{"id":"classification-of-publications-films-and-computer-games-act-1985","name":"Classification of Publications, Films and Computer Games Act 1985","slug":"classification-of-publications-films-and-computer-games-act-1985","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29919,"registerId":"nt-classification-of-publications-films-and-computer-games-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Classification of Publications, Films\nand Computer Games Act 1985.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe several Parts or sections of this Act shall come into operation\non such dates as are respectively fixed by the Administrator by\nnotice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\nacceptable proof of age, in relation to a person, means\ndocumentary evidence that might reasonably be accepted as\napplying to the person and as showing that the person is an adult.\nadvertisement, see section 5 the Commonwealth Act.\nAdvertising Scheme means the scheme determined from time to\ntime under section 31(1) of the Commonwealth Act.\napproved advertisement means an advertisement approved\nunder section 29 of the Commonwealth Act.\napproved form means a form approved under section 8A of the\nbusiness day means a day other than a Saturday or a Sunday or\nother public holiday under the Public Holidays Act 1981.\n\nClassification of Publications, Films and Computer Games Act 1985 2\nbuy means buy or exchange or hire and includes offer to buy or\nexchange or hire, agree to buy, exchange or hire and cause or\npermit to be bought or exchanged or hired, whether by retail or\nwholesale.\nchild means a person under 18 years of age.\nclassification certificate means a certificate issued under\nsection 25 of the Commonwealth Act.\nclassified means classified under the Commonwealth Act and\nincludes re-classified under that Act.\nCommonwealth Act means the Classification (Publications, Films\nand Computer Games) Act 1995 (Cth).\ncomputer game, see section 5A of the Commonwealth Act.\nconsumer advice means consumer advice determined under\nsection 20 of the Commonwealth Act for the film or game.\ncontentious material, see section 5 of the Commonwealth Act.\nConvenor means the Convenor of the Review Board appointed\nunder the Commonwealth Act.\ndemonstrate includes exhibit, display, screen, play or make\navailable for playing.\nDeputy Director means the Deputy Director of the National Board.\ndetermined markings means markings determined under\nsection 8 of the Commonwealth Act.\nexempt computer game, see section 5 of the Commonwealth Act.\nexempt film, see section 5 of the Commonwealth Act.\nexhibit, for a film, means project, screen or play.\nfilm, see section 5 of the Commonwealth Act.\nguardian means an adult who is exercising parental control over a\nminor who has not attained the age of 15 years.\ninternational flight, in relation to an aircraft, means a flight that\npasses through the air space over the territory of more than one\ncountry and includes any part of the flight that may occur within\nAustralia.\n\nClassification of Publications, Films and Computer Games Act 1985 3\ninternational voyage, in relation to a vessel, means a voyage\n(whether direct or indirect) between a place in Australia and a place\noutside Australia and includes any part of the voyage that may\noccur within Australia.\nmanager, for a restricted publications area, see section 104(5).\nNational Board means the Classification Board established by the\nNational Director means Director of the National Board.\nplace includes vacant land, premises, a vehicle, a vessel and an\naircraft (except a vessel on an international voyage or an aircraft on\nan international flight).\npossession, of an item, includes:\n(a) having control over the item; and\n(b) having joint possession of the item.\nprescribed business means a business prescribed by regulation.\nprescribed fee means a fee prescribed by regulation.\nprescribed person means a person prescribed by regulation.\nprivate place means a place other than a public place.\npublication, see section 5 of the Commonwealth Act.\npublic place means a place the public is entitled to use or that is\nopen to or used by the public, whether on payment of money or\notherwise.\npublish, see section 5 of the Commonwealth Act.\nrestricted publications area, see section 104(1).\nReview Board means the Classification Review Board established\nby the Commonwealth Act.\nsell means sell or exchange or let on hire, and includes offer or\ndisplay for sale or exchange or hire, agree to sell, exchange or hire\nand cause or permit to be sold or exchanged or hired, whether by\nretail or wholesale.\nsubject to a conditional cultural exemption, see section 5 of the\n\nClassification of Publications, Films and Computer Games Act 1985 4\nsubmittable publication means:\n(a) a submittable publication as defined in section 5 of the\n(b) a publication called in by the National Director under\nsection 90.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Exhibition of film","content":"3A Exhibition of film\nFor this Act, a person is taken to exhibit a film in a public place if\nthe person:\n(a) arranges or conducts the exhibition of the film in the public\nplace; or\n(b) has the superintendence or management of the public place in\nwhich the film is exhibited.\n","sortOrder":3},{"sectionNumber":"3B","sectionType":"section","heading":"Films consisting only of classified films","content":"3B Films consisting only of classified films\n(1) This section applies to a film:\n(a) contained on 1 device; and\n(b) consisting only of 2 or more classified films.\n(2) Despite any other provision of this Act, the film is to be treated, for\nthis Act, as if each of the classified films were on a separate device.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\nThis Act does not apply to:\n(a) exempt films or exempt computer games; or\n(ab) a publication, film or computer game subject to a conditional\ncultural exemption; or\n(b) broadcasting services to which the Broadcasting Services\nAct 1992 (Cth) applies.\nNote for section 4(ab)\nA publication, film or computer game is subject to a conditional cultural\nexemption only in relation to the relevant demonstration, exhibition or screening –\nsee sections 6C and 6E of the Commonwealth Act.\n\nClassification of Publications, Films and Computer Games Act 1985 5\n4AA Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4AA\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2 Administration\n","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Delegations","content":"4A Delegations\nThe Minister may, in writing, delegate any of the Minister's powers\nand functions under this Act, other than this power of delegation:\n(a) to a named person, body corporate or statutory body; or\n(b) to the person, from time to time or for the time being, holding,\nacting in or performing the duties of a named office,\ndesignation or position.\n","sortOrder":7},{"sectionNumber":"25","sectionType":"section","heading":"Arrangements with Commonwealth for censoring films","content":"25 Arrangements with Commonwealth for censoring films\n(1) The Minister may make such arrangements as the Minister thinks fit\nwith the Commonwealth relating to the classification of publications,\nfilms and computer games.\n(2) An arrangement under this section may make provision for all or\nany matters necessary or convenient to be provided for or\nincidental to carrying out the arrangement.\n(3) The Minister must cause notice of the making of an arrangement\nunder this section to be published in the Gazette.\n(4) Despite anything to the contrary in this Act, an arrangement made\nunder this section has effect according to its tenor, and in\nproceedings under this Act the production of a copy of the Gazette\nnotice mentioned in subsection (3) is prima facie evidence that an\narrangement has been made and is still operative.\n\nClassification of Publications, Films and Computer Games Act 1985 6\n","sortOrder":8},{"sectionNumber":"35","sectionType":"section","heading":"Exhibition of films in public place","content":"35 Exhibition of films in public place\n(1) A person must not exhibit an unclassified film in a public place.\n(2) A person must not exhibit a classified film in a public place:\n(a) with a title other than the title under which the film is classified;\nor\n(b) in a form other than the form in which the film is classified.\nexhibited in contravention of paragraph (a) or (b).\n(3) Subsection (2) does not apply to the exhibition of a classified film:\n(a) under a title other than the title under which it is classified if it\nis contained on 1 device together with another classified film\nor films and no unclassified films; or\n(b) with a modification mentioned in section 20A or 21(2) or (3) of\n","sortOrder":9},{"sectionNumber":"36","sectionType":"section","heading":"Display of notice about classifications","content":"36 Display of notice about classifications\nA person must not exhibit a film in a public place unless the person\ndisplays a notice:\n(a) in the approved form about classifications for films; and\n\nClassification of Publications, Films and Computer Games Act 1985 7\n(b) in the place so the notice is clearly visible to the public.\n","sortOrder":10},{"sectionNumber":"37","sectionType":"section","heading":"Exhibition of RC and X 18+ films","content":"37 Exhibition of RC and X 18+ films\n(1) A person must not exhibit a film classified RC in a public place.\nclassified RC.\n(2) A person must not exhibit a film classified X 18+ in a public place\nthat is not a restricted publications area.\n","sortOrder":11},{"sectionNumber":"38","sectionType":"section","heading":"Exhibition of unclassified, RC and X 18+ films","content":"38 Exhibition of unclassified, RC and X 18+ films\n(1) A person must not exhibit a film so that it can be seen from a public\nplace if the film is:\n(b) knowledge that, or recklessness as to whether, the film can be\nseen from a public place; and\n\nClassification of Publications, Films and Computer Games Act 1985 8\ncircumstance that the film would, if classified, be classified RC\nor X 18+.\n","sortOrder":12},{"sectionNumber":"39","sectionType":"section","heading":"Exhibition of R 18+ and MA 15+ films","content":"39 Exhibition of R 18+ and MA 15+ films\n(1) The Minister may prohibit the exhibition of a film classified R 18+\nor MA 15+:\n(a) in a drive-in theatre; or\n(b) in any other public place if, in the Minister's opinion, it is\npossible to see a film from an ordinary vantage point outside\nthe place when it is exhibited in the place.\n(2) The prohibition may:\n(a) relate to a specified film or class of films and to drive-in\ntheatres generally or a specified drive-in theatre or other\nplace; and\n(b) be imposed, varied or revoked by Gazette notice or by written\nnotice given to the person who exhibits films in the theatre or\nplace to which the notice relates.\n(3) A person must not exhibit a film in contravention of the notice.\nFault element: Intentionally exhibiting the film.\nMaximum penalty: For a film classified R 18+:\nFor a film classified MA 15+:\n\nClassification of Publications, Films and Computer Games Act 1985 9\n","sortOrder":13},{"sectionNumber":"40","sectionType":"section","heading":"Attendance of child at certain films – offence by parents and","content":"40 Attendance of child at certain films – offence by parents and\nguardians\n(1) A parent or guardian of a child must not permit the child to attend\nthe exhibition of a film in a public place if the film is:\n(a) classified RC, X 18+ or R 18+; or\n(b) unclassified but would, if classified, be classified RC, X 18+ or\n(a) intentionally permitting the child to attend the exhibition; and\n(b) knowledge that the film is classified RC, X 18+ or R 18+ or\ncircumstance that the film would, if classified, be classified RC,\nX 18+ or R 18+.\n","sortOrder":14},{"sectionNumber":"41","sectionType":"section","heading":"Attendance of child at certain films – offence by child","content":"41 Attendance of child at certain films – offence by child\nA child who is at least 15 years of age must not attend the\nexhibition of a film classified RC, X 18+ or R 18+ in a public place.\n(a) intentionally attending the exhibition; and\n(b) knowledge that the film is classified RC, X 18+ or R 18+.\n","sortOrder":15},{"sectionNumber":"42","sectionType":"section","heading":"Private exhibition of certain films in presence of child","content":"42 Private exhibition of certain films in presence of child\n(1) A person must not exhibit a film in a private place if:\n(a) the film is:\n(i) classified RC, X 18+ or R 18+; or\n(ii) unclassified but would, if classified, be classified RC,\nX 18+ or R 18+; and\n\nClassification of Publications, Films and Computer Games Act 1985 10\n(b) a child is present during any part of the exhibition.\nclassified RC, X 18+ or R 18+ or unclassified.\n(a) if the film is unclassified – the circumstance that the film\nwould, if classified, be classified RC, X 18+ or R 18+; and\n(b) the circumstance that the person present is a child.\non reasonable grounds, that the child was an adult.\n","sortOrder":16},{"sectionNumber":"43","sectionType":"section","heading":"Attendance of child at R 18+ films – offence by exhibitor","content":"43 Attendance of child at R 18+ films – offence by exhibitor\n(1) A person must not exhibit a film in a public place if:\n(a) the film is classified R 18+; and\n(b) a child is present during any part of the exhibition.\nFault element: Intentionally exhibiting the film.\n(2) Absolute liability applies to the circumstance that the person\npresent is a child.\nbefore the child was admitted to the public place; and\n\nClassification of Publications, Films and Computer Games Act 1985 11\n","sortOrder":17},{"sectionNumber":"44","sectionType":"section","heading":"Attendance of child at MA 15+ films – offence by exhibitor","content":"44 Attendance of child at MA 15+ films – offence by exhibitor\n(1) A person must not exhibit a film in a public place if:\n(a) the film is classified MA 15+; and\n(b) a child under 15 years of age is present during any part of the\nexhibition; and\n(c) the child is not accompanied by a parent or guardian of the\n(b) knowledge that the child is not accompanied by a parent or\nguardian or recklessness as to that fact.\n(2) For subsection (1), a child is accompanied by a parent or guardian\ndespite the temporary absence of the parent or guardian from the\nexhibition of the film.\n(3) Absolute liability applies to the circumstance that the person\npresent is under 15 years of age.\n(a) the defendant took all reasonable steps to ensure the child\nwas not present in contravention of the subsection; or\nwas at least 15 years of age; or\n(c) the defendant believed, on reasonable grounds, that the\nperson accompanying the child was a parent or guardian of\nthe child.\n","sortOrder":18},{"sectionNumber":"45","sectionType":"section","heading":"Sale of films","content":"45 Sale of films\n(1) A person must not sell an unclassified film.\n\nClassification of Publications, Films and Computer Games Act 1985 12\n(2) A person must not sell a classified film:\n(a) with a title other than the title under which the film is classified;\nor\n(b) in a form other than the form in which the film is classified.\n(b) knowledge that, or recklessness as to whether, the film is sold\nin contravention of paragraph (a) or (b).\n(3) Subsection (2) does not apply to the sale of a classified film:\n(a) with a title other than the title under which it is classified if it is\ncontained on 1 device together with another classified film or\nfilms and no unclassified films; or\n(b) with a modification mentioned in section 20A or 21(2) or (3) of\n","sortOrder":19},{"sectionNumber":"46","sectionType":"section","heading":"Display of notice about classifications","content":"46 Display of notice about classifications\nA person must not sell a film at any premises unless the person\ndisplays a notice:\n(a) in the approved form about classifications for films; and\n(b) in the premises so the notice is clearly visible to the public.\n\nClassification of Publications, Films and Computer Games Act 1985 13\n","sortOrder":20},{"sectionNumber":"47","sectionType":"section","heading":"Film must display determined markings and consumer advice","content":"47 Film must display determined markings and consumer advice\n(1) A person must not sell a film unless the container, wrapping or\ncasing of the film displays:\n(a) the determined markings relevant to the film's classification;\nand\n(b) if there is any current consumer advice for the film – the\n(2) A person must not sell an unclassified film in a container, wrapping\nor casing that displays a marking indicating or suggesting that the\nfilm has been classified.\n(3) A person must not sell a classified film in a container, wrapping or\ncasing that displays a marking indicating or suggesting that the film\nis unclassified or has a different classification.\n(4) Subsection (5) applies if:\n(a) a film is reclassified under section 39 or 97A of the\n(b) a film is reclassified by a decision of the Review Board under\n","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"of the Commonwealth Act; or","content":"Part 5 of the Commonwealth Act; or\nadvice for a film under section 22B(3) of the Commonwealth\n(d) the National Board revokes a classification for a film under\nsection 22CH(1) of the Commonwealth Act and classifies it\nunder section 22CH(4) of that Act.\n(5) A person does not commit an offence against this section in relation\nto the film during the 30-day period after the decision to reclassify\nor revoke takes effect, if the film displays the determined markings\nand consumer advice applying to the film immediately before the\n\nClassification of Publications, Films and Computer Games Act 1985 14\nreclassification or revocation.\n","sortOrder":22},{"sectionNumber":"48","sectionType":"section","heading":"Possession of unclassified or RC films and other films at","content":"48 Possession of unclassified or RC films and other films at\ncertain premises\n(1) A person must not possess a film classified RC, or an unclassified\nfilm, at premises where classified films are sold.\n(a) intentionally possessing the film; and\nclassified RC or unclassified; and\n(c) knowledge that, or recklessness as to whether, classified films\nare sold at the premises.\n(2) An occupier of premises commits an offence if:\n(a) classified films are sold at the premises; and\n(b) another person possesses a film classified RC or an\nunclassified film at the premises.\nFault element: Knowledge that, or recklessness as to\nwhether, another person possesses a film\nclassified RC or an unclassified film at the\npremises.\n","sortOrder":23},{"sectionNumber":"49","sectionType":"section","heading":"Display of X 18+ films for sale","content":"49 Display of X 18+ films for sale\n(1) A person must not display a film classified X 18+ for sale in a place\nthat is not a restricted publications area.\n(a) intentionally displaying the film for sale; and\n\nClassification of Publications, Films and Computer Games Act 1985 15\n(2) A person must not sell a film classified X 18+ to another person\nwho has not made a direct request for the film.\n(b) knowledge that the person has not made a direct request for\nthe film or recklessness as to that fact; and\n(3) A person must not sell a film classified X 18+ that is not contained\nin a package made of opaque material.\n","sortOrder":24},{"sectionNumber":"50","sectionType":"section","heading":"Sale or delivery of certain films to child","content":"50 Sale or delivery of certain films to child\n(1) A person must not sell or deliver a film to a child if:\n(a) the film is classified RC, X 18+ or R 18+; or\n(b) unclassified but would, if classified, be classified RC, X 18+ or\n(a) intentionally selling or delivering the film; and\n\nClassification of Publications, Films and Computer Games Act 1985 16\nclassified RC, X 18+ or R 18+ or unclassified.\nMaximum penalty: For a film classified RC, or an unclassified\nfilm that would, if classified, be classified,\nRC:\nFor another film:\n(a) the circumstance that the person to whom the film is sold or\ndelivered is a child; and\n(b) if the film is unclassified – the circumstance that the film\nwould, if classified, be classified RC, X 18+ or R 18+.\n(3) Subsection (1) does not apply if:\n(a) the film is classified R 18+; and\n(b) the child is at least 15 years of age; and\n(c) the person who sells or delivers the film to the child is a parent\nor guardian of the child.\nsubsection (1) if:\n(a) the defendant proves that:\n(i) the child produced to the defendant acceptable proof of\nage before the defendant sold or delivered the film to the\nchild; and\n(ii) the defendant believed, on reasonable grounds, that the\nchild was an adult; or\n(b) for the delivery of a film classified R 18+ – the defendant\nproves that the child was employed by the defendant and the\ndelivery took place in the course of employment.\n(5) A child commits an offence if:\n(a) the child is at least 15 years of age; and\n\nClassification of Publications, Films and Computer Games Act 1985 17\n(b) the child buys a film classified RC, X 18+ or R 18+.\nFault element: Knowledge that the film is classified RC,\nX 18+ or R 18+.\n(6) A person must not sell or deliver a film to a child under 15 years of\nage if the film is:\n(a) classified MA 15+; or\n(b) unclassified but would, if classified, be classified MA 15+.\n(a) intentionally selling or delivering the film; and\nclassified MA 15+ or unclassified.\n(7) Absolute liability applies to:\n(a) the circumstance that the person to whom the film is sold or\ndelivered is under 15 years of age; and\n(b) if the film is unclassified – the circumstance that the film\nwould, if classified, be classified MA 15+.\n(8) Subsection (6) does not apply if the person who sells or delivers the\nfilm to the child is a parent or guardian of the child.\n(9) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant proves that the defendant believed,\non reasonable grounds, that:\n(a) the child was at least 15 years of age; or\n(b) a parent or guardian of the child had consented to the sale or\ndelivery.\n\nClassification of Publications, Films and Computer Games Act 1985 18\n","sortOrder":25},{"sectionNumber":"51","sectionType":"section","heading":"Power to demand particulars and expel persons","content":"51 Power to demand particulars and expel persons\n(1) A police officer or person exhibiting, selling or delivering films who\nsuspects on reasonable grounds that the exhibition, sale or delivery\nof a film to another person is, or would be, in contravention of this\nPart, may direct the other person to state their name, age and\naddress.\n(2) The other person must comply with the direction.\n(3) A police officer or person exhibiting, or about to exhibit, a film in a\npublic place (including an employee or agent of that person) who\nsuspects on reasonable grounds that another person's presence\nduring the exhibition is, or would be, in contravention of this Part\nmay:\n(a) direct the other person to leave the place; and\n(b) if the other person fails to comply with the direction – use\nreasonable force to remove the person from the place.\n(4) The other person must comply with the direction.\n","sortOrder":26},{"sectionNumber":"52","sectionType":"section","heading":"Leaving films in certain places","content":"52 Leaving films in certain places\n(1) A person must not leave a film in a public place or, without the\noccupier's permission, in a private place, if the film is:\n(a) classified RC, X 18+, R 18+ or MA 15+; or\n(b) unclassified but would, if classified, be classified RC, X 18+,\nR 18+ or MA 15+.\n(a) intentionally leaving the film in the place; and\n(b) if the film is left in a private place – knowledge that the\noccupier has not given permission to leave the film in the\nplace or recklessness as to that fact; and\n\nClassification of Publications, Films and Computer Games Act 1985 19\nclassified RC, X 18+, R 18+ or MA 15+ or unclassified.\nMaximum penalty: For a film classified RC, X 18+ or R 18+, or\nan unclassified film that would, if classified,\nbe classified RC, X 18+ or R 18+:\nFor a film classified MA 15+, or an\nunclassified film that would, if classified, be\nclassified MA 15+:\ncircumstance that the film would, if classified, be classified RC,\nX 18+, R 18+ or MA 15+.\n","sortOrder":27},{"sectionNumber":"53","sectionType":"section","heading":"Possession of films with intention to publish","content":"53 Possession of films with intention to publish\n(1) A person must not possess a film with the intention of publishing\nthe film if the film is:\n(a) intention to publish the film; and\ncircumstance that the film would, if classified, be classified RC or\nX 18 +.\n(3) Subsection (1) does not apply to a person who possesses a film for\nclassification or law enforcement purposes.\n(4) If a person possesses 10 or more copies of a film, it is presumed,\nunless the contrary is proved, that the person intended to publish\nthe film.\n\nClassification of Publications, Films and Computer Games Act 1985 20\n","sortOrder":28},{"sectionNumber":"54","sectionType":"section","heading":"Sale or delivery of submittable or RC publications","content":"54 Sale or delivery of submittable or RC publications\n(1) A person must not sell or deliver:\n(a) a submittable publication; or\n(b) a publication classified RC.\n(b) knowledge that the publication is a submittable publication or\nclassified RC.\n(2) Subsection (1) does not apply to a person who delivers a\npublication for classification or law enforcement purposes.\ncommitted, the publication has been classified Unrestricted.\n","sortOrder":29},{"sectionNumber":"55","sectionType":"section","heading":"Sale or delivery of Category 1 restricted publications","content":"55 Sale or delivery of Category 1 restricted publications\n(1) A person must not sell or deliver a publication classified Category 1\nrestricted unless:\n(a) the publication is contained in a sealed package made of plain\nopaque material; and\n(b) both the publication and the package bear the determined\nmarkings relevant to the publication's classification.\n\nClassification of Publications, Films and Computer Games Act 1985 21\nis classified Category 1 restricted.\n(2) Subject to any condition imposed by the National Board under\nsection 13A of the Commonwealth Act, the requirement that the\npackage must be sealed does not apply if the sale or delivery takes\nplace in a restricted publications area.\n(3) For subsection (1)(a), a package is plain even though it displays the\ntitle of the publication.\n(4) Subsection (5) applies if:\n(c) the National Board revokes a classification for a publication\nunder section 22B(3) of the Commonwealth Act; or\n(d) the National Board revokes a classification for a publication\nunder section 22CH(1) of the Commonwealth Act and\n(5) A person does not commit an offence against subsection (1) in\nrelation to the publication during the 30-day period after the\ndecision to reclassify or revoke takes effect, if the publication\ndisplays the determined markings applying to the publication\nimmediately before the reclassification or revocation.\n","sortOrder":30},{"sectionNumber":"56","sectionType":"section","heading":"Sale or delivery of Category 2 restricted publications","content":"56 Sale or delivery of Category 2 restricted publications\n(1) A person must not sell or deliver a publication classified Category 2\nrestricted in a place that is not a restricted publications area.\n\nClassification of Publications, Films and Computer Games Act 1985 22\n(c) knowledge that, or recklessness as to whether, the publication\n(2) A person must not deliver a publication classified Category 2\nrestricted to another person who has not made a direct request for\nthe publication.\n(a) intentionally delivering the publication to the person; and\n(b) knowledge that the person has not made a direct request for\nthe publication or recklessness as to that fact; and\n(c) knowledge that, or recklessness as to whether, the publication\n(3) A person must not deliver a publication classified Category 2\nrestricted unless:\n(a) the publication is contained in a sealed package made of plain\nopaque material; and\n(b) both the publication and the package bear the determined\nmarkings relevant to the publication's classification.\n(4) For subsection (3)(a), a package is plain even though it displays the\ntitle of the publication.\n(5) Subsection (6) applies if:\n\nClassification of Publications, Films and Computer Games Act 1985 23\nadvice for a publication under section 22B(3) of the\n(d) the National Board revokes a classification for a publication\nunder section 22CH(1) of the Commonwealth Act and\n(6) A person does not commit an offence against subsection (3) in\nrelation to the publication during the 30-day period after the\ndecision to reclassify or revoke takes effect, if the publication\ndisplays the determined markings applying to the publication\nimmediately before the reclassification or revocation.\n","sortOrder":31},{"sectionNumber":"57","sectionType":"section","heading":"Sale or delivery of publications contrary to conditions","content":"57 Sale or delivery of publications contrary to conditions\n(1) This section applies to a publication that is:\n(a) classified Unrestricted or Category 1 restricted; and\n(b) subject to a condition imposed under section 13A of the\n(2) A person must not sell the publication except in accordance with\nthe condition.\nFault element: Intentionally selling the publication.\n","sortOrder":32},{"sectionNumber":"58","sectionType":"section","heading":"Consumer advice for unrestricted publications","content":"58 Consumer advice for unrestricted publications\nA person must not sell a publication classified Unrestricted for\nwhich there is consumer advice unless the consumer advice is\ndisplayed on the publication or packaging of the publication.\n\nClassification of Publications, Films and Computer Games Act 1985 24\n","sortOrder":33},{"sectionNumber":"59","sectionType":"section","heading":"Misleading or deceptive markings","content":"59 Misleading or deceptive markings\n(1) A person must not sell an unclassified publication in a container,\nthat the publication has been classified.\n(2) A person must not sell a classified publication in a container,\nthat the publication is unclassified or has a different classification.\n(3) Subsection (4) applies if:\n(c) the National Board revokes a classification for a publication\nunder section 22B(3) of the Commonwealth Act; or\n(d) the National Board revokes a classification for a publication,\nfilm or computer game under section 22CH(1) of the\nCommonwealth Act and classifies it under section 22CH(4) of\nthat Act.\n(4) A person does not commit an offence against this section in relation\nto the publication during the 30-day period after the decision to\nreclassify or revoke takes effect, if the publication displays the\ndetermined markings applying to the publication immediately before\nthe reclassification or revocation.\n","sortOrder":34},{"sectionNumber":"60","sectionType":"section","heading":"Sale of certain publications to a child","content":"60 Sale of certain publications to a child\n(1) A person must not sell or deliver a publication classified Category 1\nrestricted or Category 2 restricted to a child.\n\nClassification of Publications, Films and Computer Games Act 1985 25\nis classified Category 1 restricted or Category 2 restricted.\n(2) Absolute liability applies to the circumstance that the person to\nwhom the publication is sold or delivered is a child.\nbefore the defendant sold or delivered the publication to the\nchild; and\n","sortOrder":35},{"sectionNumber":"61","sectionType":"section","heading":"Leaving or display publications in certain places","content":"61 Leaving or display publications in certain places\n(1) A person commits an offence if:\n(a) the person:\n(i) leaves a publication in a public place; or\n(ii) leaves a publication in a private place without the\noccupier's permission; or\n(iii) displays a publication so that it can be seen from a\npublic place; and\n(b) the publication is:\n(i) a submittable publication; or\n(ii) classified Category 1 restricted, Category 2 restricted or\nRC.\n(a) intentionally leaving or displaying the publication; and\n(b) for paragraph (a)(ii) – knowledge that the occupier has not\ngiven permission to leave the publication in the place or\nrecklessness as to that fact; and\n(c) for paragraph (a)(iii) – knowledge that, or recklessness as to\nwhether, the publication can be seen from a public place; and\n\nClassification of Publications, Films and Computer Games Act 1985 26\n(d) knowledge that the publication is:\n(i) a submittable publication; or\n(ii) classified Category 1 restricted, Category 2 restricted or\nRC.\n(2) Subsection (1) does not apply if the publication:\n(a) is classified Category 1 restricted and both of the following\napply:\n(i) the public place is a shop or stall;\n(ii) section 55 is complied with in relation to the publication;\nor\n(b) is classified Category 2 restricted and the public place is a\nrestricted publications area.\ncommitted, the publication has been classified Unrestricted.\n","sortOrder":36},{"sectionNumber":"62","sectionType":"section","heading":"Possession or copying of publications with intention to sell","content":"62 Possession or copying of publications with intention to sell\n(1) A person must not possess or copy a publication with the intention\nof selling the publication if the publication is:\n(a) a submittable publication; or\n(b) classified RC.\n(a) intention to sell the publication; and\nis a submittable publication or classified RC.\ncommitted, the publication has been classified Unrestricted,\n\nClassification of Publications, Films and Computer Games Act 1985 27\nCategory 1 restricted, or Category 2 restricted.\n(3) If a person makes 10 or more copies of a publication it is presumed,\nunless the contrary is proved, that the person intended to sell the\n","sortOrder":37},{"sectionNumber":"63","sectionType":"section","heading":"Sale or demonstration of unclassified computer games","content":"63 Sale or demonstration of unclassified computer games\n(1) A person must not:\n(a) sell an unclassified computer game; or\n(b) demonstrate an unclassified computer game in a public place.\n(2) A person must not sell a classified computer game, or demonstrate\na classified computer game in a public place:\n(a) with a title other than the title under which the game is\nclassified; or\n(b) in a form other than the form in which the game is classified.\nsold or demonstrated in contravention of paragraph (a) or (b).\n(3) Subsection (2)(b) does not apply to the sale or demonstration of a\nclassified computer game with a modification mentioned in\nsection 20A or 21(2) or (3) of the Commonwealth Act.\n\nClassification of Publications, Films and Computer Games Act 1985 28\n","sortOrder":38},{"sectionNumber":"64","sectionType":"section","heading":"Display of notice about classifications","content":"64 Display of notice about classifications\nA person must not sell or demonstrate a computer game in a public\nplace unless the person displays a notice:\n(a) in the approved form about classifications for computer\ngames; and\n(b) in the place so the notice is clearly visible to the public.\n","sortOrder":39},{"sectionNumber":"65","sectionType":"section","heading":"Sale or demonstration of unclassified and RC computer games","content":"65 Sale or demonstration of unclassified and RC computer games\n(1) A person must not sell a computer game, or demonstrate a\ncomputer game in a public place, if the game is:\n","sortOrder":40},{"sectionNumber":"65A","sectionType":"section","heading":"Demonstration of R 18+ computer games","content":"65A Demonstration of R 18+ computer games\nA person must not demonstrate a computer game classified R 18+\nin a public place unless:\n(a) the determined markings relevant to the game's classification\nare exhibited before the game can be played; and\n(b) entry into the place is restricted to adults.\n\nClassification of Publications, Films and Computer Games Act 1985 29\n","sortOrder":41},{"sectionNumber":"66","sectionType":"section","heading":"Demonstration of MA 15+ computer games","content":"66 Demonstration of MA 15+ computer games\nA person must not demonstrate a computer game classified\nMA 15+ in a public place unless:\n(a) the determined markings relevant to the game's classification\nare exhibited before the game can be played; and\n(b) entry into the place is restricted to adults or to children who\nare accompanied by a parent or guardian while in the public\nplace.\n","sortOrder":42},{"sectionNumber":"67","sectionType":"section","heading":"Demonstration of unclassified, RC, R 18+ and MA 15+","content":"67 Demonstration of unclassified, RC, R 18+ and MA 15+\ncomputer games\nA person must not demonstrate a computer game so that it can be\nseen from a public place if the game is:\n(a) classified RC, R 18+ or MA 15+; or\n(b) unclassified but would, if classified, be classified RC, R 18+ or\nMA 15+.\n(a) intentionally demonstrating the game; and\n(b) knowledge that, or recklessness as to whether, the game can\nbe seen from a public place; and\n(c) knowledge that, or recklessness as to whether, the game is\nclassified RC, R 18+ or MA 15+ or unclassified.\n\nClassification of Publications, Films and Computer Games Act 1985 30\nFor a game classified MA 15+, or an\nbe classified MA 15+:\n","sortOrder":43},{"sectionNumber":"68","sectionType":"section","heading":"Private demonstration of unclassified, RC or R 18+ computer","content":"68 Private demonstration of unclassified, RC or R 18+ computer\ngames in presence of child\n(1) A person must not demonstrate a computer game in a private place\nif:\n(a) the game is:\n(i) classified RC or R 18+; or\n(ii) unclassified but would, if classified, be classified RC or\nR 18+; and\n(b) a child is present during any part of the demonstration.\n(a) intentionally demonstrating the game; and\nclassified RC or R 18+ or unclassified.\n(a) if the game is unclassified – the circumstance that the game\nwould, if classified, be classified RC or R 18+; and\n(b) the circumstance that the person present is a child.\non reasonable grounds, that the child was an adult.\n\nClassification of Publications, Films and Computer Games Act 1985 31\n","sortOrder":44},{"sectionNumber":"69","sectionType":"section","heading":"Computer game must display determined markings and","content":"69 Computer game must display determined markings and\nconsumer advice\n(1) A person must not sell a computer game unless the container,\nwrapping or casing of the game displays:\n(a) the determined markings relevant to the game's classification;\nand\n(b) if there is any current consumer advice for the game – the\n(2) A person must not sell an unclassified computer game in a\ncontainer, wrapping or casing that displays a marking indicating or\nsuggesting that the game has been classified.\n(3) A person must not sell a classified computer game in a container,\nthat the game is unclassified or has a different classification.\n(4) A person must not make a computer game available for playing on\na pay and play basis unless the device used for playing the game\ndisplays:\n(a) the determined markings relevant to the game's classification;\nand\n(b) if there is any current consumer advice for the game – the\n(5) If 2 or more computer games are available for playing on a device\nmentioned in subsection (4), the determined markings and\nconsumer advice that must be displayed on the device are those\nrelevant to the computer game with the highest classification under\n\nClassification of Publications, Films and Computer Games Act 1985 32\n(6) Subsection (7) applies if:\n(a) a game is reclassified under section 39 of the Commonwealth\n(b) a game is reclassified by a decision of the Review Board\nadvice for a game under section 22B(3) of the Commonwealth\n(d) the National Board revokes a classification for a computer\ngame under section 22CH(1) of the Commonwealth Act and\n(7) A person does not commit an offence against this section in relation\nto the game during the 30-day period after the decision to reclassify\nor revoke takes effect, if the game displays the determined\nmarkings and consumer advice applying to the game immediately\nbefore the reclassification or revocation.\n","sortOrder":45},{"sectionNumber":"70","sectionType":"section","heading":"Possession of unclassified or RC computer games with other","content":"70 Possession of unclassified or RC computer games with other\ncomputer games at certain premises\nA person must not possess a computer game classified RC, or an\nunclassified computer game, at premises where classified computer\ngames are sold or demonstrated.\n(a) intentionally possessing the game; and\nclassified RC or unclassified; and\n(c) knowledge that, or recklessness as to whether, classified\ngames are sold or demonstrated at the premises.\n","sortOrder":46},{"sectionNumber":"71","sectionType":"section","heading":"Sale or delivery of certain computer games to child","content":"71 Sale or delivery of certain computer games to child\n(1) A person must not sell or deliver a computer game to a child if the\ngame is:\n(a) classified RC or R 18+; or\n\nClassification of Publications, Films and Computer Games Act 1985 33\n(b) unclassified but would, if classified, be classified RC or R 18+.\n(a) intentionally selling or delivering the game; and\nclassified RC or R 18+ or unclassified.\n(a) the circumstance that the person to whom the game is sold or\ndelivered is a child; and\n(b) if the game is unclassified – the circumstance that the game\nwould, if classified, be classified RC or R 18+.\n(2A) Subsection (1) does not apply if:\n(a) the game is classified R 18+, or is an unclassified game that\nwould, if classified, be classified R 18+; and\n(b) the child is at least 15 years of age; and\n(c) the person who sells or delivers the game to the child is a\nparent or guardian of the child.\n(2B) It is a defence to a prosecution for an offence against\nsubsection (1), if the game is classified R 18+, or is an unclassified\ngame that would, if classified, be classified R 18+, if the defendant\nproves that:\n(a) the defendant believed, on reasonable grounds, that the child\nwas an adult; or\n(b) if the offence relates to the delivery of the game, the child was\nemployed by the defendant and the delivery took place in the\ncourse of employment.\n\nClassification of Publications, Films and Computer Games Act 1985 34\n(2C) A child who is at least 15 years of age must not buy a computer\ngame classified RC or R 18+.\nFault element: Knowledge that the game is classified RC or\n(3) A person must not sell or deliver a computer game classified\nMA 15+ to a child under 15 years of age.\n(a) intentionally selling or delivering the game; and\nclassified MA 15+.\n(4) Absolute liability applies to the circumstance that the person to\nwhom the game is sold or delivered is under 15 years of age.\n(5) Subsection (3) does not apply if the person who sells or delivers the\ngame to the child is a parent or guardian of the child.\n(6) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant proves that the defendant believed,\non reasonable grounds, that:\n(a) the child was at least 15 years of age; or\n(b) a parent or guardian of the child had consented to the sale or\ndelivery.\n","sortOrder":47},{"sectionNumber":"72","sectionType":"section","heading":"Power to demand particulars and expel persons","content":"72 Power to demand particulars and expel persons\n(1) A police officer or person demonstrating, selling or delivering\ncomputer games who suspects on reasonable grounds that the\ndemonstration, sale or delivery of a game to another person is, or\nwould be, in contravention of this Part, may direct the other person\nto state their name, age and address.\n(2) The other person must comply with the direction.\n(3) A police officer or person demonstrating, or about to demonstrate, a\ncomputer game in a public place (including an employee or agent of\n\nClassification of Publications, Films and Computer Games Act 1985 35\nthat person) who suspects on reasonable grounds that another\nperson's presence during the demonstration is, or would be, in\ncontravention of this Part may:\n(a) direct the other person to leave the place; and\n(b) if the other person fails to comply with the direction – use\nreasonable force to remove the person from the place.\n(4) The other person must comply with the direction.\n","sortOrder":48},{"sectionNumber":"73","sectionType":"section","heading":"Leaving computer games in certain places","content":"73 Leaving computer games in certain places\n(1) A person must not leave a computer game in a public place or,\nwithout the occupier's permission, in a private place, if the game is:\n(a) classified RC, R 18+ or MA 15+; or\n(b) unclassified but would, if classified, be classified RC, R 18+ or\nMA 15+.\n(a) intentionally leaving the game; and\n(b) if the game is left in a private place – knowledge that the\noccupier has not given permission to leave the game in the\nplace or recklessness as to that fact; and\n(c) knowledge that, or recklessness as to whether, the game is\nclassified RC, R 18+ or MA 15+ or unclassified.\ngame that would, if classified, be classified\nRC:\n\nClassification of Publications, Films and Computer Games Act 1985 36\nFor a game classified MA 15+, or an\nbe classified MA 15+:\ncircumstance that the game would, if classified, be classified RC,\nR 18+ or MA 15+.\n","sortOrder":49},{"sectionNumber":"74","sectionType":"section","heading":"Possession of computer games with intention to publish","content":"74 Possession of computer games with intention to publish\n(1) A person must not possess a computer game with the intention of\npublishing the game if the game is:\n(a) intention to publish the game; and\n(3) Subsection (1) does not apply to a person who possesses a game\nfor classification or law enforcement purposes.\n(4) If a person makes 10 or more copies of a game, it is presumed,\nunless the contrary is proved, that the person intended to publish\nthe game.\n\nClassification of Publications, Films and Computer Games Act 1985 37\n","sortOrder":50},{"sectionNumber":"75","sectionType":"section","heading":"Definitions","content":"75 Definitions\nIn this Division:\ncode of practice means a code of practice, as amended from time\nto time, approved and published under section 76.\ncomputer service means a service provided by or through the\nfacilities of a computer communication system allowing:\n(a) the input, output or examination of computer data or computer\nprogrammes; or\n(b) the transmission of computer data or computer programmes\nfrom one computer to another; or\n(c) the transmission of computer data or computer programmes\nfrom a computer to a terminal device.\nobjectionable material means:\n(a) a film classified RC, a computer game classified RC or a\nrefused publication; or\n(b) child pornography; or\n(c) an article that promotes crime or violence, or incites or\ninstructs in matters of crime or violence; or\n(d) an article that describes or depicts, in a manner that is likely to\ncause offence to a reasonable adult:\n(i) the use of violence or coercion to compel a person to\nparticipate in, or submit to, sexual conduct; or\n(ii) sexual conduct with or on the body of a dead person; or\n(iii) the use of urine or excrement in association with\ndegrading or dehumanising conduct or sexual conduct;\nor\n(iv) bestiality; or\n(v) acts of torture or the infliction of extreme violence or\nextreme cruelty.\nrestricted material means an article that a reasonable adult,\nbecause of the nature of the article or the nature and extent of\n\nClassification of Publications, Films and Computer Games Act 1985 38\nreferences in the article to matters of sex, drug misuse or addiction,\ncrime, cruelty, violence or revolting or abhorrent phenomena, would\nregard as unsuitable for a minor to see, read or hear.\n","sortOrder":51},{"sectionNumber":"76","sectionType":"section","heading":"Codes of practice","content":"76 Codes of practice\n(1) The Minister may approve a code of practice relating to computer\nservices.\n(2) The Minister must cause a copy of a code of practice approved\nunder subsection (1) to be published in the Gazette.\n(3) The Minister may approve an amendment of a code of practice and\non publication in the Gazette of the approved amendment the code\nis taken to be amended accordingly.\n(4) The Minister may, by Gazette notice, revoke the approval of a code\nof practice.\n","sortOrder":52},{"sectionNumber":"77","sectionType":"section","heading":"Objectionable material","content":"77 Objectionable material\n(1) A person must not use a computer service to:\n(a) transmit objectionable material; or\n(b) obtain possession of objectionable material; or\n(c) demonstrate objectionable material; or\n(d) advertise that objectionable material is available for\ntransmission; or\n(e) request the transmission of objectionable material.\n(a) intentionally transmitting, obtaining possession of,\ndemonstrating, advertising or requesting the transmission of,\nthe material; and\n(b) knowledge that the material is objectionable material.\nsubsection (1) if the defendant proves that the transmission,\nobtaining possession of, demonstrating, advertising or requesting\nthe transmission of, the material is justified in the public interest\nbecause the material is part of:\n\nClassification of Publications, Films and Computer Games Act 1985 39\n(a) an article of recognised literary, artistic or scientific merit; or\n(b) a bona fide medical article.\n","sortOrder":53},{"sectionNumber":"78","sectionType":"section","heading":"Restricted material","content":"78 Restricted material\n(1) A person must not use a computer service to transmit or make\nrestricted material available to a child.\n(a) intentionally transmitting or making the material available; and\n(b) knowledge that, or recklessness as to whether, the material is\nrestricted material; and\n(c) knowledge that, or recklessness as to whether, the recipient or\nintended recipient of the material is a child.\nsubsection (1) if the defendant proves that the defendant:\n(a) complied with a code of practice; or\n(b) took all reasonable steps to avoid a contravention of the\nsubsection; or\n(c) believed, on reasonable grounds, that:\n(i) the person to whom the defendant transmitted the\nrestricted material was not a child; or\n(ii) the restricted material would not be made available to a\n","sortOrder":54},{"sectionNumber":"79","sectionType":"section","heading":"Hierarchy of classification","content":"79 Hierarchy of classification\nFor this Part, the hierarchy of classification is as follows:\n(a) G is a lower classification than PG, M, MA 15+ or R 18+;\n(b) PG is a lower classification than M, MA 15+ or R 18+;\n(c) M is a lower classification than MA 15+ or R 18+;\n\nClassification of Publications, Films and Computer Games Act 1985 40\n(d) MA 15+ is a lower classification than R 18+;\n(e) R 18+ is a lower classification than X 18+.\n","sortOrder":55},{"sectionNumber":"80","sectionType":"section","heading":"Certain advertisements not to be published","content":"80 Certain advertisements not to be published\n(1) A person must not publish an advertisement for a film, publication\nor computer game if:\n(a) the advertisement:\n(i) has not been submitted for approval; or\n(ii) has been refused approval; or\n(iii) has been approved and the approval is revoked under\nsection 13(5) or 21A of the Commonwealth Act; and\n(b) for an advertisement, that has not been submitted for\napproval – the advertisement, if submitted, would be refused\napproval.\n(a) intentionally publishing the advertisement; and\n(b) knowledge that, or recklessness as to whether, the\nadvertisement:\n(i) has not been submitted for approval; or\n(ii) has been refused approval; or\n(iii) has been approved and the approval is revoked under\nsection 13(5) or 21A of the Commonwealth Act.\n(2) If the advertisement has not been submitted for approval, absolute\nliability applies to the circumstance that, if submitted, the\nadvertisement would be refused approval.\n(3) A person must not publish an approved advertisement for a film,\npublication or computer game:\n(a) in a form other than the form in which it is approved; or\n\nClassification of Publications, Films and Computer Games Act 1985 41\n(b) otherwise than in accordance with a condition of the approval.\n(a) intentionally publishing the advertisement; and\n(b) knowledge that, or recklessness as to whether, the\nadvertisement is published in contravention of paragraph (a)\nor (b).\n","sortOrder":56},{"sectionNumber":"81","sectionType":"section","heading":"Certain films, publications and computer games not to be","content":"81 Certain films, publications and computer games not to be\nadvertised\n(1) A person must not publish an advertisement for:\n(a) an unclassified film, if the advertisement is published\notherwise than in accordance with the relevant provisions of\nthe Advertising Scheme; or\n(b) a film classified RC; or\n(c) a submittable publication; or\n(d) a publication classified RC; or\n(e) an unclassified computer game, if the advertisement is\npublished otherwise than in accordance with the relevant\nprovisions of the Advertising Scheme; or\n(f) a computer game classified RC.\n(2) For this section, if a person publishes an advertisement for an\nunclassified film or computer game at the request of another\nperson, the other person alone is taken to have published it.\n","sortOrder":57},{"sectionNumber":"82","sectionType":"section","heading":"Advertisements with films","content":"82 Advertisements with films\n(1) A person must not exhibit an advertisement for a classified film in a\npublic place during a program for the exhibition of another classified\nfilm (the feature film) if the advertised film has a higher\nclassification than the feature film.\n\nClassification of Publications, Films and Computer Games Act 1985 42\n(2) A person must not exhibit an advertisement for an unclassified film\nin a public place during a program for the exhibition of a classified\nfilm if the advertisement does not comply with the relevant\nprovisions of the Advertising Scheme.\n(3) A person must not sell a classified film (the feature film) that is\naccompanied by an advertisement for another classified film if the\nadvertised film has a higher classification than the feature film.\n(4) A person must not sell a classified film that is accompanied by an\nadvertisement for an unclassified film if the advertisement does not\ncomply with the relevant provisions of the Advertising Scheme.\n","sortOrder":58},{"sectionNumber":"83","sectionType":"section","heading":"Advertisements with computer games","content":"83 Advertisements with computer games\n(1) A person must not sell a classified computer game (the main\ngame) that is accompanied by an advertisement for another\nclassified computer game if the advertised game has a higher\nclassification than the main game.\n(2) A person must not sell a classified computer game that is\naccompanied by an advertisement for an unclassified computer\ngame if the advertisement does not comply with the relevant\nprovisions of the Advertising Scheme.\n\nClassification of Publications, Films and Computer Games Act 1985 43\n","sortOrder":59},{"sectionNumber":"84","sectionType":"section","heading":"Liability of occupier for certain advertisements","content":"84 Liability of occupier for certain advertisements\nAn occupier of a public place that is not a restricted publications\narea must not screen in the place an advertisement for:\n(a) a film classified MA 15+ or R 18+ during a program for the\nexhibition of a film with a lower classification; or\n(b) a film classified X 18+.\n","sortOrder":60},{"sectionNumber":"85","sectionType":"section","heading":"Advertisements to contain determined markings and","content":"85 Advertisements to contain determined markings and\nconsumer advice\n(1) A person must not publish an advertisement for a classified film,\npublication or computer game unless the determined markings\nrelevant to the classification of the film, publication or game and\nrelevant consumer advice are:\n(a) contained in the advertisement; and\n(b) displayed in the manner determined by the National Director\nunder the Commonwealth Act; and\n(c) clearly visible, having regard to the size and nature of the\nadvertisement.\n(2) Subsection (3) applies if:\n(a) a film, publication or computer game is reclassified under\nsection 39 or 97A of the Commonwealth Act; or\n(b) a film, publication or computer game is reclassified by a\ndecision of the Review Board under Part 5 of the\nadvice for a film, publication or computer game under\nsection 22B(3) of the Commonwealth Act; or\n(d) the National Board revokes a classification for a film,\npublication or computer game under section 22CH(1) of the\nCommonwealth Act and classifies it under section 22CH(4) of\nthat Act.\n\nClassification of Publications, Films and Computer Games Act 1985 44\n(3) A person does not commit an offence against subsection (1) in\nrelation to the film, publication or computer game during the 30-day\nperiod after the decision to reclassify or revoke takes effect, if the\nfilm, publication or computer game displays the determined\nmarkings and consumer advice applying to the film, publication or\ncomputer game immediately before the reclassification or\nrevocation.\n","sortOrder":61},{"sectionNumber":"86","sectionType":"section","heading":"Misleading or deceptive advertisements","content":"86 Misleading or deceptive advertisements\n(1) A person must not publish an advertisement for an unclassified film,\npublication or computer game if the advertisement displays a\nmarking indicating or suggesting that the film, publication or\ncomputer game has been classified.\n(2) A person must not publish an advertisement for a classified film,\npublication or computer game if the advertisement displays a\nmarking indicating or suggesting that the film, publication or\ncomputer game is unclassified or has a different classification.\n","sortOrder":62},{"sectionNumber":"87","sectionType":"section","heading":"Advertisements for category 2 restricted publications","content":"87 Advertisements for category 2 restricted publications\n(1) A person must not publish an advertisement for a publication\nclassified Category 2 restricted if the advertisement is published:\n(a) in a publication that is not classified Category 2 restricted; or\n(b) in a place that is not a restricted publications area.\nsubsection (1) if the defendant proves that the advertisement was\npublished by way of printed or written material delivered to a person\nat the written request of the person.\n\nClassification of Publications, Films and Computer Games Act 1985 45\n(3) An occupier of a place that is not a restricted publications area\ncommits an offence if an advertisement for a publication classified\nCategory 2 restricted is published in the place.\n","sortOrder":63},{"sectionNumber":"88","sectionType":"section","heading":"Advertisements and X 18+ films","content":"88 Advertisements and X 18+ films\n(1) A person (the first person) commits an offence if:\n(a) an advertisement for a film classified R 18+ is published in a\npublication; and\n(b) another person responds to the advertisement; and\n(c) the first person sells a film classified X 18+ to the other\nperson.\n(b) knowledge that, or recklessness as to whether, the film sold is\n(2) A person must not publish an advertisement for a film classified\nX 18+ if the advertisement explicitly depicts or describes sexual\nacts or fetishes.\n(3) For subsection (2), if a person publishes an advertisement at the\nrequest of another person, the other person alone is taken to have\npublished it.\n(4) Subsection (2) does not apply if:\n(a) the advertisement is contained in a sealed package made of\nplain opaque material prominently displaying the words\n\"WARNING: SEXUALLY EXPLICIT ADVERTISING\", or words\nto that effect, on the outside of the package; and\n(b) the package is contained in another sealed package made of\nplain opaque material.\n\nClassification of Publications, Films and Computer Games Act 1985 46\n","sortOrder":64},{"sectionNumber":"89","sectionType":"section","heading":"Classification symbols and determined markings to be","content":"89 Classification symbols and determined markings to be\npublished with advertisements\nA person commits an offence if:\n(a) the person publishes a publication containing an\nadvertisement for:\n(i) a film; or\n(ii) a publication classified Category 1 restricted or Category\n2 restricted; or\n(iii) a computer game; and\n(b) the publication does not also contain a list of the classification\nsymbols and determined markings for films, publications or\ncomputer games respectively.\n","sortOrder":65},{"sectionNumber":"90","sectionType":"section","heading":"Calling in submittable publications for classification","content":"90 Calling in submittable publications for classification\n(a) the National Director has reasonable grounds to believe that a\npublication is a submittable publication; and\n(b) the publication is being published in the Territory, or the\nbe published in the Territory; and\n(c) the submittable publication is not subject to a conditional\ncultural exemption;\nof the publication, require the publisher to submit an application for\nclassification of the publication, or of subsequent issues of the\npublication, by the National Board.\nsubsection (1) to be published in the Commonwealth of Australia\nGazette.\n\nClassification of Publications, Films and Computer Games Act 1985 47\n(a) to publish the publication in the Territory; or\n(b) to cause, authorise, permit or license the publication to be\npublished in the Territory.\n","sortOrder":66},{"sectionNumber":"91","sectionType":"section","heading":"Calling in films for classification","content":"91 Calling in films for classification\n(a) the National Director has reasonable grounds to believe that\nan unclassified film is not an exempt film; and\n(b) the film is being published in the Territory, or the National\nDirector has reasonable grounds to believe that it will be\npublished in the Territory; and\n(c) the film is not subject to a conditional cultural exemption;\nof the film, require the publisher to submit an application for\nclassification of the film.\nsubsection (1) to be published in the Commonwealth of Australia\nGazette.\n(a) to publish the film in the Territory; or\n(b) to cause, authorise, permit or license the film to be published\nin the Territory.\n\nClassification of Publications, Films and Computer Games Act 1985 48\n","sortOrder":67},{"sectionNumber":"92","sectionType":"section","heading":"Calling in computer games for classification","content":"92 Calling in computer games for classification\n(a) the National Director has reasonable grounds to believe that a\ncomputer game is likely to contain contentious material; and\n(b) the computer game is being published in the Territory, or the\nbe published in the Territory;\nof the game, require the publisher to submit an application for\nclassification of the game.\n(1A) If:\n(a) the National Director has reasonable grounds to believe that\nan unclassified computer game is not an exempt computer\ngame; and\n(b) the computer game is being published in the Territory, or the\nbe published in the Territory; and\n(c) the computer game is not subject to a conditional cultural\nexemption;\nof the computer game, require the publisher to submit an\napplication for classification of the computer game.\nsubsection (1) or (1A) to be published in the Commonwealth of\nAustralia Gazette.\n(a) to publish the computer game in the Territory; or\n(b) to cause, authorise, permit or license the computer game to\nbe published in the Territory.\n\nClassification of Publications, Films and Computer Games Act 1985 49\n","sortOrder":68},{"sectionNumber":"93","sectionType":"section","heading":"Calling in advertisements","content":"93 Calling in advertisements\n(1) The National Director may, by notice in writing given to:\n(a) the publisher of a publication that:\n(i) the National Director has reasonable grounds to believe\nis a submittable publication; and\n(ii) is being published in the Territory, or the National\nDirector has reasonable grounds to believe will be\npublished in the Territory; or\n(b) the publisher of a film that is being published in the Territory,\nor that the National Director has reasonable grounds to\nbelieve will be published in the Territory; or\n(c) the publisher of a computer game that is being published in\nthe Territory, or that the National Director has reasonable\ngrounds to believe will be published in the Territory;\nrequire the publisher to submit to the National Board for approval a\ncopy of every advertisement used or intended to be used in\nconnection with the publishing.\nsubsection (2) to prove that the defendant did not intend:\n(a) to publish the publication, film or computer game in the\nTerritory; or\n(b) to cause, authorise, permit or license the publication, film or\ncomputer game to be published in the Territory.\n","sortOrder":69},{"sectionNumber":"94","sectionType":"section","heading":"Calling in publications, films, computer games for","content":"94 Calling in publications, films, computer games for\nreclassification\n(a) the National Board proposes to reclassify a publication, film or\ncomputer game under section 39 of the Commonwealth Act;\nand\n\nClassification of Publications, Films and Computer Games Act 1985 50\n(b) the publisher of the publication, film or computer game resides\nin the Territory or has an office in the Territory;\nthe National Director may, by notice in writing given to the\npublisher, require the publisher to submit a copy of the publication,\nfilm or computer game for the purpose of reclassifying it.\nsubsection (2) to prove that the defendant did not have a copy of\nthe publication, film or computer game.\n","sortOrder":70},{"sectionNumber":"95","sectionType":"section","heading":"Obtaining copies for review","content":"95 Obtaining copies for review\n(a) an application is made for a review of a classification decision\nunder the Commonwealth Act by a person who is not the\noriginal applicant for classification of the publication, film or\ncomputer game concerned; and\n(b) the National Board or the Review Board does not have a copy\nof the publication, film or computer game and a copy is not\navailable to it; and\n(c) the original applicant or the publisher of the publication, film or\ncomputer game resides in the Territory or has an office in the\nTerritory;\nConvenor may, by notice in writing given to the original applicant or\npublisher, require the original applicant or publisher to make a copy\nof the publication, film or computer game available for the purpose\nof the review.\nsubsection (2) to prove that the defendant did not have a copy of\nthe publication, film or computer game.\n\nClassification of Publications, Films and Computer Games Act 1985 51\n","sortOrder":71},{"sectionNumber":"101","sectionType":"section","heading":"Definition","content":"101 Definition\nsexual article means anything that is primarily concerned with, or\nis used or intended to be used in connection with, sexual behaviour,\nbut does not include a publication.\n","sortOrder":72},{"sectionNumber":"102","sectionType":"section","heading":"Display of sexual articles","content":"102 Display of sexual articles\n(1) A person who conducts or is employed in a business involved in the\nsale or distribution of sexual articles must not:\n(a) display a sexual article in a public place; or\n(b) permit a sexual article to be displayed in a public place; or\n(c) display a sexual article so that it can be seen from a public\nplace.\n(a) intentionally displaying the article or permitting the article to be\ndisplayed; and\n(b) for paragraph (c) – knowledge that, or recklessness as to\nwhether, the article can be seen from a public place.\nsubsection (1) that the display of the sexual article was only to a\nperson who requested that the article be displayed to the person or\nconsented to the display.\n(3) Subsection (1) does not apply to the display of a sexual article for\nthe sole purpose of carrying on a prescribed business.\n\nClassification of Publications, Films and Computer Games Act 1985 52\n","sortOrder":73},{"sectionNumber":"103","sectionType":"section","heading":"Advertising sexual articles","content":"103 Advertising sexual articles\n(1) A person who conducts or is employed in a business involved in the\nsale or distribution of sexual articles must not advertise in any way\nthe aspect of the business relating to sexual articles.\nFault element: Intentionally advertising the aspect of the\nbusiness relating to sexual articles.\nsubsection (1) that the aspect of the business relating to sexual\narticles was advertised only to a person who conducts or is\nemployed in another business involving the sale or distribution of\nsexual articles.\n(3) Subsection (1) does not apply to advertising for the sole purpose of\ncarrying on a prescribed business.\n","sortOrder":74},{"sectionNumber":"104","sectionType":"section","heading":"Restricted publications area – construction and management","content":"104 Restricted publications area – construction and management\n(1) A restricted publications area is an area constructed and\nmanaged in accordance with this section.\n(2) The area must be constructed so that no part of the interior of the\narea is visible to a person outside of the area.\n(3) Each entrance to the area must be:\n(a) fitted with a gate or door capable of excluding persons from\nthe area; and\n(b) closed by way of the gate or door when the area is not open to\nthe public.\n(4) A notice in the form in the Schedule, in legible letters not less than\n15 mm in height and of a colour that contrasts with the background\ncolour of the notice, must be displayed in a prominent place on or\nnear each entrance to the area, so that it is clearly visible from\noutside the area.\n(5) The area must be managed by an adult (the manager) who is in\nattendance in or near the area at all times when the area is open to\nthe public.\n\nClassification of Publications, Films and Computer Games Act 1985 53\n","sortOrder":75},{"sectionNumber":"105","sectionType":"section","heading":"Restricted publications area – offences","content":"105 Restricted publications area – offences\n(1) A person must not employ a child in a restricted publications area.\nFault element: Recklessness in relation to the\ncircumstance that the person employed is a\n(2) The manager of a restricted publications area must not allow a child\nto enter the area.\nFault element: Absolute liability offence.\nsubsection (2) if the defendant proves that:\nbefore the child was admitted to the area; and\n(4) The manager of a restricted publications area must not exhibit or\nallow the exhibition of a film classified R 18+ or X 18+ in the area\nexcept by way of a slot-machine operated by a coin or token.\n(a) intentionally exhibiting the film or knowledge that the film is\nexhibited (or recklessness as to that fact); and\nclassified R 18+ or X 18+.\n\nPart 13 Production or copying of films and computer games\nClassification of Publications, Films and Computer Games Act 1985 54\nPart 13 Production or copying of films and computer\ngames\n106 Definition\nproduce means provide creative, technical or theatrical services,\nincluding scripting, directing, filming and performing, whether or not\nfor a fee, reward or other consideration.\n","sortOrder":76},{"sectionNumber":"107","sectionType":"section","heading":"Production of films or computer games","content":"107 Production of films or computer games\n(1) A person must not produce a film if the film is:\n(a) intentionally producing the film; and\ncircumstance that the film would, if classified, be classified RC or\nX 18+.\non reasonable grounds, that the film:\n(a) was classified other than as RC or X 18+; or\n(b) was intended to be presented for classification and expected\nto be classified other than as RC or X 18+; or\n(c) was not intended to be published or made available for\n(4) A person must not produce a computer game if the game is:\n\n","sortOrder":77},{"sectionNumber":"Part 13","sectionType":"part","heading":"Production or copying of films and computer games","content":"Part 13 Production or copying of films and computer games\nClassification of Publications, Films and Computer Games Act 1985 55\n(a) intentionally producing the game; and\n(5) If the game is unclassified, absolute liability applies to the\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant proves that the defendant believed,\non reasonable grounds, that the game:\n(a) was classified other than as RC; or\n(b) was intended to be presented for classification and expected\nto be classified other than as RC; or\n(c) was not intended to be published or made available for\n","sortOrder":78},{"sectionNumber":"108","sectionType":"section","heading":"Copying of films or computer games","content":"108 Copying of films or computer games\n(1) A person must not copy, or cause to be copied, a film with the\nintention of publishing the film if the film is:\n(b) unclassified.\n(a) intention to publish the film; and\n(2) A person must not copy, or cause to be copied, a computer game\nwith the intention of publishing the game if the game is:\n\nClassification of Publications, Films and Computer Games Act 1985 56\n(b) unclassified.\n(a) intention to publish the game; and\n","sortOrder":79},{"sectionNumber":"109","sectionType":"section","heading":"Interpretation","content":"109 Interpretation\n(1) For this Part, a thing is connected with an offence if it is a thing:\n(a) in relation to which the offence has been committed; or\n(b) that will afford evidence of the commission of the offence; or\n(c) that was used, or is intended to be used, for the purpose of\ncommitting the offence.\n(2) A reference in this Part to an offence is to be read as including a\nreference to an offence that there are reasonable grounds for\nbelieving has been, or is about to be, committed.\n","sortOrder":80},{"sectionNumber":"110","sectionType":"section","heading":"Search and seizure","content":"110 Search and seizure\nA police officer may enter on land, or on or into premises, and may\nsearch for and seize a thing that the officer believes on reasonable\ngrounds to be connected with an offence against this Act that is\nfound on the land or on or in the premises if, and only if, the search\nand seizure is made by the police officer:\n(a) under a warrant issued under the Police Administration\nAct 1978; or\n(b) after obtaining the consent, voluntarily given, of the occupier\nor the person in charge of the land or premises.\n","sortOrder":81},{"sectionNumber":"111","sectionType":"section","heading":"Consent to search","content":"111 Consent to search\n(1) Before obtaining the consent of a person for section 110, a police\nofficer must inform the person that the person may refuse to give\nconsent.\n\nClassification of Publications, Films and Computer Games Act 1985 57\n(2) A police officer who obtains the consent of a person for section 110\nmust ask the person to sign an acknowledgment of:\n(a) the fact that the person has been informed that he or she may\nrefuse to give his or her consent; and\n(b) the fact that the person has voluntarily given his or her\nconsent; and\n(c) the date on which, and the time at which, the person gave his\nor her consent.\n(3) If it is material, in any proceedings, for a court to be satisfied of the\nvoluntary consent of a person for section 110 and an\nacknowledgment, in accordance with subsection (2), signed by the\nperson has not been produced in evidence, the court must assume,\nunless the contrary is proved, that the person did not voluntarily\ngive consent.\n","sortOrder":82},{"sectionNumber":"112","sectionType":"section","heading":"Forfeiture","content":"112 Forfeiture\n(1) If a person is charged with an offence against this Act and the Local\nCourt is satisfied that the person committed the offence, the Local\nCourt may order that the film, publication, computer game or sexual\narticle to which the offence relates is forfeited to the Territory.\n(2) If a film, publication, computer game or sexual article has been\nlawfully seized by a police officer but no person has been charged\nwith an offence in respect of it, a police officer must apply, within 60\ndays after the seizure, to the Local Court for the issue of a\nsummons under subsection (3).\n(3) On an application under subsection (2), the Local Court must issue\na summons requiring the occupier of the place from which or the\nperson from whom, the film, publication, computer game or sexual\narticle was seized, or both, to show cause why it should not be\nforfeited to the Territory.\n(4) If the Local Court issues a summons, it must cause notice of the\nproceeding to be given, if practicable, to each person whose name\nappears on the film, publication, computer game or sexual article as\nits author, publisher, printer, manufacturer or owner.\n(5) The Local Court may permit a person who claims to be the author,\npublisher, printer, manufacturer or owner of the film, publication,\ncomputer game or sexual article seized to appear in the\nproceeding, whether a notice has been given to the person or not.\n\nClassification of Publications, Films and Computer Games Act 1985 58\n(6) On the hearing of a summons:\n(a) if the Local Court is satisfied that:\n(i) an offence against this Act has been committed in\nrespect of the film, publication, computer game or sexual\narticle; and\n(ii) it is desirable that the film, publication, computer game\nor sexual article be forfeited to the Territory;\nit must so order the forfeiture; or\n(b) if the Local Court is not so satisfied, it must order that the film,\npublication, computer game or sexual article be delivered to\nthe person apparently entitled to possession immediately\nbefore its seizure.\n(7) Subject to subsection (8), a film, publication, computer game or\nsexual article forfeited under this section may be destroyed or\notherwise dealt with as directed by the Minister.\n(8) The Minister must not direct the destruction of a film, publication,\ncomputer game or sexual article before the expiration of the time\nallowed for instituting an appeal against the order or, if an appeal is\nlodged within that time, before the determination of the appeal.\n(9) The jurisdiction conferred on the Local Court under this section is\npart of the Court's criminal jurisdiction.\n","sortOrder":83},{"sectionNumber":"113","sectionType":"section","heading":"Authority to prosecute","content":"113 Authority to prosecute\nProceedings for an offence against this Act must not be instituted\nexcept with the written consent of the Attorney-General or the\nDirector of Public Prosecutions.\n","sortOrder":84},{"sectionNumber":"114","sectionType":"section","heading":"Liability of executive officers of bodies corporate","content":"114 Liability of executive officers of bodies corporate\n(1) If a body corporate commits an offence against this Act (the\nprincipal offence):\n(a) each executive officer of the body corporate commits an\noffence (the secondary offence); and\n(b) the officer is liable to the penalty applicable to an individual\nwho commits the principal offence.\n\nClassification of Publications, Films and Computer Games Act 1985 59\n(2) However, it is a defence for an executive officer to establish:\n(a) the officer did not know, and could not reasonably have been\nexpected to know, the principal offence was to be or was\nbeing committed; or\n(b) the officer exercised due diligence to prevent the commission\nof the principal offence.\n(3) The executive officer may be found guilty of the secondary offence\neven though the body corporate has not been charged with, or\nfound guilty of, the principal offence.\n(4) This section does not affect the liability of the body corporate for the\nprincipal offence.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":85},{"sectionNumber":"115","sectionType":"section","heading":"Evidence","content":"115 Evidence\nIn proceedings for an offence against this Act, a certificate signed\nor purported to be signed by the National Director, Deputy Director\nor Convenor and stating that:\n(a) a film, publication or computer game is classified as specified\nin the certificate; or\n(b) a classified film or a classified computer game specified in the\ncertificate is modified in a manner specified in the certificate;\nor\n(c) a film, publication or computer game is not classified, or is not\nclassified at a classification specified in the certificate; or\n(d) the film, publication or computer game to which the certificate\nrelates is the film, publication or computer game that has been\nso classified or not so classified, as the case may be; or\n(e) an advertisement described in the certificate is approved or\nhas been refused approval, or has not been approved;\nis evidence of, and in the absence of evidence to the contrary is\nproof of, the facts stated in it.\n\nClassification of Publications, Films and Computer Games Act 1985 60\n","sortOrder":86},{"sectionNumber":"116","sectionType":"section","heading":"Statement of prosecution","content":"116 Statement of prosecution\nIn a proceeding for an offence against this Act, a statement of the\nprosecution contained in an information or complaint about any of\nthe matters listed in section 115 is evidence of the matter stated.\n","sortOrder":87},{"sectionNumber":"117","sectionType":"section","heading":"Commencement of prosecution for offence","content":"117 Commencement of prosecution for offence\nA prosecution for an offence against this Act may be commenced\nwithin 2 years after the date on which the offence is alleged to have\nbeen committed.\n","sortOrder":88},{"sectionNumber":"118","sectionType":"section","heading":"Publication to prescribed person or body","content":"118 Publication to prescribed person or body\nDespite anything to the contrary in this Act, a person may publish to\na prescribed person or a prescribed body, or to a person or body of\na prescribed class or description of persons or bodies:\n(a) a film or computer game classified RC, X 18+, R 18+ or\nMA 15+; or\n(b) a publication classified Category 1 restricted, Category 2\nrestricted or RC; or\n(c) a submittable publication.\n","sortOrder":89},{"sectionNumber":"119","sectionType":"section","heading":"Service of notices","content":"119 Service of notices\nA notice that is required by this Act to be given to a person may be\ngiven by:\n(a) delivering it to the person personally; or\n(b) sending it to the person by post addressed to the person at his\nor her last known place of residence or business; or\n(c) leaving it at the person's last known place of residence or\nbusiness with a person who apparently has attained the age of\n16 years and is apparently resident or employed at that place.\n","sortOrder":90},{"sectionNumber":"120","sectionType":"section","heading":"Regulations","content":"120 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\n","sortOrder":91},{"sectionNumber":"Part 16","sectionType":"part","heading":"Repeals and transitional matters for Classification of Publications Act 1985","content":"Part 16 Repeals and transitional matters for Classification of Publications Act 1985\nClassification of Publications, Films and Computer Games Act 1985 61\n(2) The Regulations may:\n(a) prescribe a fine for an offence against the Regulations not\nexceeding:\n(i) if the offender is an individual person – 20 penalty units;\nor\n(ii) if the offender is a body corporate – 100 penalty units; or\n(b) provide for:\n(i) the payment of a prescribed amount instead of a penalty\nthat may otherwise be imposed for an offence against\nthis Act or the Regulations; and\n(ii) the service of a notice relating to payment of the amount\non a person alleged to have committed the offence; and\n(iii) the particulars to be included in the notice; or\n(c) prescribe requirements for the construction, conduct and\nmanagement of restricted publications areas.\nPart 16 Repeals and transitional matters for\nClassification of Publications Act 1985\n","sortOrder":92},{"sectionNumber":"121","sectionType":"section","heading":"Repeal","content":"121 Repeal\nThe Classification of Publications Act 1979 (being Act No. 135\nof 1979) and the Classification of Publications Amendment\nAct 1982 (being Act No. 28 of 1982) are repealed.\n","sortOrder":93},{"sectionNumber":"122","sectionType":"section","heading":"Transitional","content":"122 Transitional\n(1) The Acts repealed by section 67 continue to apply to and in relation\nto all publications which, immediately before the commencement of\nthis Act, had a classification under those Acts as then in force, as if\nthis Act had never commenced.\n(2) For section 17, the words this Act as used in that section include:\n(a) the Acts repealed by section 67; and\n(b) those Acts in their continued application because of\nsubsection (1).\n\n","sortOrder":94},{"sectionNumber":"Part 17","sectionType":"part","heading":"Transitional matters for Classification of Publications, Films and Computer","content":"Part 17 Transitional matters for Classification of Publications, Films and Computer\nGames Amendment Act 2005\nClassification of Publications, Films and Computer Games Act 1985 62\nPart 17 Transitional matters for Classification of\nAmendment Act 2005\n","sortOrder":95},{"sectionNumber":"123","sectionType":"section","heading":"Definitions","content":"123 Definitions\namending Commonwealth Act means the Classification\n(Publications, Films and Computer Games) Amendment\nAct 2004 (Cth).\ncommencement date means the date on which this Part\nequivalent classification means:\n(a) for a film classified under the former scheme with a\nclassification specified in column 1 of an item in the Table –\nthe classification specified in column 3 of that item; or\n(b) for a computer game classified under the former scheme with\na classification specified in column 2 of an item in the Table –\nthe classification specified in column 3 of that item.\nformer scheme means the scheme for the classification of\npublications, films and computer games under the Commonwealth\nAct as in force immediately before the commencement of\n","sortOrder":96},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to the amending Commonwealth Act.","content":"Schedule 1 to the amending Commonwealth Act.\nnew scheme means the scheme for the classification of\npublications, films and computer games under the Commonwealth\nAct as in force on and after the commencement of Schedule 1 to\nthe amending Commonwealth Act.\nTABLE\nItem Column 1\nFilm\nColumn 2\nComputer game\nColumn 3\nFilm and computer game\nclassifications –\nnew scheme (see note)\n1 G G G\n2 PG G (8+) PG\n3 M M (15+) M\n4 MA MA (15+) MA 15+\n\nPart 18 Transitional matters for Classification of Publications, Films and Computer\nGames Amendment Act 2008\nClassification of Publications, Films and Computer Games Act 1985 63\nItem Column 1\nFilm\nColumn 2\nComputer game\nColumn 3\nFilm and computer game\nclassifications –\nnew scheme (see note)\n5 R R 18+\n6 X X 18+\n7 RC RC RC\nNote for table\nThe classifications R 18+ and X 18+ apply only to films.\n","sortOrder":97},{"sectionNumber":"124","sectionType":"section","heading":"Classifications made before commencement date","content":"124 Classifications made before commencement date\n(1) On and after the commencement date, a film or computer game\nclassified under the former scheme is taken to have the equivalent\nclassification under the new scheme.\n(2) On and after the commencement date, a marking on an\nadvertisement for the film or computer game, or on the container,\nwrapping or casing in which it is sold, showing the classification\nunder the former scheme is taken to show the equivalent\nclassification under the new scheme.\n","sortOrder":98},{"sectionNumber":"125","sectionType":"section","heading":"Offences committed before commencement date","content":"125 Offences committed before commencement date\n(1) Proceedings for an offence against this Act that was committed or\nis alleged to have been committed before the commencement date\nmust be dealt with as if this Act and the Commonwealth Act, as in\nforce immediately before the commencement date, had continued\nin force.\n(2) Subsection (1) has effect whether the proceedings commence\nbefore or after the commencement date.\n","sortOrder":99},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional matters for Classification of","content":"Part 18 Transitional matters for Classification of\nAmendment Act 2008\n","sortOrder":100},{"sectionNumber":"126","sectionType":"section","heading":"Definitions","content":"126 Definitions\namending Act means the Classification of Publications, Films and\nComputer Games Amendment Act 2008.\n\n","sortOrder":101},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional matters for Classification of Publications, Films and Computer","content":"Part 19 Transitional matters for Classification of Publications, Films and Computer\nGames Amendment Act 2016\nClassification of Publications, Films and Computer Games Act 1985 64\ncommencement date means the date on which this Part\nnew Part 10 means Part 10 of this Act, as in force on the\ncommencement date.\nold Part 10 means Part 10 of this Act, as in force immediately\nbefore the commencement date.\n","sortOrder":102},{"sectionNumber":"127","sectionType":"section","heading":"Applications, directions and approvals made","content":"127 Applications, directions and approvals made\n(1) A direction or approval given under old Part 10 and in force\nimmediately before the commencement date has effect as if it had\nbeen given under new Part 10.\n(2) An application for an approval made under old Part 10 and pending\nimmediately before the commencement date is taken to have been\nmade under new Part 10.\n","sortOrder":103},{"sectionNumber":"128","sectionType":"section","heading":"Transitional regulations","content":"128 Transitional regulations\nThe Regulations may make provision for transitional matters arising\nout of the enactment of the amending Act and for which this Act\ndoes not make sufficient provision.\nPart 19 Transitional matters for Classification of\nAmendment Act 2016\n","sortOrder":104},{"sectionNumber":"129","sectionType":"section","heading":"Definitions","content":"129 Definitions\ncommencement means the date on which the Classification of\nPublications, Films and Computer Games Amendment Act 2016\n","sortOrder":105},{"sectionNumber":"Part 10","sectionType":"part","heading":"means Part 10 of this Act, as in force immediately before","content":"Part 10 means Part 10 of this Act, as in force immediately before\nthe commencement.\n","sortOrder":106},{"sectionNumber":"130","sectionType":"section","heading":"Exemptions made before commencement","content":"130 Exemptions made before commencement\nIf an exemption was in force under Part 10 immediately before the\ncommencement:\n(a) the exemption remains in force after the commencement; and\n(b) Part 10 continues to apply in relation to the exemption.\n\nPart 19 Transitional matters for Classification of Publications, Films and Computer\nGames Amendment Act 2016\nClassification of Publications, Films and Computer Games Act 1985 65\n","sortOrder":107},{"sectionNumber":"131","sectionType":"section","heading":"Applications not decided before commencement","content":"131 Applications not decided before commencement\nIf an application made under Part 10 has not been decided before\nthe commencement, the application is taken never to have been\nmade.\n\nClassification of Publications, Films and Computer Games Act 1985 66\nsection 55(4)\nRESTRICTED PUBLICATIONS AREA\nPERSONS UNDER 18 YEARS OF AGE MAY NOT ENTER\nTHE PUBLIC IS WARNED THAT SOME MATERIAL DISPLAYED IN THIS\nAREA MAY CAUSE OFFENCE\n\nClassification of Publications, Films and Computer Games Act 1985 67\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nClassification of Publications Act 1985 (Act No. 7, 1985)\nAssent date 1 April 1985\nCommenced ss 5, 6, 25 and 26: 1 May 1986 (Gaz G17, 1 May 1985, p 7);\nrem: 1 June 1986 (Gaz S26, 28 May 1986)\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\nClassification of Publications Amendment Act 1991 (Act No. 63, 1991)\nAssent date 14 November 1991\nCommenced 12 August 1992 (Gaz G32, 12 August 1992, p 3)\nAmending Legislation\nStatute Law Revision Act 1992 (Act No. 46, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992 (s 2(2))\nClassification of Publications and Films Amendment Act 1992 (Act No. 82, 1992)\nAssent date 18 December 1992\nCommenced 1 January 1993 (Gaz S66, 24 December 1992, p 3)\nClassification of Publications and Films Amendment Act 1993 (Act No. 10, 1993)\nAssent date 15 April 1993\nCommenced 1 May 1993 (Gaz S42, 30 April 1993)\n\nClassification of Publications, Films and Computer Games Act 1985 68\nClassification of Publications and Films Amendment Act 1994 (Act No. 18, 1994)\nAssent date 18 April 1994\nCommenced 1 June 1994 (Gaz S35, 20 May 1994)\nAmending Legislation\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nClassification of Publications and Films Amendment Act 1995 (Act No. 53, 1995)\nAssent date 28 December 1995\nCommenced 1 January 1996 (s 3, s 2 Classification (Publications, Films\nand Computer Games) Act 1995 (Cth Act No. 7, 1995) and\nCth Gaz GN50, 1 January 1996)\nStatute Law Revision Act 1998 (Act No. 11, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nClassification of Publications, Films and Computer Games Amendment Act 2002 (Act\nNo. 1, 2002)\nAssent date 28 March 2002\nCommenced 22 March 2002 (s 2)\nClassification of Publications, Films and Computer Games Amendment Act 2005 (Act\nNo. 21, 2005)\nAssent date 6 May 2005\nCommenced 26 May 2005 (s 2 and s 2 Classification (Publications, Films\nand Computer Games) Act 2004 (Cth Act No. 61, 2004))\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007 (s 2)\nClassification of Publications, Films and Computer Games Amendment Act 2008 (Act\nNo. 25, 2008)\nAssent date 17 October 2008\nCommenced 1 July 2009 (Gaz G25, 24 June 2009, p 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nClassification of Publications, Films and Computer Games Amendment Act 2012 (Act\nNo. 29, 2012)\nAssent date 11 December 2012\nCommenced 1 January 2013 (s 2)\n\nClassification of Publications, Films and Computer Games Act 1985 69\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nClassification of Publications, Films and Computer Games Amendment Act 2017 (Act\nNo. 1, 2017)\nAssent date 10 March 2017\nCommenced 10 March 2017\nJustice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)\nAssent date 14 April 2022\nCommenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 38 Classification of Publications Amendment Act 1995 (Act No. 63, 1991)\ns 27 Classification of Publications and Films Amendment Act 1995 (Act\nNo. 53, 1995)\ns 18 Classification of Publications, Films and Computer Games Amendment\nAct 2002 (Act No. 1, 2002)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 110.\n","sortOrder":108},{"sectionNumber":"5","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"5 LIST OF AMENDMENTS\nlt amd No. 63, 1991, s 4\npt 1 hdg amd No. 25, 2008, s 27; No. 30, 2011, s 3\ns 1 amd No. 63, 1991, s 5; No. 53, 1995, s 5\ns 3 amd No. 63, 1991, s 6; No. 18, 1994, s 4\nsub No. 53, 1995, s 6\namd No. 1, 2002, s 4; No. 25, 2008, s 4; No. 30, 2011, s 3; No. 8, 2016, s 45;\nNo. 1, 2017, s 3; No. 6, 2022, s 13\ns 3A ins No. 53, 1995, s 7\ns 3B ins No. 25, 2008, s 5\ns 4 amd No. 63, 1991, s 7\nsub No. 53, 1995, s 7; No. 1, 2002, s 5\namd No. 30, 2011, s 3; No. 1, 2017, s 4\ns 4AA ins No. 25, 2008, s 6\npt 2 hdg amd No. 25, 2008, s 27\ns 4A ins No. 63, 1991, s 8\ns 5 amd No. 63, 1991, s 9\nrep No. 53, 1995, s 8\ns 6 rep No. 53, 1995, s 8\ns 7 rep No. 6, 2022, s 14\n\nClassification of Publications, Films and Computer Games Act 1985 70\ns 8 amd No. 53, 1995, s 9; No. 7, 2007, s 16; No. 29, 2010, s 7; No. 30, 2011, s 3\nss 9 – 14 amd No. 30, 2011, s 3\ns 15 amd No. 29, 2010, s 7; No. 30, 2011, s 3\ns 16 sub No. 53, 1995, s 10\namd No. 11, 1998, s 10; No. 29, 2010, s 7; No. 30, 2011, s 3\ns 17 amd No. 63, 1991, s 10; No. 30, 2011, s 3\npt 3 hdg sub No. 53, 1995, s 11\npt 3\ndiv 1 hdg rep No. 53, 1995, s 11\ns 18 amd No. 63, 1991, s 11\ns 19 amd No. 63, 1991, s 12\ns 20 amd No. 63, 1991, s 13\ns 21 amd No. 60, 1989, s 6\nsub No. 63, 1991, s 14\ns 22 amd No. 63, 1991, s 15\nss 23 – 24 rep No. 53, 1995, s 11\nss 24A – 24B ins No. 18, 1994, s 5\nss 24C – 24D ins No. 18, 1994, s 5\namd No. 50, 1994, s 2\ns 24E ins No. 18, 1994, s 5\npt 3\ndiv 2 hdg rep No. 53, 1995, s 11\ns 25 amd No. 63, 1991, s 16; No. 18, 1994, s 6; No. 50, 1994, s 2; No. 53, 1995,\ns 12; No. 30, 2011, s 3\ns 26 amd No. 63, 1991, s 17; No. 18, 1994, s 15\ns 27 amd No. 63, 1991, s 18\ns 28 sub No. 18, 1994, s 7\ns 29 amd No. 63, 1991, s 19; No. 10, 1993, ss 4 and 12\ns 30 amd No. 63, 1991, s 20; No. 18, 1994, s 15\ns 30A ins No. 63, 1991, s 21\ns 31 sub No. 63, 1991, s 22\ns 32 sub No. 63, 1991, s 22\ns 33 sub No. 63, 1991, s 22\ns 34 rep No. 63, 1991, s 22\n\nClassification of Publications, Films and Computer Games Act 1985 71\npt 3\ndiv 2A hdg ins No. 63, 1991, s 23\ns 34A ins No. 63, 1991, s 23\ns 34B ins No. 63, 1991, s 23\nss 34C – 34D ins No. 63, 1991, s 23\npt 3\ndiv 3 hdg rep No. 53, 1995, s 14\npt 4 hdg sub No. 53, 1995, s 14; No. 25, 2008, s 7\npt 4\ndiv 1 hdg amd No. 18, 1994, s 10\nsub No. 53, 1995, s 14; No. 25, 2008, s 7\ns 35 amd No. 63, 1991, s 24; No. 18, 1994, s 8; No. 50, 1994, s 2\namd No. 21, 2005, s 4\namd No. 1, 2017, s 5\ns 35A ins No. 18, 1994, s 9\ns 36 amd No. 63, 1991, s 25; No. 10, 1993, ss 5 and 12\namd No. 21, 2005, s 5\ns 37 amd No. 63, 1991, s 26\namd No. 21, 2005, s 6\ns 38 amd No. 18, 1994, s 11\namd No. 21, 2005, s 7\npt 4\ndiv 1A hdg ins No. 63, 1991, s 27\ns 38A ins No. 63, 1991, s 27\namd No. 10, 1993, s 6\ns 38B ins No. 63, 1991, s 27\namd No. 82, 1992, s 4; No. 10, 1993, s 7\ns 38C ins No. 63, 1991, s 27\ns 38D ins No. 63, 1991, s 27\namd No. 10, 1993, s 8\ns 38DA ins No. 10, 1993, s 9\ns 38E ins No. 63, 1991, s 27\ns 38F ins No. 63, 1991, s 27\n\nClassification of Publications, Films and Computer Games Act 1985 72\ns 38FA ins No. 10, 1993, s 10\ns 38G ins No. 63, 1991, s 27\ns 39 sub No. 53, 1995, s 14\namd No. 21, 2005, s 8\ns 40 sub No. 53, 1995, s 14\namd No. 21, 2005, s 9\ns 41 sub No. 53, 1995, s 14\namd No. 21, 2005, s 10\ns 42 sub No. 53, 1995, s 14\namd No. 21, 2005, s 11\ns 43 sub No. 53, 1995, s 14\namd No. 21, 2005, s 12\ns 44 sub No. 53, 1995, s 14\namd No. 21, 2005, s 13\npt 4\ndiv 2 hdg sub No. 53, 1995, s 14; No. 25, 2008, s 7\ns 45 sub No. 53, 1995, s 14\namd No. 21, 2005, s 14\namd No. 1, 2017, s 6\ns 46 sub No. 53, 1995, s 14\namd No. 21, 2005, s 15\ns 47 amd No. 18, 1994, s 15\namd No. 1, 2002, s 6; No. 21, 2005, s 16\namd No. 1, 2017, s 7\ns 47A ins No. 63, 1991, s 28\ns 48 amd No. 18, 1994, s 15\namd No. 21, 2005, s 17\ns 49 amd No. 63, 1991, s 29; No. 10, 1993, ss 11 and 12; No. 18, 1994, s 15\namd No. 21, 2005, s 18\ns 49A ins No. 18, 1994, s 12\ns 50 sub No. 53, 1995, s 14\namd No. 21, 2005, s 19\ns 50A ins No. 63, 1991, s 30\namd No. 21, 2005, s 20\n\nClassification of Publications, Films and Computer Games Act 1985 73\ns 50B ins No. 53, 1995, s 14\namd No. 21, 2005, s 21\ns 50C ins No. 53, 1995, s 14\namd No. 21, 2005, s 22\ns 50D ins No. 53, 1995, s 14\namd No. 21, 2005, s 23\ns 50E ins No. 53, 1995, s 14\namd No. 1, 2002, s 7; No. 21, 2005, s 24\ns 50F ins No. 53, 1995, s 14\namd No. 1, 2002, s 8; No. 21, 2005, s 25\ns 50FA ins No. 1, 2002, s 9\namd No. 21, 2005, s 26\ns 50FB ins No. 1, 2002, s 9\namd No. 21, 2005, s 27\ns 50G ins No. 53, 1995, s 14\namd No. 1, 2002, s 10; No. 21, 2005, s 28\ns 50H ins No. 53, 1995, s 14\namd No. 21, 2005, s 29\ns 50I ins No. 53, 1995, s 14\namd No. 21, 2005, s 30\ns 50J ins No. 53, 1995, s 14\namd No. 21, 2005, s 31\ns 50K ins No. 53, 1995, s 14\namd No. 21, 2005, s 32\ns 50L ins No. 53, 1995, s 14\namd No. 21, 2005, s 33\ns 50M ins No. 53, 1995, s 14\namd No. 21, 2005, s 34\ns 50N ins No. 53, 1995, s 14\namd No. 21, 2005, s 35\ns 50P ins No. 53, 1995, s 14\namd No. 21, 2005, s 36\ns 50Q ins No. 53, 1995, s 14\namd No. 21, 2005, s 37\ns 50R ins No. 53, 1995, s 14\namd No. 1, 2002, s 11; No. 21, 2005, s 38\ns 50S ins No. 53, 1995, s 14\namd No. 21, 2005, s 39\n\nClassification of Publications, Films and Computer Games Act 1985 74\ns 50T ins No. 53, 1995, s 14\namd No. 21, 2005, s 40\ns 50U ins No. 53, 1995, s 14\namd No. 21, 2005, s 41\ns 50V ins No. 53, 1995, s 14\namd No. 21, 2005, s 42\ns 50W ins No. 53, 1995, s 14\namd No. 21, 2005, s 43\ns 50ZB ins No. 53, 1995, s 14\namd No. 1, 2002, s 12; No. 21, 2005, s 46\ns 50ZC ins No. 53, 1995, s 14\namd No. 21, 2005, s 47\ns 50ZD ins No. 53, 1995, s 14\namd No. 21, 2005, s 48\ns 50ZE ins No. 53, 1995, s 14\namd No. 21, 2005, s 49\ns 50ZF ins No. 53, 1995, s 14\namd No. 21, 2005, s 50\ns 50ZG ins No. 53, 1995, s 14\namd No. 21, 2005, s 51\ns 50ZH ins No. 53, 1995, s 14\namd No. 1, 2002, s 13; No. 21, 2005, s 52\ns 50ZI ins No. 53, 1995, s 14\namd No. 1, 2002, s 14; No. 21, 2005, s 53\ns 50ZJ ins No. 53, 1995, s 14\namd No. 21, 2005, s 54\ns 50ZK ins No. 53, 1995, s 14\namd No. 21, 2005, s 55\ns 50ZL ins No. 53, 1995, s 14\namd No. 21, 2005, s 56\npt 4\ndiv 3 hdg ins No. 53, 1995, s 14\nss 51 – 53 ins No. 25, 2008, s 7\npt 5 hdg ins No. 53, 1995, s 14\ns 54 ins No. 25, 2008, s 7\ns 55 amd No. 1, 2017, s 8\ns 56 amd No. 1, 2017, s 9\nss 57 – 58 ins No. 25, 2008, s 7\ns 59 ins No. 25, 2008, s 7\namd No. 1, 2017, s 10\ns 60 ins No. 25, 2008, s 7\n\nClassification of Publications, Films and Computer Games Act 1985 75\ns 60A ins No. 63, 1991, s 32\namd No. 82, 1992, s 6\nss 60B – 60G ins No. 63, 1991, s 32\ns 61 amd No. 63, 1991, s 33\nrep No. 53, 1995, s 23\nins No. 25, 2008, s 7\ns 61A ins No. 63, 1991, s 35\nrep No. 53, 1995, s 23\ns 62 ins No. 25, 2008, s 7\npt 6 hdg ins No. 53, 1995, s 14\ns 63 ins No. 25, 2008, s 7\namd No. 1, 2017, s 11\ns 64 ins No. 25, 2008, s 7\ns 65 ins No. 25, 2008, s 7\namd No. 29, 2012, s 4\ns 65A ins No. 29, 2012, s 5\ns 66 ins No. 25, 2008, s 7\ns 67 ins No. 25, 2008, s 7\namd No. 29, 2010, s 7; No. 29, 2012, s 6\ns 68 ins No. 25, 2008, s 7\namd No. 29, 2012, s 7\ns 69 ins No. 25, 2008, s 7\namd No. 1, 2017, s 12\ns 70 ins No. 25, 2008, s 7\ns 71 ins No. 25, 2008, s 7\namd No. 29, 2012, s 8\ns 72 ins No. 25, 2008, s 7\ns 73 ins No. 25, 2008, s 7\namd No. 29, 2012, s 9\ns 74 ins No. 25, 2008, s 7\npt 7 hdg ins No. 53, 1995, s 14\namd No. 25, 2008, s 17\ns 75 ins No. 53, 1995, s 14\nrenum and amd No. 25, 2008, s 8\ns 76 ins No. 53, 1995, s 14\nrenum No. 25, 2008, s 9\ns 77 ins No. 53, 1995, s 14\namd No. 21, 2005, s 44\nsub No. 25, 2008, s 10\ns 78 ins No. 53, 1995, s 14\namd No. 21, 2005, s 45\nsub No. 25, 2008, s 10\npt 8 hdg ins No. 53, 1995, s 14\nsub No. 25, 2008, s 11\nss 79 – 84 ins No. 25, 2008, s 11\ns 85 ins No. 25, 2008, s 11\namd No. 1, 2017, s 13\nss 86 – 89 ins No. 25, 2008, s 11\npt 9 hdg ins No. 53, 1995, s 14\n\nClassification of Publications, Films and Computer Games Act 1985 76\ns 90 ins No. 53, 1995, s 14\namd No. 21, 2005, s 57\nrenum and amd No. 25, 2008, s 12\namd No. 30, 2011, s 3; No. 1, 2017, s 14\ns 91 ins No. 1, 2002, s 15\namd No. 21, 2005, s 58\nrenum and amd No. 25, 2008, s 13\namd No. 30, 2011, s 3; No. 1, 2017, s 15\ns 92 ins No. 53, 1995, s 14\namd No. 1, 2002, s 16; No. 21, 2005, s 59\nrenum and amd No. 25, 2008, s 14\namd No. 30, 2011, s 3; No. 1, 2017, s 16\ns 93 ins No. 53, 1995, s 14\namd No. 21, 2005, s 60\nrenum and amd No. 25, 2008, s 15\ns 94 ins No. 1, 2002, s 17\namd No. 21, 2005, s 61\nrenum and amd No. 25, 2008, s 16\ns 95 ins No. 1, 2002, s 17\namd No. 21, 2005, s 62\nrenum and amd No. 25, 2008, s 17\npt 10 hdg ins No. 25, 2008, s 18\nrep No. 1, 2017, s 17\nss 96 – 100 ins No. 25, 2008, s 18\nrep No. 1, 2017, s 17\npt 11 hdg ins No. 25, 2008, s 18\nss 101 – 103 ins No. 25, 2008, s 18\npt 12 hdg ins No. 25, 2008, s 18\nss 104 – 105 ins No. 25, 2008, s 18\npt 13 hdg ins No. 25, 2008, s 18\nss 106 – 108 ins No. 25, 2008, s 18\npt 14 hdg amd No. 53, 1995, s 19; No. 25, 2008, s 27\ns 109 renum No. 25, 2008, s 19\ns 110 renum No. 25, 2008, s 19\ns 111 renum and amd No. 25, 2008, s 20\namd No. 29, 2010, s 7; No. 30, 2011, s 3; No. 8, 2016, s 45\ns 112 amd No. 63, 1991, s 31\nsub No. 53, 1995, s 20\nrenum No. 25, 2008, s 21\namd No. 30, 2011, s 3; No. 8, 2016, s 45\npt 15 hdg ins No. 63, 1991, s 32\namd No. 53, 1995, s 21; No. 25, 2008, s 27; No. 30, 2011, s 3\npt 15\ndiv 1 hdg ins No. 63, 1991, s 32\npt 15\ndiv 2 hdg ins No. 63, 1991, s 34\nsub No. 50, 1994, s 2\ns 113 amd No. 29, 1990, s 7\nrenum No. 25, 2008, s 21\ns 114 rep and renum No. 25, 2008, s 22\n\nClassification of Publications, Films and Computer Games Act 1985 77\ns 115 sub No. 63, 1991, s 36; No. 53, 1995, s 24\nrenum and amd No. 25, 2008, s 23\ns 116 ins No. 25, 2008, s 24\ns 117 ins No. 53, 1995, s 24\ns 118 ins No. 53, 1995, s 24\namd No. 21, 2005, s 71\namd No. 29, 2010, s 7\ns 119 renum No. 25, 2008, s 25\ns 120 amd No. 63, 1991, s 37; No. 21, 2005, s 72\npt 16 hdg amd No. 53, 1995, s 25\nsub No. 21, 2005, s 73\ns 121 renum No. 25, 2008, s 25\ns 122 renum No. 25, 2008, s 25\npt 17 hdg ins No. 21, 2005, s 74\nss 123 –\n125 ins No. 21, 2005, s 74\npt 18 hdg ins No. 25, 2008, s 26\nss 126 – 128 ins No. 25, 2008, s 26\npt 19 hdg ins No. 1, 2017, s 18\nss 129 – 131 ins No. 1, 2017, s 18\nsch ins No. 53, 1995, s 26","sortOrder":109}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has broadened since earlier classification laws: it now expressly covers computer games (Part 6, s63 et seq.), computer services and online transmission of restricted or objectionable material (Part 7, ss75–78), detailed advertising controls (Part 8, ss79–89) and National Director call‑in powers (Part 9, ss90–95). It also creates duties on exhibitors, sellers and platform operators to display markings and take age‑verification steps (e.g. ss36,46,47,69) and imposes packaging and restricted‑area rules (ss49–56,104–105). Who pays: publishers, exhibitors, retailers, venue managers, platform operators and executive officers bear fines, imprisonment risk and forfeiture exposure (see ss35,45,50,71,112,114). Who decides: the Minister (delegations/arrangements, s25), the National Director and National Board (classification and call‑in, ss90–95, s3 definitions) determine item classification and approval conditions. Behavioural effects: reduced ability to exhibit/sell/advertise unclassified or higher‑rated items without compliance (see ss35,45,80–83,77), stricter packaging/display/age‑check practices, and additional administrative burdens from reclassification and transitional rules (see ss47(4),56(5), Parts 16–19)."},"complexity_factors":["Extensive cross‑references to the Commonwealth Act and Commonwealth bodies (definitions and operation depend on the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) (see s3, definitions referencing the Commonwealth Act).","Many offence types with differing fault elements: intentional, knowledge, recklessness, strict liability and absolute liability (examples: exhibition offences s35–39; display obligations s36, s46; absolute liability examples in ss38(2), 40(2), 42(2)).","Multiple overlapping subject tracks (films, publications, computer games, computer services, advertising, sexual articles) each with tailored rules and penalties (Parts 4–8, 11, 13, 7).","Layered administrative powers and discretions: Ministerial delegations and arrangements with Commonwealth (s4A, s25), National Director call‑in and National Board/Review Board roles (ss90–95), and Ministerial approval/revocation of codes (s76).","Complex compliance mechanics: required display of determined markings and consumer advice (ss47, 69, 85), packaging/opaque package rules for restricted material (ss55–56, 49(3)), and restricted publications area construction/management rules (ss104–105).","Differing penalty scales and remedies (penalty units, imprisonment, forfeiture) with evidentiary certificates and presumptions (see ss35,45,112,115) increasing litigation and enforcement complexity.","Numerous defences, exceptions and transitional provisions that alter application in specific circumstances (parent/guardian defences ss50(3) & (4); classification transitions ss47(4), 56(5), Parts 16–19).","Search, seizure and procedural constraints: police powers tied to warrants or consent, consent documentation and forfeiture procedures (ss110–112).","Corporate liability and executive officer secondary offences with due diligence defences (s114) adding compliance obligations for businesses."],"plain_english_summary":"This Act implements a criminal and regulatory scheme governing the classification, exhibition, sale, advertising, production and distribution of publications, films and computer games in the Northern Territory, operating with the Commonwealth classification framework. It prescribes who must display classification markings and consumer advice, who may be refused or called in for classification, and sets penalties (fines, imprisonment, forfeiture) for non‑compliance. It matters because publishers, exhibitors, retailers, platform operators and venue managers must change practices (age checks, packaging, notices, advertising) to avoid legal and operational sanctions."},"issue_detection":{"absurdities":[{"type":"other","section":"122(1) and 67","severity":"medium","reasoning":"Section 122(1) says that Acts repealed by section 67 continue to apply to certain publications. Section 67 instead prohibits specified demonstrations of computer games. The supplied repeal provision is section 121, so section 67 cannot identify the Acts described in section 122(1).","confidence":0.98,"description":"Section 122(1) refers to Acts repealed by section 67, but the supplied section 67 repeals no Acts.","source_quotes":["The Acts repealed by section 67 continue to apply to and in relation","A person must not demonstrate a computer game so that it can be\nseen from a public place if the game is:","The Classification of Publications Act 1979 (being Act No. 135\nof 1979) and the Classification of Publications Amendment\nAct 1982 (being Act No. 28 of 1982) are repealed."]}],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1703},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original scope. As indicated by Part 16 (Repeals and transitional matters for Classification of Publications Act 1985), the original Act only dealt with publications (print media). Over time it has grown to encompass films (Part 4), computer games (Part 6), computer services/internet content (Part 7), advertising controls (Part 8), sexual articles/sex toys (Part 11), and special zoning for adult shops (Part 12). The title itself was amended to reflect this expansion from just 'Publications' to 'Publications, Films and Computer Games'."},"complexity_factors":["Heavy reliance on definitions and cross-references to the Commonwealth Classification Act 1995 (mirror legislation approach requiring reference to federal law)","37+ defined terms in the interpretation section (section 3) including complex concepts like 'conditional cultural exemption' and 'submittable publication'","Multiple tiers of fault elements across offences: strict liability, absolute liability, intention, knowledge, and recklessness creating a complex mens rea framework","Nested conditional logic with multiple exceptions to offences (e.g., section 50 contains 9 subsections with varying exceptions for parental consent, age verification, and employment)","Five separate transitional parts (Parts 16-19) dealing with historical amendments from 1985, 2005, 2008 and 2016, including complex classification conversion tables","Tiered penalty structures varying by classification type (RC vs X18+ vs R18+ vs MA15+) and by offender (individual vs corporate)","Complex defences requiring specific evidentiary burdens such as 'acceptable proof of age' and 'reasonable grounds' beliefs","Overlapping offences for the same conduct targeting different parties (parents, exhibitors, children, retailers)"],"plain_english_summary":"This is the Northern Territory law that enforces Australia's national classification system for movies, video games, magazines and books. It makes it a crime to sell, show or possess material that is 'Refused Classification' (banned content) or unclassified. The law protects children by restricting access to adult content: MA15+ material requires parental supervision for kids under 15, R18+ is restricted to adults only, and X18+ (sexually explicit content) can only be sold in special adult shops called 'restricted publications areas'.\n\n**Key things the law does:**\n• **Labels:** Requires all films, games and publications to display official classification markings (like G, PG, M, MA15+, R18+) and consumer advice about content (violence, language, etc.).\n• **Age checks:** Makes it illegal to sell adult films or games to children, with fines or prison for retailers who don't check ages properly.\n• **Adult shops:** Creates strict rules for 'restricted publications areas'—they must be completely screened from public view, have warning signs, and check IDs at the door.\n• **Online content:** Bans using computer services (internet) to transmit 'objectionable material' including child pornography, extreme violence, or banned films/games.\n• **Advertising:** Controls how films and games can be advertised, ensuring ads for adult content don't appear during children's programming and display correct classification symbols.\n• **Enforcement:** Gives police powers to search premises and seize illegal material, and allows courts to order forfeiture and destruction of banned items.\n\n**Who it affects:** Retailers, cinema operators, video game stores, online service providers, parents, and anyone selling or distributing media content in the NT."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/classification-of-publications-films-and-computer-games-act-1985","history":"/api/acts/classification-of-publications-films-and-computer-games-act-1985/history","analysis":"/api/acts/classification-of-publications-films-and-computer-games-act-1985/analysis","conflicts":"/api/acts/classification-of-publications-films-and-computer-games-act-1985/conflicts","importantCases":"/api/acts/classification-of-publications-films-and-computer-games-act-1985/important-cases","documents":"/api/acts/classification-of-publications-films-and-computer-games-act-1985/documents"}}