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This is a Bill, not an Act. For current law, see the Acts databases.
Serial
2
Classification of Publications, Films and
Computer Games Amendment Bill 2012
Mr
Elferink
A Bill for an Act to amend the Classification of Publications, Films and Computer Games Act
NORTHERN TERRITORY OF AUSTRALIA
CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT ACT 2012
____________________
Act No. [ ] of 2012
____________________
Table of provisions
65A Demonstration
of R 18+ computer
games
67 Demonstration
of unclassified, RC, R 18+ and MA 15+ computer games
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2012
____________________
An Act to amend the Classification of Publications, Films and Computer Games Act
[Assented to [ ] 2012]
[Second reading [ ] 2012]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Classification of Publications, Films and Computer Games Amendment Act 2012.
This Act commences:
(a) if the Administrator's assent to this Act is declared before 1 January 2013 – on 1 January 2013; or
(b) otherwise – on the day fixed by the Administrator by Gazette notice.
This Act amends the Classification of Publications, Films and Computer Games Act.
Section 65(3)
omit
After section 65
insert
65A Demonstration of R 18+ computer games
A person must not demonstrate a computer game classified R 18+ in a public place unless:
(a) the determined markings relevant to the game's classification are exhibited before the game can be played; and
(b) entry into the place is restricted to adults.
Fault element: Strict liability offence.
Maximum penalty: 100 penalty units.
(1) Section 67, heading
omit, insert
67 Demonstration of unclassified, RC, R 18+ and MA 15+ computer games
(2) Section 67(a), (b) and fault element statement, paragraph (c), after "RC"
insert
, R 18+
(3) Section 67, penalty provision, after "12 months."
insert
For a game classified R 18+, or an unclassified game that would, if classified, be classified R 18+:
100 penalty units.
(1) Section 68, heading
omit
RC
insert
unclassified, RC or R 18+
(2) Section 68(1)(a)(i) and (ii), after "RC"
insert
or R 18+
(3) Section 68(1), fault element statement, paragraph (b), after "RC"
insert
or R 18+
(4) Section 68(1), penalty provision
omit, insert
Maximum penalty: For a game classified RC, or an unclassified game that would, if classified, be classified RC:
100 penalty units or imprisonment for 12 months.
For a game classified R 18+, or an unclassified game that would, if classified, be classified R 18+:
100 penalty units.
(5) Section 68(2)(a), after "RC"
insert
or R 18+
(1) Section 71(1)(a) and (b), after "RC"
insert
or R 18+
(2) Section 71(1), fault element statement, paragraph (b), after "RC"
insert
or R 18+
(3) Section 71(1), penalty provision
omit, insert
Maximum penalty: For a game classified RC, or an unclassified game that would, if classified, be classified RC:
200 penalty units or imprisonment for 2 years.
For a game classified R 18+, or an unclassified game that would, if classified, be classified R 18+:
100 penalty units.
(4) Section 71(2)(b), after "RC"
insert
or R 18+
(5) After section 71(2)
insert
(2A) Subsection (1) does not apply if:
(a) the game is classified R 18+, or is an unclassified game that would, if classified, be classified R 18+; and
(b) the child is at least 15 years of age; and
(c) the person who sells or delivers the game to the child is a parent or guardian of the child.
(2B) It is a defence to a prosecution for an offence against subsection (1), if the game is classified R 18+, or is an unclassified game that would, if classified, be classified R 18+, if the defendant proves that:
(a) the defendant believed, on reasonable grounds, that the child was an adult; or
(b) if the offence relates to the delivery of the game, the child was employed by the defendant and the delivery took place in the course of employment.
(2C) A child who is at least 15 years of age must not buy a computer game classified RC or R 18+.
Fault element: Knowledge that the game is classified RC or R 18+.
Maximum penalty: 50 penalty units.
(1) Section 73(1)(a), (b) and fault element statement, paragraph (c), after "RC"
insert
, R 18+
(2) Section 73(1), penalty provision, after "2 years."
insert
For a game classified R 18+, or an unclassified game that would, if classified, be classified R 18+:
100 penalty units.
(3) Section 73(2), after "RC"
insert
, R 18+
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