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Classification (Publications, Films and Computer Games) Amendment ( Classification Tools and Other Measures) Bill 2014
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Schedule 2 Referral of material to law enforcement agencies

   

Classification (Publications, Films and Computer Games) Act 1995

1  After section 4

Insert:

4A   Concurrent operation of State and Territory laws

             (1)  This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

             (2)  Without limiting subsection (1), this Act is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:

                     (a)  an act or omission that is an offence against a provision of this Act; or

                     (b)  a similar act or omission;

an offence against the law of the State or Territory.

             (3)  Subsection (2) applies even if the law of the State or Territory does any one or more of the following:

                     (a)  provides for a penalty for the offence that differs from the penalty provided for in this Act;

                     (b)  provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Act;

                     (c)  provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Act.

2  After section 88A

Insert:

88B   Referral of certain unclassified material to law enforcement agencies

             (1)  If the Secretary of the Department is of the opinion that an unclassified publication, unclassified film or unclassified computer game (the unclassified material ) would, if classified, be likely to be classified RC, the Secretary may provide a copy of the unclassified material to:

                     (a)  the Australian Federal Police; or

                     (b)  the police force of a State or Territory; or

                     (c)  an authority or person responsible for law enforcement in a foreign country or a part of a foreign country.

             (2)  The Secretary may, in writing, delegate his or her power under subsection (1) to a member of staff mentioned in section 88A.

             (3)  Subsection (1) does not, by implication, limit any other power or function that the Secretary has to provide information or things to the bodies mentioned in that subsection, or to any other body.