AUSTRALIAN CAPITAL TERRITORY

Classification of Publications (Amendment) Ordinance 1989
No. 2 of 1989
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 6 February 1989.
	N. M. STEPHEN
	Governor-General
By His Excellency’s Command,
LIONEL BOWEN
Attorney-General
for and on behalf of the
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 1989.1
Principal Ordinance
2.  In this Ordinance, “Principal Ordinance” means the Classification of Publications Ordinance 1983.2
Interpretation
3.  Section 3 of the Principal Ordinance is amended—
	(a)	by omitting from paragraph (c) of the definition of “objectionable publication” in subsection (1) “encourages terrorism” and substituting “instructs in matters of crime or violence”; and
	(b)	by omitting from subsection (1) the definition of “terrorism”.
Classification of publications
4.  Section 19 of the Principal Ordinance is amended—
	(a)	by omitting from subsection (1) “he” and substituting “the classification officer”;
	(b)	by inserting in subsection (3) “or she” after “he”;
	(c)	by omitting from subsection (4) “, being a publication”;
	(d)	by omitting from paragraph (4) (b) “encourages terrorism” and substituting “instructs in matters of crime or violence”; and
	(e)	by inserting in subsection (5) “or she” after “he”.
Approval of film classification by Censorship Board
5.  Section 25 of the Principal Ordinance is amended—
	(a)	by omitting from paragraph (4) (b) “encourages terrorism” and substituting “instructs in matters of crime or violence”; and
	(b)	by adding at the end the following subsections:
“(5)  Where a video tape or a video disc includes a trailer advertising an unclassified film, the Censorship Board shall refuse to approve the classification of the video tape or video disc.
“(6)  Where a video tape or a video disc includes a trailer advertising a classified film, the Censorship Board shall not approve the classification of the video tape or video disc—
	(a)	as a ‘G’ film if the advertised film is classified as a ‘PG’, ‘M’, ‘R’ or ‘X’ film;
	(b)	as a ‘PG’ film if the advertised film is classified as an ‘M’, ‘R’ or ‘X’ film;
	(c)	as an ‘M’ film if the advertised film is classified as an ‘R’ or ‘X’ film;
	(d)	as an ‘R’ film if the advertised film is classified as an ‘X’ film; or
	(e)	as an ‘X’ film if the advertised film is classified as a ‘G’, ‘PG’, ‘M’ or ‘R’ film.”.
Approval of advertising matter
6.  Section 28 of the Principal Ordinance is amended—
	(a)	by omitting from paragraph (1) (c) “encourages terrorism,” and substituting “instructs in matters of crime or violence;”; and
	(b)	by inserting at the end the following subsection:
“(3)  The conditions that may be imposed under subsection (2) may include, but shall not be limited to, conditions requiring the inclusion in the advertising matter of such words or symbols as the Censorship Board, a member of that Board or a Deputy Censor thinks fit.”.
Review by Censorship Board
7.  Section 28A of the Principal Ordinance is amended by inserting after subsection (1) the following subsection:
“(1A)  The Attorney-General shall give a direction—
	(a)	upon the written request of the Minister of State of a State or the Northern Territory responsible for the censorship of films; or
	(b)	if the Attorney-General considers it desirable—upon his or her own motion.”.
Notice of decision
8.  Section 29 of the Principal Ordinance is amended by inserting after subsection (1) the following subsection:
“(1A)  Where the classification of a film is approved, the notice under subsection (1) shall include a description of the markings determined under subsection 35 (5) in relation to the classification given to that film.”.
Conditions applying to classified publications
9.  Section 35 of the Principal Ordinance is amended—
	(a)	by omitting from subsection (1A) “prescribed” and substituting “determined”;
	(b)	by omitting from paragraph (2) (b) “prescribed” and substituting “determined”;
	(c)	by adding at the end of paragraph (3) (c) “or determined markings, as the case requires”; and
	(d)	by adding at the end the following subsections:
“(4)  It is a condition in relation to a classified video tape or video disc that it shall not be sold, let on hire, exhibited or displayed for sale or hire in a public place or exhibited or displayed in a public place if, after classification, it has been edited to include a trailer advertising another film, unless—
	(a)	in the case of a video tape, or a video disc, classified as a ‘G’ film—the advertised film is classified as a ‘G’ film;
	(b)	in the case of a video tape, or a video disc, classified as a ‘PG’ film—the advertised film is classified as a ‘G’ or ‘PG’ film;
	(c)	in the case of a video tape, or a video disc, classified as an ‘M’ film—the advertised film is classified as a ‘G’, ‘PG’ or ‘M’ film;
	(d)	in the case of a video tape, or a video disc, classified as an ‘R’ film—the advertised film is classified as a ‘G’, ‘PG’, ‘M’ or ‘R’ film; or
	(e)	in the case of a video tape, or a video disc, classified as an ‘X’ film—the advertised film is classified as an ‘X’ film.
“(5)  The Chief Censor shall determine, by notice published in the Gazette, markings for the purposes of subsections (1A) and (2) in relation to different classifications of films.
“(6)  In this section, ‘determined markings’, in relation to a film, means the markings determined under subsection (5) in relation to the classification given to that film.”.
Subsequent classification of publication
10.  Section 46 of the Principal Ordinance is amended—
	(a)	by omitting “he” and substituting “the person”; and
	(b)	by inserting in paragraph (b) “or determined” after “prescribed”.
Sale etc. of classified publications
11.  Section 47 of the Principal Ordinance is amended by omitting from subsection (3) “marking prescribed” and substituting “markings determined”.
Unclassified publications—offences
12.  Section 49 of the Principal Ordinance is amended—
	(a)	by omitting from subsection (1) “a publication that is not a classified” and substituting “an unclassified”; and
	(b)	by inserting in subsection (1) “, a marking determined under subsection 35 (5)” after “prescribed marking”.
Insertion
13.  After section 49 of the Principal Ordinance the following section is inserted:
Display of information about classification
“49A.  (1)  A person who sells, offers for sale, lets on hire or distributes a classified film shall keep displayed, in accordance with subsection (2), a notice about classifications in the form determined by the Chief Censor by notice published in the Gazette.
Penalty:
	(a)	in the case of a body corporate—$2,500; and
	(b)	in the case of an individual—$500 or imprisonment for 3 months, or both.
“(2)  A notice referred to in subsection (1) shall be displayed on premises open to the public for the purpose of the sale, hire or distribution of the classified film, in a conspicuous place where, and in such a form that, the notice may be conveniently read by any person on the premises.”.
Forfeiture and return of publications
14.  Section 55 of the Principal Ordinance is amended—
	(a)	by omitting from subsection  (2) “he has committed the offence with which he is charged” and substituting “the person has committed that offence”;
	(b)	by omitting from subsection (3) “14” and substituting “60”;
	(c)	by omitting from subsection (4) “he shall, so far as he” and substituting “the Magistrate shall, so far as he or she”;
	(d)	by omitting from subsection (5) “him” and substituting “the person”; and
	(e)	by omitting from subsection (7) “14” and substituting “60”.

NOTES
1.	Notified in the Commonwealth of Australia Gazette on 15 February 1989.
2.	No. 59, 1983 as amended by No. 17, 1984; No. 67, 1985; No. 37, 1987; No. 14, 1988.