South Australia
Classification (Publications, Films and Computer Games) (R 18+ Films) Amendment Act 2009
An Act to amend the Classification (Publications, Films and Computer Games) Act 1995.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Classification (Publications, Films and Computer Games) Act 1995
4	Amendment of section 4—Interpretation
5	Insertion of section 40A
40A	Keeping R 18+ films with other films
6	Insertion of section 69A
69A	Liability of occupier for R 18+ film advertisements in video stores etc
7	Amendment of section 80—Powers of entry, seizure and forfeiture

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Classification (Publications, Films and Computer Games) (R 18+ Films) Amendment Act 2009.
2—Commencement
This Act will come into operation 1 month after the day on which it is assented to by the Governor.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Classification (Publications, Films and Computer Games) Act 1995
4—Amendment of section 4—Interpretation
Section 4—after the definition of adult insert:
adult-only premises means premises to which entry is restricted to adults;
5—Insertion of section 40A
After section 40—insert:
40A—Keeping R 18+ films with other films
	(1)	An occupier of premises (other than adult‑only premises) at which films with a classification lower than R 18+ are sold must not display material for a film classified R 18+ at the premises —
	(a)	unless—
	(i)	the material is displayed in a different area (including, for example, in a different aisle or on a different shelving case, stand or table) from that in which material for other films is displayed; and
	(ii)	the area is marked as an area displaying material for films classified R 18+ by a notice complying with subsection (2) displayed in a prominent place near the area; and
	(iii)	the surface area of the material that is on display (for example, the front cover of a DVD container where that is on display) is not more than 300 cm²; or
	(b)	unless, at all times while on display, the material bears no images or markings other than—
	(i)	the name of the film in letters of 10 millimetres or less in height; and
	(ii)	the determined markings relevant to its classification.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	A notice required to be displayed under subsection (1)(a) must contain the following statement (printed in legible type of at least 15 millimetres in height and of a colour that contrasts with the background colour of the notice):
R 18+ FILMS AREA—THE PUBLIC ARE WARNED THAT MATERIAL DISPLAYED IN THIS AREA MAY CAUSE OFFENCE.
	(3)	It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant—
	(a)	did not know, and could not reasonably have known, that the material was on the premises; or
	(b)	took all reasonable steps to prevent the commission of the offence.
	(4)	In this section—
material for a film means—
	(a)	a disc or other device on which the film is recorded; or
	(b)	a container, wrapping, casing or other item that bears images or markings representing the film.
	(5)	Nothing in this section permits the exhibition of a film or part of a film classified R 18+ at premises to which this section applies.
6—Insertion of section 69A
After section 69—insert:
69A—Liability of occupier for R 18+ film advertisements in video stores etc
	(1)	An occupier of premises (other than adult‑only premises) at which films with a classification lower than R 18+ are sold must not—
	(a)	exhibit for promotional purposes at the premises a film or part of a film classified R 18+; or
	(b)	display for promotional purposes at the premises a poster, pamphlet or other printed material in relation to a film classified R 18+.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant took all reasonable steps to prevent the commission of the offence.
	(3)	This section does not apply to material for a film, within the meaning of section 40A, that is lawfully displayed in accordance with that section.
7—Amendment of section 80—Powers of entry, seizure and forfeiture
	(1)	Section 80(7)—after "38," insert:
40A,
	(2)	Section 80(7)—delete " or 65" and insert:
, 65 or 69A,