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CLASSIFICATION OF FILMS AMENDMENT BILL 1993

        Queensland




CLASSIFICATION OF FILMS
  AMENDMENT BILL 1993

 


 

Queensland CLASSIFICATION OF FILMS AMENDMENT BILL 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s.3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new s.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3A Meaning of "sell" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Insertion of new s.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4A Delegation by films classification officer . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s.9 (Classification of films) . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s.21 (Prohibition against exhibition of unclassified films) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Replacement of s.22 (Attendance of minor at exhibition of certain films--offence by exhibitor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 22 Attendance of certain minors at exhibition of certain films--offence by exhibitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Replacement of s.25 (Power to demand name, age and address etc.) . . . . 7 25 Power to require particulars of name, address and age . . . . . . . . . . 7 25A Proof of particulars may be required . . . . . . . . . . . . . . . . . . . . . . . . . 9 25B Offences relating to particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 25C Person may be required to leave theatre . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s.30 (Display of information about classification) . . . . . . . 10 12 Replacement of ss.31-33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 31 Classified films containing advertisements for other films . . . . . . . 10

 


 

2 Classification of Films Amendment 32 Display for sale of `MA' or `R' film . . . . . . . . . . . . . . . . . . . . . . . . . . 11 33 Sale of `MA' or `R' film to certain minors prohibited . . . . . . . . . . . 11 13 Amendment of s.34 (Display and sale of unclassified films prohibited) . . . 12 14 Amendment of s.41 (Possession of objectionable film) . . . . . . . . . . . . . . . . 12 15 Amendment of s.60 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Amendment of s.65 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Insertion of new s.66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 66 Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Replacement of Part 9 (Repeals, Savings and Transitional) . . . . . . . . . . . . 13 PART 9--SAVINGS AND TRANSITIONAL PROVISIONS 67 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 68 Transitional provisions relating to `MA' films . . . . . . . . . . . . . . . . . . 13 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 14 MINOR AMENDMENTS

 


 

1993 A BILL FOR An Act to amend the Classification of Films Act 1991

 


 

4 Classification of Films Amendment BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1 the advice and consent of the Legislative Assembly of Queensland in 2 Parliament assembled, and by the authority of the same, as follows. 3 title 4 Short This Act may be cited as the Classification of Films Amendment 5 Clause1. Act 1993. 6 7 Commencement Clause2. This Act commences on a day to be fixed by proclamation. 8 Act 9 Amended The Classification of Films Act 1991 is amended as set out in this 10 Clause3. Act. 11 of s.3 (Definitions) 12 Amendment Clause4.(1) Section 3 (definition "sell")-- 13 omit. 14 (2) Section 3-- 15 insert-- 16 ` "approved form" means a form approved by the chief executive under 17 section 66; 18 "arrangement" includes scheme, agreement, understanding, promise or 19 undertaking (whether express or implied); 20 "chief executive" means the chief executive of the department; 21 "sell" has the meaning given by section 3A;'. 22 of new s.3A 23 Insertion Clause5. After section 3-- 24 insert-- 25

 


 

5 Classification of Films Amendment of "sell" 1 `Meaning `3A. In this Act, "sell", in relation to a film, means-- 2 (a) sell, whether by wholesale or retail; or 3 (b) let on hire; or 4 (c) under or in connection with a commercial arrangement-- 5 (i) exchange or distribute; or 6 (ii) enable or assist an exchange or distribution, even if the 7 exchange or distribution is not, by itself, a commercial 8 arrangement; or 9 (d) offer or agree to do an act mentioned in paragraphs (a) to (c); or 10 (e) cause or permit to be done an act mentioned in paragraphs (a) to 11 (d). 12 Example of paragraph (c)(ii)-- 13 Paragraph (c)(ii) applies if a person, for profit, establishes or maintains, 14 or participates in the establishment or maintenance, of a club, association or 15 business for the exchange of films by other persons (whether or not the 16 exchange is for profit by them), for example by providing-- 17 (a) services assisting the exchange in return for payment of club 18 membership or other fees; or 19 (b) entrance, on payment of a fee, to premises where exchanges may 20 take place.'. 21 of new s.4A 22 Insertion Clause6. After section 4-- 23 insert-- 24 by films classification officer 25 `Delegation `4A. The films classification officer may delegate the officer's powers to 26 another officer of the department approved in writing by the chief 27 executive.'. 28

 


 

6 Classification of Films Amendment of s.9 (Classification of films) 1 Amendment Section 9(1)(d)-- 2 Clause7.(1) renumber as section 9(1)(e). 3 (2) After section 9(1)(c)-- 4 insert-- 5 `(d) as an "MA" film, if the censor is of the opinion that the film 6 describes, depicts, expresses or otherwise deals with sex, violence 7 or coarse language in a way that makes the film unsuitable for 8 viewing by persons under 15 years; or'. 9 (3) Section 9(4)-- 10 omit, insert-- 11 `(4) If a video tape or video disc includes an advertisement for a 12 classified film, the censor must not classify the video tape or video disc-- 13 (a) as a `G' film, if the advertised film is classified as a `PG', `M', 14 `MA' or `R' film; or 15 (b) as a `PG' film, if the advertised film is classified as an `M', 16 `MA' or `R' film; or 17 (c) as an `M' film, if the advertised film is classified as an `MA' or 18 `R' film; or 19 (d) as an `MA' film, if the advertised film is classified as an `R' 20 film.'. 21 of s.21 (Prohibition against exhibition of unclassified 22 Amendment films) 23 Clause8.(1) Section 21(b) and(c)-- 24 renumber as section 21(c) and (d) respectively. 25 (2) Section 21 (after paragraph (a))-- 26 insert-- 27 `(b) in the case of a film that, if it were classified, would be classified 28 as an `MA' film--20 penalty units; or'. 29

 


 

7 Classification of Films Amendment of s.22 (Attendance of minor at exhibition of certain 1 Replacement films--offence by exhibitor) 2 Section 22-- 3 Clause9. omit, insert-- 4 of certain minors at exhibition of certain films--offence 5 `Attendance by exhibitor 6 `22.(1) A person must not exhibit, or attempt to exhibit, in a public place 7 a film classified as an `MA' film if a minor who has reached 2 years but 8 not 15 years and who is not accompanied by an adult is, or will be, present 9 at any time during the exhibition of the film. 10 Maximum penalty--10 penalty units. 11 `(2) A person must not exhibit, or attempt to exhibit, in a public place a 12 film classified as an `R' film if a minor who has reached 2 years is, or will 13 be, present at any time during the exhibition of the film. 14 Maximum penalty--10 penalty units. 15 `(3) A person does not commit an offence against subsection (1) if the 16 person or the person's employee or agent believes on reasonable grounds 17 that the minor concerned-- 18 (a) has reached 15 years or has not reached 2 years; or 19 (b) is, or will be, accompanied by an adult during the exhibition of 20 the film. 21 `(4) A person does not commit an offence against subsection (2) if the 22 person or the person's employee or agent believes on reasonable grounds 23 that the minor concerned has reached 18 years or has not reached 2 years.'. 24 of s.25 (Power to demand name, age and address etc.) 25 Replacement Section 25-- 26 Clause10. omit, insert-- 27 to require particulars of name, address and age 28 `Power `25.(1) This section applies only to the exhibition of an `MA' or `R' 29 film. 30

 


 

8 Classification of Films Amendment `(2) If an inspector, exhibitor or an exhibitor's employee or agent (the 1 "inquirer") has reasonable grounds for suspecting any of the 2 circumstances mentioned in subsection (3) in relation to a person, the 3 inquirer may require the person to give the particulars mentioned in 4 subsection (4). 5 `(3) The suspected circumstances are-- 6 (a) that a person seeking admission, or who has been admitted, to the 7 theatre where the film is about to be, or is being, exhibited has in 8 the person's care and control, or is accompanying, a minor who 9 has reached-- 10 (i) if the film is an `MA' film--2 years but not 15 years; or 11 (ii) if the film is an `R' film--2 years; or 12 (b) that a person who has been admitted to the theatre where the film 13 has just been exhibited had in the person's care and control, or 14 accompanied, at any time during the exhibition a minor who had 15 reached-- 16 (i) if the film is an `MA' film--2 years but not 15 years; or 17 (ii) if the film is an `R' film--2 years; or 18 (c) that a person seeking admission, or who has been admitted, to the 19 theatre where the film is about to be, or is being exhibited, or who 20 has been admitted to the theatre where the film has just been 21 exhibited, is a minor who has reached-- 22 (i) if the film is an `MA' film--2 years but not 15 years; or 23 (ii) if the film is an `R' film--2 years. 24 `(4) The required particulars are-- 25 (a) in relation to a person mentioned in subsection (3)(a)or(b)-- 26 (i) the person's correct name and address; and 27 (ii) to the person's best knowledge--the minor's correct name, 28 address and age; or 29 (b) in relation to a person mentioned in subsection (3)(c)--the 30 person's correct name, address and age. 31

 


 

9 Classification of Films Amendment of particulars may be required 1 `Proof `25A.(1) If an inspector, exhibitor or an exhibitor's employee or agent 2 (the "inquirer") has reasonable grounds to believe that any of the 3 particulars given by a person under section 25 are false, the inquirer may 4 require the person to produce evidence of the correctness of the particulars. 5 `(2) The inquirer may also require a person who is required to provide 6 particulars under section 25 to complete and sign a statement of the 7 particulars in the approved form. 8 relating to particulars 9 `Offences `25B.(1) A person must not fail, without reasonable excuse-- 10 (a) to give particulars required under section 25; or 11 (b) to produce evidence of the correctness of particulars required 12 under section 25A(1); or 13 (c) to complete and sign a statement required under section 25A(2). 14 Maximum penalty--1 penalty unit. 15 `(2) A person does not commit an offence against subsection (1), despite 16 a failure to do an act required by the subsection, if the person-- 17 (a) has not, at the time of the failure, attended the exhibiting of the 18 `MA' or `R' film concerned; and 19 (b) leaves the theatre immediately after the failure. 20 `(3) A person must not provide false or misleading-- 21 (a) particulars in response to a requirement under section 25; or 22 (b) evidence in response to a requirement under section 25A(1); or 23 (c) particulars in a statement given in response to a requirement 24 under 25A(2). 25 Maximum penalty--5 penalty units. 26 may be required to leave theatre 27 `Person `25C.(1) An exhibitor or an exhibitor's employee or agent (the 28 "refuser") may refuse to admit a person to a theatre, or may require a 29

 


 

10 Classification of Films Amendment person to leave a theatre, if the refuser believes on reasonable grounds-- 1 (a) that the exhibitor would commit an offence if the exhibitor 2 allowed the person to be, or to continue to be, present in the 3 theatre; or 4 (b) that the person has committed an offence against section 25B. 5 `(2) A person must not-- 6 (a) enter, or attempt to enter, a theatre after being refused entry under 7 subsection (1); or 8 (b) fail to leave a theatre after being required to leave under 9 subsection (1). 10 Maximum penalty--5 penalty units.'. 11 of s.30 (Display of information about classification) 12 Amendment Section 30(1)-- 13 Clause11.(1) omit `or distributes'. 14 (2) Section 30(1)-- 15 omit `or distribute'. 16 of ss.31-33 17 Replacement Sections 31 to 33-- 18 Clause12. omit, insert-- 19 films containing advertisements for other films 20 `Classified `31. A person must not sell or display for sale, or attempt to sell or 21 display for sale, a classified film that contains an advertisement relating to-- 22 (a) if the film is classified as a `G' film--a film classified as a `PG', 23 `M', `MA' or `R' film or an unclassified film; or 24 (b) if the film is classified as a `PG' film--a film classified as an 25 `M', `MA' or `R' film or an unclassified film; or 26 (c) if the film is classified as an `M' film--a film classified as an 27 `MA' or `R' film or an unclassified film; or 28

 


 

11 Classification of Films Amendment (d) if the film is classified as an `MA' film--a film classified as an 1 `R' film or an unclassified film; or 2 (e) if a film is classified as an `R' film--an unclassified film. 3 Maximum penalty--10 penalty units. 4 for sale of `MA' or `R' film 5 `Display `32. A person who displays, or attempts to display, for sale-- 6 (a) a film classified as an `MA' or `R' film; or 7 (b) an advertisement for a film classified as an `MA' or `R' film; 8 must comply with the conditions that may be prescribed by regulation for 9 the purposes of this section. 10 Maximum penalty--10 penalty units. 11 of `MA' or `R' film to certain minors prohibited 12 `Sale `33.(1) A person must not sell or deliver, or attempt to sell or deliver, a 13 film classified as-- 14 (a) an `MA' film--to a minor who has not reached 15 years unless 15 the minor is accompanied by an adult; or 16 (b) an `R' film--to a minor. 17 Maximum penalty--20 penalty units. 18 `(2) A person does not commit an offence against subsection (1)(a) if the 19 person or the person's employee or agent believes on reasonable grounds 20 that the minor concerned has reached 15 years or is accompanied by an 21 adult. 22 `(3) A person does not commit an offence against subsection (1)(b) if the 23 person or the person's employee or agent believes on reasonable grounds 24 that the minor concerned has reached 18 years. 25 `(4) A person does not commit an offence against subsection (1) if-- 26 (a) the minor concerned is employed by a person in a business of 27 selling films; and 28 (b) the delivery takes place in the course of the employment.'. 29

 


 

12 Classification of Films Amendment of s.34 (Display and sale of unclassified films prohibited) 1 Amendment Clause13.(1) Section 34 (penalty, paragraphs (b), (c) and (d))-- 2 renumber as paragraphs (c), (d) and (e) respectively. 3 (2) Section 34 (after paragraph (a)) 4 insert-- 5 `(b) in the case of a film that, if it were classified, would be classified 6 as an `MA' film--7 penalty units; or'. 7 of s.41 (Possession of objectionable film) 8 Amendment Section 41(1)-- 9 Clause14.(1) omit `or distribution'. 10 (2) Section 41(3) (after `Maximum penalty--') 11 insert `150 penalty units or'. 12 of s.60 (Evidentiary provisions) 13 Amendment Clause15. Section 60 (after subsection (2))-- 14 insert-- 15 `(3) In a proceeding, a document purporting to be, or to contain, a 16 delegation signed by the films classification officer for the purpose of 17 section 4A is evidence of-- 18 (a) the delegation; and 19 (b) the chief executive's approval of the person to whom the 20 delegation is made.'. 21 of s.65 (Regulations) 22 Amendment Section 65(2)(b)-- 23 Clause16.(1) omit `or distribute'. 24 (2) Section 65(4)-- 25 omit `, sale or distribution', insert `or sale'. 26

 


 

13 Classification of Films Amendment of new s.66 1 Insertion Clause17. After section 65-- 2 insert-- 3 executive may approve forms 4 `Chief `66.(1) The chief executive may approve a form for use under this Act. 5 `(2) A person may request the chief executive to give the person a 6 document setting out a form approved under subsection (1). 7 `(3) The chief executive must promptly comply with a request under 8 subsection (2).'. 9 of Part 9 (Repeals, Savings and Transitional) 10 Replacement Part 9-- 11 Clause18. omit, insert-- 12 `PART 9--SAVINGS AND TRANSITIONAL 13 PROVISIONS 14 regulations 15 `Existing `67. A regulation in force immediately before the commencement of this 16 section continues to have effect after the commencement as if it had been 17 made immediately after the commencement. 18 provisions relating to `MA' films 19 `Transitional `68. A film that, between 1 May 1993 and the commencement of this 20 section, is classified-- 21 (a) as an `M' film under section 9; and 22 (b) as an `MA' film under the Classification of Publications and 23 Films Act of the Northern Territory; 24 is, after the commencement, taken to be classified as an `MA' film under 25 this Act.'. 26

 


 

14 Classification of Films Amendment CHEDULE 1 S INOR AMENDMENTS 2 M section 3 3 1. Section 3 (definition "child abuse film")-- 4 omit `the age of'. 5 2. Section 3 (definition "objectionable film", paragraph (b))-- 6 omit `the age of'. 7 3. Section 4(1)-- 8 omit `of the department' (1st occurring). 9 4. Section 4(3)(b)-- 10 omit `a form approved by the chief executive', 11 insert `the approved form'. 12 5. Section 9(1)(b) and (c)-- 13 omit `the age of'. 14 6. Section 9(2)(c)-- 15 omit `the age of'. 16 7. Section 10(2)(b)-- 17 omit `the age of'. 18

 


 

15 Classification of Films Amendment SCHEDULE (continued) 8. Section 23-- 1 omit `attained the age of' (wherever occurring), insert `reached'. 2 9. Section 23(2)-- 3 omit `is not guilty of', insert `does not commit'. 4 10. Section 24-- 5 omit `attained 15 years of age', insert `reached 15 years'. 6 11. Section 65(1)-- 7 omit, insert-- 8 `65.(1) The Governor in Council may make regulations for the purposes 9 of this Act.'. 10 12. Schedule 2-- 11 omit. 12 13 State of Queensland 1993

 


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