Part 1 Preliminary

1 Short title

This Act may be cited as the Classification (Publications, Films and Computer Games) Enforcement Act 1995 .

2 Commencement

This Act commences on a day to be proclaimed.

3 Interpretation

In this Act, unless the contrary intention appears –

acceptable proof of age, in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person as showing that the person is an adult;

adult means a person who is 18 or older;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] advertisement has the same meaning as in the Commonwealth Act;

[Section 3 Amended by No. 38 of 2008, s. 18, Applied:23 Jul 2009] Advertising Scheme means the scheme determined from time to time under section 31 of the Commonwealth Act;

approved advertisement means an advertisement approved under section 29 of the Commonwealth Act ;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 38 of 2008, s. 4, Applied:22 Oct 2008]

[Section 3 Amended by No. 38 of 2008, s. 4, Applied:22 Oct 2008] approved form means a form approved under section 8A of the Commonwealth Act;

bestiality means sexual activity of any kind between a human being and an animal;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Board means the Classification Board established by the Commonwealth Act;

business day means a day other than –

(a) a Saturday or Sunday; or

(b) [Section 3 Amended by No. 82 of 2000, Sched. 1, Applied:13 Dec 2000] a statutory holiday as defined in the Statutory Holidays Act 2000 ;

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;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 6 of 2005, s. 4, Applied:06 May 2005] [Section 3 Amended by No. 29 of 2005, s. 6, Applied:01 Aug 2005]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] classification certificate means a certificate issued under section 25 of the Commonwealth Act;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] classified means classified under the Commonwealth Act, including reclassified under that Act;

[Section 3 Amended by No. 6 of 2005, s. 7, Applied:26 May 2005] Code means the National Classification Code, set out in the Schedule to the Commonwealth Act as originally enacted, as amended in accordance with section 6 of the Commonwealth Act ;

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

Commonwealth Gazette means the Commonwealth of Australia Gazette;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] computer game has the same meaning as in the Commonwealth Act;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

consumer advice means consumer advice given under section 20 of the Commonwealth Act ;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] [Section 3 Amended by No. 6 of 2005, s. 7, Applied:26 May 2005] [Section 3 Amended by No. 43 of 2012, s. 4, Applied:01 Jan 2013] contentious material, in relation to a computer game, means material that would be likely to cause it to be classified M, MA 15+, R 18+ or RC;

[Section 3 Amended by No. 38 of 2008, s. 4, Applied:22 Oct 2008] Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act;

demonstrate includes exhibit, display, screen, play or make available for playing;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Deputy Director means Deputy Director of the Board;

determined markings means markings determined under section 8 of the Commonwealth Act ;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Director means Director of the Board;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] exempt computer game has the same meaning as in the Commonwealth Act;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] exempt film has the same meaning as in the Commonwealth Act;

exhibit –

(a) in relation to a film, means project or screen; and

(b) in relation to a publication, includes display;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] film has the same meaning as in the Commonwealth Act;

guardian means an adult who is exercising parental control over a minor under 15;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] international flight, in relation to an aircraft, means a flight that passes through the airspace over the territory of more than one country and includes any part of the flight that may occur within Australia;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] 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;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

minor means a person under 18 who is not married;

notice means notice in writing;

objectionable publication means a publication that –

(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult; or

(b) [Section 3 Amended by No. 29 of 2005, s. 6, Applied:01 Aug 2005]

(c) describes, depicts, expresses or otherwise deals with an act of bestiality; or

(d) [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] promotes, incites or encourages terrorism; or

(e) [Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] is classified RC or would, if classified, be classified RC;

parent includes guardian;

place includes premises or vacant land;

[Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] premises includes vehicle, vessel and aircraft except a vessel on an international voyage or an aircraft on an international flight;

privately means not in a public place;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

public place means any place which the public is entitled to use, or which is open to or used by the public, whether on payment of money or otherwise;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] publication has the same meaning as in the Commonwealth Act;

publish includes sell, exhibit, display, distribute and demonstrate;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

relevant consumer advice means advice determined under section 20 of the Commonwealth Act ;

reproduce, in relation to a publication, means to reproduce that publication by means of printing, photographing or recording or by any other means;

responsible person means, in respect of a business carried on, in or on any premises, each of the following:

(a) the person carrying on the business;

(b) any person apparently having the management or charge of the business either generally or so far as it is carried on in or on those premises;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Review Board means the Classification Review Board established by the Commonwealth Act;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] Review Committee means the Review Committee established by the Minister under section 41A ;

sell means sell, whether by wholesale or retail, and includes the following:

(a) offer or expose for sale;

(b) keep or have in possession for sale or to let on hire;

(c) barter or exchange;

(d) let on hire or offer to let on hire;

(e) deal in or agree to sell;

(f) send, forward or deliver for, or in consideration of receiving, any payment or other consideration;

(g) receive for sale or on sale;

[Section 3 Amended by No. 5 of 2015, s. 12, Applied:11 Sep 2015] subject to a conditional cultural exemption has the same meaning as in the Commonwealth Act;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002] submittable publication has the same meaning as in the Commonwealth Act and includes a publication called in by the Minister or Director under section 64 ;

[Section 3 Amended by No. 118 of 2001, s. 4, Applied:22 Mar 2002]

terrorism has the meaning assigned to that expression by the Australian Security Intelligence Organization Act 1979 of the Commonwealth;

vehicle has the meaning assigned to that expression by the Traffic Act 1925 .

3A Application of Act

[Section 3A Inserted by No. 118 of 2001, s. 5, Applied:22 Mar 2002] This Act does not apply to –

(a) exempt films or exempt computer games; or

(ab) [Section 3A Amended by No. 5 of 2015, s. 13, Applied:11 Sep 2015] a publication, film or computer game that is subject to a conditional cultural exemption; or

(b) broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies.

4 When is a person taken to have exhibited a film in a public place?

For the purposes of this Act, a person is taken to have exhibited a film in a public place if the person –

(a) arranged or conducted the exhibition of the film in the public place; or

(b) had the superintendence or management of the public place in which the film was exhibited.

4A Films contained on devices consisting only of classified films

[Section 4A Inserted by No. 38 of 2008, s. 5, Applied:22 Oct 2008] Despite any other provision of this Act, a film that –

(a) is contained on one device; and

(b) consists only of 2 or more classified films –

is to be treated for the purposes of this Act as if each of the classified films were on a separate device.

Part 2 Publications

Division 1

[Division 1 of Part 2 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

5.

[Section 5 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

6.

[Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 6 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

Division 2

[Division 2 of Part 2 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

7.

[Section 7 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

8.

[Section 8 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

9.

[Section 9 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

10.

[Section 10 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

11.

[Section 11 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

12.

[Section 12 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

13.

[Section 13 Repealed by No. 118 of 2001, s. 6, Applied:22 Mar 2002]

Division 3 Category 1 and 2 restricted publications

14 Conditions applying to category 1 restricted publications

(1)  [Section 14 Subsection (1) amended by No. 118 of 2001, s. 7, Applied:22 Mar 2002] The following conditions apply in relation to a publication that is classified category 1 restricted:

(a) [Section 14 Subsection (1) amended by No. 43 of 2012, s. 5, Applied:01 Jan 2013] the publication must not be sold or delivered to a minor;

(b) the publication must not be exhibited in a public place unless the publication is contained in a sealed package;

(c) if the sealed package referred to in paragraph (b) is made of transparent material –

(i) the publication must bear the determined markings; and

(ii) no more than the top 6 centimetres of the publication is to be exhibited or displayed in a public place;

(d) if the sealed package referred to in paragraph (b) is made of opaque material – both the publication and the package must bear the determined markings;

(e) the publication must not be exhibited in a public place unless it is exhibited in a designated area of the public place in a vertical rack.

(1A)  [Section 14 Subsection (1A) inserted by No. 118 of 2001, s. 7, Applied:22 Mar 2002] If –

(a) [Section 14 Subsection (1A) amended by No. 5 of 2015, s. 4, Applied:15 May 2015] a publication is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or

(b) [Section 14 Subsection (1A) amended by No. 5 of 2015, s. 4, Applied:15 May 2015] the Board revokes a classification for a publication under section 22B(3) or 22CH(1) of that Act –

it is sufficient compliance with subsection (1)(c)(i) and (d) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation.

(2)  It is sufficient compliance with subsection (1) (c) (ii) if that part of the publication below the top 6 centimetres –

(a) is hidden by a cover, rack or other thing; and

(b) cannot be seen except by handling the publication.

(3)  For the purpose of subsection (1) (e) , designated area means an area which is –

(a) [Section 14 Subsection (3) amended by No. 118 of 2001, s. 7, Applied:22 Mar 2002] used to exhibit or display publications classified category 1 restricted; and

(b) easily identifiable and clearly marked as an area where publications which are unsuitable for perusal by minors are exhibited.

15 Conditions applying to category 2 restricted publications

[Section 15 Substituted by No. 118 of 2001, s. 8, Applied:22 Mar 2002]

(1)  The following conditions apply in relation to a publication that is classified category 2 restricted:

(a) [Section 15 Subsection (1) amended by No. 43 of 2012, s. 6, Applied:01 Jan 2013] the publication must not be sold, delivered or exhibited to a minor;

(b) the publication must not be exhibited in a public place or in such a manner that it is visible from a public place;

(c) the publication must not be sold or delivered to a person unless the publication bears the determined markings;

(d) the publication must not be sold or delivered to a person who has not made a direct request for the publication;

(e) the publication must not be sold or delivered to a person unless the publication is contained in a package made of plain opaque material.

(2)  If –

(a) [Section 15 Subsection (2) amended by No. 5 of 2015, s. 5, Applied:15 May 2015] a publication is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or

(b) [Section 15 Subsection (2) amended by No. 5 of 2015, s. 5, Applied:15 May 2015] the Board revokes a classification for a publication under section 22B(3) or 22CH(1) of that Act –

it is sufficient compliance with subsection (1)(c) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation.

16 Offences in relation to category 1 and 2 restricted publications

(1)  [Section 16 Subsection (1) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] A person must not sell, deliver, exhibit or otherwise deal with, or cause or permit to be sold, delivered, exhibited or otherwise dealt with, a publication classified category 1 restricted or category 2 restricted otherwise than in accordance with the conditions applicable to that publication.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  [Section 16 Subsection (2) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] [Section 16 Subsection (2) substituted by No. 43 of 2012, s. 7, Applied:01 Jan 2013] A person must not sell a publication classified category 2 restricted to another person knowing or having reason to believe that that other person intends to deliver or exhibit the publication to a minor.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(3)  A responsible person in respect of a business carried on in or on any premises must not –

(a) [Section 16 Subsection (3) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] permit a minor employed in that business to have access to a publication classified category 2 restricted; or

(b) [Section 16 Subsection (3) amended by No. 118 of 2001, s. 9, Applied:22 Mar 2002] cause or permit such a minor to sell a publication classified category 2 restricted.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

16A Sale or delivery of publications contrary to conditions

[Section 16A Inserted by No. 118 of 2001, s. 10, Applied:22 Mar 2002] If a publication is classified Unrestricted or category 1 restricted subject to a condition imposed under section 13A of the Commonwealth Act, a person must not sell or deliver the publication except in accordance with that condition.

Penalty:  Fine not exceeding 20 penalty units.

16B Consumer advice for Unrestricted publications

[Section 16B Inserted by No. 118 of 2001, s. 10, Applied:22 Mar 2002] A person must not sell a publication classified Unrestricted in respect of which the Board has determined consumer advice under section 20(2) of the Commonwealth Act unless the consumer advice is displayed on the publication or the packaging of the publication.

Penalty:  Fine not exceeding 20 penalty units.

Division 4 Other publications and offences

17 Offences in relation to unclassified objectionable publications

(1)  Subject to subsection (2) , a person must not –

(a) sell or deliver an unclassified objectionable publication or cause or permit such a publication to be sold or delivered; or

(b) exhibit, or cause or permit to be exhibited, an unclassified objectionable publication in a public place or in such a manner that it is visible from a public place.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  [Section 17 Subsection (2) omitted by No. 118 of 2001, s. 11, Applied:22 Mar 2002] .  .  .  .  .  .  .  .  

(3)  A person is not to be convicted of an offence under subsection (1) if it is proved that –

(a) since the offence was alleged to have been committed the publication has been classified; and

(b) the act alleged to constitute the offence did not infringe any conditions, other than the conditions relating to prescribed markings, that would have been applicable to the publication had it been so classified at the time when the act was done.

(4)  [Section 17 Subsection (4) amended by No. 43 of 2012, s. 8, Applied:01 Jan 2013] A person must not exhibit an unclassified objectionable publication to a minor.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(5)  A person must not publish an advertisement relating to an unclassified objectionable publication or cause or permit such an advertisement to be published.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

18 Offences in relation to prohibited publications

(1)  A person must not –

(a) [Section 18 Subsection (1) amended by No. 118 of 2001, s. 12, Applied:22 Mar 2002] sell or deliver a publication classified RC or cause or permit such a publication to be sold or delivered; or

(b) [Section 18 Subsection (1) amended by No. 118 of 2001, s. 12, Applied:22 Mar 2002] exhibit, or cause or permit to be exhibited, a publication classified RC in a public place or in such a manner that it is visible from a public place.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  [Section 18 Subsection (2) amended by No. 118 of 2001, s. 12, Applied:22 Mar 2002] A person must not exhibit a publication classified RC to a minor.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

19 Offences in relation to misleading or deceptive markings

(1)  A person must not publish an unclassified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication has been classified.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not publish a classified publication with a marking, or in packaging with a marking, that indicates that the publication is unclassified or has a different classification.

Penalty:  Fine not exceeding 10 penalty units.

(3)  [Section 19 Subsection (3) inserted by No. 118 of 2001, s. 13, Applied:22 Mar 2002] If –

(a) [Section 19 Subsection (3) amended by No. 5 of 2015, s. 6, Applied:15 May 2015] a publication is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or

(b) [Section 19 Subsection (3) amended by No. 5 of 2015, s. 6, Applied:15 May 2015] the Board revokes a classification for a publication under section 22B(3) or 22CH(1) of that Act –

it is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation.

Part 3 Films

20 Requirements for exhibiting film in public place

[Section 20 Substituted by No. 38 of 2008, s. 6, Applied:22 Oct 2008]

(1)  A person must not exhibit a film in a public place unless the film –

(a) is classified; and

(b) is exhibited under the same title as that under which it is classified; and

(c) is exhibited in the form, without alteration or addition, in which it is classified.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  Subsection (1) is not contravened by reason only of the exhibition of a film –

(a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or

(b) [Section 20 Subsection (2) amended by No. 5 of 2015, s. 17, Applied:15 May 2015] with a modification referred to in section 20A, 21(2) or 21(3) of the Commonwealth Act.

21 Classification notice to be displayed when exhibiting film in public place

A person must not exhibit a film in a public place unless a notice in the approved form about classifications for films is displayed in that public place in a position where the notice may be clearly seen and easily read by members of the public.

Penalty:  Fine not exceeding 5 penalty units.

22 RC or X 18+ film not to be exhibited in public place

[Section 22 Amended by No. 6 of 2005, s. 8, Applied:26 May 2005] A person must not exhibit in a public place a film classified RC or X 18+.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

23 RC, X 18+, R 18+ or MA 15+ film not to be exhibited if visible from public place

[Section 23 Amended by No. 6 of 2005, s. 9, Applied:26 May 2005] A person must not exhibit a film classified RC, X 18+, R 18+ or MA 15+ if the film can be seen from a public place.

Penalty:   –

(a) [Section 23 Amended by No. 6 of 2005, s. 9, Applied:26 May 2005] in the case of a film classified R 18+ or MA 15+ – a fine not exceeding 20 penalty units; or

(b) [Section 23 Amended by No. 6 of 2005, s. 9, Applied:26 May 2005] in the case of a film classified RC or X 18+ – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

24 Unclassified RC, X 18+, R 18+ or MA 15+ film not to be exhibited if visible from public place

[Section 24 Amended by No. 6 of 2005, s. 10, Applied:26 May 2005] A person must not exhibit an unclassified film that would, if classified, be reasonably likely to be classified RC, X 18+, R 18+ or MA 15+ if the film can be seen from a public place.

Penalty:   –

(a) [Section 24 Amended by No. 6 of 2005, s. 10, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified R 18+ or MA 15+ – a fine not exceeding 20 penalty units; or

(b) [Section 24 Amended by No. 6 of 2005, s. 10, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified RC or X 18+ – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

25 RC, X 18+ or R 18+ film not to be exhibited privately in presence of minor

(1)  [Section 25 Subsection (1) amended by No. 6 of 2005, s. 11, Applied:26 May 2005] A person must not exhibit a film privately in the presence of a minor if the film is classified RC, X 18+ or R 18+.

Penalty:   –

(a) [Section 25 Subsection (1) amended by No. 6 of 2005, s. 11, Applied:26 May 2005] in the case of a film classified R 18+ – a fine not exceeding 20 penalty units; or

(b) [Section 25 Subsection (1) amended by No. 6 of 2005, s. 11, Applied:26 May 2005] in the case of a film classified RC or X 18+ – a fine not exceeding 50 penalty units.

(2)  It is a defence to a prosecution under subsection (1) to prove that the defendant believed on reasonable grounds that the minor was an adult.

26 Unclassified RC, X 18+ or R 18+ film not to be exhibited in presence of minor

(1)  [Section 26 Subsection (1) amended by No. 6 of 2005, s. 12, Applied:26 May 2005] A person must not exhibit an unclassified film privately in the presence of a minor if the film would, if classified, be reasonably likely to be classified RC, X 18+ or R 18+.

Penalty:   –

(a) [Section 26 Subsection (1) amended by No. 6 of 2005, s. 12, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified R 18+ – a fine not exceeding 20 penalty units; or

(b) [Section 26 Subsection (1) amended by No. 6 of 2005, s. 12, Applied:26 May 2005] in the case of an unclassified film that would, if classified, be reasonably likely to be classified RC or X 18+ – a fine not exceeding 50 penalty units.

(2)  It is a defence to a prosecution under subsection (1) to prove that the defendant believed on reasonable grounds that the minor was an adult.

27 R 18+ or MA 15+ film not to be exhibited on premises where films sold

[Section 27 Amended by No. 6 of 2005, s. 13, Applied:26 May 2005] A person must not exhibit a film on premises where films are sold if the film is classified R 18+ or MA 15+.

Penalty:  Fine not exceeding 20 penalty units.

28 R 18+ film not to be exhibited in public place in presence of minor

(1)  [Section 28 Subsection (1) amended by No. 6 of 2005, s. 14, Applied:26 May 2005] A person must not exhibit a film in a public place in the presence of a minor if the film is classified R 18+.

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence to a prosecution under subsection (1) to prove that –

(a) the minor produced to the defendant, or to an employee or agent of the defendant, acceptable proof of age before the minor was admitted to the place where the film was exhibited; or

(b) the defendant, or an employee or agent of the defendant, believed on reasonable grounds that the minor was an adult.

29 Parent not to allow minor to attend exhibition of R 18+ film

A person who is the parent of a minor must not allow that minor to attend the exhibition of a film if the person knows that the film –

(a) [Section 29 Amended by No. 6 of 2005, s. 15, Applied:26 May 2005] is classified R 18+; or

(b) [Section 29 Amended by No. 6 of 2005, s. 15, Applied:26 May 2005] is unclassified but would, if classified, be reasonably likely to be classified R 18+.

Penalty:  Fine not exceeding 20 penalty units.

30 Minor not to attend exhibition of R 18+ film

[Section 30 Amended by No. 6 of 2005, s. 16, Applied:26 May 2005] A minor who is 15 or older must not attend the exhibition in a public place of a film classified R 18+ knowing that the film is so classified.

Penalty:  Fine not exceeding 5 penalty units.

31 MA 15+ film not to be exhibited in public place in presence of unaccompanied minor

(1)  [Section 31 Subsection (1) amended by No. 6 of 2005, s. 17, Applied:26 May 2005] A person must not exhibit in a public place a film classified MA 15+ if –

(a) a minor under 15 is present; and

(b) the minor is not accompanied by the minor's parent.

Penalty:  Fine not exceeding 20 penalty units.

(2)  For the purposes of subsection (1)  –

(a) a minor does not cease to be accompanied if the minor's parent is temporarily absent from the exhibition of the film; and

(b) an offence is committed in respect of each unaccompanied minor under 15 present at the exhibition of the film.

(3)  It is a defence to a prosecution under subsection (1) to prove that the defendant, or the defendant's employee or agent –

(a) took reasonable steps to ensure that a minor under 15 was not present at the exhibition of the film; or

(b) believed on reasonable grounds that the minor so present was 15 or older; or

(c) believed on reasonable grounds that the person accompanying the minor so present was the minor's parent.

32 Unclassified film not to be sold or delivered

(1)  A person must not –

(a) sell or deliver an unclassified film; or

(b) cause or permit an unclassified film to be sold or delivered.

Penalty:  Subject to subsection (2) , a fine not exceeding 25 penalty units.

(2)  If a court convicts a person of an offence under subsection (1) and, by that time, the film to which the conviction relates has been classified, the court may, on the application of the prosecutor made at any time before sentence, impose on the person whichever of the following penalties applies to the film instead of the penalty under subsection (1) :

(a) [Section 32 Subsection (2) amended by No. 6 of 2005, s. 18, Applied:26 May 2005] if the film has been classified X 18+ or RC – a fine not exceeding 100 penalty units;

(b) [Section 32 Subsection (2) amended by No. 6 of 2005, s. 18, Applied:26 May 2005] if the film has been classified MA 15+ or R 18+ – a fine not exceeding 50 penalty units.

33 Classified film not to be sold or delivered under different title or in altered form

[Section 33 Amended by No. 6 of 2005, s. 19, Applied:26 May 2005] [Section 33 Substituted by No. 38 of 2008, s. 7, Applied:22 Oct 2008]

(1)  A person must not sell or deliver a classified film unless the film is sold or delivered –

(a) under the same title as that under which it is classified; and

(b) in the form, without alteration or addition, in which it is classified.

Penalty:   –

(a) in the case of a film classified G, PG or M – a fine not exceeding 5 penalty units; or

(b) in the case of a film classified MA 15+ or R 18+ – a fine not exceeding 20 penalty units.

(2)  Subsection (1) is not contravened by reason only of the sale or delivery of a classified film –

(a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or

(b) [Section 33 Subsection (2) amended by No. 5 of 2015, s. 18, Applied:15 May 2015] with a modification referred to in section 20A, 21(2) or 21(3) of the Commonwealth Act.

34 Classification notice to be displayed on premises where film sold

A person must not sell a film on any premises unless a notice in the approved form about classifications for films is displayed on those premises in a position where the notice may be clearly seen and easily read by members of the public.

Penalty:  Fine not exceeding 5 penalty units.

35 Film sold or delivered is to bear determined markings and consumer advice

(1)  A person must not sell or deliver a film unless the determined markings relevant to the classification of the film and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the film.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not sell or deliver an unclassified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film has been classified.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not sell or deliver a classified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film is unclassified or has a different classification.

Penalty:  Fine not exceeding 20 penalty units.

(4)  [Section 35 Subsection (4) substituted by No. 118 of 2001, s. 14, Applied:22 Mar 2002] If –

(a) [Section 35 Subsection (4) amended by No. 5 of 2015, s. 7, Applied:15 May 2015] a film is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or

(b) [Section 35 Subsection (4) amended by No. 5 of 2015, s. 7, Applied:15 May 2015] the Board revokes a classification or consumer advice for a film under section 22B(3) or 22CH(1) of that Act –

display of the determined markings and consumer advice applicable to the film before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect.

36 RC or X 18+ film not to be sold or delivered

A person must not –

(a) [Section 36 Amended by No. 6 of 2005, s. 20, Applied:26 May 2005] sell or deliver a film classified RC or X 18+; or

(b) [Section 36 Amended by No. 6 of 2005, s. 20, Applied:26 May 2005] cause or permit a film classified RC or X 18+ to be sold or delivered.

Penalty:   –

(a) if the sale or delivery is to a minor – a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both; or

(b) in any other case – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

37 R 18+ film not to be sold or delivered to minor

(1)  [Section 37 Subsection (1) amended by No. 43 of 2012, s. 9, Applied:01 Jan 2013] [Section 37 Subsection (1) amended by No. 6 of 2005, s. 21, Applied:26 May 2005] A person must not sell or deliver a film classified R 18+ to a minor.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  It is a defence to a prosecution under subsection (1) to prove that –

(a) the minor produced to the defendant, or to an employee or agent of the defendant, acceptable proof of age before the defendant sold or delivered the film to the minor and the defendant, or the defendant's employee or agent, believed on reasonable grounds that the minor was an adult; or

(b) in the case of a prosecution for delivery of such a film, the minor was employed by the defendant or the defendant's employer and the delivery took place in the course of that employment.

38 MA 15+ film not to be sold or delivered to minor under 15

(1)  [Section 38 Subsection (1) amended by No. 6 of 2005, s. 22, Applied:26 May 2005] A person must not sell or deliver a film classified MA 15+ to a minor under 15 if the person is not the minor's parent.

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence to a prosecution under subsection (1) to prove that the defendant or the defendant's employee or agent believed on reasonable grounds that –

(a) the minor was 15 or older; or

(b) the minor's parent had consented to the sale or delivery.

39 Minor who is 15 or older not to buy R 18+ film

[Section 39 Amended by No. 6 of 2005, s. 23, Applied:26 May 2005] A minor who is 15 or older must not buy a film classified R 18+ knowing that it is so classified.

Penalty:  Fine not exceeding 5 penalty units.

40 Interpretation of Division

In this Division, film means a film offered for sale in this State.

41 Application to review classification of film emphasising cruelty or violence

(1)  [Section 41 Subsection (1) amended by No. 118 of 2001, s. 15, Applied:22 Mar 2002] A person who considers that a classified film unduly emphasises matters of cruelty or violence may apply to the Minister to review the film's classification.

(2)  The application is to be –

(a) in writing; and

(b) [Section 41 Subsection (2) amended by No. 118 of 2001, s. 15, Applied:22 Mar 2002] lodged with the Minister; and

(c) [Section 41 Subsection (2) amended by No. 118 of 2001, s. 15, Applied:22 Mar 2002] accompanied by the prescribed fee and particulars of the matters of cruelty or violence that the applicant considers are unduly emphasised by the classified film.

(3)  [Section 41 Subsection (3) omitted by No. 118 of 2001, s. 15, Applied:22 Mar 2002] .  .  .  .  .  .  .  .

41A Review Committee

[Section 41A Inserted by No. 118 of 2001, s. 16, Applied:22 Mar 2002]

(1)  On receipt of an application under section 41 , the Minister must establish a Review Committee.

(2)  If the Minister considers that a classified film unduly emphasises matters of cruelty or violence, the Minister may establish a Review Committee.

(3)  The Review Committee is to consist of not less than 3 persons who in the opinion of the Minister have suitable knowledge, experience and qualifications to review the film's classification.

(4)  The members of the Review Committee are to be appointed by the Minister on such terms and conditions as the Minister determines.

(5)  The Review Committee must review the classification of the film.

42 Criteria for reviewing classification of film

[Section 42 Amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] The Review Committee must, in reviewing the classification of a classified film, have regard to –

(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and

(b) any artistic or educational merit that the film may possess and the general character of the film; and

(c) the persons or class of person to whom or to which the film is sold or likely to be sold.

43 Review Committee to make recommendation to Minister after review

(1)  [Section 43 Subsection (1) amended by No. 6 of 2005, s. 24, Applied:26 May 2005] [Section 43 Subsection (1) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] Within 14 days after reviewing the classification of a film classified R 18+ the Review Committee must make whichever of the following recommendations to the Minister it considers appropriate:

(a) a recommendation that the sale and delivery of the film should be prohibited on the ground that it unduly emphasises matters of cruelty or violence;

(b) a recommendation that the sale and delivery of the film should not be prohibited.

(2)  [Section 43 Subsection (2) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] Within 14 days after reviewing the classification of any other classified film the Review Committee must make whichever of the following recommendations to the Minister it considers appropriate:

(a) a recommendation that the classification of the film for this State should be changed to a higher classification specified in the recommendation on the ground that the classification assigned to the film under the Commonwealth Act is inappropriate because of the level or amount of cruelty or violence depicted in the film;

(b) a recommendation that the classification of the film for this State should not be changed.

44 Ministerial action on recommendation

(1)  On receiving a recommendation under section 43 (1) (a) , the Minister must make an order prohibiting the sale and delivery of the relevant classified film.

(2)  On receiving a recommendation under section 43 (2) (a) , the Minister must make an order assigning a higher classification to the relevant classified film, being the classification specified in the recommendation.

(3)  On receiving a recommendation under section 43 (1) (b) or (2) (b) , the Minister must –

(a) accept the recommendation; or

(b) [Section 44 Subsection (3) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] if dissatisfied with the recommendation – request the Review Committee to review it.

(4)  A request under subsection (3) (b) is to –

(a) be in writing; and

(b) specify the grounds on which the Minister bases the request.

(5)  [Section 44 Subsection (5) amended by No. 118 of 2001, Sched. 1, Applied:22 Mar 2002] On receiving a request under subsection (3) (b) , the Review Committee must, having regard to the grounds on which the Minister has based the request and the criteria in section 42 , review the recommendation to which the request relates and, within 14 days of the review, make another recommendation –

(a) confirming its original recommendation; or

(b) setting aside its original recommendation and making a recommendation under section 43 (1) (a) or (2) (a) .

(6)  If the Minister receives another recommendation under subsection (5)  –

(a) confirming an original recommendation under section 43 (1) (b) or (2) (b)  – the Minister must accept the original recommendation; or

(b) making a recommendation under section 43 (1) (a)  – the Minister must make an order prohibiting the sale and delivery of the relevant film; or

(c) making a recommendation under section 43 (2) (a)  – the Minister must make an order assigning a higher classification to the relevant classified film, being the classification specified in the recommendation.

45 Effect of Ministerial order

A classified film to which an order under section 44 (2) or (6) (c) relates has, on the taking effect of the order, the classification assigned to it by the order, and for the purposes of this Act, that classification has effect in this State notwithstanding the classification assigned to the film under the Commonwealth Act.

46 Provisions relating to orders

(1)  An order under section 44  –

(a) is not a statutory rule within the meaning of the Rules Publication Act 1953 ; and

(b) is to be published in the Gazette and in at least one daily newspaper published and circulated generally in Tasmania; and

(c) takes effect on such day as is specified in the order, being a day not earlier than 7 days after the date of its publication in the Gazette.

(2)  [Section 46 Subsection (2) omitted by No. 118 of 2001, s. 17, Applied:22 Mar 2002] .  .  .  .  .  .  .  .  

(3)  [Section 46 Subsection (3) amended by No. 118 of 2001, s. 17, Applied:22 Mar 2002] The Minister must give notice of the making of the order to the person who applied under section 41 (1) for the review of the classified film to which the order relates.

47 Provisions relating to Ministerial acceptance of recommendation

[Section 47 Substituted by No. 118 of 2001, s. 18, Applied:22 Mar 2002] If the Minister accepts a recommendation under section 43 (1) (b) or (2) (b) , the Minister must give notice of acceptance to the person who applied to have the relevant film's classification reviewed, that the Minister has accepted the recommendation of the Review Committee that the sale and delivery of the film should not be prohibited or that the film's classification for this State should not be changed.

48 Offence to sell or deliver film that has been prohibited

A person must not sell or deliver, or cause or permit to be sold or delivered, a film the sale and delivery of which has been prohibited by an order under section 44 (1) or (6) (b) .

Penalty:   –

(a) if the sale or delivery is to a minor – a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both; or

(b) in any other case – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

Part 4 Computer Games

49 Requirements for selling, &c., computer game in public place

[Section 49 Substituted by No. 5 of 2015, s. 19, Applied:15 May 2015]

(1)  A person must not sell, deliver or demonstrate a computer game in a public place unless the computer game –

(a) is classified; and

(b) is sold, delivered or demonstrated under the same title as that under which it is classified; and

(c) is sold, delivered or demonstrated in the form, without alteration or addition, in which it is classified.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  Subsection (1) is not contravened by reason only that the computer game that is, or is to be, sold, delivered or demonstrated has a modification referred to in section 20A, 21(2) or 21(3) of the Commonwealth Act.

50 Classification notice to be displayed when selling or demonstrating computer game in public place

A person must not sell or demonstrate a computer game in a public place unless a notice in the approved form about classifications for computer games is displayed in that public place in a position where the notice may be clearly seen and easily read by members of the public.

Penalty:  Fine not exceeding 5 penalty units.

51 Computer game sold or delivered is to bear determined markings and consumer advice

(1)  A person must not sell or deliver a computer game unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the computer game.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not sell or deliver an unclassified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game has been classified.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not sell or deliver a classified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification.

Penalty:  Fine not exceeding 20 penalty units.

(3A)  [Section 51 Subsection (3A) inserted by No. 118 of 2001, s. 19, Applied:22 Mar 2002] A person must not make a computer game available for playing on a pay and play basis unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the device used for playing the game.

Penalty:  Fine not exceeding 20 penalty units.

(3B)  [Section 51 Subsection (3B) inserted by No. 118 of 2001, s. 19, Applied:22 Mar 2002] If 2 or more computer games are available for playing on a device referred to in subsection (3A) , the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act.

(4)  [Section 51 Subsection (4) substituted by No. 118 of 2001, s. 19, Applied:22 Mar 2002] If –

(a) [Section 51 Subsection (4) amended by No. 5 of 2015, s. 8, Applied:15 May 2015] a computer game is reclassified under section 22CH(4) or 39 of the Commonwealth Act; or

(b) [Section 51 Subsection (4) amended by No. 5 of 2015, s. 8, Applied:15 May 2015] the Board revokes a classification or consumer advice for a computer game under section 22B(3) or 22CH(1) of that Act –

display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect.

52 RC computer game not to be sold or delivered

A person must not sell or deliver –

(a) a computer game classified RC; or

(b) an unclassified computer game which would, if classified, be reasonably likely to be classified RC.

Penalty:   –

(a) if the sale or delivery is to a minor – a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both; or

(b) in any other case – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

53 RC, R 18+ or MA 15+ computer game not to be demonstrated in public place

A person must not demonstrate in a public place –

(a) [Section 53 Amended by No. 6 of 2005, s. 25, Applied:26 May 2005] [Section 53 Amended by No. 43 of 2012, s. 10, Applied:01 Jan 2013] a computer game classified RC, R 18+ or MA 15+; or

(b) [Section 53 Amended by No. 6 of 2005, s. 25, Applied:26 May 2005] [Section 53 Amended by No. 43 of 2012, s. 10, Applied:01 Jan 2013] an unclassified computer game which would, if classified, be reasonably likely to be classified RC, R 18+ or MA 15+.

Penalty:   –

(a) in the case of a computer game classified RC – a fine not exceeding 100 penalty units or a term of imprisonment not exceeding 2 years, or both; or

(ab) [Section 53 Amended by No. 43 of 2012, s. 10, Applied:01 Jan 2013] in the case of a computer game classified R 18+ – a fine not exceeding 50 penalty units; or

(b) [Section 53 Amended by No. 6 of 2005, s. 25, Applied:26 May 2005] in the case of a computer game classified MA 15+ – a fine not exceeding 20 penalty units.

54 RC or R 18+ computer game not to be demonstrated privately in presence of minor

(1)  A person must not demonstrate a computer game privately in the presence of a minor if the game –

(a) [Section 54 Subsection (1) amended by No. 43 of 2012, s. 11, Applied:01 Jan 2013] is classified RC or R 18+; or

(b) [Section 54 Subsection (1) amended by No. 43 of 2012, s. 11, Applied:01 Jan 2013] is an unclassified computer game which would, if classified, be reasonably likely to be classified RC or R 18+.

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence to a prosecution under subsection (1) to prove that the defendant believed on reasonable grounds that the minor was an adult.

54A R 18+ computer games not to be sold or delivered to minor under 18

[Section 54A Inserted by No. 43 of 2012, s. 12, Applied:01 Jan 2013]

(1)  A person must not sell or deliver a computer game classified R18+ to a minor under 18.

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence to a prosecution under subsection (1) to prove that the defendant, or the defendant's employee or agent believed, on reasonable grounds that the minor was 18 years or older.

55 MA 15+ computer game not to be sold or delivered to minor under 15

(1)  [Section 55 Subsection (1) amended by No. 6 of 2005, s. 26, Applied:26 May 2005] A person must not sell or deliver a computer game classified MA 15+ to a minor under 15 if the person is not the parent of the minor.

(2)  It is a defence to a prosecution under subsection (1) to prove that the defendant, or the defendant's employee or agent, believed on reasonable grounds that –

(a) the minor was 15 or older; or

(b) the minor's parent had consented to the sale or delivery.

Penalty:  Fine not exceeding 20 penalty units.

Part 5 Advertisements

56 Unapproved advertisement not to be published, &c.

A person must not publish an advertisement for a film or computer game –

(a) if the advertisement has not been submitted for approval under section 29 of the Commonwealth Act and, if submitted, would be reasonably likely to be refused approval; or

(b) if the advertisement has been refused approval under section 29 of the Commonwealth Act; or

(ba) [Section 56 Amended by No. 118 of 2001, s. 20, Applied:22 Mar 2002] if the advertisement was approved under section 29 of the Commonwealth Act and the approval is revoked under section 13(5) or 21A of that Act; or

(c) if the advertisement is approved under section 29 of the Commonwealth Act in an altered form to the form in which it is approved; or

(d) if the advertisement is approved under section 29 of the Commonwealth Act subject to conditions – except in accordance with those conditions.

Penalty:  Fine not exceeding 20 penalty units.

57 Certain advertisements for films, publications and computer games not to be published

(1)  A person must not publish an advertisement for –

(a) [Section 57 Subsection (1) amended by No. 118 of 2001, s. 21, Applied:22 Mar 2002] a publication classified RC; or

(b) [Section 57 Subsection (1) amended by No. 118 of 2001, s. 21, Applied:22 Mar 2002] a publication classified category 2 restricted; or

(c) [Section 57 Subsection (1) amended by No. 6 of 2005, s. 27, Applied:26 May 2005] a film classified RC or X 18+; or

(d) [Section 57 Subsection (1) amended by No. 38 of 2008, s. 19, Applied:23 Jul 2009] an unclassified film, if the advertisement contravenes the Advertising Scheme; or

(e) a computer game classified RC; or

(f) [Section 57 Subsection (1) amended by No. 38 of 2008, s. 19, Applied:23 Jul 2009] an unclassified computer game, if the advertisement contravenes the Advertising Scheme.

Penalty:  Fine not exceeding 20 penalty units.

(2)  For the purposes of this section, if a person publishes an advertisement for an unclassified film or unclassified computer game at the request of another person, that other person alone is taken to have published the advertisement.

58 Advertisement for classified film not to be screened during public exhibition of other film of lower classification

[Section 58 Amended by No. 38 of 2008, s. 20, Applied:23 Jul 2009] A person must not screen in a public place an advertisement for a classified film during a program for the exhibition of another classified film unless the film exhibited has a classification specified in column 1 of an item in the following table and the advertised film has a classification specified opposite it in column 2 of that item:[Section 58 Amended by No. 6 of 2005, s. 28, Applied:26 May 2005]

| Item | Column 1Exhibited film | Column 2Advertised film | | 1. | G | G | | 2. | PG | PG or G | | 3. | M | M, PG or G | | 4. | MA 15+ | MA 15+, M, PG or G | | 5. | R 18+ | R 18+, MA 15+, M, PG or G |

Penalty:  Fine not exceeding 20 penalty units.

59 Classified film not to be sold or delivered with advertisement for film of higher classification

[Section 59 Amended by No. 38 of 2008, s. 21, Applied:23 Jul 2009] A person must not sell or deliver, or cause or permit to be sold or delivered, a classified film that is accompanied by an advertisement for another classified film unless the film sold has a classification specified in column 1 of an item in the following table and the advertised film has a classification specified opposite it in column 2 of that item:[Section 59 Amended by No. 6 of 2005, s. 29, Applied:26 May 2005]

| Item | Column 1Film sold | Column 2Advertised film | | 1. | G | G | | 2. | PG | PG or G | | 3. | M | M, PG or G | | 4. | MA 15+ | MA 15+, M, PG or G | | 5. | R 18+ | R 18+, MA 15+, M, PG or G |

Penalty:  Fine not exceeding 20 penalty units.

59A Advertisement for unclassified film to be in accordance with Advertising Scheme

[Section 59A Inserted by No. 38 of 2008, s. 22, Applied:23 Jul 2009]

(1)  A person must not screen in a public place an advertisement for an unclassified film during a program for the exhibition of a classified film if the advertisement contravenes the Advertising Scheme.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not sell or deliver, or cause to be sold or delivered, a classified film that is accompanied by an advertisement for an unclassified film if the advertisement contravenes the Advertising Scheme.

Penalty:  Fine not exceeding 20 penalty units.

60 Classified computer game not to be sold, delivered or demonstrated with advertisement for computer game of higher classification

[Section 60 Amended by No. 38 of 2008, s. 23, Applied:23 Jul 2009] A person must not sell, deliver or demonstrate, or cause or permit to be sold, delivered or demonstrated, a classified computer game that is accompanied by an advertisement for another classified computer game unless the computer game sold has a classification specified in column 1 of an item in the following table and the advertised computer game has a classification specified opposite it in column 2 of that item:[Section 60 Amended by No. 6 of 2005, s. 30, Applied:26 May 2005] [Section 60 Amended by No. 43 of 2012, s. 13, Applied:01 Jan 2013]

| Item | Column 1Computer game sold | Column 2Advertised computer game | | 1. | G | G | | 2. | PG | PG or G | | 3. | M | M, PG or G | | 4. | MA 15+ | MA 15+, M, PG or G | | 5. | R 18+ | R 18+, MA 15+, M, PG or G |

Penalty:  Fine not exceeding 20 penalty units.

60A Advertisement for unclassified computer game to be in accordance with Advertising Scheme

[Section 60A Inserted by No. 38 of 2008, s. 24, Applied:23 Jul 2009] A person must not sell, deliver or demonstrate, or cause or permit to be sold, delivered or demonstrated, a classified computer game that is accompanied by an advertisement for an unclassified computer game if the advertisement contravenes the Advertising Scheme.

Penalty:  Fine not exceeding 20 penalty units.

61 Misleading or deceptive advertisement not to be published

(1)  A person must not publish an advertisement for an unclassified publication, film or computer game with a marking that indicates or suggests that the publication, film or computer game is classified.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not publish an advertisement for a classified publication, film or computer game with a marking that indicates or suggests that the publication, film or computer game is unclassified or has a different classification.

Penalty:  Fine not exceeding 20 penalty units.

(3)  [Section 61 Subsection (3) substituted by No. 118 of 2001, s. 22, Applied:22 Mar 2002] If –

(a) [Section 61 Subsection (3) amended by No. 5 of 2015, s. 9, Applied:15 May 2015] a publication, film or computer game is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or

(b) [Section 61 Subsection (3) amended by No. 5 of 2015, s. 9, Applied:15 May 2015] the Board revokes a classification for a publication, film or computer game under section 22B(3) or 22CH(1) of that Act –

publication of the determined markings applicable to the publication, film or computer game before that reclassification or revocation is sufficient compliance with subsection (2) for a period of 30 days after the decision to reclassify or revoke takes effect.

62 Classification symbols, &c., to be published with advertisement

A person must not publish a publication containing an advertisement for –

(a) a film; or

(b) [Section 62 Amended by No. 118 of 2001, s. 23, Applied:22 Mar 2002] a publication classified category 1 restricted; or

(c) a computer game –

unless the publication also contains a list of the classification symbols and determined markings for films or publications or computer games.

Penalty:  Fine not exceeding 20 penalty units.

63 Certain advertisements to contain determined markings and consumer advice

(1)  A person must not publish an advertisement for a classified film or computer game unless –

(a) the advertisement contains the determined markings relevant to the classification of the film or computer game and relevant consumer advice, if any; and

(b) the determined markings and consumer advice are displayed –

(i) [Section 63 Subsection (1) amended by No. 43 of 2006, s. 10, Applied:18 Dec 2006] in the manner determined under section 8 of the Commonwealth Act; and

(ii) so as to be clearly visible, having regard to the size and nature of the advertisement.

Penalty:  Fine not exceeding 20 penalty units.

(2)  [Section 63 Subsection (2) amended by No. 118 of 2001, s. 24, Applied:22 Mar 2002] A person must not publish an advertisement for a publication classified category 1 restricted unless –

(a) the advertisement contains the determined markings relevant to the publication's classification; and

(b) the determined markings are displayed so as to be clearly visible, having regard to the size and nature of the advertisement.

Penalty:  Fine not exceeding 20 penalty units.

(3)  [Section 63 Subsection (3) substituted by No. 118 of 2001, s. 24, Applied:22 Mar 2002] If –

(a) [Section 63 Subsection (3) amended by No. 5 of 2015, s. 10, Applied:15 May 2015] a publication, film or computer game is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or

(b) [Section 63 Subsection (3) amended by No. 5 of 2015, s. 10, Applied:15 May 2015] the Board revokes a classification or consumer advice for a publication, film or computer game under section 22B(3) or 22CH(1) of that Act –

display of the determined markings and consumer advice applicable to the publication, film or computer game before that reclassification or revocation is sufficient compliance with subsection (1) for a period of 30 days after the decision to reclassify or revoke takes effect.

Part 6 Call In Provisions

64 Calling in submittable publication for classification

(1)  [Section 64 Subsection (1) amended by No. 118 of 2001, s. 25, Applied:22 Mar 2002] [Section 64 Subsection (1) amended by No. 118 of 2001, s. 25, Applied:22 Mar 2002] If –

(a) [Section 64 Subsection (1) amended by No. 118 of 2001, s. 25, Applied:22 Mar 2002] the Minister or Director has reasonable grounds to believe that a publication is a submittable publication; and

(b) [Section 64 Subsection (1) amended by No. 118 of 2001, s. 25, Applied:22 Mar 2002] the publication is being published in Tasmania or the Minister or Director has reasonable grounds to believe that it will be published in Tasmania –

the Minister or Director may, by notice given to the publisher of the publication, require the publisher to submit to the Board an application for classification of the publication, or of subsequent issues of the publication.

(2)  A person to whom a notice under subsection (1) is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution under subsection (2) to prove that the defendant did not intend –

(a) to publish the publication in Tasmania; or

(b) to cause, authorise, permit or license the publication to be published in Tasmania.

64A Calling in films for classification

[Section 64A Inserted by No. 118 of 2001, s. 26, Applied:22 Mar 2002]

(1)  If –

(a) the Minister or Director has reasonable grounds to believe that an unclassified film is not an exempt film; and

(b) the film is being published in Tasmania or the Minister or Director has reasonable grounds to believe that it will be published in Tasmania –

the Minister or Director may, by notice in writing given to the publisher of the film, require the publisher to submit an application for classification of the film.

(2)  The Minister or Director must cause notice of a decision under subsection (1) to be published in the Commonwealth Gazette.

(3)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

(4)  It is a defence to a prosecution for an offence against subsection (3) to prove that the defendant did not intend –

(a) to publish the film in Tasmania; or

(b) to cause, authorise, permit or license the film to be published in Tasmania.

65 Calling in computer game for classification

(1)  [Section 65 Subsection (1) amended by No. 118 of 2001, s. 27, Applied:22 Mar 2002] [Section 65 Subsection (1) amended by No. 118 of 2001, s. 27, Applied:22 Mar 2002] If –

(a) [Section 65 Subsection (1) amended by No. 118 of 2001, s. 27, Applied:22 Mar 2002] the Minister or Director has reasonable grounds to believe that a computer game is likely to contain contentious material; and

(b) [Section 65 Subsection (1) amended by No. 118 of 2001, s. 27, Applied:22 Mar 2002] the computer game is being published in Tasmania, or the Minister or Director has reasonable grounds to believe that it will be published in Tasmania –

the Minister or Director may, by notice given to the publisher of the game, require the publisher to submit to the Board an application for classification of the game.

(1A)  [Section 65 Subsection (1A) inserted by No. 118 of 2001, s. 27, Applied:22 Mar 2002] If –

(a) the Minister or 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 Tasmania, or the Minister or Director has reasonable grounds to believe that it will be published in Tasmania –

the Minister or Director may, by notice in writing given to the publisher of the computer game, require the publisher to submit an application for classification of the computer game.

(2)  A person to whom a notice under subsection (1) is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution under subsection (2) to prove that the defendant did not intend –

(a) to publish the computer game in Tasmania; or

(b) to cause, authorise, permit or license the computer game to be published in Tasmania.

66 Board may call in advertisement

(1)  [Section 66 Subsection (1) amended by No. 118 of 2001, s. 28, Applied:22 Mar 2002] [Section 66 Subsection (1) amended by No. 118 of 2001, s. 28, Applied:22 Mar 2002] The Minister or Director may, by notice given to –

(a) [Section 66 Subsection (1) amended by No. 118 of 2001, s. 28, Applied:22 Mar 2002] [Section 66 Subsection (1) amended by No. 38 of 2008, s. 25, Applied:23 Jul 2009] the publisher of a film that is being published in Tasmania, or that the Minister or Director has reasonable grounds to believe will be published in Tasmania; or

(b) [Section 66 Subsection (1) amended by No. 118 of 2001, s. 28, Applied:22 Mar 2002] the publisher of a computer game that is being published in Tasmania, or that the Minister or Director has reasonable grounds to believe will be published in Tasmania –

require the publisher to submit to the Board for approval a copy of every advertisement used or intended to be used in connection with the publishing.

(2)  A person to whom a notice under subsection (1) is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution under subsection (2) to prove that the defendant did not intend –

(a) to publish the film or computer game in Tasmania; or

(b) to cause, authorise, permit or license the film or computer game to be published in Tasmania.

66A Calling in publication, film or computer game for reclassification

[Section 66A Inserted by No. 118 of 2001, s. 29, Applied:22 Mar 2002]

(1)  If –

(a) the Board proposes to reclassify a publication, film or computer game under section 39 of the Commonwealth Act; and

(b) the publisher of the publication, film or computer game resides in Tasmania or has an office in Tasmania –

the Director or the Minister 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.

(2)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution for an offence against subsection (2) to prove that the defendant did not have a copy of the publication, film or computer game.

66B Obtaining copies for review

[Section 66B Inserted by No. 118 of 2001, s. 29, Applied:22 Mar 2002]

(1)  [Section 66B Subsection (1) amended by No. 38 of 2008, s. 8, Applied:22 Oct 2008] If –

(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 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 Tasmania or has an office in Tasmania –

the Convenor or the Minister 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.

(2)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

(3)  It is a defence to a prosecution for an offence against subsection (2) to prove that the defendant did not have a copy of the publication, film or computer game.

Part 7

[Part 7 Heading amended by No. 38 of 2008, s. 9, Applied:22 Oct 2008] [Part 7 Repealed by No. 5 of 2015, s. 14, Applied:11 Sep 2015]

67AA.

[Section 67AA Inserted by No. 38 of 2008, s. 10, Applied:22 Oct 2008] [Section 67AA Repealed by No. 5 of 2015, s. 14, Applied:11 Sep 2015]

67.

[Section 67 Amended by No. 118 of 2001, s. 30, Applied:22 Mar 2002] [Section 67 Amended by No. 38 of 2008, s. 11, Applied:22 Oct 2008] [Section 67 Repealed by No. 5 of 2015, s. 14, Applied:11 Sep 2015]

68.

[Section 68 Amended by No. 118 of 2001, s. 31, Applied:22 Mar 2002] [Section 68 Substituted by No. 38 of 2008, s. 12, Applied:22 Oct 2008] [Section 68 Repealed by No. 5 of 2015, s. 14, Applied:11 Sep 2015]

69.

[Section 69 Subsection (1) amended by No. 38 of 2008, s. 13, Applied:22 Oct 2008] [Section 69 Subsection (1) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (2) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (2) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (3) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (4) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (4) amended by No. 38 of 2008, s. 13, Applied:22 Oct 2008] [Section 69 Subsection (4) amended by No. 38 of 2008, s. 13, Applied:22 Oct 2008] [Section 69 Subsection (5) substituted by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (7) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (7) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Subsection (8) amended by No. 118 of 2001, s. 32, Applied:22 Mar 2002] [Section 69 Repealed by No. 5 of 2015, s. 14, Applied:11 Sep 2015]

70.

[Section 70 Subsection (1) amended by No. 118 of 2001, s. 33, Applied:22 Mar 2002] [Section 70 Subsection (2) amended by No. 38 of 2008, s. 14, Applied:22 Oct 2008] [Section 70 Subsection (2) amended by No. 38 of 2008, s. 14, Applied:22 Oct 2008] [Section 70 Subsection (2) amended by No. 38 of 2008, s. 14, Applied:22 Oct 2008] [Section 70 Subsection (2) amended by No. 38 of 2008, s. 14, Applied:22 Oct 2008] [Section 70 Subsection (2A) inserted by No. 38 of 2008, s. 14, Applied:22 Oct 2008] [Section 70 Subsection (2B) inserted by No. 38 of 2008, s. 14, Applied:22 Oct 2008] [Section 70 Subsection (3) amended by No. 118 of 2001, s. 33, Applied:22 Mar 2002] [Section 70 Repealed by No. 5 of 2015, s. 14, Applied:11 Sep 2015]

Part 8 Child Exploitation Material and Bestiality Products Unlawful

[Part 8 Heading amended by No. 29 of 2005, s. 7, Applied:01 Aug 2005]

71 Interpretation of Part

In this Part –

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005] access, in relation to material, includes the display of the material by an electronic medium or any other output of the material by an electronic medium;

bestiality product means a publication, film or computer game that depicts in pictorial form bestiality;

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005] child means a person under the age of 18 years;

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005]

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005] child exploitation material means material that describes or depicts, in a way that a reasonable person would regard as being, in all the circumstances, offensive, a person who is or who appears to be under the age of 18 years –

(a) engaged in sexual activity; or

(b) in a sexual context; or

(c) as the subject of torture, cruelty or abuse (whether or not in a sexual context);

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005] electronic medium means any thing that contains data from which text, images or sound can be generated;

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005] make includes produce, film, print, photograph and record;

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005] material includes any film, printed matter, electronic data and any other thing of any kind (including any computer image or other depiction);

[Section 71 Amended by No. 29 of 2005, s. 8, Applied:01 Aug 2005] person includes part of a person.

72 Offence to make or reproduce bestiality product

A person must not –

(a) [Section 72 Amended by No. 29 of 2005, s. 9, Applied:01 Aug 2005] make or reproduce a bestiality product; or

(b) [Section 72 Amended by No. 29 of 2005, s. 9, Applied:01 Aug 2005] cause or permit a bestiality product to be made or reproduced; or

(c) [Section 72 Amended by No. 29 of 2005, s. 9, Applied:01 Aug 2005] be in any way concerned in the making and reproduction of a bestiality product.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

72A Offence to make or reproduce child exploitation material

[Section 72A Inserted by No. 29 of 2005, s. 10, Applied:01 Aug 2005] A person must not –

(a) make or reproduce child exploitation material; or

(b) cause or permit child exploitation material to be made or reproduced; or

(c) be in any way involved in the making or reproduction of child exploitation material.

Penalty:  Fine not exceeding 300 penalty units or imprisonment for a term not exceeding 3 years, or both.

73 Offence to procure child to be involved in making child exploitation material

[Section 73 Substituted by No. 29 of 2005, s. 11, Applied:01 Aug 2005] A person must not procure or invite or attempt to procure a child to be involved in the making of child exploitation material.

Penalty:  Fine not exceeding 300 penalty units or imprisonment for a term not exceeding 3 years, or both.

73A Offence to distribute child exploitation material

[Section 73A Inserted by No. 29 of 2005, s. 11, Applied:01 Aug 2005]

(1)  A person must not distribute, or do anything to facilitate the distribution of, child exploitation material.

Penalty:  Fine not exceeding 300 penalty units or imprisonment for a term not exceeding 3 years, or both.

(2)  In this section –

distribute includes –

(a) send, sell, deal, supply, exhibit, transmit or communicate child exploitation material to another person, or enter into an agreement or arrangement to do so; and

(b) make child exploitation material available for access by another person, or enter into an agreement or arrangement to do so.

74 Offence to possess bestiality product

A person must not have possession of –

(a) [Section 74 Amended by No. 29 of 2005, s. 12, Applied:01 Aug 2005] .  .  .  .  .  .  .  .  

(b) a bestiality product.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

74A Possession of child exploitation material

[Section 74A Inserted by No. 29 of 2005, s. 13, Applied:01 Aug 2005] A person must not –

(a) possess child exploitation material; or

(b) with intent, access, or attempt to access, child exploitation material.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

74B Defence to offences in respect of child exploitation material

[Section 74B Inserted by No. 29 of 2005, s. 13, Applied:01 Aug 2005]

(1)  In any proceedings for an offence against this Part, it is a defence to prove that –

(a) the material to which the offence relates was classified (whether before or after the commission of the alleged offence) under the Commonwealth Act, other than as refused classification (RC); or

(b) the defendant engaged in the conduct that is alleged to constitute the offence for a genuine child protection, scientific, medical, legal, artistic or public benefit purpose and the defendant's conduct was, in the circumstances, reasonable for that purpose; or

(c) the defendant was a police officer acting in the course of his or her official duties and the defendant's conduct was reasonable, in the circumstances, for the performance of the duties; or

(d) the defendant was acting in the course of his or her official duties in connection with the classification of the material concerned under the Commonwealth Act; or

(e) at the time the alleged offence was committed the defendant had reasonable grounds to believe that the material to which the offence relates was not child exploitation material.

(2)  In any proceedings for an offence against section 72A , 73 or 74A , it is also a defence to prove that the material to which the offence relates depicts sexual activity between the defendant and a person under the age of 18 years that is not an unlawful sexual act.

(3)  In any proceedings for an offence against section 74A(a) , it is also a defence to prove that the material to which the offence relates came into the defendant's possession unsolicited and, as soon as the defendant became aware that it was child exploitation material, he or she took reasonable steps to dispose of that material.

(4)  For the purposes of subsection (1)  –

police officer includes –

(a) a member of the Australian Federal Police; and

(b) a member of the police force or service of another State or a Territory of the Commonwealth;

unlawful sexual act means an act that constitutes an offence under section 124 , 125B , 126 , 127 , 127A , 133 or 185 of the Criminal Code .

Part 9 Miscellaneous

75 Power of police officers and other persons to demand particulars

(1)  In this section, prescribed person means a person who –

(a) exhibits, sells or delivers a film to another person or is about to exhibit, sell or deliver a film to another person; or

(b) demonstrates, sells or delivers a computer game to another person or is about to demonstrate, sell or deliver a computer game to another person; or

(c) sells or delivers a publication to another person or is about to sell or deliver a publication to another person.

(2)  A prescribed person who has reasonable cause to suspect that –

(a) he or she may be about to commit an offence against this Act in respect of another person; or

(b) another person has committed or is about to commit an offence against this Act –

may demand the name, age and address of that other person.

(3)  A police officer who has reasonable cause to suspect that a person has committed or is about to commit an offence against this Act may demand that person's name, age and address.

(4)  A person must not give false particulars, or fail or refuse to give particulars, to a prescribed person or police officer under subsection (2) or (3) .

Penalty:  Fine not exceeding 2 penalty units.

76 Power of entry and seizure

(1)  In this section, prescribed premises means premises where publications, films or computer games are sold or where films are exhibited or where computer games are demonstrated, and includes any premises associated with those premises.

(2)  For the purposes of ascertaining whether there is or has been a contravention of or failure to comply with this Act, a police officer may, at any reasonable time, without warrant, enter any prescribed premises.

(3)  A police officer who has entered prescribed premises under the power conferred on that officer by subsection (2) may do all or any of the following things:

(a) search any room in, or any part of, the premises and examine anything in any such room or part;

(b) require the production of anything kept on those premises;

(c) seize –

(i) anything in respect of which the police officer has reasonable grounds for believing that an offence against this Act has been or is being committed; or

(ii) any advertisement displayed contrary to the provisions of this Act;

(d) seize anything that the police officer has reasonable grounds for believing is relevant to the investigation of an offence against this Act.

(4)  If anything has been seized from premises under this section and a court has convicted a person of an offence against this Act in respect of that thing, it is forfeited to the Crown and may be disposed of or destroyed in such manner as the Attorney-General may direct.

77 Forfeiture of child exploitation material, &c.

[Section 77 Subsection (1) omitted by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999] [Section 77 Subsection (2) omitted by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999] [Section 77 Subsection (3) omitted by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999] [Section 77 Subsection (4) amended by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999] [Section 77 Substituted by No. 29 of 2005, s. 14, Applied:01 Aug 2005]

(1)  This section applies if a person is prosecuted for an offence under Part 8 .

(2)  [Section 77 Subsection (2) amended by No. 29 of 2018, s. 15, Applied:10 Dec 2018] The court may, if it considers material which is the subject of a charge for an offence under Part 8 to be child exploitation material or a bestiality product, order that the material or any electronic medium on which the material, or data from which the material may be composed, is stored, or both the material and any such electronic medium, be forfeited to the Crown.

(3)  The court may make an order under subsection (2) whether or not the person is convicted of the offence to which the child exploitation material or bestiality product relates.

(4)  If the person is convicted of an offence under Part 8 , the court may also order that any thing used to commit the offence be forfeited to the Crown.

(5)  The court may also make any order that it considers appropriate to enforce the forfeiture.

(6)  This section does not limit the court's powers under the Crime (Confiscation of Profits) Act 1993 or any other law.

(7)  [Section 77 Subsection (7) amended by No. 29 of 2018, s. 15, Applied:10 Dec 2018] When any material, electronic medium or other thing is forfeited to the Crown, the material, electronic medium or other thing becomes the Crown's property and may be disposed of or destroyed in such manner as the Attorney-General may direct.

77A Forfeiture of other seized publications, films and computer games

[Section 77A Inserted by No. 118 of 2001, s. 34, Applied:22 Mar 2002]

(1)  Subject to the making of an order under this section, if –

(a) proceedings are commenced for prescribed offences relating to 10 or more different products; and

(b) the products were seized on the same day from the same premises –

any other products seized on that day from those premises may be retained by the Crown and, if 10 or more different products are forfeited to the Crown as a result of those proceedings, all of the other products not the subject of those proceedings are, at the expiry of the prescribed period, also forfeited to the Crown.

(2)  The owner of any products liable to forfeiture under this section (or the owner's legal representative) must, on making a written request to the Commissioner of Police within 2 months after the prescribed date, be allowed to view the products at a time and place fixed by the Commissioner of Police.

(3)  The owner of any products liable to forfeiture under this section may, within the prescribed period, apply to the court that convicted the owner of a prescribed offence for an order for return of the products.

(4)  An applicant for an order under this section must give notice of the application to the Commissioner of Police.

(5)  The Commissioner of Police is a party to any proceedings for an order under this section.

(6)  If an application is made for an order under this section, the products may be retained by the Crown until the application is determined but in all other respects the operation of subsection (1) is suspended until the application is determined.

(7)  The court may, on an application under this section, order that a product to which the application relates be returned to its owner if satisfied, on the balance of probabilities –

(a) that the product –

(i) [Section 77A Subsection (7) amended by No. 6 of 2005, s. 31, Applied:26 May 2005] in the case of a film, is classified with a classification other than X 18+ or RC; or

(ii) in the case of a publication, is not a submittable publication or is classified with a classification other than RC; or

(iii) in the case of a computer game, is classified with a classification other than RC; or

(b) that a prescribed offence was not committed in relation to the product.

(8)  In this section –

prescribed date means the date on which a court convicts a person of a prescribed offence as a result of which the total number forfeited of the products seized on the same day from the same premises first equals or exceeds 10;

prescribed offence means an offence against section 16(1) ,  17 , 18 , 32 , 36 , 52 , 72 or 74 ;

prescribed period means 2 months after the prescribed date or, if the owner of the products (or the owner's legal representative) requests that he or she be allowed to view the products, 2 months from the time fixed by the Commissioner of Police for the viewing;

products means copies of publications, films or computer games, and includes a combination of such products.

(9)  For the purposes of this section, copies of a publication, film or computer game do not constitute different products.

78 Evidence

(1)  In any proceedings for an offence against this Act –

(a) [Section 78 Subsection (1) amended by No. 38 of 2008, s. 15, Applied:22 Oct 2008] a certificate signed or purporting to be signed by the Director, Deputy Director or Convenor and stating that –

(i) [Section 78 Subsection (1) amended by No. 118 of 2001, s. 35, Applied:22 Mar 2002] a publication, film or computer game is, or was on a specified date, classified as specified in the certificate; or

(ia) [Section 78 Subsection (1) amended by No. 118 of 2001, s. 35, Applied:22 Mar 2002] a publication, film or computer game was not, at a date specified in the certificate, classified under the Commonwealth Act or was, at a date specified in the certificate, classified under the Commonwealth Act at a classification specified in the certificate; or

(ii) [Section 78 Subsection (1) amended by No. 118 of 2001, s. 35, Applied:22 Mar 2002] a publication, film or computer game is not classified, or is not classified at a classification specified in the certificate; or

(iii) an advertisement described in the certificate is approved or has been refused approval or has not been approved –

is evidence of the facts stated in the certificate; and

(b) [Section 78 Subsection (1) amended by No. 118 of 2001, s. 35, Applied:22 Mar 2002] .  .  .  .  .  .  .  .  

(2)  A court that convicts or finds a person guilty of an offence against this Act may, on the application of the prosecutor, make an order that the person must pay, by way of costs, either or both of the following:

(a) the amount of any fee incurred in obtaining a certificate under subsection (1) (a) for the purposes of prosecuting the offence;

(b) the amount of any fee incurred by the prosecution for classification.

(3)  An order under subsection (2) is in addition to any other penalty the court may impose.

79 Proceedings on prosecutions

Notwithstanding anything in the Justices Act 1959 to the contrary –

(a) [Section 79 Amended by No. 29 of 2005, s. 15, Applied:01 Aug 2005] [Section 79 Amended by No. 2 of 2023, s. 6, Applied:20 Apr 2023] proceedings for an offence against section 72 , 72A or 73 may be commenced at any time; and

(ab) [Section 79 Amended by No. 2 of 2023, s. 6, Applied:20 Apr 2023] proceedings for an offence against section 73A , 74 or 74A may be commenced at any time within a period of 2 years after the time when the offence is alleged to have been committed; and

(b) proceedings in respect of any other offence under this Act may be commenced at any time within a period of 12 months after the time when the offence is alleged to have been committed.

80 Matters averred to in complaint

(1)  In any proceedings for an offence against this Act, an averment in a complaint that a specified publication, film or computer game has been assigned a specified classification is, in the absence of proof to the contrary, to be accepted as proof –

(a) that the publication, film or computer game has been assigned that classification; and

(b) that the publication, film or computer game was so classified on the day the act alleged to constitute the offence in the complaint was committed.

(2)  [Section 80 Subsection (2) amended by No. 43 of 2012, s. 14, Applied:01 Jan 2013] In any proceedings for an offence against this Act, an averment in a complaint that a person was a child, a minor, a minor under 15 or a minor under 18 is, in the absence of proof to the contrary, to be accepted as proof that the person was a child, a minor, a minor under 15 or a minor under 18, as the case may be, on the day the act alleged to constitute the offence in the complaint was committed.

81 Defence to offences with respect to minors

(1)  In any proceedings for an offence against Part 2 alleged to have been committed in respect of a minor, it is a defence to prove that at the time the offence was committed the defendant had reasonable grounds for believing that that minor was an adult or was married.

(2)  [Section 81 Subsection (2) amended by No. 6 of 2005, s. 5, Applied:06 May 2005] [Section 81 Subsection (2) omitted by No. 29 of 2005, s. 16, Applied:01 Aug 2005] .  .  .  .  .  .  .  .

82.

[Section 82 Repealed by No. 43 of 2012, s. 15, Applied:01 Jan 2013]

83 Higher penalty for offence committed by body corporate

If a body corporate is convicted of an offence against this Act, the penalty that the court may impose is a fine not exceeding 2 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for the offence.

84.

[Section 84 Repealed by No. 118 of 2001, s. 36, Applied:22 Mar 2002]

85 Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Regulations made under this Act may contain provisions of a savings or transitional nature consequent upon the enactment of this Act.

(3)  A provision of a regulation made pursuant to subsection (2) may, if the regulation so provides, take effect on the date referred to in section 2 or a later date.

86.    Sale of Condoms Act 1987 amended

The amendments effected by this section have been incorporated into the authorised version of the Sale of Condoms Act 1987 .

86 Sale of Condoms Act 1987 amended

The amendments effected by this section have been incorporated into the authorised version of the Sale of Condoms Act 1987 .

87 Repeals

The Acts specified in Schedule 2 are repealed.

88 Savings and transitional provisions

The savings and transitional provisions set out in Schedule 3 have effect.

88A Transitional provisions (2001 amendments)

[Section 88A Inserted by No. 118 of 2001, s. 37, Applied:22 Mar 2002]

(1)  Section 51(3A) and (3B), as inserted by section 19 of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001 , applies to a computer game whether published before or after the commencement of section 19 of that Act.

(2)  Sections 66A and 66B, as inserted by section 29 of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001 , apply to a publication, film or computer game whether published before or after the commencement of section 29 of that Act.

(3)  An amendment of this Act made by any other provision of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001 only applies to –

(a) a publication, film or computer game first published on or after the commencement of that provision; or

(b) a publication, film or computer game for which an application for classification is made on or after that commencement.

(4)  If, as a result of amendments made to this Act by the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001 , the classification of a publication is different to the classification previously assigned to that publication by the Tasmanian Board, a person cannot be convicted of an offence, after the commencement of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001 , under this Act as a result of the different classification in respect of the publication.

88B Transitional provisions (2005 amendments)

[Section 88B Inserted by No. 6 of 2005, s. 32, Applied:26 May 2005]

(1)  The amendments made to the definition of "contentious material" in section 3 and to sections 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 36, 37, 38, 39, 43, 53, 55, 57, 58, 59, 60 and 77A by the Justice and Related Legislation (Miscellaneous Amendments) Act 2005 apply to the doing of things on or after the commencement of those amendments.

(2)  A film that, immediately before the commencement of the amendments made by the Justice and Related Legislation (Miscellaneous Amendments) Act 2005 to the provisions specified in subsection (1) , had a classification of a type specified in column 2 of an item in the following table is, for the purposes of applying the Classification (Publications, Films and Computer Games) Enforcement Act 1995 after that commencement, to be taken to have, and to have had at all times before that commencement when it had that classification, the classification of the type specified opposite it in column 3 of that item.

| Table – Film classifications | | Column 1 | Column 2 | Column 3 | | Item | Former type of classification | New type of classification | | 1. | MA | MA 15+ | | 2. | R | R 18+ | | 3. | X | X 18+ |

(3)  A computer game that, immediately before the commencement of the amendments made by the Justice and Related Legislation (Miscellaneous Amendments) Act 2005 to the provisions specified in subsection (1) , had a classification of a type specified in column 2 of an item in the following table is, for the purposes of applying the Classification (Publications, Films and Computer Games) Enforcement Act 1995 after that commencement, to be taken to have, and to have had at all times before that commencement when it had that classification, the classification of the type specified opposite it in column 3 of that item.

| Table – Computer game classifications | | Column 1 | Column 2 | Column 3 | | Item | Former type of classification | New type of classification | | 1. | G (8+) | PG | | 2. | M (15+) | M | | 3. | MA (15+) | MA 15+ |

88C Transitional provisions (2008 amendments)

[Section 88C Inserted by No. 38 of 2008, s. 16, Applied:22 Oct 2008] Each of the following provisions applies to a film and to a computer game whether the film or computer game is published before or after the commencement of that provision:

(a) section 4A ;

(b) section 20(2);

(c) section 33(2) .

88D Transitional provisions (2015 amendments)

[Section 88D Inserted by No. 5 of 2015, s. 15, Applied:11 Sep 2015]

(1)  An exemption under Part 7 of this Act, that was in force immediately before the commencement of Part 3 of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2015 , is taken to remain in force according to its terms after the commencement of that Part and that Part is taken to remain in effect in respect of that exemption while the exemption remains in force.

(2)  If –

(a) a person made an application to the Minister, or Director, under Part 7 of this Act as in force immediately before the commencement of Part 3 of the Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2015 ; and

(b) the Minister or Director has not, before the commencement of Part 3 of that Act, made a decision in relation to the application –

the application is taken never to have been made and any fee paid in respect of the application must be refunded to the person who made the application.

88E Transitional provisions (2023 amendments)

[Section 88E Inserted by No. 2 of 2023, s. 7, Applied:20 Apr 2023] The amendments to section 79 effected by section 6 of the Justice Miscellaneous (Royal Commission Amendments) Act 2023 apply in respect of proceedings for an offence against sections 72, 72A or 73 –

(a) whether or not that offence was committed before or after the commencement of that Act; and

(b) whether or not a limitation period previously applying to the offence has expired before the commencement of that Act.

89 Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Justice; and

(b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.

SCHEDULE 1 SCHEDULE 1

[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Schedule 1 Repealed by No. 118 of 2001, s. 38, Applied:22 Mar 2002]

SCHEDULE 2 - Repeals SCHEDULE 2 - Repeals

Section 87

| Classification of Publications Act 1984 | | Classification of Publications Amendment Act 1988 | | Classification of Publications Amendment Act 1990 | | Classification of Publications Amendment Act 1993 | | Classification of Publications Amendment Act (No. 2) 1993 | | Classification of Publications Amendment Act (No. 3) 1993 | | Films Act 1971 | | Films Amendment Act 1993 | | Films Amendment Act (No. 2) 1993 |

SCHEDULE 3 - Savings and Trans SCHEDULE 3 - Savings and Transitional Provisions

Section 88

1.   Interpretation

In this Schedule –

commencement day means the day proclaimed under section 2 ;

former Act means the Classification of Publications Act 1984;

Ordinance means the Classification of Publications Ordinance 1983 of the Australian Capital Territory.

2.   Prescribed fee

Until a fee is prescribed for the purposes of section 41 (2) , the fee for an application to the Tasmanian Board under that section is $5.

3.   Continuation of Tasmanian Board

(1) A person who, immediately before the commencement day, was a member of the Tasmanian Board under the former Act is taken to have been appointed as a member of the Board under this Act and that person holds that office subject to this Act for the remainder of the term for which the person was appointed under the former Act.

(2) The person who, immediately before the commencement day, was the chairman of the Tasmanian Board under the former Act is taken to have been appointed as Chairperson of the Board under this Act.

(3) The person who, immediately before the commencement day, was deputy chairman of the Tasmanian Board under the former Act is taken to have been appointed as Deputy Chairperson of the Board under this Act.

4.   Registrar

The person who, immediately before the commencement day, was the Registrar of the Tasmanian Board under the former Act is taken to have been appointed as Registrar of the Board under this Act.

5.   Publications

(1) A publication that, immediately before the commencement day, was classified "unrestricted publication", "category 1 restricted publication", "category 2 restricted publication" or "prohibited publication" is taken to have been classified "unrestricted publication", "category 1 restricted publication", "category 2 restricted publication" or "prohibited publication" respectively under this Act.

(2) An application or referral made under section 12 of the former Act and not determined immediately before the commencement day is taken to be an application or referral made under section 8 of this Act.

(3) An application made under section 15 of the former Act and not determined immediately before the commencement day is taken to be an application made under section 11 of this Act.

6.   Computer Games

(1) A computer game that, immediately before the commencement day, was classified "G", "G (8+)", "M (15+)" or "MA (15+)" under the Ordinance is taken to have been classified "G", "G (8+)", "M (15+)" or "MA (15+)" respectively under the Commonwealth Act.

(2) A computer game that has been refused or is taken to have been refused classification under the Ordinance is taken to have been classified "RC" under the Commonwealth Act.

(3) Nothing in this Act, other than section 65 , applies to or in relation to a computer game published before the commencement day unless the computer game has been classified or refused classification under the Ordinance.

(4) Advertising matter, in relation to a computer game, which has been approved or refused approval under the Ordinance before the commencement day is taken to have been approved or refused approval respectively under the Commonwealth Act.

7.   Films

(1) A film that, immediately before the commencement day, was classified "G", "PG", "M", "MA" or "R" under the former Act is taken to have been classified "G", "PG", "M", "MA" or "R" respectively under the Commonwealth Act.

(2) A film that, immediately before the commencement day, was classified "G", "PG", "M", "MA" or "R" under the Films Act 1971 is taken to have been classified "G", "PG", "M", "MA" or "R" respectively under the Commonwealth Act.

(3) A film that has been refused classification under the Ordinance is taken to have been classified "RC" under the Commonwealth Act.

(4) A film that, immediately before the commencement day, was classified "X" under the Ordinance is taken to have been classified "X" under the Commonwealth Act.

(5) An application made under section 26A of the former Act and not determined immediately before the commencement day is taken to be an application made under section 41 of this Act.

(6) An order of the Minister made under section 26B (1) or (6) (b) of the former Act and in force immediately before the commencement day is taken to be an order of the Minister made under section 44 (1) or (6) (b) of this Act and is enforceable accordingly.

(7) An application made under the former Act or Films Act 1971 for the classification or review of the classification of a film or for the review of a decision and not determined immediately before the commencement day is taken to have been made under the Commonwealth Act.

(8) Advertising matter, in relation to a film, which has been approved or refused approval under the Films Act 1971 is taken to have been approved or refused approval respectively under the Commonwealth Act.

(9) An application made under section 14A of the Films Act 1971 for an advertising exemption and not determined immediately before the commencement day is taken to be an application for a certificate of exemption under section 32 of the Commonwealth Act.

(10) A certificate of advertising exemption issued under section 14C of the Films Act 1971 and in force immediately before the commencement day is taken to be a certificate of exemption granted under section 33 of the Commonwealth Act.