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This is a Bill, not an Act. For current law, see the Acts databases.


CHILD EXPLOITATION MATERIAL AND CLASSIFICATION LEGISLATION AMENDMENT BILL 2009

                       Western Australia


Child Exploitation Material and Classification
      Legislation Amendment Bill 2009

                          CONTENTS


        Part 1 -- Preliminary
  1.    Short title                                                 2
  2.    Commencement                                                2
        Part 2 -- Child exploitation material
             offences
        Division 1 -- The Criminal Code amended
  3.    Act amended                                                 3
  4.    Part IV Chapter XXIV inserted                               3
        Chapter XXIV -- Child exploitation material
        216.     Terms used                                    3
        217.     Involving child in child exploitation         4
        218.     Production of child exploitation material     4
        219.     Distribution of child exploitation material   4
        220.     Possession of child exploitation material     5
        221A.    Defences and exclusions for section 217,
                 218, 219 or 220                               5
        221B.    Forfeiture                                    7
  5.    Section 557K amended                                        7
        Division 2 -- Classification (Publications, Films
               and Computer Games) Enforcement
               Act 1996 amended
  6.    Act amended                                                 8
  7.    Section 3 amended                                           8
  8.    Part 7 Division 1 heading amended                           8
  9.    Section 60 deleted                                          8




                             043--1                                 page i
Child Exploitation Material and Classification Legislation Amendment
Bill 2009



Contents


      10.     Section 99 amended                                         8
      11.     Section 116 amended                                        8
      12.     Section 117 amended                                        9
              Division 3 -- Consequential amendments
      13.     Community Protection (Offender Reporting)
              Act 2004 amended                                           9
      14.     Prostitution Act 2000 amended                             10
      15.     Working with Children (Criminal Record
              Checking) Act 2004 amended                                10
              Part 3 -- Amendments consequential
                   to the Classification
                   (Publications, Films and
                   Computer Games) Amendment
                   Act 2007 (Commonwealth)
      16.     Act amended                                               12
      17.     Section 3 amended                                         12
      18.     Section 7 inserted                                        12
              7.       Films consisting only of classified films   12
      19.     Section 66 amended                                        13
      20.     Section 74 amended                                        13
      21.     Section 96 amended                                        14
      22.     Section 102F amended                                      14
      23.     Section 106 amended                                       14
      24.     Section 108 amended                                       15
      25.     Section 130 amended                                       16
      26.     Section 141 amended                                       17
              Part 4 -- Amendments in relation to
                   advertising
      27.     Act amended                                               18
      28.     Section 3 amended                                         18
      29.     Section 90 amended                                        18
      30.     Section 91 amended                                        19
      31.     Section 92 amended                                        19
      32.     Section 94 amended                                        21
      33.     Section 95 amended                                        22




page ii
Child Exploitation Material and Classification Legislation Amendment
                                                             Bill 2009



                                                               Contents


34.      Section 102D amended                                    24
35.      Section 152A inserted                                   24
         152A.    Advertisements for unclassified films   24




                                                                page iii
                           Western Australia


                      LEGISLATIVE COUNCIL



 Child Exploitation Material and Classification
       Legislation Amendment Bill 2009


                               A Bill for


An Act to amend The Criminal Code in relation to child exploitation
material offences, to make consequential and other amendments to
the Classification (Publications, Films and Computer Games)
Enforcement Act 1996 and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 1           Preliminary

     s. 1


 1                          Part 1 -- Preliminary
 2   1.       Short title
 3            This is the Child Exploitation Material and Classification
 4            Legislation Amendment Act 2009.

 5   2.       Commencement
 6            This Act comes into operation as follows --
 7             (a) sections 1 and 2 -- on the day on which this Act
 8                   receives the Royal Assent;
 9             (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




     page 2
          Child Exploitation Material and Classification Legislation Amendment
                                                                       Bill 2009
                              Child exploitation material offences        Part 2
                                     The Criminal Code amended        Division 1
                                                                             s. 3


 1         Part 2 -- Child exploitation material offences
 2               Division 1 -- The Criminal Code amended
 3   3.       Act amended
 4            This Division amends The Criminal Code.

 5   4.       Part IV Chapter XXIV inserted
 6            At the end of Part IV insert:
 7


 8           Chapter XXIV -- Child exploitation material
 9        216.      Terms used
10                  In this Chapter --
11                  child means a person under 16 years of age;
12                  child exploitation material means material that, in a
13                  way likely to offend a reasonable person, describes,
14                  depicts or represents a person, or part of a person, who
15                  is, or appears to be, a child --
16                    (a) engaging in sexual activity; or
17                    (b) in a sexual, offensive or demeaning context; or
18                    (c) being subjected to abuse, cruelty or torture
19                           (whether or not in a sexual context);
20                  material includes --
21                    (a) any object, picture, film, written or printed
22                           matter, data or other thing; and
23                    (b) any thing from which text, pictures, sound or
24                           data can be produced or reproduced, with or
25                           without the aid of anything else;
26                  picture has the meaning given in section 204B.




                                                                          page 3
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 2           Child exploitation material offences
     Division 1       The Criminal Code amended
     s. 4


 1        217.      Involving child in child exploitation
 2            (1)   For the purposes of this section, a person involves a
 3                  child in child exploitation if the person --
 4                    (a) invites a child to be in any way concerned in
 5                          the production of child exploitation material; or
 6                    (b) causes a child to be in any way concerned in
 7                          the production of child exploitation material; or
 8                    (c) procures a child for the purpose of the
 9                          production of child exploitation material; or
10                    (d) offers a child for the purpose of the production
11                          of child exploitation material.
12            (2)   A person who involves a child in child exploitation is
13                  guilty of a crime and is liable to imprisonment for
14                  10 years.

15        218.      Production of child exploitation material
16                  A person who produces child exploitation material is
17                  guilty of a crime and is liable to imprisonment for
18                  10 years.

19        219.      Distribution of child exploitation material
20            (1)   In this section --
21                  distribute child exploitation material, includes --
22                    (a) communicate, exhibit, sell, send, supply, offer
23                           or transmit child exploitation material to
24                           another person, or enter into an agreement or
25                           arrangement to do so; or
26                    (b) make child exploitation material available for
27                           access by electronic or other means by another
28                           person, or enter into an agreement or
29                           arrangement to do so.




     page 4
     Child Exploitation Material and Classification Legislation Amendment
                                                                  Bill 2009
                         Child exploitation material offences        Part 2
                                The Criminal Code amended        Division 1
                                                                        s. 4


 1       (2)   A person who distributes child exploitation material is
 2             guilty of a crime and is liable to imprisonment for
 3             10 years.
 4       (3)   A person who has possession of child exploitation
 5             material with the intention of distributing the material
 6             is guilty of a crime and is liable to imprisonment for
 7             10 years.

 8   220.      Possession of child exploitation material
 9             A person who has possession of child exploitation
10             material is guilty of a crime and is liable to
11             imprisonment for 7 years.

12   221A.     Defences and exclusions for section 217, 218, 219
13             or 220
14       (1)   It is a defence to a charge of an offence under
15             section 217, 218, 219 or 220 to prove that --
16                (a) the material to which the charge relates was
17                      classified (whether before or after the
18                      commission of the alleged offence) under the
19                      Classification (Publications, Films and
20                      Computer Games) Act 1995 (Commonwealth),
21                      other than as refused classification (RC); or
22               (b) the accused person did not know, and could not
23                      reasonably be expected to have known, that the
24                      material to which the charge relates describes,
25                      depicts or represents a person or part of a
26                      person in a way likely to offend a reasonable
27                      person; or
28                (c) the material to which the charge relates was --
29                         (i) of recognised literary, artistic or
30                              scientific merit; or
31                        (ii) of a genuine medical character,
32                      and that the act to which the charge relates is
33                      justified as being for the public good; or

                                                                     page 5
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 2           Child exploitation material offences
     Division 1       The Criminal Code amended
     s. 4


 1                   (d)   the accused person was acting for a genuine
 2                         child protection or legal purpose, and that the
 3                         person's conduct was reasonable for that
 4                         purpose.
 5            (2)   It is a defence to a charge of an offence under
 6                  section 220 to prove that --
 7                     (a) the material to which the charge relates came
 8                           into the accused person's possession
 9                           unsolicited; and
10                    (b) as soon as the accused person became aware of
11                           the nature of the material the accused person
12                           took reasonable steps to get rid of it.
13            (3)   Nothing in section 219 or 220 makes it an offence --
14                   (a) for a member or officer of a law enforcement
15                         agency to possess or distribute child
16                         exploitation material when acting in the course
17                         of his or her official duties; or
18                   (b) for a person to possess or distribute child
19                         exploitation material in the exercise of a
20                         function relating to the classification of such
21                         material conferred or imposed on the person
22                         under the Classification (Publications, Films
23                         and Computer Games) Act 1995
24                         (Commonwealth).
25            (4)   In subsection (3)(a) --
26                  law enforcement agency means --
27                    (a) the Police Force of the State; or
28                    (b) the Police Service of the State; or
29                    (c) the Office of the Director of Public
30                         Prosecutions of the State; or
31                    (d) the Corruption and Crime Commission; or



     page 6
          Child Exploitation Material and Classification Legislation Amendment
                                                                       Bill 2009
                              Child exploitation material offences        Part 2
                                     The Criminal Code amended        Division 1
                                                                             s. 5


 1                     (e)   any entity of another State or a Territory, the
 2                           Commonwealth or another country that has
 3                           functions similar to functions of an entity
 4                           referred to in paragraph (a), (b), (c) or (d).

 5        221B.       Forfeiture
 6            (1)     If a person is charged with an offence against
 7                    section 217, 218, 219 or 220, the court may order the
 8                    material to which the charge relates be forfeited to the
 9                    State.
10            (2)     The court may make an order under subsection (1)
11                    whether or not the person is convicted of the offence.
12            (3)     This section does not limit the court's powers under
13                    section 731 or under the Criminal Property
14                    Confiscation Act 2000.
15


16   5.       Section 557K amended
17            In section 557K(1) in the definition of child sex offender:
18              (a) after paragraph (a)(i) insert:
19

20                            (iia)   Chapter XXIV -- Child exploitation
21                                    material;
22

23             (b)     in paragraph (e) after "offence under" insert:
24

25                     the deleted
26

27              (c)    in paragraph (f)(ii) delete "child pornography;" and
28                     insert --
29

30                     child exploitation material (as defined in section 216);
31




                                                                             page 7
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 2           Child exploitation material offences
     Division 2       Classification (Publications, Films and Computer Games)
                      Enforcement Act 1996 amended
     s. 6

 1              (d)   after each of paragraphs (a) to (i) insert:
 2

 3                    or
 4


 5    Division 2 -- Classification (Publications, Films and Computer
 6               Games) Enforcement Act 1996 amended
 7   6.       Act amended
 8            This Division amends the Classification (Publications, Films
 9            and Computer Games) Enforcement Act 1996.

10   7.       Section 3 amended
11            In section 3 delete the definition of child pornography.

12   8.       Part 7 Division 1 heading amended
13            In the heading to Part 7 Division 1 delete "articles, child
14            pornography" and insert:
15

16            articles
17


18   9.       Section 60 deleted
19            Delete section 60.

20   10.      Section 99 amended
21            In section 99 in the definition of objectionable material delete
22            paragraph (b).

23   11.      Section 116 amended
24            Delete section 116(2).




     page 8
            Child Exploitation Material and Classification Legislation Amendment
                                                                         Bill 2009
                                Child exploitation material offences        Part 2
                                        Consequential amendments        Division 3
                                                                              s. 12


 1   12.         Section 117 amended
 2         (1)   In section 117(2a):
 3                 (a) in paragraph (a) delete "18+;" and insert:
 4

 5                        18+; or
 6

 7                  (b)   in paragraph (b) delete "RC; or" and insert:
 8

 9                        RC,
10

11                  (c)   delete paragraph (c).
12         (2)   In section 117(3) delete "(2a)(a), (b) or (c)" and insert:
13

14               (2a)(a) or (b)
15


16                    Division 3 -- Consequential amendments
17   13.         Community Protection (Offender Reporting) Act 2004
18               amended
19         (1)   This section amends the Community Protection (Offender
20               Reporting) Act 2004.
21         (2)   In Schedule 2:
22                 (a) after the item relating to The Criminal Code s. 204B(3)
23                      insert:
24

           s. 217                     Involving child in child exploitation
           s. 218                     Production of child exploitation material
           s. 219                     Distribution of child exploitation material
           s. 220                     Possession of child exploitation material
25



                                                                                  page 9
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 2           Child exploitation material offences
     Division 3       Consequential amendments
     s. 14


 1                (b)   under the heading relating to the Classification
 2                      (Publications, Films and Computer Games) Enforcement
 3                      Act 1996 delete "s. 60" and insert:
 4

 5                      the deleted s. 60
 6


 7   14.         Prostitution Act 2000 amended
 8         (1)   This section amends the Prostitution Act 2000.
 9         (2)   In Schedule 1:
10                 (a) under the heading relating to the Classification
11                      (Publications, Films and Computer Games) Enforcement
12                      Act 1996 delete "s. 60" and insert:
13

14                      the deleted s. 60
15

16                (b)   after the item relating to The Criminal Code s. 204A
17                      insert:
18
19                       s. 217
20                       s. 218
21                       s. 219
22                       s. 220
23


24   15.         Working with Children (Criminal Record Checking) Act 2004
25               amended
26         (1)   This section amends the Working with Children (Criminal
27               Record Checking) Act 2004.
28         (2)   In Schedule 2:
29                 (a) after the item relating to The Criminal Code s. 204B insert:
30

       s. 217                         Involving child in child exploitation
       s. 218                         Production of child exploitation material

     page 10
      Child Exploitation Material and Classification Legislation Amendment
                                                                   Bill 2009
                          Child exploitation material offences        Part 2
                                  Consequential amendments        Division 3
                                                                        s. 15


    s. 219                       Distribution of child exploitation material
    s. 220                       Possession of child exploitation material
1

2            (b)   under the heading relating to the Classification
3                  (Publications, Films and Computer Games) Enforcement
4                  Act 1996 delete "s. 60" and insert:
5

6                  the deleted s. 60
7




                                                                          page 11
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 3           Amendments consequential to the Classification (Publications,
                      Films and Computer Games) Amendment Act 2007
                      (Commonwealth)

     s. 16


 1             Part 3 -- Amendments consequential to the
 2           Classification (Publications, Films and Computer
 3           Games) Amendment Act 2007 (Commonwealth)
 4   16.          Act amended
 5                This Part amends the Classification (Publications, Films and
 6                Computer Games) Enforcement Act 1996.
 7   17.          Section 3 amended
 8                In section 3:
 9                  (a) delete the definition of approved form and insert:
10
11                       approved form means a form approved under
12                       section 8A of the Commonwealth Act;
13

14                 (b)    insert in alphabetical order:
15
16                       Convenor means the Convenor of the Review Board
17                       appointed under section 74 of the Commonwealth Act;
18

19   18.          Section 7 inserted
20                At the end of Part 1 insert:
21

22           7.          Films consisting only of classified films
23                       Despite any other provision of this Act, a film --
24                        (a) that is contained on one device; and
25                        (b) that consists only of 2 or more classified films,
26                       is to be treated, for the purposes of this Act, as if each
27                       of the classified films were on a separate device.
28




     page 12
        Child Exploitation Material and Classification Legislation Amendment
                                                                     Bill 2009
     Amendments consequential to the Classification (Publications,      Part 3
             Films and Computer Games) Amendment Act 2007
                                                (Commonwealth)

                                                                                s. 19

 1   19.         Section 66 amended
 2         (1)   In section 66 delete "A person" and insert:
 3

 4               (1)   A person
 5

 6         (2)   At the end of section 66 insert:
 7

 8               (2)   Subsection (1) is not contravened by reason only of the
 9                     exhibition of a classified film --
10                       (a) under a title different from that under which it
11                             is classified if it is contained on one device that
12                             consists only of 2 or more classified films; or
13                       (b) with a modification referred to in section 21(2)
14                             of the Commonwealth Act.
15


16   20.         Section 74 amended
17         (1)   In section 74 delete "A person" and insert:
18

19               (1)   A person
20

21         (2)   At the end of section 74 insert:
22

23               (2)   Subsection (1) is not contravened by reason only of the
24                     sale of a classified film --
25                       (a) under a title different from that under which it
26                             is classified if it is contained on one device that
27                             consists only of 2 or more classified films; or




                                                                             page 13
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 3           Amendments consequential to the Classification (Publications,
                      Films and Computer Games) Amendment Act 2007
                      (Commonwealth)

     s. 21

 1                       (b)    with a modification referred to in section 21(2)
 2                              of the Commonwealth Act.
 3


 4   21.          Section 96 amended
 5                In section 96(2) in the definition of illegal advertisement
 6                paragraph (b)(i) delete "by the Director".

 7   22.          Section 102F amended
 8                In section 102F(1) delete "Director" and insert:
 9

10                Convenor
11


12   23.          Section 106 amended
13         (1)    In section 106(2) delete "may be made by an approved
14                organization and" and insert:
15

16                      by an organization approved under section 108 for an
17                      exemption under subsection (1)
18

19         (2)    After section 106(2) insert:
20

21               (3A)   The Minister or the Director may, on application under
22                      subsection (3B), direct in writing that Part 7 does not
23                      apply, or any provisions of that Part do not apply, to an
24                      organization approved under section 108 in relation to
25                      all or any of its activities or functions that relate to
26                      films or computer games.




     page 14
        Child Exploitation Material and Classification Legislation Amendment
                                                                     Bill 2009
     Amendments consequential to the Classification (Publications,      Part 3
             Films and Computer Games) Amendment Act 2007
                                                (Commonwealth)

                                                                                  s. 24

 1               (3B)     An application by an organization approved under
 2                        section 108 for an exemption under subsection (3A)
 3                        must --
 4                          (a) be in writing; and
 5                          (b) specify the extent of the exemption sought; and
 6                          (c) be accompanied by the prescribed fee.
 7


 8   24.          Section 108 amended
 9         (1)    In section 108(1) delete "this Part." and insert:
10

11                section 106(1) or (3A).
12

13         (2)    In section 108(2):
14                  (a) delete "organization," and insert:
15

16                         organization for the purposes of section 106(1),
17

18                  (b)    in paragraph (b) after "scientific," insert:
19

20                         educational
21

22         (3)    After section 108(2) insert:
23

24               (3A)     In considering whether to approve an organization for
25                        the purposes of section 106(3A), the Minister or
26                        Director must have regard to the following --
27                          (a) the purpose for which the organization was
28                                formed;



                                                                              page 15
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 3           Amendments consequential to the Classification (Publications,
                      Films and Computer Games) Amendment Act 2007
                      (Commonwealth)

     s. 25

 1                      (b)    the extent to which the organization carries on
 2                             activities of an educational, cultural or artistic
 3                             nature;
 4                       (c)   the reputation of the organization in relation
 5                             to --
 6                                (i) the screening of films by the
 7                                     organization; or
 8                               (ii) the demonstration of computer games
 9                                     by the organization,
10                             as the case may be;
11                      (d)    the conditions as to admission of persons to --
12                                (i) the screening of films by the
13                                     organization; or
14                               (ii) the demonstration of computer games
15                                     by the organization,
16                             as the case may be.
17

18         (4)   In section 108(4) delete "subsection (2)," and insert:
19

20               subsection (2) or (3A),
21


22   25.         Section 130 amended
23               In section 130(3) delete "the approved form" and insert:
24

25               a form approved by the Minister
26




     page 16
       Child Exploitation Material and Classification Legislation Amendment
                                                                    Bill 2009
    Amendments consequential to the Classification (Publications,      Part 3
            Films and Computer Games) Amendment Act 2007
                                               (Commonwealth)

                                                                        s. 26

1   26.     Section 141 amended
2           In section 141 delete "Director or Deputy Director" and insert:
3

4           Director, Deputy Director or Convenor
5




                                                                     page 17
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 4           Amendments in relation to advertising

     s. 27


 1           Part 4 -- Amendments in relation to advertising
 2   27.         Act amended
 3               This Part amends the Classification (Publications, Films and
 4               Computer Games) Enforcement Act 1996.

 5   28.         Section 3 amended
 6               In section 3 insert in alphabetical order:
 7

 8                      advertising scheme means the scheme determined
 9                      from time to time under section 31(1) of the
10                      Commonwealth Act;
11


12   29.         Section 90 amended
13         (1)   In section 90(2) in the definition of unapproved advertisement:
14                 (a) in paragraph (c) delete "that Act; or" and insert:
15

16                       that Act.
17

18                (b)    delete paragraph (d);
19                (c)    after each of paragraphs (a) and (b) insert:
20

21                       or
22

23         (2)   After section 90(2) insert:
24

25               (3)    If an advertisement for a film, publication or computer
26                      game is approved under section 29 of the
27                      Commonwealth Act, a person must not publish the
28                      advertisement --
29                        (a) in an altered form to the form in which it is
30                              approved; or

     page 18
            Child Exploitation Material and Classification Legislation Amendment
                                                                         Bill 2009
                              Amendments in relation to advertising         Part 4

                                                                                  s. 30


 1                         (b)   if it is approved subject to conditions, except in
 2                               accordance with those conditions.
 3                        Penalty: a fine of $5 000.
 4


 5   30.          Section 91 amended
 6         (1)    In section 91(1):
 7                  (a) delete paragraph (a);
 8                  (b) delete paragraph (c);
 9                  (c) after each of paragraphs (b) and (d) insert:
10

11                         or
12

13         (2)    After section 91(1) insert:
14

15               (2A)     A person must not publish an advertisement for an
16                        unclassified film or an unclassified computer game
17                        otherwise than in accordance with the advertising
18                        scheme.
19                        Penalty: a fine of $5 000.
20


21   31.          Section 92 amended
22         (1)    In section 92:
23                  (a) delete "A person" and insert:
24
25                (1)     A person
26

27                  (b)    after "advertisement for a" insert:
28

29                         classified
30




                                                                               page 19
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 4           Amendments in relation to advertising

     s. 31


 1               (c)    after "of another" insert:
 2

 3                      classified
 4

 5      (2)    At the end of section 92 insert:
 6

 7             (2)     A person must not exhibit in a public place an
 8                     advertisement for a classified computer game during a
 9                     programme for the exhibition of a classified film unless
10                     the film has a classification specified in column 1 of an
11                     item in the Table and the advertised computer game
12                     has a classification specified opposite it in column 2 of
13                     that item.
14                                            Table

                         Item     Column 1        Column 2
                                  Film            Advertised computer game

                           1      G               G

                           2      PG              PG or G

                           3      M               M, PG or G

                           4      MA 15+          MA 15+, M, PG or G

                           5      R 18+           MA 15+, M, PG or G

15                     Penalty: $2 000

16             (3)     A person must not exhibit in a public place an
17                     advertisement for an unclassified film or an
18                     unclassified computer game during a programme for
19                     the exhibition of a classified film unless the exhibition



     page 20
            Child Exploitation Material and Classification Legislation Amendment
                                                                         Bill 2009
                              Amendments in relation to advertising         Part 4

                                                                               s. 32


 1                       of that advertisement with the classified film complies
 2                       with the advertising scheme.
 3                       Penalty: $5 000.
 4


 5   32.         Section 94 amended
 6         (1)   In section 94:
 7                 (a) delete "A person" and insert:
 8
 9               (1)     A person
10

11                (b)     after "must not sell a" insert:
12

13                        classified
14

15                 (c)    after "for another" insert:
16

17                        classified
18

19         (2)   At the end of section 94 insert:
20

21               (2)     A person must not sell a classified film that is
22                       accompanied by an advertisement for a classified
23                       computer game unless the film has a classification
24                       specified in column 1 of an item in the Table and the
25                       advertised computer game has a classification specified
26                       opposite it in column 2 of that item.




                                                                            page 21
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 4           Amendments in relation to advertising

     s. 33


 1                                             Table
                          Item     Column 1       Column 2
                                   Film           Advertised computer game

                            1      G              G

                            2      PG             PG or G

                            3      M              M, PG or G

                            4      MA 15+         MA 15+, M, PG or G

                            5      R 18+          MA 15+, M, PG or G
 2                      Penalty: $2 000
 3               (3)    A person must not sell a classified film that is
 4                      accompanied by an advertisement for an unclassified
 5                      film or an unclassified computer game unless the sale
 6                      of the classified film with that advertisement complies
 7                      with the advertising scheme.
 8                      Penalty: $5 000.
 9


10   33.         Section 95 amended
11         (1)   In section 95:
12                 (a) delete "A person" and insert:
13

14               (1)    A person
15

16                (b)    after "must not sell a" insert:
17

18                       classified
19




     page 22
      Child Exploitation Material and Classification Legislation Amendment
                                                                   Bill 2009
                        Amendments in relation to advertising         Part 4

                                                                           s. 33


 1           (c)    after "for another" insert:
 2

 3                  classified
 4

 5   (2)   At the end of section 95 insert:
 6

 7         (2)     A person must not sell a classified computer game that
 8                 is accompanied by an advertisement for a classified
 9                 film unless the computer game has a classification
10                 specified in column 1 of an item in the Table and the
11                 advertised film has a classification specified opposite it
12                 in column 2 of that item.
13                                        Table
                     Item     Column 1            Column 2
                              Computer            Advertised film
                              Game

                       1      G                   G

                       2      PG                  PG or G

                       3      M                   M, PG or G

                       4      MA 15+              MA 15+, M, PG or G
14                 Penalty: $2 000
15         (3)     A person must not sell a classified computer game that
16                 is accompanied by an advertisement for an unclassified
17                 computer film or an unclassified computer game unless
18                 the sale of the classified computer game with that
19                 advertisement complies with the advertising scheme.
20                 Penalty: $5 000.
21




                                                                        page 23
     Child Exploitation Material and Classification Legislation Amendment
     Bill 2009
     Part 4           Amendments in relation to advertising

     s. 34


 1   34.       Section 102D amended
 2             In section 102D(1)(b) delete "classified".

 3   35.       Section 152A inserted
 4             After section 151 insert:
 5
 6           152A.   Advertisements for unclassified films
 7             (1)   A person does not commit an offence under
 8                   section 91(2A) by publishing an advertisement for an
 9                   unclassified film if the advertisement is published in
10                   accordance with a transitional Commonwealth
11                   regulation.
12             (2)   In subsection (1) --
13                   transitional Commonwealth regulation means a
14                   regulation made under the Classification (Publications,
15                   Films and Computer Games) Amendment (Assessments
16                   and Advertising) Act 2008 (Commonwealth)
17                   Schedule 1 item 13.
18


19




 


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