Classification of Computer Games and Images Act 1995

An Act to provide for the classification of computer games and images, and for other purposes

1Short title

This Act may be cited as the Classification of Computer Games and Images Act 1995.

s 1 amd 1996 No. 57s 42

2Commencement

This Act commences on a day to be fixed by proclamation.

2AExempt computer game excluded from Act

This Act does not apply to a computer game that is an exempt computer game.

s 2A ins 2013 No. 3s 4

3Definitions and dictionary

The dictionary in schedule 2 defines particular words used in this Act.

4Classification under the Commonwealth Act

(1)If a computer game is not classified under this Act but is classified under the Commonwealth Act, its classification under the Commonwealth Act has effect for this Act.

(2)If—

(a)a computer game is classified under this Act; and

(b)the computer game is later classified under the Commonwealth Act;

the classification under the Commonwealth Act has no effect for this Act and the game is taken not to be classified under the Commonwealth Act.

s 4 amd 1996 No. 57s 43; 2005 No. 24s 4; 2013 No. 3s 5

5Classification of computer games by computer games classification officer

(1)If a computer game is not classified, the computer games classification officer may classify the game.

(2)The computer games classification officer may act on the officer’s own initiative or because of representations made about the game to the officer.

(3)For this section, the following provisions of the Commonwealth Act apply, with all necessary changes, as if they were part of this Act—

•section 7(3)

•section 9

•section 11

•section 20

•the National Classification Code, to the extent it relates to computer games

•definitions relevant to the provisions, unless the term is defined in this Act or the Acts Interpretation Act 1954.

(4)In this section—

National Classification Code means the Code under the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).

s 5 amd 1996 No. 56s 44; 2007 No. 16s 39

6Reclassification of computer games

(1)This section applies if the computer games classification officer is satisfied a computer game classified under section 5 should have a different classification.

(2)The computer games classification officer may set the classification aside and again classify the game under section 5.

s 6 amd 1995 No. 57s 4sch 1; 1996 No. 56s 45

7Production of computer game for classification or reclassification

(1)For sections 5 and 6, the computer games classification officer may, by written notice given to a person (the publisher) who publishes a computer game, require the publisher to give the officer a copy of the game.

(2)The publisher must comply with the notice within 3 business days after receiving it.

Maximum penalty—20 penalty units.

(3)It is a defence to a prosecution for an offence against subsection (2) for the defendant to prove that the defendant did not have a copy of the computer game.

(4)If a copy of a computer game is given to the computer games classification officer under this section, the officer must promptly classify the game under section 5 or reclassify the game under section 6.

(5)When the game is classified the computer games classification officer must immediately return the game to the publisher.

(6)Subsection (5) does not apply to a computer game that is classified RC because it is a child abuse computer game.

s 7 amd 1996 No. 56s 46; 2003 No. 94s 13

7AReclassification notice

(1)If the computer games classification officer reclassifies a computer game under section 6, the officer must give written notice of the reclassification to—

(a)the applicant for the reclassification; or

(b)if there was no applicant for the reclassification—the person who the officer reasonably believes has an interest in the matter, whether as the computer game’s publisher or otherwise.

(2)The reclassification takes effect on the day the officer gives the notice.

s 7A ins 1996 No. 56s 47

8Review by QCAT of classification decision

(1)If the computer games classification officer classifies a computer game under section 5, a person whose interests are adversely affected by the decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

(2)The QCAT Act, section 157 does not apply to the decision.

Note—

However, the person may obtain a written statement of the reasons for the decision under the QCAT Act, section 158 or 159.

s 8 amd 1995 No. 57s 4sch 1; 1996 No. 56s 48; 2009 No. 24s 1376

sub 2008 No. 51s 4

8ACalling in computer game for reclassification by board

(1)This section applies if—

(a)the board proposes to reclassify a computer game under the Commonwealth Act, section 39; and

(b)the publisher of the computer game resides in Queensland or has an office in Queensland.

(2)The director or the computer games classification officer may, by written notice given to the publisher, require the publisher to submit a copy of the computer game for the purpose of reclassifying it.

(3)The publisher must comply with the notice within 3 business days after receiving it.

Maximum penalty—20 penalty units.

(4)It is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the computer game.

s 8A ins 2002 No. 13s 22

amd 2003 No. 94s 14

8BObtaining copies for review

(1)This section applies if—

(a)an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the computer game concerned; and

(b)the board or review board does not have a copy of the computer game and a copy is not available to it; and

(c)the original applicant or the publisher of the computer game resides in Queensland or has an office in Queensland.

(2)The convenor or the computer games classification officer may, by written notice given to the original applicant or publisher, require the original applicant or publisher to make a copy of the computer game available for the purpose of the review.

(3)A person to whom the notice is given must comply with the notice within 3 business days after receiving it.

Maximum penalty—20 penalty units.

(4)It is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the computer game.

s 8B ins 2002 No. 13s 22

amd 2003 No. 94s 15; 2008 No. 51s 5

8CCalling in unclassified computer game for classification

(1)This section applies if the director or the computer games classification officer has reasonable grounds to believe that—

(a)an unclassified computer game is not an exempt computer game; and

(b)a person (publisher) is publishing, or will publish, the computer game in Queensland.

(2)The director or the computer games classification officer may, by written notice given to the publisher of the computer game, require the publisher to submit an application for classification of the computer game.

(3)For the requirement under subsection (2) to have effect—

(a)if the director makes the requirement—the director must cause notice of the requirement to be published in the Commonwealth gazette; or

(b)if the computer games classification officer makes the requirement—the officer must cause notice of the requirement to be gazetted.

(4)The publisher must comply with the notice within 3 business days after receiving it.

Maximum penalty—20 penalty units.

(5)It is a defence to a prosecution for an offence against subsection (4) for the defendant to prove that the defendant did not intend—

(a)to publish the computer game in Queensland; or

(b)to cause, authorise, permit or license the computer game to be published in Queensland.

s 8C ins 2002 No. 13s 22

amd 2003 No. 94s 16

9Prohibition against demonstration of unclassified computer game

(1)A person must not demonstrate, or attempt to demonstrate, an unclassified computer game in a public place.

Maximum penalty—

(a)5 penalty units for a computer game that, if it were classified, would be classified as a G, PG or M computer game; or

(b)20 penalty units for a computer game that, if it were classified, would be classified as an MA 15+ computer game; or

(c)50 penalty units for a computer game that, if it were classified, would be classified as an R 18+ computer game; or

(d)150 penalty units or imprisonment for 1 year for a computer game that, if it were classified, would be classified as an RC computer game.

(2)Subsection (1) applies to a computer game published before the commencement of this Act only if the game is an objectionable computer game.

s 9 amd 1996 No. 56s 49; 2005 No. 24s 5; 2013 No. 3s 6

10Restriction on public demonstration of MA 15+ or R 18+ computer game

(1)A person must not demonstrate, or attempt to demonstrate, in a public place an MA 15+ computer game if a minor under 15 years who is not accompanied by an adult is present.

Maximum penalty—10 penalty units.

(2)A person does not commit an offence against subsection (1) if the person reasonably believes the minor is at least 15 years or is accompanied by an adult when the game is demonstrated.

(3)A person must not demonstrate, or attempt to demonstrate, in a public place an R 18+ computer game if a minor is present.

Maximum penalty—50 penalty units.

(4)A person does not commit an offence against subsection (3) if the person reasonably believes the minor is at least 18 years.

(5)A person must not demonstrate, or attempt to demonstrate, in a public place an MA 15+ or R 18+ computer game unless the determined markings for the game are displayed before the game is demonstrated.

Maximum penalty—40 penalty units.

(6)Subsection (7) applies if—

(a)the board reclassifies a computer game under the Commonwealth Act, section 39; or

(b)the board revokes a classification for a computer game under the Commonwealth Act, section 22B(3).

(7)Display of the determined markings that applied to the computer game before the reclassification or revocation is sufficient compliance with subsection (5) for the 30-day period after the reclassification or revocation takes effect.

s 10 amd 1996 No. 56s 50; 2005 No. 24s 6

sub 2013 No. 3s 7

10AARestriction on private demonstration of R 18+ computer game

A person must not demonstrate, or attempt to demonstrate, an R 18+ computer game in a place that is not a public place in the presence of a minor unless the person is a parent or guardian of the minor or has the consent of a parent or guardian of the minor.

Maximum penalty—50 penalty units.

s 10AA ins 2013 No. 3s 8

10AProhibition against demonstration of certain classified computer games

(1)A person must not demonstrate, or attempt to demonstrate, a classified computer game in a public place unless it is demonstrated with the same title as the title under which it is classified.

Maximum penalty—20 penalty units.

(2)A person must not demonstrate, or attempt to demonstrate, a classified computer game in a public place unless it is demonstrated in the form, without alteration or addition, in which it is classified.

Maximum penalty—20 penalty units.

s 10A ins 1996 No. 56s 51

10BComputer game available for playing on pay and play basis to bear determined markings and consumer advice

(1)A person must not make a computer game available for playing on a pay and play basis unless the device used for playing the game bears the determined markings for the game’s classification and any consumer advice for the game.

Maximum penalty—10 penalty units.

Example of game available on a pay and play basis—

a coin operated arcade game

(2)If 2 or more computer games are available for playing on a device mentioned in subsection (1), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the higher or highest classification under the Commonwealth Act.

(3)Subsection (4) applies if—

(a)the board reclassifies a computer game under the Commonwealth Act, section 39; or

(b)the board revokes a classification or consumer advice for a computer game under the Commonwealth Act, section 22B(3).

(4)Display of the determined markings and consumer advice that applied to the computer game before the reclassification or revocation is sufficient compliance with this section for the 30-day period after the reclassification or revocation takes effect.

s 10B ins 2002 No. 13s 23

amd 2013 No. 3s 9

11Publishing advertisements

(1)A person must not use, or attempt to use, an advertisement for a computer game if, under the Commonwealth Act—

(a)an application for approval of the advertisement—

(i)has not been made; and

(ii)if it were made, would be refused; or

(b)approval of the advertisement has been refused.

Maximum penalty—60 penalty units.

(2)A person must not publish, or attempt to publish, an advertisement approved under the Commonwealth Act for a computer game other than in the form in which the advertisement was approved.

Maximum penalty—60 penalty units.

(3)A person must not publish, or attempt to publish, an advertisement approved under the Commonwealth Act for a computer game other than under the conditions (if any) on which the approval was given.

Maximum penalty—60 penalty units.

s 11 amd 1996 No. 56s 52

12Advertisement to contain determined markings and consumer advice

(1)A person must not publish an advertisement for a classified computer game unless its determined markings and consumer advice (if any) are—

(a)contained in the advertisement; and

(b)displayed—

(i)in the way determined under the Commonwealth Act; and

Note—

See the Commonwealth Act, section 8.

(ii)so they are clearly visible, having regard to the advertisement’s size and nature.

Maximum penalty—10 penalty units.

(2)Subsection (3) applies if—

(a)the board reclassifies a computer game under the Commonwealth Act, section 39; or

(b)the board revokes a classification or consumer advice for a computer game under the Commonwealth Act, section 22B(3).

(3)Display of the determined markings and consumer advice that applied to the computer game before the reclassification or revocation is sufficient compliance with subsection (1) for the 30-day period after the reclassification or revocation takes effect.

s 12 sub 1996 No. 56s 53

amd 2008 No. 51s 6; 2009 No. 48s 199; 2013 No. 3s 10

13False advertising of computer games

(1)A person must not publish, or attempt to publish, an advertisement for a classified computer game indicating the computer game is unclassified or has a classification other than its classification under the Commonwealth Act or this Act.

Maximum penalty—60 penalty units.

(2)Subsection (3) applies if—

(a)the board reclassifies a computer game under the Commonwealth Act, section 39; or

(b)the board revokes a classification for a computer game under the Commonwealth Act, section 22B(3).

(3)Indicating the computer game has the classification that applied to the computer game before the reclassification or revocation is sufficient compliance with subsection (1) for the 30-day period after the reclassification or revocation takes effect.

(4)A person must not publish, or attempt to publish, an advertisement for an objectionable computer game.

Maximum penalty—60 penalty units or imprisonment for 6 months.

s 13 amd 1996 No. 56s 54; 2013 No. 3s 11

13AProhibition against advertising certain computer games

A person must not publish, or attempt to publish, an advertisement for an unclassified computer game, unless the advertisement is allowed under the Commonwealth Act.

Maximum penalty—60 penalty units.

Note—

The Commonwealth Act, section 31 provides for the Commonwealth Minister, by legislative instrument, to determine a scheme for the advertising of unclassified computer games.

s 13A ins 1996 No. 56s 55

amd 2005 No. 24s 7; 2008 No. 51s 7; 2013 No. 3s 12

13BPower to require certain advertisements to be submitted for approval

(1)The director or the computer games classification officer may, by written notice given to the publisher of a computer game that is being published in Queensland, or that the director or the computer games classification officer reasonably believes will be published in Queensland, require the publisher to submit to the board for approval a copy of each advertisement used or intended to be used in connection with the publication.

(2)A person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it.

Maximum penalty—20 penalty units.

s 13B ins 1996 No. 56s 55

amd 2003 No. 94s 17

13CDefence to prosecution under section 13B

It is a defence to a prosecution for an offence under section 13B, in relation to a computer game the director or the computer games classification officer reasonably believes will be published in Queensland, for the defendant to prove that the defendant did not intend to publish, or authorise or cause someone else to publish, the publication in the State.

s 13C ins 1996 No. 56s 55

amd 2003 No. 94s 18

14Markings and consumer advice on containers

(1)A person must not sell, or attempt to sell, a computer game unless the container, wrapping or casing in which the computer game is contained, bears the determined markings for the game’s classification and its consumer advice (if any).

Maximum penalty—10 penalty units.

(2)Subsection (3) applies if—

(a)the board reclassifies a computer game under the Commonwealth Act, section 39; or

(b)the board revokes a classification or consumer advice for a computer game under the Commonwealth Act, section 22B(3).

(3)Bearing the determined markings and consumer advice that applied to the computer game before the reclassification or revocation is sufficient compliance with this section for the 30-day period after the reclassification or revocation takes effect.

s 14 amd 1996 No. 56s 56; 2013 No. 3s 13

15Display of classifications notices

(1)A person who sells, or attempts to sell, a classified computer game in a public place must keep a classifications notice for computer games displayed prominently in the public place so it is clearly visible to the public.

Maximum penalty—10 penalty units.

(2)In this section—

classifications notice means a notice, in the form approved by the director and published in the Commonwealth gazette, about the classifications for computer games.

s 15 sub 1996 No. 56s 57

amd 2013 No. 3s 14

16Classified computer games containing advertisements for other computer games

A person must not sell, or attempt to sell, a classified computer game containing an advertisement for—

(a)if the computer game is classified as a G computer game—a computer game classified as a PG, M, MA 15+ or R 18+ computer game or an objectionable computer game; or

(b)if the computer game is classified as a PG computer game—a computer game classified as an M, MA 15+ or R 18+ computer game or an objectionable computer game; or

(c)if the computer game is classified as an M computer game—a computer game classified as an MA 15+ or R 18+ computer game or an objectionable computer game; or

(d)if the computer game is classified as an MA 15+ computer game—an R 18+ or objectionable computer game; or

(e)if the computer game is classified as an R 18+ computer game—an objectionable computer game; or

(f)an unclassified computer game, unless the advertisement is allowed under the Commonwealth Act.

Maximum penalty—10 penalty units.

Note for paragraph (f)—

The Commonwealth Act, section 31 provides for the Commonwealth Minister, by legislative instrument, to determine a scheme for the advertising of unclassified computer games.

s 16 amd 2005 No. 24s 8; 2008 No. 51s 8; 2013 No. 3s 15

17Display for sale of MA 15+ or R 18+ computer game

A person who displays, or attempts to display, for sale an MA 15+ or R 18+ computer game or an advertisement for an MA 15+ or R 18+ computer game must comply with the conditions prescribed under a regulation.

Maximum penalty—10 penalty units.

s 17 amd 2005 No. 24s 9; 2013 No. 3s 16

18Restriction on sale of MA 15+ or R 18+ computer game

(1)A person must not sell or deliver, or attempt to sell or deliver, an MA 15+ computer game to a minor under 15 years unless the minor is accompanied by an adult.

Maximum penalty—20 penalty units.

(2)A person must not sell or deliver, or attempt to sell or deliver, an R 18+ computer game to a minor.

Maximum penalty—100 penalty units.

(3)A person does not commit an offence against subsection (1) if the person reasonably believes the minor is at least 15 years or is accompanied by an adult.

(4)A person does not commit an offence against subsection (2) if the person reasonably believes the minor is at least 18 years.

(5)A person does not commit an offence against subsection (1) or (2) about the delivery of a computer game if—

(a)the minor is employed by a person in a business of selling computer games; and

(b)the delivery takes place in the course of the employment.

(6)Also, a person does not commit an offence against subsection (1) or (2) about the delivery of a computer game if the person did not know, and could not reasonably be expected to have known, the item was an MA 15+ computer game or R 18+ computer game respectively.

s 18 amd 2005 No. 24s 10

sub 2013 No. 3s 17

19Sale of unclassified computer games prohibited

(1)A person must not sell, or attempt to sell, an unclassified computer game.

Maximum penalty—

(a)10 penalty units for a computer game that, if it were classified, would be classified as a G, PG or M computer game; or

(b)50 penalty units for a computer game that, if it were classified, would be classified as an MA 15+ computer game; or

(c)100 penalty units for a computer game that, if it were classified, would be classified as an R 18+ computer game; or

(d)150 penalty units for a computer game that has been, or would have been, classified RC.

(2)Subsection (1) applies to a computer game published before the commencement of this Act only if the game is an objectionable computer game.

s 19 amd 1996 No. 56s 58; 1997 No. 82s 11; 2005 No. 24s 11; 2013 No. 3s 18

20Sale of improperly marked unclassified computer games prohibited

A person must not sell, or attempt to sell, an unclassified computer game if the container, wrapping or casing in which the computer game is contained bears a marking or other thing indicating or suggesting the computer game has been classified.

Maximum penalty—60 penalty units or imprisonment for 6 months.

21Sale of improperly marked classified computer games

(1)A person must not sell, or attempt to sell, a classified computer game if the container, wrapping or casing in which the computer game is contained bears a mark or other thing indicating the computer game is not classified or has a classification other than the classification it has under this Act.

Maximum penalty—60 penalty units or imprisonment for 6 months.

(2)Subsection (3) applies if—

(a)the board reclassifies a computer game under the Commonwealth Act, section 39; or

(b)the board revokes a classification for a computer game under the Commonwealth Act, section 22B(3).

(3)Indicating the computer game has the classification that applied before the reclassification or revocation is sufficient compliance with subsection (1) for the 30-day period after the reclassification or revocation takes effect.

s 21 amd 2013 No. 3s 19

21AProhibition against selling certain classified computer games

(1)A person must not sell a classified computer game in a public place unless it is sold with the same title as the title under which it is classified.

Maximum penalty—60 penalty units.

(2)A person must not sell a classified computer game in a public place unless it is sold in the form, without alteration or addition, in which it is classified.

Maximum penalty—60 penalty units.

s 21A ins 1996 No. 56s 59

22Public demonstration of objectionable computer game

A person must not demonstrate, or attempt to demonstrate, an objectionable computer game in a way that it can be seen by persons in a public place.

Maximum penalty—20 penalty units.

23Demonstration of an objectionable computer game before a minor

A person must not demonstrate, or attempt to demonstrate, an objectionable computer game in the presence of a child.

Maximum penalty—100 penalty units.

s 23 amd 2013 No. 3s 20

24Sale of objectionable computer game prohibited

A person must not sell, or attempt to sell, an objectionable computer game.

Maximum penalty—60 penalty units or imprisonment for 6 months.

25Keeping together of classified and objectionable computer games

A person must not, on premises on or from which classified computer games are sold, keep or have possession of an objectionable computer game.

Maximum penalty—60 penalty units or imprisonment for 6 months.

26Possession of objectionable computer game

(1)A person must not have possession of an objectionable computer game to sell it.

Maximum penalty—60 penalty units or imprisonment for 6 months.

(2)A person must not have possession of an objectionable computer game to demonstrate it in a public place.

Maximum penalty—250 penalty units or imprisonment for 2 years.

(3)A person must not knowingly have possession of a child abuse computer game.

Maximum penalty—250 penalty units or imprisonment for 2 years.

27Making objectionable computer game

(1)A person must not, for gain, make or produce, or attempt to make or produce, an objectionable computer game.

Maximum penalty—250 penalty units or imprisonment for 2 years.

(2)A person must not, for gain, copy, or attempt to copy, an objectionable computer game.

Maximum penalty—250 penalty units or imprisonment for 2 years.

(3)A person must not make or produce, or attempt to make or produce, a child abuse computer game.

Maximum penalty—1000 penalty units or imprisonment for 5 years.

(4)A person must not copy, or attempt to copy, a child abuse computer game.

Maximum penalty—800 penalty units or imprisonment for 3 years.

28Obtaining minor for objectionable computer game

A person must not obtain, or attempt to obtain, a minor to be in any way concerned in the making or production of an objectionable computer game.

Maximum penalty—800 penalty units or imprisonment for 3 years.

29No liability in certain circumstances

A person is not guilty of an offence against section 26 or 27 in relation to an objectionable computer game of the kind other than that mentioned in the definition objectionable computer game paragraph (a)(ii) or (iii) if—

(a)the person took all reasonable steps to obtain classification of the computer game under the ordinance, having regard to the stage of making or production of the computer game or the time that has elapsed since making or production of the computer game; and

(b)the person believes on reasonable grounds that the computer game will be classified.

s 29 amd 2013 No. 3s 21

30Appointment of inspectors

(1)The chief executive may appoint any of the following persons to be an inspector—

(a)a public service officer;

(b)a police officer.

Note—

A proposed appointment of a police officer must have the approval of the commissioner of the police service under the Police Powers and Responsibilities Act 2000, section 13.

(2)The chief executive may appoint a person mentioned in subsection (1)(a) to be an inspector only if the chief executive believes the person has the necessary expertise or experience to be an inspector.

s 30 amd 2009 No. 48s 200

31Terms of appointment of inspectors

An inspector holds office under the conditions stated in the instrument of appointment.

32Identity cards

(1)This section does not apply to an inspector who is a police officer.

(2)The chief executive must give each inspector an identity card.

(3)The identity card must—

(a)contain a recent photograph of the person; and

(b)be signed by the person; and

(c)identify the person as an inspector under this Act.

(4)A person who stops being an inspector must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person stops being an inspector, unless the person has a reasonable excuse.

Maximum penalty—5 penalty units.

(5)This section does not prevent the giving of a single identity card to the person for this and other Acts.

s 32 amd 1997 No. 82s 12

33Production or display of inspector’s identity card

(1)This section does not apply to a police officer.

(2)An inspector may exercise a power in relation to a person only if—

(a)the inspector first produces the inspector’s identity card for the person’s inspection; or

(b)the inspector has the inspector’s identity card displayed so it is clearly visible to the person.

(3)However, if for any reason it is not practicable to comply with subsection (2) before exercising the power, the inspector must produce the identity card as soon as it is practicable.

s 33 amd 2000 No. 5s 461sch 3

34Entry to place by inspectors

(1)An inspector may enter a place if—

(a)its occupier consents to the entry; or

(b)the entry is authorised by a warrant.

(2)However, an inspector may, without the occupier’s consent or a warrant, enter—

(a)a public place when the place is open to the public; or

(b)the land around the premises to ask its occupier for consent to enter the premises.

35Consent to entry

(1)This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place.

(2)Before asking for the consent, the inspector must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)that the occupier was told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)that the occupier gives the inspector consent to enter the place and exercise powers under this part; and

(d)the time and date the consent was given.

(5)If the occupier signs an acknowledgement of consent, the inspector must immediately give a copy to the occupier.

(6)Subsection (7) applies to a court if—

(a)an issue arises, in a proceeding in or before the court, whether the occupier of a place consented to an inspector entering the place under this part; and

(b)an acknowledgement under this section is not produced in evidence for the entry; and

(c)it is not proved that the occupier consented to the entry.

(7)The court may presume that the occupier did not consent.

36Warrants

(1)An inspector may apply to a magistrate for a warrant for a place.

(2)The application must be sworn and state the grounds on which the warrant is sought.

(3)The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

(4)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and

(b)the evidence is, or may be within the next 7 days, at the place.

(5)The warrant must state—

(a)that a stated inspector may, with necessary and reasonable help and force, enter the place and exercise the inspector’s powers under this part; and

(b)the offence for which the warrant is sought; and

(c)the evidence that may be seized under the warrant; and

(d)the hours of the day or night when the place may be entered; and

(e)the date, within 7 days after the warrant’s issue, when the warrant ends.

37Warrants—applications made other than in person

(1)An inspector may apply for a warrant by phone, fax, radio or other form of communication if the inspector considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the inspector’s remote location.

(2)Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.

(3)The inspector may apply for the warrant before the application is sworn.

(4)After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy.

(5)If it is not reasonably practicable to fax a copy of the warrant to the inspector—

(a)the magistrate must—

(i)tell the inspector what the terms of the warrant are; and

(ii)tell the inspector the date and time the warrant was issued; and

(b)the inspector must complete a form of warrant (warrant form) and write on it—

(i)the magistrate’s name; and

(ii)the date and time the magistrate issued the warrant; and

(iii)the terms of the warrant.

(6)The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.

(7)The inspector must, at the first reasonable opportunity, send the magistrate—

(a)the sworn application; and

(b)if the inspector completed a warrant form—the completed warrant form.

(8)On receiving the documents, the magistrate must attach them to the warrant.

(9)Subsection (10) applies to a court if—

(a)an issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was not authorised by a warrant issued under this section; and

(b)the warrant is not produced in evidence.

(10)The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.

38General powers after entering places

(1)This section applies to an inspector who enters a place.

(2)For monitoring or enforcing compliance with this part, the inspector may—

(a)search any part of the place; or

(b)inspect, measure, test, photograph or film any part of the place or anything at the place; or

(c)demonstrate a computer game at the place; or

(d)copy a document or computer game at the place; or

(e)take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or

(f)require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the powers under paragraphs (a) to (e).

(3)A person must comply with a requirement under subsection (2)(f), unless the person has a reasonable excuse for not complying.

Maximum penalty—10 penalty units.

(4)If the requirement is to be complied with by the person giving information, or producing a document (other than a document required to be kept by the person under this part), it is a reasonable excuse for the person to fail to comply with the requirement, if complying with the requirement might tend to incriminate the person.

(5)This section applies to an inspector who enters a place to get the occupier’s consent only if the consent is given or the entry is otherwise authorised.

39Entry and search of vehicles etc.

(1)This section applies to an inspector who reasonably suspects—

(a)a vehicle is being, or has just been, used to commit an offence; or

(b)a vehicle, or a thing in a vehicle, may provide evidence of an offence that is being, or has just been, committed.

(2)The inspector may—

(a)enter the vehicle, using necessary and reasonable help and force; or

(b)search any part of the vehicle; or

(c)demonstrate a computer game in the vehicle; or

(d)inspect, measure, test, photograph or film any part of the vehicle or anything in the vehicle; or

(e)copy a document or a computer game in the vehicle; or

(f)take into the vehicle the persons, equipment and materials the inspector reasonably requires for exercising a power under this section; or

(g)require the person in control of the vehicle to give the inspector reasonable help to exercise the powers mentioned in paragraphs (a) to (f).

(3)A person must comply with a requirement under subsection (2)(g), unless the person has a reasonable excuse for not complying.

Maximum penalty—10 penalty units.

(4)Before entering an unattended vehicle, an inspector must take reasonable steps to advise its owner, or the person in control of it, of the intention to enter.

40Power to enable vehicle to be entered

(1)This section applies if an inspector intends to enter a vehicle.

(2)If the vehicle is moving or about to move, the inspector may require the person in control of the vehicle to stop or not to move it.

(3)The requirement may be given by a sign or hand signal.

(4)A person must comply with a requirement under subsection (2), unless the person has a reasonable excuse for not complying.

Maximum penalty—50 penalty units.

41Power to seize evidence

(1)An inspector who enters a place with the occupier’s consent may seize a thing in the place if—

(a)the inspector reasonably believes the thing is evidence of an offence against this Act; and

(b)seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.

(2)An inspector who enters a place with a warrant may seize the evidence for which the warrant was issued.

(3)An inspector may also seize anything else at a place or in a vehicle if the inspector reasonably believes—

(a)the thing is evidence of an offence against this Act; and

(b)the seizure is necessary to prevent the thing being hidden, lost, or destroyed or used to continue or repeat the offence.

(4)Also, an inspector may seize a thing if the inspector reasonably believes it has just been used in committing an offence against this Act.

42Additional power of inspector to seize computer games

(1)This section applies if—

(a)someone makes representations to the computer games classification officer about a computer game; and

(b)the computer games classification officer reasonably believes the computer game is an objectionable computer game.

(2)The computer games classification officer may direct an inspector to seize the computer game from any public place when the place is open to the public.

(3)The inspector may seize the computer game from the place.

(4)An inspector who seizes a computer game under subsection (3) must, as soon as practicable, submit the computer game to the computer games classification officer for classification.

(5)If a computer game seized under subsection (3) is classified as a G, PG, M, MA 15+ or R 18+ computer game, the inspector must immediately return the computer game to the person from whom it was seized.

s 42 amd 2013 No. 3s 22

43Powers supporting seizure

(1)Having seized a thing, an inspector may—

(a)move the thing from the place or vehicle where it was seized (the place of seizure); or

(b)leave the thing at the place of seizure but take reasonable action to restrict access to it.

Examples of restricting access to a thing—

1sealing a thing and marking it to show access to it is restricted

2sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted

(2)If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval.

Maximum penalty—60 penalty units.

(3)To enable a thing to be seized, an inspector may require the person in control of it—

(a)to take it to a stated reasonable place by a stated reasonable time; and

(b)if necessary—to remain in control of it at the stated place for a reasonable time.

(4)The requirement—

(a)must be made by notice in the approved form; or

(b)if for any reason it is not practicable to give the notice—may be made orally and confirmed by notice in the approved form as soon as practicable.

(5)The person must comply with the requirement, unless the person has a reasonable excuse for not complying.

Maximum penalty—60 penalty units.

(6)A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement.

44Receipt for seized things

(1)As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.

(2)However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.

(3)The receipt must describe generally each thing seized and its condition.

(4)This section does not apply to a thing if it is impracticable or would be unreasonable to give the notice required by the section (given the thing’s nature, condition and value).

45Return of seized things

(1)The inspector must return a seized thing to its owner at the end of—

(a)1 year; or

(b)if a proceeding for an offence involving it is started within the year—the proceeding and any appeal from the proceeding.

(2)Despite subsection (1), the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.

(3)Subsections (1) and (2) do not apply to a seized thing that is a child abuse computer game.

s 45 amd 1996 No. 56s 60

46Access to seized things

(1)Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.

(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

(3)Also, subsection (1) does not apply if the seized thing is a child abuse computer game.

47Power to require name and address

(1)This section applies if—

(a)an inspector finds a person committing an offence against this Act; or

(b)an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act.

(2)The inspector may require the person to state the person’s name and residential address.

(3)When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.

(4)The inspector may require the person to give evidence of the correctness of the stated name or residential address if the inspector reasonably suspects the stated name or address is false.

(5)A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(6)A person does not commit an offence against subsection (5) if—

(a)the person was required to state the person’s name and address by an inspector who suspected the person had committed an offence; and

(b)the person is not proved to have committed the offence.

s 47 amd 2000 No. 5s 461sch 3

49Power to require information

(1)This section applies if an inspector reasonably believes—

(a)an offence against this Act has just been committed; and

(b)a person may be able to give information about the offence.

(2)The inspector may require the person to give information about the offence.

(3)When making the requirement, the inspector must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse.

(4)The person must give the information, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(5)It is a reasonable excuse for an individual to fail to give information if complying with the requirement might tend to incriminate the individual.

50False or misleading statements

(1)A person must not—

(a)state anything to an inspector that the person knows is false or misleading in a material particular; or

(b)omit from a statement made to an inspector anything without which the statement is, to the person’s knowledge, misleading in a material particular.

Maximum penalty—50 penalty units.

(2)It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.

51Obstructing inspector

(1)A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse for the obstruction.

Maximum penalty—50 penalty units.

(2)If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person.

(3)In warning a person under subsection (2), an inspector must warn the person that—

(a)it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and

(b)the inspector considers the person’s conduct is an obstruction; and

(c)if the person continues or repeats the conduct, a police officer may be asked to help enforce this section.

s 51 amd 2000 No. 5s 461sch 3; 2009 No. 48s 201

53Impersonating inspectors

A person must not pretend to be an inspector.

Maximum penalty—100 penalty units or imprisonment for 6 months.

54Inspector to give notice of damage

(1)This section applies if—

(a)an inspector damages something when exercising or purporting to exercise a power; or

(b)a person (the other person) acting under the direction of an inspector damages something.

(2)The inspector must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing.

(3)If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state it in the notice.

(4)If, for any reason, it is impracticable to comply with subsection (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5)This section does not apply to damage the inspector reasonably believes is trivial.

(6)In this section—

owner of a thing includes the person in possession or control of it.

55Compensation

(1)A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part, including, for example, in complying with a requirement made of the person.

(2)Compensation may be claimed and ordered in a proceeding—

(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b)for an offence brought against the person claiming compensation.

(3)A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.

(4)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

56Approval of entity

(1)On receipt of a written application, the computer games classification officer may approve an entity as an approved entity.

(2)In considering whether to approve the entity, the computer games classification officer must have regard to—

(a)the purpose for which the entity was formed; and

(b)the extent to which the entity carries on activities of a medical, scientific, educational, cultural or artistic nature; and

(c)the reputation of the entity for the demonstration of computer games; and

(d)the conditions imposed by the entity about the admission of persons to the demonstration of computer games by the entity.

(3)The approval—

(a)must be published in the gazette; and

(b)takes effect on the date of publication; and

(c)continues in force until it is revoked.

(4)The computer games classification officer may revoke the approval if the computer games classification officer decides that, because of a change in the things mentioned in subsection (2), it is no longer appropriate that the entity be an approved entity.

57Application by approved entity for exemption for demonstration of computer game

An application for an exemption from this Act, or a provision of this Act, for a computer game that an approved entity intends to demonstrate at a stated event must—

(a)be made by the approved entity; and

(b)state the computer game and the event at which the approved entity intends to demonstrate the computer game; and

(c)be accompanied by a synopsis of the story or events depicted in the computer game; and

(d)be given to the computer games classification officer in writing.

58Exemption for demonstration of computer game

(1)On receipt of an application under section 57, the computer games classification officer may exempt an approved entity from this Act, or stated provisions of this Act, for a stated computer game to be demonstrated at a stated event.

(2)The exemption may be given on conditions.

(3)If the conditions are complied with, subsection (4) has effect for the demonstration by the approved entity of the computer game at the event.

(4)This Act, or the provisions of this Act stated in the exemption, do not apply and the computer game is not indecent or obscene material for the purposes of the Criminal Code.

s 58 amd 2005 No. 4s 30sch 1

59Exemption of entity and computer game for medical etc. purposes

(1)On receipt of a written application, the computer games classification officer may, in writing, exempt an entity from this Act, or specified provisions of this Act, for specified computer games.

(2)An exemption may only be given for computer games that are—

(a)of a medical, educational or scientific character; or

(b)intended to be used by the entity for a medical, educational or scientific purpose.

(3)The exemption may be given on conditions.

(4)If the conditions are complied with, subsection (5) has effect for the entity and the computer game.

(5)This Act, or the provisions of this Act stated in the exemption, do not apply and the computer game is not indecent or obscene material for the purposes of the Criminal Code.

s 59 amd 1995 No. 57s 4sch 1; 2005 No. 4s 30sch 1

div hdg sub 2008 No. 51s 9

amd 2009 No. 24s 1377

60Review by QCAT

(1)This section applies if the computer games classification officer makes a decision—

(a)refusing to approve an entity under section 56; or

(b)revoking the approval of an entity under section 56; or

(c)refusing to give an exemption under section 58 or 59.

(2)The computer games classification officer must give the entity a QCAT information notice for the decision.

(3)The entity may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

(4)In this section—

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

s 60 sub 2008 No. 51s 9; 2009 No. 24s 1378

62Evidentiary provisions

(1)This section applies to a proceeding under this Act.

(2)The appointment or power of the computer games classification officer, the officer’s delegate and an inspector must be presumed unless a party, by reasonable notice, requires proof of—

(a)the appointment; or

(b)the power to do anything under this Act.

(3)A signature purporting to be the signature of the computer games classification officer is evidence of the signature it purports to be.

(4)A certificate purporting to be signed by the computer games classification officer and stating any of the following matters is evidence of the matter—

(a)a stated computer game has been classified (and stating the classification);

(b)a computer game has not been classified;

(c)a computer game would, if classified, be classified (and stating the classification) and, if it would be classified RC, stating whether or not it is a child abuse computer game;

(d)an advertisement for a computer game has been approved or has been refused approval.

s 62 amd 1996 No. 56s 61

63Indictable offences and summary offences

(1)An offence against section 28 or against another provision of this Act involving a child abuse computer game is punishable on indictment.

(2)Any other offence against this Act is punishable summarily.

(3)An indictable offence against this Act may be heard and decided summarily at the defendant’s election.

(4)A complaint under the Justices Act 1886 for a summary offence against this Act may be made only by—

(a)the computer games classification officer; or

(b)someone else with the Minister’s written authority.

s 63 amd 1996 No. 56s 62

64Forfeiture

(1)On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—

(a)anything (including a computer or computer game) used to commit the offence; or

(b)anything else, the subject of the offence.

(2)The court may make the order—

(a)whether or not the thing has been seized; and

(b)if the thing has been seized—whether or not the thing has been returned to its owner.

(3)The court may make an order to enforce the forfeiture that it considers appropriate.

(4)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

65Dealing with forfeited things

On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.

66Classified computer games not indecent or obscene

(1)A classified computer game and an approved advertisement for the game are not indecent or obscene material for the purposes of the Criminal Code.

(2)This section does not apply to a computer game classified RC.

s 66 amd 1996 No. 56s 63; 2005 No. 4s 30sch 1

67Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may prescribe penalties of fines of not more than 20 penalty units for offences against a regulation.

s 67 amd 2008 No. 51s 11

68Delegation by computer games classification officer

(1)The computer games classification officer may, with the chief executive’s written approval, delegate the officer’s powers under this Act to—

(a)another officer of the department; or

(b)someone else prescribed under a regulation.

(2)The computer games classification officer may delegate the officer’s powers only if the officer is satisfied the delegate has the necessary expertise or experience to exercise the powers.

69Chief executive may approve forms

The chief executive may approve a form for use under this Act.

69AProtection of officials from criminal liability

(1)An official is not criminally liable for an act done honestly and without negligence in the performance of the official’s functions under this Act.

(2)In this section—

official means any of the following persons—

(a)the computer games classification officer;

(b)the convenor;

(c)the director;

(d)a person appointed as an inspector under section 30;

(e)a public service employee assisting a person mentioned in paragraph (a) or (d) above.

s 69A ins 2013 No. 3s 23

pt hdg ins 2005 No. 24s 12

sub 2008 No. 51s 12

div hdg ins 2008 No. 51s 12

70Conversion of particular classifications of computer games to equivalent new classifications

(1)This section applies if, immediately before the commencement of this section, a computer game had a classification (the original classification) under this Act mentioned in column 1 of the following table—

	Table
	Column 1	Column 2
	G(8+)	PG
	M(15+)	M
	MA(15+)	MA 15+
	R	R 18+
	X	X 18+

(2)From the commencement, the computer game is taken to have the classification under this Act set out opposite the original classification in column 2 of the table (the new classification).

(3)From the commencement, a reference in an Act or a document to an original classification may, if the context permits, be taken to be a reference to the new classification.

(4)A change from an original classification to the new classification does not affect a proceeding for an offence alleged to have been committed before the commencement, whether the proceeding is started before or after the commencement, in relation to a computer game described by reference to the original classification.

s 70 prev s 70 sub 1996 No. 56s 64

exp 20 February 1997 (see s 70(2))

pres s 70 ins 2005 No. 24s 12

div hdg ins 2008 No. 51s 13

71Definitions for div 2

In this division—

amending Act means the Justice Legislation Amendment Act 2008, part 2.

commencement means the commencement of this section.

s 71 ins 1995 No. 51s 4 sch

exp 22 November 1996 (see s 71(5))

om 1996 No. 56s 64

ins 1997 No. 82s 14

exp 1 August 1998 (see s 71(2))

pres s 71 ins 2008 No. 51s 13

72Existing appeals

(1)This section applies to an appeal started under previous section 8 or previous section 60(2) but not ended before the commencement of this section.

(2)The appeal may continue and be decided as if the amending Act had not been enacted.

(3)In this section—

previous, followed by a provision number, means the provision as in force immediately before the commencement.

s 72 ins 2008 No. 51s 13

73Existing entitlements to appeal

(1)This section applies if, immediately before the commencement—

(a)a person was entitled to appeal against a decision mentioned in section 8 or 60(2) (the relevant provision) and had not started the appeal; and

(b)the period mentioned in the relevant provision for starting the appeal had not ended.

(2)This Act as amended by the amending Act applies to the appeal.

s 73 ins 2008 No. 51s 13

74Existing proceedings for offences relating to advertisements for computer games

(1)This section applies if a proceeding for an offence against a provision of part 4 was started, but had not ended, before the commencement of the amending Act, section 14(3).

(2)Despite the Criminal Code, section 11, the proceeding may continue, and the provision may be enforced, as if the amending Act, section 14(3) had not been enacted.

s 74 ins 2008 No. 51s 13

div 3 (ss 75–82) ins 2013 No. 3s 24

75Definitions for div 3

In this division—

commencement means the commencement of this section.

film see the Commonwealth Act, section 5.

div 3 (ss 75–82) ins 2013 No. 3s 24

76Classification or reclassification under ss 5 and 6

(1)This section applies to a film if—

(a)immediately before the commencement, the film was a computer game under this Act; and

(b)classification under section 5, or reclassification under section 6, of the film was started but not completed before the commencement.

(2)The classification or reclassification may be decided as if the film were still a computer game under this Act.

(3)For the Classification of Films Act 1991, the film is taken to have the classification decided under this section.

div 3 (ss 75–82) ins 2013 No. 3s 24

77Classification applying to particular films

(1)This section applies to a film that, immediately before the commencement—

(a)was a computer game under this Act; and

(b)had a classification G, PG, M, MA 15+ or RC that was given under this Act.

(2)For the Classification of Films Act 1991, the film is taken to have the classification mentioned in subsection (1)(b).

(3)Subsection (2) stops applying if the film is classified under the Commonwealth Act.

div 3 (ss 75–82) ins 2013 No. 3s 24

78Applications for exemption under s 57

(1)This section applies if—

(a)an application for an exemption under section 57 was made before the commencement for a film that, immediately before the commencement, was a computer game under this Act; and

(b)the application was not decided before the commencement.

(2)The application may be decided as if the film were still a computer game under this Act.

(3)If an exemption is given, the exemption is taken, for the Classification of Films Act 1991, to be an exemption given under section 58 of that Act.

div 3 (ss 75–82) ins 2013 No. 3s 24

79Applications for exemption under s 59

(1)This section applies if—

(a)an application for an exemption under section 59 was made before the commencement for a film that, immediately before the commencement, was a computer game under this Act; and

(b)the application was not decided before the commencement.

(2)The application may be decided as if the film were still a computer game under this Act.

(3)If an exemption is given, the exemption is taken, for the Classification of Films Act 1991, to be an exemption given under section 59A of that Act.

div 3 (ss 75–82) ins 2013 No. 3s 24

80Existing exemptions under ss 58 and 59

(1)This section applies if an exemption is given under section 58 or 59 before the commencement for a film that, immediately before the commencement, was a computer game under this Act.

(2)For the Classification of Films Act 1991, the exemption is taken to have been given under section 58 or 59A of that Act respectively.

(3)If the exemption is subject to a condition, the exemption remains subject to the condition.

div 3 (ss 75–82) ins 2013 No. 3s 24

81Entitlement to review by QCAT

(1)This section applies if, immediately before the commencement, a person could have applied to QCAT for the review of a decision in relation to a film that, immediately before the commencement, was a computer game under this Act.

(2)The application may be made and decided as if the film were still a computer game under this Act.

(3)For the Classification of Films Act 1991—

(a)the film is taken to have any classification decided under this section by QCAT; and

(b)an exemption given by QCAT under section 58 or 59 is taken to have been given under section 58 or 59A of the Classification of Films Act 1991 respectively.

div 3 (ss 75–82) ins 2013 No. 3s 24

82Review by QCAT

(1)This section applies if an application for the review of a decision under section 8 or 60 is made but not decided before the commencement of this section in relation to a film that, immediately before the commencement, was a computer game under this Act.

(2)The application may be decided as if the film were still a computer game under this Act.

(3)For the Classification of Films Act 1991—

(a)the film is taken to have any classification decided under this section by QCAT; and

(b)an exemption given by QCAT under section 58 or 59 is taken to have been given under section 58 or 59A of the Classification of Films Act 1991 respectively.

div 3 (ss 75–82) ins 2013 No. 3s 24

section 3

advertisement, for a computer game, means any form of advertising for the computer game and includes—

(a)advertising, whether visual or audible, whether in the form of written or spoken words or other sounds and whether in a book, paper, magazine, poster, photograph, sketch, program, computer game or slide or in any other form; and

(b)advertising on a container or wrapping enclosing the computer game; and

(c)advertising on the internet;

but does not include—

(d)advertising, in an imported publication, for a computer game that has not been published in Australia; or

(e)

advertising, in an imported film or computer game that is in a form that can not be modified, for a computer game that has not been published in Australia (advertised game), whether or not the advertised game is later published in Australia; or

(f)advertising by way of a product that—

(i)refers to, or is derived from, the computer game; and

(ii)is primarily intended to be sold or distributed to the general public or to a section of the general public; and

(iii)a reasonable person would not consider to be a primary source of classification information for consumers about the computer game.

def advertisement amd 1996 No. 56 s 65(3)

sub 2002 No. 13 s 24(1)–(2)

amd 2008 No. 51 s 14(3)–(4); 2013 No. 3 s 25(3)–(4)

appeal body ...

def appeal body om 2008 No. 51 s 14(1)

approved form means a form approved by the chief executive.

def approved form amd 2009 No. 48 s 202(1)

at a place includes in or on the place.

board means the Classification Board established under the Commonwealth Act.

def board ins 1996 No. 56 s 65(2)

bulletin board ...

def bulletin board om 2013 No. 3 s 25(1)

CCT ...

def CCT ins 2008 No. 51 s 14(2)

om 2009 No. 24 s 1379

CCT Act ...

def CCT Act ins 2008 No. 51 s 14(2)

om 2009 No. 24 s 1379

child abuse computer game means a computer game that is an objectionable computer game because it depicts a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not) in a way likely to cause offence to a reasonable adult.

def child abuse computer game amd 1997 No. 82 s 13

classified means classified under this Act or the Commonwealth Act.

def classified amd 1996 No. 56 s 65(4)

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).

def Commonwealth Act ins 1996 No. 56 s 65(2)

Commonwealth gazette means the Commonwealth of Australia gazette.

def Commonwealth gazette ins 1996 No. 56 s 65(2)

computer game see the Commonwealth Act, section 5A.

def computer game amd 1995 No. 57 s 4 sch 1

sub 1996 No. 56 s 65(1)–(2)

amd 2002 No. 13 s 24(3)

sub 2013 No. 3 s 25(1)–(2)

computer games classification officer means the person holding the office of computer games classification officer appointed under the Public Service Act 2008.

def computer games classification officer amd 1996 No. 37 s 147 sch 2; 2009 No. 25 s 83 sch

computer-generated image ...

def computer-generated image om 2013 No. 3 s 25(1)

computer program ...

def computer program om 2013 No. 3 s 25(1)

consumer advice means the consumer advice about the computer game decided by the board under the Commonwealth Act.

def consumer advice ins 1996 No. 56 s 65(2)

sub 2013 No. 3 s 25(1)–(2)

convenor means the convenor of the review board.

def convenor ins 2008 No. 51 s 14(2)

conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court.

deal with includes sell, dispose of and destroy.

demonstrate includes exhibit, display, screen, play and make available for playing.

determined markings means the markings determined under the Commonwealth Act.

def determined markings sub 1996 No. 56 s 65(1)–(2)

amd 2009 No. 48 s 202(2)

sub 2013 No. 3 s 25(1)–(2)

director means the director of the board.

def director ins 1996 No. 56 s 65(2)

exempt computer game see section 5 of the Commonwealth Act.

def exempt computer game ins 2002 No. 13 s 24(2)

amd 2009 No. 48 s 202(3)

interactive film ...

def interactive film ins 1996 No. 56 s 65(2)

om 2013 No. 3 s 25(1)

objectionable computer game—

(a)means a computer game, or an advertisement for a computer game, that—

(i)describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence, or revolting or abhorrent phenomena in a way that offends against standards of morality, decency and propriety generally accepted by reasonable adults; or

(ii)depicts a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not) in a way likely to cause offence to a reasonable adult; or

(iii)promotes, incites or instructs in matters of crime or violence; or

(iv)for a computer game—is classified RC; or

(v)for an advertisement—is refused approval under the Commonwealth Act, section 29; but

(b)does not include a computer game that is classified, or if it were classified, would be classified, as an R 18+ computer game.

def objectionable computer game amd 1996 No. 56 s 65(5)–(6); 1997 No. 82 s 13

sub 2013 No. 3 s 25(1)–(2)

obstruct includes hinder, resist and attempt to obstruct.

occupier, of a place, includes a person who reasonably appears to be the occupier, or in charge, of the place.

on a place or vehicle includes in the place or vehicle.

ordinance ...

def ordinance om 1996 No. 56 s 65(1)

owner, of a seized thing, includes the person from whom the thing was seized unless the inspector concerned is aware of the actual owner.

person in control, of a vehicle, includes—

(a)the driver of the vehicle; or

(b)the person who reasonably appears to be the driver; or

(c)the person who appears to be, claims to be or acts as if he or she is in control of a vehicle.

place includes premises and a place on land or waters, but does not include a vehicle.

possession, of a computer game, includes—

(a)custody or control of the computer game; and

(b)an ability or right to obtain custody or control of the computer game.

premises includes—

(a)a building or structure, or part of a building or structure; and

(b)the land where a building or structure is situated.

public place means a place that—

(a)the public may use; or

(b)is open to, or used by, the public (whether or not on payment of money).

publish includes sell and demonstrate.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

reasonably suspects means suspects on grounds that are reasonable in all the circumstances.

review board see section 5 of the Commonwealth Act.

def review board ins 2002 No. 13 s 24(2)

sell, for a computer game, means—

(a)sell, whether by wholesale or retail; or

(b)display for sale; or

(c)let on hire; or

(d)exchange; or

(e)distribute; or

(f)offer or agree to do an act mentioned in paragraphs (a) to (e); or

(g)invite to treat or expose for an act mentioned in paragraphs (a) to (e); or

(h)cause or permit to be done an act mentioned in paragraphs (a) to (g).

vehicle includes an aircraft and a ship.