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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Classification (Publications, Films and Computer Games)
(R 18+ Computer Games) Amendment Bill 2012
A BILL FOR
An Act to amend the Classification
(Publications, Films and Computer Games) Act 1995.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Classification
(Publications, Films and Computer Games) Act 1995
4Amendment of section 15—Types of
classifications
5Amendment of section 40A—Keeping
R 18+ films with other films
6Amendment of section
56—Demonstration etc of RC computer games
7Repeal of section
57
8Amendment of section 58—Demonstration etc
of unclassified, R 18+ and MA 15+ computer games
9Amendment of section 59—Private
demonstration of RC and R 18+ computer games in presence of
minor
10Insertion of section
60A
60AKeeping R 18+ computer
games with other computer games
11Amendment of section
62—Sale or delivery of certain computer games to minors
12Amendment of section 63—Power to demand
particulars and expel minors
13Amendment of section 64—Leaving
computer games in certain places
14Amendment of section 69A—Liability
of occupier for R 18+ advertisements in video stores etc
15Amendment of section 71—Advertisements
with computer games
16Amendment of section 80—Powers of entry,
seizure and forfeiture
17Amendment of section
91—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Classification (Publications, Films and
Computer Games) (R 18+ Computer Games) Amendment
Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Classification (Publications, Films and
Computer Games) Act 1995
4—Amendment
of section 15—Types of classifications
Section 15(3)—after paragraph (d) insert:
(da) R 18+ Restricted
5—Amendment
of section 40A—Keeping R 18+ films with other
films
Section 40A(3)—after paragraph (b) insert:
or
(c) complied with a code of practice prescribed by the regulations for the
purposes of this section.
6—Amendment
of section 56—Demonstration etc of RC computer games
Section 56(1)(b)—after "public place" insert:
or so that it can be seen from a public place
Section 57—delete the section
8—Amendment
of section 58—Demonstration etc of unclassified, R 18+ and
MA 15+ computer games
Section 58(1)—delete subsection (1) and
substitute:
(1) A person must not demonstrate a computer game classified R 18+ in
a public place unless—
(a) the determined markings are exhibited before the game can be played;
and
(b) entry to the place is restricted to adults.
Maximum penalty: $5 000.
(1a) A person must
not demonstrate so that it can be seen from a public place that is outside the
place where it is demonstrated—
(a) an unclassified computer game that would, if classified, be classified
R 18+; or
(b) a computer game classified R 18+.
Maximum penalty: $5 000.
(1b) A minor who is 15 or older must not buy a computer game
classified R 18+, knowing that it is so classified.
Maximum penalty: $750.
(1c) A person must not demonstrate a computer game classified MA 15+
in a public place unless—
(a) the determined markings are exhibited before the game can be played;
and
(b) entry to the place is restricted to adults or minors who are in the
care of a parent or guardian while in the public place.
Maximum penalty: $1 250.
9—Amendment
of section 59—Private demonstration of RC and R 18+ computer games in
presence of minor
Section 59(2)—delete subsection (2) and substitute:
(2) A person must not
demonstrate in a place, other than a public place, in the presence of a minor, a
computer game classified R 18+ unless the person is a parent or guardian of
the minor.
Maximum penalty: $5 000.
(3) It is a defence to a prosecution for an offence against subsection (1)
or
(2) to prove that the
defendant believed on reasonable grounds that the minor was an adult.
After section 60 insert:
60A—Keeping R 18+ computer games with other
computer games
(1) An occupier of
premises (other than adult-only premises) at which computer games with a
classification lower than R 18+ are sold must not display material for a
computer game classified R 18+ at the premises—
(i) the material is
displayed in a different area (including, for example, in a different aisle or
on a different shelving case, stand or table) from that in which material for
other computer games is displayed; and
(ii) the area is marked as an area displaying material for computer games
classified R 18+ by a notice complying with
subsection (2)
displayed in a prominent place near the area; and
(iii) the surface area of the material that is on display (for example,
the cover of a casing containing the game, where that is on display) is not more
than 300 cm²; or
(b) unless, at all times while on display, the material bears no images or
markings other than—
(i) the name of the computer game in letters of 10 millimetres or
less in height; and
(ii) the determined markings relevant to its classification.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) A notice
required to be displayed under
subsection (1)(a)
must contain the following statement (printed in legible type of at least
15 millimetres in height and of a colour that contrasts with the background
colour of the notice):
R 18+ COMPUTER GAMES AREA—THE PUBLIC ARE WARNED THAT MATERIAL
DISPLAYED IN THIS AREA MAY CAUSE OFFENCE.
(3) It is a defence to a prosecution for an offence against
subsection (1)
to prove that the defendant—
(a) did not know, and could not reasonably have known, that the material
was on the premises; or
(b) took all reasonable steps to prevent the commission of the offence;
or
(c) complied with a code of practice prescribed by the regulations for the
purposes of this section.
(4) In this section—
material for a computer game means—
(a) a disc or other device on which the computer game is stored or
recorded; or
(b) a container, wrapping, casing or other item that bears images or
markings representing the computer game.
(5) Nothing in this section permits the exhibition of a computer game or
part of a computer game classified R 18+ at premises to which this section
applies.
11—Amendment
of section 62—Sale or delivery of certain computer games to
minors
Section 62—after subsection (1) insert:
(1a) A person must
not sell or deliver to a minor a computer game classified R 18+ unless the
person is a parent or guardian of the minor.
Maximum penalty: $5 000.
(1b) It is a defence to a prosecution for an offence against
subsection (1a)
to prove that—
(a) the minor produced to the defendant or the defendant's employee or
agent 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) the minor was employed by the defendant or the defendant's employer
and the delivery took place in the course of that employment.
12—Amendment
of section 63—Power to demand particulars and expel
minors
Section 63(4)—after "classified" insert:
R 18+ or
13—Amendment
of section 64—Leaving computer games in certain
places
Section 64(2)—delete "MA 15+" wherever occurring and
substitute in each case:
R 18+ or MA 15+
14—Amendment
of section 69A—Liability of occupier for R 18+ advertisements in
video stores etc
(1) Section 69A(1)—after "films" insert:
or computer games
(2) Section 69A(1)(a) and (b)—after "film" wherever
occurring insert:
or computer game
(3) Section 69A(2)—delete subsection (2) and
substitute:
(2) It is a defence to a prosecution for an offence against
subsection (1) to prove that—
(a) the defendant took all reasonable steps to prevent the commission of
the offence; or
(b) the defendant complied with a code of practice prescribed by the
regulations for the purposes of this section.
(4) Section 69A(3)—delete subsection (3) and
substitute:
(3) This section does not apply to—
(a) material for a film, within the meaning of section 40A, that is
lawfully displayed in accordance with that section; or
(b) material for a computer game, within the meaning of section 60A ,
that is lawfully displayed in accordance with that section.
15—Amendment
of section 71—Advertisements with computer games
Section 71(1), table—delete the table and substitute:
Table
Item |
Column 1 |
Column 2 |
---|---|---|
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 |
16—Amendment
of section 80—Powers of entry, seizure and forfeiture
Section 80(7)—delete "58(1), 59" and substitute:
59, 60A
17—Amendment
of section 91—Regulations
Section 91—after subsection (2) insert:
(3) The regulations may refer to or incorporate, wholly or partially and
with or without modification, a code, standard or other document prepared or
published by a prescribed body, either as in force at the time the regulations
are made or as in force from time to time.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.