In these regulations, unless the context otherwise requires,—

In these regulations, unless the context otherwise requires, a reference to a numbered form is a reference to the form so numbered in Schedule 2.

Where any expression used in these regulations is not defined in these regulations but is defined in the Act, that expression shall, unless the context otherwise requires, have, in these regulations, the meaning given to it in the Act.

For the purposes of these regulations, the following authorities are hereby declared to be overseas classification authorities:

Where, pursuant to regulation 9 or regulation 12, the labelling body is required to refer to classifications issued by overseas classification authorities, the labelling body—

Nothing in this Part (other than regulations 17 to 20) applies to any film—

Every application under section 9(1) of the Act shall be accompanied by a statement specifying the running time of—

On receiving an application under section 9(1) of the Act, the labelling body shall assess whether the main feature on the film in respect of which the application is made is identical in content with the main feature on—

In making an assessment under subclause (1), the labelling body shall take into account the following matters:

If, after making an assessment under regulation 7, the labelling body is satisfied that the main feature on the film is identical in content with the main feature on a film that has been classified under the Act as a restricted publication, the labelling body shall not assign a rating to that film, but shall submit it to the Classification Office in accordance with section 12(1) of the Act.

If, after making an assessment under regulation 7, the labelling body is satisfied that the main feature on the film is identical in content with the main feature on a film to which a rating has been assigned under the Act, the labelling body shall, subject to regulation 11, assign a rating to the film in accordance with regulation 12.

Notwithstanding anything in subclause (1) or subclause (2), where, after making an assessment under regulation 7, the labelling body is satisfied that the film in respect of which the application under section 9(1) of the Act is made is identical in content with a film in respect of which a label has already been issued under the Act, the labelling body shall either—

Subclause (3) does not apply if—

If, after making an assessment under regulation 7, the labelling body is satisfied that the main feature on the film is not identical in content with the main feature on a film to which paragraph (a) or paragraph (b) of subclause (1) of that regulation applies, the labelling body shall assess whether the main feature on the film is identical in content with any film that has been considered by an overseas classification authority for the purpose of determining whether the film should be approved for supply or exhibition.

In making an assessment under subclause (1), the labelling body shall take into account the matters specified in regulation 7(2).

If, after making an assessment under subclause (1), the labelling body is satisfied that the main feature on the film is identical in content with—

the labelling body shall not assign a rating to that film, but shall submit it to the Classification Office in accordance with section 12(1) of the Act.

If, after making an assessment under subclause (1), the labelling body is satisfied that the main feature on the film is identical in content with a film that has been classified by an overseas classification authority as approved for supply or exhibition (other than a film to which paragraph (a) of subclause (3) applies), the labelling body shall, subject to regulation 11, assign a rating to the film in accordance with regulation 12.

If, after making assessments under regulations 7 and 9, the labelling body is satisfied—

the labelling body shall view that film to determine the rating to be assigned to it.

In determining the rating to be assigned to any film viewed under subclause (1), the labelling body shall consider the following matters:

For the purpose of determining the rating to be assigned to a film viewed under subclause (1), the labelling body may seek the advice of the Classification Office in relation to any of the matters specified in subclause (2).

After viewing a film in accordance with subclause (1), and having taken into account the matters referred to in subclause (2), the labelling body shall, subject to section 12(2) of the Act, to subclause (5) of this regulation, and to regulation 11, assign a rating to that film in accordance with regulation 12.

Notwithstanding anything in subclause (4), where,—

the labelling body is satisfied that if that film were submitted to the Classification Office, it would be likely to be classified by the Classification Office as an objectionable publication or as a restricted publication, the labelling body shall not assign a rating to that film, but shall submit it to the Classification Office in accordance with section 12(1) of the Act.

The labelling body must not assign a rating to a film, but must submit the film to the Classification Office in accordance with section 12(1) of the Act, if, after assessing under subclause (2) the 1 or more trailers (if any) included on the film, the labelling body is satisfied any of them is inconsistent with the main feature on that film.

On receiving an application under section 9(1) of the Act, the labelling body, as well as assessing, in accordance with these regulations, the main feature on the film in respect of which the application is made, must assess the 1 or more trailers (if any) included on that film to determine whether any of those trailers is inconsistent with that main feature.

A trailer included on a film is inconsistent with the main feature on that film for the purposes of this regulation if taking the steps in regulation 11A would result in the main feature and trailer having the ratings or classifications in one of the rows of the table set out in regulation 11B.

This regulation overrides regulations 8 to 10.

This regulation does not apply to a film that is commercial video on-demand content.

One step referred to in regulation 11(3) is for the labelling body to identify the rating it proposes to assign to the main feature or, if the film is one to which regulation 15(2)(b) applies, the classification given by the Classification Office or the Review Board to the main feature on the film.

The other step referred to in regulation 11(3) is for the labelling body—

The table referred to in regulation 11(3) is as follows:

The rating symbols in regulation 11B represent (as provided by regulation 11D) the ratings specified in regulation 12(1) or 15A(2), and those symbols apply regardless of the description (if any) that has been, or would be, assigned under regulation 14 or under section 36(3)(b) or 46F(3) of the Act.

The symbol “R” in regulation 11B represents—

The symbol “R” in regulation 11B applies regardless of—

The following symbols must be used on labels issued in respect of films that are assigned the ratings specified in regulations 12(1) and 15A(2):

Where, pursuant to regulation 8(2) or regulation 9(4) or regulation 10(4), the labelling body is required to assign a rating to a film, the labelling body shall, subject to subclauses (2) to (5), assign to that film one of the following ratings:

If the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content to the main feature on a film to which a rating set out in subclause (1)(a) or (b) or regulation 15A(2)(a) or (b) has been assigned, the labelling body must assign to that film that same rating.

If the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content to the main feature on a film to which a rating set out in subclause (1)(c) or regulation 15A(2)(c) has been assigned, the labelling body must assign to that film—

If the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content to the main feature on a film to which a rating set out in regulation 15A(2)(d), (e), or (f) has been assigned, the labelling body must treat the film as if no rating has previously been assigned and subclauses (1) and (3) to (5), and regulations 9 to 11, apply accordingly.

If the labelling body issues a label in respect of a film to which subclause (2B) applies, any label previously issued in respect of that film by the labelling body or a specified CVoD provider, and any previous direction by the Classification Office to the labelling body or a specified CVoD provider to issue a label in respect of that film, is deemed to be cancelled.

Subject to section 12 of the Act, where the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content with any film that has been classified by an overseas classification authority as approved for supply or exhibition to persons of all ages, the labelling body shall assign to that film the rating specified in subclause (1)(a).

Subject to section 12 of the Act, where the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content with any film that has been classified by an overseas classification authority as suitable for supply or exhibition only to persons of or over a specified age (the specified age being an age that is not more than 13 years), the labelling body shall assign to that film the rating specified in subclause (1)(b).

Subject to section 12 of the Act, where the labelling body is required by these regulations to assign a rating to a film, and the labelling body is satisfied that the main feature on that film is identical in content with any film that has been classified by an overseas classification authority as suitable for supply or exhibition to persons of or over a specified age (the specified age being 14 years of age or 15 years of age), the labelling body shall assign to that film the rating specified in subclause (1)(c).

Where, in accordance with regulation 12, the labelling body has assigned a rating to a film, the labelling body shall determine whether to assign a description to that film to indicate whether it contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour.

Where, in the case of a film to which regulation 8(2) applies, a description has been assigned to the film whose rating is required by regulation 12(2) to be assigned to the first-mentioned film, the labelling body shall assign to the first-mentioned film that description.

In determining whether to assign a description to any film to which regulation 9(4) applies, the labelling body shall take into account any information made available by the overseas classification authority in relation to the film with which the labelling body is satisfied the main feature on the film is identical in content.

This regulation applies to any film the main feature on which has been classified under the Act as unrestricted or as a restricted publication, but in respect of which no direction has been made under section 36 of the Act requiring the labelling body to issue a label.

Where an application is made under section 9(1) of the Act in respect of a film to which this regulation applies,—

Where, in the case of a film to which subclause (2)(a) applies, regulation 9(3) would not, apart from this subclause, permit the labelling body to assign a rating to that film, the labelling body shall, subject to regulation 11, instead assign to that film the rating specified in regulation 12(1)(c).

For the purpose of determining—

the labelling body shall seek the advice of the Classification Office, and shall take any such advice into account in making that determination.

Notwithstanding that the main feature on a film to which subclause (2)(b) applies has already been classified under the Act, the labelling body shall also assess, in accordance with regulation 11, every trailer included on that film, and that regulation shall apply in relation to that film accordingly.

This regulation sets out the ratings that must be assigned by a specified CVoD provider using an approved self-rating system to indicate the suitability of commercial video on-demand content for particular audiences in accordance with section 46F(2) of the Act.

The ratings are as follows:

A specified CVoD provider must assign a description to commercial video on-demand content if the approved self-rating system identifies any aspects of the content as likely to be of concern to parents and young people or to cause harm to persons who view it.

The description must consist of the content warnings that are specified in Schedule 1B that refer to the aspects of the content that the approved self-rating system indicates are most likely to be of concern or to cause harm.

The number of content warnings included in a description under subclause (2) must be determined by consideration of—

Despite subclause (2), a specified CVoD provider may, with the agreement of the Chief Censor, include in a description a content warning that is not listed in Schedule 1B.

Nothing in this regulation prevents a specified CVoD provider alerting consumers to any other feature of the content of commercial video on-demand outside of the prescribed description.

The rating and description assigned to commercial video on-demand content by a specified CVoD provider using an approved self-rating system must, in addition to the factors listed in section 46F(1) of the Act, take into account the audio content associated with the commercial video on-demand content and its relationship to that content.

Where, in accordance with regulation 12, the labelling body assigns a rating to a film (other than commercial video on-demand content), the labelling body shall issue in respect of that film a label containing—

Every label issued under subclause (1) shall be in the following form:

As soon as is reasonably practicable after issuing a label in accordance with subclause (1), the labelling body must notify the Classification Office of the issue of the label and provide the relevant information that the Classification Office is required to include in the database of films under regulation 35A(1).

Where, under section 36 of the Act, the Classification Office directs the labelling body to issue a label in respect of a film (other than commercial video on-demand content), the labelling body shall issue in respect of that film a label containing,—

Every label issued under subclause (1)(a) shall be in the form of, and coloured the same as, whichever of diagrams A to C in Schedule 1 fits the case, which shall be determined by the rating assigned to the film in respect of which the label is issued.

Every label issued under subclause (1)(b) shall,—

Where, in accordance with these regulations, the labelling body has issued a label in respect of a film (other than commercial video on-demand content), any person who distributes films or supplies or exhibits films to the public may apply to the labelling body for the issue of copies of that label for the purpose of labelling any copy of the film in respect of which the original label was issued.

The labelling body must issue the appropriate number (as defined in subclause (3)) of copies of a label if it—

The appropriate number is the number that the labelling body is satisfied is necessary for the copies of the film in respect of which the application is made.

If, in accordance with regulation 12, the labelling body assigns a rating to commercial video on-demand content, the labelling body must notify the specified CVoD provider of—

A specified CVoD provider who receives a notification under subclause (1) must issue a label for that content by applying to the content—

As soon as is reasonably practicable after issuing a label in accordance with subclause (2), the specified CVoD provider must notify the Classification Office of the issue of the label and provide the relevant information that the Classification Office is required to include in the database of films under regulation 35A(1).

In determining, under section 46D(1) of the Act, whether a label has previously been issued for commercial video on-demand content, a specified CVoD provider must assess whether the commercial video on-demand content is identical to the main feature on any film that has been classified under the Act as a restricted publication or to which a rating has been assigned (an other film).

In making an assessment under subclause (1), the specified CVoD provider must take into account the following matters:

A specified CVoD provider who determines, under regulation 18AAB, that commercial video on-demand content is identical to the main feature on any film that has been classified under the Act as a restricted publication, or to which the labelling body has assigned a rating set out in regulation 12(1)(a) or (b), or to which a specified CVoD provider has assigned a rating set out in regulation 15A(2)(a), (b), or (d) to (f), must assign to the commercial video on-demand content—

A specified CVoD provider who determines, under regulation 18AAB, that commercial video on-demand content is identical to the main feature on any film to which the labelling body has assigned a rating set out in regulation 12(1)(c)(i) or (ii), or to which a specified CVoD provider has assigned the rating set out in regulation 15A(2)(c), must assign to the commercial video on-demand content—

If a specified CVoD provider uses an approved self-rating system to assign a rating to any commercial video on-demand content, the specified CVoD provider must issue a label for the content by applying to the content—

As soon as is reasonably practicable after issuing a label in accordance with subclause (1), the specified CVoD provider must notify the Classification Office of the issue of the label and provide the relevant information that the Classification Office is required to include in the database of films under regulation 35A(1).

The following symbols must be used for labels issued in respect of commercial video on-demand content that is classified as a restricted publication:

Despite subclause (1), if commercial video on-demand content is identical to the main feature on a film that was classified under the Act as a restricted publication before 1 August 2021, a classification symbol included on the label issued in respect of that film may be used on the label issued for identical commercial video on-demand content, instead of a symbol specified in subclause (1), but only if the symbol is visibly distinct from any rating symbol prescribed in regulation 11D.

Where, under section 36 of the Act, the Classification Office directs a specified CVoD provider to issue a label in respect of commercial video on-demand content, the provider must apply to the commercial video on-demand content the rating or classification and the description (if any) that the Classification Office directs.

Where, under section 36A(2) of the Act, the Classification Office directs the labelling body to issue a label in respect of a publication (other than a film), the labelling body must issue in respect of the publication a label that specifies the classification given by the Classification Office or the Review Board to the publication.

A label issued under subclause (1) must be in the form of, and coloured the same as, diagram A in Schedule 1A if it is issued in respect of a publication that the Classification Office or the Review Board has classified as objectionable except if the availability of the publication is restricted to persons who have attained a specified age.

A label issued under subclause (1) must be in the form of, and coloured the same as, diagram B in Schedule 1A if it is issued in respect of a publication that the Classification Office or the Review Board has classified as one of the following:

Where, in accordance with regulation 18A, the labelling body has issued a label in respect of a publication, a person who distributes publications or supplies or exhibits publications to the public may apply to the labelling body for the issue of copies of that label for the purpose of labelling any copy of the publication in respect of which the original label was issued.

The labelling body must issue the appropriate number (as defined in subclause (3)) of copies of a label if it—

The appropriate number is the number that the labelling body is satisfied is necessary for the copies of the publication in respect of which the application is made.

Except as provided in sections 7 and 8 of the Act, every film that is supplied to the public or offered for supply to the public must have displayed on it, in the following manner, the label issued in respect of that film:

Every label required to be displayed, pursuant to this regulation, on any film must be of the following size:

Subject to subclauses (3) and (4), every label required to be displayed, pursuant to regulation 19, on any film must be displayed in such a manner that it is fully visible at all times, and shall not be obscured by any other matter, or be altered or defaced in any way.

Where the face or spine of any display case, cassette, spool, device, or film, or any film slick, already has displayed on it any classification issued by an overseas classification authority, the label required to be displayed, pursuant to regulation 19, on any such face, spine, or film, or any film slick, shall, where practicable, be displayed so that the other classification is so far as possible no longer visible.

Where—

any new label displayed, pursuant to regulation 19, on that display case, cassette, spool, device, or film must be displayed so that the cancelled label is no longer visible.

Where it is not possible to comply with subclause (3), the cancelled label shall be permanently obscured by some other means, or shall be removed.

Where—

the label issued under the Act in respect of that film must be displayed on that film by such alternative method approved by the Chief Censor as will ensure that the rating assigned to that film is brought to the attention of purchasers of that film.

The rating symbol or classification symbol, or the full text of the rating or classification, and the description (if any) that have been assigned to commercial video on-demand content must be—

If commercial video on-demand content is made available in separate episodes, chapters, or other parts, subclause (1) applies to each episode, chapter, or part.

However, a specified CVoD provider is not required to comply with subclauses (1) and (2) if—

A specified CVoD provider must apply a label to commercial video on-demand content by—

However, a specified CVoD provider is not required to comply with subclause (1) if—

Subclause (2) applies if a specified CVoD provider makes ancillary content available from the title page of the main feature to which it relates and—

If this subclause applies,—

A label issued in respect of a publication under regulation 18A or regulation 18B must, when the publication is on public display, be—

Every label required to be displayed on a publication, or brought to the attention of persons to whom the publication is displayed, as provided in subclause (1), must be of the following size:

This regulation applies when a label issued in respect of a publication under regulation 18A or 18B is deemed, under section 36A(3) of the Act, to be cancelled.

The label must be—

Where, pursuant to section 9(1) of the Act, any person applies to the labelling body for the issue of a label in respect of a film, that person shall also submit to the labelling body, for approval, a copy of every film poster relating to the film and intended by that person for use in relation to the public supply or public exhibition of the film.

Any person who—

may at any time submit to the labelling body, for approval, any film poster intended by that person for use in relation to the public supply or public exhibition of any film.

Nothing in subclause (2) applies in respect of a film poster that relates to a film that is classified as objectionable.

Nothing in this regulation applies to a film poster that is classified under the Act as objectionable or as a restricted publication.

This regulation applies where, in accordance with regulation 21(1), a film poster is submitted to the labelling body in conjunction with an application made under section 9(1) of the Act in respect of a film.

Where this regulation applies, and the labelling body assigns a rating to the film to which the film poster relates, the labelling body shall examine the film poster in order to determine whether or not to approve the poster.

After examining a film poster in accordance with subclause (2), the labelling body shall approve the film poster unless the labelling body considers that, if the film poster were submitted under section 13(1) of the Act to the Classification Office for a decision on its classification, the film poster would be likely to be classified under section 23 of the Act as objectionable or as a restricted publication.

Where this regulation applies, and—

the labelling body shall decline to approve that film poster.

This regulation applies where, in accordance with regulation 21(2), a film poster is submitted to the labelling body for approval.

Where this regulation applies, the labelling body shall approve the film poster unless the labelling body considers that, if the film poster were submitted under section 13(1) of the Act to the Classification Office for a decision on its classification, the film poster would be likely to be classified under section 23 of the Act as objectionable or as a restricted publication.

Where the labelling body approves or declines to approve a film poster submitted to the labelling body under regulation 21, the labelling body shall give written notice of its decision to the person who submitted the film poster.

Every notice under subclause (1) shall, where the labelling body declines to approve a film poster, specify the reasons for the decision.

The labelling body shall keep and maintain a copy of every notice given by the labelling body pursuant to regulation 24, and those copies shall be open to inspection by the public during ordinary office hours at the offices of the labelling body.

Every person shall, on request, and on payment of such fee (if any) as the labelling body may determine, be entitled to a copy of any notice given by the labelling body pursuant to regulation 24.

Any fee charged pursuant to subclause (2) for a copy of any such notice shall be no more than is reasonably required to recover the cost to the labelling body of making and supplying that copy.

Where, in accordance with this Part, the Classification Office approves or refuses to approve a film poster submitted to it under regulation 27, any previous decision of the labelling body pursuant to this Part with respect to that film poster shall, for the purposes of these regulations, be deemed to be cancelled.

Where, pursuant to section 12 of the Act, the labelling body submits to the Classification Office for examination and classification a film in respect of which an application has been made to the labelling body under section 9(1) of the Act, the labelling body shall also submit to the Classification Office, for approval, a copy of every film poster submitted to the labelling body in conjunction with that application.

Where, pursuant to section 13(1) of the Act, any person who—

that person shall also submit to the Classification Office, for approval, a copy of every film poster relating to that film and intended by that person for use in relation to the public supply or public exhibition of that film.

Any person who—

may at any time submit to the Classification Office, for approval, any film poster (being a film poster classified under the Act as a restricted publication) intended by that person for use in relation to the public supply or public exhibition of any film.

Where, pursuant to regulation 22(3) or regulation 23(2), the labelling body has declined to approve a film poster submitted to it for approval, the person who submitted that film poster may at any time submit that film poster to the Classification Office for approval.

Nothing in subclause (3) or subclause (4) applies in respect of a film poster that relates to a film that is classified as objectionable.

Nothing in this regulation applies to a film poster that is classified under the Act as objectionable.

This regulation applies where, in accordance with regulation 27, a film poster is submitted to the Classification Office for approval.

Where this regulation applies,—

After examining a film poster in accordance with subclause (2)(b),—

This regulation applies where,—

Where this regulation applies, the Classification Office shall consider whether or not the public display of the film poster, if not subject to conditions under regulation 30, would be likely to cause offence to reasonable members of the public.

If the Classification Office considers that the public display of the film poster, if not subject to such conditions, would not be likely to cause such offence, the Classification Office shall approve the film poster.

If the Classification Office considers that the public display of the film poster, if not subject to such conditions, would be likely to cause such offence, the Classification Office shall, subject to subclause (5), approve the film poster subject to such conditions under regulation 30 as it considers necessary to avoid the causing of such offence.

Where, pursuant to section 27 of the Act, the Classification Office has imposed any condition on the public display of the film poster or on the public display of film posters relating to the film to which the film poster relates, the Classification Office may approve the film poster without imposing conditions under regulation 30 if the Classification Office is satisfied that compliance with the condition imposed pursuant to that section will be sufficient to avoid the causing of such offence.

The conditions that may be imposed pursuant to regulation 29 in respect of a film poster are as follows:

Any 1 or more of the conditions specified in subclause (1) may be imposed in respect of a film poster.

For the purposes of these regulations, a condition imposed pursuant to subclause (1)(b) prohibiting the public display of a film poster in any place shall, in so far as the condition relates to the public display of the film poster in any premises, prohibit the public display of that film poster not only in those premises but also—

Where the Classification Office considers, in relation to a film poster to which regulation 29(4) applies, that the causing of offence to reasonable members of the public would be avoided by either—

the Classification Office shall give the person who submitted the film poster to the Classification Office for approval the option of selecting which of those 2 conditions the Classification Office should impose in respect of the public display of the film poster.

Where the Classification Office considers, in relation to a film poster to which regulation 29(4) applies, that the causing of offence to reasonable members of the public would be avoided if any specified part or parts of the film poster were excised or altered to the satisfaction of the Classification Office, the Classification Office shall notify the person who submitted the film poster to the Classification Office for approval (or, in the case of a film poster submitted to the Classification Office pursuant to regulation 27(1), the person who submitted the film poster to the labelling body for approval) that the Classification Office will approve the film poster if the specified part or parts are so excised or altered, and may also specify the method by which the alteration or excision is to be made.

If the person notified under subclause (1) agrees to each such excision or alteration to the satisfaction of the Classification Office, the Classification Office shall, subject to subclause (3), when the Classification Office is satisfied that every alteration or excision required by it has been or will be made in accordance with its requirements, approve the film poster in accordance with regulation 29(4) as if each of the required excisions or alterations were made.

In any case to which subclause (2) applies, the Classification Office may withhold its approval of the film poster until a copy of it in its altered form has been submitted to the Classification Office.

If the person notified under subclause (1) refuses or fails, within 20 working days after the date of the Classification Office’s notice, or within such further period as the Classification Office may allow, to agree to any such alteration or excision to the satisfaction of the Classification Office, the Classification Office shall, subject to subclause (5), refuse to approve the film poster.

Where subclause (4) applies, the Classification Office shall not refuse to approve the film poster if it considers that the causing of offence to reasonable members of the public would be avoided if either of the other conditions specified in regulation 30(1) were imposed in respect of the film poster, and in any such case the Classification Office shall approve the film poster subject to such a condition.

Where the Classification Office approves or refuses to approve a film poster submitted to it under regulation 27, the Classification Office shall give written notice of its decision to the person who submitted the film poster (or, in the case of a film poster submitted to the Classification Office pursuant to regulation 27(1), the person who submitted the film poster to the labelling body for approval).

Every notice under subclause (1) shall specify,—

The Classification Office shall keep and maintain a copy of every notice given by the Classification Office pursuant to regulation 32, and those copies shall be open to inspection by the public during ordinary office hours.

Every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of any notice given by the Classification Office pursuant to regulation 32.

Any fee charged pursuant to subclause (2) for a copy of any such notice shall be no more than is reasonably required to recover the cost to the Classification Office of making that copy.

The approval of a film poster under these regulations is subject to any conditions imposed pursuant to section 27 of the Act on the public display of that film poster.

Where a film poster is classified under the Act as a restricted publication, the approval of that film poster under these regulations is subject to the terms of that classification.

The Register of Classification Decisions established and maintained under section 39 of the Act shall contain the following information with respect to each publication examined by the Classification Office or the Review Board:

The information required by subclause (1) to be entered in the register in respect of a publication are in addition to the matters required by section 39(3)(a) to (c) of the Act to be entered in respect of that publication.

The Classification Office must include, in the database of films required by section 11A of the Act, the following details in respect of each film in relation to which a label is issued:

The Classification Office must add details to or update the details in the database of films,—

The Chief Censor may, in terms and conditions set under section 46G(4) of the Act, specify how a specified CVoD provider who uses an approved self-rating system must comply with the requirements to provide information for inclusion in the film database set out in regulations 18AA(3) and 18AAD(2).

The film database must be established and maintained so that it may be searched by reference to all or any 1 or more of the following criteria:

The database may be established and maintained so that it may be searched by reference to any criteria additional to the criteria in subclause (1).

This regulation applies if a label is deemed to be cancelled—

The Classification Office must ensure that each specified CVoD provider is notified of the cancellation and of the content of the new label.

The notice under subclause (2) must be given as soon as is reasonably practicable after the Classification Office receives the information from the labelling body under regulation 16(3) that relates to the deemed cancellation, or issues the direction under section 36 of the Act.

A specified CVoD provider who is notified under subclause (2) that a label assigned to commercial video on-demand content is deemed to be cancelled must, within 20 working days of receipt of the notice, apply the rating or classification and the description (if any) contained in the new label to any identical commercial video on-demand content that the specified CVoD provider makes available.

Subject to sections 7 and 8 of the Act, where any film is exhibited to the public, there shall be displayed in accordance with the requirements of subclauses (2) and (3), at the premises where the film is exhibited, and also at any other premises at which the exhibitor, or any other person acting as agent for the exhibitor, offers for sale to the public any tickets to any exhibition of the film,—

The information required by subclause (1) to be displayed in respect of a film shall be so displayed by means of—

which shall be displayed in a conspicuous position in the lobby of the premises or (where applicable) outside the entrance to the room in which the film is to be exhibited, at all times while the premises are open to the public.

The lobby board required to be displayed by subclause (2) shall be not less than 28 cm by 36 cm, and the content of the lobby board shall be easily readable by persons at a reasonable distance from the lobby board.

Subject to subclause (4), this regulation applies to any poster or other advertising material that is used or intended for use in relation to the advertising to the public of any film in respect of which a label has been issued.

Every poster or other advertising material to which this regulation applies shall show the content of the label issued in respect of the film advertised in the poster or material, which content shall be shown in accordance with the following requirements:

Notwithstanding anything in paragraph (a) or paragraph (b) of subclause (2), in the case of any advertising material—

the provisions of those paragraphs shall, in addition to requiring the rating symbol or, as the case requires, the classification symbol, be deemed to require an explanation of the symbol, in the terms of the relevant paragraph of regulation 12(1) (in the case of a rating symbol) or the actual classification of the film (in the case of a film classified as a restricted publication), to appear,—

Nothing in this regulation applies to—

Where any trailer is exhibited to the public, and that trailer advertises a film in respect of which a label has been issued, the content of the label issued in respect of that film shall be shown on the trailer in accordance with the following requirements:

Notwithstanding anything in subclause (1), on any specified occasion or occasions when for technical or other reasons it is not possible to comply with the requirements of that subclause, the information specified in that subclause may be shown by means of a lantern slide or such other method or methods as the Chief Censor may from time to time approve, either generally or in a particular case.

Nothing in this regulation applies to trailers that advertise commercial video on-demand content.

Every radio advertisement that advertises to the public any film in respect of which a label has been issued shall include a statement of the content of the label issued in respect of that film, which statement shall comply with the following requirements:

In every case the statement required by subclause (1) shall come at the end of the advertisement.

Nothing in this regulation applies to radio advertisements that advertise commercial video on-demand content.

Every television advertisement that advertises to the public any film in respect of which a label has been issued shall include the following:

In every case the information required by subclause (1) shall be displayed legibly on the screen for at least 5 seconds.

Nothing in this regulation applies to television advertisements that advertise commercial video on-demand content.

Every occupier of premises (not being a private residence) where films are supplied to the public, offered for supply to the public, or exhibited to the public shall, in accordance with subclause (2), publicly display on those premises a notice showing—

Every occupier of premises (not being a private residence) where films to which regulation 65 applies are supplied to the public or offered for supply to the public must, in accordance with subclause (2), publicly display on those premises a notice showing—

Every such notice shall—

Every application for the leave of the Secretary under section 47(2)(e) of the Act—

As soon as practicable after receiving an application for leave under section 47(2)(e) of the Act, the Secretary shall decide whether or not to grant leave to the applicant, and shall notify the applicant in writing of his or her decision and, where leave is refused, of the reasons for that refusal.

Every application for a review under section 47 of the Act shall be in form 1.

The Classification Office may refuse to examine any publication whose condition when submitted to the Classification Office is such that the Classification Office is unable to properly assess the publication.

Every person commits an offence against these regulations who, being the occupier of premises (other than a private residence) where films are supplied to the public or offered for supply to the public or exhibited to the public,—

Every person commits an offence against these regulations who, being the occupier of premises (other than a private residence) where films are supplied to the public or offered for supply to the public or exhibited to the public,—

Every person commits an offence against these regulations who, being the occupier of premises (other than a private residence) where films to which regulation 65 applies are supplied to the public or offered for supply to the public,—

Every person who commits an offence against these regulations is liable on conviction to a fine not exceeding $2,000.

The labelling body shall take such steps as the Chief Censor may require to ensure that notice of the rating and description (if any) assigned by the labelling body to any film is disseminated to persons engaged in the production, distribution, public supply, or public exhibition of films.

Every notice required by subclause (1) shall be disseminated not later than 1 month after the rating is assigned to the film, and shall include the following details:

Where, pursuant to this regulation, the labelling body is required to supply to any person a copy of any notice required by subclause (1), the labelling body may charge that person a fee for supplying that copy.

Any fee charged pursuant to subclause (3) for the supply to any person of a copy of a notice shall be no more than is reasonably required to recover the cost to the labelling body of making and supplying that copy.

Any notice or other document required to be given or served by, or to or on, any person for the purposes of the Act may be so given or served by delivering it to that person.

Any such notice or document may be delivered to the person—

If, in accordance with regulation 49(2)(c), any notice or document is sent to any person by post, it shall be deemed to have been delivered to that person on the earlier of—

In proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.

Where a notice or document is served on, or given to, any person in accordance with paragraph (d) or paragraph (e) of regulation 49(2), that notice or document shall,—

Where a notice or document is transmitted to a facsimile number after 5 pm on any day, that notice or document shall, subject to subclause (3), be deemed to have been duly served or given on the first working day after the day on which the notice or document was received in a complete and legible condition.

A notice or document transmitted to a facsimile number shall be deemed to have been received in a complete and legible condition unless—

For the purposes of regulation 49, where the person on or to whom a notice or document is required to be served or given is absent from New Zealand, the notice or document may be delivered, as specified in that regulation, to that person’s agent in New Zealand.

Subject to regulation 54, if any person on or to whom a notice or document is required to be served or given for the purposes of the Act is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased, or if for any other reason it is not practicable to deliver the notice or document personally, the notice or document shall be delivered in such manner as may be directed by the Chief Censor or the President of the Board.

Notwithstanding anything in regulations 49 to 52, but subject to regulation 54, the Chief Censor or the President of the Board may in any case direct the manner in which any such notice or document is to be given or served, or dispense with the service or giving of any such notice or document.

Regulations 49 to 53 shall be read subject to any provision of the Act that prescribes a particular and exclusive mode of serving or giving any notice or document.

The regulations specified in Schedule 3 are hereby revoked.

This Part applies to any film—

Each of the classifications under the Films Act 1983 specified in the first column of Schedule 4 is equivalent to the rating or classification under this Act specified in relation to each such classification in the second column of that schedule.

Each of the ratings and classifications under the Video Recordings Act 1987 specified in the third column of Schedule 4 is equivalent to the rating or classification under this Act specified in relation to each such rating or classification in the second column of that schedule.

Any person who—

may apply under section 9(1) of the Act to the labelling body for the issue of a label in respect of any film to which this Part applies.

On receiving an application under section 9(1) of the Act in relation to a film to which this Part applies, the labelling body shall, subject to regulation 61, issue a label in respect of that film.

Subject to regulation 59, every such label shall contain—

Every label issued under subclause (3) shall be in the form of, and coloured the same as, whichever of diagrams A to E in Schedule 1 fits the case, which shall be determined by the film’s equivalent rating or classification under the Act.

Nothing in this regulation authorises the labelling body to issue a label in respect of a film that, under section 161(3)(c) or section 168(3)(b) or section 171(3)(a) of the Act, is deemed to have been classified as objectionable.

This regulation applies in respect of any film (being a film to which this Part applies) in any case where, because decisions have been made in respect of that film under both the Films Act 1983 and the Video Recordings Act 1987, it is not possible to assign one equivalent rating or classification to that film in accordance with regulation 57.

Where, pursuant to regulation 58 of these regulations, the labelling body is required to issue a label in respect of a film to which this regulation applies, the labelling body shall,—

The rating or classification assigned to a film pursuant to this regulation shall be included on the label issued in respect of that film pursuant to regulation 58.

Subject to subclauses (2) to (4), where, in accordance with regulation 58 or, as the case requires, regulation 59, the labelling body has assigned a rating or a classification to a film, the labelling body shall determine whether to assign a description to that film to indicate whether it contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour.

Where, in the case of a film that has been classified under the Films Act 1983, a description has been given to the film under section 15(4) of that Act, the labelling body shall assign to the film that description.

Where a description has been assigned to the film under the Video Recordings Act 1987, the labelling body shall assign to the film that description.

Notwithstanding anything in subclauses (2) and (3), where the application of those subclauses would otherwise result in the film being assigned 2 different descriptions, the labelling body may—

This regulation applies to a film (the film) to which this Part applies if,—

The labelling body must not issue a label in respect of the film (including the new material), but must submit the film (including the new material) to the Classification Office in accordance with section 12(1) of the Act if, after assessing under subclause (3) the new material, the labelling body is satisfied it is inconsistent with the film (excluding the new material).

The labelling body must, as well as determining the equivalent rating or classification of the film (excluding the new material) under the Act, assess the new material to determine whether it is inconsistent with the film (excluding the new material).

The new material is inconsistent with the film (excluding the new material) for the purposes of this regulation if taking the steps in regulation 61A would result in the film (excluding the new material) and new material having the ratings or classifications in one of the rows of the table set out in regulation 61B.

This regulation overrides regulations 58 and 59.

One step referred to in regulation 61(4) is for the labelling body to determine the equivalent rating or classification of the film (excluding the new material) under the Act.

The other step referred to in regulation 61(4) is for the labelling body—

The table referred to in regulation 61(4) is as follows:

The rating symbols in regulation 61B represent (as provided by regulation 11D) the ratings specified in regulation 12(1) or 15A(2), and those symbols apply regardless of the description (if any) that would be assigned under regulation 14 or under section 36(3)(b) or 46F(3) of the Act.

The symbol “R” in regulation 61B represents—

The symbol “R” in regulation 61B applies regardless of—

Where the labelling body issues a label in respect of a film to which this Part applies, and that film already has displayed on it a label issued under the Video Recordings Act 1987, regulation 20 shall be deemed—

Subject to subclause (3), every film poster in respect of which an approval given under the Films Regulations 1984 is subsisting immediately before 1 October 1994 shall be deemed, for the purposes of these regulations, to be approved under these regulations.

Where any application is made under section 9(1) of the Act to the labelling body for the issue of a label in respect of any film to which this Part applies, nothing in Part 3 requires the submission to the labelling body of any film poster relating to that film in any case where that film poster is deemed by subclause (1) to be approved under these regulations.

Where, in accordance with regulation 58, the labelling body issues a label in respect of a film to which this Part applies, any film poster to which subclause (1) applies and that is used or intended to be used in relation to the advertising of that film to the public shall show, in accordance with regulation 38, the content of that label.

This regulation applies to any film in respect of which a label has been issued under the Video Recordings Act 1987, where the decision authorising the issue of the label is subsisting immediately before 1 October 1994.

Unless a label has been issued under the Act in respect of the film, if any film to which this regulation applies is supplied to the public or offered for supply to the public, and that film is so supplied or offered for supply in compliance with all of the requirements of the Video Recordings Act 1987 that, immediately before 1 October 1994, applied in respect of the public supply of that film or, as the case requires, the offering of the film for supply to the public, that film shall be deemed to be supplied to the public or, as the case requires, offered for supply to the public in compliance with those requirements of the Act and these regulations that would otherwise apply with respect to the public supply of that film or, as the case requires, the offering of the film for supply to the public.

Regulation 64 expires with the close of 31 March 1999.