Australian Capital Territory Numbered Ordinances

Classification of Publications (Amendment) Ordinance 1984

AUSTRALIAN CAPITAL TERRITORY

Classification of Publications (Amendment) Ordinance 1984

No. 17 of 1984

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 31 May 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARETH EVANS

Attorney-General

An Ordinance to amend the Classifications of Publications Ordinance 1983

Short title

1. This Ordinance may be cited as the Classification of Publications (Amendment) Ordinance 1984.¹

Principal Ordinance

2. In this Ordinance, “Principal Ordinance” means the Classification of Publications Ordinance 1983.²

Screening of films

3. Section 24 of the Principal ordinance is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1A) Where the Chief Censor requires a film to be screened, the Chief Censor may require the applicant to lodge a copy of the film with the Censorship Board.”; and

(b) by adding at the end thereof the following sub-section:

“(6) Where a copy of a film is lodged with the Censorship Board pursuant to a requirement of the Chief Censor under sub-section (1A), the Censorship Board may retain that copy for such period as the Chief Censor directs.”.

Conditions applying to classified publications

4. Section 35 of the Principal Ordinance is amended by inserting after sub-section (1) the following sub-section:

“(1A) A video tape or video disc that is classified as a ‘G’ film, a ‘PG’ film or an ‘M’ film shall not be exhibited or displayed in a public place unless the container, wrapping and casing in which the video tape or video disc is contained bear the prescribed markings.”.

Subsequent classification of publication

5. Section 46 of the Principal Ordinance is amended by inserting “, other than a video tape or video disc,” after “objectionable publication”.

Sale, &c., of classified publications

6. Section 47 of the Principal Ordinance is amended by adding at the end thereof the following sub-section:

“(3) A person who exhibits or displays in a public place a video tape or video disc that is classified as a ‘G’ film, a ‘PG’ film or an ‘M’ film and contained in a container, wrapping or casing that does not bear the marking prescribed in relation to that film for the purposes of sub-section 35 (1A) is guilty of an offence punishable, on conviction—

(a) in the case of a body corporate—by a fine not exceeding $1,000; and

(b) in the case of an individual—by a fine not exceeding $200.”.

Films—offences

7. Section 48 of the Principal Ordinance is amended by inserting in sub-section (1) “, other than a video tape or video disc,” after “distribute a film”.

8. After section 48 of the Principal Ordinance the following section is inserted:

Video tapes—offences

“48A. (1) A person who sells, offers for sale, lets on hire or distributes a video tape or video disc that has not been classified or that has been refused classification is guilty of an offence punishable,on conviction—

(a) in the case of an unclassified video tape or video disc that is subsequently classified as a ‘G’ film—by a fine not exceding $500 for a body corporate or $100 for an individual;

(b) in the case of an unclassified video tape or video disc that is subsequently classified as a ‘PG’ film—by a fine not exceeding $1,000 for a body corporate or $200 for an individual;

(c) in the case of an unclassified video tape or video disc that is subsequently classified as a ‘M’ film—by a fine not exceeding $2,000 for a body corporate or $400 for an individual;

(d) in the case of an unclassified video tape or video disc that is subsequently classified as an ‘R’ film—by a fine not exceeding $3,000 for a body corporate or $600 for an individual;

(e) in the case of an unclassified video tape or video disc that is subsequently classified as an ‘X’ film—by a fine not exceeding $4,000 for a body corporate or $800 for an individual;

(f) in the case of a video tape of video disc that has been refused classification pursuant to paragraph 25 (4) (a) or that was, at the time of the offence, unclassified and that is subsequently refused classification pursuant to that paragraph—by a fine not exceeding $10,000 for a body corporate or by a fine not exceeding $2,000 or by imprisonment for a period not exceeding 12 months, or both, for an individual; and

(g) in the case of a video tape or video disc that has been refused classification pursuant to sub-section 25 (3) or paragraph 25 (4) (b) or that was, at the time of the offence, unclassified and that is subsequently refused classification pursuant to that sub-section or paragraph—by a fine not exceeding $5,000 for a body corporate or by a fine not exceeding $1,000 or by imprisonment for a period not exceeding 6 months, or both, for an individual.

“(2) A person who advertises a video tape or video disc that is not classified or that has been refused classification is guilty of an offence punishable, on conviction, by a fine not exceeding—

(a) in the case of a body corporate—$500; and

(b) in the case of an individual—$100.

“(3) A person who publishes any advertising matter in relation to a video tape or video disc, being advertising matter that falsely indicates—

(a) in the case of a video tape or video disc that is unclassified or has been refused classification—that the tape or disc is classified; or

(b) in the case of a classified video tape or video disc—that the tape or disc is not so classified or is differently classified,

is guilty of an offence punishable, on conviction, by a fine not exceeding—

(a) in the case of a body corporate—$500; and

(b) in the case of an individual—$100.

“(4) Proceedings for an offence under sub-section (1) in relation to a video tape or video disc that is unclassifed at the time of the alleged offence shall not be instituted until the video tape or video disc has been classified or refused classification.”.

Exemptions

9. Section 56 of the Principal Ordinance is amended—

(a) by omitting from paragraph (2) (a) “or” (last occurring); and

(b) by inserting after paragraph (2) (a) the following paragraph:

“(aa) to publish to a prescribed person or body a video tape or video disc that is unclassified or that has been refused classification; or”.

10. After section 57 of the Principal Ordinance the following section is inserted:

Evidence

“57A. In any proceedings for an offence under this Ordinance, a certificate signed or purporting to be signed by the Chief Censor and stating that—

(a) a film has been classified or refused classification;

(b) a film has not been classified;

(c) advertising material in relation to a film has been approved or refused approval; or

(d) advertising material in relation to a film has not been approved,

is evidence of the matters stated in the certificate.”.

Abolition of common law offences

11. Section 58 of the Principal Ordinance is amended by omitting from paragraph (2) (a) “or a ‘PG’ film” and substituting “, a ‘PG’ film or an ‘M’ film”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 June 1984.

2. No. 59, 1983.