AUSTRALIAN CAPITAL TERRITORY

Classification of Publications (Amendment) Ordinance 1988
No. 14 of 1988
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 16 March 1988.
	N. M. STEPHEN
	Governor-General
By His Excellency’s Command,
GARY PUNCH
Minister of State for the Arts 
and Territories

An Ordinance to amend the Classification of Publications Ordinance 1983
Short title
1.  This Ordinance may be cited as the Classification of Publications (Amendment) Ordinance 1988.1
Commencement
2.  This Ordinance shall come into operation on such date as is fixed by the Minister by notice in the Gazette.
Principal Ordinance
3.  In this Ordinance, “Principal Ordinance” means the Classification of Publications Ordinance 1983.2
Insertion
4.  Before section 23 of the Principal Ordinance the following section is inserted in Division 2 of Part III:
Interpretation
“22A.  In this Division, ‘previous decision’ means—
	(a)	a decision of the Censorship Board, a member of that Board or a Deputy Censor—
	(i)	approving, or refusing to approve, the classification of a film; or
	(ii)	approving, or refusing to approve, the advertising matter relating to a film; or
	(b)	a decision of the Films Board of Review under paragraph 32 (1) (b).”.
Insertion
5.  After section 28 of the Principal Ordinance the following sections are inserted:
Review by Censorship Board
“28A.  (1)  The Censorship Board shall, at the direction of the Attorney-General, review a previous decision.
“(2)  A direction may be given—
	(a)	in the case of a decision referred to in paragraph 22A (b) resulting from an application by the Attorney-General—at any time; and
	(b)	in any other case—after the expiration of 2 years after the date on which the previous decision took effect.
“(3)  The Censorship Board may, of its own motion, review a previous decision (not being a decision referred to in paragraph 22A (b) resulting from an application by the Attorney-General) after the expiration of 2 years after the date on which the previous decision took effect.
Notice of review
“28B.  (1)  The Chief Censor shall, not later than 30 days before a proposed review of a previous decision, cause—
	(a)	notice of the review to be published in the Gazette; and
	(b)	notice in writing of the review to be served on—
	(i)	the person who applied for classification of the relevant film; and
	(ii)	the publisher of that film.
“(2)  Any person who is entitled to be served with a notice under paragraph (1) (b) may, within 30 days after—
	(a)	that service; or
	(b)	notice having been published in the Gazette;
(whichever occurs later), make a written submission to the Censorship Board about whichever of the following matters are relevant:
	(c)	whether the film should be classified or refused classification;
	(d)	the appropriate classification of the film;
	(e)	whether the advertising material should be approved or refused approval.
Review of previous decision
“28C.  (1)  When a previous decision is reviewed by the Censorship Board, the Board may make a decision—
	(a)	confirming the previous decision; or
	(b)	setting aside the previous decision and classifying, or refusing to classify, the film or approving, or refusing to approve, the advertising matter to which the previous decision relates.
“(2)  When reviewing a previous decision, the Censorship Board shall have regard—
	(a)	to any submissions made in accordance with subsection 28B (2);
	(b)	in the case of a film—to the criteria referred to in sections 25 and 34; and
	(c)	in the case of advertising matter relating to a film—to the criteria referred to in sections 28 and 34.”.
Notice of decision
6.  Section 29 of the Principal Ordinance is amended—
	(a)	by omitting from paragraph (1) (a) “or” (last occurring);
	(b)	by inserting after paragraph (1) (b) the following word and paragraph:
	“; or	(ba)	confirming, or setting aside, a previous decision;”;
	(c)	by omitting from paragraph (1) (c) “and”;
	(d)	by inserting after paragraph (1) (c) the following paragraph:
	“(ca)	in the case of a decision confirming or setting aside a previous decision—to be given in writing to the publisher of the film; and”;
	(e)	by omitting from subsection (2) “subsection (1)” and substituting “paragraph (1) (a) or (b)”; and
	(f)	by adding at the end of the following subsection:
“(3)  A decision referred to in paragraph (1) (ba) shall take effect at the expiration of 30 days after the date on which a notice of the decision is published in the Gazette.”.
Review of classification—application
7.  Section 30 of the Principal Ordinance is amended by inserting in subsection (1) “or confirming, or setting aside, a previous decision” after “film” (second occurring).

NOTES
1.	Notified in the Commonwealth of Australia Gazette on 23 March 1988.
2.	No. 59, 1983 as amended by No. 17, 1984; No. 67, 1985; No. 37, 1987.