Classification of Computer Games and Images Act 1995 (Qld)

Classification of Computer Games and Images Act 1995

An Act to provide for the classification of computer games and images, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Classification of Computer Games and Images Act 1995.

2 Commencement This Act commences on a day to be fixed by proclamation.

2A Application of Act (1) This Act does not apply to a computer game that is an exempt computer game. (2) Also, this Act does not apply in relation to a relevant showing of a computer game to the extent the computer game is subject to a conditional cultural exemption in relation to the relevant showing.

3 Definitions The dictionary in schedule 2 defines particular words used in this Act.

Part 2 Classification of computer games

4 [Repealed]

5 [Repealed]

6 [Repealed]

7 [Repealed]

7A [Repealed]

8 [Repealed]

8A Calling in computer game for reclassification by board (1) This section applies if— (a) the board proposes to reclassify a computer game under the Commonwealth Act, section 39; and (b) the publisher of the computer game resides in Queensland or has an office in Queensland. (2) The director may, by written notice given to the publisher, require the publisher to submit a copy of the computer game for the purpose of reclassifying it. (3) The publisher must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units. (4) It is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the computer game.

8B Obtaining copies for review (1) This section applies if— (a) an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the computer game concerned; and (b) the board or review board does not have a copy of the computer game and a copy is not available to it; and (c) the original applicant or the publisher of the computer game resides in Queensland or has an office in Queensland. (2) The convenor may, by written notice given to the original applicant or publisher, require the original applicant or publisher to make a copy of the computer game available for the purpose of the review. (3) A person to whom the notice is given must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units. (4) It is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the computer game.