New South Wales: 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. 4A Application of Act This Act does not apply to: (a) exempt films or exempt computer games, or (b) broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies, or (c) a publication, film or computer game that is subject to a conditional cultural exemption. Note— A publication, film or computer game is subject to a conditional cultural exemption only in relation to the relevant demonstration, exhibition or screening (see sections 6C and 6E of the Commonwealth Act). 5 Matters constituting public exhibition of films and demonstration of computer games (1) For the purposes of this Act, a person is taken to publicly exhibit a film (or an advertisement for a film) if the person: (a) arranges or conducts the exhibition of the film or advertisement in the public place, or (b) has the superintendence or management of the public place in which the film or advertisement is exhibited. (2) For the purposes of this Act, a person is taken to publicly demonstrate a computer game if the person: (a) arranges or conducts the demonstration of the computer game in the public place, or (b) has the superintendence or management of the public place in which the computer game is demonstrated. 5A Films consisting only of classified films Despite any other provision of this Act, a film: (a) that is contained on one device, and (b) that 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. Part 2 Films 6 Sale or public exhibition of unclassified, RC or X 18+ films prohibited A person must not sell or publicly exhibit: (a) a film classified RC or X 18+, or (b) an unclassified film. Maximum penalty: • in the case of an unclassified film that is subsequently classified G—1 penalty unit for an individual, 5 penalty units for a corporation • in the case of an unclassified film that is subsequently classified PG—5 penalty units for an individual, 10 penalty units for a corporation • in the case of an unclassified film that is subsequently classified M—10 penalty units for an individual, 20 penalty units for a corporation • in the case of an unclassified film that is subsequently classified MA 15+ or R 18+—50 penalty units for an individual, 100 penalty units for a corporation • in the case of a film classified RC or X 18+ or an unclassified film that is subsequently classified RC or X 18+—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. 7 Classified films not to be sold or exhibited under different title or in altered form (1) A person must not sell or publicly exhibit a classified film unless the film: (a) is sold or exhibited with the same title as that under which it is classified, and (b) is sold or exhibited in the form, without alteration or addition, in which it is classified. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (2) Subsection (1) is not contravened by the sale or 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 modifications referred to in section 21 (2) or (3) of the Commonwealth Act or to which section 20A of that Act applies, or both. 8 Display of notice about classifications A person who sells or publicly exhibits a classified film must keep a notice in the approved form about classifications for films on public display in a prominent place in the place where the film is sold or exhibited. Maximum penalty: 5 penalty units for an individual, 10 penalty units for a corporation. 9 Sale of certain films to minors prohibited (1) A person must not sell or deliver to a minor a film classified RC or X 18+ or an unclassified film that would, if classified, be classified RC or X 18+. Maximum penalty: 150 penalty units or imprisonment for 2 years for an individual, 300 penalty units for a corporation. (2) A person must not sell or deliver to a minor a film classified R 18+, or an unclassified film that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) It is a defence to a prosecution for an offence under subsection (2) to prove that: (a) the minor, before being sold or delivered the film, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 18 or older, or (b) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the minor was an adult, or (c) the minor was employed by the defendant and the delivery took place in the course of that employment. (4) A person must not sell or deliver to a minor under 15 a film classified MA 15+ unless the person is a parent or guardian of the minor. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (5) It is a defence to a prosecution for an offence under subsection (4) to prove that: (a) the minor, before being sold the film, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or (b) the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was 15 or older, or (c) the parent or guardian of the minor had consented to the sale. 10 Parents not to permit minors to attend RC, X 18+ or R 18+ films A person who is the parent or guardian of a minor must not permit the minor to attend the exhibition in a public place of a film classified RC, X 18+ or R 18+ or an unclassified film that would, if classified, be classified RC, X 18+ or R 18+. Maximum penalty: 20 penalty units. 11 Minors over 15 not to buy or attend RC, X 18+ or R 18+ films A minor who is 15 or older must not: (a) buy a film classified RC, X 18+ or R 18+, or (b) attend the exhibition in a public place of a film classified RC, X 18+ or R 18+, knowing that the film is so classified. Maximum penalty: 5 penalty units. 12 R 18+ films not to be publicly exhibited in presence of minors (1) A person must not publicly exhibit a film classified R 18+ if a minor is present during any part of the exhibition. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under this section to prove that: (a) the minor, before being admitted to the public place, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 18 or older, or (b) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the minor was an adult, or (c) the minor was employed by the defendant and the exhibition took place in the course of that employment. 13 MA 15+ films not to be publicly exhibited in presence of minors under 15 (1) A person must not publicly exhibit a film classified MA 15+ if: (a) a minor under 15 is present during any part of the exhibition, and (b) the minor is not accompanied by his or her parent or guardian. Maximum penalty: 10 penalty units for an individual, 20 penalty units for a corporation. (2) For the purposes of this section: (a) a minor does not cease to be accompanied by his or her parent or guardian merely because the parent or guardian is temporarily absent during any part of the exhibition, and (b) an offence is committed in respect of each unaccompanied minor present at the exhibition of the film. (3) It is a defence to a prosecution for an offence under this section to prove that: (a) the minor, before being admitted to the public place, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or (b) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the minor was 15 or older, or (c) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the person accompanying the minor was the minor's parent or guardian. 14 Private exhibition of RC, X 18+ or R 18+ films in presence of minors (1) A person must not privately exhibit in the presence of a minor a film classified RC or X 18+ or an unclassified film that would, if classified, be classified RC or X 18+. Maximum penalty: 100 penalty units. (2) A person must not privately exhibit in the presence of a minor a film classified R 18+, or an unclassified film that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor. Maximum penalty: 50 penalty units. (3) It is a defence to a prosecution for an offence under this section to prove that the defendant believed on reasonable grounds that the minor was an adult. 15 Films to display determined markings and consumer advice (1) A person must not sell a film unless the determined markings relevant to the classification of the film, and any consumer advice applicable to the film, are displayed on the container, wrapping or casing of the film. (2) A person must not sell an unclassified film if the container, wrapping or casing in which the film is sold displays a marking that indicates or suggests that the film has been classified. (3) A person must not sell a classified film if the container, wrapping or casing in which the film is sold displays a marking that indicates or suggests that the film is unclassified or has a different classification. (4) If: (a) a film is reclassified under the Commonwealth Act, or (b) the Board revokes a classification or consumer advice for a film under section 22B (3) or 22CH (1) of that Act, display of the determined markings and consumer advice applicable to the film before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. 16 Keeping unclassified, RC or X 18+ films with other films (1) If a person keeps or possesses any unclassified film or film classified RC or X 18+ on any premises where classified films are sold, the person and the occupier of the premises are each guilty of an offence. Maximum penalty: 100 penalty units for an individual, 250 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, and could not reasonably have known, that the film was on the premises. 17 Leaving RC or X 18+ films in certain places (1) A person must not leave in a public place or, without the occupier's permission, on private premises: (a) a film classified RC or X 18+, or (b) an unclassified film that would, if classified, be classified RC or X 18+. Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, or could not reasonably be expected to have known, that the film is or would be classified RC or X 18+. 18 Possession or copying of films for the purpose of sale or exhibition (1) A person must not possess: (a) a film classified RC or X 18+, or (b) an unclassified film that would, if classified, be classified RC or X 18+, with the intention of selling or exhibiting the film. (2) A person must not copy: (a) a film classified RC or X 18+, or (b) an unclassified film that would, if classified, be classified RC or X 18+, with the intention of selling or exhibiting the film or the copy. (3) In proceedings for an offence under this section, evidence that a person made or possessed 10 or more copies of a film is prima facie evidence that the person intended to sell or exhibit the film. Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. Part 3 Publications 19 Sale of RC or submittable publications prohibited (1) A person must not sell or deliver: (a) a submittable publication, or (b) a publication classified RC. Maximum penalty: • in the case of a submittable publication that is subsequently classified Category 1 restricted—20 penalty units for an individual, 50 penalty units for a corporation • in the case of a submittable publication that is subsequently classified Category 2 restricted—50 penalty units for an individual, 100 penalty units for a corporation • in the case of a publication classified RC (or a submittable publication that is subsequently classified RC)—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under subsection (1) (a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted. 20 Category 1 restricted publications (1) Subject to subsection (1A), a person must not sell or deliver a publication classified Category 1 restricted unless it is contained in a sealed package and: (a) if the packaging is a transparent material, the publication displays the determined markings, or (b) if the packaging is an opaque material, both the publication and the package display the determined markings. Maximum penalty: 20 penalty units for an individual, 50 penalty units for a corporation. (1A) Subject to any condition imposed by the Board under section 13A (2) of the Commonwealth Act, if the sale or delivery takes place in a restricted publications area, the package need not be sealed but on delivery must be contained in an opaque wrapper. (2) If: (a) a publication is reclassified under section 22CH (4), 39 or 97A of the Commonwealth Act, or (b) the Board revokes a classification for a publication under section 22B (3) or 22CH (1) of that Act, it is sufficient compliance with subsection (1) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation. 21 Category 2 restricted publications (1) A publication classified Category 2 restricted must not be: (a) displayed except in a restricted publications area, or (b) delivered to a person who has not made a direct request for the publication, or (c) delivered to a person unless it is contained in a package made of opaque material, or (d) published unless it displays the determined markings. (2) A person must not sell, display, deliver or publish a publication classified Category 2 restricted in contravention of this section. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (3) If: (a) a publication is reclassified under section 22CH (4), 39 or 97A of the Commonwealth Act, or (b) the Board revokes a classification for a publication under section 22B (3) or 22CH (1) of that Act, it is sufficient compliance with subsection (1) (d) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation. 22 Publications classified Unrestricted A person must not sell, deliver or publish a publication classified Unrestricted unless it displays the determined markings. Maximum penalty: 5 penalty units for an individual, 10 penalty units for a corporation. 22A Sale or delivery of publications contrary to conditions If a publication is classified Unrestricted or Category 1 restricted subject to a condition imposed under section 13A of the Commonwealth Act, a person must not sell or deliver the publication except in accordance with that condition. Maximum penalty: 20 penalty units for an individual, 50 penalty units for a corporation. 22B Consumer advice for Unrestricted publications A person must not sell a publication classified Unrestricted in respect of which the Board has determined consumer advice under section 20 (2) of the Commonwealth Act unless the consumer advice is displayed on the publication or the packaging of the publication. Maximum penalty: 20 penalty units for an individual, 50 penalty units for a corporation. 23 Misleading or deceptive markings (1) A person must not publish an unclassified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication has been classified. (2) A person must not publish a classified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication is unclassified or has a different classification. (3) If: (a) a publication is reclassified under section 22CH (4), 39 or 97A of the Commonwealth Act, or (b) the Board revokes a classification for a publication under section 22B (3) or 22CH (1) of that Act, it is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. 24 Certain publications not to be sold or shown to minors (1) A person must not sell or deliver, or show, to a minor: (a) a submittable publication, or (b) a publication classified RC. Maximum penalty: 150 penalty units or imprisonment for 2 years for an individual, 300 penalty units for a corporation. (2) A person must not sell or deliver to a minor a publication classified Category 1 restricted or Category 2 restricted unless the person is a parent or guardian of the minor. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) It is a defence to a prosecution for an offence under subsection (1) (a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted. (4) It is a defence to a prosecution for an offence under subsection (2) to prove that: (a) the minor, before being sold or delivered the publication, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 18 or older, or (b) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the minor was 18 or older. 25 Leaving publications in certain places (1) A person must not leave in a public place, or display in such a manner as to be visible to persons in a public place: (a) a submittable publication, or (b) a publication classified Category 1 restricted, Category 2 restricted or RC. Maximum penalty: • in the case of a publication classified Category 1 restricted (or a submittable publication that is subsequently classified Category 1 restricted)—20 penalty units for an individual, 50 penalty units for a corporation • in the case of a publication classified Category 2 restricted (or a submittable publication that is subsequently classified Category 2 restricted)—50 penalty units for an individual, 100 penalty units for a corporation • in the case of a publication classified RC (or a submittable publication that is subsequently classified RC)—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under subsection (1) to prove that: (a) since the offence was alleged to have been committed the publication has been classified Unrestricted, or (b) in the case of a publication classified Category 1 restricted, the public place was a shop or stall and the publication and packaging complied with section 20, or (c) in the case of a publication classified Category 2 restricted, the defendant believed on reasonable grounds that the public place was a restricted publications area. (3) A person must not leave on private premises without the occupier's permission: (a) a submittable publication, or (b) a publication classified Category 1 restricted, Category 2 restricted or RC. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (4) It is a defence to a prosecution for an offence under subsection (3) (a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted. 26 Possession or copying of publications for the purpose of sale (1) A person must not possess or copy: (a) a submittable publication, or (b) a publication classified RC, with the intention of selling the publication or the copy. Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under subsection (1) (a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted, Category 1 restricted or Category 2 restricted. (3) In proceedings for an offence under this section, evidence that a person made or possessed 10 or more copies of a publication is prima facie evidence that the person intended to sell the publication. Part 4 Computer games 27 Sale or public demonstration of unclassified or RC computer games prohibited A person must not sell or publicly demonstrate: (a) a computer game classified RC, or (b) an unclassified computer game. Maximum penalty: • in the case of an unclassified computer game that is subsequently classified G, PG or M—10 penalty units for an individual, 20 penalty units for a corporation • in the case of an unclassified computer game that is subsequently classified MA 15+ or R 18+—20 penalty units for an individual, 50 penalty units for a corporation • in the case of a computer game classified RC or an unclassified computer game that is subsequently classified RC—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. 28 Classified computer games not to be sold or demonstrated under different title or in altered form (1) A person must not sell a classified computer game, or demonstrate a classified computer game in a public place, unless the computer game: (a) is sold or demonstrated with the same title as that under which it is classified, and (b) is sold or demonstrated in the form, without alteration or addition, in which it is classified. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (2) Subsection (1) is not contravened by the sale or demonstration of a classified computer game: (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 computer games, or (b) with modifications to which section 20A of the Commonwealth Act applies or that are referred to in section 21 (2) or (3) of that Act, or both. 29 Display of notice about classifications A person who sells or publicly demonstrates a computer game must keep a notice in the approved form about classifications for computer games on public display in a prominent place in the place where the computer game is sold or demonstrated. Maximum penalty: 5 penalty units for an individual, 10 penalty units for a corporation. 30 Sale or delivery of RC, R 18+ or MA 15+ computer games to minors prohibited (1) A person must not sell or deliver to a minor a computer game classified RC or an unclassified computer game that would, if classified, be classified RC. Maximum penalty: 150 penalty units or imprisonment for 2 years for an individual, 300 penalty units for a corporation. (1A) A person must not sell or deliver to a minor a computer game classified R 18+, or an unclassified computer game that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (1B) It is a defence to a prosecution for an offence under subsection (1A) to prove that: (a) the minor, before being sold or delivered the computer game, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was an adult, or (b) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the minor was an adult, or (c) the minor was employed by the defendant and the delivery took place in the course of that employment. (2) A person must not sell or deliver to a minor under 15 a computer game classified MA 15+, or an unclassified computer game that would, if classified, be classified MA 15+, unless the person is a parent or guardian of the minor. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (3) It is a defence to a prosecution for an offence under subsection (2) to prove that: (a) the minor, before being sold or delivered the computer game, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or (b) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the minor was 15 or older. 30A Parents not to permit minors to attend demonstration of RC or R 18+ computer games A person who is the parent or guardian of a minor must not permit the minor to attend the demonstration in a public place of a computer game classified RC or R 18+ or an unclassified computer game that would, if classified, be classified RC or R 18+. Maximum penalty: 20 penalty units. 31 Minors over 15 not to buy or attend demonstration of RC or R 18+ computer games A minor who is 15 or older must not: (a) buy a computer game classified RC or R 18+, or (b) attend the demonstration of a computer game classified RC or R 18+ in a public place, knowing that the computer game is so classified. Maximum penalty: 5 penalty units. 31A R 18+ computer games not to be publicly demonstrated in presence of minors (1) A person must not publicly demonstrate a computer game classified R 18+ if a minor is present during any part of the demonstration. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under this section to prove that: (a) the minor, before being admitted to the part of the public place in which the computer game was demonstrated, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was an adult, or (b) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the minor was an adult, or (c) the minor was employed by the defendant and the demonstration took place in the course of that employment. 32 MA 15+ computer games not to be publicly demonstrated in presence of minors under 15 (1) A person must not publicly demonstrate a computer game classified MA 15+ if: (a) a minor under 15 is present during any part of the demonstration, and (b) the minor is not accompanied by his or her parent or guardian. Maximum penalty: 10 penalty units for an individual, 20 penalty units for a corporation. (2) For the purposes of this section: (a) a minor does not cease to be accompanied by his or her parent or guardian merely because the parent or guardian is temporarily absent during the demonstration, and (b) an offence is committed in respect of each unaccompanied minor present at the demonstration of the game. (3) It is a defence to a prosecution for an offence under subsection (1) to prove that: (a) the minor, before being admitted to the part of the public place in which the computer game was demonstrated, produced to the defendant (or the defendant's employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or (b) the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was 15 or older, or (c) the defendant (or the defendant's employee or agent) believed on reasonable grounds that the person accompanying the minor was the minor's parent or guardian. 33 Private demonstration of RC or R 18+ computer games in presence of minors (1) A person must not privately demonstrate in the presence of a minor a computer game classified RC or an unclassified computer game that would, if classified, be classified RC. Maximum penalty: 100 penalty units. (1A) A person must not privately demonstrate in the presence of a minor a computer game classified R 18+, or an unclassified computer game that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor. Maximum penalty: 50 penalty units. (2) It is a defence to a prosecution for an offence under this section to prove that the defendant believed on reasonable grounds that the minor was an adult. 34 Computer games to display determined markings and consumer advice (1) A person must not publicly demonstrate a computer game classified R 18+ or MA 15+ unless the determined markings are exhibited before the computer game is demonstrated. (2) A person must not sell a computer game unless the determined markings relevant to the classification of the computer game, and any consumer advice applicable to the game, are displayed on the container, wrapping or casing of the game. (3) A person must not sell an unclassified computer game if the container, wrapping or casing in which the computer game is sold displays a marking that indicates or suggests that the computer game has been classified. (4) A person must not sell a classified computer game if the container, wrapping or casing in which the computer game is sold displays a marking that indicates or suggests that the computer game is unclassified or has a different classification. (4A) A person must not make a computer game available for playing on a pay and play basis (for example, a coin operated arcade game) unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the device used for playing the game. (4B) If two or more computer games are available for playing on a device referred to in subsection (4A), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification. (5) If: (a) a computer game is reclassified under the Commonwealth Act, or (b) the Board revokes a classification or consumer advice for a computer game under section 22B (3) or 22CH (1) of that Act, display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. 35 Keeping unclassified or RC computer games with other computer games (1) If a person keeps or possesses any unclassified computer game or computer game classified RC on any premises where classified computer games are sold or publicly demonstrated, the person and the occupier of the premises are each guilty of an offence. Maximum penalty: 100 penalty units for an individual, 250 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, and could not reasonably have known, that the computer game was on the premises. 36 Leaving RC computer games in certain places (1) A person must not leave in a public place or, without the occupier's permission, on private premises: (a) a computer game classified RC, or (b) an unclassified computer game that would, if classified, be classified RC. Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, or could not reasonably be expected to have known, that the computer game is or would be classified RC. 37 Possession or copying of computer games for the purpose of sale or demonstration (1) A person must not possess: (a) a computer game classified RC, or (b) an unclassified computer game that would, if classified, be classified RC, with the intention of selling or demonstrating the computer game. (2) A person must not copy: (a) a computer game classified RC, or (b) an unclassified computer game, with the intention of selling or demonstrating the computer game or the copy. (3) In proceedings for an offence under this section, evidence that a person made or possessed 10 or more copies of an unclassified computer game is prima facie evidence that the person intended to sell or demonstrate the computer game. Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation. Part 5 Advertisements 38 Publishing of advertisements—approvals under Commonwealth Act (1) A person must not publish an advertisement for a film, publication or computer game: (a) if the advertisement has been refused approval, or would be refused approval if submitted for approval, under section 29 of the Commonwealth Act, or (b) if the advertisement was approved under section 29 of the Commonwealth Act and the approval is revoked under section 13 (5) or 21A of that Act. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (2) If an advertisement for a film, publication or computer game is approved under section 29 of the Commonwealth Act, a person must not publish the advertisement: (a) in an altered form to the form in which it is approved, or (b) if it is approved subject to conditions, except in accordance with those conditions. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. 39 Certain films, publications and computer games not to be advertised (1) A person must not publish an advertisement for any one or more of the following: (a) a film classified RC or X 18+, (b) (Repealed) (c) a submittable publication, (d) a publication classified RC, (e) (Repealed) (f) a computer game classified RC. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (1A) A person must not publish an advertisement for an unclassified film or unclassified computer game otherwise than in accordance with the Advertising Scheme. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (2) For the purposes of this section, if a person publishes an advertisement for an unclassified film or an unclassified computer game at the request of another person, that other person alone is taken to have published it. 40 Advertisements with feature films (1) A person must not, during a program for the exhibition of a classified film (the feature film), publicly exhibit an advertisement for another film or a computer game unless the advertised film or advertised computer game has the same classification as (or has a lower classification than) the feature film. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (2) A person must not sell a film that contains a classified film (the feature film) and an advertisement for another film or a computer game unless the advertised film or advertised computer game has the same classification as (or has a lower classification than) the feature film. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (2A) A person must not publicly exhibit an advertisement for an unclassified film during a program for the exhibition of a classified film unless the exhibition of that advertisement with the classified film complies with the Advertising Scheme. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (2B) A person must not sell a classified film that is accompanied by an advertisement for an unclassified film or unclassified computer game unless the sale of that classified film with that advertisement complies with the Advertising Scheme. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) The hierarchy of classification is as follows: (a) G is a lower classification than PG, M, MA 15+ or R 18+, (b) PG is a lower classification than M, MA 15+ or R 18+, (c) M is a lower classification than MA 15+ or R 18+, (d) MA 15+ is a lower classification than R 18+. 41 Advertisements with computer games (1) A person must not sell, or publicly demonstrate, a computer game that contains a classified computer game (the main computer game) and an advertisement for another computer game or a film unless the advertised game or advertised film has the same classification as (or has a lower classification than) the main computer game. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (1A) A person must not sell, or publicly demonstrate, a classified computer game that is accompanied by an advertisement for an unclassified computer game or unclassified film unless the sale or public demonstration of the classified computer game with that advertisement complies with the Advertising Scheme. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (2) The hierarchy of classification is as follows: (a) G is a lower classification than PG, M, MA 15+ or R 18+, (b) PG is a lower classification than M, MA 15+ or R 18+, (c) M is a lower classification than MA 15+ or R 18+, (d) MA 15+ is a lower classification than R 18+. 42 Advertisements to contain determined markings and consumer advice (1) A person must not publish an advertisement for a classified film, classified publication or classified computer game unless: (a) the advertisement contains the determined markings relevant to the classification of the film, publication or computer game and relevant consumer advice (if any), and (b) the determined markings and consumer advice are displayed: (i) in the manner determined under section 8 of the Commonwealth Act, and (ii) so as to be clearly visible, having regard to the size and nature of the advertisement. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (2) If: (a) a film, publication or computer game is reclassified under section 22CH (4), 39 or 97A of the Commonwealth Act, or (b) the Board revokes a classification or consumer advice for a film, publication or computer game under section 22B (3) or 22CH (1) of that Act, display of the determined markings and consumer advice applicable to the film, publication or computer game before that reclassification or revocation is sufficient compliance with subsection (1) for a period of 30 days after the decision to reclassify or revoke takes effect. 43 Misleading or deceptive advertisements (1) A person must not publish an advertisement for an unclassified film, unclassified publication or unclassified computer game with a marking that indicates or suggests that the film, publication or computer game is classified. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (2) A person must not publish an advertisement for a classified film, classified publication or classified computer game with a marking that indicates or suggests that the film, publication or computer game is unclassified or has a different classification. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (3) If: (a) a film, publication or computer game is reclassified under section 22CH (4), 39 or 97A of the Commonwealth Act, or (b) the Board revokes a classification or consumer advice for a film, publication or computer game under section 22B (3) or 22CH (1) of that Act, display of the determined markings and consumer advice applicable to the film, publication or computer game before that reclassification or revocation is sufficient compliance with subsection (2) for a period of 30 days after the decision to reclassify or revoke takes effect. 44 Advertisements for Category 1 and Category 2 restricted publications (1) A person must not publish an advertisement for a publication classified Category 1 restricted unless the advertisement is published: (a) in a publication classified Category 1 restricted or Category 2 restricted, or (b) in a restricted publications area. (2) A person must not publish an advertisement for a publication classified Category 2 restricted unless the advertisement is published: (a) in a publication classified Category 2 restricted, or (b) in a restricted publications area. (3) The occupier of a place (other than a restricted publications area) in which an advertisement for a publication classified Category 2 restricted is published is guilty of an offence. Maximum penalty (subsections (1)–(3)): 100 penalty units for an individual, 200 penalty units for a corporation. 45 Classification symbols to be published with advertisements A person must not publish a publication containing an advertisement for: (a) a film, or (b) a publication classified Category 1 restricted or Category 2 restricted, or (c) a computer game, unless the publication also contains a list of the classification symbols and determined markings for films, publications or computer games, respectively. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. Part 6 General regulatory and administrative provisions Division 1 Calling in powers 46 Calling in submittable publications for classification (1) If: (a) the Director has reasonable grounds to believe that a publication is a submittable publication, and (b) the publication is being published in New South Wales, or the Director has reasonable grounds to believe that it will be published in New South Wales, and (c) the publication is not subject to a conditional cultural exemption, the Director may, by notice in writing given to the publisher of the publication, require the publisher to submit an application under the Commonwealth Act for classification of the publication (or of subsequent issues of the publication). (2) A person to whom such a notice is given must comply with the notice within 3 business days after it is given. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) The Director is required to publish in the Commonwealth Gazette a notice about the Director's decision under subsection (1) requiring the publisher to submit an application. (4) It is a defence to a prosecution for an offence under this section to prove that the defendant did not intend to publish the publication (or cause it to be published) in New South Wales. 46A Calling in films for classification (1) If: (a) the Director has reasonable grounds to believe that an unclassified film is not an exempt film, and (b) the film is being published in New South Wales, or the Director has reasonable grounds to believe that it will be published in New South Wales, and (c) the film is not subject to a conditional cultural exemption, the Director may, by notice in writing given to the publisher of the film, require the publisher to submit an application for classification of the film. (2) A person to whom such a notice is given must comply with the notice within 3 business days after it is given. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) The Director is required to publish in the Commonwealth Gazette a notice about the Director's decision under subsection (1) requiring the publisher to submit an application. (4) It is a defence to a prosecution for an offence under this section to prove that the defendant did not intend to publish the film (or cause it to be published) in New South Wales. 47 Calling in computer games for classification (1) If: (a) the Director has reasonable grounds to believe that a computer game contains or is likely to contain contentious material, and (b) the computer game is being published in New South Wales, or the Director has reasonable grounds to believe that it will be published in New South Wales, and (c) the computer game is not subject to a conditional cultural exemption, the Director may, by notice in writing given to the publisher of the game, require the publisher to submit an application under the Commonwealth Act for classification of the game. (1A) If: (a) the Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game, and (b) the computer game is being published in New South Wales, or the Director has reasonable grounds to believe that it will be published in New South Wales, the Director may, by notice in writing given to the publisher of the computer game, require the publisher to submit an application for classification of the computer game. (2) A person to whom such a notice is given must comply with the notice within 3 business days after it is given. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) The Director is required to publish in the Commonwealth Gazette a notice about the Director's decision under subsection (1) or (1A) requiring the publisher to submit an application. (4) It is a defence to a prosecution for an offence under this section to prove that the defendant did not intend to publish the computer game (or cause it to be published) in New South Wales. 48 Calling in advertisements (1) The Director may, by notice in writing given to: (a) the publisher of a publication that: (i) the Director has reasonable grounds to believe is a submittable publication, and (ii) is being published in New South Wales, or the Director has reasonable grounds to believe will be published in New South Wales, or (b) the publisher of a film that is being published in New South Wales, or that the Director has reasonable grounds to believe will be published in New South Wales, or (c) the publisher of a computer game that is being published in New South Wales, or that the Director has reasonable grounds to believe will be published in New South Wales, require the publisher to submit to the Board for approval a copy of any advertisement used or intended to be used in connection with the publishing. (2) A person to whom such a notice is given must comply with the notice within 3 business days after it is given. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) It is a defence to a prosecution for an offence under this section to prove that the defendant did not intend to publish the publication, film or computer game (or cause it to be published) in New South Wales. 48A Calling in a publication, film or computer game for reclassification (1) If: (a) the Board proposes to reclassify a publication, film or computer game under section 39 of the Commonwealth Act, and (b) the publisher of the publication, film or computer game resides in New South Wales or has an office in New South Wales, the Director may, by notice in writing given to the publisher, require the publisher to submit a copy of the publication, film or computer game for the purpose of reclassifying it. (2) A person to whom such a notice is given must comply with the notice within 3 business days after it is given. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) It is a defence to a prosecution for an offence under this section to prove that the defendant did not have a copy of the publication, film or computer game. 48B Obtaining copies for review (1) 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 publication, film or computer game concerned, and (b) the Board or Review Board does not have a copy of the publication, film or computer game and a copy is not available to it, and (c) the original applicant or the publisher of the publication, film or computer game resides in New South Wales or has an office in New South Wales, the Convenor may, by notice in writing given to the original applicant or publisher, require the original applicant or publisher to make a copy of the publication, film or computer game available for the purpose of the review. (2) A person to whom such a notice is given must comply with the notice within 3 business days after it is given. Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation. (3) It is a defence to a prosecution for an offence under this section to prove that the defendant did not have a copy of the publication, film or computer game. Division 2 Restricted publications areas 49 Requirements relating to construction and management In order for any premises (or part of any premises) to be a restricted publications area, the following requirements must be complied with: (a) the premises must be so constructed that no part of the interior of the premises is visible to any person outside the premises, (b) each entrance to the premises must be fitted with a gate or door capable of excluding persons from the interior of the premises, and the premises must be kept closed by means of any such gate or door at all times while the premises are closed to the public, (c) the proprietor of the premises, or some other adult person appointed by the proprietor for that purpose, must remain on or near the premises, and must be in charge of the premises, at all times while the premises are open to the public, (d) at each entrance to the premises there must be prominently displayed, so as to be able to be read from outside the premises, a notice, printed in clearly legible letters at least 15 mm in height, containing the following words: RESTRICTED PUBLICATIONS AREA—PERSONS UNDER 18 MAY NOT ENTER. MEMBERS OF THE PUBLIC ARE WARNED THAT SOME MATERIAL DISPLAYED IN THIS AREA MAY CAUSE OFFENCE. 50 Minors not permitted to enter restricted publications areas (1) The person in charge of a restricted publications area must not permit a minor to enter the area. Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation. (2) It is a defence to a prosecution for an offence under this section to prove that the defendant believed on reasonable grounds that the minor was an adult. Division 3 Exemptions 51 (Repealed) 52 General exemption for law enforcement agencies and certain other persons Nothing in this Act makes it an offence: (a) for a member or officer of a law enforcement agency (within the meaning of the Criminal Records Act 1991) to publish or deliver any film, publication or computer game in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under any Act or law, or (b) for any person to publish or deliver any film, publication or computer game in the exercise or performance of a power, function or duty (as conferred or imposed on the person by or under any Act or law) relating to the classification of such material. 53 Exemptions for public libraries (1) In this section: MA material means a film, or computer game, classified MA 15+. public library means the State Library of New South Wales or a local library within the meaning of the Library Act 1939. restricted material means: (a) a film, or computer game, classified R 18+, and (b) a publication classified Category 1 restricted or Category 2 restricted. (2) A public library, or any person employed in a public library, does not commit an offence under this Act in respect of any MA material or restricted material that is held in the library if the following requirements are complied with (whether by way of library rules or otherwise): (a) the display or perusal of MA material and restricted material, and access to such material by members of the public, must be restricted in an appropriate manner, (b) MA material and restricted material must not be screened or demonstrated in the library in the presence of members of the public, (c) minors must not be permitted to borrow restricted material, (d) minors under 15 must not be permitted to borrow MA material without parental or guardian consent. (3) In order to comply with subsection (2) (c), it is sufficient that: (a) the person borrowing the restricted material from the library (the borrower) produced to the person responsible for lending the material documentary evidence that might reasonably be accepted as applying to the borrower and as showing that the borrower was 18 or older, or (b) the person responsible for lending the material believed on reasonable grounds that the borrower was 18 or older. (4) In order to comply with subsection (2) (d), it is sufficient that: (a) the person borrowing the MA material from the library (the borrower) produced to the person responsible for lending the material documentary evidence that might reasonably be accepted as applying to the borrower and as showing that the borrower was 15 or older, or (b) the person responsible for lending the material believed on reasonable grounds that the borrower was 15 or older (or that parental or guardian consent has been given). Division 4 Miscellaneous 54 Power to demand particulars (1) A person who: (a) exhibits, sells or delivers a film to another person (or is about to exhibit, sell or deliver a film to another person), or (b) demonstrates, sells or delivers a computer game to another person (or is about to demonstrate, sell or deliver a computer game to another person), may, if the person has reasonable cause to suspect that the exhibition, demonstration, sale or delivery to the other person is, or would be, in contravention of this Act, demand the name, age and address of the other person. (2) A police officer who has reasonable cause to suspect that the exhibition,