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Update June 2002: For the later (2002) version of this Bill, see separate page.

The Bill tabled in SA Parliament in November 2000 was titled Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill 2000.

In early June 2001, the Bill was split into two bills so that clause 12 of the original Bill, which covered Internet content, could be referred to a Select Committee. The Bill concerning Internet content was titled Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) 2001. (The other parts of the original Bill were placed in Bill No. 1 and passed by the Legislative Council).

In November 2001, the No. 2 Bill was renamed to Classification (Publications, Films and Computer Games) (On-line Services) Amendment Bill.

Two copies of the provisions of the SA Bill are available:

A border around text in the extract below signifies a definition from another Act, referred to in the SA Bill, and inserted below for ease of reference (such text does not appear in the SA Bill).

South Australian
Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) 2001

[Note: This Bill has since been slightly amended and renamed the Classification (Publications, Films and Computer Games) (On-line Services) Amendment Bill. The following is Clause 12 of the old Bill.]

12. The following Part is inserted after Part 7 of the principal Act:

PART 7A
ON-LINE SERVICES

Interpretation

75A. In this Part:

"access" has the same meaning as it has in the Commonwealth Broadcasting Act.

Commonwealth Broadcasting Act states:
access includes:
(a) access that is subject to a pre-condition (for example, the use of a password); and
(b) access by way of push technology; and
(c) access by way of a standing request.

"Internet content" has the same meaning as in the Commonwealth Broadcasting Act.

Commonwealth Broadcasting Act states:
Internet content means information that:
(a) is kept on a data storage device; and
(b) is accessed, or available for access, using an Internet carriage service;
but does not include:
(c) ordinary electronic mail; or
(d) information that is transmitted in the form of a broadcasting service.

"matter unsuitable for minors" means Internet content consisting of a film that is classified R, or that would, if classified, be classified R, or an advertisement for any such film consisting of or containing an extract or sample from the film comprising moving images;

Commonwealth Act, to which SA Act refers, states:
film includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced, but does not include:
(a) a computer game; or
(b) an advertisement for a publication, a film or a computer game; or
(c) a recording for business, accounting, professional, scientific or educational purposes unless it contains a visual image that would be likely to cause the recording to be classified MA, R, X or RC.

"objectionable matter" means Internet content consisting of:

(a) a film that is classified X, or that would, if classified, be classified X; or

(b) a film or computer game that is classified RC or that would, if classified, be classified RC; or

Commonwealth Act , to which SA Act refers, states:
computer game means a computer program and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game, but does not include:
(a) an advertisement for a publication, a film or a computer game; or
(b) business, accounting, professional, scientific or educational computer software unless the software contains a computer game that would be likely to be classified MA (15+) or RC.

(c) an advertisement for a film or computer game referred to in paragraph (a) or (b); or

Commonwealth Act, to which SA Act refers, states:
advertisement for a publication, a film or a computer game means any form of advertising for the publication, film or game, and includes:
(a) advertising, whether visual or audible, whether in the form of written or spoken words or other sounds and whether in a book, paper, magazine, poster, photograph, sketch, program, film or slide or in any other form; and
(b) advertising on a container or wrapping enclosing the publication, film or game; and
(c) advertising on an item of clothing advertising the publication, film or game.

(d) an advertisement that has been, or would be, refused approval under section 29(4) of the Commonwealth Act.

"on-line service" means an Internet carriage service within the meaning of the Commonwealth Broadcasting Act and includes a bulletin board.

Commonwealth Broadcasting Act states:
Internet carriage service means a listed carriage service that enables end-users to access the Internet.

listed carriage service has the same meaning as in the Telecommunications Act 1997.

Application of Part

75B. (1) This Part applies to an on-line service other than an on-line service, or an on-line service of a class, prescribed by regulation.

(2) Nothing in this Part makes it an offence to supply objectionable matter or matter unsuitable for minors by means of an on-line service to a person, or class of persons, prescribed by regulation.

(3) A person is not guilty of an offence under this Part by reason only of the person:

(a) owning, or having the control and management of the operation of, an on-line service, or

(b) facilitating access to or from an on-line service by means of transmission, down loading, intermediate storage, access software or similar capabilities.

Making available or supplying objectionable matter on on-line service

75C. A person must not, by means of an on-line service, make available, or supply, to another person, objectionable matter:

(a) knowing that it is objectionable matter, or

(b) being reckless as to whether or not it is objectionable matter.

Maximum penalty: $10,000

Making available or supplying matter unsuitable for minors on on-line service

75D.(1) A person must not, by means of an on-line service, make available or supply to another person any matter unsuitable for minors:

(a) knowing that it is matter unsuitable for minors, or

(b) being reckless as to whether or not it is matter unsuitable for minors.

Maximum penalty: $10,000

(2) It is a defence to a prosecution under this section for the defendant to prove that access to the matter unsuitable for minors was subject to an approved restricted access system at the time the matter was made available or supplied by the defendant.

(3) In this section:

"approved restricted access system" means:

(a) a restricted access system within the meaning of the Commonwealth Broadcasting Act; or

(b) any other system of limiting access declared by the Minister, by notice published in the Gazette, to be an approved restricted access system for the purposes of this definition.

(4) A notice declaring a system of limiting access to be an approved restricted access system may be varied or revoked by the Minister by subsequent notice pubished in the Gazette.

Recklessness

75E. (1) A person is reckless as to whether matter is objectionable matter or matter unsuitable for minors if-

(a) the person is aware of a substantial risk that the matter is objectionable matter or matter unsuitable for minors, and

(b) that having regard to the circumstances known to the person, it is unjustifiable to take the risk.

(2) The question of whether taking a risk is unjustifiable is one of fact.

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