Classification (Publications, Films and Computer
Games) (Enforcement) (Amendment) Act 2005
Act No. 6/2005
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Purposes
Commencement
Principal Act
Definition of "Code"
Classification categories—films
Classification categories—computer games
Classification categories—other references
Forfeiture
Evidentiary certificates
Child exploitation
New sections 87C to 87F inserted
87C.
Definition (2005 amendments)
87D. Films and computer games classified before 2005
amendments
87E.
Offences committed before 2005 amendments
87F.
Other transitional provisions (2005 amendments)
Amendment of the Crimes Act 1958
Consequential amendments
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ENDNOTES
Page
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i
Victoria
No. 6 of 2005
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 2005†
[Assented to 27 April 2005]
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are—
(a) to amend the Classification (Publications,
Films and Computer Games)
(Enforcement) Act 1995—
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2005
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Act No. 6/2005
(i) to reflect changes made to classification
categories by the Classification
(Publications, Films and Computer
Games) Act 1995 of the
Commonwealth;
(ii) to provide further for evidentiary
certificates;
(iii) to provide further for forfeiture of items
seized in the enforcement of the Act;
(iv) to change the age threshold of victims
in relation to objectionable material,
objectionable films and objectionable
publications and provide further for
those matters; and
(b) to make consequential and other
amendments to the Crimes Act 1958 and the
Confiscation Act 1997.
2. Commencement
(1) This Act (except sections 4, 5, 6, 7 and 13) comes
into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Sections 4, 5, 6, 7 and 13 come into operation on
the same day as Schedule 1 to the Classification
(Publications, Films and Computer Games)
Amendment Act 2004 of the Commonwealth.
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(Enforcement) (Amendment) Act 2005
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s. 3
3. Principal Act
In this Act, the Classification (Publications,
Films and Computer Games) (Enforcement)
Act 1995 is called the Principal Act.
4. Definition of "Code"
In section 3 of the Principal Act, for the definition
of "Code" substitute—
' "Code" means the National Classification Code,
set out in the Schedule to the Commonwealth
Act as originally enacted, as amended in
accordance with section 6 of the
Commonwealth Act;'.
5. Classification categories—films
In the Principal Act—
(a) in section 3, in paragraph (d) of the
definition of "objectionable film", for "X"
(wherever occurring) substitute "X 18+";
(b) insert the following heading to section 8—
"Exhibition of RC and X 18+ films";
(c) in section 8, for "X" (wherever occurring)
substitute "X 18+";
(d) insert the following heading to section 9—
"Exhibition of unclassified, RC, X 18+,
R 18+ and MA 15+ films";
3
See:
Act No.
90/1995.
Reprint No. 1
as at
1 January
1999
and
amending
Act No.
69/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2005
s. 5
Act No. 6/2005
(e) in section 9—
(i) for "X" (wherever occurring)
substitute "X 18+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(iii) for "MA" (wherever occurring)
substitute "MA 15+";
(f) in section 10—
(i) for "X" (wherever occurring)
substitute "X 18+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(g) in section 11—
(i) for "X" substitute "X 18+";
(ii) for "R" substitute "R 18+";
(h) in section 12—
(i) for "X" (wherever occurring)
substitute "X 18+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(i) insert the following heading to section 13—
"Attendance of minor at R 18+ film—
offence by exhibitor";
(j) in section 13, for "R" substitute "R 18+";
(k) insert the following heading to section 14—
"Attendance of minor at MA 15+ film—
offence by exhibitor";
(l) in section 14, for "MA" substitute
"MA 15+";
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(m) insert the following heading to section 15—
"Unclassified, RC and X 18+ films";
(n) in section 15—
(i) for "X" (wherever occurring)
substitute "X 18+";
(ii) for "MA" substitute "MA 15+";
(iii) for "R" substitute "R 18+";
(o) insert the following heading to section 19—
"Keeping unclassified, RC or X 18+ films
with other films";
(p) in section 19, for "X" (wherever occurring)
substitute "X 18+";
(q) in section 20—
(i) for "X" (wherever occurring)
substitute "X 18+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(iii) for "MA" substitute "MA 15+";
(r) in section 22—
(i) for "X" (wherever occurring)
substitute "X 18+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(iii) for "MA" (wherever occurring)
substitute "MA 15+";
(s) in section 23—
(i) for "X" (wherever occurring)
substitute "X 18+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
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(iii) for "MA" (wherever occurring)
substitute "MA 15+";
(t) insert the following heading to
section 23A—
"Possession or copying of commercial
quantity of RC or X 18+ films";
(u) in section 23A, for "X" (wherever occurring)
substitute "X 18+".
6. Classification categories—computer games
In the Principal Act—
(a) insert the following heading to section 37—
"MA 15+ computer games";
(b) in section 37, for "MA (15+)" substitute
"MA 15+";
(c) insert the following heading to section 38—
"Demonstration of unclassified, RC and
MA 15+ computer games";
(d) in section 38, for "MA (15+)" (wherever
occurring) substitute "MA 15+";
(e) in section 41, for "MA (15+)" substitute
"MA 15+";
(f) in section 42, for "MA (15+)" substitute
"MA 15+";
(g) in section 44, for "MA (15+)" (wherever
occurring) substitute "MA 15+";
(h) in section 45—
(i) for "MA (15+)" (wherever occurring)
substitute "MA 15+";
(ii) for "M (15+)" substitute "M";
(iii) for "G (8+)" substitute "PG".
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7. Classification categories—other references
In the Principal Act—
(a) in section 47, for "X" substitute "X 18+";
(b) in section 48, in the Table—
(i) for "MA" (wherever occurring)
substitute "MA 15+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(c) in section 49—
(i) for "X" substitute "X 18+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(iii) for "MA" (wherever occurring)
substitute "MA 15+";
(d) in section 50, in the Table—
(i) for "MA" (wherever occurring)
substitute "MA 15+";
(ii) for "R" (wherever occurring) substitute
"R 18+";
(e) in section 51, in the Table—
(i) for "G (8+)" (wherever occurring)
substitute "PG";
(ii) for "M (15+)" (wherever occurring)
substitute "M";
(iii) for "MA (15+)" (wherever occurring)
substitute "MA 15+";
(f) in section 53, for "X" (wherever occurring)
substitute "X 18+";
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(g) in section 56—
(i) for "R" (wherever occurring) substitute
"R 18+";
(ii) for "MA" (wherever occurring)
substitute "MA 15+";
(iii) for "MA (15+)" (wherever occurring)
substitute "MA 15+";
(h) in section 75, for "X" (wherever occurring)
substitute "X 18+";
(i) in section 75A, for "X" substitute "X 18+";
(j) in section 83—
(i) for "X" substitute "X 18+";
(ii) for "R" substitute "R 18+";
(iii) for "MA" substitute "MA 15+";
(iv) for "MA (15+)" substitute "MA 15+".
8. Forfeiture
(1) Insert the following heading to section 75A of the
Principal Act—
"Forfeiture—commercial quantity etc.".
(2) After section 75A(1) of the Principal Act insert—
"(1A) If a person is found guilty of one or more
offences against this Act, regardless of the
number of charges filed, in relation to 10 or
more—
(a) films classified RC or X or X 18+; or
(b) publications or computer games
classified RC; or
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(c) objectionable films or objectionable
publications—
any other film, publication or computer game
that was seized at the same time from the
same premises as the items referred to in
paragraph (a), (b) or (c) is forfeited to the
Crown at the expiry of 30 days after the
finding of guilt unless the Magistrates' Court
makes an order under sub-section (4).".
(3) In section 75A(2) of the Principal Act, after "(1)"
(wherever occurring) insert "or (1A)".
(4) In section 75A(4)(a) of the Principal Act, after
"commercial quantity" insert "or the items
referred to in paragraph (a), (b) or (c) of subsection (1A), as the case may be".
9. Evidentiary certificates
(1) In section 78 of the Principal Act, after
"certificate" (where first occurring) insert ", or a
copy of a certificate,".
(2) After section 78(a) of the Principal Act insert—
"(ab) a film or publication or computer game was,
on a date specified in the certificate,
classified as specified in the certificate and,
if the case requires, the determined markings
for that type of classification were as
specified in the certificate; or".
(3) After section 78(c) of the Principal Act insert—
"(ca) a film or publication or computer game, on a
date specified in the certificate, was not
classified or was not classified at a
classification specified in the certificate; or".
(4) In section 78 of the Principal Act, for "facts"
substitute "matters".
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(5) At the end of section 78 of the Principal Act
insert—
"(2) A certificate referred to in sub-section (1) in
respect of a film, publication, computer
game or advertisement applies to each copy
of the film, publication, computer game or
advertisement the particulars of which
correlate with the particulars in the
certificate.".
10. Child exploitation
(1) In section 3 of the Principal Act—
(a) in the definition of "objectionable film",
paragraph (b) is repealed;
(b) in the definition of "objectionable
publication", paragraph (c) is repealed.
(2) In section 56 of the Principal Act, in the definition
of "objectionable material", paragraph (c)(ii) is
repealed.
(3) In section 57A of the Principal Act, omit
"under 16".
11. New sections 87C to 87F inserted
After section 87B of the Principal Act insert—
'87C. Definition (2005 amendments)
In sections 87D and 87E, "equivalent
former classification" in relation to a
classification specified in column 1 of the
following table—
(a) in the case of a film, means the former
classification specified opposite it in
column 2 of the table; and
(b) in the case of a computer game, means
the former classification specified
opposite it in column 3 of the table.
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TABLE
Column 1
Column 2
Column 3
New
classification
Former
classification
for films
Former
classification
for computer
games
PG
G (8+)
M
M (15+)
MA 15+
MA
R 18+
R
X 18+
X
MA (15+)
87D. Films and computer games classified
before 2005 amendments
(1) An amendment of this Act made by
sections 4, 5, 6, 7 and 13 of the
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 2005 extends to a film or
computer game classified before the
commencement of the amendment.
(2) For that purpose, a reference in this Act to a
classification of a film or computer game, in
relation to an offence against this Act that is
alleged to have been committed on or after
the commencement of sections 4, 5, 6, 7 and
13 of the Classification (Publications,
Films and Computer Games)
(Enforcement) (Amendment) Act 2005, is
a reference to the classification that the film
or computer game has or is taken to have
under the Commonwealth Act on or after the
commencement of Schedule 1 to the
Classification (Publications, Films and
Computer Games) Amendment Act 2004 of
the Commonwealth.
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(3) If a film or computer game was classified
before the commencement of Schedule 1 to
the Classification (Publications, Films and
Computer Games) Amendment Act 2004 of
the Commonwealth—
(a) a person does not commit an offence
against section 18(3) or 40(3) of this
Act by selling the film or computer
game in a container, wrapping or casing
that displays a marking indicating the
equivalent former classification of the
film or computer game; and
(b) a person does not commit an offence
against section 53(2) of this Act by
publishing an advertisement for the
film or computer game that indicates
the equivalent former classification of
the film or computer game.
87E. Offences committed before 2005
amendments
(1) This section applies to offences against this
Act alleged to have been committed before
the commencement of sections 4, 5, 6, 7 and
13 of the Classification (Publications,
Films and Computer Games)
(Enforcement) (Amendment) Act 2005.
(2) Any proceeding for an offence referred to in
sub-section (1) is to be dealt with as if
sections 4, 5, 6, 7 and 13 of the
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 2005 had not been
enacted, except as otherwise provided by this
section.
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(3) For the purposes of any proceeding for an
offence referred to in sub-section (1), a
reference in this Act to a classification of a
film or computer game is a reference to the
classification that had effect under the
Commonwealth Act before the
commencement of Schedule 1 to the
Classification (Publications, Films and
Computer Games) Amendment Act 2004 of
the Commonwealth.
(4) If an offence referred to in sub-section (1) is
alleged to have been committed in relation to
an unclassified film or unclassified computer
game that is subsequently classified on or
after the commencement of Schedule 1 to the
Classification (Publications, Films and
Computer Games) Amendment Act 2004 of
the Commonwealth, in any proceeding for
the offence—
(a) the film or computer game is taken to
have been classified with the equivalent
former classification; and
(b) evidence or proof that the film or
computer game is classified at a
specified classification is taken to be
evidence or proof of the equivalent
former classification.
87F. Other transitional provisions (2005
amendments)
(1) Section 75A as amended by section 8 of the
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 2005 applies to films,
publications and computer games seized on
or after the commencement of section 8 of
that Act.
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(Enforcement) (Amendment) Act 2005
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(2) Section 78 as amended by section 9 of the
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 2005 applies to any
certificate issued on or after the
commencement of section 9 of that Act.'.
12. Amendment of the Crimes Act 1958
(1) In section 67A of the Crimes Act 1958, in the
definition of "child pornography", for "looks like"
substitute "appears to be".
(2) After section 68(1) of the Crimes Act 1958
insert—
"(1A) It is a defence to a prosecution for an offence
against sub-section (1) to prove, in the case
of—
(a) a film; or
(b) a photograph contained in a
publication; or
(c) a computer game—
that at the time of the alleged offence the
film, publication or computer game was
classified other than RC or X or would, if
classified, be classified other than RC or X.".
(3) At the end of section 69 of the Crimes Act 1958
insert—
"(2) It is a defence to a prosecution for an offence
against sub-section (1) to prove, in the case
of—
(a) a film; or
(b) a photograph contained in a
publication; or
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Classification (Publications, Films and Computer Games)
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Act No. 6/2005
(c) a computer game—
that at the time of the alleged offence the
film, publication or computer game would, if
classified, be classified other than RC or X.".
(4) In section 70(2)(a) of the Crimes Act 1958, after
"X" insert "or would, if classified, be classified
other than RC or X".
13. Consequential amendments
(1) In section 68(1A) of the Crimes Act 1958, after
"X" (where twice occurring) insert "or X 18+".
(2) In section 69(2) of the Crimes Act 1958, after
"X" insert "or X 18+".
(3) In section 70(2)(a) of the Crimes Act 1958, after
"X" (where twice occurring) insert "or X 18+".
(4) In item 5 of Schedule 1 to the Confiscation Act
1997—
(a) in paragraph (a), for "X" substitute "X 18+";
(b) in paragraph (b), for "X, R and MA"
substitute "X 18+, R 18+ and MA 15+";
(c) in paragraph (c), for "X" substitute "X 18+";
(d) in paragraph (d), for "X" substitute
"X 18+";
(e) in paragraph (da), for "X" substitute
"X 18+".
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Classification (Publications, Films and Computer Games)
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Endnotes
Act No. 6/2005
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 24 February 2005
Legislative Council: 24 March 2005
The long title for the Bill for this Act was "to amend the Classification
(Publications, Films and Computer Games) (Enforcement) Act 1995,
the Crimes Act 1958 and the Confiscation Act 1997 and for other
purposes."
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