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This is a Bill, not an Act. For current law, see the Acts databases.


CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT AMENDMENT (X 18+ FILMS) BILL 2005





                              New South Wales




Classification (Publications, Films and
Computer Games) Enforcement
Amendment (X 18+ Films) Bill 2005


Contents

                                                                              Page
                 1   Name of Act                                                 2
                 2   Commencement                                                2
                 3   Amendment of Classification (Publications, Films and
                     Computer Games) Enforcement Act 1995 No 63                  2
              4      Amendment of Crimes Act 1900 No 40                          2
     Schedule 1      Amendment of Classification (Publications, Films and
                     Computer Games) Enforcement Act 1995                        3




b03-750-37.p04
                              New South Wales




Classification (Publications, Films and
Computer Games) Enforcement
Amendment (X 18+ Films) Bill 2005
No       , 2005


A Bill for

An Act to amend the Classification (Publications, Films and Computer Games)
Enforcement Act 1995 to remove the prohibition on the sale of films classified "X
18+"; to ensure that films classified "X 18+" are only sold from restricted
publications areas; to increase penalties for allowing minors to access adult material;
and for other purposes.
              Classification (Publications, Films and Computer Games) Enforcement
Clause 1      Amendment (X 18+ Films) Bill 2005




The Legislature of New South Wales enacts:                                           1

 1    Name of Act                                                                    2

           This Act is the Classification (Publications, Films and Computer          3
           Games) Enforcement Amendment (X 18+ Films) Act 2005.                      4

 2    Commencement                                                                   5

           This Act commences 30 days after the date of assent or the                6
           commencement of Schedule 1 to the Classification (Publications, Films     7
           and Computer Games) Amendment Act 2004 of the Commonwealth,               8
           whichever is the later.                                                   9

 3    Amendment of Classification (Publications, Films and Computer Games)          10
      Enforcement Act 1995 No 63                                                    11

           The Classification (Publications, Films and Computer Games)              12
           Enforcement Act 1995 is amended as set out in Schedule 1.                13

 4    Amendment of Crimes Act 1900 No 40                                            14

           The Crimes Act 1900 is amended by omitting "or X 18+" from               15
           paragraph (e) of the definition of article in section 578C (1).          16




Page 2
Classification (Publications, Films and Computer Games) Enforcement
Amendment (X 18+ Films) Bill 2005

Amendment of Classification (Publications, Films and Computer Games)    Schedule 1
Enforcement Act 1995



Schedule 1             Amendment of Classification                                        1
                       (Publications, Films and Computer                                  2
                       Games) Enforcement Act 1995                                        3

                                                                           (Section 3)    4

[1]   Section 6 Sale or public exhibition of unclassified or RC films prohibited          5

      Omit "or X 18+" from section 6 (a).                                                 6

[2]   Section 6                                                                           7

      Omit the last dot point paragraph. Insert instead:                                  8
                     · in the case of an unclassified film that is subsequently           9
                          classified X 18+--75 penalty units for an individual, 150      10
                          penalty units for a corporation                                11
                     · in the case of a film classified RC or an unclassified film       12
                          that is subsequently classified RC--200 penalty units or       13
                          imprisonment for 2 years for an individual, 400 penalty        14
                          units for a corporation.                                       15

[3]   Section 6A                                                                         16

      Insert after section 6:                                                            17

       6A    X 18+ films                                                                 18

                    If a film is classified X 18+, a person must not:                    19
                     (a) display the film for sale except in a restricted publications   20
                            area, or                                                     21
                    (b) deliver the film to a person who has not made a direct           22
                            request for it, or                                           23
                     (c) deliver the film to a person unless it is contained in a        24
                            package made of opaque material, or                          25
                    (d) publish the film unless it displays the determined markings      26
                            and the classification number allocated to the film by the   27
                            Board.                                                       28
                    Maximum penalty: 150 penalty units for an individual, 300            29
                    penalty units for a corporation.                                     30

[4]   Section 9 Sale of certain films to minors prohibited                               31

      Omit "or X 18+" wherever occurring from section 9 (1).                             32




                                                                              Page 3
                    Classification (Publications, Films and Computer Games) Enforcement
                    Amendment (X 18+ Films) Bill 2005

Schedule 1          Amendment of Classification (Publications, Films and Computer Games)
                    Enforcement Act 1995


 [5]   Section 9 (1)                                                                            1
       Omit the penalty. Insert instead:                                                        2
                   Maximum penalty: 200 penalty units or imprisonment for 2 years               3
                   for an individual, 400 penalty units for a corporation.                      4

 [6]   Section 9 (1A)                                                                           5

       Insert after section 9 (1):                                                              6

             (1A)      A person must not sell or deliver to a minor a film classified X         7
                       18+, or an unclassified film that would, if classified, be classified    8
                       X 18+.                                                                   9
                       Maximum penalty: 150 penalty units or 12 months imprisonment            10
                       for an individual, 300 penalty units for a corporation.                 11

 [7]   Section 9 (3)                                                                           12

       Omit "subsection (2)". Insert instead "subsection (1A) or (2)".                         13

 [8]   Section 9 (4)                                                                           14

       Omit the penalty. Insert instead:                                                       15
                   Maximum penalty: 75 penalty units for an individual, 150                    16
                   penalty units for a corporation.                                            17

 [9]   Section 12 R 18+ films not to be publicly exhibited in presence of minors               18

       Omit the penalty from section 12 (1). Insert instead:                                   19
                   Maximum penalty: 100 penalty units for an individual, 200                   20
                   penalty units for a corporation.                                            21

[10]   Section 13 MA 15+ films not to be publicly exhibited in presence of                     22
       minors under 15                                                                         23

       Omit the penalty from section 13 (1). Insert instead:                                   24
                   Maximum penalty: 40 penalty units for an individual, 80 penalty             25
                   units for a corporation.                                                    26

[11]   Section 14 Private exhibition of RC, X 18+ or R 18+ films in presence of                27
       minors                                                                                  28

       Omit "or X 18+" wherever occurring.                                                     29

[12]   Section 14 (1)                                                                          30

       Omit the penalty. Insert instead:                                                       31
                   Maximum penalty: 200 penalty units.                                         32




Page 4
Classification (Publications, Films and Computer Games) Enforcement
Amendment (X 18+ Films) Bill 2005

Amendment of Classification (Publications, Films and Computer Games)    Schedule 1
Enforcement Act 1995


[13]   Section 14 (1A)                                                                    1
       Insert after section 14 (1):                                                       2

            (1A)    A person must not privately exhibit in the presence of a minor a      3
                    film classified X 18+ or an unclassified film that would, if          4
                    classified, be classified X 18+.                                      5
                    Maximum penalty: 75 penalty units.                                    6

[14]   Section 16 Keeping unclassified, RC or X 18+ films with other films                7

       Omit section 16 (2). Insert instead:                                               8

              (2)   It is a defence to a prosecution for an offence under this section    9
                    to prove that:                                                       10
                     (a) the defendant did not know, and could not reasonably have       11
                            known, that the film was on the premises, or                 12
                    (b) for a film classified X 18+--the film was kept in a              13
                            restricted publications area.                                14

[15]   Section 17 Leaving RC, X 18+, R 18+ or MA 15+ films in certain places             15

       Omit section 17 (1). Insert instead:                                              16

              (1)   A person must not, without reasonable excuse, leave in a public      17
                    place or, without the occupier's permission, on private premises:    18
                    (a) a film classified RC or an unclassified film that would, if      19
                          classified, be classified RC, or                               20
                    (b) a film classified X 18+ or an unclassified film that would,      21
                          if classified, be classified X 18+, or                         22
                    (c) a film classified R 18+ or an unclassified film that would,      23
                          if classified, be classified R 18+, or                         24
                    (d) a film classified MA 15+ or an unclassified film that            25
                          would, if classified, be classified MA 15+.                    26
                    Maximum penalty:                                                     27
                    (a) for paragraph (a)--200 penalty units or imprisonment for         28
                          2 years for an individual, 500 penalty units for a             29
                          corporation, and                                               30
                    (b) for paragraph (b)--100 penalty units for an individual, 250      31
                          penalty units for a corporation, and                           32
                    (c) for paragraph (c)--50 penalty units for an individual, 100       33
                          penalty units for a corporation, and                           34
                    (d) for paragraph (d)--25 penalty units for an individual, 50        35
                          penalty units for a corporation.                               36




                                                                              Page 5
                Classification (Publications, Films and Computer Games) Enforcement
                Amendment (X 18+ Films) Bill 2005

Schedule 1      Amendment of Classification (Publications, Films and Computer Games)
                Enforcement Act 1995


[16]   Section 18 Possession or copying of films for the purpose of sale or             1
       exhibition                                                                       2

       Omit "or X 18+" wherever occurring from section 18 (1) and (2).                  3

[17]   Section 18                                                                       4

       Omit the penalty. Insert instead:                                                5
                   Maximum penalty: 200 penalty units or 2 years imprisonment for       6
                   an individual, 500 penalty units for a corporation.                  7

[18]   Section 39 Certain films, publications and computer games not to be              8
       advertised                                                                       9

       Omit "or X 18+" from section 39 (1) (a).                                        10

[19]   Section 40 Advertisements with feature films                                    11

       Omit "or R 18+" wherever occurring from section 40 (3).                         12

       Insert instead ", R 18+ or X 18+".                                              13

[20]   Section 40 (3) (d)                                                              14

       Insert "or X 18+" after "R 18+".                                                15

[21]   Section 40 (3) (e)                                                              16

       Insert after section 40 (3) (d):                                                17
                      (e) R 18+ is a lower classification than X 18+.                  18

[22]   Section 63 Certain proceedings precluded                                        19

       Omit "or X 18+" from section 63 (b).                                            20




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