Classification (Publications, Films and Computer Games) Enforcement Act 1996
Classification (Publications, Films and Computer Games) Enforcement Regulations 1996
Western Australia
Classification (Publications, Films and Computer Games) Enforcement Regulations 1996
Contents
1.Citation1
2.Commencement1
3.Prescribed offences and modified penalties1
4.Form of an infringement notice2
5.Form of notice of withdrawal of an infringement notice2
9.Fee for registration, or renewal of registration, of premises2
10.Fee for inspecting or copying register2
Schedule 1 — Prescribed offences and modified penalties
Schedule 2 — Forms
Notes
Compilation table8
Other notes9
Classification (Publications, Films and Computer Games) Enforcement Act 1996
Classification (Publications, Films and Computer Games) Enforcement Regulations 1996
These regulations may be cited as the Classification (Publications, Films and Computer Games) Enforcement Regulations 1996.
[Regulation 1 amended: Gazette 14 Dec 2012 p. 6202.]
These regulations come into operation on the day on which the Censorship Act 1996 1 comes into operation.
3.Prescribed offences and modified penalties
(1)The offences set out in Schedule 1 column 1 are prescribed for the purposes of section 117D of the Act.
(2)For the purposes of section 117E(2) of the Act, the modified penalty set out in Schedule 1 column 2 opposite an offence referred to in Schedule 1 column 1 is the prescribed modified penalty for an individual for that offence.
(3)For the purposes of section 117E(2) of the Act, the modified penalty set out in Schedule 1 column 3 opposite an offence referred to in Schedule 1 column 1 is the prescribed modified penalty for a body corporate for that offence.
[Regulation 3 inserted: Gazette 4 Jun 2004 p. 1929‑30.]
4.Form of an infringement notice
Schedule 2 Form 1 is prescribed for the purposes of section 117E(1) of the Act.
[Regulation 4 inserted: Gazette 4 Jun 2004 p. 1930.]
5.Form of notice of withdrawal of an infringement notice
Schedule 2 Form 2 is prescribed for the purposes of section 117G(1) of the Act.
[Regulation 5 inserted: Gazette 4 Jun 2004 p. 1930.]
[6‑8.Deleted: Gazette 27 Jun 2003 p. 2384-5.]
9.Fee for registration, or renewal of registration, of premises
For the purposes of section 131(1)(d) of the Act a fee of $79.00 in respect of each premises proposed to be registered, or registered, in the name of the applicant is prescribed.
[Regulation 9 amended: SL 2022/111 r. 10; SL 2023/120 r. 10.]
10.Fee for inspecting or copying register
For the purposes of section 135(5) of the Act —
(a)a fee of $5 is prescribed for inspecting the register; and
(b)a fee of $1 per page is prescribed for copies of the register.
[11, 12.Deleted: Gazette 27 Jun 2003 p. 2385.]
Schedule 1 — Prescribed offences and modified penalties
[r. 3]
[Heading inserted: Gazette 4 Jun 2004 p. 1930.]
|
Offence |
Modified penalty (individual) |
Modified penalty |
|
s. 64(1) |
$200 |
$1 000 |
|
s. 64(4) |
$200 |
$1 000 |
|
s. 65(1) |
$500 |
$2 500 |
|
s. 65(5) |
$500 |
$2 500 |
|
s. 65(6) |
$500 |
$2 500 |
|
s. 65A |
$500 |
$2 500 |
|
s. 65B |
$200 |
$1 000 |
|
s. 65C(1) |
$500 |
$2 500 |
|
s. 65C(2) |
$500 |
$2 500 |
|
s. 65D(5) |
$20 |
N/A |
|
s. 67(1) |
$100 |
$500 |
|
s. 70(1)(b) |
$200 |
$1 000 |
|
s. 71(2) |
$20 |
N/A |
|
s. 72(1) |
$200 |
$1 000 |
|
s. 75(1) |
$100 |
$500 |
|
s. 76(1) |
$500 |
$2 500 |
|
s. 76(2) |
$500 |
$2 500 |
|
s. 76(3) |
$500 |
$2 500 |
|
s. 77(1) |
$500 |
$2 500 |
|
s. 79(1) |
$500 |
$2 500 |
|
s. 79(3) |
$20 |
N/A |
|
s. 79(4) |
$200 |
$1 000 |
|
s. 83(1) |
$100 |
$500 |
|
s. 84(2) |
$20 |
N/A |
|
s. 85(1) |
$500 |
$2 500 |
|
s. 85(2)(b) |
$200 |
$1 000 |
|
s. 85(3)(b) |
$200 |
$1 000 |
|
s. 86(1) |
$500 |
$2 500 |
|
s. 86(2) |
$500 |
$2 500 |
|
s. 86(3) |
$500 |
$2 500 |
|
s. 86(4) |
$500 |
$2 500 |
|
s. 87(1) |
$500 |
$2 500 |
|
s. 88(1A) |
$500 |
$2 500 |
|
s. 88(1) |
$500 |
$2 500 |
|
s. 90(1) |
$500 |
$2 500 |
|
s. 91(1) |
$500 |
$2 500 |
|
s. 92 |
$200 |
$1 000 |
|
s. 93(1) |
$200 |
$1 000 |
|
s. 94 |
$200 |
$1 000 |
|
s. 95 |
$200 |
$1 000 |
|
s. 96(1) |
$200 |
$1 000 |
|
s. 97(1) |
$200 |
$1 000 |
|
s. 97(2) |
$200 |
$1 000 |
|
s. 97A(2) |
$500 |
$2 500 |
|
s. 98 |
$200 |
$1 000 |
|
s. 113 |
$100 |
N/A |
[Schedule 1 inserted: Gazette 4 Jun 2004 p. 1930‑1; amended: Gazette 14 Dec 2012 p. 6202.]
[r. 4 and 5]
[Heading inserted: Gazette 4 Jun 2004 p. 1931.]
Form 1
|
Classification (Publications, Films and Computer Games) Enforcement Act 1996 s. 117E(1) Infringement Notice |
Notice No: |
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Alleged offender |
Family name: |
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Other names: |
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Address: |
No.: |
Street name: |
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Suburb: |
Postcode: |
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Alleged offence |
Details of alleged offence:
|
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Description of alleged offence:
|
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Where and when: |
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Amount of modified penalty |
$ |
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|
Police officer who issued this notice |
Name: |
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Signature: |
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Date: |
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What you must do |
1.You may elect to have this matter heard and determined by a court. To do this, complete the details in “Electing action by a court” on the reverse of this notice and return this notice to [details to be inserted here] within 28 days after the service of this notice. 2.If you do not wish to have this matter heard and determined by a court you may dispose of this matter within 28 days after the service of this notice by paying the modified penalty (see “Paying the modified penalty” on the reverse of this notice). Should you not pursue either of the above options within 28 days, additional administrative charges may be incurred and enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. |
Reverse of Form 1
|
Electing action by a court |
I elect to have the offence alleged in this notice dealt with by a court. I understand that I may receive a summons for the alleged offence. |
|
Signature: |
|
|
Date: |
|
|
Address for service: |
|
|
Paying the modified penalty |
You may pay the modified penalty — 1.BY POSTING a cheque or money order made payable to [details to be inserted here]; OR 2.IN PERSON to [details to be inserted here]. |
[Form 1 inserted: Gazette 4 Jun 2004 p. 1931-2; amended: Gazette 14 Dec 2012 p. 6203; 20 Aug 2013 p. 3860; SL 2020/162 r. 4.]
Form 2
|
Classification (Publications, Films and Computer Games) Enforcement Act 1996 s. 117G(1) Withdrawal of Infringement Notice |
Notice No: |
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|
To [Details of alleged offender] |
Family name: |
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|
Other names: |
|||||
|
Address: |
No.: |
Street name: |
|||
|
Suburb: |
Postcode: |
||||
|
AN INFRINGEMENT NOTICE SERVED ON YOU HAS BEEN WITHDRAWN. ANY PAYMENT THAT HAS BEEN MADE WILL BE REFUNDED AND — ·NO FURTHER ACTION WILL BE TAKEN* ·A SUMMONS WILL BE ISSUED* [* delete whichever is not applicable] |
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|
Details of withdrawn notice |
Date notice given: |
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|
Notice number: |
|||||
|
Alleged offence: |
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|
Authorised person who issued this notice |
Name: |
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Signature: |
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Date: |
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[Form 2 inserted: Gazette 4 Jun 2004 p. 1932; amended: Gazette 14 Dec 2012 p. 6203.]
This is a compilation of the Classification (Publications, Films and Computer Games) Enforcement Regulations 1996 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
|
Censorship Regulations 1996 2 |
1 Nov 1996 p. 5755‑62 |
5 Nov 1996 (see r. 2 and Gazette 5 Nov 1996 p. 5845) |
|
Censorship Amendment Regulations 2003 |
27 Jun 2003 p. 2384‑5 |
1 Jul 2003 (see r. 2 and Gazette 27 Jun 2003 p. 2383) |
|
Reprint 1: The Censorship Regulations 1996 as at 5 Dec 2003 (includes amendment listed above) |
||
|
Censorship Amendment Regulations 2004 |
4 Jun 2004 p. 1929‑32 |
4 Jun 2004 (see r. 2 and Gazette 4 Jun 2004 p. 1933) |
|
Censorship Amendment Regulations 2012 |
14 Dec 2012 p. 6202‑3 |
r. 1 and 2: 14 Dec 2012 (see r. 2(a)); |
|
Reprint 2: The Classification (Publications, Films and Computer Games) Enforcement Regulations 1996 as at 19 Apr 2013 (includes amendment listed above) |
||
|
Classification (Publications, Films and Computer Games) Enforcement Amendment Regulations 2013 |
20 Aug 2013 p. 3859-60 |
r. 1 and 2: 20 Aug 2013 (see r. 2(a)); |
|
Attorney General Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 2 |
SL 2020/162 25 Sep 2020 |
29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |
|
Attorney General Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 5 |
SL 2022/111 |
1 Jul 2022 (see r. 2(b)) |
|
Attorney General Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 5 |
SL 2023/120 2 Aug 2023 |
3 Aug 2023 (see r. 2(b)) |
1Now known as the Classification (Publications, Films and Computer Games) Enforcement Act 1996.
2Now known as the Classification (Publications, Films and Computer Games) Enforcement Regulations 1996; citation changed (see note under r. 1).