AUSTRALIAN CAPITAL TERRITORY

Classification of Publications (Amendment) Ordinance (No. 2) 1989
No. 48 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 9 May 1989.
	BILL HAYDEN
	Governor-General
By His Excellency’s Command,
CLYDE HOLDING
Minister of State for the Arts and Territories

An Ordinance to amend the Classification of Publications Ordinance 1983 and for a related purpose

Short title
1.  This Ordinance may be cited as the Classification of Publications (Amendment) Ordinance  (No. 2) 1989.1
Commencement
2.  This Ordinance commences 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
Interpretation
4.  Section 3 of the Principal Ordinance is amended—
	(a)	by omitting the definition of “advertising matter” in subsection (1) and substituting the following definition:
“ ‘advertising matter’, in relation to a film, means any written or pictorial matter contained or displayed in or on any container or wrapping, where—
	(a)	that container or wrapping is used to enclose the film; and
	(b)	the film, so enclosed, is intended to be made available for exhibition, display, sale, letting on hire or distribution to the public;”;
	(b)	by omitting from subsection (1) the definition of “Court”;
	(c)	by inserting in the definition of “objectionable publication” in subsection (1) “, or advertising matter in relation to a film,” after “publication” (last occurring);
	(d)	by inserting in the definition of “publication” in subsection (1) 
“, but does not include advertising matter in relation to a film” after “public”;
	(e)	by omitting the definition of “restricted publications area” in subsection (1); and
	(f)	by omitting from the definition of “sell” in subsection (1) all the words after “agreement” (first occurring) and substituting “or offer to sell or exchange”.
Members of Board—resignation
5.  Section 10 of the Principal Ordinance is amended by omitting “office by writing signed by him” and substituting “or her office by writing signed by the member”.
Interpretation
6.  Section 17 of the Principal Ordinance is amended by omitting all the words after “film” (first occurring).
Review of classification—application
7.  Section 20 of the Principal Ordinance is amended by omitting from paragraph (2) (a) “he” and substituting “the applicant”.
Advertising matter
8.  Section 28 of the Principal Ordinance is amended by omitting from subsection (1) all the words from and including “under this Division” to and including “violence;” (last occurring) and substituting “is an objectionable publication”.
Review of classification—application
9.  Section 30 of the Principal Ordinance is amended by omitting from paragraph (2) (a) “he” and substituting “the applicant”.
Criteria for classification
10.  Section 34 of the Principal Ordinance is amended—
	(a)	by omitting from subsection (2) “his or its respective” and substituting “the authority’s”;
	(b)	by inserting in subsection (4) “other than advertising matter in relation to a film” after “publication”; and
	(c)	by omitting subsection (5) and substituting the following subsection:
“(5)  In this section—
‘prescribed authority’ means—
	(a)	a classification officer;
	(b)	the Publications Review Board;
	(c)	the Censorship Board;
	(d)	a member of the Censorship Board;
	(e)	a Deputy Censor; or
	(f)	the Films Board of Review;
‘publication’ includes advertising matter in relation to a film.”.
Conditions applying to classified publications
11.  Section 35 of the Principal Ordinance is amended by inserting in paragraph (3) (b) “within the meaning of the Publications Control Ordinance 1989” after “area”.
Repeal
12.  Parts IV and V and sections 56, 57, 57A and 58 of the Principal Ordinance are repealed.
Service of notices
13.  Section 59 of the Principal Ordinance is amended—
	(a)	by omitting from paragraph (a) “him” and substituting “the person”;
	(b)	by omitting from paragraph (b) “to him” (first occurring);
	(c)	by omitting from paragraph (b) “to him at his” and substituting “to the person at the person’s”; and
	(d)	by omitting from paragraph (c) “his” and substituting “the person’s”.
Annual report
14.  Section 61 of the Principal Ordinance is amended by omitting subsection (2) and substituting the following subsection:
“(2)  The Attorney-General shall cause a copy of each report to be laid before the Legislative Assembly for the Australian Capital Territory within 15 days after the report was furnished to him or her.”.
Repeal
15.  Sections 62 and 63 of the Principal Ordinance are repealed.

Regulations
16.  Section 64 of the Principal Ordinance is amended by omitting all the words after “particular” and substituting “prescribing penalties for offences against the regulations not exceeding $1,000 in the case of a body corporate and not exceeding $200 in the case of an individual.”.
Gender references
17.  (1)  The following provisions of the Principal Ordinance are amended by inserting “or she” after “he”:
Sections 5 and 9, subsections 13 (2) and 18 (4), paragraph 26 (1) (a) and subparagraphs 26 (1) (b) (i) to (iv) (inclusive).
(2)  The following provisions of the Principal Ordinance are amended by inserting “or her” after “his” (wherever occurring):
Subsection 7 (3), paragraph 11 (2) (a), subsections 13 (1) and (2), section 15 and subsections 16 (1) and 18 (1) and (3).
Administrative Arrangements (Consequential Amendments) Ordinance 1987—repeal of section 5 and Schedule 1
18.  Section 5 of the Administrative Arrangements (Consequential Amendments) Ordinance 19873 and Schedule 1 to that Ordinance are repealed.

NOTES
1.	Notified in the Commonwealth of Australia Gazette on 10 May 1989.
2.	No. 59, 1983 as amended to date.  For previous amendments see Note 2 to Ordinance No. 2, 1989 and see also No. 2, 1989.
3.	No. 37, 1987.