Northern Territory Explanatory Statements

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CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2012

2012


ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2012

SERIAL NO. 2
EXPLANATORY STATEMENT
GENERAL OUTLINE

The Classification of Publications, Films and Computer Games Amendment Bill 2012 (the Bill) amends the Classification of Publications, Films and Computer Games Act (the NT Act).

The amendments give effect to the decision made by all jurisdictions to introduce an R18+ classification category for computer games.

The classification of computer games in Australia, as well as films and publications, is governed by the National Classification Scheme which is a cooperative arrangement between the Commonwealth, states and territories under which the Commonwealth is responsible for classifying material under the Commonwealth Classification (Publications, Films and Computer Games) Act 1995 (the Commonwealth Classification Act).

The Commonwealth Classification Act provides a single
National Classification Code as negotiated between the Commonwealth and the states and territories. The Code sets out the principles to be followed in classification decisions and the general criteria for all classification categories. Guidelines made under the Commonwealth Classification Act regulate the classification of computer games.

Under the National Classification Scheme, states and territories are responsible for the enforcement of classification decisions for computer games under their respective legislation.

This Bill introduces an R18+ classification category for computer games in the NT Act, placing it within the current framework which contains the G, PG, M, MA15+ and RC classification categories.


NOTES ON CLAUSES

Clause 1. Short title

This is a formal clause which provides for the citation of the Bill.

The Bill when passed may be cited as the Classification of Publications, Films and Computer Games Amendment Act 2012.

Clause 2. Commencement

This clause provides that the Act commences either on 1 January 2013, if the Administrator’s assent to the Act is declared before that date, or on the day fixed by the Administrator as notified in the Gazette.

The nationally agreed date for commencing the R18+ classification category for computer games is 1 January 2013.

Clause 3. Act amended

This clause provides that this Act amends the Classification of Publications, Films and Computer Games Act.

Clause 4. Section 65 amended

This clause omits subsection 65(3).

The subsection, which contains an offence for a child of at least 15 years of age purchasing a prohibited classification computer game, is moved to section 71 by clause 8 of this Bill as section 71 deals with selling computer games.

Clause 5. Section 65A inserted

This clause inserts a new section 65A after section 65 in the Act to provide for demonstration of R18+ computer games. New section 65A provides that it is an offence to demonstrate a R18+ computer game in a public place unless the classification of the game is exhibited before the game is played and the entry into the place is restricted to adults. The offence is a strict liability offence with a maximum penalty of 100 penalty units.


Clause 6. Section 67 amended

This clause amends section 67, relating to demonstration of a computer game that can be seen from a public place, to add the R18+ classification for computer games. Section 67 provides that it is an offence to demonstrate a computer game so that it can be seen from a public place if the game is classified RC or MA15+. The amendment adds R18+ computer games to the offence.

The clause also inserts a penalty for demonstrating a computer game classified R18+ so that it can be seen from a public place. The maximum penalty for an offence relating to a R18+ computer game is 100 penalty units.

The purpose of section 67 is to protect children from viewing the content of computer games classified RC, R18+ and MA15+ and ensure demonstrations of games classified RC, R18+ and MA15+ are conducted in a controlled area.

Clause 7. Section 68 amended

This clause amends section 68 to add the R18+ classification for computer games. Section 68 provides that it is an offence to privately demonstrate a computer game that is classified RC in the presence of a child. The amendment adds R18+ computer games to the offence.

The clause also inserts a penalty for demonstrating a computer game classified R18+ in the presence of a child. The maximum penalty for an offence relating to an R18+ computer game is 100 penalty units.

The purpose of section 68 is to protect children from viewing the content of computer games classified RC and R18+.

Clause 8. Section 71 amended

This clause amends section 71 relating to sale and delivery of computer games to add the R18+ classification for computer games. Section 71 provides that it is an offence to sell or deliver computer games to a child that are classified RC. It is also an offence to sell or deliver a computer game classified as MA15+ to a child under 15 years of age. The amendment adds R18+ computer games to the offence, so that it is an offence to sell or deliver computer games to a child if the computer game is classified RC or R18+.

Similar to section 50 in the Act which relates to sale and delivery of films, the offence does not apply if the game is classified R18+ and the child is at least 15 years of age and the person who sells or delivers the game to the child is the parent or guardian of the child. A defence to a prosecution is also added to section 71 so that it does not apply where the defendant believed on reasonable grounds that the child was an adult (e.g. identification is provided by the child which shows their age is over 18) or the child was employed by the defendant and the delivery of the computer game was undertaken in the course of employment.

As noted at clause 4 above, subsection 65(3) of the Act is omitted and moved to section 71 by this Bill as section 71 deals with selling computer games. New subsection 71(2C) provides that it is an offence for a child of at least 15 years of age to purchase a prohibited classification computer game (RC or R18+).

Clause 9. Section 73 amended

This clause amends section 73, which relates to leaving a computer game in a public place or private place without the owner’s permission, to add the R18+ classification for computer games. Section 73 provides that it is an offence to leave a RC or MA15+ classified computer game in a public place or in a private place without the owner’s permission. The amendment adds R18+ computer games to the offence.

The clause also inserts a penalty for leaving a computer game classified R18+ in a public place or private place without the owner’s permission. The maximum penalty for an offence relating to an R18+ computer game is 100 penalty units.

 

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