Censorship Act 1996 (WA)

Western Australia Classification (Publications, Films and Computer Games) Enforcement Act 1996 Western Australia Classification (Publications, Films and Computer Games) Enforcement Act 1996 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Exhibiting a film in a public place, defined 5 5. Sound recordings, general provisions about 6 6A. Display of determined markings and consumer advice 6 6. Application of Act 6 7. Films consisting only of classified films 7 Part 7 — Offences Division 1 — Indecent or obscene articles 57. Division does not apply to certain articles 8 58. Literary etc. merit or bona fide medical article, defence of 8 59. Indecent or obscene articles, offences as to 8 Division 2 — Publications 61. Sale or supply of submittable or RC publications 9 62. Possession or copying of RC publications 10 63. Possession or copying of submittable publications with intention of selling 10 64. Category 1 restricted publications, offences as to 11 65. Category 2 restricted publications, offences as to 12 65A. Sale or supply of publications contrary to conditions 13 65B. Consumer advice for Unrestricted publications 13 65C. Misleading or deceptive markings 13 65D. Sale of restricted publications to minors 14 65E. Leaving certain publications in certain places 15 Division 3 — Films 66. Exhibition of film in public place, offences as to 16 67. Notice about classifications for films to be displayed at cinemas etc. 17 68. RC films not to be exhibited 17 69. X 18+ films, exhibition of 17 70. R 18+ and MA 15+ films, exhibition of 18 71. Attendance of minor at RC, X 18+ or R 18+ films 19 72. Attendance of minor at MA 15+ film 20 73. Unclassified, RC and X 18+ films, sale of 21 74. Classified films, sale of 21 75. Notice about classifications for films to be displayed at place of sale 21 76. Markings etc. on films for sale, offences as to 22 77. Unclassified, RC or X 18+ films not to be kept where classified films are sold 23 78. R 18+ films, containers etc., display of in public 23 79. Sale or supply of certain films to minors 23 80. Leaving certain films in certain places 25 81. Possessing or copying certain films 25 Division 4 — Computer games 82. Selling or demonstrating computer games in public place 26 83. Notice about classifications for computer games to be displayed at place of sale etc. 26 84. RC and R 18+ computer games, sale etc. of 26 85. R 18+ and MA 15+ computer games, demonstration of 27 85A. R 18+ and MA 15+ computer games, containers etc., display of in public 28 86. Markings etc. on computer games, offences as to 28 87. Unclassified or RC computer games not to be kept where classified computer games are sold etc. 30 88. Sale or supply of certain computer games to minors 30 89. Possessing or copying certain computer games 31 Division 5 — Advertisements 90. Certain advertisements not to be published 32 91. Certain films etc. not to be advertised 33 92. Which advertisements of films etc. can be screened with feature films 33 93. Advertisements for R 18+ or MA 15+ films, screening of 35 94. Classified films not to be sold with certain advertisements 35 95. Classified computer games not to be sold with certain advertisements 36 96. Illegal advertisements for classified articles not to be published 38 97. Misleading or deceptive advertisements 39 97A. Advertising that Category 1 or 2 restricted publications are for sale etc. 40 98. Classification symbols etc. to be published with advertisements 40 Division 6 — Computer services 99. Terms used 41 100. Codes of practice, approval of etc. 42 101. Objectionable material, offences as to 42 102. Restricted material, offences as to 43 Part 7A — Call‑in provisions 102A. Calling in submittable publications etc. for classification 45 102B. Calling in films for classification 46 102C. Calling in computer games for classification 46 102D. Calling in advertisements for submittable publications etc. 48 102E. Calling in publication, film or computer game for reclassification 49 102F. Calling in publication, film or computer game for review of classification 50 Part 8 — Exemptions and exceptions 103. Supply etc. for classification etc. purposes not offence under Part 7 51 104. Offences as to possession, defences to 51 105. Articles and computer services, exemptions for 51 107. Ministerial directions or guidelines 52 110. Publication of certain films etc. to prescribed person etc. 52 Part 9 — Enforcement Division 1 — General matters 111. Interpretation 53 112. Entry, inspection and seizure without warrant 53 113. Obstruction 54 114. False or misleading statements 54 115. Liability of bodies corporate and their directors etc. 54 116. Prosecutions, time for commencing 55 117. Forfeiture 56 117A. Forfeiture of copies of seized publications, films and computer games 58 117B. Classification of seized items at request of accused 60 Division 2 — Infringement notices 117C. Term used: designated person 61 117D. Giving of infringement notice 61 117E. Content of infringement notice 61 117F. Extension of time to pay modified penalty 62 117G. Withdrawal of infringement notice 62 117H. Benefit of paying modified penalty 62 117I. Application of penalties collected 63 117J. Designated persons, appointment of 63 Part 11 — Registration of persons and premises 128A. Registrar 65 129. Registering publishers of Category 1 or 2 restricted publications 65 130. Registering premises where Category 1 or 2 restricted publications are published 66 131. Applications for registration or renewal, form of 66 132. Notice of decision on registration application 67 133. Certificates of registration 67 134. Duration of registration 67 135. Register 68 136. Change of particulars 69 Part 12 — General 140. Power to demand name, age and address 70 141. Evidentiary provisions to facilitate proof 71 141A. Proof of classification by agreement 72 142. Protection from personal liability 75 143. Regulations 76 Part 13 — Transitional, savings, consequential amendments and repeals 144. Term used: commencement 77 145. Pending applications 77 146. Savings provisions for publications 77 147. Transitional and savings provisions for films 77 148. Transitional and savings provisions for videos 78 149. Transitional provisions for computer games 79 151. Savings provisions for registration 80 152A. Advertisements for unclassified films 80 153A. Change of classification of computer games from MA 15+ to R 18+ 81 153B. Transitional provision for Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2016 81 153. Repeals 82 Notes Compilation table 83 Defined terms Western Australia Classification (Publications, Films and Computer Games) Enforcement Act 1996 An Act to provide for restrictions on the publication and possession of publications, films and computer games and the use of computer services, the enforcement of those restrictions and for other purposes. [Long title amended: No. 30 of 2003 s. 4.]