Films, Videos, and Publications Classification Act 1993

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs

This version was republished on 25 August 2022 to correct a typographical error in section 131(5)(f).

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Version as at 12 April 2022

Films, Videos, and Publications Classification Act 1993

Public Act		1993 No 94
Date of assent		26 August 1993
Commencement		see section 1

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of Internal Affairs.

	Title
1	Short Title and commencement
	Part 1 Preliminary provisions
2	Interpretation
3	Meaning of objectionable
3A	Publication may be age-restricted if it contains highly offensive language likely to cause serious harm
3B	Publication may be age-restricted if likely to be injurious to public good for specified reasons
3C	Procedure for classification under sections 3A and 3B
3D	How sections 3A and 3B relate to sections 3 and 23(2)(c)
4	Classification of publications a matter of expert judgment
4AA	Application of Harmful Digital Communications Act 2015
4A	Transitional, savings, and related provisions
5	Act to bind the Crown
	Part 2 Labelling of films
	Labelling requirements
6	Films to be labelled
7	Trade screenings
8	Films exempt from labelling requirements
	Issue of labels
9	Applications for issue of label
10	Issue of labels
11	Rating and description applicable to copies
11A	Classification Office must provide film database
	Part 3 Classification of publications
	Submission of publications
12	Submission of films by labelling body
13	Submission of publications by others
14	How to submit publications (officials)
14A	How to submit publications (online content hosts)
15	How to submit publications (others)
16	Referral of notice of submission to complaints officer
17	Submission to lapse if publication unobtainable
18	Publication not adaptable to equipment in Classification Office
19	Notification of submission
20	Right to make submissions
21	Other assistance
22	No right to be heard
	Interim classification assessments
22A	Interim classification assessments by Classification Office
22B	Notice, registration, and effect of interim classification assessments
22C	No action to lie against officials
22D	No action to lie against service providers and online content hosts
	Examination and classification of publications
23	Examination and classification
24	Soundtrack to be considered
25	Classification Office may copy film
26	Classification applies to identical copies
27	Conditions relating to display of restricted publications
28	Further provisions relating to conditions on public display of restricted publications
	Referral of publications by courts
29	Character of publications arising in court proceedings
30	Report of findings to be sent to court
31	When decision on publication referred by court to take effect
	Excisions from and alterations to films
32	Excisions from and alterations to films
33	Procedure for making excisions and alterations
34	Classification to apply only if excisions and alterations actually made
35	Provisions to apply to soundtracks
	Issue of labels
36	Issue of labels in respect of films
36A	Issue of labels in respect of other publications that are classified as restricted publications
	Serial publications
37	Serial publications
	Notice of classification decisions
38	Decisions of Classification Office
	Classification decisions made on or after 1 October 2012
39	Register of classification decisions made on or after 1 October 2012
40	Search criteria
41	Decisions to be conclusive evidence
42	Reconsideration of publications
	Classification decisions made before 1 October 2012
42A	Register of classification decisions made before 1 October 2012
42B	Classification Office to publish list of decisions made before 1 October 2012
42C	Saving in respect of decisions made before 1 October 2012
	Film posters
43	Film posters
	Exemptions
44	Applications for exemption
45	Notification of decision
46	Burden of proof
	Part 3A Labelling requirements for specified CVoD providers’ commercial video on-demand content
46A	Purpose of Part
46B	Extraterritorial application to specified CVoD providers
46C	Duty to label commercial video on-demand content
46D	Content previously labelled or classified
46E	Content not previously labelled or classified
46F	How ratings and descriptions must be determined
46G	Approval of providers’ self-rating systems
46H	Chief Censor must annually review approved self-rating systems
46I	Suspension and cancellation of approvals
46J	Complaints process
	Part 4 Review of classification decisions
	Applications for review
47	Right of review
48	Applications for review
48A	Deadline for lodging applications for review
	Interim restrictions on review
49	Interim restriction orders on review
50	Notification of interim restriction order
51	Duration and revocation of interim restriction order
	Conduct of reviews
52	Conduct of reviews
53	Procedure
54	Consultation
55	Decision of Board
56	Reconsideration of decisions referred under section 41(3)
57	Board may state case for High Court
	Part 5 Appeals
	Appeal to High Court
58	Appeal against decision of Board on question of law
59	Notice of appeal
60	Court may dispense with service
61	Right of other parties to appear and be heard on appeal
62	Appeal in respect of additional points of law
63	Orders relating to determination of appeals
64	Dismissal of appeal
65	Extension of time
66	Date of hearing
	Interim restrictions on appeal
67	Interim restriction orders on appeal
68	Notification of interim restriction order
69	Duration and revocation of interim restriction order
	Appeal to Court of Appeal
70	Appeal against decision of High Court
	Part 6 Bodies
	Labelling body
71	Functions of labelling body
72	Approval of labelling body
73	Application for approval as labelling body
74	Community representatives
75	Revocation of approval
	Office of Film and Literature Classification
76	Office of Film and Literature Classification
77	Functions of Classification Office
78	Powers of Classification Office [Repealed]
79	Membership of Classification Office
80	Appointments to Classification Office
81	Term of office
82	Continuation in office after term expires [Repealed]
83	Vacation of office as chairperson and deputy chairperson
84	Holding of other offices
85	Administration of Classification Office
86	Exercise of powers by Deputy Chief Censor
87	Chief Censor may delegate powers
88	Information Unit
89	Annual report [Repealed]
90	Further provisions relating to Classification Office
	Film and Literature Board of Review
91	Film and Literature Board of Review
92	Function
93	Membership
94	Term of office
95	Continuation in office after term expires
96	Extraordinary vacancies
97	Appointment of deputies
98	Application of certain Acts to members
99	Fees and travelling allowances
100	Meetings of Board
101	Board may sit in divisions
102	Provision of administrative services to Board
	Inspectors of Publications
103	Inspectors of Publications
104	Inspectors who are not public servants
105	Authority to act as Inspector
	Part 7 Search and seizure
106	Powers of Inspectors
107	Inspector may seize publications
108	Seizure of objectionable publications
109	Search warrants for offences against specified sections (other than sections 126 and 131A)
109A	Search warrants from District Court Judges for offences against sections 126 and 131A
109B	Search warrants from Registrars, etc, for offences against section 126 or section 131A
109C	Who may apply for search warrants
110	Application of Part 4 of Search and Surveillance Act 2012
111	Powers conferred by warrant [Repealed]
111A	Power to stop vehicles [Repealed]
112	Person executing warrant to produce evidence of authority [Repealed]
113	Notice of execution of warrant [Repealed]
114	Custody of property seized [Repealed]
115	Summons to be issued
116	Disposal of publications seized
117	Appeal against order for destruction
118	Disposal of things seized [Repealed]
118A	Application of Customs and Excise Act 2018
119	No action to lie
	Part 7A Take-down notices for objectionable online publications
119A	Definitions for Part 7A
119B	Application of Part and regulations
119C	Issue of take-down notices
119D	Contents of take-down notices
119E	Online content host must comply with take-down notice
119F	No action to lie against officials
119G	No action to lie against online content host
119H	Enforcement of take-down notices
119I	Remedies and costs
119J	Review of take-down notices
119K	Reporting
	Part 8 Offences
	Offences relating to labelling
120	Non-compliance with labelling requirements
121	Unlawful issue of labels
	Offences involving objectionable or restricted publications
122	Meaning of distribute in sections 123 to 132
122A	Definitions for section 122
123	Offences of strict liability relating to objectionable publications
124	Offences involving knowledge in relation to objectionable publications
124A	Where distribution, importation, etc, not an offence
125	Offences of strict liability involving restricted publications
126	Offences involving knowledge in relation to restricted publications
127	Exhibition to persons under 18
128	Circumstances when exhibition or display not an offence
129	Offences in public place
130	Breach of conditions on display of restricted publications
131	Offence to possess objectionable publication
131A	Offences relating to possession of objectionable publications and involving knowledge
132	Exhibiting parts of a publication
132A	Aggravating factor to be taken into account in sentencing, etc, for certain publications offences
132B	Presumption of imprisonment for repeat offenders
	Offence to livestream objectionable content or share objectionable livestreamed content
132C	Offence to livestream objectionable content or share objectionable livestreamed content
	Miscellaneous offences
133	Contravention of serial publication order
133A	Contravention of interim restriction order
134	Obstruction of Inspector
135	Failure to surrender warrant
	Miscellaneous provisions
136	Disposal and forfeiture following conviction
137	No action to lie
138	Liability of employers and principals
139	Directors and officers of bodies corporate
140	Evidence of publication, etc
141	Relief from contracts
141A	Offences punishable on conviction on indictment [Repealed]
142	Offences punishable on summary conviction [Repealed]
143	Time for filing charging document
144	Attorney-General’s consent required for private prosecutions of certain publications offences
145	Delegation of powers by Commissioner of Police [Repealed]
145A	Extraterritorial jurisdiction for certain offences as required by Optional Protocol
145B	Attorney-General’s consent required where jurisdiction claimed under section 145A
145C	Offences deemed to be included in extradition treaties
	Part 9 Miscellaneous provisions
	General
146	Classification Office may require soundtrack to be translated into English
147	Printed matter to be marked with name and address of publisher or wholesale distributor
148	Fees charged by Classification Office to be reasonable
	Regulations
149	Regulations
	Levy on specified CVoD providers
149A	Payment of annual levy by specified CVoD provider
149B	Levy regulations
149C	Dispute does not suspend obligation to pay levy
149D	Approval may be suspended until debt paid
	Status and recovery of fees or levy
149E	Status and recovery of fees or levy
	Consequential amendments, repeals, and revocation
150	Consequential amendments, repeals, and revocation
150A	Amendment of Schedule 4 by Order in Council
	Part 10 Transitional provisions
	Indecent Publications Act 1963
151	Interpretation
152	Decisions under Indecent Publications Act 1963
153	Proceedings pending or in train before Indecent Publications Tribunal
154	Proceedings pending or in train before High Court
155	Question of indecency arising in court proceedings
156	Alteration of appeal period
157	Interim restriction orders to lapse
158	Restriction orders deemed to be serial publication orders
159	Exemptions
	Video Recordings Act 1987
160	Interpretation
161	Classification decisions under Video Recordings Act 1987
162	Videos before labelling body
163	Proceedings pending before Authority or Board of Review
164	Question of indecency arising in court proceedings
165	Proceedings before High Court or Court of Appeal
166	Exemptions
	Films Act 1983
167	Interpretation
168	Classification decisions under Films Act 1983
169	Proceedings pending before Chief Censor or Board of Review
170	Proceedings before High Court or Court of Appeal
	Dual censorship decisions
171	Dual censorship decisions
	Miscellaneous provisions
172	Vacation of office of existing office-holders
173	Existing Inspectors deemed to be Inspectors
174	Restrictions on redundancy and other entitlements
175	Part to apply in respect of subsisting decisions under previous Films Acts
	Regulations
176	Regulations relating to transitional matters [Expired]
177	Expiry of section 176
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Provisions applying in respect of Classification Office
	Schedule 2 Enactments amended
	Schedule 3 Enactments repealed
	Schedule 4 Specified CVoD providers
	Films, Videos, and Publications Classification Amendment Act 2005
	Notes

An Act to consolidate and amend the law relating to the censoring of films, videos, books, and other publications; and to repeal the Indecent Publications Act 1963, the Films Act 1983, and the Video Recordings Act 1987

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Films, Videos, and Publications Classification Act 1993

Films, Videos, and Publications Classification Act 1993

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