27 Sale or public demonstration of unclassified or RC computer games prohibited
A person must not sell or publicly demonstrate:(a) a computer game classified RC, or(b) an unclassified computer game.Maximum penalty:
• in the case of an unclassified computer game that is subsequently classified G, PG or M—10 penalty units for an individual, 20 penalty units for a corporation• in the case of an unclassified computer game that is subsequently classified MA 15+ or R 18+—20 penalty units for an individual, 50 penalty units for a corporation• in the case of a computer game classified RC or an unclassified computer game that is subsequently classified RC—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.
28 Classified computer games not to be sold or demonstrated under different title or in altered form
A person must not sell a classified computer game, or demonstrate a classified computer game in a public place, unless the computer game:(a) is sold or demonstrated with the same title as that under which it is classified, and(b) is sold or demonstrated in the form, without alteration or addition, in which it is classified.Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
29 Display of notice about classifications
A person who sells or publicly demonstrates a computer game must keep a notice in the approved form about classifications for computer games on public display in a prominent place in the place where the computer game is sold or demonstrated.Maximum penalty: 5 penalty units for an individual, 10 penalty units for a corporation.
30 Sale or delivery of RC, R 18+ or MA 15+ computer games to minors prohibited
(1) A person must not sell or deliver to a minor a computer game classified RC or an unclassified computer game that would, if classified, be classified RC.Maximum penalty: 150 penalty units or imprisonment for 2 years for an individual, 300 penalty units for a corporation.
(1A) A person must not sell or deliver to a minor a computer game classified R 18+, or an unclassified computer game that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor.Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
(1B) It is a defence to a prosecution for an offence under subsection (1A) to prove that:(a) the minor, before being sold or delivered the computer game, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was an adult, or(b) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was an adult, or(c) the minor was employed by the defendant and the delivery took place in the course of that employment.(2) A person must not sell or deliver to a minor under 15 a computer game classified MA 15+, or an unclassified computer game that would, if classified, be classified MA 15+, unless the person is a parent or guardian of the minor.Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation.
(3) It is a defence to a prosecution for an offence under subsection (2) to prove that:(a) the minor, before being sold or delivered the computer game, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or(b) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was 15 or older.
30A Parents not to permit minors to attend demonstration of RC or R 18+ computer games
A person who is the parent or guardian of a minor must not permit the minor to attend the demonstration in a public place of a computer game classified RC or R 18+ or an unclassified computer game that would, if classified, be classified RC or R 18+.Maximum penalty: 20 penalty units.
31 Minors over 15 not to buy or attend demonstration of RC or R 18+ computer games
A minor who is 15 or older must not:(a) buy a computer game classified RC or R 18+, or(b) attend the demonstration of a computer game classified RC or R 18+ in a public place,knowing that the computer game is so classified.Maximum penalty: 5 penalty units.
31A R 18+ computer games not to be publicly demonstrated in presence of minors
(1) A person must not publicly demonstrate a computer game classified R 18+ if a minor is present during any part of the demonstration.Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation.
(2) It is a defence to a prosecution for an offence under this section to prove that:(a) the minor, before being admitted to the part of the public place in which the computer game was demonstrated, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was an adult, or(b) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was an adult, or(c) the minor was employed by the defendant and the demonstration took place in the course of that employment.
32 MA 15+ computer games not to be publicly demonstrated in presence of minors under 15
(1) A person must not publicly demonstrate a computer game classified MA 15+ if:(a) a minor under 15 is present during any part of the demonstration, and(b) the minor is not accompanied by his or her parent or guardian.Maximum penalty: 10 penalty units for an individual, 20 penalty units for a corporation.
(2) For the purposes of this section:(a) a minor does not cease to be accompanied by his or her parent or guardian merely because the parent or guardian is temporarily absent during the demonstration, and(b) an offence is committed in respect of each unaccompanied minor present at the demonstration of the game.(3) It is a defence to a prosecution for an offence under subsection (1) to prove that:(a) the minor, before being admitted to the part of the public place in which the computer game was demonstrated, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or(b) the defendant or the defendant’s employee or agent believed on reasonable grounds that the minor was 15 or older, or(c) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the person accompanying the minor was the minor’s parent or guardian.
33 Private demonstration of RC or R 18+ computer games in presence of minors
(1) A person must not privately demonstrate in the presence of a minor a computer game classified RC or an unclassified computer game that would, if classified, be classified RC.Maximum penalty: 100 penalty units.
(1A) A person must not privately demonstrate in the presence of a minor a computer game classified R 18+, or an unclassified computer game that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor.Maximum penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence under this section to prove that the defendant believed on reasonable grounds that the minor was an adult.
34 Computer games to display determined markings and consumer advice
(1) A person must not publicly demonstrate a computer game classified R 18+ or MA 15+ unless the determined markings are exhibited before the computer game is demonstrated.(2) A person must not sell a computer game unless the determined markings relevant to the classification of the computer game, and any consumer advice applicable to the game, are displayed on the container, wrapping or casing of the game.(3) A person must not sell an unclassified computer game if the container, wrapping or casing in which the computer game is sold displays a marking that indicates or suggests that the computer game has been classified.(4) A person must not sell a classified computer game if the container, wrapping or casing in which the computer game is sold displays a marking that indicates or suggests that the computer game is unclassified or has a different classification.(4A) A person must not make a computer game available for playing on a pay and play basis (for example, a coin operated arcade game) unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the device used for playing the game.(4B) If two or more computer games are available for playing on a device referred to in subsection (4A), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification.(5) If:(a) a computer game is reclassified under the Commonwealth Act, or(b) the Board revokes a classification or consumer advice for a computer game under section 22B (3) of that Act,display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect.Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation.
35 Keeping unclassified or RC computer games with other computer games
(1) If a person keeps or possesses any unclassified computer game or computer game classified RC on any premises where classified computer games are sold or publicly demonstrated, the person and the occupier of the premises are each guilty of an offence.Maximum penalty: 100 penalty units for an individual, 250 penalty units for a corporation.
(2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, and could not reasonably have known, that the computer game was on the premises.
36 Leaving RC computer games in certain places
(1) A person must not leave in a public place or, without the occupier’s permission, on private premises:(a) a computer game classified RC, or(b) an unclassified computer game that would, if classified, be classified RC.Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.
(2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, or could not reasonably be expected to have known, that the computer game is or would be classified RC.
37 Possession or copying of computer games for the purpose of sale or demonstration
(1) A person must not possess:(a) a computer game classified RC, or(b) an unclassified computer game that would, if classified, be classified RC,with the intention of selling or demonstrating the computer game.(2) A person must not copy:(a) a computer game classified RC, or(b) an unclassified computer game,with the intention of selling or demonstrating the computer game or the copy.(3) In proceedings for an offence under this section, evidence that a person made or possessed 10 or more copies of an unclassified computer game is prima facie evidence that the person intended to sell or demonstrate the computer game.Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.