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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3638 ..
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES)
PRESENTATION SPEECH
This Bill will also amend some of the enforcement provisions of the Act. Specifically, the requirement to have all unclassified films and computer games classified before a prosecution may be commenced will be amended so that, where the offence is solely based on the unclassified nature of the film or computer game, the film or computer will not required to be classified before prosecution. This involves considerable expense to the prosecution and, where the offence is simply of selling an unclassified film, it is not necessary. Where an unclassified film or computer game is of such a nature that it seems that it may fall within the Refused Classification category however, this material would continue to be classified by the prosecution and prosecuted as such.
The Bill also amends the Act to allow for the forfeiture of Refused Classification material where a person is convicted of an offence in respect of this material. This material is of such a nature that it is in the public interest that it be forfeited and removed from any possible further distribution.
The licensing of X film distribution is appropriately placed in the Classification Enforcement Act as that Act regulates all other facets of the distribution of classified material in the Territory. As I mentioned earlier Mr Speaker, the main object of the Business Franchise ("X" Videos) Act
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