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CHILD PORNOGRAPHY AND EXPLOITATION MATERIAL AND CLASSIFICATION LEGISLATION AMENDMENT BILL 2009

                       Western Australia


Child Pornography and 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                                        8
        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                           9
  9.    Section 60 deleted                                          9
  10.   Section 99 amended                                          9

                             043--2                                 page i
Child Pornography and Exploitation Material and Classification

 


 

egislation Amendment Bill 2009 Contents 11. Section 116 amended 9 12. Section 117 amended 9 Division 3 -- Consequential amendments 13. Community Protection (Offender Reporting) Act 2004 amended 10 14. Prostitution Act 2000 amended 10 15. Working with Children (Criminal Record Checking) Act 2004 amended 11 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 34. Section 102D amended 24 35. Section 152A inserted 24 152A. Advertisements for unclassified films 24 page ii Western Australia LEGISLATIVE COUNCIL (As amended in Committee) Child Pornography and 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 Pornography and 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 Pornography and Exploitation Material and 4 Classification 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 Pornography and 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 -- 13 (a) child pornography; or 14 (b) material that, in a way likely to offend a 15 reasonable person, describes, depicts or 16 represents a person, or part of a person, who is, 17 or appears to be, a child -- 18 (i) in an offensive or demeaning context; or 19 (ii) being subjected to abuse, cruelty or 20 torture (whether or not in a sexual 21 context); 22 child pornography means material that, in a way likely 23 to offend a reasonable person, describes, depicts or 24 represents a person, or part of a person, who is, or 25 appears to be a child -- 26 (a) engaging in sexual activity; or 27 (b) in a sexual context; page 3 Child Pornography and Exploitation Material and Classification Legislation Amendment Bill 2009 Part 2 Child exploitation material offences Division 1 The Criminal Code amended s. 4 1 material includes -- 2 (a) any object, picture, film, written or printed 3 matter, data or other thing; and 4 (b) any thing from which text, pictures, sound or 5 data can be produced or reproduced, with or 6 without the aid of anything else; 7 picture has the meaning given in section 204B. 8 217. Involving child in child exploitation 9 (1) For the purposes of this section, a person involves a 10 child in child exploitation if the person -- 11 (a) invites a child to be in any way involved in the 12 production of child exploitation material; or 13 (b) causes a child to be in any way involved in the 14 production of child exploitation material; or 15 (c) procures a child for the purpose of the 16 production of child exploitation material; or 17 (d) offers a child for the purpose of the production 18 of child exploitation material. 19 (2) A person who involves a child in child exploitation is 20 guilty of a crime and is liable to imprisonment for 21 10 years. 22 218. Production of child exploitation material 23 A person who produces child exploitation material is 24 guilty of a crime and is liable to imprisonment for 25 10 years. 26 219. Distribution of child exploitation material 27 (1) In this section -- 28 distribute child exploitation material, includes -- 29 (a) communicate, exhibit, sell, send, supply, offer 30 or transmit child exploitation material to page 4 Child Pornography and Exploitation Material and Classification Legislation Amendment Bill 2009 Child exploitation material offences Part 2 The Criminal Code amended Division 1 s. 4 1 another person, or enter into an agreement or 2 arrangement to do so; or 3 (b) make child exploitation material available for 4 access by electronic or other means by another 5 person, or enter into an agreement or 6 arrangement to do so. 7 (2) A person who distributes child exploitation material is 8 guilty of a crime and is liable to imprisonment for 9 10 years. 10 (3) A person who has possession of child exploitation 11 material with the intention of distributing the material 12 is guilty of a crime and is liable to imprisonment for 13 10 years. 14 220. Possession of child exploitation material 15 A person who has possession of child exploitation 16 material is guilty of a crime and is liable to 17 imprisonment for 7 years. 18 221A. Defences and exclusions for section 217, 218, 219 19 or 220 20 (1A) It is no defence to a charge of an offence under section 21 217, 218, 219 or 220 to prove that the accused person 22 did not know the age of the child to whom the charge 23 relates, or the age of the child described, depicted or 24 represented in the material to which the charge relates, 25 or believed that the child was of or over 16 years of 26 age. 27 (1) It is a defence to a charge of an offence under 28 section 217, 218, 219 or 220 to prove that -- 29 (a) the material to which the charge relates was 30 classified (whether before or after the 31 commission of the alleged offence) under the 32 Classification (Publications, Films and page 5 Child Pornography and Exploitation Material and Classification Legislation Amendment Bill 2009 Part 2 Child exploitation material offences Division 1 The Criminal Code amended s. 4 1 Computer Games) Act 1995 (Commonwealth), 2 other than as refused classification (RC); or 3 (b) the accused person did not know, and could not 4 reasonably be expected to have known, that the 5 material to which the charge relates describes, 6 depicts or represents a person or part of a 7 person in a way likely to offend a reasonable 8 person; or 9 (c) the material to which the charge relates was -- 10 (i) of recognised literary, artistic or 11 scientific merit; or 12 (ii) of a genuine medical character, 13 and that the act to which the charge relates is 14 justified as being for the public good; or 15 (d) the accused person was acting for a genuine 16 child protection or legal purpose, and that the 17 person's conduct was reasonable for that 18 purpose. 19 (2) It is a defence to a charge of an offence under 20 section 220 to prove that -- 21 (a) the material to which the charge relates came 22 into the accused person's possession 23 unsolicited; and 24 (b) as soon as the accused person became aware of 25 the nature of the material the accused person 26 took reasonable steps to get rid of it. 27 (3) Nothing in section 219 or 220 makes it an offence -- 28 (a) for a member or officer of a law enforcement 29 agency to possess or distribute child 30 exploitation material when acting in the course 31 of his or her official duties; or page 6 Child Pornography and Exploitation Material and Classification Legislation Amendment Bill 2009 Child exploitation material offences Part 2 The Criminal Code amended Division 1 s. 4 1 (b) for a person to possess or distribute child 2 exploitation material in the exercise of a 3 function relating to the classification of such 4 material conferred or imposed on the person 5 under the Classification (Publications, Films 6 and Computer Games) Act 1995 7 (Commonwealth). 8 (4) In subsection (3)(a) -- 9 law enforcement agency means -- 10 (a) the Police Force of the State; or 11 (b) the Police Service of the State; or 12 (c) the Office of the Director of Public 13 Prosecutions of the State; or 14 (d) the Corruption and Crime Commission; or 15 (e) any entity of another State or a Territory, the 16 Commonwealth or another country that has 17 functions similar to functions of an entity 18 referred to in paragraph (a), (b), (c) or (d). 19 221B. Forfeiture 20 (1) If a person is charged with an offence against 21 section 217, 218, 219 or 220, the court may order the 22 material to which the charge relates be forfeited to the 23 State. 24 (2) The court may make an order under subsection (1) 25 whether or not the person is convicted of the offence. 26 (3) This section does not limit the court's powers under 27 section 731 or under the Criminal Property 28 Confiscation Act 2000. 29 page 7 Child Pornography and 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. 5 1 5. Section 557K amended 2 In section 557K(1) in the definition of child sex offender: 3 (a) after paragraph (a)(i) insert: 4 5 (iia) Chapter XXIV -- Child exploitation 6 material; 7 8 (b) in paragraph (e) after "offence under" insert: 9 10 the deleted 11 12 (c) in paragraph (f)(ii) delete "child pornography;" and 13 insert -- 14 15 child exploitation material (as defined in section 216); 16 17 (d) after each of paragraphs (a) to (i) insert: 18 19 or 20 21 Division 2 -- Classification (Publications, Films and Computer 22 Games) Enforcement Act 1996 amended 23 6. Act amended 24 This Division amends the Classification (Publications, Films 25 and Computer Games) Enforcement Act 1996. 26 7. Section 3 amended 27 In section 3 delete the definition of child pornography. page 8 Child Pornography and Exploitation Material and Classification Legislation Amendment Bill 2009 Child exploitation material offences Part 2 Classification (Publications, Films and Computer Games) Division 2 Enforcement Act 1996 amended s. 8 1 8. Part 7 Division 1 heading amended 2 In the heading to Part 7 Division 1 delete "articles, child 3 pornography" and insert: 4 5 articles 6 7 9. Section 60 deleted 8 Delete section 60. 9 10. Section 99 amended 10 In section 99 in the definition of objectionable material delete 11 paragraph (b). 12 11. Section 116 amended 13 Delete section 116(2). 14 12. Section 117 amended 15 (1) In section 117(2a): 16 (a) in paragraph (a) delete "18+;" and insert: 17 18 18+; or 19 20 (b) in paragraph (b) delete "RC; or" and insert: 21 22 RC, 23 24 (c) delete paragraph (c). 25 (2) In section 117(3) delete "(2a)(a), (b) or (c)" and insert: 26 27 (2a)(a) or (b) page 9 Child Pornography and Exploitation Material and Classification Legislation Amendment Bill 2009 Part 2 Child exploitation material offences Division 3 Consequential amendments s. 13 1 Division 3 -- Consequential amendments 2 13. Community Protection (Offender Reporting) Act 2004 3 amended 4 (1) This section amends the Community Protection (Offender 5 Reporting) Act 2004. 6 (2) In Schedule 2: 7 (a) after the item relating to The Criminal Code s. 204B(3) 8 insert: 9 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 10 11 (b) under the heading relating to the Classification 12 (Publications, Films and Computer Games) Enforcement 13 Act 1996 delete "s. 60" and insert: 14 15 the deleted s. 60 16 17 14. Prostitution Act 2000 amended 18 (1) This section amends the Prostitution Act 2000. 19 (2) In Schedule 1: 20 (a) under the heading relating to the Classification 21 (Publications, Films and Computer Games) Enforcement 22 Act 1996 delete "s. 60" and insert: 23 24 the deleted s. 60 25 page 10 Child Pornography and Exploitation Material and Classification Legislation Amendment Bill 2009 Child exploitation material offences Part 2 Consequential amendments Division 3 s. 15 1 (b) after the item relating to The Criminal Code s. 204A 2 insert: 3 4 s. 217 5 s. 218 6 s. 219 7 s. 220 8 9 15. Working with Children (Criminal Record Checking) Act 2004 10 amended 11 (1) This section amends the Working with Children (Criminal 12 Record Checking) Act 2004. 13 (2) In Schedule 2: 14 (a) after the item relating to The Criminal Code s. 204B insert: 15 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 16 17 (b) under the heading relating to the Classification 18 (Publications, Films and Computer Games) Enforcement 19 Act 1996 delete "s. 60" and insert: 20 21 the deleted s. 60 22 page 11 Child Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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 Pornography and 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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