Document ID: chunk:federal_register_of_legislation:C2023A00065:clause:2_6ha
Version: federal_register_of_legislation:C2023A00065
Segment Type: clause
Provision Reference: sch 2 cl 6HA
Character Range: 32472–35041

6HA  Certain films classified under certain other Acts are taken to be classified under this Act
 (1) A film is taken to have been classified by the Board under this Act if:
 (a) the film has been classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 at R18+ or a lower classification; and
 (b) the film has not previously been classified under this Act; and
 (c) after the film has been classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991, a person (the post‑classification publisher) proposes to publish the film.
Note 1: This Act does not apply to the broadcasting of the film: see section 92.
Note 2: The deemed classification by the Board is reviewable under Part 5. The post‑classification publisher may also seek to have the film reclassified under Part 2: see section 6HB.
 (2) The film is taken to have the same classification as the classification under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 that occurred most recently before the post‑classification publisher proposes to publish the film.
 (3) The classification under this Act takes effect:
 (a) if the post‑classification publisher is an entity that is licenced to provide broadcasting services under the Broadcasting Services Act 1992—at the time the post‑classification publisher proposes to publish the film; or
 (aa) if the post‑classification publisher is the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation—at the time the post‑classification publisher proposes to publish the film; or
 (b) otherwise—at the time the post‑classification publisher provides a notice of the classification under subsection (4).

Notice of classification
 (4) A notice for the purposes of paragraph (3)(b) must:
 (a) include details of the classification and the post‑classification publisher; and
 (b) be in a form approved by the Secretary of the Department.

Exceptions
 (5) Subsection (1) does not apply to a film if:
 (a) the film is a modified version of the film classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 (other than a film that only has modifications of a kind referred to subsection 21(2) or (3)); or
 (b) the film contains an advertisement that has been refused approval under this Act.