Censorship Amendment Act 2006

Western Australia

CONTENTS

Part 1 — Preliminary

1. Short title 2

2. Commencement 2

3. The Act amended 2

4. Section 1 amended, consequential amendments, transitional and validation 2

5. Section 3 amended 3

6. Section 128A amended 3

Part 2 — Changes relating to investigation of child pornography

7. Section 117 amended 4

8. Section 141 amended 5

Part 3 — Changes relating to infringement notices

9. Section 117F amended 6

10. Section 117G amended 6

11. Section 117J amended 6

Part 4 — Classification changes reflecting national scheme

12. Section 3 amended 7

13. Section 57 amended 7

14. Section 69 amended 7

15. Section 70 amended 8

16. Section 71 amended 8

17. Section 72 amended 8

18. Section 73 amended 8

19. Section 77 amended 9

20. Section 78 amended 9

21. Section 79 amended 9

22. Section 80 amended 9

23. Section 81 amended 10

24. Section 85 amended 10

25. Section 88 amended 10

26. Section 89 amended 10

27. Section 91 amended 11

28. Section 92 amended 11

29. Section 93 amended 11

30. Section 94 amended 12

31. Section 95 amended 12

32. Section 110 amended 13

33. Section 117 amended 13

34. Section 117A amended 13

35. Section 141A amended 13

36. Transitional 13

Part 5 — Display of MA 15+ Computer Games

37. Section 85A inserted 14

85A. Display of MA 15+ computer games or containers 14

Schedule 1 — Consequential amendments

1. Co‑operative Schemes (Administrative Actions) Act 2001 amended 15

2. The Criminal Code amended 15

3. Prostitution Act 2000 amended 16

Schedule 2 — Transitional

1. Transitional provisions for films and advertisements with older ratings 17

2. Transitional provisions for computer games and advertisements with older ratings 17

Western Australia

Censorship Amendment Act 2006

No. 10 of 2006

An Act to amend the Censorship Act 1996 and for related purposes.

[Assented to 8 May 2006]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Censorship Amendment Act 2006.

2. Commencement

(1) This Act, other than Part 4, comes into operation on a day fixed by proclamation.

(2) Different days may be fixed under subsection (1) for different provisions.

(3) Part 4 is deemed to have come into operation on 26 May 2005.

3. The Act amended

The amendments in this Act are to the Censorship Act 1996* unless otherwise indicated.

[* Reprint 1 as at 28 November 2003.

For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1 p. 55.]

4. Section 1 amended, consequential amendments, transitional and validation

(1) Section 1 is amended by deleting “Censorship” and inserting instead —

“

Classification (Publications, Films and Computer Games) Enforcement

”.

(2) Schedule 1 sets out consequential amendments.

(3) A reference in any Act or regulation to the “Censorship Act 1996” shall, unless the context otherwise requires, be read and construed as a reference to the Classification (Publications, Films and Computer Games) Enforcement Act 1996.

(4) The reference in the Community Protection (Offender Reporting) Act 2004* Schedule 2 or the Working with Children (Criminal Record Checking) Act 2004 Schedule 2 to the Classification (Publications, Films and Computer Games) Enforcement Act 1996 is taken to include, and always to have included, a reference to the Censorship Act 1996.

[* Act No. 72 of 2004.]

5. Section 3 amended

Section 3 is amended in the definition of “Registrar” by deleting “Censorship”.

6. Section 128A amended

Section 128A(1) is amended by deleting “Censorship”.

Part 2 — Changes relating to investigation of child pornography

7. Section 117 amended

(1) Section 117(2a)(c) is amended after “child pornography,” by inserting —

“

or an article highly likely to be, or highly likely to contain, child pornography,

”.

(2) Section 117(2a) is amended by deleting “under this Part”.

(3) Section 117(3) is amended by deleting “seized under section 112 or under a search warrant” and inserting instead —

“ lawfully seized ”.

(4) Section 117(6) is amended as follows:

(a) at the end of paragraph (a) by deleting “or”;

(b) at the end of paragraph (b) by deleting the full stop and inserting —

“

; or

(c) if the court is satisfied that it is appropriate for a member of the police force to be given more time to investigate or analyse evidence relating to the seized thing, the court may order that the thing be held in the custody of the member of the police force for such further period as the court thinks fit.

”.

(5) After section 117(8) the following subsection is inserted —

“

(9) In this section —

“lawfully seized” means lawfully seized in relation to an alleged offence under this Act.

”.

8. Section 141 amended

Section 141 is amended as follows:

(a) in paragraph (a) after “is” by inserting —

“ , or was, ”;

(b) in paragraph (a) after “are” by inserting —

“ , or were, ”;

“ , or was, ”;

(d) in paragraph (c) by inserting after “is not” in both places where it occurs —

“ , or was not, ”;

(e) in paragraph (d) after “is” by inserting —

“ , or was, ”;

(f) in paragraph (d) after “approved or has” by inserting —

“ , or had, ”;

(g) in paragraph (d) after “approval or has not” by inserting —

“ , or had not, ”.

Part 3 — Changes relating to infringement notices

9. Section 117F amended

Section 117F is amended by inserting after “A” —

“

member of the police force authorised by the Commissioner of Police or a

”.

10. Section 117G amended

Section 117G(1) is amended by inserting after “A” —

“

commissioned officer of the police force authorised by the Commissioner of Police or a

”.

11. Section 117J amended

After section 117J(3) the following subsection is inserted —

“

(4) A member of the police force who has been authorised by the Commissioner of Police to extend time on, or withdraw, an infringement notice under section 117F or 117G cannot exercise either power in relation to an infringement notice issued by that member.

”.

Part 4 — Classification changes reflecting national scheme

12. Section 3 amended

Section 3 is amended in the definition of “contentious material” by deleting “M (15+), MA (15+)” and inserting instead —

“ M, MA 15+ ”.

13. Section 57 amended

Section 57 is amended as follows:

(a) in paragraph (b) by deleting “MA, R or X” and inserting instead —

“ MA 15+, R 18+ or X 18+ ”;

(b) in paragraph (c) by deleting “G (8+), M (15+) or MA (15+)” and inserting instead —

“ PG, M or MA 15+ ”.

14. Section 69 amended

(1) Section 69(1) is amended by deleting “classified X” and inserting instead —

“ classified X 18+ ”.

(2) Section 69(2) is amended by deleting “classified X” in both places where it occurs and inserting instead —

“ classified X 18+ ”.

(3) Section 69(3) is amended by deleting “classified X” in both places where it occurs and inserting instead —

“ classified X 18+ ”.

15. Section 70 amended

(1) Section 70(1) is amended by deleting “R or MA” in both places where it occurs and inserting instead —

“ R 18+ or MA 15+ ”.

(2) Section 70(3) is amended by deleting “classified R” in both places where it occurs and inserting instead —

“ classified R 18+ ”.

16. Section 71 amended

(1) Section 71(1) is amended by deleting “X or R” in both places where it occurs and inserting instead —

“ X 18+ or R 18+ ”.

(2) Section 71(2) is amended by deleting “X or R” and inserting instead —

“ X 18+ or R 18+ ”.

(3) Section 71(3) is amended by deleting “classified R” and inserting instead —

“ classified R 18+ ”.

17. Section 72 amended

Section 72(1) is amended by deleting “classified MA” and inserting instead —

“ classified MA 15+ ”.

18. Section 73 amended

Section 73 is amended by deleting “or X” and inserting instead —

“ or X 18+ ”.

19. Section 77 amended

Section 77(1) is amended by deleting “or X” and inserting instead —

“ or X 18+ ”.

20. Section 78 amended

Section 78 is amended by deleting “classified R” in both places where it occurs and inserting instead —

“ classified R 18+ ”.

21. Section 79 amended

(1) Section 79(1) is amended by deleting “classified R” and inserting instead —

“ classified R 18+ ”.

(2) Section 79(3) is amended by deleting “X or R” and inserting instead —

“ X 18+ or R 18+ ”.

(3) Section 79(4) is amended by deleting “classified MA” and inserting instead —

“ classified MA 15+ ”.

(4) Section 79(6) is amended by deleting “classified X” in both places where it occurs and inserting instead —

“ classified X 18+ ”.

22. Section 80 amended

Section 80 is amended by deleting “classified X” in both places where it occurs and inserting instead —

“ classified X 18+ ”.

23. Section 81 amended

Section 81(2) is amended as follows:

(a) in paragraph (a) by deleting “X, R or MA” and inserting instead —

“ X 18+, R 18+ or MA 15+ ”;

(b) in paragraph (b) by deleting “classified X” and inserting instead —

“ classified X 18+ ”.

24. Section 85 amended

(1) Section 85(1) is amended by deleting “MA (15+)” and inserting instead —

“ MA 15+ ”.

(2) Section 85(2) is amended by deleting “MA (15+)” in both places where it occurs and inserting instead —

“ MA 15+ ”.

(3) Section 85(3) is amended by deleting “MA (15+)” in both places where it occurs and inserting instead —

“ MA 15+ ”.

25. Section 88 amended

Section 88(1) is amended by deleting “MA (15+)” and inserting instead —

“ MA 15+ ”.

26. Section 89 amended

(1) Section 89(2) is amended by deleting “MA (15+)” and inserting instead —

“ MA 15+ ”.

(2) Section 89(3) is amended by deleting “MA (15+)” and inserting instead —

“ MA 15+ ”.

27. Section 91 amended

Section 91(1)(b) is amended by deleting “or X” and inserting instead —

“ or X 18+ ”.

28. Section 92 amended

The Table to section 92 is deleted and the following Table is inserted instead —

“

Table

Item

Column 1

Feature film

Column 2

Advertised film

MA 15+

R 18+

PG or G

M, PG or G

MA 15+, M, PG or G

R 18+, MA 15+, M, PG or G

”.

29. Section 93 amended

(1) Section 93(1) is amended by deleting “R or MA” and inserting instead —

“ R 18+ or MA 15+ ”.

(2) Section 93(2) is amended as follows:

(a) in paragraph (a) by deleting “classified MA” and inserting instead —

“ classified MA 15+ ”;

(b) in paragraph (a) by deleting “classified R or MA” and inserting instead —

“ classified R 18+ or MA 15+ ”;

“ classified R 18+ ”.

30. Section 94 amended

The Table to section 94 is deleted and the following Table is inserted instead —

“

Table

Item

Column 1

Feature film

Column 2

Advertised film

MA 15+

R 18+

PG or G

M, PG or G

MA 15+, M, PG or G

R 18+, MA 15+, M, PG or G

”.

31. Section 95 amended

The Table to section 95 is deleted and the following Table is inserted instead —

“

Table

Item

Column 1

Main game

Column 2

Advertised computer game

MA 15+

PG or G

M, PG or G

MA 15+, M, PG or G

”.

32. Section 110 amended

Section 110 is amended as follows:

(a) in paragraph (a) by deleting “X, R or MA” and inserting instead —

“ X 18+, R 18+ or MA 15+ ”;

(b) in paragraph (b) by deleting “or MA (15+)” and inserting instead —

“ or MA 15+ ”.

33. Section 117 amended

Section 117(2a)(a) is amended by deleting “or X” and inserting instead —

“ or X 18+ ”.

34. Section 117A amended

Section 117A(7)(b) is amended by deleting “X or” and inserting instead —

“ X 18+ or ”.

35. Section 141A amended

Section 141A(2) is amended by deleting “X or” and inserting instead —

“ X 18+ or ”.

36. Transitional

Schedule 2 sets out transitional provisions.

Part 5 — Display of MA 15+ Computer Games

37. Section 85A inserted

After section 85 the following section is inserted —

“

85A. Display of MA 15+ computer games or containers

A person must not display in a public place —

(a) a computer game classified MA 15+; or

(b) the container, wrapping or casing for a computer game classified MA 15+,

with the intention of selling or supplying the computer game except in an area of the public place set aside by that person and conspicuously identified, as an area for the display of computer games, or containers, wrapping or casings for computer games, with that classification.

Penalty: $500.

”.

Schedule 1 — Consequential amendments

[s. 4]

1. Co‑operative Schemes (Administrative Actions) Act 2001 amended

(1) The amendments in this clause are to the Co‑operative Schemes (Administrative Actions) Act 2001*.

[* Act No. 31 of 2001.

For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 67.]

(2) Section 3 is amended in paragraph (aa) of the definition of “commencement time” by deleting “Censorship Act” and inserting instead —

“

Classification (Publications, Films and Computer Games) Enforcement Act

”.

(3) Section 4(1) is amended in paragraph (aa) of the definition of “relevant State Act” by deleting “Censorship Act” and inserting instead —

“

Classification (Publications, Films and Computer Games) Enforcement Act

”.

2. The Criminal Code amended

(1) The amendments in this clause are to The Criminal Code*.

[* Reprint 12 as at 1 June 2005 (see the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913).]

(2) Section 557K(1) is amended in the definition of “child sex offender” by deleting “Censorship Act” in the 4 places where it occurs and inserting instead —

“

Classification (Publications, Films and Computer Games) Enforcement Act

”.

3. Prostitution Act 2000 amended

(1) The amendments in this clause are to the Prostitution Act 2000*.

[* Act No. 17 of 2000.

For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 361.]

(2) Schedule 1 is amended by deleting “Censorship” and inserting instead —

“

Classification (Publications, Films and Computer Games) Enforcement

”.

Schedule 2 — Transitional

[s. 36]

1. Transitional provisions for films and advertisements with older ratings

If, just before Part 4 commenced, a film or advertisement had a classification of a type mentioned in column 2 of the following Table, in relation to an item, then, for the purposes of applying the Classification (Publications, Films and Computer Games) Enforcement Act 1996 after that Part commences, the film or advertisement is taken to have, and to have had at all times before that Part commenced when it had that classification, the classification of the type mentioned in column 3 of the Table in relation to the item.

Table

Film and advertisement classifications
Column 1 Item	Column 2 Former type of classification	Column 3 New type of classification
1	M (15+)	M
2	MA (15+)	MA 15+
3	R	R 18+
4	X	X 18+

2. Transitional provisions for computer games and advertisements with older ratings

If, just before Part 4 commenced, a computer game or advertisement had a classification of a type mentioned in column 2 of the following Table, in relation to an item, then, for the purposes of applying the Classification (Publications, Films and Computer Games) Enforcement Act 1996 after that Part commences, the computer game or advertisement is taken to have, and to have had at all times before that Part commenced when it had that classification, the classification of the type mentioned in column 3 of the Table in relation to the item.

Table

Computer game and advertisement classifications
Column 1 Item	Column 2 Former type of classification	Column 3 New type of classification
1	G (8+)	PG
2	M (15+)	M
3	MA (15+)	MA 15+

dline