Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009

i Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2—AMENDMENTS CONSEQUENTIAL ON THE CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) AMENDMENT (ASSESSMENTS AND ADVERTISING) ACT 2008 OF THE COMMONWEALTH 3 4 Definitions inserted 3 5 Insertion of heading 3 6 Certain films and computer games not to be advertised 3 7 Section 48 substituted 4 48 Screening of advertisements with feature films 4 8 Section 49 substituted 5 49 Liability for certain advertisements 5 9 Section 50 substituted 6 50 Sale of feature films with advertisements 6 10 Section 51 substituted 7 51 Advertisements with computer games 7 11 Classification symbols etc. to be published with advertisements 8 12 Calling in advertisements 8 13 New section 87G inserted 8 87G Transitional provisions (2009 amendments) 8 PART 3—REPEAL 10 14 Repeal of Act 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 † No. 33 of 2009 [Assented to 30 June 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 to make consequential amendments required as a result of the Classification (Publications, Films Victoria -- 2 of 12 -- Part 1—Preliminary Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 2 and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth. 2 Commencement (1) This Act (except Part 2) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), Part 2 comes into operation on a day to be proclaimed. (3) If Part 2 does not come into operation before 1 July 2009, it comes into operation on that day. 3 Principal Act In this Act, the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 is called the Principal Act. __________________ s. 2 See: Act No. 90/1995. Reprint No. 2 as at 26 September 2007 and amending Act No. 5/2008. LawToday: www. legislation. vic.gov.au -- 3 of 12 -- Part 2—Amendments Consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 3 PART 2—AMENDMENTS CONSEQUENTIAL ON THE CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) AMENDMENT (ASSESSMENTS AND ADVERTISING) ACT 2008 OF THE COMMONWEALTH 4 Definitions inserted In section 3 of the Principal Act insert the following definitions— "Advertising Scheme means the scheme for the advertising of unclassified films and unclassified computer games that is determined from time to time under section 31(1) of the Commonwealth Act; assessed, in relation to an unclassified film or an unclassified computer game, means assessed in accordance with the Advertising Scheme or under section 33 of the Commonwealth Act;". 5 Insertion of heading Insert the following heading to section 46 of the Principal Act— "Publishing of advertisements—approvals under Commonwealth Act". 6 Certain films and computer games not to be advertised (1) For section 47(1)(a) of the Principal Act substitute— "(a) an unclassified film or an unclassified computer game otherwise than in accordance with the conditions on which unclassified films and unclassified computer games may be advertised that are set out in the Advertising Scheme; or". (2) Section 47(1)(e) of the Principal Act is repealed. s. 4 -- 4 of 12 -- Part 2—Amendments Consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 4 7 Section 48 substituted For section 48 of the Principal Act substitute— "48 Screening of advertisements with feature films A person must not screen in a public place an advertisement for a film or for a computer game during a program for the exhibition of another film (the feature film) unless the feature film has a classification specified in column 1 of an item in the Table to this section and the advertised film or computer game— (a) has a classification specified opposite it in column 2 or 3 of that item; or (b) if unclassified, has been assessed as being likely to be classified at a classification specified opposite it in column 2 or 3 of that item. TABLE Item Column 1 Feature film Column 2 Advertised film Column 3 Advertised computer game 1 G G G 2 PG PG or G PG or G 3 M M, PG or G M, PG or G 4 MA 15+ MA 15+, M, PG or G MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G MA 15+, M, PG or G Penalty: in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units.". s. 7 -- 5 of 12 -- Part 2—Amendments Consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 5 8 Section 49 substituted For section 49 of the Principal Act substitute— "49 Liability for certain advertisements (1) A person must not screen in a public place, or so that it can be seen from a public place, an advertisement for— (a) a film classified RC, X 18+, R 18+ or MA 15+; or (b) a computer game classified RC or MA 15+; or (c) an unclassified film that has been assessed as being likely to be classified RC, X 18+, R 18+ or MA 15+; or (d) an unclassified computer game that has been assessed as being likely to be classified RC or MA 15+. Penalty: in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units. (2) Subsection (1) is not contravened by reason only of— (a) the screening of an advertisement for a film or computer game that is classified, or has been assessed as being likely to be classified, MA 15+ during a program for the exhibition of a film classified R 18+ or MA 15+; or (b) the screening of an advertisement for a film that is classified, or has been assessed as being likely to be classified, R 18+ during a program for the exhibition of a film classified R 18+; or s. 8 -- 6 of 12 -- Part 2—Amendments Consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 6 (c) the screening in a restricted publications area of an advertisement for— (i) a film that is classified, or has been assessed as being likely to be classified, R 18+ or MA 15+; or (ii) a computer game that is classified, or has been assessed as being likely to be classified, MA 15+.". 9 Section 50 substituted For section 50 of the Principal Act substitute— "50 Sale of feature films with advertisements A person must not sell a film (the feature film) that is accompanied by an advertisement for another film or for a computer game unless the feature film has a classification specified in column 1 of an item in the Table to this section and the advertised film or computer game— (a) has a classification specified opposite it in column 2 or 3 of that item; or (b) if unclassified, has been assessed as being likely to be classified at a classification specified opposite it in column 2 or 3 of that item. TABLE Item Column 1 Feature film Column 2 Advertised film Column 3 Advertised computer game 1 G G G 2 PG PG or G PG or G 3 M M, PG or G M, PG or G 4 MA 15+ MA 15+, M, PG or G MA 15+, M, PG or G s. 9 -- 7 of 12 -- Part 2—Amendments Consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 7 Item Column 1 Feature film Column 2 Advertised film Column 3 Advertised computer game 5 R 18+ R 18+, MA 15+, M, PG or G MA 15+, M, PG or G Penalty: in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units.". 10 Section 51 substituted For section 51 of the Principal Act substitute— "51 Advertisements with computer games A person must not sell a computer game (the main game) that is accompanied by an advertisement for another computer game or for a film unless the main game has a classification specified in column 1 of an item in the Table to this section and the advertised computer game or film— (a) has a classification specified opposite it in column 2 or 3 of that item; or (b) if unclassified, has been assessed as being likely to be classified at a classification specified opposite it in column 2 or 3 of that item. TABLE Item Column 1 Main game Column 2 Advertised computer game Column 3 Advertised film 1 G G G 2 PG PG or G PG or G 3 M M, PG or G M, PG or G s. 10 -- 8 of 12 -- Part 2—Amendments Consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 8 Item Column 1 Main game Column 2 Advertised computer game Column 3 Advertised film 4 MA 15+ MA 15+, M, PG or G MA 15+, M, PG or G Penalty: in the case of a natural person, 20 penalty units; in the case of a body corporate, 50 penalty units.". 11 Classification symbols etc. to be published with advertisements (1) For section 55(a) of the Principal Act substitute— "(a) a classified film; or". (2) For section 55(c) of the Principal Act substitute— "(c) a classified computer game—". 12 Calling in advertisements In section 62(1)(b) of the Principal Act omit "classified". 13 New section 87G inserted After section 87F of the Principal Act insert— "87G Transitional provisions (2009 amendments) (1) An amendment of this Act made by Part 2 of the Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 applies to— (a) an advertisement published or screened; or s. 11 -- 9 of 12 -- Part 2—Amendments Consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 9 (b) an advertisement that accompanies a film or computer game sold— on or after the commencement of Part 2 of that Act. (2) If a certificate of exemption in relation to an unclassified film has been granted under section 33 of the Commonwealth Act as in force before its repeal by the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth, a person does not commit an offence against Part 5 of this Act by reason only of advertising the film in accordance with the conditions, if any, determined under section 35 of the Commonwealth Act as in force before its repeal. (3) Subsection (2) is subject to the regulations, if any, made under item 13 of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth.". __________________ s. 13 -- 10 of 12 -- Part 3—Repeal Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 10 PART 3—REPEAL 14 Repeal of Act This Act is repealed on 1 July 2010. 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). ═══════════════ s. 14 -- 11 of 12 -- Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 No. 33 of 2009 11 ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 May 2009 Legislative Council: 11 June 2009 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 the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth and for other purposes." Endnotes -- 12 of 12 --