Australian Capital Territory Numbered Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) AMENDMENT ACT 2009 (NO. 3 OF 2009) - SCHEDULE 2

Schedule 2     Amendments consequential on the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth)

(see s 3)

[2.1]     Section 50 (1)

substitute

    (1)     A person commits an offence if the person publishes an advertisement for an unclassified film otherwise than in accordance with the advertising scheme or a transitional Commonwealth regulation.

Maximum penalty: 50 penalty units.

[2.2]     Section 50 (2) (d)

omit

[2.3]     New section 50 (2A)

insert

    (2A)     A person commits an offence if the person publishes an advertisement for an unclassified computer game otherwise than in accordance with the advertising scheme.

Maximum penalty: 30 penalty units.

[2.4]     New section 50 (5)

insert

    (5)     In this section:

"transitional Commonwealth regulation" means a regulation under the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Cwlth), schedule 1, item 13.

Note     Item 13 allows for transitional regulations in relation to the advertising of unclassified films that had been granted a certificate of exemption by the board under the Commonwealth Act, s 33 as in force before the commencement of item 13.

[2.5]     New section 51 (1A)

insert

    (1A)     A person commits an offence if—

        (a)     the person screens an advertisement for an unclassified film in a public place; and

        (b)     the advertisement does not comply with the advertising scheme.

Maximum penalty: 50 penalty units.

[2.6]     New section 53 (1A)

insert

    (1A)     A person commits an offence if—

        (a)     the person sells a classified film (the feature film ); and

        (b)     the feature film is accompanied by an advertisement for an unclassified film; and

        (c)     the advertisement does not comply with the advertising scheme.

Maximum penalty: 50 penalty units.

[2.7]     New section 53A (1A)

insert

    (1A)     A person commits an offence if—

        (a)     the person sells or demonstrates a classified computer game (the main game ) in a public place; and

        (b)     the main game is accompanied by an advertisement for an unclassified computer game; and

        (c)     the advertisement does not comply with the advertising scheme.

Maximum penalty: 50 penalty units.

[2.8]     Dictionary, new definition of advertising scheme

insert

"advertising scheme "means the scheme determined from time to time under the Commonwealth Act, section 31 (1).