IMPORTANT UPDATE TO MORTAL KOMBAT BANNING

[1AZRAEL1]

Well that's a complete load of crap. The people on the classification panel are a bunch of old fashioned idiots who think that the world is flat.

[5FDP]

on another note is it coming to the PC?

Just PS3 and XBOX 360 ATM.

[5FDP]

So... I've been looking into this a fair bit to determine what our rights are in regards to importing and possessing Refused Classification material.

I have provided some information and links to sources below.

Is "Refused Classification" material illegal to access/possess?

Source

Generally, no, but with some exceptions. Refused Classification ("RC") material is:

* legal to possess for private/personal purposes in all States/Territories except in Western Australia and in 'prescribed areas' of the Northern Territory (see Classification Enforcement Acts); and
* legal to access/obtain using the Internet in all States/Territories except Western Australia and the Northern Territory, (see Classification Enforcement Acts - sections titled "Computer Services" in W.A. and N.T. Acts);
* unless the material falls within the sub-set of RC that is defined as child pornography/abuse/exploitation material in the C'th Criminal Code, or in the relevant State's/Territory's Criminal Code/Crimes Act and/or in their Classification Enforcement Acts, etc.

Each state differently defines who is allowed to posess Refused Classification material.

Source

In Queensland, you can posess RC games if you aren’t going to sell them or exhibit it in a public place.

In New South Wales, you can posess RC games if you aren’t going to sell them. Part 4 of the act defines many additional clauses, including not exhibiting RC material to minors or keeping RC material in a place where other material is sold. The safest bet is to keep it at home and play it yourself.

In Victoria, you can posess RC games if you aren’t going to sell them. Like the New South Wales legislation, Part 4 defines many additional clauses.

In South Australia, you can posess RC games if you aren’t going to sell them. Part 6 contains additional clauses.

In Tasmania, you cannot sell or deliver RC computer games. However, as noted earlier, the postal service is exempt from this law in the Commonwealth act. The Tasmanian act does not contradict this in any way.

In Western Australia, it is explicitly forbidden to posess or copy RC computer games. Sorry, guys, you’ve got the short straw.

In the Northern Territory, you cannot posess or hold a RC computer game at premeses where games are exhibited or sold. A further clause that interests me is that you can’t posess a game likely to be refused classification if you intend on publishing it.

As you can see, for the average person in states and territories excepting Western Australia, it is not illegal to posess games that have been refused classification. However, there is a customs regulation that defines games as unsuitable for people under 18 as an objectionable good that is subject to prohibition from importing. Whether digital delivery of computer games is covered by this law is currently unclear.

So to summarise, you can own it but you can't import it

[Hursticon]

Well done 5FDP, that no doubt would've taken quite a bit of sifting but I for one thank you for the effort you've gone to.
So it seems that our only stumbling block is the ambiguity of a bloody Customs Regulation? - Why am I not surprised by this in the slightest?

It's ridiculous this situation, just like Cigarettes and Alcohol:
(NSW) You can legally own Cigarettes and Alcohol at 16, you just can't purchase it yourself of have it bought for you!?!
It's the same here, you can legally own Mortal Kombat, you just can't purchase it or have it bought for you!?!
This is pure stupidity on a bureaucratical legal front!

The question is though, is it worth it to import this game and risk a stupidly over-the-top fine?

[primatives]

if you bought this overseas how would customs know that it is a Mortal Kombat game inside?? Surely heaps of games get through and on the ouside it just says game.

[jazzcomp]

So to summarise, you can own it but you can't import it

how will you get it if you can't import it? Isn't shipping or thru a friend (handcarry) is the same as importing? Download?

[1AZRAEL1]

how will you get it if you can't import it? Isn't shipping or thru a friend (handcarry) is the same as importing? Download?

It's a stupid loophole that they have. There is no other way to get it without somewhere along the line it gets imported. And if you buy it off someone, wouldn't that mean buying illegal goods?

[Hursticon]

how will you get it if you can't import it? Isn't shipping or thru a friend (handcarry) is the same as importing? Download?

That's exactly the point dude,
How the hell is one supposed to legally own something if they can't legally obtain it? - The premise is completely stupid and nonsensical.

It doesn't make sense does it?

[Hursticon]

It's a stupid loophole that they have. There is no other way to get it without somewhere along the line it gets imported. And if you buy it off someone, wouldn't that mean buying illegal goods?

The only way it could possibly work is if you found it laying in the street and you picked it up - But then it could be argued that you're committing theft!

[5FDP]

The question is though, is it worth it to import this game and risk a stupidly over-the-top fine?

That's a decision that people will have to make on their own. I've made up my mind but I would prefer not to share it at this stage as I don't want to influence anyone.

In regards to the fine, I've only ever heard of a $1000 fine being issued to a WA resident for importing the uncensored version of L4D2. More often than not, the item is destroyed and a letter is issued advising of such. I think in this case, the fine was influenced by the laws of that state (see post #13).

I believe the statement by customs regarding a $110,000 fine was generic and would only apply to an individual importing the game in sufficient quantities with the intention to redistribute locally. I'm not testing out this belief though.

if you bought this overseas how would customs know that it is a Mortal Kombat game inside?? Surely heaps of games get through and on the ouside it just says game.

The thing is they wouldn't know. They're basically on the look-out for any DVD sized parcels which originated from an online gaming store. Their scanners will only detect an object which resembles a DVD / CD. Depending on how they feel on the day, they might open it up.

how will you get it if you can't import it? Isn't shipping or thru a friend (handcarry) is the same as importing? Download?

No matter what method is used to get the game into the country, it's considered importing. Downloading or digital distribution is the only 'grey area' but obviously it would have to be authorised and / or supplied by the publisher (in this case, Warner Bros) otherwise it would also be illegal.