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This is a Bill, not an Act. For current law, see the Acts databases.
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 Page 6
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