Films, Videos, and Publications Classification Amendment Act 2012

1: Title
This Act is the Films, Videos, and Publications Classification Amendment Act 2012.
2: Commencement
This Act comes into force on 1 October 2012.
3: Principal Act amended
This Act Films, Videos, and Publications Classification Act 1993 2012-10-01 Films, Videos, and Publications Classification Act 1993
4: Interpretation
The definition of register section 2 Register of Classification Decisions kept register of classification decisions established and maintained
5: Films to be labelled
1: Section 6(1)
b: the requirements of this Act and of any regulations made under this Act with respect to the display of that label are complied with.
2: Section 6(2)
b: the requirements of this Act and of any regulations made under this Act with respect to the display and advertising of the contents of that label are complied with.
6: Conditions relating to display of restricted publications
Section 27(4)(a)(ii) affixed to displayed on
7: When decision on publication referred by court to take effect
Section 31(d) determination decision
8: New heading above section 38 substituted
The heading above section 38 Notice of classification decisions .
9: New heading inserted above section 39
The following heading is inserted above section 39 Classification decisions made on or after 1 October 2012 .
10: New sections 39 and 40 substituted
Sections 39 40
39: Register of classification decisions made on or after 1 October 2012
1: The Chief Censor must establish and maintain a register of classification decisions made on or after 1 October 2012.
2: The register must be established and maintained in an electronic medium.
3: There must be entered in the register for each publication examined by the Classification Office or the Board the following information:
a: the decision as to the publication's classification; and
b: the date on which notice of the decision was given, under section 38(1), by the Classification Office or, under section 55(1)(c), by the Board; and
c: the date of entry of the decision in the register; and
d: such other information as may be prescribed in regulations made under section 149.
4: The information specified in subsection (3)
a: in the case of a publication examined by the Classification Office, within 5 working days after the date on which, under section 38(1), the Classification Office gives notice of its decision:
b: in the case of a publication examined by the Board, within 5 working days after the date on which, under section 55(1)(c), the Board gives notice of its decision.
5: The Chief Censor must take all reasonable steps to ensure that the information contained in the register is available at all reasonable times for inspection by the public.
6: The Chief Censor must supply to any person a paper or an electronic copy of all or part of the register on request and on payment of a reasonable charge for the production of the copy.
40: Search criteria
1: The register must be established and maintained so that it may be searched by reference to all or any 1 or more of the following criteria:
a: the title of a publication:
b: a specified date or period of entry of decisions in the register:
c: a kind of classification.
2: The register may be established and maintained so that it may be searched by reference to any criteria additional to the criteria in subsection (1)
11: Decisions to be conclusive evidence
Section 41(2) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
12: Reconsideration of publications
Section 42(1) and (2) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
13: New heading and sections 42A to 42C inserted
The following heading and sections are inserted after section 42 Classification decisions made before 1 October 2012
42A: Register of classification decisions made before 1 October 2012
1: The Chief Censor must—
a: continue to maintain, in any form the Chief Censor considers appropriate, the register that was established under section 39 prior to the repeal and substitution of that section by section 10 Films, Videos, and Publications Classification Amendment Act 2012
b: continue to make that register open to inspection by the public during ordinary office hours.
2: Nothing in this section prevents the Chief Censor combining—
a: the register that continues to be maintained under subsection (1)
b: the register that is established and maintained under section 39 section 10 Films, Videos, and Publications Classification Amendment Act 2012
3: If the Chief Censor combines the registers referred to in subsection (2) section 40 subsection (1)
42B: Classification Office to publish list of decisions made before 1 October 2012
1: The Classification Office must continue to—
a: keep the lists produced in accordance with section 40 prior to the repeal of that section by section 10 Films, Videos, and Publications Classification Amendment Act 2012
b: make those lists open to inspection by the public during ordinary office hours; and
c: supply to any person on request, and on payment of a fee (if any), a copy of any such list.
2: Any fee charged under subsection (1)(c)
42C: Saving in respect of decisions made before 1 October 2012
The provisions of this Act and the Films, Videos, and Publications Classification Regulations 1994 continue to apply to decisions made by the Classification Office or Board before 1 October 2012 as if the Films, Videos, and Publications Classification Amendment Act 2012
14: Right of review
Section 47(3A) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
15: Deadline for lodging applications for review
Section 48A(a) and (b) , in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register in accordance with section 39
16: Decision of Board
1: Section 55(1)
e: direct the Classification Office to enter the Board's decision in the register.
2: Section 55
2A: Before giving written notice of its decision under subsection (1)(c), the Board may inform the persons specified in that paragraph of—
a: the classification given to the publication under subsection (1)(a); and
b: any conditions imposed under subsection (1)(b).
3: Section 55(3) determination decision
17: Appeal against decision of Board on question of law
Section 58 determination decision
18: Notice of appeal
1: Section 59(1) of the determination the decision is given
2: Section 59
1A: For the purpose of subsection (1), a decision is given when the Board gives written notice, under section 55(1)(c), of its decision and of the reasons for its decision.
3: Section 59 determination decision
19: Appeal in respect of additional points of law
Section 62(1) determination decision
20: Orders relating to determination of appeals
Section 63(1)(b) and (c) determination decision
21: Non-compliance with labelling requirements
1: Section 120(1)(b) affixed either to it or to displayed either on it or on
2: Section 120(3) affixed to displayed on
22: Fees charged by Classification Office to be reasonable
Section 148
a: omitting section 40(4) section 39(6)
b: omitting making supplying
23: Regulations
1: Section 149(i)(i)
a: omitting affixing of such labels to display of such labels on
b: omitting to the cassettes on the cassettes
2: Section 149(i)(iii) the affixing of such labels to, or
3: Section 149
l: prescribing information to be included in the register of classification decisions: .
4: Section 149(m)
24: Decisions under Indecent Publications Act 1963
Section 152(4) in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register
25: Classification decisions under Video Recordings Act 1987
Section 161(5) in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register
26: Classification decisions under Films Act 1983
Section 168(5) in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1) entered in the register
27: Consequential amendments to Films, Videos, and Publications Classification Regulations 1994
The Films, Videos, and Publications Classification Regulations 1994 Schedule 2012-10-01 Films, Videos, and Publications Classification Regulations 1994