AUSTRALIAN CAPITAL TERRITORY

Classification of Publications (Amendment) Ordinance 1992
No. 2 of 1992
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 17 December 1992.
	BILL HAYDEN
	Governor-General
By His Excellency’s Command,
	MICHAEL DUFFY
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 1992.1
Commencement
2.  (1)  Sections 1, 2 and 3 commence on the day on which this Ordinance is notified in the Gazette.
(2)  The remaining provisions commence on a day, or on respective days, fixed by the Minister by notice in the Gazette.
(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Ordinance is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Principal Ordinance
3.  In this Ordinance, “Principal Ordinance” means the Classification of Publications Ordinance 1983.2 
Approval of film classification by Censorship Board
4.  Section 25 of the Principal Ordinance is amended—
	(a)	by inserting after subsection (1) the following subsection:
“(1A)  Subject to this section, the Censorship Board shall approve the classification of a film as an ‘MA’ film where it decides that the film depicts, expresses or otherwise deals with sex, violence or coarse language in such a manner as to make the film unsuitable for viewing by persons under the age of 15 years.”;
	(b)	by inserting in paragraphs (6) (a) and (b) “ ‘MA’,” after “ ‘M’,”;
	(c)	by inserting in paragraph (6) (c) “ ‘MA’,” after “classified as an”; 
	(d)	by inserting after paragraph (6) (c) the following paragraph:
	“(ca)	as an ‘MA’ film if the advertised film is classified as an ‘R’ or ‘X’ film;”; and
	(e)	by inserting in paragraph (6) (e) “, ‘MA’ ” after “ ‘M’ ”.
Approval of film classification following screening
5.  Section 26 of the Principal Ordinance is amended—
	(a)	by omitting from subparagraph (1) (b) (iii) “or” (last occurring); and
	(b)	by inserting after subparagraph (1) (b) (iii) the following subparagraph:
	“(iiia)	as an ‘MA’ film, where he or she is of the opinion that the film is a film of the kind referred to in subsection 25 (1A); or”.
Conditions applying to classified publications
6.  Section 35 of the Principal Ordinance is amended—
	(a)	by inserting after subsection (1A) the following subsection:
“(1B)  The following conditions apply in relation to a film that is classified as an ‘MA’ film:
	(a)	the film shall not be sold, let on hire or delivered to a person under the age of 15 years (other than by a parent or guardian of that person);
	(b)	the film shall not be exhibited or displayed in a public place unless the container, wrapping and casing in which the film is contained bear the determined markings.”;
	(b)	by inserting after paragraph (4) (c) the following paragraph:
	“(ca)	in the case of a video tape, or a video disc, classified as an ‘MA’ film—the advertised film is classified as a ‘G’, ‘PG’, ‘M’ or ‘MA’ film;”;
	(c)	by inserting in paragraph (4) (d) “, ‘MA’ ” after “ ‘M’ ”; and
	(d)	by inserting in subsection (5) “, (1B)” after “(1A)”.
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notes
1.	Notified in the Commonwealth of Australia Gazette on 23 December 1992.
2.	Ordinance No. 59, 1983 as amended by No. 17, 1984; No. 67, 1985; No. 37, 1987; Nos. 14 and 35, 1988; Nos. 2, 25, 48, 50 and 62, 1989.