Classification of Films for Public Exhibition Regulations 1992 (SA)

SOUTH AUSTRALIA

CLASSIFICATION OF FILMS FOR PUBLIC

EXHIBITION REGULATIONS 1992

SUMMARY OF PROVISIONS

1.                    Citation

2.                    Revocation

3.                    Commencement

4.                    Interpretation

4A.	Prescribed classification
5.	Corresponding laws
6.	Prescribed symbols
7.	Application fee
8.	Relation of "MA" classifications to other classifications
9.	Admission of persons to "MA" films

REGULATIONS UNDER THE CLASSIFICATION OF FILMS FOR PUBLIC

EXHIBITION ACT 1971

Classification of Films for Public Exhibition Regulations 1992

being

No. 182 of 1992: Gaz. 27 August 1992, p. 9641

as varied by

No. 78 of 1993: Gaz. 30 April 1993, p. 15692

1 Came into operation 27 August 1992: reg. 3.

2 Came into operation 1 May 1993: reg. 2.

Citation 1. These regulations may be cited as the Classification of Films for Public Exhibition

Regulations 1992.

Revocation

2. All regulations previously made under the Classification of Films for Public Exhibition

Act 1971 are revoked.

Commencement

3. These regulations will come into operation on 27 August 1992.

Interpretation

4. In these regulations—

"the Act" means the Classification of Films for Public Exhibition Act 1971.

Prescribed classification

4A. For the purposes of section 4(1)(e) of the Act, the classification "MA" is prescribed.

Corresponding laws

5. For the purposes of the Act the following are corresponding laws:

(a)	the Classification of Publications Ordinance 1983 of the Australian Capital Territory as amended or substituted from time to time;
(b)	the Theatres and Public Halls Act 1908 of New South Wales as amended from time to time;
(c)	the Films Act 1971 of Victoria as amended from time to time.

Prescribed symbols

6. (1) Subject to subregulation (2), for the purposes of section 8 of the Act, the prescribed

symbol is-

(a) in relation to a film classified as for general exhibition (a "G" film)—a symbol consisting of the "G", enclosed within, but not touched at any point by, a triangle, as follows:

G

(b) in relation to a film classified as parental guidance recommended (a "PG" film)—a symbol consisting of the letters "PG", enclosed within, but not touched at any point by, a rectangle, as follows:

PG

(c) in relation to a film classified as for mature audiences (an "M" film)—a symbol consisting of the letter "M", enclosed within, but not touched at any point by, a circle, together with, immediately to the right of the circle, the characters "15+", as follows:

M 15+

(ca) in relation to a film classified as an "MA" film—a symbol consisting of the letters "MA", enclosed within, but not touched at any point by, a hexagon, together with, immediately to the right of the hexagon, the characters "15+", as follows:

MA 15+

(d) in relation to a film classified as for restricted exhibition (an "R" film)—a symbol consisting of the letter "R", enclosed within, but not touched at any point by, a diamond, together with, immediately to the right of the diamond, the characters "18+", as follows:

R 18+

(2) Notwithstanding subregulation (1), the characters "15+" referred to in paragraph (c) of that subregulation need not form part of the prescribed symbol when used in a printed advertisement that is less than 150 square centimetres in area or in a trailer.

Application fee

7. The fee for an application to the Minister for classification of a film under section 4 of

the Act is $35.

Relation of "MA" classifications to other classifications

8. For the purposes of section 8 of the Act the classification "MA" is less limited than the

classification for restricted exhibition ("R") and more limited than the other classifications.

Admission of persons to "MA" films

9. (1) Where—

(a)	a child of or above the age of two years but under the age of 15 years is in a theatre at any time when a film classified as an "MA" film is, or is about to be, exhibited; and
(b)	the child is not accompanied by his or her parent or guardian, or a person acting with the written authority of his or her parent or guardian,

the exhibitor is guilty of an offence and liable to a penalty not exceeding $100.

(2) It is a defence to a prosecution under subsection (1) that—

(a)	the defendant took reasonable precautions designed to ensure that any such child was not admitted to the exhibition of the film; or
(b)	the defendant, or the person to whom the responsibility of admitting persons to the exhibition of the film was entrusted, believed on reasonable grounds that the child to whom the charge relates had not attained the age of two years or had attained the age of 15 years; or
(c)	the defendant, or the person to whom the responsibility of admitting persons to the exhibition of the film was entrusted, believed on reasonable grounds that the child to whom the charge relates was accompanied by the child’s parent or guardian or a person acting with the written authority of the child’s parent or guardian.

APPENDIX

LEGISLATIVE HISTORY

Regulation 4A:	inserted by 78, 1993, reg. 3
Regulation 6:	varied by 78, 1993, reg. 4
Regulations 8 and 9:	inserted by 78, 1993, reg. 5