Importing Fallout 3 is legal in Australia... or is it?

Per

Vault Consort
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According to this piece from The Escapist, the fact that a game has been Refused Classification doesn't mean it's illegal to import it:<blockquote>As it turns out, the situation isn't as dire for the Australian crowd as some would paint it: Anyone who wants Fallout 3 is free to order it elsewhere with no risk of penalty. "The main thing to realize is that Fallout 3 hasn't been 'banned' in Australia, it's just been refused classification," Yug [of Australian Gamer] said. "That means retailers here can't sell it (because they can't sell a product without a rating) but it also doesn't make the game illegal. So no jail time for importing games that have been refused classification!"

He predicted that the game will be modified to abide with the Classification board's 15+ rating, but added that if Australian gamers don't want to wait for that, they won't have to. "Basically we can just import the game from another PAL territory (such as the U.K.) and the game will work on our Australian systems, although videogame region coding isn't really an issue for the PC and PS3 versions of the games," he said.</blockquote>The story also contains some revelations about the attitude of Attorney General Michael Atkinson towards ratings, which however falls a bit outside of our own scope.

To complicate the picture there is also this IGN newspiece explaining that importing the game is illegal:<blockquote>Also worth noting, for people considering a foreign copy of Fallout 3 on PC and PS3, we have some bad news; you may run into legal issues. The OFLC's guidelines on the importation of games restrict buyers from importing games with drug-related content:<blockquote>The Classification Board may advise that importation or exportation of items should not be allowed if they:
* in relation to a computer game – are unsuitable for a person under 18 to see or play; or
* promote, incite or instruct in matters of crime or violence; or
* promote or incite the misuse of a drug specified in Schedule 4.</blockquote>Like importing any other banned game or film, you take the legal ramifications of the process into your own hands. Don't say we didn't warn you.</blockquote>We're waiting for a decisive answer, but for now, if you're caught in customs don't try the "NMA told me it was OK" line.

Thanks to URAGR8M8 for bringing this up.

Also, this has been mentioned elsewhere, it is possible to complain directly to the Australian classification board about this decision and/or their standards in general. We encourage people to do so, as this kind of censorship can only hurt the gaming industry.
 
By the way, I can't actually find any reference to the exemption of personal ownership in the classification act. Anyone know where it is? Don't feel like reading the whole thing.

Or is it one of those things where it's legal because it's not mentioned?
 
people already do complain en masse but it's cheaper to import anyway only pay $60 dollars to import buy it from a retailer $110 no point in buying games locally fucked ratings always late and ripped on price australia the worst country for any gamers.
 
ushdugery said:
people already do complain en masse but it's cheaper to import anyway only pay $60 dollars to import buy it from a retailer $110 no point in buying games locally fucked ratings always late and ripped on price australia the worst country for any gamers.
That's a shame.
 
ushdugery said:
people already do complain en masse but it's cheaper to import anyway only pay $60 dollars to import buy it from a retailer $110 no point in buying games locally fucked ratings always late and ripped on price australia the worst country for any gamers.

Hey, at least modchips are legal here!
 
Getting some mixed messages here.

Also worth noting, for people considering a foreign copy of Fallout 3 on PC and PS3, we have some bad news; you may run into legal issues. The OFLC's guidelines on the importation of games restrict buyers from importing games with drug-related content:

"The Classification Board may advise that importation or exportation of items should not be allowed if they:
# in relation to a computer game – are unsuitable for a person under 18 to see or play; or
# promote, incite or instruct in matters of crime or violence; or
# promote or incite the misuse of a drug specified in Schedule 4.


Like importing any other banned game or film, you take the legal ramifications of the process into your own hands. Don't say we didn't warn you.


So maybe the Escapist is wrong? Looks like drug-promoting games specifically can not be imported.
 
Well I've looked at the Customs Act of 1901 (which, obviously has been heavily updated as it mentions video games and LCD screens) and it appears that the importation of a game such as Fallout 3 is illegal UNLESS the importer obtains permission from their State Attorney General's office.

I looks like from a purely written law point of view NMA should consider importation into Australia illegal. Sorry, but I've been having a hell of a time trying to get the information - the web is full of poorly referenced opinions on the law.

All I will say, if you allow me, is that the maximum penalty is misleading as it is reserved in practice for importation of items such as child pornography and bestiality pornography. As far as I am aware no one in Australia has ever served jail time in Australia for importing an RC video game. Importing an RC game will only be detected if it turns up in a random customs search of your goods and all reports suggest customs will simply collect the game and inform you that the item is illegal.

The risk is that you will lose money spent on one imported copy of the game. However this is only longstanding convention and according to the law you can face fines and jail time.
 
Wow, the whole thing reared its ugly head a while ago, and one state attorney general opposed it, Micheal Atkinson. Otherwise we would have an 18+ classification and things would be fine and dandy. As for agreement from state attorney general to import, I'm in stupid Atkinson's state.... That said I hope somewhere offers it for direct download, that would be a pretty easy way to circumvent things.
 
Isn't the whole 'it is illegal to import this game' stuff against the WTO free trade -ehm laws? or treaties?? I'm asking because I don't know, but, to me, it would be against the free trade treaties of the world.

As for direct download, my best guess is that it will appear on Direct2Drive.
 
aries369 said:
Isn't the whole 'it is illegal to import this game' stuff against the WTO free trade -ehm laws? or treaties?? I'm asking because I don't know, but, to me, it would be against the free trade treaties of the world.

Not any more than importing marijuana from the Netherlands.
 
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