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This is a Bill, not an Act. For current law, see the Acts databases.


CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT AMENDMENT BILL 2016

                     Western Australia


  Classification (Publications, Films and
Computer Games) Enforcement Amendment
                  Bill 2016

                         Contents

 1.    Short title                                               2
 2.    Commencement                                              2
 3.    Act amended                                               2
 4.    Section 3 amended                                         2
 5.    Section 6A inserted                                       2
       6A.      Display of determined markings and
                consumer advice                             2
 6.    Section 6 amended                                         3
 7.    Section 64 amended                                        3
 8.    Section 65 amended                                        4
 9.    Section 65C amended                                       5
 10.   Section 66 amended                                        6
 11.   Section 74 amended                                        6
 12.   Section 76 amended                                        6
 13.   Section 82 amended                                        6
 14.   Section 86 amended                                        7
 15.   Section 96 amended                                        7
 16.   Section 97 amended                                        8
 17.   Section 102E amended                                      8
 18.   Section 105 amended                                       8
 19.   Section 106 deleted                                       8
 20.   Section 107 amended                                       9
 21.   Sections 108 and 109 deleted                              9
 22.   Section 153B inserted                                     9
       153B.    Transitional provision for Classification
                (Publications, Films and Computer
                Games) Enforcement Amendment
                Act 2016                                    9



                             184--1                              page i
                           Western Australia


                      LEGISLATIVE COUNCIL


    Classification (Publications, Films and
  Computer Games) Enforcement Amendment
                    Bill 2016

                               A Bill for


An Act to amend the Classification (Publications, Films and
Computer Games) Enforcement Act 1996.



The Parliament of Western Australia enacts as follows:




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     Amendment Bill 2016



     s. 1



1    1.         Short title
2               This is the Classification (Publications, Films and Computer
3               Games) Enforcement Amendment Act 2016.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 -- on the day on which this Act
7                      receives the Royal Assent;
8                (b) the rest of the Act -- on the day after that day.

9    3.         Act amended
10              This Act amends the Classification (Publications, Films and
11              Computer Games) Enforcement Act 1996.

12   4.         Section 3 amended
13        (1)   In section 3 delete the definition of classification certificate.
14        (2)   In section 3 in the definition of determined markings delete
15              "section 8" and insert:
16

17              section 8(1)(a)
18


19   5.         Section 6A inserted
20              After section 5 insert:
21


22          6A.       Display of determined markings and consumer
23                    advice
24                    For the purposes of this Act, a publication, film or
25                    computer game is taken not to display determined
26                    markings or consumer advice unless the markings are,
27                    or advice is, displayed in accordance with any


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                                                                                 s. 6


1                     determinations under the Commonwealth Act
2                     section 8.
3


4    6.         Section 6 amended
5         (1)   At the beginning of section 6 insert:
6

7               (1)   In this section --
8                     subject to a conditional cultural exemption has the
9                     meaning given in the Commonwealth Act section 5.
10

11        (2)   In section 6 delete "This" and insert:
12

13              (2)   This
14

15        (3)   At the end of section 6 insert:
16

17              (3)   If a publication, film or computer game is subject to a
18                    conditional cultural exemption in relation to a
19                    demonstration, exhibition or screening (the relevant
20                    showing), this Act does not apply to, or in relation to,
21                    that relevant showing.
22


23   7.         Section 64 amended
24        (1)   In section 64(4)(b) delete "bear" and insert:
25

26              display
27




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     s. 8


1         (2)   In section 64(6):
2                 (a) in paragraph (b) delete "Act," and insert:
3

4                         Act; or
5

6                (b)      after paragraph (b) insert:
7

8                         (c)   the Board revokes a classification for a
9                               publication under section 22CH(1) of that Act
10                              and classifies it under section 22CH(4) of that
11                              Act,
12

13                (c)     delete "bears" and insert:
14

15                        displays
16


17   8.         Section 65 amended
18        (1)   In section 65(6) delete "bear" and insert:
19

20              display
21

22        (2)   In section 65(7):
23                (a) in paragraph (b) delete "Act," and insert:
24

25                        Act; or
26




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                                                                              s. 9


1               (b)   after paragraph (b) insert:
2

3                     (c)   the Board revokes a classification for a
4                           publication under section 22CH(1) of that Act
5                           and classifies it under section 22CH(4) of that
6                           Act,
7

8               (c)   delete "bear" and insert:
9

10                    display
11


12   9.        Section 65C amended
13             In section 65C(3):
14               (a) in paragraph (b) delete "Act," and insert:
15

16                    Act; or
17

18              (b)   after paragraph (b) insert:
19

20                    (c)   the Board revokes a classification for a
21                          publication under section 22CH(1) of that Act
22                          and classifies it under section 22CH(4) of that
23                          Act,
24

25              (c)   delete "bears" and insert:
26

27                    displays
28




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     s. 10


1    10.         Section 66 amended
2                In section 66(2)(b) after "section 21(2)" insert:
3

4                or (3)
5


6    11.         Section 74 amended
7                In section 74(2)(b) after "section 21(2)" insert:
8

9                or (3)
10


11   12.         Section 76 amended
12               In section 76(4):
13                 (a) in paragraph (b) delete "Act," and insert:
14

15                         Act; or
16

17                (b)      after paragraph (b) insert:
18

19                         (c)   the Board revokes a classification for a film
20                               under section 22CH(1) of that Act and
21                               classifies it under section 22CH(4) of that Act,
22


23   13.         Section 82 amended
24         (1)   In section 82 delete "A person" and insert:
25

26               (1)      A person
27




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                                                                                s. 14


1          (2)   At the end of section 82 insert:
2

3                (2)    Subsection (1) is not contravened by reason only of the
4                       sale or demonstration of a computer game with a
5                       modification referred to in the Commonwealth Act
6                       section 21(2) or (3).
7


8    14.         Section 86 amended
9                In section 86(6):
10                 (a) in paragraph (b) delete "Act," and insert:
11

12                       Act; or
13

14                (b)    after paragraph (b) insert:
15

16                       (c)   the Board revokes a classification for a
17                             computer game under section 22CH(1) of that
18                             Act and classifies it under section 22CH(4) of
19                             that Act,
20


21   15.         Section 96 amended
22         (1)   In section 96(2) in the definition of illegal advertisement
23               paragraph (b)(i) delete "in the manner determined" and insert:
24

25               in accordance with any determinations
26

27         (2)   In section 96(3):
28                 (a) in paragraph (b) delete "Act," and insert:
29

30                       Act; or
31



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     s. 16


1              (b)   after paragraph (b) insert:
2

3                    (c)     the Board revokes a classification for a
4                            publication, film or computer game under
5                            section 22CH(1) of that Act and classifies it
6                            under section 22CH(4) of that Act,
7


8    16.      Section 97 amended
9             In section 97(3):
10              (a) in paragraph (b) delete "Act," and insert:
11

12                   Act; or
13

14             (b)   after paragraph (b) insert:
15

16                   (c)     the Board revokes a classification for a
17                           publication, film or computer game under
18                           section 22CH(1) of that Act and classifies it
19                           under section 22CH(4) of that Act,
20


21   17.      Section 102E amended
22            In section 102E(1)(a) delete "proposes" and insert:
23

24            is requested
25


26   18.      Section 105 amended
27            Delete section 105(1).

28   19.      Section 106 deleted
29            Delete section 106.


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                                                                              s. 20


1    20.        Section 107 amended
2               In section 107:
3                 (a) delete "section 105 or 106," and insert:
4

5                       section 105(2),
6

7                (b)    delete "or the Director".

8    21.        Sections 108 and 109 deleted
9               Delete sections 108 and 109.

10   22.        Section 153B inserted
11              After section 153A insert:
12


13          153B.      Transitional provision for Classification
14                     (Publications, Films and Computer Games)
15                     Enforcement Amendment Act 2016
16              (1)    In this section --
17                     commencement day means the day on which the
18                     Classification (Publications, Films and Computer
19                     Games) Enforcement Amendment Act 2016 section 22
20                     comes into operation;
21                     repealed provision means section 105(1) or 106 as in
22                     force immediately before commencement day.
23              (2)    A direction under a repealed provision that was in force
24                     immediately before commencement day remains in
25                     force according to its terms.
26




 


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