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CLASSIFICATION OF PUBLICATIONS (BILLBOARD ADVERTISING) AND OTHER LEGISLATION AMENDMENT BILL 2013

           Queensland



Classification of Publications
(Billboard Advertising) and
Other Legislation Amendment
Bill 2013

 


 

 

Queensland Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Classification of Computer Games and Images Act 1995 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 3 Amendment of Classification of Films Act 1991 5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 4 Amendment of Classification of Publications Act 1991 7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Insertion of new pt 2B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 2B Classification of billboard advertisements Division 1 Preliminary 11F Application of pt 2B . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2 Establishment of branch 11G State billboard geographical classification zoning branch 8 11H Manager of branch . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11I Other staff of branch. . . . . . . . . . . . . . . . . . . . . . . . . . 9 11J Powers of manager . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11K Functions of branch . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Contents Division 3 Establishment of panel 11L State billboard geographical classification zoning panel 9 Division 4 Geographical classification category zones 11M Classification zones . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11N General classification zone applies generally. . . . . . . 10 11O Other classification zones . . . . . . . . . . . . . . . . . . . . . 11 11P Parental guidance classification zone . . . . . . . . . . . . 11 11Q Mature and mature accompanied classification zones 11 11R Panel to recommend zones for areas. . . . . . . . . . . . . 11 11S Minister's decision about zones . . . . . . . . . . . . . . . . . 12 11T Classification zone database . . . . . . . . . . . . . . . . . . . 12 Division 5 Classification of billboard advertisements 11U Purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11V Application about proposed billboard advertisement . 13 11W Panel to consider proposed billboard advertisement . 14 11X Chief executive to decide classification . . . . . . . . . . . 14 11Y Decision to be consistent with Commonwealth classification .......................... 14 11Z Offence for advertising in particular zones . . . . . . . . . 15 Division 6 Geographical classification zone levy 11ZA Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11ZB Monthly geographical classification zone levy . . . . . . 16 11ZC Calculating levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11ZD Payment and recovery of levy . . . . . . . . . . . . . . . . . . 17 12 Amendment of pt 3, hdg (Offences) . . . . . . . . . . . . . . . . . . . . . . . 18 13 Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28A Additional power of inspector to remove billboard advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Amendment of s 39 (Protection of officials from liability) . . . . . . . 18 Page 2

 


 

2013 A Bill for An Act to amend the Classification of Computer Games and Images Act 1995, the Classification of Films Act 1991 and the Classification of Publications Act 1991 to regulate advertising on billboards through classification

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 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 Publications 4 (Billboard Advertising) and Other Legislation Amendment Act 5 2013. 6 Clause 2 Commencement 7 This Act commences on a day to be fixed by proclamation. 8 Part 2 Amendment of Classification of 9 Computer Games and Images 10 Act 1995 11 Clause 3 Act amended 12 This part amends the Classification of Computer Games and 13 Images Act 1995. 14 Clause 4 Amendment of sch 2 (Dictionary) 15 (1) Schedule 2-- 16 insert-- 17 billboard see the Classification of Publications 18 and Billboard Advertisements Act 1991, section 19 3. 20 (2) Schedule 2, definition advertisement-- 21 Page 4

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Classification of Films Act 1991 [s 5] insert-- 1 (g) advertising for the computer game on a 2 billboard. 3 Part 3 Amendment of Classification of 4 Films Act 1991 5 Clause 5 Act amended 6 This part amends the Classification of Films Act 1991. 7 Clause 6 Amendment of s 3 (Definitions) 8 (1) Section 3-- 9 insert-- 10 billboard see the Classification of Publications 11 and Billboard Advertisements Act 1991, section 12 3. 13 (2) Section 3, definition advertisement-- 14 insert-- 15 (h) advertising for the film on a billboard. 16 Part 4 Amendment of Classification of 17 Publications Act 1991 18 Clause 7 Act amended 19 This part amends the Classification of Publications Act 1991. 20 Page 5

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 8] Clause 8 Amendment of long title 1 Long title, after `publications,'-- 2 insert-- 3 billboard advertisements, 4 Clause 9 Amendment of s 1 (Short title) 5 Section 1, after `Publications'-- 6 insert-- 7 and Billboard Advertisements 8 Clause 10 Amendment of s 3 (Definitions) 9 (1) Section 3-- 10 insert-- 11 billboard-- 12 (a) means an outdoor structure designed to-- 13 (i) display advertising to the public; and 14 (ii) be viewed from a distance; and 15 (b) includes a structure that-- 16 (i) is moving or may be moved; or 17 (ii) can display digital images. 18 billboard advertisement means any form of 19 advertising displayed on a billboard. 20 billboard owner means a person who-- 21 (a) owns, or has control of advertising 22 displayed on, a billboard; and 23 (b) allows advertising to be displayed on the 24 billboard. 25 branch see section 11G. 26 Page 6

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] classification zone means any 1 of the zones 1 mentioned in section 11M. 2 general classification zone means an area of the 3 State to which a general classification zone 4 applies under section 11N. 5 geographical classification zone levy see section 6 11ZB(1). 7 panel see section 11L(1). 8 parental guidance classification zone means an 9 area of the State established by the Minister as a 10 parental guidance classification zone under part 11 2B, division 4. 12 proposed billboard advertisement see section 13 11V(1). 14 mature accompanied classification zone means 15 an area of the State established by the Minister as 16 a mature accompanied classification zone under 17 part 2B, division 4. 18 mature classification zone means an area of the 19 State established by the Minister as a mature 20 classification zone under part 2B, division 4. 21 (2) Section 3, definition advertisement-- 22 insert-- 23 (g) advertising for the publication on a 24 billboard. 25 (3) Section 3, definition publication-- 26 insert-- 27 (d) a billboard advertisement. 28 Clause 11 Insertion of new pt 2B 29 After part 2A-- 30 insert-- 31 Page 7

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] Part 2B Classification of 1 billboard 2 advertisements 3 Division 1 Preliminary 4 11F Application of pt 2B 5 (1) This part applies-- 6 (a) to a billboard advertisement; and 7 (b) despite any other Act. 8 (2) This part has no effect to the extent it is 9 inconsistent with a law of the Commonwealth. 10 Division 2 Establishment of branch 11 11G State billboard geographical classification 12 zoning branch 13 The State billboard geographical classification zoning 14 branch (the branch) is established. 15 11H Manager of branch 16 (1) The chief executive must appoint a manager for 17 the branch. 18 (2) The manager is to be employed under the Public 19 Service Act 2008 as a senior executive. 20 (3) A person is eligible to be appointed as the 21 manager of the branch if the person has 22 qualifications and experience appropriate to the 23 functions of the branch. 24 Page 8

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] 11I Other staff of branch 1 The chief executive may employ other staff for the 2 branch under the Public Service Act 2008. 3 11J Powers of manager 4 The manager has the powers necessary or convenient 5 to perform-- 6 (a) the manager's functions under this part; and 7 (b) the branch's functions under this part. 8 11K Functions of branch 9 The branch's functions are to-- 10 (a) assist the panel to perform its functions 11 under this part; and 12 (b) collect the geographical classification zone 13 levy; and 14 (c) establish and maintain a database of 15 information about classification zones; and 16 (d) perform any other function given to the 17 branch under this part. 18 Division 3 Establishment of panel 19 11L State billboard geographical classification 20 zoning panel 21 (1) The Minister must establish the State billboard 22 geographical classification zoning panel (the 23 panel) to make recommendations to the Minister 24 and the chief executive under this part. 25 (2) The Minister may call for nominations for 26 appointment to the panel from entities that the 27 Minister considers can appropriately represent 28 Page 9

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] community expectations about billboard 1 advertisements. 2 (3) The panel must consist of-- 3 (a) the chief executive; and 4 (b) at least 4 other members appointed by the 5 Minister. 6 (4) A member of the panel, other than the chief 7 executive, is to be paid the fees and allowances 8 decided by the Governor in Council. 9 Division 4 Geographical 10 classification category 11 zones 12 11M Classification zones 13 The following zones may, under this division, apply 14 to, or be established for, an area of the State for the 15 purposes of regulating billboard advertising for the 16 area-- 17 (a) a general classification zone; 18 (b) a parental guidance classification zone; 19 (c) a mature classification zone; 20 (d) a mature accompanied classification zone. 21 11N General classification zone applies generally 22 The general classification zone applies to every area of 23 the State, other than an area established as another 24 classification zone by the Minister under this division. 25 Page 10

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] 11O Other classification zones 1 The Minister may, under this division, establish an 2 area of the State as 1 of the following classification 3 zones-- 4 (a) a parental guidance classification zone; 5 (b) a mature classification zone; 6 (c) a mature accompanied classification zone. 7 11P Parental guidance classification zone 8 The Minister may only establish an area of the State as 9 a parental guidance classification zone if the whole of 10 the area is at least 15km from facilities frequented by 11 children and families. 12 Examples of facilities frequented by children and 13 families-- 14 schools, bus stops, train stations, hospitals, shopping 15 centres, sporting facilities, religious centres 16 11Q Mature and mature accompanied 17 classification zones 18 The Minister may only establish an area as a mature 19 classification zone or a mature accompanied 20 classification zone if-- 21 (a) the area is not a parental guidance 22 classification zone; and 23 (b) the whole of the area is at least 20km from 24 facilities frequented by children and 25 families. 26 11R Panel to recommend zones for areas 27 (1) The Minister may ask the panel-- 28 (a) to consider whether an area of the State 29 should be established as a classification 30 Page 11

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] zone, other than a general classification 1 zone; and 2 (b) to make a recommendation about a 3 classification zone for an area to the 4 Minister before a particular day. 5 (2) The panel may-- 6 (a) consult with the relevant local government; 7 and 8 (b) consult with any other person it considers 9 appropriate; and 10 (c) give the Minister any recommendation it 11 considers appropriate. 12 11S Minister's decision about zones 13 (1) As soon as practicable after receiving a 14 recommendation from the panel under section 15 11R, the Minister must decide whether to accept 16 the recommendation. 17 (2) If the Minister decides not to accept the panel's 18 recommendation, the Minister must provide a 19 statement of reasons for the decision to the panel. 20 (3) If the Minister decides to establish an area as a 21 classification zone, the Minister must publish a 22 map showing the area and the classification zone 23 of the area on the department's website. 24 (4) A classification zone applies to an area from the 25 day the map of the area is published on the 26 department's website. 27 11T Classification zone database 28 (1) The manager of the branch must establish and 29 maintain a database that includes information 30 about-- 31 Page 12

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] (a) areas the Minister has asked the panel to 1 consider under section 11R(1); and 2 (b) recommendations made by the panel under 3 section 11R(2); and 4 (c) classification zones established by the 5 Minister under section 11S. 6 (2) The manager may keep the database in the form 7 the manager considers appropriate. 8 (3) The chief executive must ensure-- 9 (a) the branch has the information necessary to 10 establish a database under subsection (1); 11 and 12 (b) a copy of the database may be viewed by the 13 public on the department's website. 14 Division 5 Classification of billboard 15 advertisements 16 11U Purpose of div 5 17 (1) The purpose of this division is to ensure the 18 content of billboard advertisements displayed in 19 areas frequented by children and families is 20 appropriate for children and families. 21 (2) The purpose is achieved by classifying 22 advertising before it is displayed on billboards. 23 11V Application about proposed billboard 24 advertisement 25 (1) A person who proposes to display advertising on 26 a billboard (a proposed billboard advertisement) 27 must apply to the chief executive to decide an 28 appropriate classification for the proposed 29 billboard advertisement. 30 Page 13

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] (2) The application must include a copy of the 1 proposed billboard advertisement. 2 11W Panel to consider proposed billboard 3 advertisement 4 (1) As soon as practicable after receiving an 5 application under section 11V, the chief 6 executive must ask the panel to recommend an 7 appropriate classification zone to apply to the 8 proposed billboard advertisement. 9 (2) The panel must make a recommendation to the 10 chief executive within 14 days after receiving the 11 application. 12 11X Chief executive to decide classification 13 (1) The chief executive must decide whether to 14 accept the panel's recommendation under section 15 11W within 14 days after receiving the 16 recommendation. 17 (2) If the chief executive decides not to accept the 18 panel's recommendation, the chief executive 19 must provide a statement of reasons for the 20 decision to the panel. 21 (3) The chief executive must give written notice of 22 the following to the person who made the 23 application under section 11V-- 24 (a) the chief executive's decision about the 25 application; 26 (b) the reasons for the decision. 27 11Y Decision to be consistent with Commonwealth 28 classification 29 (1) This section applies to an application under 30 section 11W if-- 31 Page 14

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] (a) the application relates to a proposed 1 billboard advertisement for a publication, 2 film or computer game; and 3 (b) the publication, film or computer game has 4 been classified under the Commonwealth 5 Act. 6 (2) Despite section 11X, the chief executive must 7 decide the application in a way that is consistent 8 with the classification for the publication under 9 the Commonwealth Act. 10 Example for subsection (2)-- 11 An application is made relating to a proposed billboard 12 advertisement for a film that is classified under the 13 Commonwealth Act as appropriate for a mature 14 audience. The chief executive could decide the 15 advertisement is appropriate for display in a mature 16 classification zone. 17 11Z Offence for advertising in particular zones 18 (1) This section applies to a billboard advertisement 19 that is located in, or moving within, a general 20 classification zone or parental guidance 21 classification zone. 22 (2) A person must not display, or cause the display 23 of, a billboard advertisement in the classification 24 zone if the advertisement-- 25 (a) has been classified under this division as 26 appropriate for a mature classification zone 27 or mature accompanied classification zone; 28 or 29 (b) has not been classified under this division. 30 Maximum penalty--20 penalty units. 31 (3) It is a defence to a prosecution for an offence 32 under subsection (2) for the defendant to prove 33 that the defendant was instructed to display the 34 Page 15

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] billboard advertisement in the classification zone 1 by another person who-- 2 (a) had, or purported to have, authority to 3 display the billboard advertisement in the 4 classification zone; and 5 (b) stated the billboard advertisement complied 6 with this division. 7 Division 6 Geographical 8 classification zone levy 9 11ZA Definitions for div 6 10 In this division-- 11 leviable billboard means a billboard located in, 12 or moving within, a mature classification zone or 13 mature accompanied classification zone. 14 net revenue, for a billboard, means the total 15 amount of revenue received by the billboard 16 owner for advertising displayed on the billboard 17 less the tax amount for the billboard. 18 tax amount, for a billboard, means the amount of 19 tax paid or payable by the billboard owner in 20 relation to the billboard, including a tax under the 21 A New Tax System (Goods and Services Tax) Act 22 1999 (Cwlth). 23 11ZB Monthly geographical classification zone 24 levy 25 (1) A billboard owner is liable to pay the State a levy 26 (the geographical classification zone levy) for a 27 month if, during the month, the billboard owner 28 had at least 1 leviable billboard. 29 Page 16

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 11] (2) The amount of the geographical classification 1 zone levy for a month is 10% of the net revenue 2 received for each leviable billboard in the month. 3 11ZC Calculating levy 4 (1) On the first day of a month (the accounting 5 month), a billboard owner must give the manager 6 of the branch the following information for the 7 previous month-- 8 (a) the number of leviable billboards the 9 billboard owner had during the previous 10 month; 11 (b) the net revenue received for the leviable 12 billboards in the previous month. 13 (2) Before the last day of the accounting month, the 14 manager of the branch must give written notice to 15 the billboard owner of-- 16 (a) the amount of the geographical 17 classification zone levy payable by the 18 owner for the previous month; and 19 (b) the day by which the amount must be paid. 20 11ZD Payment and recovery of levy 21 (1) The amount payable, for a month, by the 22 billboard owner under section 11ZC(2)(a) must 23 be paid to the branch. 24 (2) All amounts received by the branch must be paid 25 into the consolidated fund. 26 (3) Any amounts payable under section 11ZC(2)(a) 27 that remain unpaid after the payment date may be 28 recovered as a debt payable by the billboard 29 owner to the State. 30 (3) In this section-- 31 Page 17

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 12] payment date means the day notified to the 1 billboard owner under section 11ZC(2)(b). 2 Clause 12 Amendment of pt 3, hdg (Offences) 3 Part 3, heading, after `Offences'-- 4 insert-- 5 for publications and photographs 6 Clause 13 Insertion of new s 28A 7 Part 4-- 8 insert-- 9 28A Additional power of inspector to remove 10 billboard advertisements 11 (1) This section applies if-- 12 (a) a complaint is made to the chief executive 13 about a billboard advertisement; and 14 (b) the chief executive reasonably believes that 15 the advertisement does not comply with 16 section 11Z. 17 (2) The chief executive may direct an inspector to 18 remove the billboard advertisement from any 19 place that the inspector may lawfully enter or 20 board. 21 Clause 14 Amendment of s 39 (Protection of officials from liability) 22 Section 39(2), definition official, paragraph (d)-- 23 omit, insert-- 24 (d) a person employed in the branch; or 25 (e) a member of the panel; or 26 Page 18

 


 

Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Classification of Publications Act 1991 [s 14] (f) a public service employee assisting a person 1 mentioned in paragraph (a), (c), (d) or (e) 2 above. 3 Authorised by the Parliamentary Counsel Page 19

 


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