Australian Capital Territory Numbered Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) AMENDMENT ACT 2009 (NO. 3 OF 2009) - SCHEDULE 1

Schedule 1     Amendments consequential on the Classification (Publications, Films and Computer Games) Amendment Act 2007 (Cwlth)

(see s 3)

[1.1]     New section 5A

insert

5A     Films consisting only of classified films

    (1)     This section applies to a film that—

        (a)     is on 1 device; and

        (b)     consists only of 2 or more classified films.

    (2)     Despite any other provision of this Act, the film is to be treated, for this Act, as if each of the classified films were on a separate device.

[1.2]     New section 7 (3)

insert

    (3)     A person does not commit an offence against subsection (2) in relation to a classified film if either or both of the following apply:

        (a)     the film—

              (i)     is exhibited under a title different from that under which it is classified; and

              (ii)     is contained on 1 device that consists only of 2 or more classified films;

        (b)     the classified film is exhibited with modifications mentioned in the Commonwealth Act, section 21 (2).

[1.3]     New section 17 (2)

insert

    (2)     A person does not commit an offence against subsection (1) in relation to a classified film if either or both of the following apply:

        (a)     the film—

              (i)     is sold under a title different from that under which it is classified; and

              (ii)     is contained on 1 device that consists only of 2 or more classified films;

        (b)     the film is sold with modifications mentioned in the Commonwealth Act, section 21 (2).

[1.4]     Section 19 (4) (b)

omit

, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item)

[1.5]     Section 44 (7) (b)

omit

, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item)

[1.6]     Section 53B (1) (b) (ii)

omit

decided by the director

substitute

determined

[1.7]     Section 53B (3) (b)

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, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item)

[1.8]     Section 56 (1)

substitute

    (1)     The Minister or director may, on application, by notice, exempt an organisation approved under section 57—

        (a)     in relation to the exhibition of a film at an event that is specified in the notice from the provisions of this Act specified in the notice; or

        (b)     in relation to all or any of the organisation's activities or functions that relate to films or computer games.

[1.9]     New section 57 (2A)

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    (2A)     An organisation may be approved for section 56 (1) (b) only if the organisation—

        (a)     is established under an Act; and

        (b)     carries on activities of an educational, cultural or artistic nature.

[1.10]     Section 57 (6)

omit

subsection (3)

substitute

subsection (2A) or (3)

[1.11]     Section 63 (1)

omit

or deputy director

substitute

, deputy director or convenor

[1.12]     Dictionary, definition of approved form

substitute

"approved form" means a form approved under the Commonwealth Act, section 8A.

[1.13]     Dictionary, new definition of convenor

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"convenor" means the Convenor of the Review Board appointed under the Commonwealth Act, section 74.