2005

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

SERIAL NO. …….

CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2005

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the Classification of Publications, Films and Computer Games Act to:
·	implement uniform classification categories for films and computer games consequent to amendments to the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;
·	make provision for matters of a savings and transitional nature;
·	update penalties for breaches of the Act; and
·	provide for the issuing of infringement notices for breaches of the Act.
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 2005.

Clause 2.	Commencement.

The Act will commence at the same time as Schedule 1 to the Commonwealth Classification (Publications, Films and Computer Games) Amendment Act 2004.  This will ensure consistency between the Commonwealth Act and the Northern Territory Act is maintained.

Clause 3.	Principal Act amended

The Principal Act being amended is the Classification of Publications Films and Computer Games Act.

Clause 4.	Amendment of section 35 (Exhibition of film in public place)

The penalty for breaching section 35 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 5.	Amendment of section 36 (Display of notice about classification)

The penalty for failing breaching section 36 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 6.	Amendment of section 37 (Exhibition of RC and X 18+ films)

References to the old classification descriptors are replaced with the new descriptors.
The penalties for breaching section 37 are increased.  
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 7.	Amendment of section 38 (Exhibition of unclassified, RC and X 18+ films)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 38 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 8.	Amendment of section 39 (Prohibition of exhibition of R 18+ or MA 15+ films in certain places)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 39 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 9.	Amendment of section 40 (Attendance of minor at certain films – offence by parents or guardians)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 40 is increased.
Clause 10.	Amendment of section 41 (Attendance of minor at certain films – offence by minor)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 41 is increased.

Clause 11.	Amendment of section 42 (Private exhibition of certain films in presence of minor)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 42 is increased.

Clause 12.	Amendment of section 43 (Attendance of minor at R 18+ films – offence by exhibitor)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 43 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 13.	Amendment of section 44 (Attendance of minor at MA 15+ films – offence by exhibitor)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 44 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 14.	Amendment of section 45 (Sale of Films)

The penalty for breaching section 45 is increased.  
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 15.	Amendment of section 46 (Display of notice about classifications)

The penalty for breaching section 46 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 16.	Amendment of section 47 (Films to bear determined markings and consumer advice)

The penalty for breaching section 47 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 17.	Amendment of section 48 (Keeping unclassified or RC films with other films)

The penalty for breaching section 48 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 18.	Amendment of section 49 (X 18+ films)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 49 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 19.	Amendment of section 50 (Sale or delivery of certain films to minors)

References to the old classification descriptors are replaced with the new descriptors.
The penalties for breaching section 50 are increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 20.	Amendment of section 50A (Power to demand particulars and expel minor)

The penalty for breaching section 50A is increased.

Clause 21.	Amendment of section 50B (Leaving films in certain places)

References to the old classification descriptors are replaced with the new descriptors.
The penalties for breaching section 5B are increased.

Clause 22.	Amendment of section 50C (Possession or copying film for purpose of sale or exhibition)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50C is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 23.	Amendment of section 50D (Sale of unclassified or RC publications)

The penalty for breaching section 50D is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 24.	Amendment of section 50E (Category 1 restricted publications)

The penalty for breaching section 50E is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 25.	Amendment of section 50F (Category 2 restricted publications)

The penalty for breaching section 50F is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 26.	Amendment of section 50FA (Sale or delivery of publications contrary to conditions)

The penalty for breaching section 50F is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 27.	Amendment of section 50FB (Consumer advice for Unrestricted publications)

The penalty for breaching section 50FB is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 28.	Amendment of section 50G (Misleading or deceptive markings)

The penalty for breaching section 50FG is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 29.	Amendment of section 50H (Sale of certain publications to minors)

The penalty for breaching section 50H is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 30.	Amendment of section 50I (Leaving or displaying publications in certain places)

The penalty for breaching section 50I is increased.

Clause 31.	Amendment of section 50J (Possession or copying of publication for purpose of publishing)

The penalty for breaching section 50J is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 32.	Amendment of section 50K (Sale or demonstration of computer game in public place)

The penalty for breaching section 50K is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.
Clause 33.	Amendment of section 50L (Display of notice about classification)

The penalty for breaching section 50L is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 34.	Amendment of section 50M (Unclassified and RC computer games)

The penalty for breaching section 50M is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 35.	Amendment of section 50N (MA 15+ computer games)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50N is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 36.	Amendment of section (Amendment of section 50P (Demonstration of unclassified, RC and MA 15+ computer games)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50P is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 37.	Amendment of section 50Q (Private demonstration of RC computer games in presence of minor)

The penalty for breaching section 50Q is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 38.	Amendment of section 50R (Computer games to bear determined markings and consumer advice)

The penalty for breaching section 50R is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 39.	Amendment of section 50S (Keeping unclassified or RC computer games with other computer games)

The penalty for breaching section 50S is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 40.	Amendment of section 50T (Sale or delivery of certain computer games to minors)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50T is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 41.	Amendment of section 50U (Power to demand particulars and expel unaccompanied minors under 15)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50U is increased.

Clause 42.	Amendment of section 50V (Leaving computer games in certain places)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50V is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 43.	Amendment of section 50W (Possession or copying of computer game for the purpose of sale or demonstration)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50W is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 44.	Amendment of section 50Z (Objectionable material)

The penalty for breaching section 50Z is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 45.	Amendment of section 50ZA (Restricted material – offences)

The penalty for breaching section 50ZA is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 46.	Amendment of section 50ZB (Certain advertisements not to be published)

The penalty for breaching section 50ZB is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 47.	Amendment of section 50ZC (Certain films, publications and computer games not to be advertised)

The penalty for breaching section 50ZC is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 48.	Amendment of section 50ZD (Screening of advertisements with feature films)

The table in section 50ZD is replaced with a new table containing the new classification descriptors.
The penalty for breaching section 50ZD is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 49.	Amendment of section 50ZE (Liability of occupier for certain advertisements)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50ZE is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 50.	Amendment of section 50ZF (Sale of feature films with advertisements)

The table in section 50ZF is replaced by a new one containing the new classification descriptors.
The penalty for breaching section 50ZF is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 51.	Amendment of section 50ZG (Advertisements with computer games)

The table in section 50ZG is replaced by a new one containing the new classification descriptors.
The penalty for breaching section 50ZG is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 52.	Amendment of section 50ZH (Advertisements to contain determined markings and consumer advice)

The penalty for breaching section 50ZH is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 53.	Amendment of section 50ZI (Misleading or deceptive advertisements)

The penalty for breaching section 50ZI is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 54.	Amendment of section 50ZJ (Advertisements for category 2 restricted publications)

The penalty for breaching section 50ZJ is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 55.	Amendment of section 50ZK (Advertisement of X18+ films)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 50ZK is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 56.	Amendment of section 50ZL (Classification symbols and determined markings to be published with advertisements)

The penalty for breaching section 50ZL is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 57.	Amendment of section 50ZM (Calling in submittable publications for classification)

The penalty for breaching section 50ZM is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 58.	Amendment of section 50ZMA (Calling in films for classification)

The penalty for breaching section 50ZMA is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 59.	Amendment of section 50ZN (Calling in computer games for classification)

The penalty for breaching section 50ZN is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 60.	Amendment of section 50ZP (Calling in advertisements)

The penalty for breaching section 50ZP is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 61.	Amendment of section 50ZPA (Calling in publications, films, computer games for reclassification)

The penalty for breaching section 50PA is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.
Clause 62.	Amendment of section 50ZPB (Obtaining copies for review)

The penalty for breaching section 50PB is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 63.	Amendment of Section 52 (Display of sexual articles)
The penalty for breaching section 52 was previously set out in section 54.  The penalty is now included in the section itself.  The penalty is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 64.	Amendment of section 53 (Advertising sexual articles)

The penalty for breaching section 53 was previously set out in section 54.  The penalty is now included in the section itself.  The penalty is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 65.	Repeal of section 54

Section 54 previously contained the penalty for breaching sections 52 or 53. 

Clause 66.	Amendment of section 55 (Restricted publication area – construction and management)

The penalty for breaching section 55 is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 67.	Amendment of section 56 (Restricted publication area – offences)

The penalty for breaching section 56 is increased.

Clause 68.	Amendment of Part XIII heading

The Part heading is changed to reflect the new classification descriptor.

Clause 69.	Amendment of section 56B (Offence relating to production of film or computer game classified X 18+ or RC)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 56B is increased.
Higher penalties apply to a body corporate (eg a company) than to a natural person.

Clause 70.	Amendment of section 56C (Copying of films or computer games classified X 18+ or RC)

References to the old classification descriptors are replaced with the new descriptors.
The penalty for breaching section 56C is increased.

Clause 71.	Amendment of section 64B (Publication to prescribed person or body)

References to the old classification descriptors are replaced with the new descriptors.

Clause 72.	Amendment of section 66 (Regulations)

The Regulation making power is amended to provide for the issuing of infringement notices for breaches of the Act, and for the imposition of the penalties that may be prescribed.

Clause 73.	Repeal and substitution of Part XVI heading

The heading to Part XVI is amended to distinguish between transitional arrangements relating to earlier amendments to the Act and these amendments.

Clause 74.	New Part XVII

	PART XVII – TRANSITIONAL MATTERS FOR CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT ACT 2005

This part contains the transitional matters necessary as a result of these amendments to the Act.

	69.	Interpretation

Clause 69 sets out the definitions of certain words or phrases used in these transitional provisions.	

	70.	Classifications made before commencement date

Clause 70 deems classifications made before the commencement of these amendments to be the equivalent classifications under the new provisions.
	71. 	Offences committed before the commencement date

Clause 71 provides that offences occurring before these amendments commence must be dealt with under the provisions of the Act before it was amended.
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