{"id":"a-1995-47","name":"Classification (Publications, Films and Computer Games) (Enforcement) Act 1995","slug":"classification-publications-films-and-computer-games-enforcement-act-1995","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"47 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23220,"registerId":"act-a-1995-47-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 4\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Exhibition of film","content":"5 Exhibition of film\nFor this Act, a person is taken to exhibit a film in a public place if the\nperson—\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":2},{"sectionNumber":"5A","sectionType":"section","heading":"Films consisting only of classified films","content":"5A Films consisting only of classified films\n(1) This section applies to a film that—\n(a) is on 1 device; and\n(b) consists 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\nSection 6\npage 4 Classification (Publications, Films and Computer\n6 Application of Act\nThis Act does not apply to—\n(a) broadcasting services to which the Broadcasting Services Act\n1992 (Cwlth) applies; or\n(b) exempt films or exempt computer games; or\n(c) publications, films or computer games that are subject to a\nconditional cultural exemption.\n\nSection 7\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Exhibition of film in public place","content":"7 Exhibition of film in public place\n(b) the film is not classified.\n(2) A person commits an offence if the person exhibits a classified film\nin 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.\n(3) A person does not commit an offence against subsection (2) in\nrelation to a classified film if either or both of the following apply:\n(a) the film—\n(i) is exhibited under a title different from that under which it\nis classified; and\n(ii) is contained on 1 device that consists only of 2 or more\nclassified films;\n(b) the classified film is exhibited with modifications mentioned in\nthe Commonwealth Act, section 21 (2) or (3).\n\nSection 8\npage 6 Classification (Publications, Films and Computer\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Exhibition of films—display of notice about","content":"8 Exhibition of films—display of notice about\nclassifications\n(i) in the approved form about classifications for films; and\n(ii) in the public place so that the notice is clearly visible to the\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Exhibition of RC and X 18+ films","content":"9 Exhibition of RC and X 18+ films\n(b) the film is classified RC.\n(b) the film is classified X 18+; and\n(c) the public place is not a restricted publications area that is\nlocated in premises in an area prescribed by regulation.\n\nSection 10\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+","content":"10 Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+\nfilms\n(a) the person exhibits a film somewhere that is not a controlled\nspace for exhibiting the film; and\n(i) classified RC, X 18+, R 18+ or MA 15+; or\n(c) for an unclassified film—the film is subsequently classified RC,\nX 18+, R 18+ or MA 15+.\nsubsequently classified RC—100 penalty units, imprisonment\nfor 1 year or both; or\nsubsequently classified X 18+—50 penalty units, imprisonment\n(c) for a film classified MA 15+ or R 18+, or an unclassified film\nthat is subsequently classified MA 15+ or R 18+—20 penalty\nunits.\nthat the film would be classified RC, X 18+, R 18+ or MA 15+.\n\nSection 11\npage 8 Classification (Publications, Films and Computer\n(4) In this section:\ncontrolled space, for exhibiting a film, means a space where the\nperson exhibiting the film—\n(a) can prevent someone entering the space; and\n(b) can prevent the film being seen from outside the space.\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Attendance of child at certain films—offence by parents","content":"11 Attendance of child at certain films—offence by parents\netc\n(a) the person is a parent or guardian of a child; and\n(b) the person permits the child to attend the exhibition of a film in\na public place; and\n(c) the person knows the film is—\n(i) classified RC, X 18+ or R 18+; or\n(d) for an unclassified film—the film is subsequently classified RC,\n(2) Absolute liability applies to subsection (1) (d).\nthat the film would be classified RC, X 18+ or R 18+.\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Attendance of child at certain films—offence by child","content":"12 Attendance of child at certain films—offence by child\nA child commits an offence if—\n(a) the child is 15 years old or older; and\n(b) the child attends the exhibition of a film in a public place; and\n\nSection 13\n(c) the child knows the film is classified X 18+ or R 18+.\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Private exhibition of certain films in presence of child","content":"13 Private exhibition of certain films in presence of child\n(a) the person exhibits a film in a place other than a public place;\nand\n(b) a child is present during any part of the exhibition; and\n(c) the film is—\n(i) classified RC, X 18+ or R 18+; or\n(d) for an unclassified film—the film is subsequently classified RC,\nsubsequently classified RC—50 penalty units, imprisonment for\n6 months or both; or\nsubsequently classified X 18+—50 penalty units; or\n(c) for a film classified R 18+, or an unclassified film that is\nsubsequently classified R 18+—20 penalty units.\n(a) the circumstance that the person present is a child; and\n(b) subsection (1) (d).\n\nSection 14\npage 10 Classification (Publications, Films and Computer\nbe classified RC, X 18+ or R 18+.\nthe defendant proves that the defendant believed, on reasonable\ngrounds, that the child was an adult.\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Attendance of child at R 18+ film—offence by exhibitor","content":"14 Attendance of child at R 18+ film—offence by exhibitor\n(b) the film is classified R 18+; and\n(c) a child is present during any part of the exhibition.\n(2) Strict liability applies to subsection (1) (b).\n(3) Absolute liability applies to the circumstance that the person present\nis a child.\nbefore the child was admitted to the public place; and\n\nSection 15\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Attendance of child at MA 15+ film—offence by exhibitor","content":"15 Attendance of child at MA 15+ film—offence by exhibitor\n(b) the film is classified MA 15+; and\n(c) a child under 15 years old is present during any part of the\nexhibition; and\n(d) the child is not accompanied by a parent or guardian of the child.\n(2) For subsection (1), a child does not stop being accompanied if the\nparent or guardian is temporarily absent from the exhibition of the\nfilm.\n(3) Strict liability applies to subsection (1) (b).\n(4) Absolute liability applies to the circumstance that the person present\nis a child under 15 years old.\n(5) It is a defence to a prosecution for an offence against this section if\n(a) the defendant took all reasonable steps to ensure that the child\nwas not present in contravention of subsection (1); or\nwas 15 years old or older; or\n(c) the defendant believed, on reasonable grounds, that the person\naccompanying the child was the child’s parent or guardian.\n\nSection 16\npage 12 Classification (Publications, Films and Computer\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Unclassified and RC films","content":"16 Unclassified and RC films\nA person commits an offence if—\n(a) the person sells a film; and\n(b) the film is an unclassified film or a film classified RC.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Classified films","content":"17 Classified films\n(1) A person commits an offence if the person sells 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(2) A person does not commit an offence against subsection (1) in\nrelation to a classified film if either or both of the following apply:\n(a) the film—\n(i) is sold under a title different from that under which it is\nclassified; and\n(ii) is contained on 1 device that consists only of 2 or more\nclassified films;\n(b) the film is sold with modifications mentioned in the\nCommonwealth Act, section 21 (2) or (3).\n\nSection 18\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Sale of films—display of notice about classifications","content":"18 Sale of films—display of notice about classifications\n(a) the person sells a film at any premises; and\n(i) in the approved form about classifications for films; and\n(ii) in the premises so that the notice is clearly visible to the\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Films to display determined markings and consumer","content":"19 Films to display determined markings and consumer\nadvice\n(a) the person sells a film; and\n(b) the container, wrapping or casing of the film does not have\ndisplayed on it—\n(i) the determined markings relevant to the film’s\n(ii) if there is current consumer advice for the film—the\nconsumer advice.\n\nSection 19\npage 14 Classification (Publications, Films and Computer\n(a) the person sells an unclassified film; and\n(b) the container, wrapping or casing in which the film is sold\ndisplays a marking that suggests that the film has been\n(a) the person sells a classified film; and\n(b) the container, wrapping or casing in which the film is sold\ndisplays a marking that suggests that the film is unclassified or\nhas a different classification.\n(a) a film is reclassified under the Commonwealth Act,\n(b) the board revokes a classification or consumer advice for a film\nunder the Commonwealth Act.\nto the film during the 30-day period after the decision to reclassify or\nrevoke takes effect, if the film displays the determined markings and\nconsumer advice (if any) applying to the film before the\nreclassification or revocation.\n(6) An offence against this section is a strict liability offence.\n\nSection 20\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Possessing unclassified or RC films and other films at","content":"20 Possessing unclassified or RC films and other films at\ncertain premises\n(a) the person possesses an unclassified film or a film classified RC\nat any premises; and\n(b) classified films are sold at the premises.\n(a) the person is the occupier of premises; and\n(b) someone else possesses an unclassified film or a film classified\nRC at the premises; and\n(c) classified films are sold at the premises.\n(3) In this section:\npossess a film includes—\n(a) have control over the disposition of the film (whether or not\nhaving custody of the film); and\n(b) have joint possession of the film.\n\nSection 21\npage 16 Classification (Publications, Films and Computer\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Display of X 18+ films for sale","content":"21 Display of X 18+ films for sale\nA person commits an offence if—\n(a) the person displays a film classified X 18+ for sale; and\n(b) the place where the film is displayed for sale is not a restricted\npublications area that is located in premises in an area prescribed\nby regulation.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Sale of X 18+ films","content":"22 Sale of X 18+ films\n(a) the person sells a film classified X 18+ to someone else; and\n(b) the other person has not made a direct request for the film.\n(2) A person commits an offence if the person sells a film classified\nX 18+ that is not contained in a package made of opaque material.\n(3) An offence against subsection (2) is a strict liability offence.\n(a) the person sells or copies a film classified X 18+; and\n(b) the sale or copying is not done in accordance with a licence\nunder part 6.\n\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Sale or delivery of certain films to child","content":"23 Sale or delivery of certain films to child\n(a) the person sells or delivers a film to a child; and\n(c) for an unclassified film—the film is subsequently classified RC.\ndelivered is a child; and\n(b) subsection (1) (c).\n(3) Subsection (1) does not apply if the film is an unclassified film and\nthe person does not believe, and has no reasonable grounds for\nbelieving, that the film would be classified RC.\n(4) It is a defence to a prosecution for an offence against subsection (1)\nbefore the defendant sold or delivered the film to the child; and\n(a) the person sells or delivers a film to a child; and\n(i) classified X 18+ or R 18+; or\n\npage 18 Classification (Publications, Films and Computer\n(c) for an unclassified film—the film is subsequently classified\n(6) Absolute liability applies to—\ndelivered is a child; and\n(b) subsection (5) (c).\n(7) Subsection (5) does not apply if—\nbe classified X 18+ or R 18+.\n(8) It is a defence to a prosecution for an offence against subsection (5),\nif the defendant proves—\n(a) that—\n(i) the child produced to the defendant acceptable proof of age\nbefore the defendant sold or delivered the film to the child;\nand\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 child was\nemployed by the defendant or the defendant’s employer and the\ndelivery took place in the course of that employment.\n\n(9) A person commits an offence if—\n(a) the person sells or delivers a film to a child under 15 years old;\nand\n(i) classified MA 15+; or\n(c) for a film that is unclassified—the film is subsequently\nclassified MA 15+.\n(10) Absolute liability applies to–\ndelivered is under 15 years old; and\n(b) subsection (9) (c).\n(11) Subsection (9) does not apply if—\nbe classified MA 15+.\n(12) It is a defence to a prosecution for an offence against subsection (9)\nif the defendant proves that the defendant believed, on reasonable\ngrounds, that—\n(a) the child was 15 years old or older; or\n(b) a parent or guardian of the child had consented to the sale or\ndelivery.\n\nSection 24\npage 20 Classification (Publications, Films and Computer\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Buying certain films—offence by child","content":"24 Buying certain films—offence by child\nA child commits an offence if—\n(a) the child is 15 years old or older; and\n(b) the child buys a film; and\n(c) the child knows the film is classified X 18+ or R 18+.\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Power to ask name, age and address","content":"25 Power to ask name, age and address\n(1) A police officer may require a person to state the person’s name, age\nand address if the police officer has reasonable grounds for believing\nthat—\n(a) a film is being or is about to be exhibited, sold or delivered to\nthe person; and\n(b) the person has committed or is about to commit an offence\nagainst section 12 (Attendance of child at certain films—offence\nby child) or section 24 (Buying certain films—offence by child);\nand\n(c) the person is under 18 years old.\n(2) A person commits an offence if the person fails to comply with a\nrequirement made of the person under subsection (1).\n\nMiscellaneous Division 2.3\nSection 26\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Leaving films in certain places","content":"26 Leaving films in certain places\n(a) the person leaves a film in a public place or, without the\noccupier’s permission, at private premises; and\n(i) classified RC, X 18+, R 18+ or MA 15+; or\n(c) for an unclassified film—the film is subsequently classified RC,\nX 18+, R 18+ or MA 15+.\nsubsequently classified RC—100 penalty units, imprisonment\nfor 1 year or both; or\nsubsequently classified X 18+—50 penalty units, imprisonment\n(c) for a film classified R 18+ or MA 15+, or an unclassified film\nthat is subsequently classified R 18+ or MA 15+—20 penalty\nunits.\nthat the film would be classified RC, X 18+, R 18+ or MA 15+.\n\nSection 27\npage 22 Classification (Publications, Films and Computer\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Possessing or copying film","content":"27 Possessing or copying film\n(a) the person possesses—\n(i) a film classified RC; or\n(b) the person intends to sell or exhibit the film.\n(2) Subsection (1) does not apply if the person possesses the film for\nclassification or law enforcement.\n(a) the person copies a film; and\n(c) the person intends to sell or exhibit the film.\n(4) Subsection (3) does not apply if the person copies the film for\nclassification or law enforcement.\n(5) If, in a prosecution for an offence against subsection (3), it is proved\nthat the defendant made 10 or more copies of a film classified RC, or\nan unclassified film, it is presumed, unless the contrary is proved, that\nthe defendant intended to sell or exhibit the film.\n\nSection 28\n","sortOrder":24},{"sectionNumber":"28","sectionType":"section","heading":"Sale of unclassified RC publications","content":"28 Sale of unclassified RC publications\n(a) the person sells or delivers a submittable publication; and\n(b) the person knows that the publication is a submittable\npublication.\n(a) the person sells or delivers a publication classified RC; and\n(b) the person knows that the publication is a publication\nclassified RC.\n(a) the person sells or delivers the publication for classification or\nlaw enforcement; or\nbeen classified unrestricted.\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Category 1 restricted publications","content":"29 Category 1 restricted publications\n(a) the person sells or delivers a publication classified category 1\n\nSection 29\npage 24 Classification (Publications, Films and Computer\n(b) the publication—\n(i) does not display the determined markings; or\n(ii) is not contained in a sealed package; and\n(c) if the publication is contained in a package made of opaque\nmaterial—the package does not display the determined\nmarkings.\n(2) However, subsection (1) (b) (ii) does not apply to the sale or delivery\nof the publication if—\n(a) the sale or delivery takes place in a restricted area; and\n(b) on delivery, the publication is contained in a package made of\nopaque material; and\n(c) the conditions (if any) imposed by the board under the\nCommonwealth Act, section 13A (2) (Conditions of certain\nclassifications for publications) are complied with.\n\nSection 30\n","sortOrder":26},{"sectionNumber":"30","sectionType":"section","heading":"Category 2 restricted publications","content":"30 Category 2 restricted publications\n(a) the person displays a publication that is classified category 2\nrestricted at a place; and\n(b) the place is not a restricted publications area.\n(a) the person delivers a publication that is classified category 2\nrestricted to someone else; and\n(b) the other person has not made a direct request for the\npublication.\n(a) the person delivers a publication that is classified category 2\nrestricted to someone else; and\n(b) the publication is not contained in a package made of opaque\nmaterial.\n(4) An offence against subsection (3) is a strict liability offence.\n\nSection 31\npage 26 Classification (Publications, Films and Computer\n(a) the person publishes a publication that is classified category 2\n(b) the publication does not display the determined markings.\n(6) An offence against subsection (5) is a strict liability offence.\n(7) Subsection (8) applies if—\n(8) A person does not commit an offence against this section in relation\n","sortOrder":27},{"sectionNumber":"31","sectionType":"section","heading":"Sale or delivery of publications contrary to conditions","content":"31 Sale or delivery of publications contrary to conditions\n(a) a publication is classified unrestricted or category 1 restricted;\nand\n(b) the classification is subject to a condition imposed under the\nCommonwealth Act, section 13A (Conditions of certain\nclassifications for publications); and\n\nSection 32\n(c) the person sells or delivers the publication; and\n(d) the sale or delivery is not in accordance with the condition.\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Consumer advice for unrestricted publications","content":"32 Consumer advice for unrestricted publications\n(a) the board has determined consumer advice for a publication\nclassified unrestricted under the Commonwealth Act, section 20\n(2) (Board to decide consumer advice for publications, films and\ncomputer games); and\n(b) the person sells the publication; and\n(c) the consumer advice is not displayed on the publication or the\npackaging of the publication.\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Publications classified unrestricted","content":"33 Publications classified unrestricted\n(a) the person sells, delivers or publishes a publication classified\nunrestricted; and\n(b) the publication does not display the determined markings.\n\nSection 34\npage 28 Classification (Publications, Films and Computer\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Misleading or deceptive markings","content":"34 Misleading or deceptive markings\n(a) the person publishes an unclassified publication with a marking,\nor in packaging with a marking; and\n(b) the marking indicates or suggests that the publication has been\n(a) the person publishes a classified publication with a marking, or\nin packaging with a marking; and\n(b) the marking indicates or suggests that the publication is\nunclassified or has a different classification.\n\nSection 35\n","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Sale of restricted publications to child","content":"35 Sale of restricted publications to child\n(a) the person sells or delivers a publication to a child; and\n(b) the publication is classified RC or is a submittable publication.\n(2) Absolute liability applies to the circumstance that the person to whom\nthe publication is sold or delivered is a child.\n(3) Subsection (1) does not apply if—\nbeen classified unrestricted.\n(a) the person sells or delivers a publication to a child; and\n(b) the publication is classified category 1 restricted or category 2\nrestricted.\n(5) Absolute liability applies to the circumstance that the person to whom\nthe publication is sold or delivered is a child.\n\nSection 36\npage 30 Classification (Publications, Films and Computer\n(6) Subsection (4) does not apply if the person is a parent or guardian of\nthe child.\n(7) It is a defence to a prosecution for an offence against this section if\nbefore the defendant sold or delivered the publication to the\nchild; and\n","sortOrder":32},{"sectionNumber":"36","sectionType":"section","heading":"Leaving publications in certain places","content":"36 Leaving publications in certain places\n(a) the person leaves a publication in a public place or, displayed in\na way that it can be seen by people in a public place; and\n(b) the publication is a submittable publication or classified\ncategory 1 restricted, category 2 restricted or RC; and\n(c) the person knows that the publication is a submittable\npublication or is so classified; and\n(d) for a publication classified category 1 restricted—\n(i) the public place is not a shop or stall; and\n(ii) section 29 (1) is not complied with in relation to the\npublication; and\n\nSection 36\n(e) for a publication classified category 2 restricted—the public\nplace is not a restricted publications area.\n(a) for a publication classified category 1 restricted or category 2\nrestricted, or a submittable publication that is subsequently\nclassified category 1 restricted or category 2 restricted—50\npenalty units, imprisonment for 6 months or both; or\n(b) for a publication classified RC, or a submittable publication that\nis subsequently classified RC—100 penalty units, imprisonment\nfor 1 year or both.\n(a) the person leaves a publication on private premises, without the\noccupier’s permission; and\n(b) the publication is a submittable publication or classified\ncategory 1 restricted, category 2 restricted or RC; and\n(c) the person knows that the publication is a submittable\npublication or is so classified.\n(a) for a publication classified category 1 restricted or category 2\nrestricted, or a submittable publication that is subsequently\nclassified category 1 restricted or category 2 restricted—50\npenalty units, imprisonment for 6 months or both; or\n(b) for a publication classified RC, or a submittable publication that\nis subsequently classified RC—100 penalty units, imprisonment\nfor 1 year or both.\n(3) This section does not apply if the publication was a submittable\npublication and, since the offence was alleged to have been\ncommitted, the publication has been classified unrestricted.\n\nSection 37\npage 32 Classification (Publications, Films and Computer\n","sortOrder":33},{"sectionNumber":"37","sectionType":"section","heading":"Possessing or copying publication for purpose of","content":"37 Possessing or copying publication for purpose of\npublishing\n(a) the person possesses or copies—\n(i) a submittable publication; or\n(ii) a publication classified RC; and\n(b) the person intends to sell the publication or copy.\n(a) for a submittable publication—50 penalty units, imprisonment\n(b) for a publication classified RC—100 penalty units,\nimprisonment for 1 year or both.\n(2) This section does not apply if—\n(a) the person possesses or copies the publication for classification\nor law enforcement; or\nbeen classified unrestricted, category 1 restricted or category 2\nrestricted.\n(3) If, in a prosecution for an offence against this section, it is proved that\nthe defendant made 10 or more copies of a submittable publication or\na publication classified RC, it is presumed, unless the contrary is\nproved, that the defendant intended to sell the publication.\n\nSection 38\n","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Sale of computer game or demonstration in public place","content":"38 Sale of computer game or demonstration in public place\n(a) the person—\n(i) sells a computer game; or\n(ii) demonstrates a computer game in a public place; and\n(b) the computer game is not classified.\n(2) A person commits an offence if the person sells a computer game, or\ndemonstrates a computer game in a public place—\n(a) with a title other than the title under which the computer game\nis classified; or\n(b) in a form other than the form in which the computer game is\n(3) A person does not commit an offence against this section only\nbecause a computer game is sold or demonstrated in a public place\nwith modifications mentioned in the Commonwealth Act,\nsection 21 (2) or (3).\n","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Computer games—display of notice about classifications","content":"39 Computer games—display of notice about classifications\n(a) the person sells or demonstrates a computer game in a public\nplace; and\n\nSection 40\npage 34 Classification (Publications, Films and Computer\n(i) in the approved form about classifications for computer\ngames; and\n(ii) in the public place so that the notice is clearly visible to the\n","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"RC computer games","content":"40 RC computer games\n(a) the person—\n(i) sells a computer game; or\n(ii) demonstrates a computer game in a public place; and\nsubsequently classified RC.\nclassified RC.\n\nSection 41\n","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":"Demonstration of R 18+ and MA 15+ computer games","content":"41 Demonstration of R 18+ and MA 15+ computer games\n(a) the person demonstrates a computer game classified R 18+ or\nMA 15+ in a public place; and\n(i) the determined markings are not exhibited before the\ncomputer game can be played; or\n(ii) entry to the public place is not restricted to—\n(A) for a computer game classified R 18+—adults; or\n(B) for a computer game classified MA 15+—adults, or\nchildren accompanied by a parent or guardian while\nin the place.\n(a) for a computer game classified R 18+—50 penalty units; or\n(b) for a computer game classified MA 15+—20 penalty units.\n","sortOrder":38},{"sectionNumber":"42","sectionType":"section","heading":"Demonstration of unclassified, RC, R 18+ and MA 15+","content":"42 Demonstration of unclassified, RC, R 18+ and MA 15+\ncomputer games\n(a) the person demonstrates a computer game somewhere that is not\na controlled space for demonstrating the computer game; and\n(i) classified RC, R 18+ or MA 15+; or\n\nSection 43\npage 36 Classification (Publications, Films and Computer\nsubsequently classified RC, R 18+ or MA 15+.\n50 penalty units; or\n(c) for a computer game classified MA 15+ or an unclassified\ncomputer game that is subsequently classified MA 15+—20\npenalty units.\nclassified RC, R 18+ or MA 15+.\n(4) In this section:\ncontrolled space, for demonstrating a computer game, means a space\nwhere the person demonstrating the computer game—\n(a) can prevent someone entering the space; and\n(b) can prevent the computer game being seen from outside the\nspace.\n","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Private demonstration of RC or R 18+ computer games in","content":"43 Private demonstration of RC or R 18+ computer games in\npresence of child\n(a) the person demonstrates a computer game in a place other than\na public place; and\n\nSection 43\n(b) a child is present during any part of the demonstration; and\n(c) the computer game is—\n(i) classified RC or R 18+; or\n(d) for an unclassified computer game—the computer game is\nsubsequently classified RC or R 18+.\ngame that is subsequently classified RC—50 penalty units; or\n50 penalty units.\n(a) the circumstance that the person present is a child; and\n(b) subsection (1) (d).\n(b) the computer game is an unclassified computer game and the\nperson does not believe, and has no reasonable grounds for\nbelieving, that the computer game would be classified RC or\nR 18+.\nthe defendant proves that the defendant believed, on reasonable\ngrounds, that the child was an adult.\n\nSection 44\npage 38 Classification (Publications, Films and Computer\n","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Computer games to display determined markings and","content":"44 Computer games to display determined markings and\nconsumer advice\n(a) the person sells a computer game: and\n(b) the container, wrapping or casing of the computer game does not\nhave displayed on it—\n(i) the determined markings relevant to the computer game’s\n(ii) if there is current consumer advice for the computer\ngame—the consumer advice.\n(a) the person sells an unclassified computer game; and\n(b) the container, wrapping or casing in which the computer game\nis sold displays a marking that suggests that the computer game\nhas been classified.\n(a) the person sells a classified computer game; and\n(b) the container, wrapping or casing in which the computer game\nis sold displays a marking that suggests that the computer game\nis unclassified or has a different classification.\n(a) the person makes a computer game available for playing on a\npay and play basis (for example, a coin operated arcade game);\nand\n\nSection 44\n(b) the device used for playing the game does not have displayed on\nit—\n(i) the determined markings relevant to the computer game’s\n(ii) if there is current consumer advice for the computer\ngame—the consumer advice.\n(5) If 2 or more computer games are available for playing on a device\nmentioned in subsection (4), the determined markings and consumer\nadvice to be displayed on the device are the markings and advice\nrelevant to the computer game with the highest classification under\nthe Commonwealth Act.\n(6) An offence against this section is a strict liability offence.\n(7) Subsection (8) applies if—\n(a) a computer game is reclassified under the Commonwealth Act,\nclassification tool), section 39 (Reclassification etc after 2\nyears); or\n(b) the board revokes a classification or consumer advice for a\ncomputer game under the Commonwealth Act.\n(8) A person does not commit an offence against this section in relation\nto the computer game during the 30-day period after the decision to\nreclassify or revoke takes effect, if the computer game displays the\n\nSection 45\npage 40 Classification (Publications, Films and Computer\n","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Possessing unclassified or RC computer games and","content":"45 Possessing unclassified or RC computer games and\nother computer games\n(a) the person possesses an unclassified computer game or a\ncomputer game classified RC at any premises; and\n(b) classified computer games are sold or demonstrated at the\npremises.\n(a) the person is the occupier of premises; and\n(b) someone else possesses an unclassified computer game or a\ncomputer game classified RC at the premises; and\n(c) classified computer games are sold or demonstrated at the\npremises.\n(3) In this section:\npossess a computer game includes—\n(a) have control over the disposition of the computer game (whether\nor not having custody of the computer game); and\n(b) have joint possession of the computer game.\n\nSection 46\n","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"Sale or delivery of certain computer games to child","content":"46 Sale or delivery of certain computer games to child\n(a) the person sells or delivers a computer game to a child; and\n(i) classified RC or R 18+; or\nsubsequently classified RC or R 18+.\n50 penalty units.\n(a) the circumstance that the person to whom the computer game is\nsold or delivered is a child; and\n(b) subsection (1) (c).\n(3) Subsection (1) does not apply if the computer game is an unclassified\nclassified RC or R 18+.\n(4) It is a defence to a prosecution for an offence against subsection (1)\nbefore the defendant sold or delivered the computer game to the\nchild; and\n\nSection 46\npage 42 Classification (Publications, Films and Computer\n(a) the person sells or delivers a computer game to a child under\n15 years old; and\n(i) classified MA 15+; or\nsubsequently classified MA 15+.\n(6) Absolute liability applies to–\n(a) the circumstance that the person to whom the computer game is\nsold or delivered is under 15 years old; and\n(b) subsection (5) (c).\n(7) Subsection (5) does not apply if—\n(b) the computer game is an unclassified computer game and the\nperson does not believe, and has no reasonable grounds for\nbelieving, that the computer game would be classified MA 15+.\n(8) It is a defence to a prosecution for an offence against subsection (5)\nif the defendant proves that the defendant believed, on reasonable\ngrounds, that—\n(a) the child was 15 years old or older; or\n(b) a parent or guardian of the child had consented to the sale or\ndelivery.\n\nSection 47\n","sortOrder":43},{"sectionNumber":"47","sectionType":"section","heading":"Leaving computer games in certain places","content":"47 Leaving computer games in certain places\n(a) the person leaves a computer game in a public place or, without\nthe occupier’s permission, at private premises; and\n(i) classified RC, R 18+ or MA 15+; or\nsubsequently classified RC, R 18+ or MA 15+.\n(a) for a computer game classified RC, or an unclassified computer\n50 penalty units, imprisonment for 6 months or both; or\n(c) for a computer game classified MA 15+, or an unclassified\ncomputer game that is subsequently classified MA 15+—\n20 penalty units.\nclassified RC, R 18+ or MA 15+.\n\nSection 48\npage 44 Classification (Publications, Films and Computer\n","sortOrder":44},{"sectionNumber":"48","sectionType":"section","heading":"Possessing or copying computer game for purpose of","content":"48 Possessing or copying computer game for purpose of\nsale or demonstration\n(a) the person possesses—\n(i) a computer game classified RC; or\n(b) the person intends to sell or demonstrate the computer game.\n(2) Subsection (1) does not apply if the person possesses the computer\ngame for classification or law enforcement.\n(a) the person copies—\n(i) a computer game classified RC; or\n(b) the person intends to sell or demonstrate the computer game or\nthe copy.\n(4) This section does not apply if, since the offence was alleged to have\nbeen committed, the computer game has been classified R 18+,\nMA 15+, M, PG or G.\n(5) If, in a prosecution for an offence against this section, it is proved that\nthe defendant made 10 or more copies of a computer game classified\nRC, or an unclassified computer game, it is presumed, unless the\ncontrary is proved, that the defendant intended to sell or exhibit the\ncomputer game.\n\nSection 49\n","sortOrder":45},{"sectionNumber":"49","sectionType":"section","heading":"Certain advertisements not to be published","content":"49 Certain advertisements not to be published\n(a) the person publishes an advertisement for a film, publication or\ncomputer game; and\n(b) approval for the advertisement—\n(i) has been refused under the Commonwealth Act, section 29\n(Approval of advertisements), or suspended under that Act,\nsection 13 (5) (Applications for classification of\npublications) or section 21A (Revocation of classification\nof films or computer games that are found to contain\ncontentious material); or\n(ii) would be refused under that Act, section 29 if it had been\nsubmitted for approval.\n(a) the person publishes an advertisement for a film, publication or\ncomputer game; and\n(b) the advertisement—\n(i) is published in a form other than the form in which it is\napproved under the Commonwealth Act, section 29; or\n(ii) is not published in accordance with a condition of that\napproval.\n\nSection 50\npage 46 Classification (Publications, Films and Computer\n","sortOrder":46},{"sectionNumber":"50","sectionType":"section","heading":"Certain films, publications and computer games not to be","content":"50 Certain films, publications and computer games not to be\nadvertised\n(1) A person commits an offence if the person publishes an advertisement\nfor an unclassified film otherwise than in accordance with the\nadvertising scheme or a transitional Commonwealth regulation.\n(2) A person commits an offence if the person publishes an advertisement\nfor—\n(a) a film classified RC; or\n(b) a submittable publication; or\n(c) a publication classified RC; or\n(d) a computer game classified RC.\n(3) A person commits an offence if the person publishes an advertisement\nfor an unclassified computer game otherwise than in accordance with\nthe advertising scheme.\n(4) For this section, if a person publishes an advertisement for an\nunclassified film or an unclassified computer game at the request of\nsomeone else, the other person alone is taken to have published it.\n\nSection 51\n(6) In this section:\ntransitional Commonwealth regulation means a regulation under the\nAmendment (Assessments and Advertising) Act 2008 (Cwlth),\nschedule 1, item 13.\nNote Item 13 allows for transitional regulations in relation to the advertising of\nunclassified films that had been granted a certificate of exemption by the\nboard under the Commonwealth Act, s 33 as in force before the\ncommencement of item 13.\n","sortOrder":47},{"sectionNumber":"51","sectionType":"section","heading":"Screening advertisements with feature films","content":"51 Screening advertisements with feature films\n(a) the person screens an advertisement for a film in a public place;\nand\n(b) the advertisement is screened during a program for the\nexhibition of another film (the feature film); and\n(c) the feature film has a classification mentioned in column 2 of an\nitem in table 51; and\n(d) the advertised film does not have a classification mentioned in\nTable 51\nitem\n5 R 18+ R 18+, MA 15+, M, PG or G\n\nSection 52\npage 48 Classification (Publications, Films and Computer\nitem\n","sortOrder":48},{"sectionNumber":"6","sectionType":"section","heading":"X 18+ X 18+, R 18+, MA 15+, M, PG or G","content":"6 X 18+ X 18+, R 18+, MA 15+, M, PG or G\n(a) the person screens an advertisement for an unclassified film in a\npublic place; and\n(b) the advertisement does not comply with the advertising scheme.\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Liability of occupier for certain advertisements","content":"52 Liability of occupier for certain advertisements\n(a) the person is the occupier of a public place that is not a restricted\npublications area; and\n(b) the person screens an advertisement for a film in the public\nplace; and\n(c) the advertisement is for—\n(i) a film classified MA 15+, and is screened during a program\nfor the exhibition of a film classified M, PG or G; or\n(ii) a film classified R 18+, and is screened during a program\nfor the exhibition of a film classified MA 15+, M, PG or\nG; or\n(iii) a film classified X 18+.\n\nSection 53\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Sale of feature films with advertisements","content":"53 Sale of feature films with advertisements\n(a) the person sells a film (the feature film); and\n(b) the feature film is accompanied by an advertisement for another\nfilm; and\n(c) the feature film has a classification mentioned in column 2 of an\nitem in table 53; and\n(d) the advertised film does not have a classification mentioned in\nTable 53\nitem\n5 R 18+ R 18+, MA 15+, M, PG or G\n6 X 18+ X 18+, R 18+, M A15+, M, PG or G\n(a) the person sells a classified film (the feature film); and\n(b) the feature film is accompanied by an advertisement for an\nunclassified film; and\n(c) the advertisement does not comply with the advertising scheme.\n\nSection 53A\npage 50 Classification (Publications, Films and Computer\n","sortOrder":51},{"sectionNumber":"53A","sectionType":"section","heading":"Advertisements with computer games","content":"53A Advertisements with computer games\n(a) the person sells or demonstrates a computer game (the main\ngame) in a public place; and\n(b) the main game is accompanied by an advertisement for another\ngame; and\n(c) the main game has a classification mentioned in column 2 of an\nitem in table 53A; and\n(d) the advertised game does not have a classification mentioned in\nTable 53A\nitem\nmain game\nadvertised computer game\n(a) the person sells or demonstrates a classified computer game (the\nmain game) in a public place; and\n(b) the main game is accompanied by an advertisement for an\nunclassified computer game; and\n\nSection 53B\n(c) the advertisement does not comply with the advertising scheme.\n","sortOrder":52},{"sectionNumber":"53B","sectionType":"section","heading":"Advertisement to contain determined markings and","content":"53B Advertisement to contain determined markings and\nconsumer advice\n(a) the person publishes an advertisement for a classified film, a\nclassified publication or a classified computer game; and\n(b) the determined markings relevant to the classification of the\nfilm, publication or computer game, and relevant consumer\nadvice (if any)—\n(i) are not contained in the advertisement; or\n(ii) are not displayed in the way determined under the\nCommonwealth Act, section 8 (Determined markings and\nconsumer advice); or\n(iii) are not clearly visible, having regard to the size and nature\nof the advertisement.\n(3) Subsection (4) applies if—\n(a) a film, publication or computer game is reclassified under the\nCommonwealth Act, section 22CH (4) (Revocation of\nclassification by approved classification tool), section 39\n(Reclassification etc after 2 years) or section 97A\n(Reclassification); or\n(b) the board revokes a classification or consumer advice for a film,\npublication or computer game under the Commonwealth Act.\n\nSection 53C\npage 52 Classification (Publications, Films and Computer\n(4) A person does not commit an offence against this section in relation\nto the film, publication or computer game during the 30-day period\nafter the decision to reclassify or revoke takes effect, if the film,\npublication or computer game displays the determined markings and\nconsumer advice (if any) applying to the film, publication or\n","sortOrder":53},{"sectionNumber":"53C","sectionType":"section","heading":"Misleading or deceptive advertisements","content":"53C Misleading or deceptive advertisements\n(a) the person publishes an advertisement for an unclassified film,\nan unclassified publication, or an unclassified computer game,\nwith a marking; and\n(b) the marking indicates or suggests that the film, publication or\ncomputer game is classified.\n(2) For subsection (1), if a person publishes an advertisement at the\nrequest of someone else, the other person alone is taken to have\npublished it.\n(a) the person publishes an advertisement for a classified film, a\nclassified publication, or a classified computer game, with a\nmarking; and\n(b) the marking indicates or suggests that the film, publication or\ncomputer game is unclassified or has a different classification.\n\nSection 53D\n(5) Subsection (6) applies if—\n(a) a film, publication or computer game is reclassified under the\nCommonwealth Act, section 22CH (4) (Revocation of\nclassification by approved classification tool), section 39\n(Reclassification etc after 2 years) or section 97A\n(Reclassification); or\n(b) the board revokes a classification or consumer advice for a film,\npublication or computer game under the Commonwealth Act,\nsection 22B (3) (Classification of a publication, film or\ncomputer game that may be the same as or similar to a classified\nitem) or section 22CH (1) (Revocation of classification by\napproved classification tool).\n(6) A person does not commit an offence against subsection (3) 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 markings\nand consumer advice (if any) applying to the film, publication or\n","sortOrder":54},{"sectionNumber":"53D","sectionType":"section","heading":"Advertisements for category 1 restricted or category 2","content":"53D Advertisements for category 1 restricted or category 2\nrestricted publications\n(a) the person publishes an advertisement for a publication\nclassified category 1 restricted; and\n(b) the advertisement is published—\n(i) in a publication other than a publication classified category\n1 restricted or category 2 restricted; or\n(ii) in a place other than a restricted publications area.\n\nSection 53E\npage 54 Classification (Publications, Films and Computer\n(a) the person publishes an advertisement for a publication\nclassified category 2 restricted; and\n(b) the advertisement is published—\n(i) in a publication other than a publication classified category\n2 restricted; or\n(ii) in a place other than a restricted publications area.\n(a) the person is the occupier of a place other than a restricted\npublications area; and\n(b) an advertisement for a publication classified category 2\nrestricted is published in the place.\n","sortOrder":55},{"sectionNumber":"53E","sectionType":"section","heading":"Advertisements and X 18+ films","content":"53E Advertisements and X 18+ films\n(a) an advertisement for a film classified R 18+ is published in a\npublication; and\n(b) someone responds to the advertisement; and\n(c) the person sells a film classified X 18+ to the other person.\n\nSection 54\n(a) the person publishes an advertisement for a film classified\nX 18+; and\n(b) the advertisement explicitly depicts or describes sexual acts or\nfetishes.\n(3) For subsection (2), if a person publishes an advertisement at the\nrequest of someone else, the other person alone is taken to have\npublished it.\n(4) An offence against subsection (2) is a strict liability offence.\n(5) Subsection (2) does not apply if—\n(a) the advertisement is in a publication that is classified category 2\n(b) the publication is contained in a sealed package made of plain\nopaque material displaying the words ‘WARNING:\nSEXUALLY EXPLICIT ADVERTISING’, or words to that\neffect, on the outside of the package; and\n(c) the package is contained in another sealed package made of\nplain opaque material.\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Classification symbols etc to be published with","content":"54 Classification symbols etc to be published with\nadvertisements\n(a) the person publishes a publication containing an advertisement\nfor—\n(i) a film; or\n(ii) a publication classified category 1 restricted or category 2\nrestricted; or\n\nSection 54\npage 56 Classification (Publications, Films and Computer\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\nPreliminary Division 6.1\nSection 54A\n","sortOrder":57},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Preliminary","content":"Division 6.1 Preliminary\n","sortOrder":58},{"sectionNumber":"54A","sectionType":"section","heading":"Definitions—pt 6","content":"54A Definitions—pt 6\nIn this part:\ndeal in, X 18+ films, means to do either or both of the following:\n(a) copy X 18+ films;\n(b) sell X 18+ films.\ninfluential person, in relation to a body corporate, means—\n(a) a director or secretary of the body; or\n(b) a person who is—\n(i) substantially concerned in the management of the body; or\n(ii) able to control, or to substantially influence, the body’s\nactivities or internal affairs.\nlicence means a licence granted under section 54E.\n54C Application for X 18+ film licence\nA person may apply for a licence to deal in X 18+ films.\n","sortOrder":59},{"sectionNumber":"54D","sectionType":"section","heading":"Further information on licence application","content":"54D Further information on licence application\nThe commissioner may, by written notice, require an applicant for a\nlicence to provide, in writing or orally, the further information\nrelating to the application that is specified in the notice.\n\nSection 54E\npage 58 Classification (Publications, Films and Computer\n","sortOrder":60},{"sectionNumber":"54E","sectionType":"section","heading":"Grant or refusal of licence","content":"54E Grant or refusal of licence\n(1) On application under section 54C, the commissioner must—\n(a) grant a licence; or\n(b) refuse to grant a licence.\n(2) The commissioner may impose conditions on the grant of a licence.\n(3) The conditions that the commissioner may impose are conditions that\nthe commissioner believes, on reasonable grounds, are necessary in\nthe public interest.\n(4) For the purposes of making a decision under subsection (1) or (2), the\ncommissioner must have regard to the following:\n(a) if the applicant is an individual—whether he or she is an\nundischarged bankrupt;\n(b) if the applicant is a body corporate—whether it is being wound\nup;\n(c) whether the applicant has contravened this Act, the Publications\nControl Act 1989 or the Business Franchise (“X” Videos)\nAct 1990;\n(d) whether the applicant has been convicted of an offence\npunishable by a fine of at least 100 penalty units or\nimprisonment for at least 1 year;\n(e) whether the applicant has infringed copyright within the\nmeaning of the Copyright Act 1968 (Cwlth), part 4 in relation to\na cinematograph film within the meaning of that Act.\n(5) In subsection (4) (c) and (d), a reference to an applicant includes, if\nthe applicant is a body corporate, a reference to any influential person\nin relation to the body.\n\nSection 54F\n(6) If the commissioner refuses to grant a licence, the commissioner must\nrefund to the applicant an amount equal to any fee accompanying the\napplication for the licence.\n","sortOrder":61},{"sectionNumber":"54F","sectionType":"section","heading":"Form of licence","content":"54F Form of licence\nA licence must specify—\n(a) the full name and address of the licensee; and\n(b) the premises in relation to which the licence is granted; and\n(c) the conditions (if any) to which the licence is subject.\n","sortOrder":62},{"sectionNumber":"54G","sectionType":"section","heading":"Term of licence","content":"54G Term of licence\nSubject to this part, a licence remains in force for the period, not\nlonger than 3 years, that is specified in the licence.\n54H Renewal of licence\n(1) A licensee may, at any time before the end of the period mentioned\nin section 54G or the last period of renewal, as the case may be, apply\nto the commissioner for a renewal of the licence.\n(2) The commissioner must, on receipt of an application in accordance\nwith subsection (1), renew the licence.\n(3) Subject to this part, a licence renewed under subsection (2) remains\nin force for a period of 3 years beginning on the end of the period\nmentioned in section 54G, or the last period of renewal, as the case\nrequires.\n","sortOrder":63},{"sectionNumber":"54J","sectionType":"section","heading":"Payment by instalments","content":"54J Payment by instalments\n(1) If, under section 54H, the commissioner renews a licence, the licensee\nmay pay the determined fee by instalments.\n(2) Instalment payments must be paid on or before the due date.\n\nSection 54K\npage 60 Classification (Publications, Films and Computer\n(3) If a person fails to pay an instalment by the due date, the\ncommissioner must, by notice to the licensee, suspend the licence.\n(4) If a person fails to pay an instalment within 30 days after the due date\nfor the instalment, the commissioner must cancel the licence.\n(5) In this section:\ndue date means 1 February, 1 May, 1 August or 1 November.\n","sortOrder":64},{"sectionNumber":"54K","sectionType":"section","heading":"Variation of conditions","content":"54K Variation of conditions\n(1) The commissioner may, by written notice served on the licensee, vary\nthe conditions specified in a licence.\n(2) A notice under subsection (1) takes effect from the day specified in\nthe notice (not earlier than 28 days after the date of the notice).\n(3) A licensee must give the licence to the commissioner within 28 days\nafter the day notice under subsection (1) is given to the licensee.\n(5) On receipt of a licence, the commissioner must amend the licence and\nreturn it to the licensee within 7 days.\n","sortOrder":65},{"sectionNumber":"54L","sectionType":"section","heading":"Change of licensed premises","content":"54L Change of licensed premises\n(1) This section applies if a licensee proposes to—\n(a) sell X 18+ films at premises other than premises stated in the\nlicence; or\n(b) stop selling X 18+ films at particular premises stated in the\nlicence.\n(2) Not later than 28 days before the day of the proposed change, the\nlicensee must give the commissioner—\n(a) the licence; and\n\nSection 54N\n(b) written notice of the proposed change and the proposed date of\nchange.\n(3) The commissioner must amend the licence and return it to the licensee\nwithin 7 days after the day the commissioner receives the licence and\nnotice.\n(4) The licence amendment takes effect on the date stated in the notice.\n","sortOrder":66},{"sectionNumber":"54N","sectionType":"section","heading":"Cancellation","content":"54N Cancellation\n(1) The commissioner may cancel a licence if the commissioner has\nreasonable grounds for believing that—\n(a) the licence was granted in error or in consequence of a false\nstatement made, or misleading information given, by the\napplicant for the licence; or\n(b) the licensee has contravened a condition of a licence; or\n(c) the licensee has contravened this Act, the Publications Control\nAct 1989 or the Business Franchise (“X” Videos) Act 1990; or\n(d) the licensee has been convicted of an offence—\n(i) against this Act; or\n(ii) that is punishable by a fine of at least 100 penalty units or\nimprisonment for at least 1 year; or\n(e) if the licensee is an individual—licensee is an undischarged\nbankrupt; or\n(f) if the licensee is a body corporate—it is being wound up; or\n(g) the licensee has infringed copyright within the meaning of the\nCopyright Act 1968 (Cwlth), part 4 in relation to a\ncinematograph film within the meaning of that Act.\n\nSection 54N\npage 62 Classification (Publications, Films and Computer\n(2) In subsection (1) (c), (d) and (g), a reference to a licensee includes, if\nthe licensee is a body corporate, a reference to any defined influential\nperson in relation to the body.\n(3) The commissioner must, before cancelling a licence, by written notice\nserved on the licensee, invite the licensee to show cause why the\nlicence should not be cancelled.\n(4) A notice must contain—\n(a) particulars of the facts and circumstances relied on by the\ncommissioner to establish that a ground for cancellation exists;\nand\n(b) a statement to the effect that the licensee may, within the period\nthat is specified in the notice (of not less than 14 days after the\ndate the notice is given), give to the commissioner written\nparticulars of the facts and circumstances relied on by the\nlicensee to show that the licence should not be cancelled.\n(5) After the end of the period specified in a notice under subsection (3),\nthe commissioner may cancel the licence for the reasons mentioned\nin the notice.\n(6) In making a decision under subsection (5), the commissioner must\nhave regard to any explanation provided in accordance with\nsubsection (3) about why the licence should not be cancelled.\n(7) Cancellation of a licence takes effect at the end of the day when notice\nof the cancellation is given to the licensee under section 54R.\n(8) The commissioner must cancel a licensee’s licence on the written\nrequest of the licensee.\n\nSection 54P\n","sortOrder":67},{"sectionNumber":"54P","sectionType":"section","heading":"Surrender of licence","content":"54P Surrender of licence\n(1) Within 7 days after the day a licensee stops dealing in X 18+ films\nunder a licence, the licensee must surrender the licence by giving the\nlicence and written notice of its surrender to the commissioner.\n(2) The surrender of the licence takes effect on the day the notice is given\nto the commissioner.\n54Q Return of licence\n(1) If a licence is cancelled or expires, the licensee must return the licence\nto the commissioner within 7 days after day of the cancellation or\nexpiry.\n\nSection 54T\npage 64 Classification (Publications, Films and Computer\nPart 6A Enforcement for X 18+ films and\nR 18+ computer games\n54T Definitions—div 6A.1\nIn this division:\nR 18+ computer game includes an unclassified computer game and a\ncomputer game classified RC.\nX 18+ film includes an unclassified film and a film classified RC.\n54U Inspectors\n(1) The director-general may appoint a public servant as an inspector.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) An investigator under the Fair Trading (Australian Consumer Law)\nAct 1992 is also an inspector.\n","sortOrder":68},{"sectionNumber":"54V","sectionType":"section","heading":"Identity cards","content":"54V Identity cards\n(1) This section applies only to an inspector appointed under\nsection 54U (1).\n(2) The director-general must give an inspector an identity card stating\nthe person’s name and that the person is an inspector.\n(3) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n\nEnforcement Division 6A.1\nSection 54W\n(c) anything else prescribed by regulation.\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but no later than 7 days\nafter the day the person stops being an inspector.\nMaximum penalty: 1 penalty unit.\n","sortOrder":69},{"sectionNumber":"54W","sectionType":"section","heading":"Powers of entry, search etc","content":"54W Powers of entry, search etc\n(1) For this part an inspector may, without a warrant—\n(a) enter premises at any reasonable time when the premises are\nopen for business; or\n(b) subject to section 54X, enter any premises at any time with the\nconsent of the occupier of the premises.\n(2) An inspector who enters premises under subsection (1), is not\nauthorised to remain on the premises if, on request by or on behalf of\nthe licensee or occupier of the premises, the inspector does not\nproduce the inspector’s identity card.\n(3) An inspector who enters premises under subsection (1) may—\n(a) inspect, make copies of, or take extracts from, any film, or any\ndocument or record that the inspector has reasonable grounds\nfor believing to be connected with the sale of X 18+ films or a\ndefined offence in relation to an R 18+ computer game; and\n(b) seize any thing that the inspector has reasonable grounds for\nbelieving to be connected with an offence against this Act; and\n\nSection 54X\npage 66 Classification (Publications, Films and Computer\n(c) require any person on the premises to make available any films,\nor any document or record kept on the premises, to give\ninformation that the inspector has reasonable grounds for\nbelieving is connected with the sale of X 18+ films or a defined\noffence in relation to an R 18+ computer game, and to answer\nquestions; and\n(d) require the licensee or occupier to give the inspector the\nassistance as is reasonable to enable the inspector to exercise the\ninspector’s powers under this section.\n(4) A person must not fail to comply with a requirement made of the\nperson under subsection (3) (c) or (d).\n(6) In this section:\ndefined offence, in relation to an R 18+ computer game—see\nsection 54Y.\n","sortOrder":70},{"sectionNumber":"54X","sectionType":"section","heading":"Consent to entry and inspection","content":"54X Consent to entry and inspection\n(1) Before seeking the consent of the licensee or occupier of premises for\nsection 54W (1) (b), an inspector must inform the occupier that the\noccupier may refuse to consent.\n(2) If an inspector obtains the consent of the licensee or occupier of\npremises for section 54W (1) (b), the inspector must ask the licensee\nor occupier to sign a written acknowledgment—\n(a) that the licensee or occupier has given the inspector consent, for\nthat paragraph, to enter the premises and to exercise the powers\nof an inspector under section 54W (3); and\n(b) that the licensee or occupier has been told that he or she may\nrefuse to give that consent; and\n\nSection 54Y\n(c) specifying the day and time that consent was given.\n(3) If it is material, in any proceeding, for a court to be satisfied of the\nconsent of an occupier for section 54W (1) (b) and an\nacknowledgment in accordance with subsection (2) is not produced\nin evidence, it must be presumed that the occupier did not consent\nunless the contrary is established.\n","sortOrder":71},{"sectionNumber":"54Y","sectionType":"section","heading":"Definitions—div 6A.2","content":"54Y Definitions—div 6A.2\nIn this division:\nclassified does not include classified RC.\ndefined offence means—\n(a) in relation to a seized film—an offence in relation to the film\nagainst—\n(i) this Act; or\n(ii) the Crimes Act 1900; or\n(iii) the Publications Control Act 1989; or\n(iv) the Business Franchise (“X” Videos) Act 1990; and\n(b) in relation to a seized computer game—an offence in relation to\nthe computer game against—\n(i) this Act; or\n(ii) the Crimes Act 1900, section 66; or\n(iii) the Criminal Code 1995 (Cwlth), section 474.26.\ndefined period, in relation to a seized film or computer game,\nmeans—\n(a) 120 days after the seizure of the film or computer game; or\n\nSection 54YA\npage 68 Classification (Publications, Films and Computer\n(b) any extended, or further extended, period that is approved under\nsection 54YB (1).\nseized film or computer game means a film or computer game seized\nunder section 54W.\n54YA When proceeding for defined offence decided\nFor this division, a proceeding in relation to a defined offence must\nnot be taken to be decided until—\n(a) the end of any period for lodging an appeal in relation to the\nproceeding; or\n(b) if any appeal has been lodged in relation to the proceeding—the\nappeal has been decided, and any period for lodging a further\nappeal has ended.\n54YB Extension of defined period\n(1) For this division, the commissioner may, in writing, approve the\nextension, or further extension, of the defined period in relation to a\nseized film or computer game for the period that the commissioner\nconsiders, on reasonable grounds, to be necessary or desirable for—\n(a) allowing the person from whom the film or computer game was\nseized to satisfy the commissioner, on reasonable grounds, that\nthe film or computer game is classified; or\n(b) the administration of this Act.\n(2) The commissioner may, in writing, approve the extension of a defined\nperiod under subsection (1)—\n(a) on the written application of the person from whom the relevant\nfilm or computer game was seized, made before that period\nwould otherwise have ended; or\n(b) at any time, on the commissioner’s own initiative.\n\nSection 54Z\n(3) The commissioner must give a copy of an extension under\nsubsection (2) (b) in relation to a seized film or computer game to the\nperson from whom the film or computer game was seized.\n","sortOrder":72},{"sectionNumber":"54Z","sectionType":"section","heading":"Notice","content":"54Z Notice\n(1) This section applies to a seized film or computer game if the\ncommissioner is not satisfied, on reasonable grounds, that the film or\ncomputer game is classified.\n(2) If this section applies to a seized film or computer game, the\ncommissioner must give a written notice to the person from whom\nthe film or computer game was seized inviting the person to satisfy\nthe commissioner, on reasonable grounds, within the defined period\nthat the film or computer game is classified.\n(3) A notice under subsection (2) must include a statement to the effect\nthat—\n(a) the seized film or computer game may be destroyed unless the\nperson satisfies the commissioner, on reasonable grounds, that\nthe film or computer game is classified; and\n(b) the person from whom the film or computer game was seized\nmay apply to the commissioner under section 54YB (2) for the\nextension, or further extension, of the defined period.\n54ZA Return of seized films or computer games\nThe commissioner must take reasonable steps to return a seized film\nor computer game to the person from whom it was seized if—\n(a) the commissioner is satisfied, on reasonable grounds, that the\nfilm or computer game is classified; and\n\nSection 54ZB\npage 70 Classification (Publications, Films and Computer\n(i) a proceeding in relation to a defined offence has not been\nstarted at the end of the defined period after the date of\nseizure; or\n(ii) if such a proceeding has been started within that period—\nthe proceeding has been decided (whether before or after\nthe end of that period) and no offence has been found\nproved in relation to the film or computer game; and\n(c) if the person is a licensee—\n(i) an invitation under section 54N (3) on the ground\nmentioned in section 54N (1) (c) in relation to the film or\ncomputer game has not been issued to the person at the end\nof the defined period after the date of seizure; or\n(ii) if an invitation has been issued within that period— the\ncommissioner has made a decision (whether before or after\nthe end of that period) not to cancel the licence on that\nground.\n54ZB Destruction of seized films or computer games\n(1) The commissioner must destroy a seized film or computer game if,\nfollowing the issue of a notice under section 54Z (2)—\n(a) the person from whom the film or computer game was seized\ndoes not satisfy the commissioner, on reasonable grounds in\naccordance with the invitation in the notice, that the film or\ncomputer game is classified; and\n(i) a proceeding in relation to a defined offence has not been\nstarted at the end of the defined period after the date of\nseizure; or\n\nSection 54ZB\n(ii) if such a proceeding has been started within that period—\nthe proceeding has been decided (whether before or after\nthe end of that period) and no offence has been found\nproved in relation to the film or computer game.\n(2) The commissioner must destroy a seized film if—\n(a) the person from whom the film was seized is a licensee; and\n(b) the licence is cancelled on the ground mentioned in\nsection 54N (1) (c) in relation to the film.\n(3) The commissioner must destroy a seized film or computer game if a\ndefined offence in relation to the film or computer game is proved.\n(4) Despite subsections (1), (2) and (3), the commissioner may retain a\nseized film or computer game for the purposes of the administration\nof this Act for the period as the commissioner considers, on\nreasonable grounds, to be necessary or desirable for those purposes.\n(5) In this section:\nlicence—see section 54A.\n\nSection 55\npage 72 Classification (Publications, Films and Computer\n","sortOrder":73},{"sectionNumber":"55","sectionType":"section","heading":"Exemption—publications, films, computer games or","content":"55 Exemption—publications, films, computer games or\nadvertisements\n(1) The Minister or director may, on application, by notice, exempt a\nfilm, publication, computer game or advertisement specified in the\nnotice from the provisions of this Act specified in the notice.\n(2) An exemption under subsection (1) is subject to the conditions\n(if any) specified in the notice.\n56 Ministerial directions and guidelines\nIn exercising any power under section 55, the director must give\neffect to any directions or guidelines issued by the Minister in relation\nto the application of that section.\n\nNotification and review of decisions Part 7A\nSection 58\nPart 7A Notification and review of\ndecisions\n58 Meaning of reviewable decision—pt 7A\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n59 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n60 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nSection 61\npage 74 Classification (Publications, Films and Computer\n","sortOrder":74},{"sectionNumber":"61","sectionType":"section","heading":"Restricted publications area—construction and","content":"61 Restricted publications area—construction and\nmanagement\n(1) A restricted publications area must be so constructed that no part of\nthe interior of the area is visible to any person outside the area.\n(2) Each entrance to a restricted publications area must—\n(a) be fitted with a gate or door capable of excluding people from\nthe area; and\n(b) be closed by means of that gate or door when the area is not open\nto the public.\n(3) A restricted publications area must be managed by an adult who must\nbe in attendance in or near the area at all times when the area is open\nto the public.\n(4) The manager of a restricted publications area must ensure that notice\nin the form prescribed by regulation is displayed in a prominent place\non or near each entrance to the area, so that it is clearly visible from\noutside the area.\n","sortOrder":75},{"sectionNumber":"62","sectionType":"section","heading":"Restricted publications area—offences","content":"62 Restricted publications area—offences\n(1) The manager of a restricted publications area commits an offence if a\nchild enters the area.\n(2) Absolute liability applies to the circumstance that the person who\nenters the area is a child.\n(3) It is a defence to a prosecution for an offence against subsection (1)\nbefore the child entered the area; and\n\nMiscellaneous Part 8\nSection 63\n(4) The manager of a restricted publications area commits an offence if—\n(a) a film that is classified X 18+ or R 18+ is exhibited in the area;\nand\n(b) the exhibition is other than by way of a slot machine operated\nby a coin or token.\n(5) An offence against subsection (4) is a strict liability offence.\n","sortOrder":76},{"sectionNumber":"63","sectionType":"section","heading":"Certificates as evidence","content":"63 Certificates as evidence\n(1) This section applies if the director, deputy director or convenor signs\na certificate stating that on a date or during a period stated in the\ncertificate—\n(a) a film, publication or computer game was classified, was\nclassified at a classification stated in the certificate or was not\nclassified; or\n(b) an advertisement for a film, publication or computer game had\nbeen approved, had been refused approval or had not been\napproved.\n(2) The certificate is evidence of the matters stated in it.\n(3) Unless the contrary is proved, a document that appears to be a\ncertificate under this section is taken to be a certificate under this\nsection.\n\nSection 64\npage 76 Classification (Publications, Films and Computer\n","sortOrder":77},{"sectionNumber":"64","sectionType":"section","heading":"Starting prosecutions for offences","content":"64 Starting prosecutions for offences\n(1) A prosecution for an offence against this Act in relation to a film,\npublication or computer game that is unclassified at the time of the\noffence—\n(a) must not be started until the film, publication or computer game\nhas been classified; but\n(b) may be started not later than 1 year after the day the film,\npublication or computer game is classified.\n(2) Subsection (1) (a) does not apply to a prosecution for an offence\nagainst any of the following provisions:\n• section 7 (1)\n• section 16\n• section 19 (2)\n• section 20 (1) or (2)\n• section 27 (1) or (3)\n• section 34 (1)\n• section 38 (1)\n• section 44 (2)\n• section 45 (1) or (2)\n• section 50 (1)\n• section 53C (1)\n","sortOrder":78},{"sectionNumber":"64A","sectionType":"section","heading":"Forfeiture of certain publications, films and computer","content":"64A Forfeiture of certain publications, films and computer\ngames\n(1) If a person is convicted of an offence in relation to a publication, film\nor computer game that is classified RC, the court may order that the\npublication, film or computer game is forfeited to the Territory.\n(2) This section does not apply to a film seized under section 54W.\n\nMiscellaneous Part 8\nSection 65\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Publication to prescribed entity","content":"65 Publication to prescribed entity\nDespite anything to the contrary in this Act, a person may publish to\na prescribed person or body, or to a person or body in a prescribed\nclass 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":80},{"sectionNumber":"66","sectionType":"section","heading":"Acts and omissions of representatives","content":"66 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n\nSection 67\npage 78 Classification (Publications, Films and Computer\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":81},{"sectionNumber":"67","sectionType":"section","heading":"Determination of fees","content":"67 Determination of fees\n(1) The Minister may, in writing, determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":82},{"sectionNumber":"69","sectionType":"section","heading":"Regulation-making power","content":"69 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\nSchedule 1 Reviewable decisions\n(see pt 7A)\nitem\nsection\ndecision\ncolumn 4\nentity\n1 54E (1) (b) refuse to grant licence applicant for licence\n2 54E (2) grant licence subject to\nconditions\napplicant for licence\n3 54K (1) vary condition of\nlicence\nlicensee\n4 54N (1) cancel licence entity that has licence\ncancelled\n5 54YB (1) refuse to approve\nextension of defined\nperiod in relation to\nseized film or\nextension\n6 54YB (1) approve extension of\ndefined period in\nrelation to seized film\nor computer game for\nperiod less than that\napplied for\nextension\n7 54ZB (1) destroy seized film or\nentity that had film or\nseized\n\n","sortOrder":83},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\npage 80 Classification (Publications, Films and Computer\nitem\nsection\ndecision\ncolumn 4\nentity\n8 55 refuse to exempt film,\npublication, computer\ngame or advertisement\n9 55 state provisions of Act\nfrom which film,\npublication, computer\ngame or advertisement\nis exempt\n10 55 state conditions subject\nto which exemption is\ngiven\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• adult\n• commissioner for fair trading\n• director-general (see s 163)\n• exercise\n• function\n• individual\n• reviewable decision notice\n• the Territory\n• under.\nacceptable proof of age, in relation to a person, means documentary\nevidence that might reasonably be accepted as applying to the person\nand as showing that the person is an adult.\nadvertisement—see the Commonwealth Act, section 5 (Definitions).\nadvertising scheme means the scheme determined from time to time\nunder the Commonwealth Act, section 31 (1).\napproved form means a form approved under the Commonwealth\nAct, section 8A.\nat premises includes in or on the premises.\nboard means the Classification Board established by the\nCommonwealth Act, section 45.\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 permit\nto be bought or exchanged or hired, whether by retail or wholesale.\n\npage 82 Classification (Publications, Films and Computer\nclassified—\n(a) means classified under the Commonwealth Act, and includes\nreclassified under that Act; and\n(b) for division 6A.2 (Seized films and computer games)—see\nsection 54Y.\ncommissioner means the commissioner for fair trading.\nCommonwealth Act means the Classification (Publications, Films\nand Computer Games) Act 1995 (Cwlth).\ncomputer game—see the Commonwealth Act, section 5A (Meaning\nof computer game).\nconsumer advice means consumer advice determined under the\nCommonwealth Act, section 20.\nconvenor means the Convenor of the Review Board appointed under\nthe Commonwealth Act, section 74.\ndeal in, X 18+ films, for part 6 (X 18+ films)—see section 54A.\ndefined offence, in relation to a seized film or computer game, for\ndivision 6A.2 (Seized films and computer games)—see section 54Y.\ndefined period, in relation to a seized film or computer game, for\ndivision 6A.2 (Seized films and computer games)—see section 54Y.\ndemonstrate includes exhibit, display, screen or make available for\nplaying.\ndeputy director means the deputy director of the board.\ndetermined markings means markings determined under the\nCommonwealth Act, section 8.\ndirector means the director of the board.\nexempt computer game—see the Commonwealth Act, section 5\n(Definitions).\n\nexempt film—see the Commonwealth Act, section 5 (Definitions).\nexhibit—\n(a) in relation to a film—means projected or screen; and\n(b) a film in a public place—see section 3.\nfilm—see the Commonwealth Act, section 5 (Definitions).\nguardian means an adult who is exercising parental control over a\nchild.\ninfluential person, for part 6 (X 18+ films)—see section 54A.\ninternational flight, in relation to an aircraft, means a flight that\npasses through the airspace over the territory of more than 1 country,\nand includes any part of the flight that may happen in Australia.\ninternational voyage, in relation to a vessel, means a voyage, whether\ndirect or indirect, between a place in Australia and a place outside\nAustralia, and includes any part of the voyage that may happen in\nAustralia.\nlicence, for part 6 (X 18+ films)—see section 54A.\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).\npublication—see the Commonwealth Act, section 5 (Definitions).\npublic place means any place which the public is entitled to use or\nwhich is open to or used by the public, whether on payment of money\nor otherwise.\npublish—see the Commonwealth Act, section 5 (Definitions).\nR 18+ computer game, for division 6A.1 (Enforcement)—see\nsection 54T.\n\npage 84 Classification (Publications, Films and Computer\nrestricted publications area means any premises, or part of premises,\nconstructed and managed in accordance with section 61.\nreviewable decision, for part 7A (Notification and review of\ndecisions)—see section 58.\nseized film or computer game, for division 6A.2 (Seized films and\ncomputer games)—see section 54Y.\nsell means sell or exchange or let on hire, and includes offer or display\nfor sale or exchange or hire, agree to sell, exchange or hire and cause\nor permit to be sold or exchanged or hired, whether by retail or\nwholesale.\nsubject to a conditional cultural exemption—for when a publication,\nfilm or computer game is subject to a conditional cultural\nexemption—see the Commonwealth Act, section 6C and section 6E.\nsubmittable publication—see the Commonwealth Act, section 5\n(Definitions).\nX 18+ film—\n(a) means a film classified X 18+; and\n(b) for division 6A.1 (Enforcement)—see section 54T.\n\nAbout the endnotes 1\n","sortOrder":84},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":85},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\npage 86 Classification (Publications, Films and Computer\n(Enforcement) Act 1995 A1995-47\nnotified 18 December 1995 (Gaz 1995 No S306)\ns 1, s 2 commenced 18 December 1995 (s 2 (1))\nremainder commenced 1 January 1996 (s 2 (2) (a) and see Cwlth\nGaz 1995 No GN50)\nas amended by\n(Enforcement) (Amendment) Act 1996 A1996-46\nnotified 19 September 1996 (Gaz 1996 No S234)\ncommenced 19 September 1996 (s 2)\n(Enforcement) (Amendment) Act (No 2) 1996 A1996-77\nnotified 20 December 1996 (Gaz 1996 No S328)\nss 1-3 commenced 20 December 1996 (s 2 (1))\nss 4-18 commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S349)\nremainder commenced 8 January 1997 (s 2 (2) and Gaz 1997 No S2)\n(Enforcement) (Amendment) Act 1997 A1997-108\nnotified 24 December 1997 (Gaz 1997 No S420)\ncommenced 24 December 1997 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 62\nnotified 26 July 2001 (Gaz 2001 No 30) (Gaz 1995 No S306)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 62 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\n(Enforcement) Amendment Act 2001 A2001-72\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\nremainder commenced 23 March 2002 (s 2 (2))\n\nLegislation history 3\nLegislation Amendment Act 2002 A2002-11 pt 2.7\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.7 commenced 28 May 2002 (s 2 (2))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.4\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.4 commenced 9 April 2004 (s 2 (1))\n(Enforcement) Amendment Act 2005 A2005-8\nnotified LR 14 March 2005\ns 1, s 2 commenced 14 March 2005 (LA s 75 (1))\nremainder commenced 17 June 2005 (s 2 and CN2005-8)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.5\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.5 commenced 22 December 2005 (s 2 (4))\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 1 pt 1.2\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 29 September 2006 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.17\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.17 commenced 12 April 2007 (s 2 (1))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.20\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.20 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\npage 88 Classification (Publications, Films and Computer\n(Enforcement) Amendment Act 2009 A2009-3\nnotified LR 18 February 2009\ns 1, s 2 commenced 18 February 2009 (LA s 75 (1))\nsch 2 commenced 1 July 2009 (s 2 (2) and see Classification\n(Publications, Films and Computer Games) Amendment (Assessments\nand Advertising) Act 2008 No 69 2008 (Cwlth) s 2)\nremainder commenced 19 February 2009 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2011\nA2011-16 sch 1 pt 1.4\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (a))\nsch 1 pt 1.4 commenced 17 November 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.28\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.28 commenced 1 July 2011 (s 2 (1))\n(Enforcement) Amendment Act 2012 A2012-44\nnotified LR 3 September 2012\ns 1, s 2 commenced 3 September 2012 (LA s 75 (1))\nremainder commenced 1 January 2013 (s 2)\nJustice and Community Safety Legislation (Red Tape Reduction\nNo 1—Licence Periods) Amendment Act 2013 A2013-28 pt 4\nnotified LR 21 August 2013\ns 1, s 2 commenced 21 August 2013 (LA s 75 (1))\npt 4 commenced 22 August 2013 (s 2)\n\nLegislation history 3\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.1\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\namdts 1.2, 1.3 and 1.11 commenced 21 May 2015 (s 2 (3) (b))\namdts 1.1 and 1.16 to 1.20 commenced 11 September 2015\n(s 2 (2) (a) and see Classification (Publications, Films and Computer\nGames) Amendment (Classification Tools and Other Measures) Act\n","sortOrder":86},{"sectionNumber":"2014","sectionType":"section","heading":"No 99 (Cwlth) s 2 (1))","content":"2014 No 99 (Cwlth) s 2 (1))\nsch 1 pt 1.1 remainder commenced 21 May 2015 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 pt 6\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 6 commenced 27 August 2021 (s 2 (7))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.18,\nsch 4 pt 4.31\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.18, sch 4 pt 4.31 commenced 16 November 2025 (s 2 (1),\n(9))\n\npage 90 Classification (Publications, Films and Computer\nName of Act\ns 1 sub A2001-72 amdt 1.1\ns 2 om A2001-44 amdt 1.720\nins A2001-72 amdt 1.1\nNotes\ns 2A renum as s 3\nOffences against Act—application of Criminal Code etc\ns 2B renum as s 4\nNotes\ns 3 orig s 3\ndefs reloc to dict A2001-72 amdt 1.3\nom A2001-72 amdt 1.4\ndef approved advertisement om A2001-72 amdt 1.2\ndef business day om A2001-72 amdt 1.2\ndef classification certificate om A2001-72 amdt 1.2\ndef computer game om A2001-72 amdt 1.2\ndef court om A2001-72 amdt 1.2\ndef determined fee om A2001-44 amdt 1.721\ndef film om A2001-72 amdt 1.2\ndef publication om A2001-72 amdt 1.2\ndef publish om A2001-72 amdt 1.2\ndef submittable publication om A2001-72 amdt 1.2\nprev s 3\n(prev s 4) renum as s 3 and then s 5\npres s 3\n(prev s 5) ins A2005-8 s 5\nrenum and reloc as s 2A A2007-3 amdt 3.70\nrenum as s 3 A2007-3 amdt 3.71\nOffences against Act—application of Criminal Code etc\ns 4 orig s 4\nrenum as s 3 and then s 5\nprev s 4\n(prev s 5) renum as s 4 and then s 6\npres s 4\n(prev s 6) sub A2005-8 s 5\nrenum and reloc as s 2B A2007-3 amdt 3.70\nrenum as s 4 A2007-3 amdt 3.71\n\nExhibition of film\ns 5 orig s 5\nrenum and reloc as s 2A and then s 3\npres s 5\n(prev s 4) renum as s 3 A2005-8 s 4\nrenum as s 5 A2007-3 amdt 3.71\nFilms consisting only of classified films\ns 5A ins A2009-3 amdt 1.1\nApplication of Act\ns 6 orig s 6\nrenum and reloc as s 2B and then s 4\npres s 6\n(prev s 5) sub A2001-72 s 6\nrenum as s 4 A2005-8 s 4\nrenum as s 6 A2007-3 amdt 3.71\nam A2015-11 amdt 1.1\nFilms\npt 2 hdg sub A2005-8 s 6\nExhibition of films\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA (see A2001-72 amdt 1.28)\nExhibition of film in public place\ns 7 hdg sub A2001-72 amdt 1.5\ns 7 am A2001-44 amdt 1.722\nam A2009-3 amdt 1.2; A2015-11 amdt 1.2\nExhibition of films—display of notice about classifications\ns 8 sub A2005-8 s 6\nExhibition of RC and X 18+ films\ns 9 sub A2005-8 s 6\nExhibition of unclassified, RC, X 18+, R 18+ and MA 15+ films\ns 10 sub A2005-8 s 6\nAttendance of child at certain films—offence by parents etc\ns 11 sub A2005-8 s 6\nAttendance of child at certain films—offence by child\ns 12 sub A2005-8 s 6\nPrivate exhibition of certain films in presence of child\ns 13 sub A2005-8 s 6\n\npage 92 Classification (Publications, Films and Computer\nAttendance of child at R 18+ film—offence by exhibitor\ns 14 sub A2005-8 s 6\nAttendance of child at MA 15+ film—offence by exhibitor\ns 15 sub A2005-8 s 6\nSale of films\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA (see A2001-72 amdt 1.28)\nUnclassified and RC films\ns 16 sub A2005-8 s 6\nClassified films\ns 17 hdg sub A2001-72 amdt 1.6\ns 17 am A2001-44 amdt 1.723\nam A2009-3 amdt 1.3; A2015-11 amdt 1.3\nSale of films—display of notice about classifications\ns 18 am A2001-72 s 7\nFilms to display determined markings and consumer advice\ns 19 sub A2005-8 s 6\nam A2009-3 amdt 1.4; A2015-11 amdt 1.4\nPossessing unclassified or RC films and other films at certain premises\ns 20 am A1996-77\nDisplay of X 18+ films for sale\ns 21 sub A2005-8 s 6\nSale of X 18+ films\ns 22 am A2001-72 amdt 1.7\nSale or delivery of certain films to child\ns 23 sub A2005-8 s 6\nBuying certain films—offence by child\ns 24 am A1996-77; A1997-108\nMiscellaneous\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R2 LA (see A2001-72 amdt 1.28)\nPower to ask name, age and address\ns 25 sub A2005-8 s 6\n\nLeaving films in certain places\ns 26 am A2001-72 s 8\nPossessing or copying film\ns 27 am A2001-72 s 9\nSale or delivery of publications contrary to conditions\ns 27A ins A2001-72 s 10\nom A2005-8 s 6\nConsumer advice for unrestricted publications\ns 27B ins A2001-72 s 10\nom A2005-8 s 6\nPublications\npt 3 hdg sub A2005-8 s 6\nSale of unclassified RC publications\ns 28 sub A2005-8 s 6\nCategory 1 restricted publications\ns 29 am A2001-72 s 11\nam A2015-11 amdt 1.5, 1.6\nCategory 2 restricted publications\ns 30 sub A2005-8 s 6\nam A2015-11 amdt 1.7, 1.8\nSale or delivery of publications contrary to conditions\ns 31 sub A2005-8 s 6\nConsumer advice for unrestricted publication\ns 32 sub A2005-8 s 6\nPublications classified unrestricted\ns 33 sub A2005-8 s 6\nMisleading or deceptive markings\ns 34 hdg sub A2001-72 amdt 1.8\ns 34 am A2001-44 amdt 1.724\nam A2015-11 amdt 1.9, 1.10\nSale of restricted publications to child\ns 35 sub A2005-8 s 6\nLeaving publications in certain places\ns 36 sub A2005-8 s 6\n\npage 94 Classification (Publications, Films and Computer\nPossessing or copying publication for purpose of publishing\ns 37 sub A2005-8 s 6\nComputer games\npt 4 hdg sub A2005-8 s 6\nSale of computer game or demonstration in public place\ns 38 sub A2005-8 s 6\nam A2015-11 amdt 1.11\nComputer games—display of notice about classifications\ns 39 am A2001-72 s 12, s 13; ss renum R3 LA (see A2001-72 s 14)\nRC computer games\ns 40 am A2001-72 amdt 1.9\nDemonstration of R 18+ and MA 15+ computer games\ns 41 sub A2005-8 s 6; A2012-44 s 4\nDemonstration of unclassified, RC, R 18+ and MA 15+ computer games\ns 42 hdg sub A2012-44 s 5\ns 42 sub A2005-8 s 6\nam A2012-44 s 6, s 7\nPrivate demonstration of RC or R 18+ computer games in presence of child\ns 43 hdg sub A2012-44 s 8\ns 43 sub A2005-8 s 6\nam A2012-44 s 9, s 10\nComputer games to display determined markings and consumer advice\ns 44 am A2001-72 s 15, s 16\nam A2009-3 amdt 1.5; A2015-11 amdt 1.12\nPossessing unclassified or RC computer games and other computer games\ns 45 am A1996-46\nSale or delivery of certain computer games to child\ns 46 sub A2005-8 s 6\nam A2012-44 s 11, s 12\nLeaving computer games in certain places\ns 47 sub A2005-8 s 6\nam A2012-44 s 13, s 14\nPossessing or copying computer game for purpose of sale or demonstration\ns 48 sub A2005-8 s 6\nam A2012-44 s 15\n\nAdvertisements\npt 5 hdg sub A2005-8 s 6\nCertain advertisements not to be published\ns 49 sub A2005-8 s 6\nCertain films, publications and computer games not to be advertised\ns 50 am A2001-72 s 17\nam A2009-3 amdts 2.1-2.4; ss and pars renum R15 LA\nScreening advertisements with feature films\ns 51 am A2001-72 s 18\nam A2009-3 amdt 2.5; ss renum R15 LA\nLiability of occupier for certain advertisements\ns 52 sub A2005-8 s 6\nSale of feature films with advertisements\ns 53 am A2001-72 amdt 1.10\nam A2009-3 amdt 2.6; ss renum R15 LA; A2025-29 amdt 3.54\nAdvertisements with computer games\ns 53A ins A2005-8 s 6\nam A2009-3 amdt 2.7; ss renum R15 LA\nAdvertisement to contain determined markings and consumer advice\ns 53B ins A2005-8 s 6\nam A2009-3 amdt 1.6, amdt 1.7; A2015-11 amdt 1.13\nMisleading or deceptive advertisements\ns 53C ins A2005-8 s 6\nam A2015-11 amdt 1.14, amd 1.15\nAdvertisements for category 1 restricted or category 2 restricted\npublications\ns 53D ins A2005-8 s 6\nAdvertisements and X 18+ films\ns 53E ins A2005-8 s 6\nClassification symbols etc to be published with advertisements\ns 54 sub A2005-8 s 6\nX 18+ films\npt 6 hdg ins A1996-77\nsub A2005-8 s 7\nPreliminary\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R2 LA (see A2001-72 amdt 1.28)\n\npage 96 Classification (Publications, Films and Computer\nDefinitions—pt 6\ns 54A hdg sub A2001-72 amdt 1.11\ns 54A ins A1996-77\nam A2001-72 amdts 1.12-1.14\ndef deal in ins A2020-42 s 19\ndef offence om A2002-11 amdt 2.14\ndef registrar am A2005-8 s 8\nom A2011-16 amdt 1.5\nX 18+ film licences\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R2 LA (see A2001-72 amdt 1.28)\nsub A2005-8 s 9\nRegistrar of X 18+ Film Licences\ns 54B hdg am A2005-8 s 10\ns 54B ins A1996-77\nam A2005-8 s 10\nsub A2007-3 amdt 3.72\n(2)-(4) exp 12 April 2008 (s 54B (4) (LA s 88 declaration\napplies))\nam A2011-22 amdt 1.93\nom A2011-16 amdt 1.6\nDelegation by registrar\ns 54BA ins A2006-40 amdt 1.6\nom A2011-16 amdt 1.6\nApplication for X 18+ film licence\ns 54C hdg am A2005-8 s 10\ns 54C ins A1996-77\nsub A2001-44 amdt 1.725\nam A2005-8 s 10; A2011-16 amdt 1.7\nsub A2020-42 s 20\nFurther information on licence application\ns 54D ins A1996-77\nGrant or refusal of licence\ns 54E ins A1996-77\nam A2001-44 amdt 1.726; A2001-72 amdt 1.15; A2005-8 s 10;\nA2011-16 amdt 1.13; A2020-42 s 21\nForm of licence\ns 54F ins A1996-77\nam A2005-8 s 10; A2020-42 s 22; pars renum R23 LA\nTerm of licence\ns 54G ins A1996-77\nam A2013-28 s 9\n\nRenewal of licence\ns 54H ins A1996-77\nam A2001-44 amdts 1.727-1.729; A2011-16 amdt 1.13;\nA2013-28 s 10; A2020-42 s 23\nPayment by instalments\ns 54J ins A1996-77\nVariation of conditions\ns 54K ins A1996-77\nam A2005-8 s 11; ss renum R7 LA (see A2005-8 s 12);\nA2011-16 amdt 1.13\nChange of licensed premises\ns 54L ins A1996-77\nsub A2005-8 s 13\nChange of activity under a licence\ns 54M ins A1996-77\nsub A2005-8 s 13\nom A2020-42 s 24\nCancellation\ns 54N ins A1996-77\nam A2001-72 amdt 1.16; A2011-16 amdt 1.13\nSurrender of licence\ns 54P ins A1996-77\nsub A2005-8 s 14\nam A2011-16 amdt 1.13; A2020-42 s 25\nReturn of licence\ns 54Q ins A1996-77\nsub A2005-8 s 14\nReview of decisions\ndiv 6.3 hdg (prev pt 6 div 3 hdg) renum R2 LA (see A2001-72 amdt 1.28)\nNotice of decisions\ns 54R ins A1996-77\nam A1997-108\nss renum R2 LA\n\npage 98 Classification (Publications, Films and Computer\nReview by administrative appeals tribunal\ns 54S ins A1996-77\nEnforcement\ndiv 6.4 hdg renum as div 6A.1 hdg\nSeized films\ndiv 6.5 hdg renum as div 6A.2 hdg\nEnforcement for X 18+ films and R 18+ computer games\npt 6A hdg ins A2012-44 s 16\nEnforcement\ndiv 6A.1 hdg (prev pt 6 div 4 hdg) renum as div 6.4 hdg R2 LA (see\nA2001-72 amdt 1.28)\nrenum as div 6A.1 hdg A2012-44 s 16\nDefinitions—div 6A.1\ns 54T hdg sub A2001-72 amdt 1.17\nam A2005-8 s 15\nsub A2012-44 s 17\ns 54T ins A1996-77\nam A2005-8 s 15\ndef R 18+ computer game ins A2012-44 s 18\nInspectors\ns 54U ins A1996-77\nsub A2007-3 amdt 3.73\n(2)-(4) exp 12 April 2008 (s 54U (4) (LA s 88 declaration\napplies))\nam A2011-22 amdt 1.93; A2011-16 amdt 1.8\nIdentity cards\ns 54V ins A1996-77\nam A2001-72 amdt 1.18\nsub A2005-8 s 16\n(5)-(7) exp 17 June 2005 (s 54V (7))\nam A2011-22 amdt 1.93; A2011-16 amdt 1.9; ss renum\nR17 LA\nPowers of entry, search etc\ns 54W ins A1996-77\nam A2001-72 amdt 1.19; A2005-8 s 17, s 18; A2012-44\nss 19-21\nConsent to entry and inspection\ns 54X ins A1996-77\n\nSeized films and computer games\ndiv 6A.2 hdg (prev pt 6 div 5 hdg) ins A1997-108\nrenum as div 6.5 hdg R2 LA (see A2001-72 amdt 1.28)\nrenum as div 6A.2 hdg A2012-44 s 16\nDefinitions—div 6A.2\ns 54Y hdg sub A2001-72 amdt 1.20\ns 54Y ins A1996-77\nsub A1997-108\nam A2001-72 amdt 1.21\n(2) renum R2 as s 54YA (see A2001-72 amdt 1.22)\n(3)-(5) renum R2 as s 54YB (see A2001-72 amdt 1.24)\nsub A2012-44 s 23\ndef classified ins A2012-44 s 23\ndef defined offence sub A2012-44 s 23\ndef defined period sub A2012-44 s 23\ndef seized film om A2012-44 s 23\ndef seized film or computer game ins A2012-44 s 23\nWhen proceeding for defined offence decided\ns 54YA hdg ins A2001-72 amdt 1.23\ns 54YA (prev s 54Y (2)) renum A2001-72 amdt 1.22\nExtension of defined period\ns 54YB hdg ins A2001-72 amdt 1.25\ns 54YB (prev s 54Y (3)-(5)) renum A2001-72 amdt 1.24\nam A2005-8 s 19; A2011-16 amdt 1.13; A2012-44 s 24, s 25\nNotice\ns 54Z ins A1997-108\nam A2005-8 s 19; A2011-16 amdt 1.13; A2012-44 s 26, s 27\nReturn of seized films or computer games\ns 54ZA hdg sub A2012-44 s 28\ns 54ZA ins A1997-108\nam A2005-8 s 19; A2011-16 amdt 1.13; A2012-44 s 29, s 30\nDestruction of seized films or computer games\ns 54ZB hdg sub A2012-44 s 31\ns 54ZB ins A1997-108\nam A2005-8 s 19; A2011-16 amdt 1.13; A2012-44 ss 32-35\nExemption—publications, films, computer games or advertisements\ns 55 am A1996-46\nMinisterial directions and guidelines\ns 56 am A1996-46; A2001-44 amdt 1.730; A2009-3 amdt 1.8\nom A2015-11 amdt 1.16\nins A2015-11 amdt 1.17\n\npage 100 Classification (Publications, Films and Computer\nOrganisations may be approved\ns 57 am A1996-46; A2001-44 amdts 1.731-1.733; ss renum R2 LA\n(see A2001-44 amdt 1.734); A2009-3 amdt 1.9, amdt 1.10; ss\nrenum R14 LA\nom A2015-11 amdt 1.16\nMinisterial directions and guidelines\ns 57A ins A1996-46\nom A2015-11 amdt 1.17\nNotification and review of decisions\npt 7A hdg ins A2008-37 amdt 1.72\nMeaning of reviewable decision—pt 7A\ns 58 am A1996-46\nsub A2008-37 amdt 1.72\nReviewable decision notices\ns 59 sub A2008-37 amdt 1.72\nApplications for review\ns 60 om A2001-72 amdt 1.26\nins A2008-37 amdt 1.72\nRestricted publications area—construction and management\ns 61 am A2001-44 amdt 1.735\nRestricted publications area—offences\ns 62 sub A2005-8 s 20\nCertificates as evidence\ns 63 sub A2005-8 s 20\nam A2009-3 amdt 1.11\nStarting prosecutions for offences\ns 64 am A1996-77\nsub A2005-60 amdt 1.13\nForfeiture of certain publications, films and computer games\ns 64A ins A1996-77\nam A1997-108\nPublication to prescribed entity\ns 65 am A2005-8 s 21\nAct and omissions of representatives\ns 66 sub A2004-15 amdt 1.4\n\nDetermination of fees\ns 67 sub A2001-44 amdt 1.736\nApproved forms—commissioner\ns 68 hdg am A2011-16 amdt 1.13\ns 68 sub A2001-44 amdt 1.736\nom A2020-42 s 26\nRegulation-making power\ns 69 sub A2001-44 amdt 1.736\nApplication of certain amendments made by Classification (Publications,\nFilms and Computer Games) (Enforcement) Amendment Act 2001\ns 70 ins A2001-72 s 19\nexp 31 December 2002 (s 70 (3))\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2015\npt 15 hdg ins A2015-11 amdt 1.18\nDefinitions—pt 15\ns 150 ins A2015-11 amdt 1.18\ndef commencement day ins A2015-11 amdt 1.18\ndef repealed sections ins A2015-11 amdt 1.18\nExemption in force before commencement day\ns 151 ins A2015-11 amdt 1.18\nApplication for exemption without decision before commencement day\ns 152 ins A2015-11 amdt 1.18\nExpiry—pt 15\ns 153 ins A2015-11 amdt 1.18\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.73\nam A2012-44 s 36; A2015-11 amdt 1.19\n\npage 102 Classification (Publications, Films and Computer\ndict ins A2001-72 amdt 1.27\ndefs reloc from s 3 A2001-72 amdt 1.3\nam A2008-37 amdt 1.74; A2009-3 s 4; A2011-22 amdt 1.94;\nA2011-16 amdt 1.10\ndef acceptable proof of age reloc from s 3 A2001-72\namdt 1.3\ndef adult reloc from s 3 A2001-72 amdt 1.3\nom R9 LA\ndef advertisement reloc from s 3 A2001-72 amdt 1.3\ndef advertising scheme ins A2009-3 amdt 2.8\ndef approved form reloc from s 3 A2001-72 amdt 1.3\nsub A2009-3 amdt 1.12\ndef at ins A2005-8 s 22\ndef board reloc from s 3 A2001-72 amdt 1.3\ndef buy reloc from s 3 A2001-72 amdt 1.3\ndef classified reloc from s 3 A2001-72 amdt 1.3\nsub A2012-44 s 37\ndef commissioner ins A2011-16 amdt 1.11\ndef Commonwealth Act reloc from s 3 A2001-72 amdt 1.3\ndef computer game ins A2001-72 amdt 1.27\nsub A2009-3 s 5\ndef consumer advice reloc from s 3 A2001-72 amdt 1.3\ndef convenor ins A2009-3 amdt 1.13\ndef deal in ins A2020-42 s 27\ndef defined offence ins A2001-72 amdt 1.27\nsub A2012-44 s 38\ndef defined period ins A2001-72 amdt 1.27\nsub A2012-44 s 38\ndef demonstrate reloc from s 3 A2001-72 amdt 1.3\ndef deputy director reloc from s 3 A2001-72 amdt 1.3\ndef determined markings reloc from s 3 A2001-72 amdt 1.3\ndef director reloc from s 3 A2001-72 amdt 1.3\ndef exempt computer game ins A2001-72 s 4\ndef exempt film ins A2001-72 s 4\ndef exhibit reloc from s 3 A2001-72 amdt 1.3\ndef film reloc from s 3 A2001-72 amdt 1.3\n\ndef guardian reloc from s 3 A2001-72 amdt 1.3\ndef influential person ins A2001-72 amdt 1.27\ndef international flight ins A2001-72 s 4\ndef international voyage ins A2001-72 s 4\ndef licence ins A2001-72 amdt 1.27\ndef place sub A2001-72 s 5\ndef publication om A2001-72 amdt 1.2\ndef public place reloc from s 3 A2001-72 amdt 1.3\ndef publish ins A2001-72 amdt 1.27\ndef R 18+ computer game ins A2012-44 s 39\ndef registrar ins A2001-72 amdt 1.27\nom A2011-16 amdt 1.12\ndef restricted publications area am A1996-46 s 4\nam A2025-29 amdt 3.55\ndef reviewable decision ins A2008-37 amdt 1.75\ndef seized film ins A2001-72 amdt 1.27\nom A2012-44 s 40\ndef seized film or computer game ins A2012-44 s 41\ndef sell reloc from s 3 A2001-72 amdt 1.3\ndef subject to a conditional cultural exemption ins\nA2015-11 amdt 1.20\ndef submittable publication ins A2001-72 amdt 1.27\ndef X 18+ film am A1996-77 s 4\nam A2005-8 s 23; A2012-44 s 42\n\n5 Earlier republications\npage 104 Classification (Publications, Films and Computer\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1997-108 31 December 1997\n2 A2001-72 30 January 2002\n3 A2001-72 23 March 2002\n3 (RI) A2001-72 9 August 2004\n4 A2002-11 30 May 2002\n4 (RI) A2002-11 9 August 2004\n5 A2002-11 1 January 2003\n5 (RI) A2002-11 9 August 2004\n6 A2004-15 9 April 2004\n6 (RI) A2004-15 9 August 2004\n7 A2005-8 17 June 2005\n8 A2005-8 18 June 2005\n9 A2005-60 22 December 2005\n10 A2006-40 29 September 2006\n11 A2007-3 12 April 2007\n12 A2007-3 13 April 2008\n13 A2008-37 2 February 2009\n14 A2009-3 19 February 2009\n15* A2009-3 1 July 2009\n16 A2011-22 1 July 2011\n\nExpired transitional or validating provisions 6\nRepublication No Amendments to Republication date\n17 A2011-22 17 November 2011\n18 A2012-44 1 January 2013\n19 A2013-28 22 August 2013\n20 A2015-11 21 May 2015\n21 A2015-11 11 September 2015\n22 A2015-11 12 September 2016\n23 A2020-42 27 August 2021\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":87}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's operational scope, as expressed in the republished text, extends beyond simple offence‑creation to include a licensing and targeted enforcement architecture for the most restricted material. Concretely: (1) a licensing pathway for dealing in X 18+ films with detailed application, conditions, renewal, instalment payment and cancellation procedures (Part 6, s 54C–54Q); (2) a specialised enforcement division for X 18+ films and R 18+ computer games empowering inspectors to enter, inspect, copy, seize and require assistance, and establishing administrative processes for notice, return and destruction of seized items (Part 6A, s 54T–54ZB); and (3) formalised notification and review pathways for certain administrative decisions (Part 7A and Schedule 1). These elements expand the Act from a set of criminal offences and labeling rules into an administrative-regulatory regime combining licensing, inspection and administrative remedies (see s 54E, s 54W, s 54ZB, and schedule 1)."},"complexity_factors":["Extensive cross-references to the Commonwealth classification law and reliance on externally determined classifications and markings (see dictionary and repeated references to the Commonwealth Act).","Multiple offence types with differing fault standards (ordinary fault, strict liability, absolute liability) across many provisions, increasing legal interpretation complexity (examples: strict liability s 8(2), absolute liability s 23(2), strict liability s 44(6)).","Detailed, tiered regulatory regimes for three different media types (publications, films, computer games) with partly overlapping but distinct rules (Parts 2–4).","An administrative licensing regime for X 18+ films with application, conditions, renewal, fee, variation and cancellation mechanics that interact with enforcement powers (Part 6, s 54C–54Q).","Robust enforcement powers including inspectors’ entry, seizure, copying and compelled assistance, with procedural safeguards and time-limited processes for return or destruction (Part 6A, s 54U–54ZB).","Complex advertiser and advertisement rules linked to programme/classification pairings and advertising schemes (Part 5, s 51–53A), requiring cross-checking of classifications and approved advertising forms.","Numerous defined terms in the Dictionary and schedule of reviewable decisions which materially affect operation and avenues for review (Dictionary, Schedule 1; Part 7A).","Multiple transitional and tolerance provisions (e.g. 30-day reclassification tolerances) and a history of amendments that affect interpretation and application (see sections providing tolerances: s 19(4)–(5); s 29(4)–(5); s 44(7)–(8))."],"plain_english_summary":"### What this Act does, who it affects, and how it works (plain English)\n\nThis Act enforces the national classification system for publications, films and computer games inside the Australian Capital Territory. Mechanically, it does three main things:\n\n- Prohibits and punishes unclassified or improperly classified activity. The Act makes it an offence to exhibit, sell, demonstrate or advertise certain unclassified items or items with particular classifications in public places or to children, and sets penalties for those offences (for example, exhibition or sale of unclassified or RC films/computer games: s 7, s 16, s 38, s 40; sale or delivery to children: s 23, s 46).  \n\n- Requires labelling, notices and consumer advice. Sellers and exhibitors must display approved notices, classification markings and consumer advice on premises, packaging, devices and in advertisements (see display requirements and penalties: s 8, s 18, s 19, s 44, s 53B, s 54).  \n\n- Creates an administrative enforcement and licensing framework for the most restricted material. The Act sets up a licence route to \"deal in\" X 18+ films (apply, fees, term, renewal, conditions, cancellation: s 54C–54Q), appoints inspectors with powers of entry, inspection and seizure (s 54U, s 54W), and gives the commissioner procedures for notice, return or destruction of seized items (s 54Z–54ZB). It also allows Minister or director to grant exemptions subject to conditions (s 55–56).\n\nWho pays and who decides\n\n- Businesses and individuals who sell, exhibit, demonstrate or advertise films, publications or computer games bear most of the direct cost and compliance obligations (examples: exhibitors — s 7, s 14; retailers — s 16, s 23; advertisers — s 49–54).  \n- License applicants and licensees for X 18+ films pay any fees and meet licence conditions set by the commissioner (see fee power: s 67; licence terms & instalments: s 54G, s 54H, s 54J).  \n- The commissioner for fair trading (\"commissioner\") makes licensing decisions and manages enforcement steps under this Act (see licence grant/refusal, conditions, cancellation: s 54E, s 54N). The Commonwealth Classification Board and director determine classifications, markings and consumer advice under the Commonwealth Act; this Act enforces those determinations (defined terms and cross-references: dictionary entries and references to the Commonwealth Act throughout).\n\nWhat behaviour the law changes (mechanisms, not judgements)\n\n- Sellers/exhibitors must check classification status and age, display the correct markings and notices, and refuse or restrict sales/exhibitions where required (age-check defences are available if acceptable proof of age is produced: see s 14(4), s 23(4), s 35(7)).  \n- Managers of restricted publications areas must control access, construct the area to prevent visibility from outside and supervise it while open (s 61–62).  \n- Businesses dealing in X 18+ films must obtain and maintain a licence, comply with licence conditions and administrative directions, and may face suspension or cancellation (s 54C–54N).\n\nKey implementation points, discretion and compliance burden\n\n- Multiple fault standards are used: strict liability, absolute liability and ordinary fault standards appear in different provisions. This affects the practical risk to businesses (examples: strict liability for some notice/marking offences — s 8(2), s 18(2), s 44(6); absolute liability for circumstances such as the person being a child in specified offences — s 23(2), s 36(2)).  \n- The commissioner has broad administrative discretion to impose licence conditions he or she believes, on reasonable grounds, are necessary in the public interest (s 54E(2)–(3)). That discretion is a lever for tailoring compliance but also a source of regulatory uncertainty about what specific conditions may be imposed.  \n- Inspectors may enter premises open for business without a warrant, inspect and copy records, seize items thought connected with offences, and require co‑operation (s 54W). Failure to comply with certain inspector requirements is itself an offence (s 54W(4)). Those powers accelerate enforcement but create compliance and recordkeeping obligations for businesses.\n- Seizure and retention processes include defined timeframes, notice and an administrative path to return or destruction (seizure → invitation to prove classification within the defined period → return if satisfied or destruction if not: s 54YB, s 54Z, s 54ZA, s 54ZB). Holding stock of unclassified items therefore carries a concrete risk of seizure and loss.\n\nTrade-offs, costs, incentives and likely private responses (mechanisms rather than judgments)\n\n- Licensing, marking and restricted‑area rules create administrative costs and operational constraints: licence fees and renewal cycles (s 54H, s 54J, s 67); fit-out and staffing for restricted areas (s 61–62); packaging and labelling costs (s 19, s 44). These are direct compliance costs borne by sellers and exhibitors.  \n- The Act restricts where and to whom certain goods can be marketed or sold (for example, X 18+ display rules and sale-by-request limits: s 21–22; advertising controls: s 49–53E). Mechanically, that shifts how vendors can distribute or advertise products and may incentivise different distribution channels (e.g. closed or licensed premises, online sales outside the Territory, or sales to prescribed entities under s 65).  \n- The Act concentrates enforcement benefits to those that comply (licensed operators, regulated retailers) while the costs of broad enforcement are borne by the enforcing agencies and by vendors facing sanctions for noncompliance. The licence and inspection regime can also raise barriers to entry for new providers because applicants are assessed on prior offences, bankruptcy, corporate winding up, and other matters (s 54E(4)).\n\nAdministrative review and procedural protections\n\n- Decisions listed in Schedule 1 (for example, refusal to grant a licence, cancellation, destruction of seized items, refusal of extensions) are reviewable and must be notified; affected persons may apply to the ACT Civil and Administrative Tribunal (Part 7A, schedule 1; s 58–60).  \n\nOther operational features to note (mechanical effects)\n\n- The Act cross‑references and enforces classification decisions, determined markings and consumer advice made under the Commonwealth classification legislation; the ACT Act does not itself classify items (see dictionary and repeated references to the Commonwealth Act).  \n- The Act contains a number of specific defenses and transitional tolerances (for example, 30‑day tolerances after reclassification decisions to allow re‑labelling: s 19(4)–(5), s 29(4)–(5), s 44(7)–(8), s 53B(3)–(4)). Those windows reduce immediate compliance disruption after a reclassification.\n\nBottom line (mechanical summary):\n- The Act turns Commonwealth classification decisions into enforceable local rules by creating offences, labelling and advertising requirements, a licence and inspection regime for the most restricted items, and administrative procedures for seizure, review and exemptions. The practical effects are compliance costs and procedural checks for sellers, exhibitors and advertisers, and expanded administrative powers for the commissioner and inspectors (see especially Part 2–4, Part 6, Part 6A, Part 5 and Part 7A)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3235},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1995 scope. While originally focused on films and publications, it has expanded to include a comprehensive parallel scheme for computer games (with substantial amendments in 2005, 2012, and 2015), a dedicated licensing system for X 18+ films (Part 6, added 1996), and a specialised enforcement division for X 18+ films and R 18+ computer games (Part 6A, inserted 2012). The enforcement mechanisms have also become more elaborate, moving from simple offences to include inspector powers, seizure protocols, and administrative review procedures."},"complexity_factors":["Extensive cross-referencing to the Commonwealth Classification Act (the ‘Commonwealth Act’), with many key definitions (e.g., ‘classified’, ‘computer game’, ‘publication’) imported via signpost definitions","Parallel regulatory schemes for films, publications, and computer games with subtle variations in offences and defences, creating triplicated but slightly different rules","Nested conditional logic and exceptions: for example, section 23 (sale of films to children) contains 12 subsections layering absolute liability, statutory defences, parental exceptions, and reasonable belief tests","40+ defined terms in the Dictionary, including complex concepts like ‘submittable publication’, ‘controlled space’, and ‘acceptable proof of age’","Administrative/licensing scheme in Part 6 for X 18+ films including application, renewal, variation, cancellation, and instalment payment provisions","Enforcement powers in Part 6A involving warrantless entry, consent protocols, seizure, retention periods, and destruction procedures with defined offence triggers","Multiple overlapping mental state standards: strict liability, absolute liability, and fault-based offences appear throughout, requiring careful navigation"],"plain_english_summary":"**What this law is about**\n\nThis law is the ACT’s rulebook for enforcing national movie, video game, and magazine ratings. It makes sure that anything sold or shown publicly carries an official classification (like G, PG, M, MA 15+, R 18+, or X 18+) and that sellers follow the age restrictions printed on the label.\n\n**Who it affects**\n\n*   **Retailers & cinemas**: Anyone selling DVDs, operating a cinema, or demonstrating video games in public\n*   **Adult shops**: Businesses selling X 18+ films (which need a special government licence)\n*   **Parents & guardians**: Responsible for what films their children attend or buy\n*   **Young people**: Under 18s face restrictions on what they can buy or watch\n\n**The basic rules**\n\n*   **Banned material is illegal**: You cannot sell, show, or even possess (with intent to sell) anything that is “RC” (Refused Classification – meaning banned) or that hasn’t been classified yet. Penalties include heavy fines and up to one year in jail.\n*   **Respect the age ratings**:\n    *   **MA 15+**: Only for people 15 and over (younger children allowed only if with a parent/guardian)\n    *   **R 18+**: Strictly for adults only\n    *   **X 18+**: Adult content with extra restrictions (see below)\n*   **Label clearly**: All products must display their classification symbol and any consumer advice (e.g., “Strong coarse language”). It is illegal to sell something with the wrong label or no label.\n*   **Don’t sell adult content to kids**: Selling R 18+ or X 18+ material to children is an offence. However, a seller has a defence if they checked “acceptable proof of age” (like a driver’s licence) and honestly believed the buyer was an adult.\n*   **Be careful where you leave things**: Leaving restricted films, games, or magazines in public places (or on private property without permission) is illegal.\n\n**Special rules for X 18+ adult films**\n\nThese are strictly controlled:\n*   Sellers must hold a specific **licence** from the ACT Government and can only sell from specially designed “restricted publications areas” (behind closed doors, completely hidden from public view)\n*   Films must be sold in opaque (non-see-through) packaging\n*   They cannot be displayed openly or sold to anyone who hasn’t specifically asked for them\n\n**Computer games**\n\nThe rules mirror those for films. Games must be classified, cannot be sold if banned, and age restrictions apply. Demonstrating an MA 15+ or R 18+ game in public requires checking IDs and restricting entry to the appropriate age groups.\n\n**Advertising**\n\nYou cannot advertise banned (RC) material. Ads for restricted films or games must display the correct classification symbol and cannot mislead people about the rating. There are also rules about what ads can be shown before a feature film at the cinema.\n\n**Enforcement**\n\nGovernment inspectors can enter business premises during opening hours (or any time with permission) to check compliance. They can seize illegal material, and there are specific rules about when seized items must be returned or can be destroyed.\n\n**Exemptions**\n\nThe Minister can grant exemptions for specific items (for example, for educational, artistic, or cultural purposes)."}},"importantCases":[],"_links":{"self":"/api/acts/classification-publications-films-and-computer-games-enforcement-act-1995","history":"/api/acts/classification-publications-films-and-computer-games-enforcement-act-1995/history","analysis":"/api/acts/classification-publications-films-and-computer-games-enforcement-act-1995/analysis","conflicts":"/api/acts/classification-publications-films-and-computer-games-enforcement-act-1995/conflicts","importantCases":"/api/acts/classification-publications-films-and-computer-games-enforcement-act-1995/important-cases","documents":"/api/acts/classification-publications-films-and-computer-games-enforcement-act-1995/documents"}}