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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-12-03 Daily Xml
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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (R18+ FILMS) AMENDMENT BILL

Second Reading

Second reading.

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (11:02): The Classification (Publications, Films and Computer Games (R18+ Films) Amendment Bill 2009 amends the Classification (Publications, Films and Computer Games) Act 1995, which I shall refer to as the South Australian Classification Act. The amendments do two things: first, new section 40A of the act will prohibit an occupier of premises (other than adults-only premises) at which films with a classification lower than R18+ are sold displaying material for a film classified R18+ at the premises unless:

the material is displayed in a different area (including, for example, in a different aisle or on a different shelving case, stand or table) from that in which material for other films is displayed;

the area is marked as an area displaying material for films classified R18+ by a notice complying with subsection (2) displayed in a prominent place near the area;

the surface area of the material that is on display (for example, the front cover of a DVD container where that is on display) is not more than 300 centimetres; or

unless, at all times while on display, the material bears no images or marking other than:

(i) the name of the film in letters of 10 millimetres or less in height; and

(ii) the determined markings relevant to its classification.

A notice required to be displayed under this new provision must contain this statement (printed in legible type of at least 15 millimetres in height and of a colour that contrasts with the background colour of the notice):

R18+ FILMS AREA—THE PUBLIC ARE WARNED THAT MATERIAL DISPLAYED IN THIS AREA MAY CAUSE OFFENCE.

It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant—

did not know, and could not reasonably have known, that the material was on the premises; or

took all reasonable steps to prevent the commission of the offence.

When introducing this bill in another place, the Hon. Dennis Hood MLC advised that the thrust of the bill is to put R18+ films quite separately from children's films. Secondly, the bill inserts a new section 69A into the act. This provision will prohibit an occupier of premises (other than an adults-only premises) at which films with a classification lower than R18+ are sold:

exhibiting for promotional purposes at the premises a film or part of a film classified R18+; or

displaying for promotional purposes at the premises a poster, pamphlet or other printed material for a film classified R18+.

A similar defence to that already described is provided to this offence. The Hon. Dennis Hood also advised that new section 69A will prohibit the showing of trailers or other promotional material with a rating of R18+ or greater. These measures are expected to complement the existing restrictions on the sale and exhibition of R18+ films and promotional material while imposing small costs on businesses that sell or rent films.

I agree with the Hon. Dennis Hood that many parents would support these measures. For these reasons, the government is happy to support the second reading of the bill and to take it through all stages.

Ms CHAPMAN (Bragg) (11:05): I indicate that the opposition supports the bill and looks forward to its swift passage through the house.

Bill read a second time and taken through its remaining stages.

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