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Films, Videos, and Publications Classification Act 1993  094
Commenced: 26 Aug 1993

ANALYSIS

Analysis
Title
1 Short Title and commencement

I: Preliminary Provisions
2 Interpretation
3 Meaning of ``objectionable''
4 Whether publication objectionable a matter of expert judgment
5 Act to bind the Crown

II: Labelling of Films

Labelling Requirements
6 Films to be labelled
7 Trade screenings
8 Films exempt from labelling requirements

Issue of Labels
9 Applications for issue of label
10 Issue of labels
11 Rating and description applicable to copies

III: Classification of Publications

Submission of Publications
12 Submission of films by labelling body
13 Submission of publications by others
14 How to submit publications (officials)
15 How to submit publications (others)
16 Referral of notice of submission to complaints officer
17 Submission to lapse if publication unobtainable
18 Publication not adaptable to equipment in Classification Office
19 Notification of submission
20 Right to make submissions
21 Other assistance
22 No right to be heard

Examination and Classification of Publications
23 Examination and classification
24 Soundtrack to be considered
25 Classification Office may copy film
26 Classification applies to identical copies
27 Conditions relating to display of restricted publications
28 Further provisions relating to conditions on public display of restricted publications

Referral of Publications by Courts
29 Character of publications arising in court proceedings
30 Report of findings to be sent to court
31 When decision on publication referred by court to take effect

Excisions From and Alterations to Films
32 Excisions from and alterations to films
33 Procedure for making excisions and alterations
34 Classification to apply only if excisions and alterations actually made
35 Provisions to apply to soundtracks

Issue of Labels
36 Issue of labels in respect of films

Serial Publications
37 Serial publications

Classification Decisions
38 Decisions of Classification Office
39 Register of Classification Decisions
40 Classification Office to publish list of decisions
41 Decisions to be conclusive evidence
42 Reconsideration of publications

Film Posters
43 Film posters

Exemptions
44 Applications for exemption
45 Notification of decision
46 Burden of proof

IV: Review of Classification Decisions

Applications for Review
47 Right of review
48 Applications for review

Interim Restrictions on Review
49 Interim restriction orders
50 Notification of interim restriction order
51 Duration and revocation of interim restriction order

Conduct of Reviews
52 Conduct of reviews
53 Procedure
54 Consultation
55 Decision of Board
56 Reconsideration of decisions referred under section 41 (3)
57 Board may state case for High Court

V: Appeals

Appeal to High Court
58 Appeal against decision of Board on question of law
59 Notice of appeal
60 Court may dispense with service
61 Right of other parties to appear and be heard on appeal
62 Appeal in respect of additional points of law
63 Orders relating to determination of appeals
64 Dismissal of appeal
65 Extension of time
66 Date of hearing

Interim Restrictions on Appeal
67 Imposition of interim restrictions on appeal
68 Notification of interim restriction order
69 Duration and revocation of interim restriction order

Appeal to Court of Appeal
70 Appeal against decision of High Court

VI: Bodies

Labelling Body
71 Functions of labelling body
72 Approval of labelling body
73 Application for approval as labelling body
74 Community representatives
75 Revocation of approval

Office of Film and Literature Classification
76 Office of Film and Literature Classification
77 Functions of Classification Office
78 Powers of Classification Office
79 Membership of Classification Office
80 Appointments to Classification Office
81 Term of office
82 Continuation in office after term expires
83 Vacation of office
84 Holding of other offices
85 Administration of Classification Office
86 Exercise of powers by Deputy Chief Censor
87 Chief Censor may delegate powers
88 Information Unit
89 Annual report
90 Further provisions relating to Classification Office

Film and Literature Board of Review
91 Film and Literature Board of Review
92 Function
93 Membership
94 Term of office
95 Continuation in office after term expires
96 Extraordinary vacancies
97 Appointment of deputies
98 Application of certain Acts to members
99 Fees and travelling allowances
100 Meetings of Board
101 Board may sit in divisions
102 Provision of administrative services to Board

Inspectors of Publications
103 Inspectors of Publications
104 Inspectors who are not public servants
105 Authority to act as Inspector

VII: Search and Seizure
106 Powers of Inspectors
107 Inspector may seize publications
108 Seizure of objectionable publications
109 Search warrants
110 Form and content of search warrant
111 Powers conferred by warrant
112 Person executing warrant to produce evidence of authority
113 Notice of execution of warrant
114 Custody of property seized
115 Summons to be issued
116 Disposal of publications seized
117 Appeal against order for destruction
118 Disposal of things seized
119 No action to lie

VIII: Offences

Offences Relating to Labelling
120 Non-compliance with labelling requirements
121 Unlawful issue of labels

Offences Involving Objectionable or Restricted Publications
122 Interpretation
123 Offences of strict liability relating to objectionable publications
124 Offences involving knowledge in relation to objectionable publications
125 Offences of strict liability involving restricted publications
126 Offences involving knowledge in relation to restricted publications
127 Exhibition to persons under 18
128 Circumstances when exhibition or display not an offence
129 Offences in public place
130 Breach of conditions on display of restricted publications
131 Offence to possess objectionable publication
132 Exhibiting parts of a publication

Miscellaneous Offences
133 Contravention of serial publication order or interim restriction order
134 Obstruction of Inspector
135 Failure to surrender warrant

Miscellaneous Provisions
136 Disposal and forfeiture following conviction
137 No action to lie
138 Liability of employers and principals
139 Directors and officers of bodies corporate
140 Evidence of publication, etc.
141 Relief from contracts
142 Offences punishable on summary conviction
143 Extending time for taking prosecutions
144 Leave of Attorney-General to prosecute
145 Delegation of powers by Commissioner of Police

IX: Miscellaneous Provisions

General
146 Classification Office may require soundtrack to be translated into English
147 Printed matter to be marked with name and address of publisher or wholesale distributor
148 Fees charged by Classification Office to be reasonable

Regulations
149 Regulations

Consequential Amendments, Repeals, and Revocation
150 Consequential amendments, repeals, and revocation

X: Transitional Provisions

Indecent Publications Act 1963
151 Interpretation
152 Decisions under Indecent Publications Act 1963
153 Proceedings pending or in train before Indecent Publications Tribunal
154 Proceedings pending or in train before High Court
155 Question of indecency arising in court proceedings
156 Alteration of appeal period
157 Interim restriction orders to lapse
158 Restriction orders deemed to be serial publication orders
159 Exemptions

Video Recordings Act 1987
160 Interpretation
161 Classification decisions under Video Recordings Act 1987
162 Videos before labelling body
163 Proceedings pending before Authority or Board of Review
164 Question of indecency arising in court proceedings
165 Proceedings before High Court or Court of Appeal
166 Exemptions

Films Act 1983
167 Interpretation
168 Classification decisions under Films Act 1983
169 Proceedings pending before Chief Censor or Board of Review
170 Proceedings before High Court or Court of Appeal

Dual Censorship Decisions
171 Dual censorship decisions

Miscellaneous Provisions
172 Vacation of office of existing office-holders
173 Existing Inspectors deemed to be Inspectors
174 Restrictions on redundancy and other entitlements
175 Part to apply in respect of subsisting decisions under previous Films Acts

Regulations
176 Regulations relating to transitional matters
177 Expiry of section 176

Schedule(s)

1 FIRST SCHEDULE: Provisions Applying in Respect of Classification Office
2 SECOND SCHEDULE: Enactments Amended
3 THIRD SCHEDULE: Enactments Repealed

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