AUSTRALIAN CAPITAL TERRITORY

Classification of Publications (Amendment) Ordinance (No. 3) 1989
No. 62 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 20 December 1989.
	BILL HAYDEN
	Governor-General
By His Excellency’s Command,
LIONEL BOWEN
Attorney-General

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 (No. 3) 1989.1
Commencement
2.  This Ordinance commences on such date as is fixed by the Minister for the Arts, Tourism and Territories 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 from subsection (1) the definitions of “Board”, “Chairman”, “Films Board of Review” and “member”; and
	(b)	by inserting in subsection (1) the following definition:
“ ‘Review Board’ means the Film and Literature Board of Review established under the Films Regulations;”.
Omission of Part heading
5.  The heading to Part II of the Principal Ordinance is omitted.
Repeal
6.  Sections 6 to 16 (inclusive) of the Principal Ordinance are repealed.
Application for classification
7.  Section 18 of the Principal Ordinance is amended by omitting from paragraph (6) (b) “Publications”.
Application for review of classification
8.  Section 20 of the Principal Ordinance is amended by inserting in subsections (1) and (2) “Review” before “Board”.
Notice of application
9.  Section 21 of the Principal Ordinance is amended by inserting “Review” before “Board” (wherever occurring).
Review of classification
10.  Section 22 of the Principal Ordinance is amended—
	(a)	by inserting in subsections (1), (2) and (3) “Review” before “Board” (first occurring); and
	(b)	by inserting in subsection (4) “Review” before “Board”.
Interpretation
11.  Section 22A of the Principal Ordinance is amended by omitting from paragraph (b) “Films Board of Review under paragraph 32 (1) (b)” and substituting “Review Board under paragraph 28AC (1) (b)”.
Application for classification
12.  Section 23 of the Principal Ordinance is amended by adding at the end the following subsection:
“(3)  The Censorship Board shall not accept an application for the classification of a film unless an application is made to the Board for the classification of the film under the law in each State and the Northern Territory corresponding to this Ordinance.”.
Approval of film classification following screening
13.  Section 26 of the Principal Ordinance is amended by inserting in subsection (1) “Censorship” before “Board”.
Insertion
14.  After section 28 of the Principal Ordinance, the following sections are inserted:
Notice—classifications and advertising approvals
“28AA.  (1)  Where a decision is made approving, or refusing to approve—
	(a)	the classification of a film; or
	(b)	advertising matter in relation to a film;
the Chief Censor shall cause a written notice of the decision to be given to the applicant for the approval.
“(2)  Where the classification of a film is approved, the notice shall include a description of the markings determined under subsection 35 (5) in relation to the classification given to that film.
“(3)  A decision referred to in paragraph (1) (a) or (b) takes effect on the date on which notice of the decision is given.
Application for review—classifications and advertising approvals
“28AB.  (1)  Where a decision is made approving, or refusing to approve, the classification of a film, or advertising matter in relation to a film—
	(a)	the applicant for approval;
	(b)	the publisher of the film or advertising matter; or
	(c)	the Attorney-General;
may apply to the Review Board for a review of the decision.
“(2)  An application shall be made—
	(a)	except in the case of an application by the Attorney-General—within 37 days after the date on which the relevant decision takes effect, or within such further time as the Review Board allows; or
	(b)	in the case of an application by the Attorney-General—at any time.
“(3)  An application shall be—
	(a)	in writing signed by or on behalf of the applicant;
	(b)	except in the case of the Attorney-General—accompanied by the determined fee; and
	(c)	lodged with the Chairman of the Board.
“(4)  Where a person other than the original applicant for the classification of a film applies for the review of a decision about the film in accordance with this section, the Review Board shall cause a notice in writing of the application for review to be given to the original applicant.
Review—classifications and advertising approvals
“28AC.  (1)  On application in accordance with section 28AB for the review of a decision, the Review Board shall—
	(a)	confirm the decision; or
	(b)	set aside the decision and classify or refuse to classify the film, or approve or refuse to approve the advertising matter, as the case requires.
“(2)  Where the Review Board makes a decision under this section, the Chairman of the Board shall, within 14 days after the date of the decision, notify the applicant in writing accordingly.
“(3)  A decision under this section takes effect on the date on which notice of the decision is given.
“(4)  The Chairman of the Review Board shall keep a record of a decision made under this section.”.
Substitution
15.  Sections 29, 30, 31 and 32 of the Principal Ordinance are repealed and the following sections substituted:
Notice of decision—review of previous decisions
“29.  (1)  Where a decision is made under section 28C confirming or setting aside a previous decision, the Chief Censor shall cause a written notice of the decision—
	(a)	to be given to the original applicant for classification of the relevant film; and
	(b)	to be published in the Gazette within 30 days after the date on which the decision is made.
“(2)  A decision under this section takes effect at the expiration of 30 days after the date on which the notice of the decision is published in the Gazette.
Application for further review—previous decisions
“30.  (1)  Where a decision is made under section 28C confirming or setting aside a previous decision—
	(a)	the original applicant for classification or approval;
	(b)	the publisher of the film or advertising matter; or
	(c)	the Attorney-General;
may apply to the Review Board for a review of the first-mentioned decision.
“(2)  An application shall be made—
	(a)	if made by the original applicant—within 30 days after the applicant received notice of the decision made under section 28C;
	(b)	if made by the publisher—within 30 days after the date on which notice of the decision is published in the Gazette; or
	(c)	if made by the Attorney-General—at any time.
“(3)  An application shall be—
	(a)	in writing signed for or on behalf of the applicant;
	(b)	lodged with the Chairman of the Review Board; and
	(c)	except in the case of an application by the Attorney-General—accompanied by the determined fee.
Further review—previous decisions
“31.  (1)  On application in accordance with section 30 for the further review of a previous decision, the Review Board shall—
	(a)	confirm the decision made under section 28C; or
	(b)	set aside that decision and classify or refuse to classify the film.
“(2)  Where the Review Board makes a decision under this section, the Chairman of the Board shall, within 14 days after the date of the decision—
	(a)	notify the applicant for further review in writing accordingly; and
	(b)	cause a notice setting out the terms of that decision to be published in the Gazette.
“(3)  A decision under this section takes effect on the date on which notice of the decision is published in the Gazette.
“(4)  The Chairman of the Review Board shall keep a record of a decision made under this section.”.
Application of Division
16.  Section 33 of the Principal Ordinance is amended by omitting from paragraph (b) “Films Board of Review” and substituting “Review Board”.
Criteria for classification
17.  Section 34 of the Principal Ordinance is amended—
	(a)	by omitting from paragraph (b) of the definition of “prescribed authority” in subsection (5) “Publications”;
	(b)	by adding at the end of paragraph (d) of that definition “or”;
	(c)	by omitting from paragraph (e) of that definition “or”; and
	(d)	by omitting paragraph (f) of that definition.
Revocation of classification
18.  Section 36 of the Principal Ordinance is amended—
	(a)	by omitting subsections (1) and (2) and substituting the following subsection:
“(1)  On application in accordance with subsection (3), or of its own motion, the Review Board may revoke the classification of a publication or a decision refusing to classify a publication.”;
	(b)	by omitting from paragraph (3) (b) “Board to which the application is made” and substituting “Review Board”;
	(c)	by omitting from subsections (4), (5) and (6) “Publications Review Board or the Films Board of Review” and substituting “Review Board”; and
	(d)	by omitting from subsection (6) “that” and substituting “the”.
Repeal
19.  Section 61 of the Principal Ordinance is repealed.
Transitional
20.  Where, before the date of commencement of this Ordinance, an application had been made—
	(a)	to the Publications Review Board in accordance with section 20 or 36 of the Principal Ordinance; or
	(b)	to the Films Board of Review in accordance with section 30 or 36 of the Principal Ordinance;
but no decision had been made in relation to the application by the relevant Board, the application is to be taken, for the purposes of the Principal Ordinance as amended by this Ordinance, to be an application made to the Review Board in accordance with section 20, 28AB, 30 or 36 of the Principal Ordinance as amended by this Ordinance, as the case requires.

NOTES
1.	Notified in the Commonwealth of Australia Gazette on 8 January 1990.
2.	Ordinance No. 59, 1983, as amended to date.  For further amendments, see Note 2 to No. 2, 1989, and see also Nos. 2, 25, 48 and 50, 1989.
NOTE ABOUT SECTION HEADINGS
On the day on which the Classification of Publications Ordinance 1983 is amended by this Ordinance, in addition to any alteration of section headings indicated in the text of this Ordinance, headings to sections of the Principal Ordinance are altered as set out in the following  table:

Section	Alteration

28A	Omit the heading, substitute the following heading:
	Initiation of review—previous decisions
28B	Omit the heading, substitute the following heading:
	Prior notice—review of previous decisions
28C	Omit the heading, substitute the following heading:
	Review—previous decisions