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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 Classification (Publications, Films and Computer Games) Enforcement 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 page 2 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2016 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 page 3 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2016 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 page 4 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2016 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 page 5 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2016 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 page 6 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2016 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 page 7 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2016 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. page 8 Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2016 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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