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The Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2012 was passed by the A.C.T. Legislative Assembly on 23 August 2012. The Act commenced on 1 January 2013 .
This Act creates a new R18+ classification category for computer games .
It prevents the sale of computer games classified under this category to children and young people under the age of 18. The Act protects children from inappropriate content and makes the content of computer games clear to adults who are considering purchasing them.
Previously, computer games were only classified up to MA15+. Any games considered to be outside of this category were refused classification. The R18+ classification category for computer games fits within the current framework which contains the G, PG, M, MA15+ and RC categories.
First R18+ computer game in Australia On 11 January 2013, 'Ninja Gaiden 3: Razor's Edge' became the first computer game in Australia to be classified R18+ under the new classification catergory. A Media Release issued by the Australian Government Classification Board provides further information. Please check the National Classification Database for the classification of any computer game.
The A.C.T. Government enforces the classifications made by the Commonwealth. The Office of Regulatory Services (ORS) enforces the requirements that form part of the new category.
R18+ computer games may be available from a wide range of retail outlets, such as department stores and specialist computer games stores, however there are restrictions on how they can be demonstrated and sold.
The ORS has inspection powers, including the power to enter and search premises without a warrant, to ensure that businesses are complying with their obligations and that offences are not being committed. If you believe a business is not complying with the legislation, complaints can be made to the ORS.
The Act has been amended to include penalties for offences relating to R18+ computer games. These include:
A person commits an offence if they:
For R18+ computer games the maximum penalty is:
Demonstrate an R18+ or MA15+ computer game in a public place and either:
the determined markings are not exhibited before the computer game can be played; or,
entry to the public place is not restricted to adults (or children accompanied by adults for MA15+).
Individual: $5, 500
Corporation: $27, 500
Demonstrate an RC, R18+ or MA15+ computer game somewhere that is not a controlled space.
Individual: $5, 500
Corporation: $27, 500
Demonstrate an RC, R18+ or MA15+ computer game in a place other than a public place and a child is present.
Individual: $5, 500
Corporation: $27, 500
Sell or deliver an RC or R18+ computer game to a child.
Individual: $5, 500
Corporation: $27, 500
Leave an RC, R18+ or MA15+ computer game in a public place or a private premise without the occupier’s permission.
Individual: $5, 500
Corporation: $27, 500
Some relevant definitions from the legislation are:
Demonstrate includes exhibit, display, screen or make available for playing.Sell means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale.Controlled space means a space where the person demonstrating the computer game can prevent someone entering the space and can prevent the computer game being seen from outside the space.Public place means any place which the public is entitled to use or which is open to or used by the public, whether on payment of money or otherwise.
Under the Legislation Act 2001 , a penalty unit is $110 for an individual and 5 times that for a corporation ($550). These penalties are proportionate to the classification, usually falling between the penalty rates for unclassified (RC) and MA 15+ computer games.
More information for businesses that may be affected can be found here .
If you have any queries, please call the Office of Regulatory Services on 6207 3000 (and select Fair Trading).
Some of the relevant legislation for the classification of computer games includes:
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