Western Australia: 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.] Part 1 — Preliminary 1. Short title This Act may be cited as the Classification (Publications, Films and Computer Games) Enforcement Act 1996 1. [Section 1 amended: No. 10 of 2006 s. 4(1).] 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation 1. 3. Terms used In this Act, unless the contrary intention appears — acceptable proof of age, in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person and as showing that the person is an adult; adult means a person who is 18 years of age 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(1) of the Commonwealth Act; approved advertisement means an advertisement approved under section 29 of the Commonwealth Act; approved form means a form approved under section 8A of the Commonwealth Act; article includes — (a) a publication; and (b) a film; and (c) a computer programme and associated data; and (d) a photograph; and (e) an object; and (f) a sound recording; and (g) an advertisement for any article; authorised person means a person appointed under section 112(1); Board means the Classification Board established by the Commonwealth Act; business day means a day other than a Saturday, a Sunday, or a public holiday; buy means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire and cause or permit to be bought or exchanged or hired, whether by retail or wholesale; classified means classified under the Commonwealth Act and includes reclassified under that 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, in relation to a computer game, means material that would be likely to cause it to be classified M, MA 15+, R 18+ or RC; Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act; demonstrate includes exhibit, display, screen, play or make available for playing; Deputy Director means Deputy Director of the Classification Board appointed under section 48 of the Commonwealth Act; determined markings means markings determined under section 8(1)(a) of the Commonwealth Act; Director means 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, in relation to a film, means project or screen; film has the same meaning as in the Commonwealth Act; 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 years of age; place includes vacant land, premises, a vehicle, a vessel and an aircraft (except a vessel on an international voyage or an aircraft on an international flight); publication has the same meaning as in the Commonwealth Act; public place includes — (a) a place to which free access is allowed to the public with the express or implied approval of the owner or occupier of that place; and (b) a place to which the public are admitted on payment of consideration; and (c) a place on private property that the public are allowed to use as a thoroughfare for pedestrians or vehicles, or both; and (d) a public place covered by water; and (e) a school; publish includes sell, exhibit, display, distribute and demonstrate; registered person means a person registered under section 129; registered premises means premises registered under section 130; Registrar means the Registrar appointed under section 128A; Review Board means the Classification Review Board established by the Commonwealth Act; sell includes — (a) sell, whether by retail or wholesale; and (b) let on hire; and (c) expose for sale or hire; and (d) distribute for sale or letting on hire; and (e) offer or agree to do an act mentioned in paragraphs (a) to (d); and (f) cause or permit to be done an act mentioned in paragraphs (a) to (e); sound recording includes a gramophone record, wire, disc, recording tape or other device or thing by or on which words or sounds are recorded and from which they are capable of being reproduced; submittable publication has the same meaning as in the Commonwealth Act and includes a publication called in by the Director under section 102A. [Section 3 amended: No. 30 of 2003 s. 5; No. 10 of 2006 s. 5 and 12; No. 21 of 2010 s. 7, 17 and 28; No. 53 of 2012 s. 4; No. 36 of 2016 s. 4.] 4. Exhibiting a film in a public place, defined For the purposes of this Act, a person is taken to exhibit a film in a public place if the person — (a) arranges or conducts the exhibition of the film in the public place; or (b) supervises or manages the public place in which the film is exhibited. 5. Sound recordings, general provisions about For the purposes of this Act — (a) a sound recording is taken to be indecent or obscene if the words or sounds capable of being reproduced from the sound recording are indecent or obscene; and (b) publication, in the case of a sound recording, includes the supply of the sound recording to any person or the playing of the sound recording in the hearing of any person. 6A. Display of determined markings and consumer advice For the purposes of this Act, a publication, film or computer game is taken not to display determined markings or consumer advice unless the markings are, or advice is, displayed in accordance with any determinations under the Commonwealth Act section 8. [Section 6A inserted: No. 36 of 2016 s. 5.] 6. Application of Act (1) In this section — subject to a conditional cultural exemption has the meaning given in the Commonwealth Act section 5. (2) This Act does not apply to — (a) broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies; or (b) exempt films or exempt computer games. (3) If a publication, film or computer game is subject to a conditional cultural exemption in relation to a demonstration, exhibition or screening (the relevant showing), this Act does not apply to, or in relation to, that relevant showing. [Section 6 inserted: No. 30 of 2003 s. 6; amended: No. 36 of 2016 s. 6.] 7. 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. [Section 7 inserted: No. 21 of 2010 s. 18.] [Parts 2‑6 (s. 8‑56) deleted: No. 30 of 2003 s. 7.] Part 7 — Offences Division 1 — Indecent or obscene articles [Heading amended: No. 21 of 2010 s. 8.] 57. Division does not apply to certain articles This Division does not apply to — (a) a publication that is classified Unrestricted, Category 1 restricted or Category 2 restricted; or (b) a film that is classified G, PG, M, MA 15+, R 18+ or X 18+; or (c) a computer game that is classified G, PG, M, MA 15+ or R 18+; or (d) an approved advertisement. [Section 57 amended: No. 30 of 2003 s. 8; No. 10 of 2006 s. 13; No. 53 of 2012 s. 5.] 58. Literary etc. merit or bona fide medical article, defence of It is a defence to a charge of an offence in this Division to prove that the article concerned is — (a) an article of recognized literary, artistic or scientific merit; or (b) a bona fide medical article, and that publishing the article is justified as being for the public good. 59. Indecent or obscene articles, offences as to (1) A person must not — (a) with intent to sell or supply the article or the copy to another, possess or copy; or (b) sell or supply, or offer to sell or supply, to another, an indecent or obscene article. (2) A person must not publish anything likely to be understood as conveying that the person publishes or supplies indecent or obscene articles. (3) A person must not display, exhibit or demonstrate an indecent or obscene article in a public place. (4) A person must not display, exhibit or demonstrate an indecent or obscene article so as to be visible in a public place. (5) A person must not possess or copy an indecent or obscene article. (6) A person must not leave in or upon any place an indecent or obscene article. (7) A person who contravenes subsection (1) or (3) commits an offence and is liable to a penalty of $10 000. (8) A person who contravenes subsection (2), (4), (5) or (6) commits an offence and is liable to a penalty of $5 000. (9) In proceedings for an offence against subsection (1), evidence that a person had possession of, or made, 10 or more copies of an indecent or obscene article is evidence that the person intended to sell the article and, in the absence of evidence to the contrary, is proof of that fact. [Section 59 amended: No. 30 of 2003 s. 41(1).] [60. Deleted: No. 21 of 2010 s. 9.] Division 2 — Publications [Heading inserted: No. 30 of 2003 s. 9.] 61. Sale or supply of submittable or RC publications (1) A person must not sell or supply — (a) a submittable publication; or (b) a publication classified RC. Penalty: $15 000 or imprisonment for 18 months. (2) It is a defence to a prosecution for an offence against subsection (1)(a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted. (3) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified RC, as the case may be. [Section 61 inserted: No. 30 of 2003 s. 9; amended: No. 84 of 2004 s. 82.] 62. Possession or copying of RC publications A person must not possess or copy a publication classified RC. Penalty: $10 000. [Section 62 inserted: No. 30 of 2003 s. 9.] 63. Possession or copying of submittable publications with intention of selling (1) A person must not possess or copy a submittable publication with the intention of selling the publication or the copy. Penalty: $15 000 or imprisonment for 18 months. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted. (3) In proceedings for an offence against subsection (1), evidence that a person had possession of, or made, 10 or more copies of a submittable publication is evidence that the person intended to sell the publication and, in the absence of evidence to the contrary, is proof of that fact. [Section 63 inserted: No. 30 of 2003 s. 9.] 64. Category 1 restricted publications, offences as to (1) A person must not display, sell or supply a publication that is classified Category 1 restricted except in registered premises. Penalty: $2 000. (2) A person, other than a registered person, must not possess or copy a publication that is classified Category 1 restricted with the intention of selling the publication or copy. Penalty: $2 000. (3) In proceedings for an offence against subsection (2), evidence that a person had possession of, or made, 10 or more copies of a publication classified Category 1 restricted is evidence that the person intended to sell the publication and, in the absence of evidence to the contrary, is proof of that fact. (4) Subject to subsection (5), a person must not sell or supply a publication classified Category 1 restricted unless — (a) on supply it is contained in a wrapper made of plain opaque material; and (b) both the publication and the wrapper display the determined markings. Penalty: $2 000. (5) For the purposes of subsection (4), plain does not include the title of the publication. (6) If — (a) a publication is reclassified under section 39 or 97A of the Commonwealth Act; or (b) the Board revokes a classification for a publication under section 22B(3) of that Act; or (c) the Board revokes a classification for a publication under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act, it is sufficient compliance with subsection (4) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication displays the determined markings applicable to the publication before that reclassification or revocation. [Section 64 inserted: No. 30 of 2003 s. 9; amended: No. 36 of 2016 s. 7.] 65. Category 2 restricted publications, offences as to (1) A person must not display, sell or supply a publication that is classified Category 2 restricted except in registered premises. Penalty: $5 000. (2) A person, other than a registered person, must not possess or copy a publication that is classified Category 2 restricted with the intention of selling the publication or copy. Penalty: $5 000. (3) In proceedings for an offence against subsection (2), evidence that a person had possession of, or made, 10 or more copies of a publication classified Category 2 restricted is evidence that the person intended to sell the publication and, in the absence of evidence to the contrary, is proof of that fact. (4) A person must not sell or supply a publication that is classified Category 2 restricted to a person unless that person has made a direct request for the publication. Penalty: $5 000. (5) A person must not sell or supply a publication that is classified Category 2 restricted unless it is contained in a package made of opaque material. Penalty: $5 000. (6) A person must not sell, supply or publish a publication that is classified Category 2 restricted unless both the publication and the package it is contained in display the determined markings. Penalty: $5 000. (7) If — (a) a publication is reclassified under section 39 or 97A of the Commonwealth Act; or (b) the Board revokes a classification for a publication under section 22B(3) of that Act; or (c) the Board revokes a classification for a publication under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act, it is sufficient compliance with subsection (6) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication and the package display the determined markings applicable to the publication before that reclassification or revocation. [Section 65 inserted: No. 30 of 2003 s. 9; amended: No. 36 of 2016 s. 8.] 65A. Sale or supply 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 supply the publication except in accordance with that condition. Penalty: $5 000. [Section 65A inserted: No. 30 of 2003 s. 9.] 65B. 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. Penalty: $2 000. [Section 65B inserted: No. 30 of 2003 s. 9.] 65C. 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. Penalty: $5 000. (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. Penalty: $5 000. (3) If — (a) a publication is reclassified under section 39 or 97A of the Commonwealth Act; or (b) the Board revokes a classification for a publication under section 22B(3) of that Act; or (c) the Board revokes a classification for a publication under section 22CH(1) of that Act and classifies it under section 22CH(4) 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 displays the determined markings applicable to the publication before that reclassification or revocation. [Section 65C inserted: No. 30 of 2003 s. 9; amended: No. 36 of 2016 s. 9.] 65D. Sale of restricted publications to minors (1) A person must not sell or supply to a minor a publication classified Category 2 restricted. Penalty: $15 000 or imprisonment for 18 months. (2) A person must not sell or supply to a minor a publication classified Category 1 restricted, unless the person is a parent or guardian of the minor. Penalty: $5 000. (3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the minor produced to the accused acceptable proof of age before the accused sold or supplied the publication to the minor and the accused believed on reasonable grounds that the minor was an adult. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) for the supply of a publication to a minor, to prove that the minor was employed by the person who supplied the publication and the supply took place in the course of that employment. (5) A minor who is 15 years of age or older must not buy a publication classified Category 1 restricted or Category 2 restricted, knowing that it is so classified. Penalty: $200. [Section 65D inserted: No. 30 of 2003 s. 9; amended: No. 84 of 2004 s. 82.] 65E. Leaving certain 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. Penalty: $10 000. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that — (a) since the offence was alleged to have been committed, the publication has been classified Unrestricted; or (b) the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified Category 1 restricted, Category 2 restricted or RC, as the case may be; or (c) in the case of a publication classified Category 1 restricted, the publication was displayed on registered premises and the publication and packaging complied with section 64(4); or (d) in the case of a publication classified Category 2 restricted, the publication was displayed on registered premises and was not visible from outside those premises or by a minor in the premises. (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. Penalty: $5 000. (4) It is a defence to a prosecution for an offence against subsection (3)(a) to prove that since the offence was alleged to have been committed, the publication has been classified Unrestricted. (5) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified Category 1 restricted, Category 2 restricted or RC, as the case may be. [Section 65E inserted: No. 30 of 2003 s. 9; amended: No. 84 of 2004 s. 82.] Division 3 — Films 66. Exhibition of film in public place, offences as to (1) A person must not exhibit a film in a public place unless the film — (a) is classified; and (b) is exhibited with the same title as that under which it is classified; and (c) is exhibited in the form, without alteration or addition, in which it is classified. Penalty: $10 000. (2) Subsection (1) is not contravened by reason only of the 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 a modification referred to in section 21(2) or (3) of the Commonwealth Act. [Section 66 amended: No. 30 of 2003 s. 41(2); No. 21 of 2010 s. 19; No. 36 of 2016 s. 10.] 67. Notice about classifications for films to be displayed at cinemas etc. (1) A person who exhibits a film in a public place must keep a notice in the approved form about classifications for films on display in a prominent place in that public place so that the notice is clearly visible to the public. Penalty: $1 000. [(2) deleted] [Section 67 amended: No. 30 of 2003 s. 40 and 41(2).] 68. RC films not to be exhibited A person must not exhibit in any place — (a) an unclassified film that would, if classified, be classified RC; or (b) a film classified RC. Penalty: $15 000 or imprisonment for 18 months. [Section 68 amended: No. 30 of 2003 s. 41(2).] 69. X 18+ films, exhibition of (1) A person must not exhibit in a public place a film classified X 18+. Penalty: $10 000. (2) A person must not exhibit so that it can be seen from a public place that is outside the place where it is exhibited — (a) an unclassified film that would, if classified, be classified X 18+; or (b) a film classified X 18+. Penalty: $5 000. (3) A person must not exhibit in a place that is not a public place, in the presence of a minor — (a) an unclassified film that would, if classified, be classified X 18+; or (b) a film classified X 18+. Penalty: $5 000. (4) It is a defence to a charge of an offence against subsection (3) for the person charged to prove that the person believed on reasonable grounds that the minor was an adult. [Section 69 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 14.] 70. R 18+ and MA 15+ films, exhibition of (1) A person must not exhibit so that it can be seen from a public place that is outside the place where it is exhibited — (a) an unclassified film that would, if classified, be classified R 18+ or MA 15+; or (b) a film classified R 18+ or MA 15+. Penalty: $2 000. (2) The Minister may, by notice published in the Government Gazette and served on the exhibitor of the film, exempt an exhibitor of films from subsection (1) on such conditions as are specified in the notice. (3) A person must not exhibit in a place that is not a public place, in the presence of a minor — (a) an unclassified film that would, if classified, be classified R 18+; or (b) a film classified R 18+, unless the person is a parent or guardian of the minor. Penalty: $2 000. (4) It is a defence to a charge of an offence against subsection (3) for the person charged to prove that the person believed on reasonable grounds that the minor was an adult. [Section 70 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 15.] 71. Attendance of minor at RC, X 18+ or R 18+ films (1) Any adult who knows that — (a) an unclassified film that would, if classified, be classified RC, X 18+ or R 18+; or (b) a film classified RC, X 18+ or R 18+, is to be exhibited in a public place, must not permit a minor to attend the exhibition of the film. Penalty: $5 000. (2) A minor who is 15 years of age or older must not attend the exhibition in a public place of a film classified RC, X 18+ or R 18+, knowing that the film is so classified. Penalty: $200. (3) A person must not exhibit in a public place a film classified R 18+ if a minor is present during any part of the exhibition. Penalty: $5 000. (4) It is a defence to a charge of an offence against subsection (3) for the person charged to prove that — (a) the minor produced to the person charged or that person's employee or agent acceptable proof of age before the minor was admitted to the public place; or (b) the person charged or that person's employee or agent believed on reasonable grounds that the minor was an adult. [Section 71 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 16.] 72. Attendance of minor at MA 15+ film (1) A person must not exhibit in a public place a film classified MA 15+ if — (a) a minor under 15 years of age is present during any part of the exhibition; and (b) the minor is not accompanied by his or her parent or guardian. Penalty: $1 000. (2) For the purposes of subsection (1) — (a) a minor does not cease to be accompanied if his or her parent or guardian is temporarily absent from the exhibition of the film; 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 charge of an offence against subsection (1) for the person charged to prove that — (a) the person charged or that person's employee or agent took all reasonable steps to ensure that a minor was not present in contravention of subsection (1); or (b) the person charged or that person's employee or agent believed on reasonable grounds that the minor was 15 years of age or older; or (c) the person charged or that person's employee or agent believed on reasonable grounds that the person accompanying the minor was the minor's parent or guardian. [Section 72 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 17.] 73. Unclassified, RC and X 18+ films, sale of A person must not sell an unclassified film or a film classified RC or X 18+. Penalty: $15 000 or imprisonment for 18 months. [Section 73 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 18.] 74. Classified films, sale of (1) A person must not sell a classified film unless the film is sold — (a) under the same title as that under which it is classified; and (b) in the form, without alteration or addition, in which it is classified. Penalty: $10 000. (2) Subsection (1) is not contravened by reason only of the sale 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 a modification referred to in section 21(2) or (3) of the Commonwealth Act. [Section 74 amended: No. 30 of 2003 s. 41(2); No. 21 of 2010 s. 20; No. 36 of 2016 s. 11.] 75. Notice about classifications for films to be displayed at place of sale (1) A person who sells films on any premises must keep a notice in the approved form about classifications for films on display in a prominent place on the premises so that the notice is clearly visible to the public. Penalty: $1 000. [(2) deleted] [Section 75 amended: No. 30 of 2003 s. 40 and 41(2).] 76. Markings etc. on films for sale, offences as to (1) A person must not sell a film unless the determined markings relevant to the classification of the film and the relevant consumer advice, if any, are displayed on the container, wrapping or casing of the film. Penalty: $5 000. (2) A person must not sell an unclassified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film has been classified. Penalty: $5 000. (3) A person must not sell a classified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film is unclassified or has a different classification. Penalty: $5 000. (4) If — (a) a film is reclassified under section 39 or 97A of the Commonwealth Act; or (b) the Board revokes a classification or consumer advice for a film under section 22B(3) of that Act; or (c) the Board revokes a classification for a film under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act, display of the determined markings and consumer advice applicable to the film before that classification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect. [Section 76 amended: No. 30 of 2003 s. 10 and 41(2); No. 36 of 2016 s. 12.] 77. Unclassified, RC or X 18+ films not to be kept where classified films are sold (1) If a person keeps or possesses an unclassified film or a 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. Penalty: $5 000. (2) It is a defence to a charge of an offence against subsection (1) for the person charged to prove that the person did not know, and could not reasonably have known, that the film was on the premises. [Section 77 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 19.] 78. R 18+ films, containers etc., display of in public A person must not display in a public place — (a) a film classified R 18+; or (b) the container, wrapping or casing for a film classified R 18+, with the intention of selling the film except in an area of the public place set aside by that person, and conspicuously identified, as an area for the display of films, or containers, wrapping or casings for films, with that classification. Penalty: $500. [Section 78 inserted: No. 30 of 2003 s. 11; No. 10 of 2006 s. 20.] 79. Sale or supply of certain films to minors (1) A person must not sell or supply to a minor a film classified R 18+, unless the person is a parent or guardian of the minor. Penalty: $5 000. (2) It is a defence to a charge of an offence against subsection (1) for the person charged to prove that — (a) the minor produced to the person charged or that person's employee or agent acceptable proof of age before the person charged sold or supplied the film to the minor and the person charged or that person's employee or agent believed on reasonable grounds that the minor was an adult; or (b) the minor was employed by the person charged or that person's employer and the supply took place in the course of that employment. (3) A minor who is 15 years of age or older must not buy a film classified RC, X 18+ or R 18+ knowing that it is so classified. Penalty: $200. (4) A person must not sell or supply to a minor under 15 years of age a film classified MA 15+ unless the person is a parent or guardian of the minor. Penalty: $2 000. (5) It is a defence to a charge of an offence against subsection (4) for the person charged to prove that the person charged or that person's employee or agent believed on reasonable grounds that the minor was 15 years of age or older. (6) A person must not supply to a minor a film classified X 18+ or RC or an unclassified film which would, if classified, be classified X 18+ or RC. Penalty: $15 000 or imprisonment for 18 months. [Section 79 amended: No. 30 of 2003 s. 12 and 41(2); No. 10 of 2006 s. 21.] 80. Leaving certain films in certain places A person must not leave in a public place or, without the occupier's permission, on private premises — (a) an unclassified film that would, if classified, be classified X 18+; or (b) a film classified X 18+, knowing that the film is, or would be, so classified. Penalty: $5 000. [Section 80 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 22.] 81. Possessing or copying certain films (1) A person must not possess or copy — (a) an unclassified film that would, if classified, be classified RC; or (b) a film classified RC. Penalty: $10 000. (2) A person must not possess or copy — (a) an unclassified film that would, if classified, be classified X 18+, R 18+ or MA 15+; or (b) a film classified X 18+, with the intention of selling the film or the copy, or exhibiting the film or the copy in a public place. Penalty: $10 000. (3) In proceedings for an offence against subsection (2), evidence that a person had possession of, or made, 10 or more copies of a film is evidence that the person intended to sell or exhibit the film and, in the absence of evidence to the contrary, is proof of that fact. [Section 81 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 23.] Division 4 — Computer games 82. Selling or demonstrating computer games in public place (1) A person must not sell or demonstrate a computer game in a public place unless the computer game — (a) is classified; and (b) is sold or distributed with the same title as that under which it is classified; and (c) is sold or distributed in the form, without alteration or addition, in which it is classified. Penalty: $10 000. (2) Subsection (1) is not contravened by reason only of the sale or demonstration of a computer game with a modification referred to in the Commonwealth Act section 21(2) or (3). [Section 82 amended: No. 30 of 2003 s. 41(2); No. 36 of 2016 s. 13.] 83. Notice about classifications for computer games to be displayed at place of sale etc. (1) A person who sells or demonstrates a computer game in a public place must keep a notice in the approved form about classifications for computer games on display in a prominent place in that public place so that the notice is clearly visible to the public. Penalty: $1 000. [(2) deleted] [Section 83 amended: No. 30 of 2003 s. 40 and 41(2).] 84. RC and R 18+ computer games, sale etc. of (1) A person must not sell or demonstrate — (a) an unclassified computer game that would, if classified, be classified RC; or (b) a computer game classified RC. Penalty: $15 000 or imprisonment for 18 months. (2) A minor who is 15 years of age or older must not buy a computer game classified RC or R 18+, knowing that it is so classified. Penalty: $200. [Section 84 amended: No. 30 of 2003 s. 41(2); No. 53 of 2012 s. 6.] 85. R 18+ and MA 15+ computer games, demonstration of (1) A person must not demonstrate a computer game classified R 18+ or MA 15+ in a public place. Penalty: $5 000. (2) A person must not demonstrate so that it can be seen from a public place — (a) an unclassified computer game that would, if classified, be classified R 18+ or MA 15+; or (b) a computer game classified R 18+ or MA 15+. Penalty: $2 000. (3A) A person must not demonstrate in a place that is not a public place, in the presence of a minor — (a) an unclassified computer game that would, if classified, be classified R 18+; or (b) a computer game classified R 18+, unless that person is a parent or guardian of the minor. Penalty: a fine of $2 000. (3B) It is a defence to a charge of an offence against subsection (3A) for the person charged to prove that the person believed on reasonable grounds that the minor was an adult. (3) A person must not demonstrate in a place that is not a public place, in the presence of a minor under 15 years of age — (a) an unclassified computer game that would, if classified, be classified MA 15+; or (b) a computer game classified MA 15+, unless that person is a parent or guardian of the minor. Penalty: $2 000. (4) It is a defence to a charge of an offence against subsection (3) for the person charged to prove that the person believed on reasonable grounds that the minor was 15 years of age or older. [Section 85 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 24; No. 53 of 2012 s. 7.] 85A. R 18+ and MA 15+ computer games, containers etc., display of in public A person must not display in a public place — (a) a computer game classified R 18+ or MA 15+; or (b) the container, wrapping or casing for a computer game classified R 18+ or MA 15+, with the intention of selling or supplying the computer game except in an area of the public place set aside by that person and conspicuously identified, as an area for the display of computer games, or containers, wrapping or casings for computer games, with that classification. Penalty: $500. [Section 85A inserted: No. 10 of 2006 s. 37; amended: No. 53 of 2012 s. 8.] 86. Markings etc. on computer games, offences as to (1) A person must not sell a computer game unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the computer game. Penalty: $5 000. (2) A person must not sell an unclassified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game has been classified. Penalty: $5 000. (3) A person must not sell a classified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification. Penalty: $5 000. (4) 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. Penalty: $5 000. (5) If 2 or more computer games are available for playing on a device referred to in subsection (4), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act. (6) If — (a) a computer game is reclassified under section 39 of the Commonwealth Act; or (b) the Board revokes a classification or consumer advice for a computer game under section 22B(3) of that Act; or (c) the Board revokes a classification for a computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) 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. [Section 86 amended: No. 30 of 2003 s. 13 and 41(2); No. 36 of 2016 s. 14.] 87. Unclassified or RC computer games not to be kept where classified computer games are sold etc. (1) If a person keeps or possesses an unclassified computer game or a computer game classified RC on any premises where classified computer games are sold or demonstrated, the person and the occupier of the premises are each guilty of an offence. Penalty: $5 000. (2) It is a defence to a charge of an offence against subsection (1) for the person charged to prove that the person did not know, and could not reasonably have known, that the computer game was on the premises. [Section 87 amended: No. 30 of 2003 s. 41(2).] 88. Sale or supply of certain computer games to minors (1A) A person must not sell or supply to a minor a computer game classified R 18+ unless the person is a parent or guardian of the minor. Penalty: a fine of $5 000. (1B) It is a defence to a charge of an offence against subsection (1A) for the person charged to prove that — (a) the minor produced to the person charged or that person's employee or agent acceptable proof of age before the person charged sold or supplied the computer game to the minor and the person charged or that person's employee or agent believed on reasonable grounds that the minor was an adult; or (b) the minor was employed by the person charged or that person's employer and the supply took place in the course of that employment. (1) A person must not sell or supply to a minor who is under 15 years of age a computer game classified MA 15+ unless the person is a parent or guardian of the minor. Penalty: $5 000. (2) It is a defence to a charge of an offence against subsection (1) for the person charged to prove that the person charged or that person's employee or agent believed on reasonable grounds that the minor was 15 years of age or older. (3) A person must not supply to a minor a computer game classified RC or an unclassified computer game which would, if classified, be classified RC. Penalty: $15 000 or imprisonment for 18 months. [Section 88 amended: No. 30 of 2003 s. 14 and 41(2); No. 10 of 2006 s. 25; No. 53 of 2012 s. 9.] 89. Possessing or copying certain computer games (1) A person must not possess or copy — (a) an unclassified computer game that would, if classified, be classified RC; or (b) a computer game classified RC. Penalty: $10 000. (2) A person must not possess or copy an unclassified computer game that would, if classified, be classified R 18+ or MA 15+ with the intention of selling the computer game or the copy or demonstrating the computer game or the copy in a public place. Penalty: $10 000. (3) A person must not possess or copy a computer game classified R 18+ or MA 15+ with the intention of demonstrating the computer game or the copy in a public place. Penalty: $5 000. (4) In proceedings for an offence against subsection (2) or (3), evidence that a person had possession of, or made, 10 or more copies of a computer game is evidence that the person intended to sell or demonstrate the computer game and, in the absence of evidence to the contrary, is proof of that fact. [Section 89 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 26; No. 53 of 2012 s. 10.] Division 5 — Advertisements 90. Certain advertisements not to be published (1) A person must not publish an unapproved advertisement for a publication or film or computer game. Penalty: $5 000. (2) In subsection (1) — unapproved advertisement means an advertisement that — (a) has not been submitted for approval under section 29 of the Commonwealth Act and, if submitted, would be refused approval; or (b) has been refused approval under section 29 of the Commonwealth Act; or (c) was approved under section 29 of the Commonwealth Act but the approval was revoked under section 13(5) or 21A of that Act. (3) 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. Penalty: a fine of $5 000. [Section 90 amended: No. 30 of 2003 s. 15 and 41(2); No. 21 of 2010 s. 29.] 91. Certain films etc. not to be advertised (1) A person must not publish an advertisement for — [(a) deleted] (b) a film classified RC or X 18+; or [(c) deleted] (d) a computer game classified RC; or (e) a submittable publication; or (f) a publication classified RC. Penalty: $5 000. (2A) A person must not publish an advertisement for an unclassified film or an unclassified computer game otherwise than in accordance with the advertising scheme. Penalty: a fine of $5 000. (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 must be taken to have published it. [Section 91 amended: No. 30 of 2003 s. 16 and 41(2); No. 10 of 2006 s. 27; No. 21 of 2010 s. 30.] 92. Which advertisements of films etc. can be screened with feature films (1) A person must not screen in a public place an advertisement for a classified film during a programme for the exhibition of another classified film (the feature film) unless the feature film has a classification specified in column 1 of an item in the Table and the advertised film has a classification specified opposite it in column 2 of that item. Table Item Column 1 Column 2 Feature film Advertised film 1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G Penalty: $2 000. (2) A person must not exhibit in a public place an advertisement for a classified computer game during a programme for the exhibition of a classified film unless the film has a classification specified in column 1 of an item in the Table and the advertised computer game has a classification specified opposite it in column 2 of that item. Table Item Column 1 Column 2 Film Advertised computer game 1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G Penalty: $2 000. (3) A person must not exhibit in a public place an advertisement for an unclassified film or an unclassified computer game during a programme for the exhibition of a classified film unless the exhibition of that advertisement with the classified film complies with the advertising scheme. Penalty: $5 000. [Section 92 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 28; No. 21 of 2010 s. 31; No. 53 of 2012 s. 11.] 93. Advertisements for R 18+ or MA 15+ films, screening of (1) An occupier of a public place must not screen in the public place an advertisement for a film classified R 18+ or MA 15+. Penalty: $2 000. (2) It is a defence to a charge of an offence against subsection (1) for the person charged to prove that — (a) if the advertised film is classified MA 15+, the advertisement was screened during a programme for the exhibition of a film classified R 18+ or MA 15+; or (b) if the advertised film is classified R 18+, the advertisement was screened during a programme for the exhibition of a film classified R 18+. [Section 93 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 29.] 94. Classified films not to be sold with certain advertisements (1) A person must not sell a classified film (the feature film) that is accompanied by an advertisement for another classified film unless the feature film has a classification specified in column 1 of an item in the Table and the advertised film has a classification specified opposite it in column 2 of that item. Table Item Column 1 Column 2 Feature film Advertised film 1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G Penalty: $2 000. (2) A person must not sell a classified film that is accompanied by an advertisement for a classified computer game unless the film has a classification specified in column 1 of an item in the Table and the advertised computer game has a classification specified opposite it in column 2 of that item. Table Item Column 1 Column 2 Film Advertised computer game 1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G Penalty: $2 000. (3) A person must not sell a classified film that is accompanied by an advertisement for an unclassified film or an unclassified computer game unless the sale of the classified film with that advertisement complies with the advertising scheme. Penalty: $5 000. [Section 94 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 30; No. 21 of 2010 s. 32; No. 53 of 2012 s. 12.] 95. Classified computer games not to be sold with certain advertisements (1) A person must not sell a classified computer game (the main game) that is accompanied by an advertisement for another classified computer game unless the main game has a classification specified in column 1 of an item in the Table and the advertised computer game has a classification specified opposite it in column 2 of that item. Table Item Column 1 Column 2 Main game Advertised computer game 1 G G 2 PG G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G Penalty: $2 000. (2) A person must not sell a classified computer game that is accompanied by an advertisement for a classified film unless the computer game has a classification specified in column 1 of an item in the Table and the advertised film has a classification specified opposite it in column 2 of that item. Table Item Column 1 Column 2 Computer game Advertised film 1 G G 2 PG PG or G 3 M M, PG or G 4 MA 15+ MA 15+, M, PG or G 5 R 18+ R 18+, MA 15+, M, PG or G Penalty: $2 000. (3) A person must not sell a classified computer game that is accompanied by an advertisement for an unclassified film or an unclassified computer game unless the sale of the classified computer game with that advertisement complies with the advertising scheme. Penalty: $5 000. [Section 95 amended: No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 31; No. 21 of 2010 s. 33; No. 53 of 2012 s. 13.] 96. Illegal advertisements for classified articles not to be published (1) A person must not publish an illegal advertisement for a classified publication or a classified film or a classified computer game. Penalty: $2 000. (2) In subsection (1) — illegal advertisement means an advertisement that does not — (a) contain the determined markings relevant to the classification of the publication or film or computer game and relevant consumer advice, if any; and (b) display the determined markings and consumer advice — (i) in accordance with any determinations 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. (3) If — (a) a publication, film or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or (b) the Board revokes a classification or consumer advice for a publication, film or computer game under section 22B(3) of that Act; or (c) the Board revokes a classification for a publication, film or computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act, display of the determined markings and consumer advice applicable to the publication, film 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. [Section 96 amended: No. 30 of 2003 s. 17 and 41(2); No. 21 of 2010 s. 21; No. 36 of 2016 s. 15.] 97. Misleading or deceptive advertisements (1) A person must not publish an advertisement for an unclassified publication or an unclassified film or an unclassified computer game with a marking that indicates or suggests that the publication, film or computer game is classified. Penalty: $2 000. (2) A person must not publish an advertisement for a classified publication or a classified film or a classified computer game with a marking that indicates or suggests that the publication, film or computer game is unclassified or has a different classification. Penalty: $2 000. (3) If — (a) a publication, film or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or (b) the Board revokes a classification for a publication, film or computer game under section 22B(3) of that Act; or (c) the Board revokes a classification for a publication, film or computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act, display of the determined markings applicable to the publication, film 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. [Section 97 amended: No. 30 of 2003 s. 18 and 41(2); No. 36 of 2016 s. 16.] 97A. Advertising that Category 1 or 2 restricted publications are for sale etc. (1) A registered person may display in that person's registered premises a notice in the approved form that publications classified Category 1 restricted or Category 2 restricted are available for sale on those premises. (2) Except as provided in this section, a person must not in a public place publish or cause to be published anything likely to be understood as conveying that the person publishes or supplies publications classified Category 1 restricted or Category 2 restricted. Penalty: $5 000. (3) It is a defence to a charge of an offence under subsection (2) for the person charged to prove that the advertising is done in good faith solely for the purpose of so informing only persons, or the employees or agents of persons, whose business is or includes the sale of publications. (4) In subsection (1) — approved form means a notice approved by the Minister. [Section 97A inserted: No. 30 of 2003 s. 19.] 98. Classification symbols etc. to be published with advertisements A person must not publish a publication containing an advertisement for — (a) a film; or (b) a computer game; or (c) a publication classified Category 1 restricted or Category 2 restricted, unless the publication also contains a list of the classification symbols and determined markings for publications, films or computer games respectively. Penalty: $2 000. [Section 98 amended: No. 30 of 2003 s. 20 and 41(2).] Division 6 — Computer services 99. Terms used In this Division — code of practice means a code of practice, as amended from time to time, that is approved and published under section 100; computer service means a service provided by or through the facilities of a computer communication system allowing — (a) the input, output or examination of computer data or computer programmes; or (b) the transmission of computer data or computer programmes from one computer to another; or (c) the transmission of computer data or computer programmes from a computer to a terminal device; objectionable material means — (a) a film classified RC, a computer game classified RC, or a publication classified RC; or [(b) deleted] (c) an article that promotes crime or violence, or incites or instructs in matters of crime or violence; or (d) an article that describes or depicts, in a manner that is likely to cause offence to a reasonable adult — (i) the use of violence or coercion to compel any person to participate in, or submit to, sexual conduct; (ii) sexual conduct with or upon the body of a dead person; (iii) the use of urine or excrement in association with degrading or dehumanizing conduct or sexual conduct; (iv) bestiality; (v) acts of torture or the infliction of extreme violence or extreme cruelty; restricted material means an article that a reasonable adult, by reason of the nature of the article, or the nature or extent of references in the article, to matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena, would regard as unsuitable for a minor to see, read or hear. [Section 99 amended: No. 30 of 2003 s. 21; No. 21 of 2010 s. 10.] 100. Codes of practice, approval of etc. (1) The Minister may approve any code of practice relating to computer services. (2) The Minister must cause a copy of a code of practice approved under subsection (1) to be published in the Government Gazette. (3) The Minister may approve an amendment of a code of practice, and upon publication in the Government Gazette of the approved amendment, the code is taken to be amended accordingly. (4) The Minister may by notice published in the Government Gazette revoke the approval of a code of practice. (5) A code of practice approved and published under this section is a regulation for the purpose of section 42 of the Interpretation Act 1984. 101. Objectionable material, offences as to (1) A person must not use a computer service to — (a) transmit an article knowing it to be objectionable material; or (b) obtain possession of an article knowing it to be objectionable material; or (c) demonstrate an article knowing it to be objectionable material; or (d) advertise that objectionable material is available for transmission; or (e) request the transmission of objectionable material knowing it to be objectionable material. Penalty: $15 000 or imprisonment for 18 months. (2) It is a defence to a charge of an offence against this section to prove that the article concerned is — (a) an article of recognized literary, artistic or scientific merit; or (b) a bona fide medical article, and that transmitting, obtaining possession of, demonstrating, advertising, or requesting the transmission of, the article is justified as being for the public good. [Section 101 amended: No. 30 of 2003 s. 41(2).] 102. Restricted material, offences as to (1) A person must not use a computer service to transmit restricted material to a minor. Penalty: $5 000. (2) A person must not use a computer service to make restricted material available to a minor. Penalty: $5 000. (3) It is a defence to a charge of an offence against subsection (1) or (2) to prove that — (a) the accused complied with a code of practice; or (b) the accused took all reasonable steps in the circumstances to avoid a contravention of the subsection; or (c) the accused believed on reasonable grounds that — (i) the person to whom the accused transmitted the restricted material was not a minor; or (ii) the restricted material would not be made available to a minor. [Section 102 amended: No. 30 of 2003 s. 41(2); No. 84 of 2004 s. 82.] Part 7A — Call‑in provisions [Heading inserted: No. 30 of 2003 s. 22.] 102A. Calling in submittable publications etc. for classification (1) If — (a) the Director or the Minister has reasonable grounds to believe that a publication is a submittable publication; and (b) the publication is being published in Western Australia, or the Director or the Minister has reasonable grounds to believe that it will be published in Western Australia, the Director or the Minister may, by notice in writing given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the Board. (2) The Director must cause notice of his or her decision under subsection (1) to be published in the Commonwealth Gazette. (3) The Minister must cause notice of his or her decision under subsection (1) to be published in the Government Gazette. (4) A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice. Penalty: $10 000. (5) It is a defence to a prosecution for an offence against subsection (4) to pro