Classification (Publications, Films and Computer Games) Enforcement Act 1995 (NSW)

Classification (Publications, Films and Computer Games) Enforcement Act 1995 No 63

An Act to provide for the enforcement of a classification scheme for publications, films and computer games, to repeal the Film and Computer Game Classification Act 1984 and the Indecent Articles and Classified Publications Act 1975, to consequentially amend the Crimes Act 1900 and certain other Acts, and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Classification (Publications, Films and Computer Games) Enforcement Act 1995.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Object of Act The object of this Act is to give effect to the national scheme for the classification of publications, films and computer games set out in the Commonwealth Act by: (a) providing for the enforcement of classification decisions made under the Commonwealth Act, and (b) prohibiting the publishing (including the sale, exhibition, distribution and demonstration) of certain publications, films and computer games.

Note— Section 92 of the Commonwealth Act provides that the Commonwealth Act does not apply to broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies. Accordingly, television and radio programs are not part of the classification scheme which this Act is enforcing for New South Wales purposes.

Note— Section 9 of the Commonwealth Act provides that publications, films and computer games are to be classified in accordance with the National Classification Code and the classification guidelines (as determined under section 12 of that Act).

4 Definitions (1) In this Act: adult means a person who is 18 or older. advertisement has the same meaning as in the Commonwealth Act. Advertising Scheme means the scheme determined from time to time under section 31 of the Commonwealth Act. approved form means a form approved under section 8A of the Commonwealth Act. Board means the Classification Board established by the Commonwealth Act. business day means a day other than a Saturday, Sunday or public holiday. buy means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire or cause or permit to be bought or exchanged or hired, whether by retail or wholesale. classified means classified under the Commonwealth Act. Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth. Commonwealth Gazette means the Commonwealth of Australia Gazette. computer game has the same meaning as in the Commonwealth Act. consumer advice means consumer advice determined under section 20 of the Commonwealth Act. contentious material has the same meaning as in the Commonwealth Act. Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act. demonstrate a computer game includes exhibit, display, screen, or make available for playing, the computer game. Deputy Director means the Deputy Director of the Classification Board appointed under section 48 of the Commonwealth Act. determined markings means markings determined under section 8 of the Commonwealth Act. Director means the Director of the Classification Board appointed under section 48 of the Commonwealth Act. exempt computer game has the same meaning as in the Commonwealth Act. exempt film has the same meaning as in the Commonwealth Act. exhibit a film (or an advertisement for a film) means project or screen the film or advertisement. film has the same meaning as in the Commonwealth Act. guardian means an adult who is exercising parental control over a minor. international flight, in relation to an aircraft, means a flight that passes through the air space over the territory of more than one country and includes any part of the flight that may occur within Australia. international voyage, in relation to a vessel, means a voyage, whether direct or indirect, between a place in Australia and a place outside Australia and includes any part of the voyage that may occur within Australia. minor means a person who is under 18. place includes any vacant land, premises, vehicle, vessel or aircraft (except a vessel on an international voyage or an aircraft on an international flight). privately demonstrate a computer game means demonstrate the computer game in a place other than a public place. privately exhibit a film means exhibit the film in a place other than a public place. public place means any place which the public is entitled to use or which is open to, or used by the public, whether on payment of money or otherwise. publication has the same meaning as in the Commonwealth Act. publicly demonstrate a computer game means demonstrate the computer game: (a) in a public place, or (b) so that it can be seen from a public place. publicly exhibit a film (or an advertisement for a film) means exhibit the film or advertisement: (a) in a public place, or (b) so that it can be seen from a public place. publish has the same meaning as in the Commonwealth Act. restricted publications area means any premises, or part of any premises, constructed and managed in accordance with the requirements set out in section 49. Review Board means the Classification Review Board established by the Commonwealth Act. sell means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale. subject to a conditional cultural exemption has the same meaning as in the Commonwealth Act. submittable publication has the same meaning as in the Commonwealth Act, and includes a publication called in by the Director under: (a) section 46 of this Act, or (b) a provision of an Act of another State or a Territory that corresponds to that section. (2) Notes in the text of this Act do not form part of this Act.