Films, Videos, and Publications Classification Act 1993
094
III: Classification of Publications
Serial Publications
37
Serial publications
Serial Publications
37. Serial publications---(1) Where it has been determined under this
Act that no fewer than 3 issues of a serial publication that have been
published within a period of not more than 12 months are objectionable
or are restricted publications, the Classification Office may, where any
issue of that publication is before the Classification Office for the
purposes of this Part of this Act, make an order (in this section called
a serial publication order) in respect of that serial publication.
(2) The Classification Office shall not make a serial publication
order the effect of which is that issues of a serial publication will be
treated as objectionable, unless the Classification Office is satisfied
that, having regard to the issues of that serial publication that have
been classified as objectionable, issues of that serial publication that
are published while the order is in force would be likely to be
classified as objectionable.
(3) Every serial publication order---
(a) Shall show whether the issues of the serial publication to which
it relates are to be treated as objectionable or as restricted
publications and, in the latter case, particulars of the
classification; and
(b) Shall come into force on the day after the date of its entry in
the register; and
(c) Shall, unless sooner revoked, remain in force for such period, not
exceeding 2 years, as is specified in the order; and
(d) Shall apply to every issue of that serial publication that is
published while the order is in force.
(4) Where---
(a) The Classification Office makes a serial publication order under
which the issues of a serial publication are to be treated as
restricted publications; and
(b) The Classification Office has imposed conditions pursuant to
section 27 of this Act in respect of any one or more issues of
that serial publication (being issues on the basis of which that
serial publication order is made),---
the Classification Office may include, as part of the terms of that
order, such conditions on the public display of the issues to which the
order applies, or any advertising posters relating to those issues, or
both, as it would be empowered to impose pursuant to that section if
those issues were classified as restricted publications.
(5) While any serial publication order is in force in respect of any
serial publication, no person shall do any act or thing in relation to
any issue to which the order applies (other than an issue that has been
classified by the Classification Office or the Board) that would be an
offence against any of sections 123 to 129 of this Act if that issue
were an objectionable publication or a restricted publication, as the
serial publication order may require.
(6) Where, pursuant to subsection (4) of this section, the
Classification Office, as part of any serial publication order, includes
any condition on the public display of the issues to which the order
applies, or any advertising posters relating to those issues, or both,
then, while that serial publication order is in force in respect of that
serial publication, no person shall do any act or thing in relation to
any such issue or, as the case requires, any such advertising poster
that would be an offence against section 130 of this Act if that issue
were a restricted publication and that condition had been imposed
pursuant to section 27 of this Act.
(7) Nothing in subsection (6) of this section applies in respect of
any issue that has been classified by the Classification Office or the
Board.
(8) The Classification Office may, on the application of any of the
following persons, revoke or vary the terms of any serial publication
order:
(a) The applicant for the order:
(b) The Secretary:
(c) The owner, maker, publisher, or authorised distributor of the
publication to which the order relates:
(d) Any other person who satisfies the Chief Censor that the person is
detrimentally affected by the existence of the order.
Cf. 1963, No. 22, s. 15A; 1972, No. 136, s. 5