Censorship Regulations 1996

Modified penalty. This is the fixed dollar amount an alleged offender can pay to discharge liability for a prescribed offence without a court hearing. It is not the maximum or minimum penalty under the Act; it is a precise amount set by the regulations for the infringement notice pathway. An individual pays the amount in column 2 of Schedule 1; a body corporate pays the higher amount in column 3. For example, an offence under section 65A (which concerns displaying or advertising certain restricted material) costs an individual $500 and a body corporate $2,500. The modified penalty is lower than the maximum court penalty for the same offence, which creates an incentive to pay promptly.

Prescribed offence. An offence listed in Schedule 1 column 1. Only these offences can be the subject of an infringement notice. The list draws from sections of the Act that deal with sale, hire, display, advertising, and possession of classification restricted or refused classification material, as well as some administrative offences (e.g., failing to display classification markings, failing to produce records). If a person commits an offence that is not in Schedule 1, the infringement notice scheme does not apply and prosecution must proceed by summons or arrest.

Infringement notice. A document in the prescribed form (Form 1) issued by a police officer or authorised person. It contains the alleged offender’s details, a description of the alleged offence, the modified penalty amount, and instructions on what to do. The reverse side contains the election for court action and payment details. The front includes a warning about enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if no action is taken within 28 days.

Withdrawal of infringement notice. Form 2 is the prescribed form for withdrawing a notice. The authorised person who issued the notice (or another authorised person) completes it and serves it on the alleged offender. The form offers two options: either no further action will be taken, or a summons will be issued instead. This reflects the fact that withdrawal does not necessarily extinguish the alleged offence; the issuer can still prosecute.

Registration of premises. Under section 131 of the Act, a person who carries on a business of selling, hiring, or exhibiting publications, films, or computer games must register each premises with the authority. Regulation 9 fixes the fee for registration and renewal at $89.50 per premises. That fee is not a flat annual fee; it is the fee for each application for registration or renewal, so a business with multiple outlets pays per outlet. The fee is adjusted yearly by amendment regulations (e.g., SL 2025/111 increased it from the previous $84.60? Actually the compilation shows amendments year by year; the current amount is $89.50 from 1 July 2025).

Register. The register of registered premises is maintained under section 135 of the Act. Regulation 10 prescribes the fees for inspecting the register ($5.65) and for obtaining copies ($1.15 per page). These fees are also indexed annually. The register is a public document, but access is not free.

Retailers and hirers of classified material. Anyone who operates a business that sells, rents, or exhibits publications, films, or computer games in Western Australia must register each premises and pay the prescribed registration fee. This includes newsagencies, video stores, gaming arcades, and convenience stores that sell restricted publications. The fee is per premises, so a chain of 20 stores pays $1,790 annually. The business must also pay the renewal fee each year. Failure to register is itself an offence under the Act (not listed in Schedule 1, so it cannot be dealt with by infringement notice; it must go to court). The regulations indirectly affect these businesses by setting the cost of compliance.

Employees of those businesses. Many of the prescribed offences in Schedule 1 apply to individuals who sell or display material in breach of classification restrictions. For example, section 64(1) (sell restricted publication to a minor) and section 65(1) (display restricted publication in a public place) are everyday risks for shop assistants. An employee may receive an infringement notice personally. The modified penalty for an individual is lower than for a body corporate, but the employee bears the financial sting, not the employer. However, the regulations do not distinguish between employee and independent offender; the same penalty applies.

Bodies corporate. The regulations impose significantly higher modified penalties on bodies corporate. For most offences, the body corporate penalty is five times the individual penalty (e.g., $2,500 vs $500 for s.65(1)). This reflects the Act’s assumption that corporations have deeper pockets and greater responsibility for systemic compliance. A company cannot pay the individual rate; it must pay the corporate rate.

Police officers and authorised persons. They are the issuing authorities. The regulations empower them to use a simplified administrative process for minor offences. They must use the prescribed forms correctly; otherwise, the notice may be invalid. The regulations do not prescribe who is an “authorised person” - that is left to the Act.

The enforcement agency (WA Department of Justice or Fines Enforcement Registry). The infringement notice system feeds into the Fines, Penalties and Infringement Notices Enforcement Act 1994. When a notice is not paid and no court election is made, the matter is referred for enforcement, which may include suspension of driver’s licence, vehicle registration, and property seizure. The regulations do not specify who processes payments; that is an operational matter. However, Form 1 requires the police to insert payment details, and the reverse side advises payment to a specified address.

The public/public interest groups. The register of premises is open to inspection (for a fee) and copying (per page fee). This affects journalists, researchers, or anyone wanting to know which premises are registered to sell classified material. The fees are modest but may deter casual inspection.

Small independent businesses are particularly affected by the registration fee, because it is a per premises cost and is indexed annually. For a single outlet, $89.50 is not onerous, but combined with other regulatory costs it adds up. The infringement notice penalties, while low, represent a real cost if a staff member makes a mistake. A small business cannot easily absorb an employee’s $500 fine, yet the employee is the one who pays. The business may need to implement training and supervision to avoid notices, which is a compliance cost not directly addressed by the regulations but resulting from their existence.

Duty to pay the modified penalty within 28 days. The recipient of an infringement notice has the option to pay the modified penalty within 28 days after service. Payment discharges all liability for the alleged offence (section 117F of the Act). The notice itself must state the amount and the period. If the recipient pays, they cannot later contest the offence; the payment is an admission of liability (or at least a waiver of the right to contest). The regulations do not specify a method of payment; Form 1 provides for posting a cheque or money order, or paying in person. The recipient must follow the instructions on the notice exactly.

Right to elect to have the matter heard by a court. The recipient may instead complete the reverse side of Form 1, electing to have the offence dealt with by a court. This must be done within 28 days. The recipient then returns the notice to the specified address. The effect is that the infringement notice is treated as if it were a summons; the court will decide guilt or innocence. This right preserves access to due process. If the recipient is found not guilty, no penalty is imposed. If guilty, the court may impose a penalty higher or lower than the modified penalty, plus costs. The regulations do not set any threshold; any alleged offender can elect court.

Right to have the infringement notice withdrawn. Section 117G of the Act allows the authorised person who issued the notice to withdraw it by serving a withdrawal notice. The regulations prescribe Form 2 for this purpose. The withdrawal notice must specify whether no further action will be taken or whether a summons will be issued. The recipient has no right to demand withdrawal; it is at the discretion of the issuer. However, if the notice is withdrawn before payment or court election, the recipient is entitled to a refund of any amount already paid (the form states this). This protects against double jeopardy.

Duty to register premises and pay the prescribed fee. Under section 131 of the Act, a person who carries on a business of selling, hiring, exhibiting, or distributing publications, films, or computer games must apply for registration of each premises. Regulation 9 sets the fee for registration and renewal. The duty is ongoing; if the fee changes annually, the applicant must pay the fee in force at the time of application. The regulations do not say when renewal must occur; that is in the Act (likely annually). Failure to register or renew is an offence under the Act, but not listed in Schedule 1 as a prescribed offence, so it cannot be dealt with by infringement notice. This means a business cannot simply pay a fixed penalty; it must face court prosecution for unregistered premises. That is a noteworthy gap for compliance professionals.

Right to inspect and copy the register. Section 135 of the Act provides that the register of registered premises is open to inspection by the public. Regulation 10 prescribes the inspection fee ($5.65) and the copy fee ($1.15 per page). These fees are indexed annually. There is no stated cap; one could be charged $5.65 each time they inspect. The right is not free, but the fees are low.

No duty or right regarding the contents of the forms themselves. The forms are prescribed by the regulations. They are not optional. A police officer must not issue an infringement notice that deviates from the prescribed form. If they do, the notice may be invalid, and the recipient could argue the scheme does not apply. However, the regulations do not state the consequence of using a non-complying form; that would be a matter for the court.

Modified penalties in Schedule 1. The penalties range from $20 (individual only) for an offence under section 65D(5) (failing to produce identification for age verification) to $500 for an individual and $2,500 for a body corporate for more serious display or sale offences. The highest individual penalties are $500 for offences such as s.65(1) (displaying restricted publications in a public place), s.65A (displaying advertisements for restricted material), s.76(1),(2),(3) (various offences regarding computer games), s.77(1) (supplying computer game to minor), s.79(1) (exhibiting unclassified film), and several others. For bodies corporate, the highest modified penalty is $2,500. The penalties are fixed; the issuing officer has no discretion to reduce them. They are also low compared to the maximum court penalty under the Act, which can be up to $10,000 for individuals and $50,000 for bodies corporate (approximately, depending on the section). This creates a strong incentive to pay the notice rather than risk a court penalty.

Enforcement for non-payment. The infringement notice itself on its reverse side warns that if the recipient does not pay or elect court within 28 days, additional administrative charges may be incurred and enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. That Act provides for sanctions including suspension of driver’s licence, suspension or cancellation of vehicle licence, disqualification from holding a driver’s licence or vehicle licence, immobilisation of the vehicle, removal of number plates, publication of the person’s details on a website, garnishment of earnings or bank accounts, and seizure and sale of property. These are severe consequences for a $200 or $500 notice. The regulations do not specify the additional charges; that is left to the Fines Act. The notice must include the warning language as set out in Form 1. If the warning is incomplete or erroneous, the enforcement may be challenged.

Enforcement of registration fees. The registration fee under regulation 9 is not a penalty; it is a fee for a service (registration). Non-payment of the fee at the time of application means the application may be rejected, and the premises remain unregistered, which is an offence under the Act. The regulations do not prescribe any late payment fee or penalty for late renewal. That would be a matter for the Act.

Enforcement of inspection and copy fees. These are payable before the service is provided. The regulations do not specify any penalty for failure to pay; the register keeper can simply refuse inspection or copies until the fee is paid.

No criminal conviction. Payment of a modified penalty does not count as a conviction under the Act (section 117F). This is an important feature: the recipient avoids a criminal record. However, the payment is an admission of liability for that specific offence, which may be relevant for civil liability or for insurance purposes.

Multiple notices. The regulations do not limit the number of infringement notices that can be issued for separate offences. A person who commits multiple prescribed offences on the same occasion could receive multiple notices, each with its own penalty. There is no aggregation mechanism in the regulations. The cumulative cost could be substantial. For example, displaying ten different restricted publications could attract ten notices of $500 each for an individual, totalling $5,000. This is a real risk for a retailer with poor compliance.

The modified penalty is not indexed to inflation. The amounts in Schedule 1 have not been changed since the schedule was inserted in 2004, except for the addition of new offence references. The $20 and $100 amounts are now quite low, but the $500 amounts have remained. This means the real value of the penalties has declined over time, potentially reducing deterrence. By contrast, the registration and inspection fees are increased annually. The policy choice is notable: the penalties that themselves fund enforcement? No, the penalties go to consolidated revenue. The fees cover the cost of administering the register.

Interaction with the Fines Act enforcement. The infringement notice scheme relies on the general system under the Fines, Penalties and Infringement Notices Enforcement Act 1994. That Act applies automatically unless the regulations say otherwise. The regulations do not opt out. Therefore, the full machinery of that Act applies. The infringement notice must include the warnings required by section 117E(4) of the Act (which refers to the Fines Act). The prescribed form includes those warnings on the front of Form 1.

Primary Act: Classification (Publications, Films and Computer Games) Enforcement Act 1996 (WA). The regulations are made under and subject to the Act. They implement specific sections: the infringement notice provisions (Part 5A, especially ss. 117D, 117E, 117G), the registration fee provision (s.131(1)(d)), and the register fee provision (s.135(5)). The Act itself creates the substantive offences (classification offences) and sets maximum penalties, as well as the scheme for registration. The regulations cannot exceed the scope of the Act. If the Act is amended to add new offences or change penalty structures, the regulations may need amending to include those offences in Schedule 1. Conversely, if a section referenced in Schedule 1 is repealed, the reference becomes inoperative. The regulations do not import any provisions from the National Classification Code (Commonwealth) but the Act itself gives effect to national classification decisions.

Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA). The infringement notice process is directly linked to this Act. The warning required by Form 1 explicitly references it. If a person does not pay or elect court, the enforcement action is taken under that Act. That includes the power to suspend driver’s licences and seize property. The regulations do not modify any provisions of that Act; they simply hook into it. The interaction is one-directional: the classification regulations feed into the fines enforcement system. Notably, the classification regulations do not create any custom enforcement mechanisms; they rely entirely on the general regime.

Criminal Code (WA) and other criminal procedure legislation. The election of court action under the infringement notice scheme leads to a prosecution under the Criminal Procedure Act 2004 (WA). The modified penalty scheme is an alternative to prosecution; if the recipient elects court, the matter proceeds as a normal criminal charge. The regulations do not affect evidentiary rules or burden of proof. The Act itself provides that an infringement notice is not a conviction, but if the matter goes to court, a conviction can result.

Administrative fees legislation. The registration fee and inspection fees are updated annually through Attorney General Regulations Amendment (Fees and Charges) Regulations series. These are made under the Financial Management Act 2006? Actually, the amending regulations are made under the Act itself, but they are likely subject to cost recovery guidelines. The fees have been increased yearly from 2022-2025, presumably reflecting increases in the cost of administering the register. The regulations do not refer to any statutory indexation formula; each amendment is a separate instrument.

National classification scheme. The Act is part of the cooperative national classification scheme. The Commonwealth Classification (Publications, Films and Computer Games) Act 1995 sets the classification categories (G, PG, M, MA15+, R18+, X18+, RC). The WA Act enforces those classifications. The regulations deal only with enforcement mechanisms, not with classification decisions. However, the prescribed offences in Schedule 1 are all based on the classification of material. If the Commonwealth Act changes categories, the WA Act and these regulations may need consequential amendments.

Occupational health and safety laws. Not directly relevant, but a business that fails to ensure employees comply with classification laws may face separate OHS issues. The infringement notices to employees may be evidence of a failure to train staff.

Anti-discrimination law. Not relevant here.

Commonwealth competition law. Not relevant here; the registration scheme does not restrict entry to the market beyond a registration requirement. The fee is a cost of doing business.

The regulations were originally made as the Censorship Regulations 1996 and commenced on 5 November 1996. The name changed to Classification (Publications, Films and Computer Games) Enforcement Regulations 1996 in 2012 when the Act was renamed. The amendment history is recorded in the compilation table.

2003 amendment (Censorship Amendment Regulations 2003). This deleted regulations 6, 7, 8, 11, and 12. The content of those deletions is not stated; they were likely transitional or spent provisions.

2004 amendment (Censorship Amendment Regulations 2004). This was a major restructuring. It inserted the current regulation 3 (prescribed offences and modified penalties), regulation 4 (form of infringement notice), regulation 5 (form of withdrawal of notice), Schedule 1 (prescribed offences and modified penalties), and Schedule 2 (Forms 1 and 2). The infringement notice scheme was introduced at that time. Before 2004, the regulations only had fees and some procedural provisions. The 2004 amendment created the entire infringement penalty framework.

2012 amendment (Censorship Amendment Regulations 2012). This amended regulation 1 (citation) to reflect the new name of the Act. Also amended Schedule 1 by updating the reference to the Act and possibly adding or adjusting offence references. The compilation shows “amended” at Schedule 1 entry. This was likely a clean-up to align with Act number.

2013 amendment (Classification (Publications, Films and Computer Games) Enforcement Amendment Regulations 2013). This amended Form 1 and Form 2, updating contact details or wording.

2020 amendment (Attorney General Regulations Amendment (Infringement Notices) Regulations 2020 Part 2). This amended Form 1, presumably to update the warning or administrative details.

2022, 2023, 2024, 2025 amendments (Attorney General Regulations Amendment (Fees and Charges) Regulations). These amended regulations 9 and 10 to increase the prescribed fees. Each year, the new fee was set: for registration, from 1 July 2022 fee X, 2023 fee Y, 2024 fee Z, 2025 fee $89.50. The inspection and copy fees were similarly updated. This annual amendment pattern indicates a policy of indexing fees to cost recovery or inflation. There is no legislative sunset; the amendments are ongoing.

Deleted provisions. Regulations 6-8 and 11-12 were deleted in 2003. They are not reproduced, so their content is unknown. Probably they dealt with transitional matters from the 1996 Act.

No amendments have been made to the penalty amounts in Schedule 1 since 2004. That is a notable gap. The penalties remain unchanged even as the fees have increased.

The regulations themselves are not a subject of litigation; they are subordinate legislation. However, there are several ways they could be litigated: (1) a challenge to the validity of an infringement notice based on non-compliance with the prescribed form; (2) a challenge to the amount of the modified penalty if it exceeded the maximum penalty under the Act (though the amounts are well below); (3) a challenge to the regulation-making power if a fee was set beyond the scope of the Act. The compilation notes do not contain any case references. The absence of litigation about these regulations is unsurprising. The amounts are small, so there is little incentive to challenge them compared to the cost of legal action. The enforcement through the Fines Act may give rise to challenges in the context of enforcement proceedings, but the regulations are unlikely to be the primary issue.

One potential area: if a police officer issues an infringement notice for an offence that is not listed in Schedule 1, the notice would be invalid. A person could argue in court that they were not properly subject to the scheme. For example, if the Act creates an offence under section 70(2) (which is not in Schedule 1), an infringement notice for that offence would be beyond power. The regulations explicitly list only certain sections. The litigation would centre on whether the notice was within the scope of the regulations.

Another possibility: the forms. If Form 1 as prescribed is insufficiently detailed (e.g., does not include all required information under section 117E(2) of the Act), a recipient could argue the notice is defective. The prescribed form includes fields for alleged offender details, offence description, penalty amount, and issuing officer. The reverse side includes election and payment instructions. The form appears to cover the statutory requirements. No case law is recorded in the regulations.

The registration fee may be challenged as an unreasonable tax if it is not related to the cost of administration, but Australian courts typically defer to the discretion of the Governor in setting fees. The annual increases may be challenged if they exceed cost recovery, but no such challenge is noted.

In summary, litigation history is sparse or non-existent. The regulations have operated for nearly 29 years without generating reported case law. This suggests they are well-drafted and uncontroversial in application.

Penalty amounts are not indexed. Despite inflation, Schedule 1 penalties have not been increased since 2004. This means the real deterrent effect has eroded. However, a business or individual should not assume the penalties are trivial. They are still enforceable and can lead to escalating enforcement under the Fines Act. Moreover, the statutory maximum penalties under the Act are much higher, and if the matter goes to court, a magistrate may impose a penalty many times the modified penalty. The modified penalty is a bargain; the alternative is worse.

The 28-day period runs from service. Service may be by post, requiring an assumption of receipt. If a notice is sent to an old address, the recipient may not receive it in time. The regulations do not address service; the Act does. If the recipient inadvertently misses the deadline, they lose the right to pay the modified penalty and may face the Fines Act enforcement. There is no provision in the regulations for an extension of time.

The same offence can lead to multiple notices. A police officer may issue a separate notice for each item displayed or each person sold to. A retailer who displays 20 restricted publications on an open shelf could receive 20 notices, each at $500. The total would be $10,000 for an individual - far more than a court would likely impose for a single course of conduct. The regulations do not aggregate. The court may convict the person of multiple counts and impose a fine, but the infringement notice scheme has no volume discount. This is a trap for the unwary.

Forms must be used exactly. The regulations prescribe Form 1 and Form 2. A police officer who modifies the form (e.g., omitting the warning language) may render the notice invalid. The recipient may then be able to argue they were not properly notified. However, the regulations do not say what happens if a non-complying form is used. It may be that the notice is still effective if it substantially complies. But a careful recipient might challenge it.

Registration fee increases annually. A business that fails to pay the current fee may have its application rejected. The fee is per premises, so a business with multiple sites must ensure each application uses the correct amount. The regulations do not provide a grace period for late payment of renewal; the Act likely requires renewal before expiry.

The register inspection fee is per inspection, not per session. If a researcher inspects the register multiple times on the same day, they pay $5.65 each time. The copy fee is per page; if the register is large, copying costs can add up.

Withdrawal of infringement notice can lead to prosecution. Form 2 offers two options: no further action or summons. The recipient has no control over which is chosen. If the notice is withdrawn and a summons issued, the recipient is worse off than if they had paid the modified penalty. So it is generally unwise to stall and hope for withdrawal.

No infringement notice option for some common offences. Some administrative offences under the Act are not in Schedule 1. For example, failing to register premises is not a prescribed offence. That means a business that forgets to register cannot simply pay a fixed penalty; it must be prosecuted. This could result in a criminal conviction and higher penalty.

The modified penalty is an admission of liability. While it avoids a conviction, it may still be used as evidence in a civil suit (e.g., for breach of contract). Also, if the recipient is a body corporate, the payment could be used as evidence of wrongdoing in shareholder or regulatory disputes.

The infringement notice can be issued to employees, not just the business. This can cause friction if the employer refuses to reimburse the employee. The employee cannot deflect liability to the employer under the infringement notice scheme; they are personally responsible.

If you receive an infringement notice. Inspect it for completeness: does it name the correct section from Schedule 1? Is the modified penalty the correct amount for an individual or body corporate? Is the issuing officer identified? If any detail is wrong, seek legal advice before paying. The safest course is to pay the amount within 28 days if you accept you committed the offence. Pay promptly by the method indicated (posting a cheque or paying in person). Keep the receipt. Do not ignore it; the Fines Act consequences are severe. If you believe you are not guilty, complete the election on the reverse and return it within 28 days to the address stated. You will then be summoned. Do not pay and also elect court; that will confuse the processing. Remember that electing court gives you a chance to contest but exposes you to a higher penalty and costs if you lose.

If you are a police officer or authorised person. Use only the prescribed forms. Fill in all fields legibly. Insert the correct amount from Schedule 1. Ensure the reverse side includes the election and payment details as printed. Serve the notice in accordance with the Act (personal service or post). If you later decide to withdraw the notice, use Form 2 and specify clearly whether no further action will be taken or whether a summons will issue.

If you operate a business that requires registration. Identify each premises where you sell, hire, exhibit, or distribute publications, films, or computer games. Apply for registration under section 131 of the Act. Pay the prescribed fee of $89.50 per premises (as at 1 July 2025). Check the current fee before applying; it changes on 1 July each year. Renew your registration annually before the due date. Keep the certificate of registration at the premises. You must also comply with the Act’s requirements regarding display of restricted material, age verification, and classification markings. The infringement notice scheme provides a quick remedy for employee mistakes, but the best compliance is training staff to avoid the underlying offences.

If you wish to inspect the register. If you need to check whether a competitor or supplier is registered, you may inspect the register at the relevant office. Pay the inspection fee of $5.65 (current as of 1 July 2025) before inspecting. If you want copies, pay $1.15 per page. There is no statutory right to receive copies by mail; you will likely need to attend in person or arrange with the administrator.

If your infringement notice is withdrawn. Do not assume you are in the clear. Check whether Form 2 says “no further action” or “summons to be issued.” If it says summons, prepare for court proceedings. If it says no further action, you are discharged but the notice may still be referred to in future.

General good practice. Keep a log of all infringement notices received or issued. For businesses, incorporate the modified penalty amounts into staff training so employees know the cost of mistakes. Budget for registration fee increases each year. Monitor the Gazette for amendments to the regulations, especially fees and any changes to Schedule 1 (though none have occurred since 2004). For legal practitioners, check the current version of the regulations on the WA legislation website before advising clients, because the compilation table shows the regulations are updated regularly even if the penalty amounts have not changed.