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Queensland
Classification of Computer
Games and Images and Other
Legislation Amendment
Bill 2012
Queensland
Classification of Computer Games and
Images and Other Legislation Amendment
Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Classification of Computer Games and
Images Act 1995
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2A Exempt computer game excluded from Act . . . . . . . . 9
5 Amendment of s 4 (Classification under the Commonwealth Act) 9
6 Amendment of s 9 (Prohibition against demonstration of unclassified
computer game) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Replacement of s 10 (Restriction on demonstration of MA 15+ computer
game) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Restriction on public demonstration of MA 15+ or R 18+
computer game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Insertion of new s 10AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10AA Restriction on private demonstration of R 18+ computer
game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 10B (Computer game available for playing on pay and
play basis to bear determined markings and consumer advice) . 12
10 Amendment of s 12 (Advertisement to contain determined markings and
consumer advice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of s 13 (False advertising of computer games) . . . . 13
12 Amendment of s 13A (Prohibition against advertising certain computer
games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 14 (Markings and consumer advice on containers) 13
14 Amendment of s 15 (Display of classifications notices) . . . . . . . . 14
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Contents
15 Amendment of s 16 (Classified computer games containing
advertisements for other computer games) . . . . . . . . . . . . . . . . . 14
16 Amendment of s 17 (Display for sale of MA 15+ computer game) 15
17 Replacement of s 18 (Sale of MA 15+ computer game to certain
children prohibited). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
18 Restriction on sale of MA 15+ or R 18+ computer game 15
18 Amendment of s 19 (Sale of unclassified computer games prohibited)
16
19 Amendment of s 21 (Sale of improperly marked classified computer
games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 23 (Demonstration of an objectionable computer game
before a minor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Amendment of s 29 (No liability in certain circumstances). . . . . . 17
22 Amendment of s 42 (Additional power of inspector to seize computer
games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
69A Protection of officials from criminal liability. . . . . . . . . 18
24 Insertion of new pt 9, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3 Classification of Computer Games and Images
and Other Legislation Amendment Act 2012
75 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
76 Classification or reclassification under ss 5 and 6 . . . 19
77 Classification applying to particular films . . . . . . . . . . 19
78 Applications for exemption under s 57 . . . . . . . . . . . . 19
79 Applications for exemption under s 59 . . . . . . . . . . . . 20
80 Existing exemptions under ss 58 and 59 . . . . . . . . . . 20
81 Entitlement to review by QCAT . . . . . . . . . . . . . . . . . . 21
82 Review by QCAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 3 Amendment of Classification of Films Act 1991
26 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
2A Exempt film excluded from Act . . . . . . . . . . . . . . . . . . 23
28 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Amendment of s 22 (Attendance of certain minors at exhibition of
certain films--offence by exhibitor) . . . . . . . . . . . . . . . . . . . . . . . 23
30 Amendment of s 26 (Prohibition against publishing certain
advertisements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
31 Amendment of s 28 (False advertising of films prohibited). . . . . . 24
Page 2
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Contents
32 Amendment of s 33 (Sale of MA 15+ or R 18+ film to certain minors
prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Amendment of s 34 (Display and sale of objectionable and unclassified
films prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 Amendment of s 38 (Exhibition of an R 18+ or objectionable film before
a minor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35 Replacement of pt 7, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
36 Replacement of ss 56-59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 1 Exemption by director
56 Application for exemption . . . . . . . . . . . . . . . . . . . . . . 26
57 Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2 Exemption by films classification officer'.
37 Insertion of new ss 59A and 59B . . . . . . . . . . . . . . . . . . . . . . . . . 27
59A Exemption of entity and film for medical etc. purposes 27
59B Review by QCAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Insertion of new s 66A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
66A Protection of officials from liability . . . . . . . . . . . . . . . 28
39 Insertion of new pt 9, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5 Classification of Computer Games and Images
and Other Legislation Amendment Act 2012
76 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
77 Applications for exemption under s 57 . . . . . . . . . . . . 29
78 Existing exemptions under s 58 . . . . . . . . . . . . . . . . . 29
79 Entitlement to review by QCAT . . . . . . . . . . . . . . . . . . 29
80 Review by QCAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 4 Amendment of Classification of Publications Act 1991
40 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41 Insertion of new s 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Protection of officials from liability . . . . . . . . . . . . . . . 30
Part 5 Amendment of Criminal Code
42 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Amendment of s 228E (Defences for ss 228A-228D) . . . . . . . . . 31
Part 6 Amendment of Land Act 1994
44 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 Replacement of ch 9, pt 1I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 1I Transitional provision for Classification of
Computer Games and Images and Other
Legislation Amendment Act 2012
Page 3
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Contents
521ZB References to the repealed Dividing Fences Act 1953 33
Part 7 Amendment of Neighbourhood Disputes Resolution Act
2011
46 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 8 Amendment of Recording of Evidence Act 1962
48 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Replacement of s 5 (Power to direct recording under this Act) . . 35
5 Recording of relevant matter in legal proceedings . . . 35
5A Arrangements for recording services . . . . . . . . . . . . . 36
5B Availability of copies of records and transcriptions . . . 36
51 Omission of ss 6-9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
52 Amendment of s 10 (Record and transcription to be evidence) . . 37
53 Amendment of s 11 (Depositions of witnesses) . . . . . . . . . . . . . . 38
54 Amendment of s 11A (Retention and destruction of records) . . . 38
55 Amendment of s 11B (Access to out-of-session recording prohibited) 39
56 Amendment of s 12 (Offences). . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Amendment of s 13 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 39
58 Omission of s 15 (Transitional provision for Justice and Other Legislation
Amendment Act 2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
59 Insertion of new s 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
17 Transitional provision for Classification of Computer Games
and Images and Other Legislation Amendment Act 2012 40
Part 9 Other amendments
60 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
61 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Schedule 1 Provisions amended by section 60 . . . . . . . . . . . . . . . . . . . . . 41
Schedule 2 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 42
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Criminal Organisation Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Criminal Proceeds Confiscation Act 2002 . . . . . . . . . . . . . . . . . . 43
Dangerous Prisoners (Sexual Offenders) Act 2003 . . . . . . . . . . . 44
Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 45
Public Officers Superannuation Benefits Recovery Act 1988. . . . 46
Page 4
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Contents
Youth Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Page 5
2012
A Bill
for
An Act to amend the Classification of Computer Games and
Images Act 1995, the Classification of Films Act 1991, the
Classification of Publications Act 1991, the Criminal Code, the
Land Act 1994, the Neighbourhood Disputes Resolution Act
2011 and the Recording of Evidence Act 1962 for particular
purposes, and to make consequential or minor amendments of
other Acts as stated in schedules 1 and 2 for purposes related
to those particular purposes
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Classification of Computer 4
Games and Images and Other Legislation Amendment Act 5
2012. 6
Clause 2 Commencement 7
(1) The prescribed provisions commence on the later of the 8
following-- 9
(a) the day this Act is assented to; 10
(b) 1 January 2013. 11
(2) The following provisions commence on a day to be fixed by 12
proclamation-- 13
(a) section 28(1), to the extent it omits the definition 14
approved organisation; 15
(b) section 36; 16
(c) section 39; 17
(d) section 43(6); 18
(e) parts 6 to 9; 19
(f) schedules 1 and 2. 20
(3) In this section-- 21
prescribed provisions means the following provisions-- 22
(a) part 2; 23
(b) part 3 other than the following-- 24
Page 8
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 3]
(i) section 28(1), to the extent it omits the definition 1
approved organisation; 2
(ii) section 36; 3
(iii) section 39; 4
(c) part 4; 5
(d) section 42; 6
(e) section 43(1) to (5). 7
Part 2 Amendment of Classification of 8
Computer Games and Images 9
Act 1995 10
Clause 3 Act amended 11
This part amends the Classification of Computer Games and 12
Images Act 1995. 13
Clause 4 Insertion of new s 2A 14
After section 2-- 15
insert-- 16
`2A Exempt computer game excluded from Act 17
`This Act does not apply to a computer game that is an exempt 18
computer game.'. 19
Clause 5 Amendment of s 4 (Classification under the 20
Commonwealth Act) 21
(1) Section 4(1), `Subject to subsection (1A), if'-- 22
omit, insert-- 23
`If'. 24
Page 9
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 6]
(2) Section 4(1A)-- 1
omit. 2
Clause 6 Amendment of s 9 (Prohibition against demonstration of 3
unclassified computer game) 4
(1) Section 9(1), penalty, paragraph (a), after `as a'-- 5
insert-- 6
`G,'. 7
(2) Section 9(1), penalty, paragraph (c)-- 8
renumber as paragraph (d). 9
(3) Section 9(1), penalty-- 10
insert-- 11
`(c) 50 penalty units for a computer game that, if it were 12
classified, would be classified as an R 18+ computer 13
game; or'. 14
Clause 7 Replacement of s 10 (Restriction on demonstration of MA 15
15+ computer game) 16
Section 10-- 17
omit, insert-- 18
`10 Restriction on public demonstration of MA 15+ or R 18+ 19
computer game 20
`(1) A person must not demonstrate, or attempt to demonstrate, in 21
a public place an MA 15+ computer game if a minor under 15 22
years who is not accompanied by an adult is present. 23
Maximum penalty--10 penalty units. 24
`(2) A person does not commit an offence against subsection (1) if 25
the person reasonably believes the minor is at least 15 years or 26
is accompanied by an adult when the game is demonstrated. 27
`(3) A person must not demonstrate, or attempt to demonstrate, in 28
a public place an R 18+ computer game if a minor is present. 29
Page 10
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 8]
Maximum penalty--50 penalty units. 1
`(4) A person does not commit an offence against subsection (3) if 2
the person reasonably believes the minor is at least 18 years. 3
`(5) A person must not demonstrate, or attempt to demonstrate, in 4
a public place an MA 15+ or R 18+ computer game unless the 5
determined markings for the game are displayed before the 6
game is demonstrated. 7
Maximum penalty--40 penalty units. 8
`(6) Subsection (7) applies if-- 9
(a) the board reclassifies a computer game under the 10
Commonwealth Act, section 39; or 11
(b) the board revokes a classification for a computer game 12
under the Commonwealth Act, section 22B(3). 13
`(7) Display of the determined markings that applied to the 14
computer game before the reclassification or revocation is 15
sufficient compliance with subsection (5) for the 30-day 16
period after the reclassification or revocation takes effect.'. 17
Clause 8 Insertion of new s 10AA 18
After section 10-- 19
insert-- 20
`10AA Restriction on private demonstration of R 18+ computer 21
game 22
`A person must not demonstrate, or attempt to demonstrate, an 23
R 18+ computer game in a place that is not a public place in 24
the presence of a minor unless the person is a parent or 25
guardian of the minor or has the consent of a parent or 26
guardian of the minor. 27
Maximum penalty--50 penalty units.'. 28
Page 11
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 9]
Clause 9 Amendment of s 10B (Computer game available for 1
playing on pay and play basis to bear determined 2
markings and consumer advice) 3
(1) Section 10B(3), `If'-- 4
omit, insert-- 5
`Subsection (4) applies if'. 6
(2) Section 10B(3), from `display'-- 7
omit. 8
(3) Section 10B-- 9
insert-- 10
`(4) Display of the determined markings and consumer advice that 11
applied to the computer game before the reclassification or 12
revocation is sufficient compliance with this section for the 13
30-day period after the reclassification or revocation takes 14
effect.'. 15
Clause 10 Amendment of s 12 (Advertisement to contain 16
determined markings and consumer advice) 17
Section 12(2)-- 18
omit, insert-- 19
`(2) Subsection (3) applies if-- 20
(a) the board reclassifies a computer game under the 21
Commonwealth Act, section 39; or 22
(b) the board revokes a classification or consumer advice 23
for a computer game under the Commonwealth Act, 24
section 22B(3). 25
`(3) Display of the determined markings and consumer advice that 26
applied to the computer game before the reclassification or 27
revocation is sufficient compliance with subsection (1) for the 28
30-day period after the reclassification or revocation takes 29
effect.'. 30
Page 12
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 11]
Clause 11 Amendment of s 13 (False advertising of computer 1
games) 2
(1) Section 13(2)-- 3
renumber as section 13(4). 4
(2) Section 13-- 5
insert-- 6
`(2) Subsection (3) applies if-- 7
(a) the board reclassifies a computer game under the 8
Commonwealth Act, section 39; or 9
(b) the board revokes a classification for a computer game 10
under the Commonwealth Act, section 22B(3). 11
`(3) Indicating the computer game has the classification that 12
applied to the computer game before the reclassification or 13
revocation is sufficient compliance with subsection (1) for the 14
30-day period after the reclassification or revocation takes 15
effect.'. 16
Clause 12 Amendment of s 13A (Prohibition against advertising 17
certain computer games) 18
Section 13A(2)-- 19
omit. 20
Clause 13 Amendment of s 14 (Markings and consumer advice on 21
containers) 22
Section 14-- 23
insert-- 24
`(2) Subsection (3) applies if-- 25
(a) the board reclassifies a computer game under the 26
Commonwealth Act, section 39; or 27
Page 13
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 14]
(b) the board revokes a classification or consumer advice 1
for a computer game under the Commonwealth Act, 2
section 22B(3). 3
`(3) Bearing the determined markings and consumer advice that 4
applied to the computer game before the reclassification or 5
revocation is sufficient compliance with this section for the 6
30-day period after the reclassification or revocation takes 7
effect.'. 8
Clause 14 Amendment of s 15 (Display of classifications notices) 9
(1) Section 15(1), from `games,' to `films,'-- 10
omit, insert-- 11
`games'. 12
(2) Section 15(2)-- 13
omit, insert-- 14
`(2) In this section-- 15
classifications notice means a notice, in the form approved by 16
the director and published in the Commonwealth gazette, 17
about the classifications for computer games.'. 18
Clause 15 Amendment of s 16 (Classified computer games 19
containing advertisements for other computer games) 20
(1) Section 16(a), `M or MA 15+'-- 21
omit, insert-- 22
`M, MA 15+ or R 18+'. 23
(2) Section 16(b), `M or MA 15+'-- 24
omit, insert-- 25
`M, MA 15+ or R 18+'. 26
(3) Section 16(c), after `MA 15+'-- 27
insert-- 28
`or R 18+'. 29
Page 14
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 16]
(4) Section 16(d), before `objectionable'-- 1
insert-- 2
`R 18+ or'. 3
(5) Section 16(e)-- 4
renumber as section 16(f). 5
(6) Section 16-- 6
insert-- 7
`(e) if the computer game is classified as an R 18+ computer 8
game--an objectionable computer game; or'. 9
(7) Section 16, note, `(e)'-- 10
omit, insert-- 11
`(f)'. 12
Clause 16 Amendment of s 17 (Display for sale of MA 15+ computer 13
game) 14
Section 17, after `MA 15+'-- 15
insert-- 16
`or R 18+'. 17
Clause 17 Replacement of s 18 (Sale of MA 15+ computer game to 18
certain children prohibited) 19
Section 18-- 20
omit, insert-- 21
`18 Restriction on sale of MA 15+ or R 18+ computer game 22
`(1) A person must not sell or deliver, or attempt to sell or deliver, 23
an MA 15+ computer game to a minor under 15 years unless 24
the minor is accompanied by an adult. 25
Maximum penalty--20 penalty units. 26
`(2) A person must not sell or deliver, or attempt to sell or deliver, 27
an R 18+ computer game to a minor. 28
Page 15
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 18]
Maximum penalty--100 penalty units. 1
`(3) A person does not commit an offence against subsection (1) if 2
the person reasonably believes the minor is at least 15 years or 3
is accompanied by an adult. 4
`(4) A person does not commit an offence against subsection (2) if 5
the person reasonably believes the minor is at least 18 years. 6
`(5) A person does not commit an offence against subsection (1) or 7
(2) about the delivery of a computer game if-- 8
(a) the minor is employed by a person in a business of 9
selling computer games; and 10
(b) the delivery takes place in the course of the 11
employment. 12
`(6) Also, a person does not commit an offence against subsection 13
(1) or (2) about the delivery of a computer game if the person 14
did not know, and could not reasonably be expected to have 15
known, the item was an MA 15+ computer game or R 18+ 16
computer game respectively.'. 17
Clause 18 Amendment of s 19 (Sale of unclassified computer games 18
prohibited) 19
Section 19(1), penalty-- 20
omit, insert-- 21
`Maximum penalty-- 22
(a) 10 penalty units for a computer game that, if it were 23
classified, would be classified as a G, PG or M computer 24
game; or 25
(b) 50 penalty units for a computer game that, if it were 26
classified, would be classified as an MA 15+ computer 27
game; or 28
(c) 100 penalty units for a computer game that, if it were 29
classified, would be classified as an R 18+ computer 30
game; or 31
Page 16
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 19]
(d) 150 penalty units for a computer game that has been, or 1
would have been, classified RC.'. 2
Clause 19 Amendment of s 21 (Sale of improperly marked classified 3
computer games) 4
Section 21-- 5
insert-- 6
`(2) Subsection (3) applies if-- 7
(a) the board reclassifies a computer game under the 8
Commonwealth Act, section 39; or 9
(b) the board revokes a classification for a computer game 10
under the Commonwealth Act, section 22B(3). 11
`(3) Indicating the computer game has the classification that 12
applied before the reclassification or revocation is sufficient 13
compliance with subsection (1) for the 30-day period after the 14
reclassification or revocation takes effect.'. 15
Clause 20 Amendment of s 23 (Demonstration of an objectionable 16
computer game before a minor) 17
Section 23, penalty, `10'-- 18
omit, insert-- 19
`100'. 20
Clause 21 Amendment of s 29 (No liability in certain circumstances) 21
Section 29, `(b), (c) or (d)'-- 22
omit, insert-- 23
`(a)(ii) or (iii)'. 24
Clause 22 Amendment of s 42 (Additional power of inspector to 25
seize computer games) 26
Section 42(5), `G, G(8+), M(15+) or an MA(15+)'-- 27
Page 17
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 23]
omit, insert-- 1
`G, PG, M, MA 15+ or R 18+'. 2
Clause 23 Insertion of new s 69A 3
After section 69-- 4
insert-- 5
`69A Protection of officials from criminal liability 6
`(1) An official is not criminally liable for an act done honestly 7
and without negligence in the performance of the official's 8
functions under this Act. 9
`(2) In this section-- 10
official means any of the following persons-- 11
(a) the computer games classification officer; 12
(b) the convenor; 13
(c) the director; 14
(d) a person appointed as an inspector under section 30; 15
(e) a public service employee assisting a person mentioned 16
in paragraph (a) or (d) above.'. 17
Clause 24 Insertion of new pt 9, div 3 18
Part 9-- 19
insert-- 20
`Division 3 Classification of Computer Games 21
and Images and Other Legislation 22
Amendment Act 2012 23
`75 Definitions for div 3 24
`In this division-- 25
commencement means the commencement of this section. 26
Page 18
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 24]
film see the Commonwealth Act, section 5. 1
`76 Classification or reclassification under ss 5 and 6 2
`(1) This section applies to a film if-- 3
(a) immediately before the commencement, the film was a 4
computer game under this Act; and 5
(b) classification under section 5, or reclassification under 6
section 6, of the film was started but not completed 7
before the commencement. 8
`(2) The classification or reclassification may be decided as if the 9
film were still a computer game under this Act. 10
`(3) For the Classification of Films Act 1991, the film is taken to 11
have the classification decided under this section. 12
`77 Classification applying to particular films 13
`(1) This section applies to a film that, immediately before the 14
commencement-- 15
(a) was a computer game under this Act; and 16
(b) had a classification G, PG, M, MA 15+ or RC that was 17
given under this Act. 18
`(2) For the Classification of Films Act 1991, the film is taken to 19
have the classification mentioned in subsection (1)(b). 20
`(3) Subsection (2) stops applying if the film is classified under the 21
Commonwealth Act. 22
`78 Applications for exemption under s 57 23
`(1) This section applies if-- 24
(a) an application for an exemption under section 57 was 25
made before the commencement for a film that, 26
immediately before the commencement, was a computer 27
game under this Act; and 28
Page 19
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 24]
(b) the application was not decided before the 1
commencement. 2
`(2) The application may be decided as if the film were still a 3
computer game under this Act. 4
`(3) If an exemption is given, the exemption is taken, for the 5
Classification of Films Act 1991, to be an exemption given 6
under section 58 of that Act. 7
`79 Applications for exemption under s 59 8
`(1) This section applies if-- 9
(a) an application for an exemption under section 59 was 10
made before the commencement for a film that, 11
immediately before the commencement, was a computer 12
game under this Act; and 13
(b) the application was not decided before the 14
commencement. 15
`(2) The application may be decided as if the film were still a 16
computer game under this Act. 17
`(3) If an exemption is given, the exemption is taken, for the 18
Classification of Films Act 1991, to be an exemption given 19
under section 59A of that Act. 20
`80 Existing exemptions under ss 58 and 59 21
`(1) This section applies if an exemption is given under section 58 22
or 59 before the commencement for a film that, immediately 23
before the commencement, was a computer game under this 24
Act. 25
`(2) For the Classification of Films Act 1991, the exemption is 26
taken to have been given under section 58 or 59A of that Act 27
respectively. 28
`(3) If the exemption is subject to a condition, the exemption 29
remains subject to the condition. 30
Page 20
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 25]
`81 Entitlement to review by QCAT 1
`(1) This section applies if, immediately before the 2
commencement, a person could have applied to QCAT for the 3
review of a decision in relation to a film that, immediately 4
before the commencement, was a computer game under this 5
Act. 6
`(2) The application may be made and decided as if the film were 7
still a computer game under this Act. 8
`(3) For the Classification of Films Act 1991-- 9
(a) the film is taken to have any classification decided under 10
this section by QCAT; and 11
(b) an exemption given by QCAT under section 58 or 59 is 12
taken to have been given under section 58 or 59A of the 13
Classification of Films Act 1991 respectively. 14
`82 Review by QCAT 15
`(1) This section applies if an application for the review of a 16
decision under section 8 or 60 is made but not decided before 17
the commencement of this section in relation to a film that, 18
immediately before the commencement, was a computer 19
game under this Act. 20
`(2) The application may be decided as if the film were still a 21
computer game under this Act. 22
`(3) For the Classification of Films Act 1991-- 23
(a) the film is taken to have any classification decided under 24
this section by QCAT; and 25
(b) an exemption given by QCAT under section 58 or 59 is 26
taken to have been given under section 58 or 59A of the 27
Classification of Films Act 1991 respectively.'. 28
Clause 25 Amendment of sch 2 (Dictionary) 29
(1) Schedule 2, definitions bulletin board, computer game, 30
computer-generated image, computer program, consumer 31
Page 21
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 2 Amendment of Classification of Computer Games and Images Act 1995
[s 25]
advice, determined markings, interactive film, objectionable 1
computer game-- 2
omit. 3
(2) Schedule 2-- 4
insert-- 5
`computer game see the Commonwealth Act, section 5A. 6
consumer advice means the consumer advice about the 7
computer game decided by the board under the 8
Commonwealth Act. 9
determined markings means the markings determined under 10
the Commonwealth Act. 11
objectionable computer game-- 12
(a) means a computer game, or an advertisement for a 13
computer game, that-- 14
(i) describes, depicts, expresses or otherwise deals 15
with matters of sex, drug misuse or addiction, 16
crime, cruelty, violence, or revolting or abhorrent 17
phenomena in a way that offends against standards 18
of morality, decency and propriety generally 19
accepted by reasonable adults; or 20
(ii) depicts a person who is, or who looks like, a child 21
under 16 years (whether the person is engaged in 22
sexual activity or not) in a way likely to cause 23
offence to a reasonable adult; or 24
(iii) promotes, incites or instructs in matters of crime or 25
violence; or 26
(iv) for a computer game--is classified RC; or 27
(v) for an advertisement--is refused approval under 28
the Commonwealth Act, section 29; but 29
(b) does not include a computer game that is classified, or if 30
it were classified, would be classified, as an R 18+ 31
computer game.'. 32
(3) Schedule 2, definition advertisement, paragraph (d)-- 33
Page 22
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 3 Amendment of Classification of Films Act 1991
[s 26]
omit. 1
(4) Schedule 2, definition advertisement, paragraphs (e) to (g)-- 2
renumber as paragraphs (d) to (f). 3
Part 3 Amendment of Classification of 4
Films Act 1991 5
Clause 26 Act amended 6
This part amends the Classification of Films Act 1991. 7
Clause 27 Insertion of new s 2A 8
After section 2-- 9
insert-- 10
`2A Exempt film excluded from Act 11
`This Act does not apply to a film that is an exempt film.'. 12
Clause 28 Amendment of s 3 (Definitions) 13
(1) Section 3, definitions approved organisation, computer 14
program and film-- 15
omit. 16
(2) Section 3-- 17
insert-- 18
`film see the Commonwealth Act, section 5.'. 19
Clause 29 Amendment of s 22 (Attendance of certain minors at 20
exhibition of certain films--offence by exhibitor) 21
Section 22(2), penalty, `10'-- 22
omit, insert-- 23
Page 23
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 3 Amendment of Classification of Films Act 1991
[s 30]
`50'. 1
Clause 30 Amendment of s 26 (Prohibition against publishing 2
certain advertisements) 3
Section 26(1), before `unclassified'-- 4
insert-- 5
`objectionable or'. 6
Clause 31 Amendment of s 28 (False advertising of films prohibited) 7
Section 28(2)-- 8
omit. 9
Clause 32 Amendment of s 33 (Sale of MA 15+ or R 18+ film to 10
certain minors prohibited) 11
(1) Section 33(1)-- 12
omit, insert-- 13
`(1) A person must not sell or deliver, or attempt to sell or deliver, 14
a film classified as an MA 15+ film to a minor who has not 15
reached 15 years unless the minor is accompanied by an adult. 16
Maximum penalty--20 penalty units. 17
`(1A) A person must not sell or deliver, or attempt to sell or deliver, 18
a film classified as an R 18+ film to a minor. 19
Maximum penalty--100 penalty units.'. 20
(2) Section 33(2), `(1)(a)'-- 21
omit, insert-- 22
`(1)'. 23
(3) Section 33(3), `(1)(b)'-- 24
omit, insert-- 25
`(2)'. 26
(4) Section 33(4), after `(1)'-- 27
Page 24
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 3 Amendment of Classification of Films Act 1991
[s 33]
insert-- 1
`or (2)'. 2
(5) Section 33(1A) to (4)-- 3
renumber as section 33(2) to (5). 4
Clause 33 Amendment of s 34 (Display and sale of objectionable 5
and unclassified films prohibited) 6
(1) Section 34, penalty, paragraph (a), `5'-- 7
omit, insert-- 8
`10'. 9
(2) Section 34, penalty, paragraph (b), `7'-- 10
omit, insert-- 11
`50'. 12
(3) Section 34, penalty, paragraph (c), `10'-- 13
omit, insert-- 14
`100'. 15
(4) Section 34, penalty, paragraph (d), `50'-- 16
omit, insert-- 17
`150'. 18
Clause 34 Amendment of s 38 (Exhibition of an R 18+ or 19
objectionable film before a minor) 20
(1) Section 38(1), `without'-- 21
omit, insert-- 22
`unless the person is a parent or guardian of the minor or has'. 23
(2) Section 38(1), penalty, `10'-- 24
omit, insert-- 25
`50'. 26
Page 25
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 3 Amendment of Classification of Films Act 1991
[s 35]
Clause 35 Replacement of pt 7, hdg 1
Part 7, heading-- 2
omit, insert-- 3
`Part 7 Exemptions'. 4
Clause 36 Replacement of ss 56-59 5
Sections 56 to 59-- 6
omit, insert-- 7
`Division 1 Exemption by director 8
`56 Application for exemption 9
`(1) An entity may apply to the director for an exemption from this 10
Act, or a provision of this Act, in relation to a particular film 11
that the entity intends to exhibit. 12
`(2) The application must-- 13
(a) state the film and when the entity intends to exhibit the 14
film; and 15
(b) be accompanied by a synopsis of the story or events 16
depicted in the film; and 17
(c) be lodged with the director in writing. 18
`57 Exemption 19
`(1) On receipt of an application under section 56, the director 20
may grant a written exemption from this Act or a stated 21
provision of this Act. 22
`(2) In deciding the application, the director must give effect to 23
any directions or guidelines issued by the Minister about 24
exemptions under this section. 25
`(3) The director may impose conditions on the exemption. 26
`(4) If an exemption is granted and the conditions (if any) are 27
complied with-- 28
Page 26
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 3 Amendment of Classification of Films Act 1991
[s 37]
(a) this Act or the provisions of this Act specified in the 1
exemption do not apply in relation to the exhibition of 2
the film by the entity; and 3
(b) the exhibition of the film is not an indecent or obscene 4
publication for the purposes of the Criminal Code. 5
`Division 2 Exemption by films classification 6
officer'. 7
Clause 37 Insertion of new ss 59A and 59B 8
Part 7-- 9
insert-- 10
`59A Exemption of entity and film for medical etc. purposes 11
`(1) On receipt of a written application, the films classification 12
officer may, in writing, exempt an entity from this Act, or 13
specified provisions of this Act, for specified films. 14
`(2) An exemption may only be given for films that are-- 15
(a) of a medical, educational or scientific character; or 16
(b) intended to be used by the entity for a medical, 17
educational or scientific purpose. 18
`(3) The exemption may be given on conditions. 19
`(4) If the conditions are complied with, subsection (5) has effect 20
for the entity and the film. 21
`(5) This Act or the provisions of this Act stated in the exemption 22
do not apply and the film is not indecent or obscene material 23
for the purposes of the Criminal Code. 24
`59B Review by QCAT 25
`(1) This section applies if the films classification officer makes a 26
decision refusing to give an exemption under section 59A. 27
Page 27
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 3 Amendment of Classification of Films Act 1991
[s 38]
`(2) The films classification officer must give the entity a QCAT 1
information notice for the decision. 2
`(3) The entity may apply, as provided under the QCAT Act, to 3
QCAT for a review of the decision. 4
`(4) In this section-- 5
QCAT information notice means a notice complying with the 6
QCAT Act, section 157(2).'. 7
Clause 38 Insertion of new s 66A 8
Part 8-- 9
insert-- 10
`66A Protection of officials from liability 11
`(1) An official is not criminally liable for an act done honestly 12
and without negligence in the performance of the official's 13
functions under this Act. 14
`(2) In this section-- 15
official means any of the following persons-- 16
(a) films classification officer; 17
(b) convenor; 18
(c) director; 19
(d) a person appointed as an inspector under section 4(1); 20
(e) a public service employee assisting a person mentioned 21
in paragraph (a) or (d) above.'. 22
Clause 39 Insertion of new pt 9, div 5 23
Part 9-- 24
insert-- 25
Page 28
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 3 Amendment of Classification of Films Act 1991
[s 39]
`Division 5 Classification of Computer Games 1
and Images and Other Legislation 2
Amendment Act 2012 3
`76 Definitions for div 5 4
`In this division-- 5
amending Act means the Classification of Computer Games 6
and Images and Other Legislation Amendment Act 2012. 7
`77 Applications for exemption under s 57 8
`(1) This section applies to an application for an exemption under 9
section 57 made but not decided before the commencement of 10
this section. 11
`(2) Sections 58 and 59 as in force immediately before the 12
commencement of this section continue to apply in relation to 13
the application as if the amending Act had not commenced. 14
`78 Existing exemptions under s 58 15
`(1) This section applies to an exemption given under section 58 16
that was in force immediately before the commencement of 17
this section. 18
`(2) The exemption continues in force as if it had been granted 19
under section 57 as in force from the commencement. 20
`79 Entitlement to review by QCAT 21
`(1) This section applies if, immediately before the 22
commencement, a person could have applied to QCAT under 23
section 59 for the review of a decision mentioned in section 24
59(1)(c). 25
`(2) The application may be made and decided as if the amending 26
Act had not commenced. 27
Page 29
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 4 Amendment of Classification of Publications Act 1991
[s 40]
`80 Review by QCAT 1
`(1) This section applies to an application, made under section 59 2
but not decided before the commencement of this section, for 3
the review by QCAT of a decision mentioned in section 4
59(1)(c). 5
`(2) The application may continue and be decided as if the 6
amending Act had not commenced. 7
Part 4 Amendment of Classification of 8
Publications Act 1991 9
Clause 40 Act amended 10
This part amends the Classification of Publications Act 1991. 11
Clause 41 Insertion of new s 39 12
Part 5-- 13
insert-- 14
`39 Protection of officials from liability 15
`(1) An official is not criminally liable for an act done honestly 16
and without negligence in the performance of the official's 17
functions under this Act. 18
`(2) In this section-- 19
official means any of the following persons-- 20
(a) publications classification officer; 21
(b) director; 22
(c) a person appointed as an inspector under section 5(1); 23
(d) a public service employee assisting a person mentioned 24
in paragraph (a) or (c) above.'. 25
Page 30
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 5 Amendment of Criminal Code
[s 42]
Part 5 Amendment of Criminal Code 1
Clause 42 Code amended 2
This part amends the Criminal Code. 3
Note-- 4
See also the amendments in schedule 2. 5
Clause 43 Amendment of s 228E (Defences for ss 228A-228D) 6
(1) Section 228E(3), example-- 7
omit, insert-- 8
`Example-- 9
A Brisbane medical school is given an exemption under the 10
Classification of Publications Act 1991 to allow the medical school to 11
possess photographs of tortured children and to distribute the 12
photographs to medical students. The exemption is subject to a 13
condition that the students are not allowed to distribute the photographs 14
to anyone else or remove the photographs from the premises of the 15
medical school. Amy, a medical student, gives some of the photographs 16
to her brother Bob and also takes some of the photographs home. 17
Neither Amy nor Bob could claim a defence under this subsection, 18
because their possession of the photographs is not consistent with the 19
exemption.'. 20
(2) Section 228E(5)-- 21
omit, insert-- 22
`(5) It is a defence for the person to prove that the material alleged 23
to be child exploitation material is a computer game, film or 24
publication that is classified as something other than RC.'. 25
(3) Section 228E(8), definition certificate-- 26
insert-- 27
`(iii) for a film--a certificate mentioned in the 28
Classification of Films Act 1991, section 60(1) 29
signed or purporting to be signed by the director or 30
convenor within the meaning of that Act.'. 31
Page 31
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 6 Amendment of Land Act 1994
[s 44]
(4) Section 228E(8), definition classification exemption, 1
paragraph (b)-- 2
renumber as paragraph (c). 3
(5) Section 228E(8), definition classification exemption-- 4
insert-- 5
`(b) for a film--the Classification of Films Act 1991, section 6
59A; or'. 7
(6) Section 228E(8), definition classification exemption, 8
paragraph (b), before `59A'-- 9
insert-- 10
`57 or'. 11
Part 6 Amendment of Land Act 1994 12
Clause 44 Act amended 13
This part amends the Land Act 1994. 14
Clause 45 Replacement of ch 9, pt 1I 15
Chapter 9, part 1I-- 16
omit, insert-- 17
Page 32
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 7 Amendment of Neighbourhood Disputes Resolution Act 2011
[s 46]
`Part 1I Transitional provision for 1
Classification of Computer 2
Games and Images and Other 3
Legislation Amendment Act 4
2012 5
`521ZB References to the repealed Dividing Fences Act 1953 6
`(1) In a document under this Act, a reference to the repealed 7
Dividing Fences Act 1953 may, if the context permits, be 8
taken to be a reference to the Neighbourhood Disputes 9
(Dividing Fences and Trees) Act 2011. 10
`(2) Subsection (1) applies subject to the Neighbourhood Disputes 11
(Dividing Fences and Trees) Act 2011, section 98.'. 12
Part 7 Amendment of Neighbourhood 13
Disputes Resolution Act 2011 14
Clause 46 Act amended 15
This part amends the Neighbourhood Disputes Resolution Act 16
2011. 17
Clause 47 Amendment of s 1 (Short title) 18
Section 1, `Neighbourhood Disputes Resolution Act 2011'-- 19
omit, insert-- 20
`Neighbourhood Disputes (Dividing Fences and Trees) Act 21
2011'. 22
Page 33
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 8 Amendment of Recording of Evidence Act 1962
[s 48]
Part 8 Amendment of Recording of 1
Evidence Act 1962 2
Clause 48 Act amended 3
This part amends the Recording of Evidence Act 1962. 4
Clause 49 Amendment of s 4 (Definitions) 5
(1) Section 4, definitions master-tape, recorder, shorthand 6
reporter and tape-- 7
omit. 8
(2) Section 4-- 9
insert-- 10
`master recording means the medium containing a complete 11
record under this Act of a legal proceeding. 12
medium means a disc, tape or other thing from which a record 13
under this Act may be reproduced. 14
recorder means a person who carries out a recording service. 15
recording service means-- 16
(a) the recording of relevant matter in a legal proceeding 17
under section 5; or 18
(b) the transcription of a record under this Act under an 19
arrangement under section 5A; or 20
(c) the transcription of a record under this Act by a public 21
service employee in the department.'. 22
(3) Section 4, definition court, after `any court'-- 23
insert-- 24
`or tribunal'. 25
(4) Section 4, definition dictation-tape, `tape (other than a 26
master-tape)'-- 27
omit, insert-- 28
Page 34
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 8 Amendment of Recording of Evidence Act 1962
[s 50]
`medium (other than a master recording)'. 1
(5) Section 4, definition judicial person, `any magistrate'-- 2
omit, insert-- 3
`any judge, magistrate'. 4
(6) Section 4, definition legal proceeding, `, tribunal,'-- 5
omit. 6
(7) Section 4, definition record under this Act, paragraph (a), 7
from `in any manner' to `master-tape'-- 8
omit, insert-- 9
`under section 5 and includes, if the record on a master 10
recording'. 11
Clause 50 Replacement of s 5 (Power to direct recording under this 12
Act) 13
Section 5-- 14
omit, insert-- 15
`5 Recording of relevant matter in legal proceedings 16
`(1) All relevant matter in a legal proceeding is to be recorded. 17
Examples of ways of recording-- 18
· in shorthand 19
· by recording equipment 20
`(2) The recording may be done-- 21
(a) under an arrangement entered into under section 5A; or 22
(b) by a public service employee in the department. 23
`(3) Also, for a legal proceeding before QCAT, the recording may 24
be done by a member of QCAT or an adjudicator under the 25
QCAT Act. 26
`(4) Subsection (1) applies subject to any direction given by the 27
court in which, or judicial person before whom, the legal 28
proceeding is being taken. 29
Page 35
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 8 Amendment of Recording of Evidence Act 1962
[s 50]
`(5) In this section-- 1
relevant matter, in a legal proceeding, means-- 2
(a) evidence given in the legal proceeding; and 3
(b) a ruling, direction, address, summing-up or other matter 4
in the legal proceeding. 5
`5A Arrangements for recording services 6
`(1) The chief executive may enter into an arrangement with a 7
person to provide either or both of the following services-- 8
(a) the recording of relevant matter in legal proceedings 9
under section 5; 10
(b) the transcription of records under this Act. 11
Note-- 12
Under an arrangement, a recording or transcription may be carried out 13
by the person who entered into the arrangement or someone else (for 14
example, an employee, agent or subcontractor of the person who entered 15
into the arrangement). 16
`(2) A certificate given by the chief executive that, on a stated day, 17
an arrangement was in force under this section with a stated 18
person for the provision of a stated recording service, is 19
evidence of the matter. 20
`5B Availability of copies of records and transcriptions 21
`(1) The chief executive must ensure appropriate arrangements are 22
in place to ensure the availability to any person, by purchase 23
or otherwise, of-- 24
(a) copies of records under this Act; and 25
(b) copies of transcriptions of records under this Act. 26
`(2) Subsection (1) does not apply to the extent that, under this or 27
another Act or under an order of a court or judicial person, a 28
copy of a record or transcription must not be made available to 29
a person. 30
Page 36
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 8 Amendment of Recording of Evidence Act 1962
[s 51]
`(3) The arrangements must include arrangements for providing 1
copies of records or transcriptions on request-- 2
(a) to judicial persons at no cost; and 3
(b) to other persons, at no cost or at a cost that is less than 4
the amount that would otherwise be payable, in 5
accordance with the entitlements prescribed under a 6
regulation. 7
`(4) The chief executive may delegate, to an appropriately 8
qualified officer of the department, a function of the chief 9
executive under this section. 10
Example of a function-- 11
Under a regulation made under subsection (3)(b), the chief executive 12
may have a function of making a decision about whether a person 13
qualifies for an entitlement to a free copy of a transcription. 14
`(5) In this section-- 15
appropriately qualified includes having the qualifications, 16
experience or standing appropriate to exercise the function. 17
function includes a power.'. 18
Clause 51 Omission of ss 6-9 19
Sections 6 to 9-- 20
omit. 21
Clause 52 Amendment of s 10 (Record and transcription to be 22
evidence) 23
Section 10(2)-- 24
omit, insert-- 25
`(2) A document purporting to be a transcription of a record under 26
this Act, produced by a recorder, is to be received by a court 27
or judicial person as evidence of anything recorded in the 28
document, except to the extent the document is shown not to 29
be an accurate transcription of the record.'. 30
Page 37
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 8 Amendment of Recording of Evidence Act 1962
[s 53]
Clause 53 Amendment of s 11 (Depositions of witnesses) 1
(1) Section 11(2), `under this Act certified under section 10(2)'-- 2
omit, insert-- 3
`by a recorder'. 4
(2) Section 11(3), `(certified as aforesaid) made under this Act of 5
such a record'-- 6
omit, insert-- 7
`by a recorder of a record under this Act'. 8
Clause 54 Amendment of s 11A (Retention and destruction of 9
records) 10
(1) Section 11A(2), (3), (5) and (6), `master-tape'-- 11
omit, insert-- 12
`master recording'. 13
(2) Section 11A(4)-- 14
omit, insert-- 15
`(4) A relevant court or judicial person for a legal proceeding may 16
make-- 17
(a) an order that a record under this Act of the proceeding 18
on a master recording be retained for the period, and on 19
the conditions, that the court or judicial person considers 20
appropriate; or 21
(b) if a transcription of a record under this Act of the 22
proceeding has been made, an order authorising the 23
destruction of the record on a master recording (whether 24
or not an order has been made under paragraph (a)).'. 25
(3) Section 11A-- 26
insert-- 27
`(8) In this section-- 28
relevant court or judicial person, for a legal proceeding, 29
means a court in which or judicial person before whom-- 30
Page 38
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 8 Amendment of Recording of Evidence Act 1962
[s 55]
(a) the legal proceeding is being taken; or 1
(b) an application, appeal or other matter relating to the 2
proceeding is being heard or may be heard.'. 3
Clause 55 Amendment of s 11B (Access to out-of-session recording 4
prohibited) 5
Section 11B(2), `the person's functions under this Act'-- 6
omit, insert-- 7
`a recording service'. 8
Clause 56 Amendment of s 12 (Offences) 9
(1) Section 12(1) and (1A)-- 10
omit. 11
(2) Section 12(2), `a shorthand reporter or'-- 12
omit. 13
(3) Section 12(2)(c), `thereof or any certificate under and for the 14
purposes of this Act; or'-- 15
omit, insert-- 16
`of a record under this Act;'. 17
(4) Section 12(2)(d)-- 18
omit. 19
Clause 57 Amendment of s 13 (Regulations) 20
(1) Section 13(2)(a)-- 21
omit. 22
(2) Section 13(2)(e), after `transcriptions'-- 23
insert-- 24
`or copies'. 25
Page 39
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Part 9 Other amendments
[s 58]
Clause 58 Omission of s 15 (Transitional provision for Justice and 1
Other Legislation Amendment Act 2007) 2
Section 15-- 3
omit. 4
Clause 59 Insertion of new s 17 5
After section 16-- 6
insert-- 7
`17 Transitional provision for Classification of Computer 8
Games and Images and Other Legislation Amendment 9
Act 2012 10
`(1) This section applies to an appointment as a shorthand reporter 11
or recorder that was in force under section 6 immediately 12
before the commencement. 13
`(2) The appointment ends on the commencement. 14
`(3) In this section-- 15
commencement means the commencement of this section.'. 16
Part 9 Other amendments 17
Clause 60 Acts amended in sch 1 18
Each provision of an Act listed in schedule 1 is amended by 19
omitting `Neighbourhood Disputes Resolution Act 2011' and 20
inserting `Neighbourhood Disputes (Dividing Fences and 21
Trees) Act 2011'. 22
Clause 61 Acts amended in sch 2 23
Schedule 2 amends the Acts it mentions. 24
Page 40
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Schedule 1
Schedule 1 Provisions amended by section 1
60 2
section 60 3
1 Animal Management (Cats and Dogs) Act 2008 4
· Section 103(1), (2) and (4)(a) 5
2 Body Corporate and Community Management Act 1997 6
· Section 311(1), (3) and examples 7
3 Building Act 1975 8
· Schedule 2, definitions dividing fence, second mention 9
and Neighbourhood Disputes Act 10
4 Building Units and Group Titles Act 1980 11
· Section 123 12
5 Land Protection (Pest and Stock Route Management) Act 13
2002 14
· Section 7 15
6 Queensland Civil and Administrative Tribunal Act 2009 16
· Section 12(4), definition relevant person, paragraph (g) 17
· Section 13(2)(c) 18
· Schedule 3, definition minor civil dispute, item 1(f) 19
7 Stock Act 1915 20
· Section 16(2) 21
Page 41
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Schedule 2
Schedule 2 Acts amended 1
section 61 2
Child Protection (Offender Prohibition Order) Act 2008 3
1 Section 20(1)(f), example, `or shorthand reporter'-- 4
omit. 5
Criminal Code 6
1 Section 671K(1)-- 7
omit, insert-- 8
`(1) The Recording of Evidence Act 1962, section 5 provides for 9
recording the proceedings at a trial of a person on 10
indictment.'. 11
2 Section 671K(6), `or any shorthand reporter or 12
recorder'-- 13
omit, insert-- 14
`, a recorder under the Recording of Evidence Act 1962'. 15
Criminal Organisation Act 2009 16
1 Section 105(1)(b), `reporting officer'-- 17
omit, insert-- 18
`ROE chief executive'. 19
Page 42
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Schedule 2
2 Section 109(2)-- 1
omit, insert-- 2
`(2) On request by the commissioner, the ROE chief executive 3
must give the commissioner an electronic copy of a transcript 4
for a hearing of an application under this Act.'. 5
3 Schedule 2, definition reporting officer-- 6
omit. 7
4 Schedule 2-- 8
insert-- 9
`ROE chief executive means the chief executive of the 10
department in which the Recording of Evidence Act 1962 is 11
administered.'. 12
5 Schedule 2, definition court staff, `court reporter'-- 13
omit, insert-- 14
`recorder under the Recording of Evidence Act 1962'. 15
Criminal Proceeds Confiscation Act 2002 16
1 Section 39D(1), editor's note-- 17
omit. 18
2 Section 39D-- 19
insert-- 20
`(1A) Subsection (1) applies despite the Recording of Evidence Act 21
1962, section 5. 22
Note-- 23
The Recording of Evidence Act 1962, section 5, requires evidence given in 24
a legal proceeding to be recorded under that Act, subject to any direction 25
Page 43
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Schedule 2
given by the court in which, or judicial person before whom, the legal 1
proceeding is being taken.'. 2
3 Section 131D(1), editor's note-- 3
omit. 4
4 Section 131D-- 5
insert-- 6
`(1A) Subsection (1) applies despite the Recording of Evidence Act 7
1962, section 5. 8
Note-- 9
The Recording of Evidence Act 1962, section 5, requires evidence given in 10
a legal proceeding to be recorded under that Act, subject to any direction 11
given by the court in which, or judicial person before whom, the legal 12
proceeding is being taken.'. 13
Dangerous Prisoners (Sexual Offenders) Act 2003 14
1 Section 44(2)(b), `certified'-- 15
omit. 16
2 Section 45(4)(b), `certified'-- 17
omit. 18
3 Schedule, definition certified transcription-- 19
omit. 20
4 Schedule-- 21
insert-- 22
`transcription, of a proceeding, means a transcription of a 23
record under the Recording of Evidence Act 1962 of the 24
proceeding.'. 25
Page 44
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Schedule 2
Justices Act 1886 1
1 Section 111(1) and (2), `and the transcription is certified 2
to as correct in accordance with that Act'-- 3
omit. 4
2 Section 154(1B) to (1D)-- 5
omit. 6
3 Section 154(2), `Save where the application is made'-- 7
omit, insert-- 8
`Except where an application is made under subsection (1A), 9
or a request is made under the Recording of Evidence Act 10
1962 for a transcription of a record under that Act of the 11
proceeding,'. 12
Penalties and Sentences Act 1992 13
1 Section 167(3), `certified'-- 14
omit. 15
2 Section 167-- 16
insert-- 17
`(5) In this section-- 18
transcript, of a proceeding, means a transcription of a record 19
under the Recording of Evidence Act 1962 of the proceeding.'. 20
Page 45
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Schedule 2
Public Officers Superannuation Benefits Recovery Act 1
1988 2
1 Section 24(1)-- 3
omit. 4
Youth Justice Act 1992 5
1 Section 285(1)(f), after `child'-- 6
insert-- 7
`(including a recorder under that Act)'. 8
© State of Queensland 2012
Page 46
AMENDMENTS TO BILL
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
Classification of Computer Games and
Images and Other Legislation Amendment
Bill 2012
Amendments agreed to during Consideration
1 Clause 49 (Amendment of s 4 (Definitions))
Page 34, line 20, after `section 5A'--
insert--
`or 5C'.
2 Clause 49 (Amendment of s 4 (Definitions))
Page 35, after line 6--
insert--
`(6A) Section 4, definition legal proceeding, `inquiry, examination,
or arbitration'--
omit, insert--
`inquiry or examination, but not including an arbitration'.
3 Clause 50 (Replacement of s 5 (Power to direct recording
under this Act))
Page 35, lines 21 to 26--
omit, insert--
`(2) The recording may be done--
(a) for any legal proceeding--
(i) under an arrangement under section 5A; or
(ii) by a public service employee in the department; or
(b) for a legal proceeding before QCAT--by a member of
QCAT or an adjudicator under the QCAT Act; or
Page 1
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012
(c) for an inquiry or examination--under an arrangement
under section 5C.'.
4 Clause 50 (Replacement of s 5 (Power to direct recording
under this Act))
Page 37, after line 18--
insert--
`5C Inquiries and examinations
`(1) This section applies in relation to a legal proceeding that is an
inquiry or examination.
`(2) The court or person before whom the inquiry or examination
is conducted may arrange for either or both of the following to
be carried out--
(a) the recording of relevant matter in the proceeding under
section 5;
(b) the transcription of a record under this Act of the
proceeding.
`(3) An arrangement under subsection (2) may be for a recording
or transcription to be carried out by an officer or employee of
the court or person or by someone else (for example, a person
who also provides services under an arrangement with the
chief executive under section 5A).
`(4) Section 5B does not apply in relation to a record under this
Act of the proceeding (whether or not the record was made or
transcribed under an arrangement under subsection (2)).'.
© State of Queensland 2013
Authorised by the Parliamentary Counsel
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