Northern Territory act

Classification of Publications, Films and Computer Games Act 1985

In ForceNT

Jurisdiction

Northern Territory

Collection

act

Plain English Summary

8/10 complexity

This Act implements a criminal and regulatory scheme governing the classification, exhibition, sale, advertising, production and distribution of publications, films and computer games in the Northern Territory, operating with the Commonwealth classification framework. It prescribes who must display classification markings and consumer advice, who may be refused or called in for classification, and sets penalties (fines, imprisonment, forfeiture) for non‑compliance. It matters because publishers, exhibitors, retailers, platform operators and venue managers must change practices (age checks, packaging, notices, advertising) to avoid legal and operational sanctions.

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What it does

This Act establishes a territorial regulatory framework for the classification, distribution, exhibition, production and advertising of publications, films and computer games in the Northern Territory. It gives legal effect, within the Territory, to the Commonwealth classification scheme by cross‑referencing the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (the Commonwealth Act) for core concepts, classification instruments and national bodies (see s 3, definition of Commonwealth Act and of National Board, National Director and Review Board). The Act sets criminal offences and civil regulatory duties for a suite of activities: exhibiting films in public (Part 4), selling and leaving films, publications and computer games (Parts 4-6), producing or copying films and games (Part 13), online transmission via computer services (Part 7), advertising (Part 8), and handling sexual articles and restricted publications areas (Parts 11-12). It also confers enforcement powers such as demands for particulars and expulsion (ss 51, 72), search and seizure (ss 110-111), forfeiture (s 112) and court processes for prosecution and evidentiary certificates (ss 113, 115).

Mechanically the Act operates as an implementation and enforcement vehicle for the Commonwealth classification apparatus. Many substantive definitions, classification mechanisms, and the "Advertising Scheme" are delegated to or adopted from the Commonwealth Act and instruments made under it (see s 3 definitions, ss 25 and 31(1) references). The National Director and National Board (Commonwealth bodies) are the decision makers for classification, consumer advice and determined markings; the Territory statute enforces compliance by Territory persons and businesses and supplies territorial penalties and administrative provisions (see s 25, s 115 as evidence of classification certificates).

Current sections

Direct links to the current provisions in Classification of Publications, Films and Computer Games Act 1985.

110

Short title

1 Short title This Act may be cited as the Classification of Publications, Films and Computer Games Act 1985.

Commencement

2 Commencement The several Parts or sections of this Act shall come into operation on such dates as are respectively fixed by the Administrator by notice in the Gazette.

Definitions

3 Definitions In this Act: acceptable proof of age, in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person and as showing that the person is an adult. advertisement, see section 5 the Commonwealth Act. Advertising Scheme means the scheme determined from time to time under section 31(1) of the Commonwealth Act. approved advertisement means an advertisement approved under section 29 of the Commonwealth Act. approved form means a form approved under section 8A of the business day means a day other than a Saturday or a Sunday or other public holiday under the Public Holidays Act 1981.

Classification of Publications, Films and Computer Games Act 1985 2 buy means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire and cause or permit to be bought or exchanged or hired, whether by retail or wholesale. child means a person under 18 years of age. classification certificate means a certificate issued under section 25 of the Commonwealth Act. classified means classified under the Commonwealth Act and includes re-classified under that Act. Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cth). computer game, see section 5A of the Commonwealth Act. consumer advice means consumer advice determined under section 20 of the Commonwealth Act for the film or game. contentious material, see section 5 of the Commonwealth Act. Convenor means the Convenor of the Review Board appointed under the Commonwealth Act. demonstrate includes exhibit, display, screen, play or make available for playing. Deputy Director means the Deputy Director of the National Board. determined markings means markings determined under section 8 of the Commonwealth Act. exempt computer game, see section 5 of the Commonwealth Act. exempt film, see section 5 of the Commonwealth Act. exhibit, for a film, means project, screen or play. film, see section 5 of the Commonwealth Act. guardian means an adult who is exercising parental control over a minor who has not attained the age of 15 years. international flight, in relation to an aircraft, means a flight that passes through the air space over the territory of more than one country and includes any part of the flight that may occur within Australia.

Classification of Publications, Films and Computer Games Act 1985 3 international voyage, in relation to a vessel, means a voyage (whether direct or indirect) between a place in Australia and a place outside Australia and includes any part of the voyage that may occur within Australia. manager, for a restricted publications area, see section 104(5). National Board means the Classification Board established by the National Director means Director of the National Board. place includes vacant land, premises, a vehicle, a vessel and an aircraft (except a vessel on an international voyage or an aircraft on an international flight). possession, of an item, includes: (a) having control over the item; and (b) having joint possession of the item. prescribed business means a business prescribed by regulation. prescribed fee means a fee prescribed by regulation. prescribed person means a person prescribed by regulation. private place means a place other than a public place. publication, see section 5 of the Commonwealth Act. public place means a place the public is entitled to use or that is open to or used by the public, whether on payment of money or otherwise. publish, see section 5 of the Commonwealth Act. restricted publications area, see section 104(1). Review Board means the Classification Review Board established by the Commonwealth Act. sell means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale. subject to a conditional cultural exemption, see section 5 of the

Classification of Publications, Films and Computer Games Act 1985 4 submittable publication means: (a) a submittable publication as defined in section 5 of the (b) a publication called in by the National Director under section 90. Note for section 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Exhibition of film

3A Exhibition of film For this Act, a person is taken to exhibit a film in a public place if the person: (a) arranges or conducts the exhibition of the film in the public place; or (b) has the superintendence or management of the public place in which the film is exhibited.

Films consisting only of classified films

3B Films consisting only of classified films (1) This section applies to a film: (a) contained on 1 device; and (b) consisting only of 2 or more classified films. (2) Despite any other provision of this Act, the film is to be treated, for this Act, as if each of the classified films were on a separate device.

Application

4 Application This Act does not apply to: (a) exempt films or exempt computer games; or (ab) a publication, film or computer game subject to a conditional cultural exemption; or (b) broadcasting services to which the Broadcasting Services Act 1992 (Cth) applies. Note for section 4(ab) A publication, film or computer game is subject to a conditional cultural exemption only in relation to the relevant demonstration, exhibition or screening – see sections 6C and 6E of the Commonwealth Act.

Classification of Publications, Films and Computer Games Act 1985 5 4AA Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 4AA Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2

Administration

Part 2 Administration

Delegations

4A Delegations The Minister may, in writing, delegate any of the Minister's powers and functions under this Act, other than this power of delegation: (a) to a named person, body corporate or statutory body; or (b) to the person, from time to time or for the time being, holding, acting in or performing the duties of a named office, designation or position.

Arrangements with Commonwealth for censoring films

25 Arrangements with Commonwealth for censoring films (1) The Minister may make such arrangements as the Minister thinks fit with the Commonwealth relating to the classification of publications, films and computer games. (2) An arrangement under this section may make provision for all or any matters necessary or convenient to be provided for or incidental to carrying out the arrangement. (3) The Minister must cause notice of the making of an arrangement under this section to be published in the Gazette. (4) Despite anything to the contrary in this Act, an arrangement made under this section has effect according to its tenor, and in proceedings under this Act the production of a copy of the Gazette notice mentioned in subsection (3) is prima facie evidence that an arrangement has been made and is still operative.

Classification of Publications, Films and Computer Games Act 1985 6

Exhibition of films in public place

35 Exhibition of films in public place (1) A person must not exhibit an unclassified film in a public place. (2) A person must not exhibit a classified film in a public place: (a) with a title other than the title under which the film is classified; or (b) in a form other than the form in which the film is classified. exhibited in contravention of paragraph (a) or (b). (3) Subsection (2) does not apply to the exhibition of a classified film: (a) under a title other than the title under which it is classified if it is contained on 1 device together with another classified film or films and no unclassified films; or (b) with a modification mentioned in section 20A or 21(2) or (3) of

Display of notice about classifications

36 Display of notice about classifications A person must not exhibit a film in a public place unless the person displays a notice: (a) in the approved form about classifications for films; and

Classification of Publications, Films and Computer Games Act 1985 7 (b) in the place so the notice is clearly visible to the public.

Exhibition of RC and X 18+ films

37 Exhibition of RC and X 18+ films (1) A person must not exhibit a film classified RC in a public place. classified RC. (2) A person must not exhibit a film classified X 18+ in a public place that is not a restricted publications area.

Exhibition of unclassified, RC and X 18+ films

38 Exhibition of unclassified, RC and X 18+ films (1) A person must not exhibit a film so that it can be seen from a public place if the film is: (b) knowledge that, or recklessness as to whether, the film can be seen from a public place; and

Classification of Publications, Films and Computer Games Act 1985 8 circumstance that the film would, if classified, be classified RC or X 18+.

Exhibition of R 18+ and MA 15+ films

39 Exhibition of R 18+ and MA 15+ films (1) The Minister may prohibit the exhibition of a film classified R 18+ or MA 15+: (a) in a drive-in theatre; or (b) in any other public place if, in the Minister's opinion, it is possible to see a film from an ordinary vantage point outside the place when it is exhibited in the place. (2) The prohibition may: (a) relate to a specified film or class of films and to drive-in theatres generally or a specified drive-in theatre or other place; and (b) be imposed, varied or revoked by Gazette notice or by written notice given to the person who exhibits films in the theatre or place to which the notice relates. (3) A person must not exhibit a film in contravention of the notice. Fault element: Intentionally exhibiting the film. Maximum penalty: For a film classified R 18+: For a film classified MA 15+:

Classification of Publications, Films and Computer Games Act 1985 9

Attendance of child at certain films – offence by parents and

40 Attendance of child at certain films – offence by parents and guardians (1) A parent or guardian of a child must not permit the child to attend the exhibition of a film in a public place if the film is: (a) classified RC, X 18+ or R 18+; or (b) unclassified but would, if classified, be classified RC, X 18+ or (a) intentionally permitting the child to attend the exhibition; and (b) knowledge that the film is classified RC, X 18+ or R 18+ or circumstance that the film would, if classified, be classified RC, X 18+ or R 18+.

Attendance of child at certain films – offence by child

41 Attendance of child at certain films – offence by child A child who is at least 15 years of age must not attend the exhibition of a film classified RC, X 18+ or R 18+ in a public place. (a) intentionally attending the exhibition; and (b) knowledge that the film is classified RC, X 18+ or R 18+.

Private exhibition of certain films in presence of child

42 Private exhibition of certain films in presence of child (1) A person must not exhibit a film in a private place if: (a) the film is: (i) classified RC, X 18+ or R 18+; or (ii) unclassified but would, if classified, be classified RC, X 18+ or R 18+; and

Classification of Publications, Films and Computer Games Act 1985 10 (b) a child is present during any part of the exhibition. classified RC, X 18+ or R 18+ or unclassified. (a) if the film is unclassified – the circumstance that the film would, if classified, be classified RC, X 18+ or R 18+; and (b) the circumstance that the person present is a child. on reasonable grounds, that the child was an adult.

Attendance of child at R 18+ films – offence by exhibitor

43 Attendance of child at R 18+ films – offence by exhibitor (1) A person must not exhibit a film in a public place if: (a) the film is classified R 18+; and (b) a child is present during any part of the exhibition. Fault element: Intentionally exhibiting the film. (2) Absolute liability applies to the circumstance that the person present is a child. before the child was admitted to the public place; and

Classification of Publications, Films and Computer Games Act 1985 11

Attendance of child at MA 15+ films – offence by exhibitor

44 Attendance of child at MA 15+ films – offence by exhibitor (1) A person must not exhibit a film in a public place if: (a) the film is classified MA 15+; and (b) a child under 15 years of age is present during any part of the exhibition; and (c) the child is not accompanied by a parent or guardian of the (b) knowledge that the child is not accompanied by a parent or guardian or recklessness as to that fact. (2) For subsection (1), a child is accompanied by a parent or guardian despite the temporary absence of the parent or guardian from the exhibition of the film. (3) Absolute liability applies to the circumstance that the person present is under 15 years of age. (a) the defendant took all reasonable steps to ensure the child was not present in contravention of the subsection; or was at least 15 years of age; or (c) the defendant believed, on reasonable grounds, that the person accompanying the child was a parent or guardian of the child.

Sale of films

45 Sale of films (1) A person must not sell an unclassified film.

Classification of Publications, Films and Computer Games Act 1985 12 (2) A person must not sell a classified film: (a) with a title other than the title under which the film is classified; or (b) in a form other than the form in which the film is classified. (b) knowledge that, or recklessness as to whether, the film is sold in contravention of paragraph (a) or (b). (3) Subsection (2) does not apply to the sale of a classified film: (a) with a title other than the title under which it is classified if it is contained on 1 device together with another classified film or films and no unclassified films; or (b) with a modification mentioned in section 20A or 21(2) or (3) of

Display of notice about classifications

46 Display of notice about classifications A person must not sell a film at any premises unless the person displays a notice: (a) in the approved form about classifications for films; and (b) in the premises so the notice is clearly visible to the public.

Classification of Publications, Films and Computer Games Act 1985 13

Film must display determined markings and consumer advice

47 Film must display determined markings and consumer advice (1) A person must not sell a film unless the container, wrapping or casing of the film displays: (a) the determined markings relevant to the film's classification; and (b) if there is any current consumer advice for the film – the (2) A person must not sell an unclassified film in a container, wrapping or casing that displays a marking indicating or suggesting that the film has been classified. (3) A person must not sell a classified film in a container, wrapping or casing that displays a marking indicating or suggesting that the film is unclassified or has a different classification. (4) Subsection (5) applies if: (a) a film is reclassified under section 39 or 97A of the (b) a film is reclassified by a decision of the Review Board under

Part 5

of the Commonwealth Act; or

Part 5 of the Commonwealth Act; or advice for a film under section 22B(3) of the Commonwealth (d) the National Board revokes a classification for a film under section 22CH(1) of the Commonwealth Act and classifies it under section 22CH(4) of that Act. (5) A person does not commit an offence against this section in relation to the film during the 30-day period after the decision to reclassify or revoke takes effect, if the film displays the determined markings and consumer advice applying to the film immediately before the

Classification of Publications, Films and Computer Games Act 1985 14 reclassification or revocation.

Possession of unclassified or RC films and other films at

48 Possession of unclassified or RC films and other films at certain premises (1) A person must not possess a film classified RC, or an unclassified film, at premises where classified films are sold. (a) intentionally possessing the film; and classified RC or unclassified; and (c) knowledge that, or recklessness as to whether, classified films are sold at the premises. (2) An occupier of premises commits an offence if: (a) classified films are sold at the premises; and (b) another person possesses a film classified RC or an unclassified film at the premises. Fault element: Knowledge that, or recklessness as to whether, another person possesses a film classified RC or an unclassified film at the premises.

Display of X 18+ films for sale

49 Display of X 18+ films for sale (1) A person must not display a film classified X 18+ for sale in a place that is not a restricted publications area. (a) intentionally displaying the film for sale; and

Classification of Publications, Films and Computer Games Act 1985 15 (2) A person must not sell a film classified X 18+ to another person who has not made a direct request for the film. (b) knowledge that the person has not made a direct request for the film or recklessness as to that fact; and (3) A person must not sell a film classified X 18+ that is not contained in a package made of opaque material.

Sale or delivery of certain films to child

50 Sale or delivery of certain films to child (1) A person must not sell or deliver a film to a child if: (a) the film is classified RC, X 18+ or R 18+; or (b) unclassified but would, if classified, be classified RC, X 18+ or (a) intentionally selling or delivering the film; and

Classification of Publications, Films and Computer Games Act 1985 16 classified RC, X 18+ or R 18+ or unclassified. Maximum penalty: For a film classified RC, or an unclassified film that would, if classified, be classified, RC: For another film: (a) the circumstance that the person to whom the film is sold or delivered is a child; and (b) if the film is unclassified – the circumstance that the film would, if classified, be classified RC, X 18+ or R 18+. (3) Subsection (1) does not apply if: (a) the film is classified R 18+; and (b) the child is at least 15 years of age; and (c) the person who sells or delivers the film to the child is a parent or guardian of the child. subsection (1) if: (a) the defendant proves that: (i) the child produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the child; and (ii) the defendant believed, on reasonable grounds, that the child was an adult; or (b) for the delivery of a film classified R 18+ – the defendant proves that the child was employed by the defendant and the delivery took place in the course of employment. (5) A child commits an offence if: (a) the child is at least 15 years of age; and

Classification of Publications, Films and Computer Games Act 1985 17 (b) the child buys a film classified RC, X 18+ or R 18+. Fault element: Knowledge that the film is classified RC, X 18+ or R 18+. (6) A person must not sell or deliver a film to a child under 15 years of age if the film is: (a) classified MA 15+; or (b) unclassified but would, if classified, be classified MA 15+. (a) intentionally selling or delivering the film; and classified MA 15+ or unclassified. (7) Absolute liability applies to: (a) the circumstance that the person to whom the film is sold or delivered is under 15 years of age; and (b) if the film is unclassified – the circumstance that the film would, if classified, be classified MA 15+. (8) Subsection (6) does not apply if the person who sells or delivers the film to the child is a parent or guardian of the child. (9) It is a defence to a prosecution for an offence against subsection (6) if the defendant proves that the defendant believed, on reasonable grounds, that: (a) the child was at least 15 years of age; or (b) a parent or guardian of the child had consented to the sale or delivery.

Classification of Publications, Films and Computer Games Act 1985 18

Power to demand particulars and expel persons

51 Power to demand particulars and expel persons (1) A police officer or person exhibiting, selling or delivering films who suspects on reasonable grounds that the exhibition, sale or delivery of a film to another person is, or would be, in contravention of this Part, may direct the other person to state their name, age and address. (2) The other person must comply with the direction. (3) A police officer or person exhibiting, or about to exhibit, a film in a public place (including an employee or agent of that person) who suspects on reasonable grounds that another person's presence during the exhibition is, or would be, in contravention of this Part may: (a) direct the other person to leave the place; and (b) if the other person fails to comply with the direction – use reasonable force to remove the person from the place. (4) The other person must comply with the direction.

Leaving films in certain places

52 Leaving films in certain places (1) A person must not leave a film in a public place or, without the occupier's permission, in a private place, if the film is: (a) classified RC, X 18+, R 18+ or MA 15+; or (b) unclassified but would, if classified, be classified RC, X 18+, R 18+ or MA 15+. (a) intentionally leaving the film in the place; and (b) if the film is left in a private place – knowledge that the occupier has not given permission to leave the film in the place or recklessness as to that fact; and

Classification of Publications, Films and Computer Games Act 1985 19 classified RC, X 18+, R 18+ or MA 15+ or unclassified. Maximum penalty: For a film classified RC, X 18+ or R 18+, or an unclassified film that would, if classified, be classified RC, X 18+ or R 18+: For a film classified MA 15+, or an unclassified film that would, if classified, be classified MA 15+: circumstance that the film would, if classified, be classified RC, X 18+, R 18+ or MA 15+.

Possession of films with intention to publish

53 Possession of films with intention to publish (1) A person must not possess a film with the intention of publishing the film if the film is: (a) intention to publish the film; and circumstance that the film would, if classified, be classified RC or X 18 +. (3) Subsection (1) does not apply to a person who possesses a film for classification or law enforcement purposes. (4) If a person possesses 10 or more copies of a film, it is presumed, unless the contrary is proved, that the person intended to publish the film.

Classification of Publications, Films and Computer Games Act 1985 20

Sale or delivery of submittable or RC publications

54 Sale or delivery of submittable or RC publications (1) A person must not sell or deliver: (a) a submittable publication; or (b) a publication classified RC. (b) knowledge that the publication is a submittable publication or classified RC. (2) Subsection (1) does not apply to a person who delivers a publication for classification or law enforcement purposes. committed, the publication has been classified Unrestricted.

Sale or delivery of Category 1 restricted publications

55 Sale or delivery of Category 1 restricted publications (1) A person must not sell or deliver a publication classified Category 1 restricted unless: (a) the publication is contained in a sealed package made of plain opaque material; and (b) both the publication and the package bear the determined markings relevant to the publication's classification.

Classification of Publications, Films and Computer Games Act 1985 21 is classified Category 1 restricted. (2) Subject to any condition imposed by the National Board under section 13A of the Commonwealth Act, the requirement that the package must be sealed does not apply if the sale or delivery takes place in a restricted publications area. (3) For subsection (1)(a), a package is plain even though it displays the title of the publication. (4) Subsection (5) applies if: (c) the National Board revokes a classification for a publication under section 22B(3) of the Commonwealth Act; or (d) the National Board revokes a classification for a publication under section 22CH(1) of the Commonwealth Act and (5) A person does not commit an offence against subsection (1) in relation to the publication during the 30-day period after the decision to reclassify or revoke takes effect, if the publication displays the determined markings applying to the publication immediately before the reclassification or revocation.

Sale or delivery of Category 2 restricted publications

56 Sale or delivery of Category 2 restricted publications (1) A person must not sell or deliver a publication classified Category 2 restricted in a place that is not a restricted publications area.

Classification of Publications, Films and Computer Games Act 1985 22 (c) knowledge that, or recklessness as to whether, the publication (2) A person must not deliver a publication classified Category 2 restricted to another person who has not made a direct request for the publication. (a) intentionally delivering the publication to the person; and (b) knowledge that the person has not made a direct request for the publication or recklessness as to that fact; and (c) knowledge that, or recklessness as to whether, the publication (3) A person must not deliver a publication classified Category 2 restricted unless: (a) the publication is contained in a sealed package made of plain opaque material; and (b) both the publication and the package bear the determined markings relevant to the publication's classification. (4) For subsection (3)(a), a package is plain even though it displays the title of the publication. (5) Subsection (6) applies if:

Classification of Publications, Films and Computer Games Act 1985 23 advice for a publication under section 22B(3) of the (d) the National Board revokes a classification for a publication under section 22CH(1) of the Commonwealth Act and (6) A person does not commit an offence against subsection (3) in relation to the publication during the 30-day period after the decision to reclassify or revoke takes effect, if the publication displays the determined markings applying to the publication immediately before the reclassification or revocation.

Sale or delivery of publications contrary to conditions

57 Sale or delivery of publications contrary to conditions (1) This section applies to a publication that is: (a) classified Unrestricted or Category 1 restricted; and (b) subject to a condition imposed under section 13A of the (2) A person must not sell the publication except in accordance with the condition. Fault element: Intentionally selling the publication.

Consumer advice for unrestricted publications

58 Consumer advice for unrestricted publications A person must not sell a publication classified Unrestricted for which there is consumer advice unless the consumer advice is displayed on the publication or packaging of the publication.

Classification of Publications, Films and Computer Games Act 1985 24

Misleading or deceptive markings

59 Misleading or deceptive markings (1) A person must not sell an unclassified publication in a container, that the publication has been classified. (2) A person must not sell a classified publication in a container, that the publication is unclassified or has a different classification. (3) Subsection (4) applies if: (c) the National Board revokes a classification for a publication under section 22B(3) of the Commonwealth Act; or (d) the National Board revokes a classification for a publication, film or computer game under section 22CH(1) of the Commonwealth Act and classifies it under section 22CH(4) of that Act. (4) A person does not commit an offence against this section in relation to the publication during the 30-day period after the decision to reclassify or revoke takes effect, if the publication displays the determined markings applying to the publication immediately before the reclassification or revocation.

Sale of certain publications to a child

60 Sale of certain publications to a child (1) A person must not sell or deliver a publication classified Category 1 restricted or Category 2 restricted to a child.

Classification of Publications, Films and Computer Games Act 1985 25 is classified Category 1 restricted or Category 2 restricted. (2) Absolute liability applies to the circumstance that the person to whom the publication is sold or delivered is a child. before the defendant sold or delivered the publication to the child; and

Leaving or display publications in certain places

61 Leaving or display publications in certain places (1) A person commits an offence if: (a) the person: (i) leaves a publication in a public place; or (ii) leaves a publication in a private place without the occupier's permission; or (iii) displays a publication so that it can be seen from a public place; and (b) the publication is: (i) a submittable publication; or (ii) classified Category 1 restricted, Category 2 restricted or RC. (a) intentionally leaving or displaying the publication; and (b) for paragraph (a)(ii) – knowledge that the occupier has not given permission to leave the publication in the place or recklessness as to that fact; and (c) for paragraph (a)(iii) – knowledge that, or recklessness as to whether, the publication can be seen from a public place; and

Classification of Publications, Films and Computer Games Act 1985 26 (d) knowledge that the publication is: (i) a submittable publication; or (ii) classified Category 1 restricted, Category 2 restricted or RC. (2) Subsection (1) does not apply if the publication: (a) is classified Category 1 restricted and both of the following apply: (i) the public place is a shop or stall; (ii) section 55 is complied with in relation to the publication; or (b) is classified Category 2 restricted and the public place is a restricted publications area. committed, the publication has been classified Unrestricted.

Possession or copying of publications with intention to sell

62 Possession or copying of publications with intention to sell (1) A person must not possess or copy a publication with the intention of selling the publication if the publication is: (a) a submittable publication; or (b) classified RC. (a) intention to sell the publication; and is a submittable publication or classified RC. committed, the publication has been classified Unrestricted,

Classification of Publications, Films and Computer Games Act 1985 27 Category 1 restricted, or Category 2 restricted. (3) If a person makes 10 or more copies of a publication it is presumed, unless the contrary is proved, that the person intended to sell the

Sale or demonstration of unclassified computer games

63 Sale or demonstration of unclassified computer games (1) A person must not: (a) sell an unclassified computer game; or (b) demonstrate an unclassified computer game in a public place. (2) A person must not sell a classified computer game, or demonstrate a classified computer game in a public place: (a) with a title other than the title under which the game is classified; or (b) in a form other than the form in which the game is classified. sold or demonstrated in contravention of paragraph (a) or (b). (3) Subsection (2)(b) does not apply to the sale or demonstration of a classified computer game with a modification mentioned in section 20A or 21(2) or (3) of the Commonwealth Act.

Classification of Publications, Films and Computer Games Act 1985 28

Display of notice about classifications

64 Display of notice about classifications A person must not sell or demonstrate a computer game in a public place unless the person displays a notice: (a) in the approved form about classifications for computer games; and (b) in the place so the notice is clearly visible to the public.

Sale or demonstration of unclassified and RC computer games

65 Sale or demonstration of unclassified and RC computer games (1) A person must not sell a computer game, or demonstrate a computer game in a public place, if the game is:

65A

Demonstration of R 18+ computer games

65A Demonstration of R 18+ computer games A person must not demonstrate a computer game classified R 18+ in a public place unless: (a) the determined markings relevant to the game's classification are exhibited before the game can be played; and (b) entry into the place is restricted to adults.

Classification of Publications, Films and Computer Games Act 1985 29

Demonstration of MA 15+ computer games

66 Demonstration of MA 15+ computer games A person must not demonstrate a computer game classified MA 15+ in a public place unless: (a) the determined markings relevant to the game's classification are exhibited before the game can be played; and (b) entry into the place is restricted to adults or to children who are accompanied by a parent or guardian while in the public place.

Demonstration of unclassified, RC, R 18+ and MA 15+

67 Demonstration of unclassified, RC, R 18+ and MA 15+ computer games A person must not demonstrate a computer game so that it can be seen from a public place if the game is: (a) classified RC, R 18+ or MA 15+; or (b) unclassified but would, if classified, be classified RC, R 18+ or MA 15+. (a) intentionally demonstrating the game; and (b) knowledge that, or recklessness as to whether, the game can be seen from a public place; and (c) knowledge that, or recklessness as to whether, the game is classified RC, R 18+ or MA 15+ or unclassified.

Classification of Publications, Films and Computer Games Act 1985 30 For a game classified MA 15+, or an be classified MA 15+:

Private demonstration of unclassified, RC or R 18+ computer

68 Private demonstration of unclassified, RC or R 18+ computer games in presence of child (1) A person must not demonstrate a computer game in a private place if: (a) the game is: (i) classified RC or R 18+; or (ii) unclassified but would, if classified, be classified RC or R 18+; and (b) a child is present during any part of the demonstration. (a) intentionally demonstrating the game; and classified RC or R 18+ or unclassified. (a) if the game is unclassified – the circumstance that the game would, if classified, be classified RC or R 18+; and (b) the circumstance that the person present is a child. on reasonable grounds, that the child was an adult.

Classification of Publications, Films and Computer Games Act 1985 31

Computer game must display determined markings and

69 Computer game must display determined markings and consumer advice (1) A person must not sell a computer game unless the container, wrapping or casing of the game displays: (a) the determined markings relevant to the game's classification; and (b) if there is any current consumer advice for the game – the (2) A person must not sell an unclassified computer game in a container, wrapping or casing that displays a marking indicating or suggesting that the game has been classified. (3) A person must not sell a classified computer game in a container, that the game is unclassified or has a different classification. (4) A person must not make a computer game available for playing on a pay and play basis unless the device used for playing the game displays: (a) the determined markings relevant to the game's classification; and (b) if there is any current consumer advice for the game – the (5) If 2 or more computer games are available for playing on a device mentioned in subsection (4), the determined markings and consumer advice that must be displayed on the device are those relevant to the computer game with the highest classification under

Classification of Publications, Films and Computer Games Act 1985 32 (6) Subsection (7) applies if: (a) a game is reclassified under section 39 of the Commonwealth (b) a game is reclassified by a decision of the Review Board advice for a game under section 22B(3) of the Commonwealth (d) the National Board revokes a classification for a computer game under section 22CH(1) of the Commonwealth Act and (7) A person does not commit an offence against this section in relation to the game during the 30-day period after the decision to reclassify or revoke takes effect, if the game displays the determined markings and consumer advice applying to the game immediately before the reclassification or revocation.

Possession of unclassified or RC computer games with other

70 Possession of unclassified or RC computer games with other computer games at certain premises A person must not possess a computer game classified RC, or an unclassified computer game, at premises where classified computer games are sold or demonstrated. (a) intentionally possessing the game; and classified RC or unclassified; and (c) knowledge that, or recklessness as to whether, classified games are sold or demonstrated at the premises.

Sale or delivery of certain computer games to child

71 Sale or delivery of certain computer games to child (1) A person must not sell or deliver a computer game to a child if the game is: (a) classified RC or R 18+; or

Classification of Publications, Films and Computer Games Act 1985 33 (b) unclassified but would, if classified, be classified RC or R 18+. (a) intentionally selling or delivering the game; and classified RC or R 18+ or unclassified. (a) the circumstance that the person to whom the game is sold or delivered is a child; and (b) if the game is unclassified – the circumstance that the game would, if classified, be classified RC or R 18+. (2A) Subsection (1) does not apply if: (a) the game is classified R 18+, or is an unclassified game that would, if classified, be classified R 18+; and (b) the child is at least 15 years of age; and (c) the person who sells or delivers the game to the child is a parent or guardian of the child. (2B) It is a defence to a prosecution for an offence against subsection (1), if the game is classified R 18+, or is an unclassified game that would, if classified, be classified R 18+, if the defendant proves that: (a) the defendant believed, on reasonable grounds, that the child was an adult; or (b) if the offence relates to the delivery of the game, the child was employed by the defendant and the delivery took place in the course of employment.

Classification of Publications, Films and Computer Games Act 1985 34 (2C) A child who is at least 15 years of age must not buy a computer game classified RC or R 18+. Fault element: Knowledge that the game is classified RC or (3) A person must not sell or deliver a computer game classified MA 15+ to a child under 15 years of age. (a) intentionally selling or delivering the game; and classified MA 15+. (4) Absolute liability applies to the circumstance that the person to whom the game is sold or delivered is under 15 years of age. (5) Subsection (3) does not apply if the person who sells or delivers the game to the child is a parent or guardian of the child. (6) It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant believed, on reasonable grounds, that: (a) the child was at least 15 years of age; or (b) a parent or guardian of the child had consented to the sale or delivery.

Power to demand particulars and expel persons

72 Power to demand particulars and expel persons (1) A police officer or person demonstrating, selling or delivering computer games who suspects on reasonable grounds that the demonstration, sale or delivery of a game to another person is, or would be, in contravention of this Part, may direct the other person to state their name, age and address. (2) The other person must comply with the direction. (3) A police officer or person demonstrating, or about to demonstrate, a computer game in a public place (including an employee or agent of

Classification of Publications, Films and Computer Games Act 1985 35 that person) who suspects on reasonable grounds that another person's presence during the demonstration is, or would be, in contravention of this Part may: (a) direct the other person to leave the place; and (b) if the other person fails to comply with the direction – use reasonable force to remove the person from the place. (4) The other person must comply with the direction.

Leaving computer games in certain places

73 Leaving computer games in certain places (1) A person must not leave a computer game in a public place or, without the occupier's permission, in a private place, if the game is: (a) classified RC, R 18+ or MA 15+; or (b) unclassified but would, if classified, be classified RC, R 18+ or MA 15+. (a) intentionally leaving the game; and (b) if the game is left in a private place – knowledge that the occupier has not given permission to leave the game in the place or recklessness as to that fact; and (c) knowledge that, or recklessness as to whether, the game is classified RC, R 18+ or MA 15+ or unclassified. game that would, if classified, be classified RC:

Classification of Publications, Films and Computer Games Act 1985 36 For a game classified MA 15+, or an be classified MA 15+: circumstance that the game would, if classified, be classified RC, R 18+ or MA 15+.

Possession of computer games with intention to publish

74 Possession of computer games with intention to publish (1) A person must not possess a computer game with the intention of publishing the game if the game is: (a) intention to publish the game; and (3) Subsection (1) does not apply to a person who possesses a game for classification or law enforcement purposes. (4) If a person makes 10 or more copies of a game, it is presumed, unless the contrary is proved, that the person intended to publish the game.

Classification of Publications, Films and Computer Games Act 1985 37

Definitions

75 Definitions In this Division: code of practice means a code of practice, as amended from time to time, approved and published under section 76. computer service means a service provided by or through the facilities of a computer communication system allowing: (a) the input, output or examination of computer data or computer programmes; or (b) the transmission of computer data or computer programmes from one computer to another; or (c) the transmission of computer data or computer programmes from a computer to a terminal device. objectionable material means: (a) a film classified RC, a computer game classified RC or a refused publication; or (b) child pornography; or (c) an article that promotes crime or violence, or incites or instructs in matters of crime or violence; or (d) an article that describes or depicts, in a manner that is likely to cause offence to a reasonable adult: (i) the use of violence or coercion to compel a person to participate in, or submit to, sexual conduct; or (ii) sexual conduct with or on the body of a dead person; or (iii) the use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct; or (iv) bestiality; or (v) acts of torture or the infliction of extreme violence or extreme cruelty. restricted material means an article that a reasonable adult, because of the nature of the article or the nature and extent of

Classification of Publications, Films and Computer Games Act 1985 38 references in the article to matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena, would regard as unsuitable for a minor to see, read or hear.

Codes of practice

76 Codes of practice (1) The Minister may approve a code of practice relating to computer services. (2) The Minister must cause a copy of a code of practice approved under subsection (1) to be published in the Gazette. (3) The Minister may approve an amendment of a code of practice and on publication in the Gazette of the approved amendment the code is taken to be amended accordingly. (4) The Minister may, by Gazette notice, revoke the approval of a code of practice.

Objectionable material

77 Objectionable material (1) A person must not use a computer service to: (a) transmit objectionable material; or (b) obtain possession of objectionable material; or (c) demonstrate objectionable material; or (d) advertise that objectionable material is available for transmission; or (e) request the transmission of objectionable material. (a) intentionally transmitting, obtaining possession of, demonstrating, advertising or requesting the transmission of, the material; and (b) knowledge that the material is objectionable material. subsection (1) if the defendant proves that the transmission, obtaining possession of, demonstrating, advertising or requesting the transmission of, the material is justified in the public interest because the material is part of:

Classification of Publications, Films and Computer Games Act 1985 39 (a) an article of recognised literary, artistic or scientific merit; or (b) a bona fide medical article.

Restricted material

78 Restricted material (1) A person must not use a computer service to transmit or make restricted material available to a child. (a) intentionally transmitting or making the material available; and (b) knowledge that, or recklessness as to whether, the material is restricted material; and (c) knowledge that, or recklessness as to whether, the recipient or intended recipient of the material is a child. subsection (1) if the defendant proves that the defendant: (a) complied with a code of practice; or (b) took all reasonable steps to avoid a contravention of the subsection; or (c) believed, on reasonable grounds, that: (i) the person to whom the defendant transmitted the restricted material was not a child; or (ii) the restricted material would not be made available to a

Hierarchy of classification

79 Hierarchy of classification For this Part, the hierarchy of classification is as follows: (a) G is a lower classification than PG, M, MA 15+ or R 18+; (b) PG is a lower classification than M, MA 15+ or R 18+; (c) M is a lower classification than MA 15+ or R 18+;

Classification of Publications, Films and Computer Games Act 1985 40 (d) MA 15+ is a lower classification than R 18+; (e) R 18+ is a lower classification than X 18+.

Certain advertisements not to be published

80 Certain advertisements not to be published (1) A person must not publish an advertisement for a film, publication or computer game if: (a) the advertisement: (i) has not been submitted for approval; or (ii) has been refused approval; or (iii) has been approved and the approval is revoked under section 13(5) or 21A of the Commonwealth Act; and (b) for an advertisement, that has not been submitted for approval – the advertisement, if submitted, would be refused approval. (a) intentionally publishing the advertisement; and (b) knowledge that, or recklessness as to whether, the advertisement: (i) has not been submitted for approval; or (ii) has been refused approval; or (iii) has been approved and the approval is revoked under section 13(5) or 21A of the Commonwealth Act. (2) If the advertisement has not been submitted for approval, absolute liability applies to the circumstance that, if submitted, the advertisement would be refused approval. (3) A person must not publish an approved advertisement for a film, publication or computer game: (a) in a form other than the form in which it is approved; or

Classification of Publications, Films and Computer Games Act 1985 41 (b) otherwise than in accordance with a condition of the approval. (a) intentionally publishing the advertisement; and (b) knowledge that, or recklessness as to whether, the advertisement is published in contravention of paragraph (a) or (b).

Certain films, publications and computer games not to be

81 Certain films, publications and computer games not to be advertised (1) A person must not publish an advertisement for: (a) an unclassified film, if the advertisement is published otherwise than in accordance with the relevant provisions of the Advertising Scheme; or (b) a film classified RC; or (c) a submittable publication; or (d) a publication classified RC; or (e) an unclassified computer game, if the advertisement is published otherwise than in accordance with the relevant provisions of the Advertising Scheme; or (f) a computer game classified RC. (2) For this section, if a person publishes an advertisement for an unclassified film or computer game at the request of another person, the other person alone is taken to have published it.

Advertisements with films

82 Advertisements with films (1) A person must not exhibit an advertisement for a classified film in a public place during a program for the exhibition of another classified film (the feature film) if the advertised film has a higher classification than the feature film.

Classification of Publications, Films and Computer Games Act 1985 42 (2) A person must not exhibit an advertisement for an unclassified film in a public place during a program for the exhibition of a classified film if the advertisement does not comply with the relevant provisions of the Advertising Scheme. (3) A person must not sell a classified film (the feature film) that is accompanied by an advertisement for another classified film if the advertised film has a higher classification than the feature film. (4) A person must not sell a classified film that is accompanied by an advertisement for an unclassified film if the advertisement does not comply with the relevant provisions of the Advertising Scheme.

Advertisements with computer games

83 Advertisements with computer games (1) A person must not sell a classified computer game (the main game) that is accompanied by an advertisement for another classified computer game if the advertised game has a higher classification than the main game. (2) A person must not sell a classified computer game that is accompanied by an advertisement for an unclassified computer game if the advertisement does not comply with the relevant provisions of the Advertising Scheme.

Classification of Publications, Films and Computer Games Act 1985 43

Liability of occupier for certain advertisements

84 Liability of occupier for certain advertisements An occupier of a public place that is not a restricted publications area must not screen in the place an advertisement for: (a) a film classified MA 15+ or R 18+ during a program for the exhibition of a film with a lower classification; or (b) a film classified X 18+.

Advertisements to contain determined markings and

85 Advertisements to contain determined markings and consumer advice (1) A person must not publish an advertisement for a classified film, publication or computer game unless the determined markings relevant to the classification of the film, publication or game and relevant consumer advice are: (a) contained in the advertisement; and (b) displayed in the manner determined by the National Director under the Commonwealth Act; and (c) clearly visible, having regard to the size and nature of the advertisement. (2) Subsection (3) applies if: (a) a film, publication or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or (b) a film, publication or computer game is reclassified by a decision of the Review Board under Part 5 of the advice for a film, publication or computer game under section 22B(3) of the Commonwealth Act; or (d) the National Board revokes a classification for a film, publication or computer game under section 22CH(1) of the Commonwealth Act and classifies it under section 22CH(4) of that Act.

Classification of Publications, Films and Computer Games Act 1985 44 (3) A person does not commit an offence against subsection (1) in relation to the film, publication or computer game during the 30-day period after the decision to reclassify or revoke takes effect, if the film, publication or computer game displays the determined markings and consumer advice applying to the film, publication or computer game immediately before the reclassification or revocation.

Misleading or deceptive advertisements

86 Misleading or deceptive advertisements (1) A person must not publish an advertisement for an unclassified film, publication or computer game if the advertisement displays a marking indicating or suggesting that the film, publication or computer game has been classified. (2) A person must not publish an advertisement for a classified film, publication or computer game if the advertisement displays a marking indicating or suggesting that the film, publication or computer game is unclassified or has a different classification.

Advertisements for category 2 restricted publications

87 Advertisements for category 2 restricted publications (1) A person must not publish an advertisement for a publication classified Category 2 restricted if the advertisement is published: (a) in a publication that is not classified Category 2 restricted; or (b) in a place that is not a restricted publications area. subsection (1) if the defendant proves that the advertisement was published by way of printed or written material delivered to a person at the written request of the person.

Classification of Publications, Films and Computer Games Act 1985 45 (3) An occupier of a place that is not a restricted publications area commits an offence if an advertisement for a publication classified Category 2 restricted is published in the place.

Advertisements and X 18+ films

88 Advertisements and X 18+ films (1) A person (the first person) commits an offence if: (a) an advertisement for a film classified R 18+ is published in a publication; and (b) another person responds to the advertisement; and (c) the first person sells a film classified X 18+ to the other person. (b) knowledge that, or recklessness as to whether, the film sold is (2) A person must not publish an advertisement for a film classified X 18+ if the advertisement explicitly depicts or describes sexual acts or fetishes. (3) For subsection (2), if a person publishes an advertisement at the request of another person, the other person alone is taken to have published it. (4) Subsection (2) does not apply if: (a) the advertisement is contained in a sealed package made of plain opaque material prominently displaying the words "WARNING: SEXUALLY EXPLICIT ADVERTISING", or words to that effect, on the outside of the package; and (b) the package is contained in another sealed package made of plain opaque material.

Classification of Publications, Films and Computer Games Act 1985 46

Classification symbols and determined markings to be

89 Classification symbols and determined markings to be published with advertisements A person commits an offence if: (a) the person publishes a publication containing an advertisement for: (i) a film; or (ii) a publication classified Category 1 restricted or Category 2 restricted; or (iii) a computer game; and (b) the publication does not also contain a list of the classification symbols and determined markings for films, publications or computer games respectively.

Calling in submittable publications for classification

90 Calling in submittable publications for classification (a) the National Director has reasonable grounds to believe that a publication is a submittable publication; and (b) the publication is being published in the Territory, or the be published in the Territory; and (c) the submittable publication is not subject to a conditional cultural exemption; of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the National Board. subsection (1) to be published in the Commonwealth of Australia Gazette.

Classification of Publications, Films and Computer Games Act 1985 47 (a) to publish the publication in the Territory; or (b) to cause, authorise, permit or license the publication to be published in the Territory.

Calling in films for classification

91 Calling in films for classification (a) the National Director has reasonable grounds to believe that an unclassified film is not an exempt film; and (b) the film is being published in the Territory, or the National Director has reasonable grounds to believe that it will be published in the Territory; and (c) the film is not subject to a conditional cultural exemption; of the film, require the publisher to submit an application for classification of the film. subsection (1) to be published in the Commonwealth of Australia Gazette. (a) to publish the film in the Territory; or (b) to cause, authorise, permit or license the film to be published in the Territory.

Classification of Publications, Films and Computer Games Act 1985 48

Calling in computer games for classification

92 Calling in computer games for classification (a) the National Director has reasonable grounds to believe that a computer game is likely to contain contentious material; and (b) the computer game is being published in the Territory, or the be published in the Territory; of the game, require the publisher to submit an application for classification of the game. (1A) If: (a) the National Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game; and (b) the computer game is being published in the Territory, or the be published in the Territory; and (c) the computer game is not subject to a conditional cultural exemption; of the computer game, require the publisher to submit an application for classification of the computer game. subsection (1) or (1A) to be published in the Commonwealth of Australia Gazette. (a) to publish the computer game in the Territory; or (b) to cause, authorise, permit or license the computer game to be published in the Territory.

Classification of Publications, Films and Computer Games Act 1985 49

Calling in advertisements

93 Calling in advertisements (1) The National Director may, by notice in writing given to: (a) the publisher of a publication that: (i) the National Director has reasonable grounds to believe is a submittable publication; and (ii) is being published in the Territory, or the National Director has reasonable grounds to believe will be published in the Territory; or (b) the publisher of a film that is being published in the Territory, or that the National Director has reasonable grounds to believe will be published in the Territory; or (c) the publisher of a computer game that is being published in the Territory, or that the National Director has reasonable grounds to believe will be published in the Territory; require the publisher to submit to the National Board for approval a copy of every advertisement used or intended to be used in connection with the publishing. subsection (2) to prove that the defendant did not intend: (a) to publish the publication, film or computer game in the Territory; or (b) to cause, authorise, permit or license the publication, film or computer game to be published in the Territory.

Calling in publications, films, computer games for

94 Calling in publications, films, computer games for reclassification (a) the National Board proposes to reclassify a publication, film or computer game under section 39 of the Commonwealth Act; and

Classification of Publications, Films and Computer Games Act 1985 50 (b) the publisher of the publication, film or computer game resides in the Territory or has an office in the Territory; the National Director may, by notice in writing given to the publisher, require the publisher to submit a copy of the publication, film or computer game for the purpose of reclassifying it. subsection (2) to prove that the defendant did not have a copy of the publication, film or computer game.

Obtaining copies for review

95 Obtaining copies for review (a) an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the publication, film or computer game concerned; and (b) the National Board or the Review Board does not have a copy of the publication, film or computer game and a copy is not available to it; and (c) the original applicant or the publisher of the publication, film or computer game resides in the Territory or has an office in the Territory; Convenor may, by notice in writing given to the original applicant or publisher, require the original applicant or publisher to make a copy of the publication, film or computer game available for the purpose of the review. subsection (2) to prove that the defendant did not have a copy of the publication, film or computer game.

Classification of Publications, Films and Computer Games Act 1985 51

101

Definition

101 Definition sexual article means anything that is primarily concerned with, or is used or intended to be used in connection with, sexual behaviour, but does not include a publication.

102

Display of sexual articles

102 Display of sexual articles (1) A person who conducts or is employed in a business involved in the sale or distribution of sexual articles must not: (a) display a sexual article in a public place; or (b) permit a sexual article to be displayed in a public place; or (c) display a sexual article so that it can be seen from a public place. (a) intentionally displaying the article or permitting the article to be displayed; and (b) for paragraph (c) – knowledge that, or recklessness as to whether, the article can be seen from a public place. subsection (1) that the display of the sexual article was only to a person who requested that the article be displayed to the person or consented to the display. (3) Subsection (1) does not apply to the display of a sexual article for the sole purpose of carrying on a prescribed business.

Classification of Publications, Films and Computer Games Act 1985 52

103

Advertising sexual articles

103 Advertising sexual articles (1) A person who conducts or is employed in a business involved in the sale or distribution of sexual articles must not advertise in any way the aspect of the business relating to sexual articles. Fault element: Intentionally advertising the aspect of the business relating to sexual articles. subsection (1) that the aspect of the business relating to sexual articles was advertised only to a person who conducts or is employed in another business involving the sale or distribution of sexual articles. (3) Subsection (1) does not apply to advertising for the sole purpose of carrying on a prescribed business.

104

Restricted publications area – construction and management

104 Restricted publications area – construction and management (1) A restricted publications area is an area constructed and managed in accordance with this section. (2) The area must be constructed so that no part of the interior of the area is visible to a person outside of the area. (3) Each entrance to the area must be: (a) fitted with a gate or door capable of excluding persons from the area; and (b) closed by way of the gate or door when the area is not open to the public. (4) A notice in the form in the Schedule, in legible letters not less than 15 mm in height and of a colour that contrasts with the background colour of the notice, must be displayed in a prominent place on or near each entrance to the area, so that it is clearly visible from outside the area. (5) The area must be managed by an adult (the manager) who is in attendance in or near the area at all times when the area is open to the public.

Classification of Publications, Films and Computer Games Act 1985 53

105

Restricted publications area – offences

105 Restricted publications area – offences (1) A person must not employ a child in a restricted publications area. Fault element: Recklessness in relation to the circumstance that the person employed is a (2) The manager of a restricted publications area must not allow a child to enter the area. Fault element: Absolute liability offence. subsection (2) if the defendant proves that: before the child was admitted to the area; and (4) The manager of a restricted publications area must not exhibit or allow the exhibition of a film classified R 18+ or X 18+ in the area except by way of a slot-machine operated by a coin or token. (a) intentionally exhibiting the film or knowledge that the film is exhibited (or recklessness as to that fact); and classified R 18+ or X 18+.

Part 13 Production or copying of films and computer games Classification of Publications, Films and Computer Games Act 1985 54 Part 13 Production or copying of films and computer games 106 Definition produce means provide creative, technical or theatrical services, including scripting, directing, filming and performing, whether or not for a fee, reward or other consideration.

107

Production of films or computer games

107 Production of films or computer games (1) A person must not produce a film if the film is: (a) intentionally producing the film; and circumstance that the film would, if classified, be classified RC or X 18+. on reasonable grounds, that the film: (a) was classified other than as RC or X 18+; or (b) was intended to be presented for classification and expected to be classified other than as RC or X 18+; or (c) was not intended to be published or made available for (4) A person must not produce a computer game if the game is:

Part 13

Production or copying of films and computer games

Part 13 Production or copying of films and computer games Classification of Publications, Films and Computer Games Act 1985 55 (a) intentionally producing the game; and (5) If the game is unclassified, absolute liability applies to the (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant proves that the defendant believed, on reasonable grounds, that the game: (a) was classified other than as RC; or (b) was intended to be presented for classification and expected to be classified other than as RC; or (c) was not intended to be published or made available for

108

Copying of films or computer games

108 Copying of films or computer games (1) A person must not copy, or cause to be copied, a film with the intention of publishing the film if the film is: (b) unclassified. (a) intention to publish the film; and (2) A person must not copy, or cause to be copied, a computer game with the intention of publishing the game if the game is:

Classification of Publications, Films and Computer Games Act 1985 56 (b) unclassified. (a) intention to publish the game; and

109

Interpretation

109 Interpretation (1) For this Part, a thing is connected with an offence if it is a thing: (a) in relation to which the offence has been committed; or (b) that will afford evidence of the commission of the offence; or (c) that was used, or is intended to be used, for the purpose of committing the offence. (2) A reference in this Part to an offence is to be read as including a reference to an offence that there are reasonable grounds for believing has been, or is about to be, committed.

110

Search and seizure

110 Search and seizure A police officer may enter on land, or on or into premises, and may search for and seize a thing that the officer believes on reasonable grounds to be connected with an offence against this Act that is found on the land or on or in the premises if, and only if, the search and seizure is made by the police officer: (a) under a warrant issued under the Police Administration Act 1978; or (b) after obtaining the consent, voluntarily given, of the occupier or the person in charge of the land or premises.

111

Consent to search

111 Consent to search (1) Before obtaining the consent of a person for section 110, a police officer must inform the person that the person may refuse to give consent.

Classification of Publications, Films and Computer Games Act 1985 57 (2) A police officer who obtains the consent of a person for section 110 must ask the person to sign an acknowledgment of: (a) the fact that the person has been informed that he or she may refuse to give his or her consent; and (b) the fact that the person has voluntarily given his or her consent; and (c) the date on which, and the time at which, the person gave his or her consent. (3) If it is material, in any proceedings, for a court to be satisfied of the voluntary consent of a person for section 110 and an acknowledgment, in accordance with subsection (2), signed by the person has not been produced in evidence, the court must assume, unless the contrary is proved, that the person did not voluntarily give consent.

112

Forfeiture

112 Forfeiture (1) If a person is charged with an offence against this Act and the Local Court is satisfied that the person committed the offence, the Local Court may order that the film, publication, computer game or sexual article to which the offence relates is forfeited to the Territory. (2) If a film, publication, computer game or sexual article has been lawfully seized by a police officer but no person has been charged with an offence in respect of it, a police officer must apply, within 60 days after the seizure, to the Local Court for the issue of a summons under subsection (3). (3) On an application under subsection (2), the Local Court must issue a summons requiring the occupier of the place from which or the person from whom, the film, publication, computer game or sexual article was seized, or both, to show cause why it should not be forfeited to the Territory. (4) If the Local Court issues a summons, it must cause notice of the proceeding to be given, if practicable, to each person whose name appears on the film, publication, computer game or sexual article as its author, publisher, printer, manufacturer or owner. (5) The Local Court may permit a person who claims to be the author, publisher, printer, manufacturer or owner of the film, publication, computer game or sexual article seized to appear in the proceeding, whether a notice has been given to the person or not.

Classification of Publications, Films and Computer Games Act 1985 58 (6) On the hearing of a summons: (a) if the Local Court is satisfied that: (i) an offence against this Act has been committed in respect of the film, publication, computer game or sexual article; and (ii) it is desirable that the film, publication, computer game or sexual article be forfeited to the Territory; it must so order the forfeiture; or (b) if the Local Court is not so satisfied, it must order that the film, publication, computer game or sexual article be delivered to the person apparently entitled to possession immediately before its seizure. (7) Subject to subsection (8), a film, publication, computer game or sexual article forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister. (8) The Minister must not direct the destruction of a film, publication, computer game or sexual article before the expiration of the time allowed for instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal. (9) The jurisdiction conferred on the Local Court under this section is part of the Court's criminal jurisdiction.

113

Authority to prosecute

113 Authority to prosecute Proceedings for an offence against this Act must not be instituted except with the written consent of the Attorney-General or the Director of Public Prosecutions.

114

Liability of executive officers of bodies corporate

114 Liability of executive officers of bodies corporate (1) If a body corporate commits an offence against this Act (the principal offence): (a) each executive officer of the body corporate commits an offence (the secondary offence); and (b) the officer is liable to the penalty applicable to an individual who commits the principal offence.

Classification of Publications, Films and Computer Games Act 1985 59 (2) However, it is a defence for an executive officer to establish: (a) the officer did not know, and could not reasonably have been expected to know, the principal offence was to be or was being committed; or (b) the officer exercised due diligence to prevent the commission of the principal offence. (3) The executive officer may be found guilty of the secondary offence even though the body corporate has not been charged with, or found guilty of, the principal offence. (4) This section does not affect the liability of the body corporate for the principal offence. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

115

Evidence

115 Evidence In proceedings for an offence against this Act, a certificate signed or purported to be signed by the National Director, Deputy Director or Convenor and stating that: (a) a film, publication or computer game is classified as specified in the certificate; or (b) a classified film or a classified computer game specified in the certificate is modified in a manner specified in the certificate; or (c) a film, publication or computer game is not classified, or is not classified at a classification specified in the certificate; or (d) the film, publication or computer game to which the certificate relates is the film, publication or computer game that has been so classified or not so classified, as the case may be; or (e) an advertisement described in the certificate is approved or has been refused approval, or has not been approved; is evidence of, and in the absence of evidence to the contrary is proof of, the facts stated in it.

Classification of Publications, Films and Computer Games Act 1985 60

116

Statement of prosecution

116 Statement of prosecution In a proceeding for an offence against this Act, a statement of the prosecution contained in an information or complaint about any of the matters listed in section 115 is evidence of the matter stated.

117

Commencement of prosecution for offence

117 Commencement of prosecution for offence A prosecution for an offence against this Act may be commenced within 2 years after the date on which the offence is alleged to have been committed.

118

Publication to prescribed person or body

118 Publication to prescribed person or body Despite anything to the contrary in this Act, a person may publish to a prescribed person or a prescribed body, or to a person or body of a prescribed class or description of persons or bodies: (a) a film or computer game classified RC, X 18+, R 18+ or MA 15+; or (b) a publication classified Category 1 restricted, Category 2 restricted or RC; or (c) a submittable publication.

119

Service of notices

119 Service of notices A notice that is required by this Act to be given to a person may be given by: (a) delivering it to the person personally; or (b) sending it to the person by post addressed to the person at his or her last known place of residence or business; or (c) leaving it at the person's last known place of residence or business with a person who apparently has attained the age of 16 years and is apparently resident or employed at that place.

120

Regulations

120 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Part 16

Repeals and transitional matters for Classification of Publications Act 1985

Part 16 Repeals and transitional matters for Classification of Publications Act 1985 Classification of Publications, Films and Computer Games Act 1985 61 (2) The Regulations may: (a) prescribe a fine for an offence against the Regulations not exceeding: (i) if the offender is an individual person – 20 penalty units; or (ii) if the offender is a body corporate – 100 penalty units; or (b) provide for: (i) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against this Act or the Regulations; and (ii) the service of a notice relating to payment of the amount on a person alleged to have committed the offence; and (iii) the particulars to be included in the notice; or (c) prescribe requirements for the construction, conduct and management of restricted publications areas. Part 16 Repeals and transitional matters for Classification of Publications Act 1985

121

Repeal

121 Repeal The Classification of Publications Act 1979 (being Act No. 135 of 1979) and the Classification of Publications Amendment Act 1982 (being Act No. 28 of 1982) are repealed.

122

Transitional

122 Transitional (1) The Acts repealed by section 67 continue to apply to and in relation to all publications which, immediately before the commencement of this Act, had a classification under those Acts as then in force, as if this Act had never commenced. (2) For section 17, the words this Act as used in that section include: (a) the Acts repealed by section 67; and (b) those Acts in their continued application because of subsection (1).

Part 17

Transitional matters for Classification of Publications, Films and Computer

Part 17 Transitional matters for Classification of Publications, Films and Computer Games Amendment Act 2005 Classification of Publications, Films and Computer Games Act 1985 62 Part 17 Transitional matters for Classification of Amendment Act 2005

123

Definitions

123 Definitions amending Commonwealth Act means the Classification (Publications, Films and Computer Games) Amendment Act 2004 (Cth). commencement date means the date on which this Part equivalent classification means: (a) for a film classified under the former scheme with a classification specified in column 1 of an item in the Table – the classification specified in column 3 of that item; or (b) for a computer game classified under the former scheme with a classification specified in column 2 of an item in the Table – the classification specified in column 3 of that item. former scheme means the scheme for the classification of publications, films and computer games under the Commonwealth Act as in force immediately before the commencement of

Sch 1

to the amending Commonwealth Act.

Schedule 1 to the amending Commonwealth Act. new scheme means the scheme for the classification of publications, films and computer games under the Commonwealth Act as in force on and after the commencement of Schedule 1 to the amending Commonwealth Act. TABLE Item Column 1 Film Column 2 Computer game Column 3 Film and computer game classifications – new scheme (see note) 1 G G G 2 PG G (8+) PG 3 M M (15+) M 4 MA MA (15+) MA 15+

Part 18 Transitional matters for Classification of Publications, Films and Computer Games Amendment Act 2008 Classification of Publications, Films and Computer Games Act 1985 63 Item Column 1 Film Column 2 Computer game Column 3 Film and computer game classifications – new scheme (see note) 5 R R 18+ 6 X X 18+ 7 RC RC RC Note for table The classifications R 18+ and X 18+ apply only to films.

124

Classifications made before commencement date

124 Classifications made before commencement date (1) On and after the commencement date, a film or computer game classified under the former scheme is taken to have the equivalent classification under the new scheme. (2) On and after the commencement date, a marking on an advertisement for the film or computer game, or on the container, wrapping or casing in which it is sold, showing the classification under the former scheme is taken to show the equivalent classification under the new scheme.

125

Offences committed before commencement date

125 Offences committed before commencement date (1) Proceedings for an offence against this Act that was committed or is alleged to have been committed before the commencement date must be dealt with as if this Act and the Commonwealth Act, as in force immediately before the commencement date, had continued in force. (2) Subsection (1) has effect whether the proceedings commence before or after the commencement date.

Part 18

Transitional matters for Classification of

Part 18 Transitional matters for Classification of Amendment Act 2008

126

Definitions

126 Definitions amending Act means the Classification of Publications, Films and Computer Games Amendment Act 2008.

Part 19

Transitional matters for Classification of Publications, Films and Computer

Part 19 Transitional matters for Classification of Publications, Films and Computer Games Amendment Act 2016 Classification of Publications, Films and Computer Games Act 1985 64 commencement date means the date on which this Part new Part 10 means Part 10 of this Act, as in force on the commencement date. old Part 10 means Part 10 of this Act, as in force immediately before the commencement date.

127

Applications, directions and approvals made

127 Applications, directions and approvals made (1) A direction or approval given under old Part 10 and in force immediately before the commencement date has effect as if it had been given under new Part 10. (2) An application for an approval made under old Part 10 and pending immediately before the commencement date is taken to have been made under new Part 10.

128

Transitional regulations

128 Transitional regulations The Regulations may make provision for transitional matters arising out of the enactment of the amending Act and for which this Act does not make sufficient provision. Part 19 Transitional matters for Classification of Amendment Act 2016

129

Definitions

129 Definitions commencement means the date on which the Classification of Publications, Films and Computer Games Amendment Act 2016

Part 10

means Part 10 of this Act, as in force immediately before

Part 10 means Part 10 of this Act, as in force immediately before the commencement.

130

Exemptions made before commencement

130 Exemptions made before commencement If an exemption was in force under Part 10 immediately before the commencement: (a) the exemption remains in force after the commencement; and (b) Part 10 continues to apply in relation to the exemption.

Part 19 Transitional matters for Classification of Publications, Films and Computer Games Amendment Act 2016 Classification of Publications, Films and Computer Games Act 1985 65

131

Applications not decided before commencement

131 Applications not decided before commencement If an application made under Part 10 has not been decided before the commencement, the application is taken never to have been made.

Classification of Publications, Films and Computer Games Act 1985 66 section 55(4) RESTRICTED PUBLICATIONS AREA PERSONS UNDER 18 YEARS OF AGE MAY NOT ENTER THE PUBLIC IS WARNED THAT SOME MATERIAL DISPLAYED IN THIS AREA MAY CAUSE OFFENCE

Classification of Publications, Films and Computer Games Act 1985 67 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Classification of Publications Act 1985 (Act No. 7, 1985) Assent date 1 April 1985 Commenced ss 5, 6, 25 and 26: 1 May 1986 (Gaz G17, 1 May 1985, p 7); rem: 1 June 1986 (Gaz S26, 28 May 1986) Statute Law Revision Act 1989 (Act No. 60, 1989) Assent date 2 October 1989 Commenced 2 October 1989 Director of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29, 1990) Assent date 11 June 1990 Commenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions Act 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991, p 9) Classification of Publications Amendment Act 1991 (Act No. 63, 1991) Assent date 14 November 1991 Commenced 12 August 1992 (Gaz G32, 12 August 1992, p 3) Amending Legislation Statute Law Revision Act 1992 (Act No. 46, 1992) Assent date 7 September 1992 Commenced 7 September 1992 (s 2(2)) Classification of Publications and Films Amendment Act 1992 (Act No. 82, 1992) Assent date 18 December 1992 Commenced 1 January 1993 (Gaz S66, 24 December 1992, p 3) Classification of Publications and Films Amendment Act 1993 (Act No. 10, 1993) Assent date 15 April 1993 Commenced 1 May 1993 (Gaz S42, 30 April 1993)

Classification of Publications, Films and Computer Games Act 1985 68 Classification of Publications and Films Amendment Act 1994 (Act No. 18, 1994) Assent date 18 April 1994 Commenced 1 June 1994 (Gaz S35, 20 May 1994) Amending Legislation Statute Law Revision Act 1994 (Act No. 50, 1994) Assent date 20 September 1994 Commenced 20 September 1994 Statute Law Revision Act 1994 (Act No. 50, 1994) Assent date 20 September 1994 Commenced 20 September 1994 Classification of Publications and Films Amendment Act 1995 (Act No. 53, 1995) Assent date 28 December 1995 Commenced 1 January 1996 (s 3, s 2 Classification (Publications, Films and Computer Games) Act 1995 (Cth Act No. 7, 1995) and Cth Gaz GN50, 1 January 1996) Statute Law Revision Act 1998 (Act No. 11, 1998) Assent date 30 March 1998 Commenced 30 March 1998 Classification of Publications, Films and Computer Games Amendment Act 2002 (Act No. 1, 2002) Assent date 28 March 2002 Commenced 22 March 2002 (s 2) Classification of Publications, Films and Computer Games Amendment Act 2005 (Act No. 21, 2005) Assent date 6 May 2005 Commenced 26 May 2005 (s 2 and s 2 Classification (Publications, Films and Computer Games) Act 2004 (Cth Act No. 61, 2004)) Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007 (s 2) Classification of Publications, Films and Computer Games Amendment Act 2008 (Act No. 25, 2008) Assent date 17 October 2008 Commenced 1 July 2009 (Gaz G25, 24 June 2009, p 2) Statute Law Revision Act 2010 (Act No. 29, 2010) Assent date 9 September 2010 Commenced 13 October 2010 (Gaz G41, 13 October 2010, p 2) Statute Law Revision Act 2011 (Act No. 30, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Classification of Publications, Films and Computer Games Amendment Act 2012 (Act No. 29, 2012) Assent date 11 December 2012 Commenced 1 January 2013 (s 2)

Classification of Publications, Films and Computer Games Act 1985 69 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Classification of Publications, Films and Computer Games Amendment Act 2017 (Act No. 1, 2017) Assent date 10 March 2017 Commenced 10 March 2017 Justice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022) Assent date 14 April 2022 Commenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 38 Classification of Publications Amendment Act 1995 (Act No. 63, 1991) s 27 Classification of Publications and Films Amendment Act 1995 (Act No. 53, 1995) s 18 Classification of Publications, Films and Computer Games Amendment Act 2002 (Act No. 1, 2002) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 110.

LIST OF AMENDMENTS

5 LIST OF AMENDMENTS lt amd No. 63, 1991, s 4 pt 1 hdg amd No. 25, 2008, s 27; No. 30, 2011, s 3 s 1 amd No. 63, 1991, s 5; No. 53, 1995, s 5 s 3 amd No. 63, 1991, s 6; No. 18, 1994, s 4 sub No. 53, 1995, s 6 amd No. 1, 2002, s 4; No. 25, 2008, s 4; No. 30, 2011, s 3; No. 8, 2016, s 45; No. 1, 2017, s 3; No. 6, 2022, s 13 s 3A ins No. 53, 1995, s 7 s 3B ins No. 25, 2008, s 5 s 4 amd No. 63, 1991, s 7 sub No. 53, 1995, s 7; No. 1, 2002, s 5 amd No. 30, 2011, s 3; No. 1, 2017, s 4 s 4AA ins No. 25, 2008, s 6 pt 2 hdg amd No. 25, 2008, s 27 s 4A ins No. 63, 1991, s 8 s 5 amd No. 63, 1991, s 9 rep No. 53, 1995, s 8 s 6 rep No. 53, 1995, s 8 s 7 rep No. 6, 2022, s 14

Classification of Publications, Films and Computer Games Act 1985 70 s 8 amd No. 53, 1995, s 9; No. 7, 2007, s 16; No. 29, 2010, s 7; No. 30, 2011, s 3 ss 9 – 14 amd No. 30, 2011, s 3 s 15 amd No. 29, 2010, s 7; No. 30, 2011, s 3 s 16 sub No. 53, 1995, s 10 amd No. 11, 1998, s 10; No. 29, 2010, s 7; No. 30, 2011, s 3 s 17 amd No. 63, 1991, s 10; No. 30, 2011, s 3 pt 3 hdg sub No. 53, 1995, s 11 pt 3 div 1 hdg rep No. 53, 1995, s 11 s 18 amd No. 63, 1991, s 11 s 19 amd No. 63, 1991, s 12 s 20 amd No. 63, 1991, s 13 s 21 amd No. 60, 1989, s 6 sub No. 63, 1991, s 14 s 22 amd No. 63, 1991, s 15 ss 23 – 24 rep No. 53, 1995, s 11 ss 24A – 24B ins No. 18, 1994, s 5 ss 24C – 24D ins No. 18, 1994, s 5 amd No. 50, 1994, s 2 s 24E ins No. 18, 1994, s 5 pt 3 div 2 hdg rep No. 53, 1995, s 11 s 25 amd No. 63, 1991, s 16; No. 18, 1994, s 6; No. 50, 1994, s 2; No. 53, 1995, s 12; No. 30, 2011, s 3 s 26 amd No. 63, 1991, s 17; No. 18, 1994, s 15 s 27 amd No. 63, 1991, s 18 s 28 sub No. 18, 1994, s 7 s 29 amd No. 63, 1991, s 19; No. 10, 1993, ss 4 and 12 s 30 amd No. 63, 1991, s 20; No. 18, 1994, s 15 s 30A ins No. 63, 1991, s 21 s 31 sub No. 63, 1991, s 22 s 32 sub No. 63, 1991, s 22 s 33 sub No. 63, 1991, s 22 s 34 rep No. 63, 1991, s 22

Classification of Publications, Films and Computer Games Act 1985 71 pt 3 div 2A hdg ins No. 63, 1991, s 23 s 34A ins No. 63, 1991, s 23 s 34B ins No. 63, 1991, s 23 ss 34C – 34D ins No. 63, 1991, s 23 pt 3 div 3 hdg rep No. 53, 1995, s 14 pt 4 hdg sub No. 53, 1995, s 14; No. 25, 2008, s 7 pt 4 div 1 hdg amd No. 18, 1994, s 10 sub No. 53, 1995, s 14; No. 25, 2008, s 7 s 35 amd No. 63, 1991, s 24; No. 18, 1994, s 8; No. 50, 1994, s 2 amd No. 21, 2005, s 4 amd No. 1, 2017, s 5 s 35A ins No. 18, 1994, s 9 s 36 amd No. 63, 1991, s 25; No. 10, 1993, ss 5 and 12 amd No. 21, 2005, s 5 s 37 amd No. 63, 1991, s 26 amd No. 21, 2005, s 6 s 38 amd No. 18, 1994, s 11 amd No. 21, 2005, s 7 pt 4 div 1A hdg ins No. 63, 1991, s 27 s 38A ins No. 63, 1991, s 27 amd No. 10, 1993, s 6 s 38B ins No. 63, 1991, s 27 amd No. 82, 1992, s 4; No. 10, 1993, s 7 s 38C ins No. 63, 1991, s 27 s 38D ins No. 63, 1991, s 27 amd No. 10, 1993, s 8 s 38DA ins No. 10, 1993, s 9 s 38E ins No. 63, 1991, s 27 s 38F ins No. 63, 1991, s 27

Classification of Publications, Films and Computer Games Act 1985 72 s 38FA ins No. 10, 1993, s 10 s 38G ins No. 63, 1991, s 27 s 39 sub No. 53, 1995, s 14 amd No. 21, 2005, s 8 s 40 sub No. 53, 1995, s 14 amd No. 21, 2005, s 9 s 41 sub No. 53, 1995, s 14 amd No. 21, 2005, s 10 s 42 sub No. 53, 1995, s 14 amd No. 21, 2005, s 11 s 43 sub No. 53, 1995, s 14 amd No. 21, 2005, s 12 s 44 sub No. 53, 1995, s 14 amd No. 21, 2005, s 13 pt 4 div 2 hdg sub No. 53, 1995, s 14; No. 25, 2008, s 7 s 45 sub No. 53, 1995, s 14 amd No. 21, 2005, s 14 amd No. 1, 2017, s 6 s 46 sub No. 53, 1995, s 14 amd No. 21, 2005, s 15 s 47 amd No. 18, 1994, s 15 amd No. 1, 2002, s 6; No. 21, 2005, s 16 amd No. 1, 2017, s 7 s 47A ins No. 63, 1991, s 28 s 48 amd No. 18, 1994, s 15 amd No. 21, 2005, s 17 s 49 amd No. 63, 1991, s 29; No. 10, 1993, ss 11 and 12; No. 18, 1994, s 15 amd No. 21, 2005, s 18 s 49A ins No. 18, 1994, s 12 s 50 sub No. 53, 1995, s 14 amd No. 21, 2005, s 19 s 50A ins No. 63, 1991, s 30 amd No. 21, 2005, s 20

Classification of Publications, Films and Computer Games Act 1985 73 s 50B ins No. 53, 1995, s 14 amd No. 21, 2005, s 21 s 50C ins No. 53, 1995, s 14 amd No. 21, 2005, s 22 s 50D ins No. 53, 1995, s 14 amd No. 21, 2005, s 23 s 50E ins No. 53, 1995, s 14 amd No. 1, 2002, s 7; No. 21, 2005, s 24 s 50F ins No. 53, 1995, s 14 amd No. 1, 2002, s 8; No. 21, 2005, s 25 s 50FA ins No. 1, 2002, s 9 amd No. 21, 2005, s 26 s 50FB ins No. 1, 2002, s 9 amd No. 21, 2005, s 27 s 50G ins No. 53, 1995, s 14 amd No. 1, 2002, s 10; No. 21, 2005, s 28 s 50H ins No. 53, 1995, s 14 amd No. 21, 2005, s 29 s 50I ins No. 53, 1995, s 14 amd No. 21, 2005, s 30 s 50J ins No. 53, 1995, s 14 amd No. 21, 2005, s 31 s 50K ins No. 53, 1995, s 14 amd No. 21, 2005, s 32 s 50L ins No. 53, 1995, s 14 amd No. 21, 2005, s 33 s 50M ins No. 53, 1995, s 14 amd No. 21, 2005, s 34 s 50N ins No. 53, 1995, s 14 amd No. 21, 2005, s 35 s 50P ins No. 53, 1995, s 14 amd No. 21, 2005, s 36 s 50Q ins No. 53, 1995, s 14 amd No. 21, 2005, s 37 s 50R ins No. 53, 1995, s 14 amd No. 1, 2002, s 11; No. 21, 2005, s 38 s 50S ins No. 53, 1995, s 14 amd No. 21, 2005, s 39

Classification of Publications, Films and Computer Games Act 1985 74 s 50T ins No. 53, 1995, s 14 amd No. 21, 2005, s 40 s 50U ins No. 53, 1995, s 14 amd No. 21, 2005, s 41 s 50V ins No. 53, 1995, s 14 amd No. 21, 2005, s 42 s 50W ins No. 53, 1995, s 14 amd No. 21, 2005, s 43 s 50ZB ins No. 53, 1995, s 14 amd No. 1, 2002, s 12; No. 21, 2005, s 46 s 50ZC ins No. 53, 1995, s 14 amd No. 21, 2005, s 47 s 50ZD ins No. 53, 1995, s 14 amd No. 21, 2005, s 48 s 50ZE ins No. 53, 1995, s 14 amd No. 21, 2005, s 49 s 50ZF ins No. 53, 1995, s 14 amd No. 21, 2005, s 50 s 50ZG ins No. 53, 1995, s 14 amd No. 21, 2005, s 51 s 50ZH ins No. 53, 1995, s 14 amd No. 1, 2002, s 13; No. 21, 2005, s 52 s 50ZI ins No. 53, 1995, s 14 amd No. 1, 2002, s 14; No. 21, 2005, s 53 s 50ZJ ins No. 53, 1995, s 14 amd No. 21, 2005, s 54 s 50ZK ins No. 53, 1995, s 14 amd No. 21, 2005, s 55 s 50ZL ins No. 53, 1995, s 14 amd No. 21, 2005, s 56 pt 4 div 3 hdg ins No. 53, 1995, s 14 ss 51 – 53 ins No. 25, 2008, s 7 pt 5 hdg ins No. 53, 1995, s 14 s 54 ins No. 25, 2008, s 7 s 55 amd No. 1, 2017, s 8 s 56 amd No. 1, 2017, s 9 ss 57 – 58 ins No. 25, 2008, s 7 s 59 ins No. 25, 2008, s 7 amd No. 1, 2017, s 10 s 60 ins No. 25, 2008, s 7

Classification of Publications, Films and Computer Games Act 1985 75 s 60A ins No. 63, 1991, s 32 amd No. 82, 1992, s 6 ss 60B – 60G ins No. 63, 1991, s 32 s 61 amd No. 63, 1991, s 33 rep No. 53, 1995, s 23 ins No. 25, 2008, s 7 s 61A ins No. 63, 1991, s 35 rep No. 53, 1995, s 23 s 62 ins No. 25, 2008, s 7 pt 6 hdg ins No. 53, 1995, s 14 s 63 ins No. 25, 2008, s 7 amd No. 1, 2017, s 11 s 64 ins No. 25, 2008, s 7 s 65 ins No. 25, 2008, s 7 amd No. 29, 2012, s 4 s 65A ins No. 29, 2012, s 5 s 66 ins No. 25, 2008, s 7 s 67 ins No. 25, 2008, s 7 amd No. 29, 2010, s 7; No. 29, 2012, s 6 s 68 ins No. 25, 2008, s 7 amd No. 29, 2012, s 7 s 69 ins No. 25, 2008, s 7 amd No. 1, 2017, s 12 s 70 ins No. 25, 2008, s 7 s 71 ins No. 25, 2008, s 7 amd No. 29, 2012, s 8 s 72 ins No. 25, 2008, s 7 s 73 ins No. 25, 2008, s 7 amd No. 29, 2012, s 9 s 74 ins No. 25, 2008, s 7 pt 7 hdg ins No. 53, 1995, s 14 amd No. 25, 2008, s 17 s 75 ins No. 53, 1995, s 14 renum and amd No. 25, 2008, s 8 s 76 ins No. 53, 1995, s 14 renum No. 25, 2008, s 9 s 77 ins No. 53, 1995, s 14 amd No. 21, 2005, s 44 sub No. 25, 2008, s 10 s 78 ins No. 53, 1995, s 14 amd No. 21, 2005, s 45 sub No. 25, 2008, s 10 pt 8 hdg ins No. 53, 1995, s 14 sub No. 25, 2008, s 11 ss 79 – 84 ins No. 25, 2008, s 11 s 85 ins No. 25, 2008, s 11 amd No. 1, 2017, s 13 ss 86 – 89 ins No. 25, 2008, s 11 pt 9 hdg ins No. 53, 1995, s 14

Classification of Publications, Films and Computer Games Act 1985 76 s 90 ins No. 53, 1995, s 14 amd No. 21, 2005, s 57 renum and amd No. 25, 2008, s 12 amd No. 30, 2011, s 3; No. 1, 2017, s 14 s 91 ins No. 1, 2002, s 15 amd No. 21, 2005, s 58 renum and amd No. 25, 2008, s 13 amd No. 30, 2011, s 3; No. 1, 2017, s 15 s 92 ins No. 53, 1995, s 14 amd No. 1, 2002, s 16; No. 21, 2005, s 59 renum and amd No. 25, 2008, s 14 amd No. 30, 2011, s 3; No. 1, 2017, s 16 s 93 ins No. 53, 1995, s 14 amd No. 21, 2005, s 60 renum and amd No. 25, 2008, s 15 s 94 ins No. 1, 2002, s 17 amd No. 21, 2005, s 61 renum and amd No. 25, 2008, s 16 s 95 ins No. 1, 2002, s 17 amd No. 21, 2005, s 62 renum and amd No. 25, 2008, s 17 pt 10 hdg ins No. 25, 2008, s 18 rep No. 1, 2017, s 17 ss 96 – 100 ins No. 25, 2008, s 18 rep No. 1, 2017, s 17 pt 11 hdg ins No. 25, 2008, s 18 ss 101 – 103 ins No. 25, 2008, s 18 pt 12 hdg ins No. 25, 2008, s 18 ss 104 – 105 ins No. 25, 2008, s 18 pt 13 hdg ins No. 25, 2008, s 18 ss 106 – 108 ins No. 25, 2008, s 18 pt 14 hdg amd No. 53, 1995, s 19; No. 25, 2008, s 27 s 109 renum No. 25, 2008, s 19 s 110 renum No. 25, 2008, s 19 s 111 renum and amd No. 25, 2008, s 20 amd No. 29, 2010, s 7; No. 30, 2011, s 3; No. 8, 2016, s 45 s 112 amd No. 63, 1991, s 31 sub No. 53, 1995, s 20 renum No. 25, 2008, s 21 amd No. 30, 2011, s 3; No. 8, 2016, s 45 pt 15 hdg ins No. 63, 1991, s 32 amd No. 53, 1995, s 21; No. 25, 2008, s 27; No. 30, 2011, s 3 pt 15 div 1 hdg ins No. 63, 1991, s 32 pt 15 div 2 hdg ins No. 63, 1991, s 34 sub No. 50, 1994, s 2 s 113 amd No. 29, 1990, s 7 renum No. 25, 2008, s 21 s 114 rep and renum No. 25, 2008, s 22

Classification of Publications, Films and Computer Games Act 1985 77 s 115 sub No. 63, 1991, s 36; No. 53, 1995, s 24 renum and amd No. 25, 2008, s 23 s 116 ins No. 25, 2008, s 24 s 117 ins No. 53, 1995, s 24 s 118 ins No. 53, 1995, s 24 amd No. 21, 2005, s 71 amd No. 29, 2010, s 7 s 119 renum No. 25, 2008, s 25 s 120 amd No. 63, 1991, s 37; No. 21, 2005, s 72 pt 16 hdg amd No. 53, 1995, s 25 sub No. 21, 2005, s 73 s 121 renum No. 25, 2008, s 25 s 122 renum No. 25, 2008, s 25 pt 17 hdg ins No. 21, 2005, s 74 ss 123 – 125 ins No. 21, 2005, s 74 pt 18 hdg ins No. 25, 2008, s 26 ss 126 – 128 ins No. 25, 2008, s 26 pt 19 hdg ins No. 1, 2017, s 18 ss 129 – 131 ins No. 1, 2017, s 18 sch ins No. 53, 1995, s 26

Source text: opening excerpt

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 Classification of Publications, Films and Computer Games Act 1985

NORTHERN TERRITORY OF AUSTRALIA CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT 1985 As in force at 1 July 2022 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 3A Exhibition of film .............................................................................. 4 3B Films consisting only of classified films ........................................... 4 4 Application ....................................................................................... 4 4AA Application of Criminal Code ........................................................... 5 Part 2 Administration 4A Delegations...................................................................................... 5 Part 3 Arrangements with Commonwealth 25 Arrangements with Commonwealth for censoring films ................... 5 Part 4 Films Division 1 Exhibition of films 35 Exhibition of films in public place ..................................................... 6 36 Display of notice about classifications ............................................. 6 37 Exhibition of RC and X 18+ films ..................................................... 7 38 Exhibition of unclassified, RC and X 18+ films ................................ 7 39 Exhibition of R 18+ and MA 15+ films.............................................. 8 40 Attendance of child at certain films – offence by parents and guardians ......................................................................................... 9 41 Attendance of child at certain films – offence by child ..................... 9 42 Private exhibition of certain films in presence of child ..................... 9 43 Attendance of child at R 18+ films – offence by exhibitor .............. 10 44 Attendance of child at MA 15+ films – offence by exhibitor ........... 11 Division 2 Sale of films 45 Sale of films ................................................................................... 11 46 Display of notice about classifications ........................................... 12 47 Film must display determined markings and consumer advice...... 13

Classification of Publications, Films and Computer Games Act 1985 ii 48 Possession of unclassified or RC films and other films at certain premises ............................................................................ 14 49 Display of X 18+ films for sale ....................................................... 14 50 Sale or delivery of certain films to child ......................................... 15 Division 3 Miscellaneous matters 51 Power to demand particulars and expel persons ........................... 18 52 Leaving films in certain places ....................................................... 18 53 Possession of films with intention to publish .................................. 19 Part 5 Publications 54 Sale or delivery of submittable or RC publications ........................ 20 55 Sale or delivery of Category 1 restricted publications .................... 20 56 Sale or delivery of Category 2 restricted publications .................... 21 57 Sale or delivery of publications contrary to conditions ................... 23 58 Consumer advice for unrestricted publications .............................. 23 59 Misleading or deceptive markings ................................................. 24 60 Sale of certain publications to a child ............................................ 24 61 Leaving or display publications in certain places ........................... 25 62 Possession or copying of publications with intention to sell ........... 26 Part 6 Computer games 63 Sale or demonstration of unclassified computer games ................ 27 64 Display of notice about classifications ........................................... 28 65 Sale or demonstration of unclassified and RC computer games ............................................................................................ 28 65A Demonstration of R 18+ computer games ..................................... 28 66 Demonstration of MA 15+ computer games .................................. 29 67 Demonstration of unclassified, RC, R 18+ and MA 15+ computer games ............................................................................ 29 68 Private demonstration of unclassified, RC or R 18+ computer games in presence of child ............................................................ 30 69 Computer game must display determined markings and consumer advice ........................................................................... 31 70 Possession of unclassified or RC computer games with other computer games at certain premises............................................. 32 71 Sale or delivery of certain computer games to child ...................... 32 72 Power to demand particulars and expel persons ........................... 34 73 Leaving computer games in certain places.................................... 35 74 Possession of computer games with intention to publish .............. 36 Part 7 Computer services 75 Definitions ...................................................................................... 37 76 Codes of practice........................................................................... 38 77 Objectionable material ................................................................... 38