Western Australian Current Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Exhibiting a film in a public place, defined
            
   5.      Sound recordings, general provisions about
            
   6A.     Display of determined markings and consumer advice
            
   6.      Application of Act
            
   7.      Films consisting only of classified films

   PART 7 -- Offences

           Division 1 -- Indecent or obscene articles  

   57.     Division does not apply to certain articles
            
   58.     Literary etc. merit or bona fide medical article, defence of
            
   59.     Indecent or obscene articles, offences as to

           Division 2 -- Publications  

   61.     Sale or supply of submittable or RC publications
            
   62.     Possession or copying of RC publications
            
   63.     Possession or copying of submittable publications with intention of selling
            
   64.     Category 1 restricted publications, offences as to
            
   65.     Category 2 restricted publications, offences as to
            
   65A.    Sale or supply of publications contrary to conditions
            
   65B.    Consumer advice for Unrestricted publications
            
   65C.    Misleading or deceptive markings
            
   65D.    Sale of restricted publications to minors
            
   65E.    Leaving certain publications in certain places

           Division 3 -- Films  

   66.     Exhibition of film in public place, offences as to
            
   67.     Notice about classifications for films to be displayed at cinemas etc.
            
   68.     RC films not to be exhibited
            
   69.     X 18+ films, exhibition of
            
   70.     R 18+ and MA 15+ films, exhibition of
            
   71.     Attendance of minor at RC, X 18+ or R 18+ films
            
   72.     Attendance of minor at MA 15+ film
            
   73.     Unclassified, RC and X 18+ films, sale of
            
   74.     Classified films, sale of
            
   75.     Notice about classifications for films to be displayed at place of sale
            
   76.     Markings etc. on films for sale, offences as to
            
   77.     Unclassified, RC or X 18+ films not to be kept where classified films are sold
            
   78.     R 18+ films, containers etc., display of in public
            
   79.     Sale or supply of certain films to minors
            
   80.     Leaving certain films in certain places
            
   81.     Possessing or copying certain films

           Division 4 -- Computer games  

   82.     Selling or demonstrating computer games in public place
            
   83.     Notice about classifications for computer games to be displayed at place of sale etc.
            
   84.     RC and R 18+ computer games, sale etc. of
            
   85.     R 18+ and MA 15+ computer games, demonstration of
            
   85A.    R 18+ and MA 15+ computer games, containers etc., display of in public
            
   86.     Markings etc. on computer games, offences as to
            
   87.     Unclassified or RC computer games not to be kept where classified computer games are sold etc.
            
   88.     Sale or supply of certain computer games to minors
            
   89.     Possessing or copying certain computer games

           Division 5 -- Advertisements  

   90.     Certain advertisements not to be published
            
   91.     Certain films etc. not to be advertised
            
   92.     Which advertisements of films etc. can be screened with feature films
            
   93.     Advertisements for R 18+ or MA 15+ films, screening of
            
   94.     Classified films not to be sold with certain advertisements
            
   95.     Classified computer games not to be sold with certain advertisements
            
   96.     Illegal advertisements for classified articles not to be published
            
   97.     Misleading or deceptive advertisements
            
   97A.    Advertising that Category 1 or 2 restricted publications are for sale etc.
            
   98.     Classification symbols etc. to be published with advertisements

           Division 6 -- Computer services  

   99.     Terms used
            
   100.    Codes of practice, approval of etc.
            
   101.    Objectionable material, offences as to
            
   102.    Restricted material, offences as to

   PART 7A -- Call-in provisions  

   102A.   Calling in submittable publications etc. for classification
            
   102B.   Calling in films for classification
            
   102C.   Calling in computer games for classification
            
   102D.   Calling in advertisements for submittable publications etc.
            
   102E.   Calling in publication, film or computer game for reclassification
            
   102F.   Calling in publication, film or computer game for review of classification

   PART 8 -- Exemptions and exceptions  

   103.    Supply etc. for classification etc. purposes not offence under Part
            
   104.    Offences as to possession, defences to
            
   105.    Articles and computer services, exemptions for
            
   107.    Ministerial directions or guidelines
            
   110.    Publication of certain films etc. to prescribed person etc.

   PART 9 -- Enforcement

           Division 1 -- General matters  

   111.    Interpretation
            
   112.    Entry, inspection and seizure without warrant
            
   113.    Obstruction
            
   114.    False or misleading statements
            
   115.    Liability of bodies corporate and their directors etc.
            
   116.    Prosecutions, time for commencing
            
   117.    Forfeiture
            
   117A.   Forfeiture of copies of seized publications, films and computer games
            
   117B.   Classification of seized items at request of accused

           Division 2 -- Infringement notices  

   117C.   Term used: designated person
            
   117D.   Giving of infringement notice
            
   117E.   Content of infringement notice
            
   117F.   Extension of time to pay modified penalty
            
   117G.   Withdrawal of infringement notice
            
   117H.   Benefit of paying modified penalty
            
   117I.   Application of penalties collected
            
   117J.   Designated persons, appointment of

   PART 11 -- Registration of persons and premises  

   128A.   Registrar
            
   129.    Registering publishers of Category 1 or 2 restricted publications
            
   130.    Registering premises where Category 1 or 2 restricted publications are published
            
   131.    Applications for registration or renewal, form of
            
   132.    Notice of decision on registration application
            
   133.    Certificates of registration
            
   134.    Duration of registration
            
   135.    Register
            
   136.    Change of particulars

   PART 12 -- General  

   140.    Power to demand name, age and address
            
   141.    Evidentiary provisions to facilitate proof
            
   141A.   Proof of classification by agreement
            
   142.    Protection from personal liability
            
   143.    Regulations

   PART 13 -- Transitional, savings, consequential amendments and repeals  

   144.    Term used: commencement
            
   145.    Pending applications
            
   146.    Savings provisions for publications
            
   147.    Transitional and savings provisions for films
            
   148.    Transitional and savings provisions for videos
            
   149.    Transitional provisions for computer games
            
   151.    Savings provisions for registration
            
   152A.   Advertisements for unclassified films
            
   153A.   Change of classification of computer games from MA 15+ to R 18+
            
   153B.   Transitional provision for Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2016
            
   153.    Repeals
           Defined terms
           Compilation table