Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008 No. 5 of 2008 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Definitions 2 5 New section 5A inserted 3 5A Films consisting only of classified films 3 6 Exhibition of film in public place 3 7 Classified films 3 8 Advertisements to contain determined markings and consumer advice 4 9 Obtaining copies for review 4 10 Consequential amendment 4 11 Evidence 4 12 Costs 4 13 Repeal of amending Act 4 ═══════════════ ENDNOTES 5 i -- 1 of 6 -- Victoria Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008† No. 5 of 2008 [Assented to 14 March 2008] The Parliament of Victoria enacts: 1 Purpose The 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 and Computer Games) Amendment Act 2007 of the Commonwealth. 1 -- 2 of 6 -- Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008 No. 5 of 2008 s. 2 2 Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 15 March 2008, 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. See: Act No. 90/1995. Reprint No. 2 as at 26 September 2007. LawToday: www. legislation. vic.gov.au 4 Definitions (1) In section 3 of the Principal Act, for the definition of approved form substitute— "approved form means a form approved under section 8A of the Commonwealth Act;". (2) In section 3 of the Principal Act insert the following definition— "Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act;". 2 -- 3 of 6 -- Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008 No. 5 of 2008 s. 5 5 New section 5A inserted After section 5 of the Principal Act insert— "5A Films consisting only of classified films Despite any other provision of this Act, a film that— (a) is contained on one device; and (b) consists only of 2 or more classified films— is to be treated, for the purposes of this Act, as if each of the classified films were on a separate device.". 6 Exhibition of film in public place At the end of section 6 of the Principal Act insert— "(2) Subsection (1) is not contravened by reason only of the exhibition of a classified film— (a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or (b) with a modification referred to in section 21(2) of the Commonwealth Act.". 7 Classified films At the end of section 16 of the Principal Act insert— "(2) Subsection (1) is not contravened by reason only of the sale of a classified film— (a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or 3 -- 4 of 6 -- Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008 No. 5 of 2008 s. 8 (b) with a modification referred to in section 21(2) of the Commonwealth Act.". 8 Advertisements to contain determined markings and consumer advice In section 52(1)(b)(i) of the Principal Act omit "by the Director". 9 Obtaining copies for review In section 62B(1) of the Principal Act, for "Director" substitute "Convenor". 10 Consequential amendment In section 67(2A)(a) of the Principal Act, for "approved form" substitute "form approved by the Director for the purposes of this subsection and published in the Commonwealth Gazette". 11 Evidence In section 78(1) of the Principal Act, for "Director or Deputy Director" substitute "Director, Deputy Director or Convenor". 12 Costs In section 82 of the Principal Act, for "Director or Deputy Director" substitute "Director, Deputy Director or Convenor". 13 Repeal of amending Act This Act is repealed on 15 March 2009. 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). ═══════════════ 4 -- 5 of 6 -- Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008 No. 5 of 2008 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 22 November 2007 Legislative Council: 28 February 2008 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 Act 2007 of the Commonwealth and for other purposes." 5 -- 6 of 6 --