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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-10-18 Daily Xml
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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (R18+ COMPUTER GAMES) AMENDMENT BILL

Second Reading

Second reading.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (16:28): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Classification (Publications, Films and Computer Games) Act 1995 (the Act) to provide for an R18+ classification for computer games, consequent upon the Commonwealth Classification (Publications, Films and Computer Games) (R18+ Computer Games) Amendment Act 2012 and to regulate the display and advertising of R18+ DVDs and computer games.

Australia does not have a classification category for games that are intended for adults. The highest classification currently available for computer games MA15+, which means that many computer games that are classified as R18+ overseas are modified, sometimes several times, to bring them within the MA15+ classification so that they can be sold in Australia.

Following 10 years of negotiations between the Commonwealth, States and Territories and a long and comprehensive public consultation period there is agreement to introduce an R18+ classification for games. The consultation process carried out by the Commonwealth showed overwhelming support for an adult classification for computer games. The R18+ classification will bring Australia into line with the classification systems in many overseas countries and will ensure that games that are unsuitable for minors to play are properly classified as adult material. In particular, games that are R18+ overseas should no longer be modified in an attempt to fit within the MA15+ classification. These games will properly be restricted to adults. This is likely to lower the risk of games that contain high levels of violence being available to minors. The RC, refused classification, will still apply to material that does not come within the national classification guidelines for R18+ games.

The Classification Board and the South Australian Classification Council must classify a publication, film or computer game in accordance with the National Classification Code and the national classification guidelines. New draft guidelines for the classification of computer games have been developed by Classification Ministers. The first draft was publicly released by the Commonwealth in May 2011 for comment. The final Guidelines were recently agreed to by the Classification Ministers. The new guidelines will include the new R18+ classification and have been carefully drafted to balance the underpinning principle of the Classification Code that adults should be able to see, hear and play what they want and the need to protect minors from being exposed to material that may harm or offend them. For that reason, the draft Guidelines take into account the interactive nature of computer games and how that may affect the impact of the content of the games on the individuals playing them. The Classification Board will be required to specifically address interactivity as a separate criterion when classifying computer games.

We have also taken the opportunity in this Bill to address concerns from industry about the regulation of display and advertising of R18+ DVDs, because the same restrictions will soon apply to R18+ computer games. The current provision, section 40A, was the result of amendments introduced by the Hon. Dennis Hood MLC in 2009. Section 40A sets down strict requirements for display and advertising of R18+ films, with a $5,000 penalty attached. The Australian National Retailers Association, following discussions with the Hon. Dennis Hood, has requested amendments to allow some flexibility for retailers who are concerned about the risk of prosecution from inadvertent breaches of section 40A requirements. The proposed amendments will provide for retailers to comply with a code of practice to be prescribed by the Regulations. The Code will be developed in consultation with the retail industry, and it will be a defence to a prosecution for an offence against the display and advertising requirements that the defendant complied with a code of practice prescribed by the regulations.

The introduction of an R18+ classification for computer games is a sensible and long overdue reform.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Classification (Publications, Films and Computer Games) Act 1995

4—Amendment of section 15—Types of classifications

This clause amends section 15 to provide for an R 18+ classification for computer games.

5—Amendment of section 40A—Keeping R 18+ films with other films

This clause makes a minor amendment to allow a defence where a prescribed code of practice is complied with (consistently with proposed section 60A to be inserted in relation to R 18+ computer games).

6—Amendment of section 56—Demonstration etc of RC computer games

This clause makes a minor drafting amendment to include the matter currently covered by section 58(1) in section 56 (and therefore allowing the substitution of section 58(1), discussed below).

7—Repeal of section 57

This clause repeals section 57 because the offence currently contained in that provision is now being relocated to section 58(1c).

8—Amendment of section 58—Demonstration etc of unclassified, R 18+ and MA 15+ computer games

The offence relating to RC games that is currently contained in section 58(1) is being relocated to section 56 and this clause substitutes new offences relating to R 18+ games and relocates the current offence relating to MA 15+ games from section 57.

9—Amendment of section 59—Private demonstration of RC and R 18+ computer games in presence of minor

This clause creates an offence relating to private demonstration of an R 18+ computer game (by a person other than a parent or guardian), consistently with the provisions in the Act relating to R 18+ films.

10—Insertion of section 60A

This clause inserts a new provision on keeping R 18+ computer games with other computer games, to ensure consistency with the provisions relating to R 18+ films. As discussed above, a new defence is however included which allows for compliance with a prescribed code of practice.

11—Amendment of section 62—Sale or delivery of certain computer games to minors

This clause inserts a new offence relating to sale or delivery of an R 18+ game to a minor by a person other than a parent or guardian.

12—Amendment of section 63—Power to demand particulars and expel minors

This clause makes a consequential amendment to section 63.

13—Amendment of section 64—Leaving computer games in certain places

This clause extends the current offences relating to leaving an RC computer game in a public place or, without the occupier's permission, on private premises to R 18+ games.

14—Amendment of section 69A—Liability of occupier for R 18+ advertisements in video stores etc

This clause makes consequential amendments to section 69A and allows for a new defence which allows for compliance with a prescribed code of practice.

15—Amendment of section 71—Advertisements with computer games

This clause makes a consequential amendment to section 71.

16—Amendment of section 75A—Interpretation

This clause makes a consequential amendment to the definition of matter unsuitable for minors.

17—Amendment of section 80—Powers of entry, seizure and forfeiture

This clause makes a consequential amendment to the provision governing powers of entry, seizure and forfeiture.

18—Amendment of section 91—Regulations

This clause is consequential to clauses 5 and 10.

Debate adjourned on motion of Hon. S.G. Wade.


At 16:29 the council adjourned until Tuesday 30 October 2012 at 14:15.


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