Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 Part 2—Amendments relating to classification by a classification tool 3 4 Definitions 3 5 Reclassified films 3 6 Reclassified publications 3 7 Reclassified computer games 4 8 Advertisements for reclassified films, publications or computer games 4 Part 3—Amendments relating to conditional cultural exemptions 5 9 Definitions 5 10 Application of Act 5 11 Call-in provisions 5 12 Repeal of Part 8 6 13 New section 89 inserted 6 Part 4—Amendments relating to modification 7 14 Modifications of classified films 7 15 Modification of computer games 7 Part 5—Repeal of amending Act 8 16 Repeal of amending Act 8 ═══════════════ Endnotes 9 1 General information 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 † No. 36 of 2015 [Assented to 8 September 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to make amendments to the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 required as a result of the Classification (Publications, Films and Computer Games) Victoria -- 2 of 10 -- Part 1—Preliminary Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 2 Authorised by the Chief Parliamentary Counsel Amendment (Classification Tools and Other Measures) Act 2014 of the Commonwealth. 2 Commencement (1) This Act (except Part 3) comes into operation on the day on which this Act receives the Royal Assent. (2) Part 3 comes into operation on the later of— (a) the day on which Part 3 of Schedule 3 to the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 of the Commonwealth comes into operation; or (b) the day on which this Act receives the Royal Assent. 3 Principal Act In this Act, the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 is called the Principal Act. -- 3 of 10 -- Part 2—Amendments relating to classification by a classification tool Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments relating to classification by a classification tool 4 Definitions In section 3 of the Principal Act— (a) in the definition of classification certificate, after "section" insert "22CG or"; (b) in the definition of consumer advice, after "Act" insert "or consumer advice that, in accordance with section 22CF(5) of the Commonwealth Act, is taken to be consumer advice determined under section 20 of the Commonwealth Act". 5 Reclassified films In section 18(4) of the Principal Act— (a) in paragraph (b), for "Act—" substitute "Act; or"; (b) after paragraph (b) insert— "(c) the Board revokes a classification for a film under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act—". 6 Reclassified publications In sections 26(3), 27(3) and 28(3) of the Principal Act— (a) in paragraph (b), for "Act—" substitute "Act; or"; (b) after paragraph (b) insert— "(c) the Board revokes a classification for a publication under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act—". -- 4 of 10 -- Part 2—Amendments relating to classification by a classification tool Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 4 Authorised by the Chief Parliamentary Counsel 7 Reclassified computer games In section 40(4) of the Principal Act— (a) in paragraph (b), for "Act—" substitute "Act; or"; (b) after paragraph (b) insert— "(c) the Board revokes a classification for a computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act—". 8 Advertisements for reclassified films, publications or computer games In sections 52(2) and 53(3) of the Principal Act— (a) in paragraph (b), for "Act—" substitute "Act; or"; (b) after paragraph (b) insert— "(c) the Board revokes a classification for a film, publication or computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act—". -- 5 of 10 -- Part 3—Amendments relating to conditional cultural exemptions Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 5 Authorised by the Chief Parliamentary Counsel Part 3—Amendments relating to conditional cultural exemptions 9 Definitions In section 3 of the Principal Act insert the following definition— "subject to a conditional cultural exemption has the same meaning as in the Commonwealth Act;". 10 Application of Act (1) After section 5(a) of the Principal Act insert— "(ab) a publication, film or computer game subject to a conditional cultural exemption; or". (2) At the foot of section 5 of the Principal Act insert— "Note A publication, film or computer game is subject to a conditional cultural exemption only in relation to the relevant demonstration, exhibition or screening— sections 6C and 6E of the Commonwealth Act.". 11 Call-in provisions (1) In section 60(1) of the Principal Act— (a) in paragraph (b), for "Victoria—" substitute "Victoria; and"; (b) after paragraph (b) insert— "(c) the publication is not subject to a conditional cultural exemption—". (2) In section 60A(1) of the Principal Act— (a) in paragraph (b), for "Victoria—" substitute "Victoria; and"; -- 6 of 10 -- Part 3—Amendments relating to conditional cultural exemptions Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 6 Authorised by the Chief Parliamentary Counsel (b) after paragraph (b) insert— "(c) the film is not subject to a conditional cultural exemption—". (3) In section 61(1A) of the Principal Act— (a) in paragraph (b), for "Victoria—" substitute "Victoria; and"; (b) after paragraph (b) insert— "(c) the computer game is not subject to a conditional cultural exemption—". 12 Repeal of Part 8 Part 8 of the Principal Act is repealed. 13 New section 89 inserted After section 88 of the Principal Act insert— "89 Transitional provision (2015 amendments) (1) If an exemption under Part 8 of this Act is in force immediately before the repeal of that Part by section 12 of the Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015— (a) the exemption remains in force according to its terms, on and from that repeal; and (b) Part 8 as in force immediately before its repeal continues to apply in respect of that exemption. (2) If an application made under Part 8 of this Act has not been decided before the repeal of that Part by section 12 of the Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015, the application is taken never to have been made.". -- 7 of 10 -- Part 4—Amendments relating to modification Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 7 Authorised by the Chief Parliamentary Counsel Part 4—Amendments relating to modification 14 Modifications of classified films (1) In section 6(2)(b) of the Principal Act, for "21(2)" substitute "20A, 21(2) or 21(3)". (2) In section 16(2)(b) of the Principal Act, for "21(2)" substitute "20A, 21(2) or 21(3)". 15 Modification of computer games At the end of section 34 of the Principal Act insert— "(2) Subsection (1) is not contravened by reason only of the sale or demonstration of a classified computer game with a modification referred to in section 20A, 21(2) or 21(3) of the Commonwealth Act.". -- 8 of 10 -- Part 5—Repeal of amending Act Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 8 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of amending Act 16 Repeal of amending Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 9 of 10 -- Endnotes Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2015 No. 36 of 2015 9 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 24 June 2015 Legislative Council: 6 August 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 consequential on certain amendments made to the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth and for other purposes." -- 10 of 10 --