Films (Censorship and Review) Acts Amendment Act 1984 (Qld)

1479 u Q eenstanb ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 1 16 of 1934 An Act to amend the Censorshipof Films Act 1947-1973 and the FilmsReview Act 1974 each in certain particulars [ASSENTED TO 18TH DECEMBER, 1984]

1480 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- PART I-PRELIMINARY 1. Short title and citation . This Act may be cited as the Films (Censorship and Review) Acts Amendment Act 1984. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) this Act or the provisions thereof specified in the Proclamation shall commence on a day or days appointed by Proclamation. 3. Arrangement. This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART 11-AMENDMENT OF CENSORSHIP OF FILMS ACT (SS. 4-24); PART 111-AMENDMENT OF FILMS REVIEW ACT (ss. 25-36). PART 11-AMENDMENT OF CENSORSHIP OF FILMS ACT 4. Principal Act and citation as amended . (1) In this Part the Censorship of Films Act1947-1973 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Censorship of Films Act1947-1984. 5. Repeal of and new s. 3. Parts of Act. The Principal Act is amended by repealing section 3 and substituting the following section:- "3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (SS. 1-4); PART 11-ADMINISTRATION OF ACT (ss. 5-13); PART 111-CENSORSHIP OF FILMS (SS. 14-36); Division I-Approval of Films (ss. 14-27); Division 2-Distribution and Exhibition of Films (ss. 28-35); Division 3-Exemptions (s. 36); PART IV-AGREEMENT WITH COMMONWEALTH FOR ADMINISTRATION OF ACT (s. 37); 8- PART V-MISCELLANEOUS (ss. 3 52).". 6. Repeal of and new s. 4. Meaning of terms. The Principal Act is amended by repealing section 4 and substituting the following section:- "4. Meaning of terms. In this Act, save where the contrary appears- "A.C.T. Ordinance" means the Classification of Publications Ordinance 1983 of the Australian Capital

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1481 Territory as amended and in force for the time being and includes an Ordinance passed in substitution of that Ordinance; "advertisement" means any matter or thing describing or announcing , in any way or form, the projected distribution or exhibition of a film; "Appeal Censor " means- (a) where there is in force an arrangement under Part IV, the officers and authorities of the Commonwealth as prescribed by section 37; (b) where an arrangement under Part IV is not in force, the Minister or other person authorized by the Minister to discharge the function of Appeal Censor; "approved " means approved under this Act; "Australian Security Intelligence Organization Act 1979" means the Australian Security IntelligenceOrganizationAct 1979 of the Commonwealth as amended and in force for the time being and includes an Act passed in substitution of that Act; "Censor" means- (a) where there is in force an arrangement under Part IV, the officers and authorities of the Commonwealth as prescribed by section 37; (b) where an arrangement under Part IV is not in force, the Censor of films appointed under or for the purposes of this Act and any person appointed by the Governor in Council to act as Censor of films; "Censorship Board " has the same meaning as in the A.C.T. Ordinance; "classified" means classified under this Act; "Commonwealth Gazette" means the Commonwealth of Australia Gazette; "distribute " in relation to films , means to sell, whether by wholesale or retail and includes- (a) offer or expose for sale; (b) have in possession for sale; (c) barter or exchange; (d) let on hire or offer to let on hire; and 48

1482 Films (Censorship and Review ) Acts Amendment Act 1984, No. 116 (e) send, forward or deliver for or on sale; "distributor" in relation to films, means every person who distributes a film; "exhibitor" in relation to films, means every person who exhibits or proposes to exhibit a film in a picture theatre; "film" includes a cinematograph film, a slide, video tape, video disc and any other form of recording from which a visual image can be produced; "Minister" means the Minister of the Crown who, at the material time, is charged with the administration of this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister; "picture theatre" has the same meaning as in the Picture Theatres and Films Act 1946-1978; "possession" includes, in relation to any film- (a) having it in one's custody; (b) having it under one's control, whether or not another has custody of it; (c) having an ability to obtain custody of it at will; (d) having a right to the custody of it, being a film that the holder of the right has placed in the custody of another notwithstanding that it is temporarily not under the control of the holder of the right; "publish" means to distribute, exhibit, display or announce; "purchase" in relation to films, means to obtain in any manner which involves a distribution; "terrorism" has the same meaning as in the AustralianSecurity Intelligence Organization Act 1979.". 7. Repeal of ss. 14 to 36. Sections 14 to 36 (both inclusive) of the Principal Act are repealed. 8. New Division 1. The Principal Act is amended by inserting the following heading and sections after the heading "PART III-CENSORSHIP OF FILMS":- "Division 1-Approval of Films 14. Application for approval . (1) An application for approval of a film may be made to the Censor by any person. (2) An application for the approval of any film shall be in accordance with a form approved by the Censor and shall be lodged with the Censor together with the prescribed fee, a synopsis of the story depicted by the film and a copy of any advertisement relating to the film.

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1483 15. Screening of film . (1) The Censor may require a film that is the subject of an application for approval to be screened in accordance with this section. (2) Where the Censor requires a film to be screened he may require the person who applied for approval of the film to lodge a copy of the film with him and he may retain that copy for such period as he determines. (3) Where the Censor requires a film to be screened, the film shall be screened- (a) as and when required by the Censor; and (b) at the expense and risk of the person who applied for approval of the film. (4) At the screening of a film pursuant to this section only such persons as are approved by the Censor are entitled to be present.". 9. New ss. 16 and 17. The Principal Act is amended by inserting the following sections after section 15:- "16. Approval and classification of films by Censor . (1) The Censor may- (a) approve a film unconditionally; (b) approve a film subject to such conditions as he thinks fit; (c) refuse approval of a film. (2) Where the Censor approves a film under subsection (1) he shall classify that film- (a) as a "G" film, where he is of the opinion that the film is suitable for general exhibition; (b) as a "PG" film, where he is of the opinion that the film should only be viewed by a person under the age of 15 years with the guidance of a parent or guardian of that person; (c) as an "M" film, where he is of the opinion that the film cannot be recommended for viewing by persons under the age of 15 years; or (d) as an "R" film, where he is of the opinion that the film cannot be recommended for viewing by persons under the age of 18 years. (3) The Censor shall refuse to approve a film where he is satisfied that the film- (a) depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a manner that it offends against the standards of morality,

1484 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 decency and propriety generally accepted by reasonable adult persons; (b) depicts a child (whether engaged in sexual activity or otherwise) who is or who is apparently under the age of 16 years in a manner that is likely to cause offence to a reasonable adult person; (c) promotes, incites or encourages terrorism. 17. Criteria for approval and classification . (1) The Censor shall, in deciding whether or not he should approve a film, have regard to any literary, artistic or educational merit it may possess and to the general character of the film, including whether it is of a medical, legal or scientific character. (2) The Censor shall, in deciding the classification that should be given to a film approved by him, have regard to the persons or class of persons to or amongst whom it is intended or likely to be exhibited.". 10. New ss. 18 and 19 . The Principal Act is amended by inserting the following sections after section 17:- "18. Advertisements. (1) Subject to subsection (2), the Censor may approve any advertisement relating to a film that is the subject of an application for approval under this Division. (2) Where the Censor is of the opinion that an advertisement relating to a film that is the subject of an application for approval under this Division- (a) depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a manner that it offends against the standards of morality, decency and propriety generally accepted by reasonable adult persons; (b) depicts a child (whether engaged in sexual activity or otherwise) who is or who is apparently under the age of 16 years in a manner that is likely to cause offence to a reasonable adult person; or (c) promotes, incites or encourages terrorism, the Censor shall refuse to approve the advertisement. (3) The Censor may approve an advertisement under subsection (1) subject to such conditions (if any) in relation to the publication of the advertisement as he thinks fit. 19. Notice of decision . (1) Where the Censor makes a decision- (a) approving or refusing to approve a film; (b) classifying a film; or (c) approving or refusing to approve an advertisement relating to a film,

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1485 the Censor shall cause a notice of the decision- (d) to be given in writing to the person who applied for approval of the film; and (e) to be published- (i) where there is an arrangement in operation under Part IV-in the Commonwealth Gazette; or (ii) where there is no arrangement in operation under Part IV-in the Gazette. (2) A decision referred to in subsection (1) shall take effect on the date on which the notice of the decision is given to the applicant in accordance with that subsection.". 11. New ss. 20 and 21 . The Principal Act is amended by inserting the following sections after section 19:- " 20. Power to require security for fulfilment of conditions. The Censor may require the person who applied for approval of a film under this Division to furnish security for the fulfilment of any conditions imposed by the Censor in respect of the film and upon failure to comply with such conditions or any of them may enforce the security so furnished against the person or other person by whom it was furnished. 21. Revocation of approval . (1) Where the Censor has approved any film subject to conditions imposed by him, the Censor may at any time revoke that approval if he is satisfied that those conditions or any of them have not been complied with. (2) Where the Censor makes a decision to revoke his approval of a film he shall cause a notice of the decision- (a) to be given in writing to the person who applied for approval of the film; and (b) to be published- (i) where there is an arrangement in operation under Part IV-in the Commonwealth Gazette; or (ii) where there is no arrangement in operation under Part IV-in the Gazette. (3) A decision referred to in subsection (2) shall take effect on the date on which the notice of the decision is given to the applicant in accordance with that subsection and the film in respect of which the notice has been given shall be deemed to be an unapproved film unless and until the film is again approved under this Act.". 12. New ss. 22-24. The Principal Act is amended by inserting the following sections after section 21:- "22. Censor may retain film and advertisements when approval refused . (1) Any film or any advertisement relating to a film which has been refused approval may be retained by the Censor.

1486 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 (2) Where the censor decides to retain any film or advertisement under subsection (1) he shall- (a) where an application has not been made to the Appeal Censor for a review of the Censor's decision to refuse approval of the film or advertisement by a person referred to in section 23 (1) (a) or (b) within the time limited for the making of such an application-as soon as practicable after the expiry of that time; or (b) where an application referred to in paragraph (a) has been made and the decision of the Censor is confirmed by the Appeal Censor-as soon as practicable after that confirmation, cause notice of that decision to be given in writing to the person who applied for approval of the film. (3) The Censor may- (a) destroy a film or advertisement retained by him under subsection (1) after the expiry of 30 days from the date on which the notice of the decision is given to the applicant in accordance with subsection (2); or (b) where he is satisfied that the applicant will dispose of the film or advertisement in the manner directed by the Censor, return the film or advertisement to the applicant. 23. Review - application . (1) Where the Censor has made a decision approving or refusing to approve a film, classifying a film or approving or refusing to approve an advertisement in relation to a film- (a) the person who applied for the approval; (b) an exhibitor or distributor of the film; or (c) the Minister, may apply to the Appeal Censor for a review of the decision. (2) An application under subsection (1) shall be in writing signed by or on behalf of the applicant and shall be lodged with the Appeal Censor- (a) where the applicant is a person referred to in subsection (1) (a)-within 30 days after the date on which he received written notification of the decision to which the application relates; (b) where the applicant is a person referred to in subsection (1) (b)-within 30 days after the date of publication of the notice of the decision in- (i) where there is an arrangement in operation under Part IV-the Commonwealth Gazette; or

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1487 (ii) where there is no arrangement in operation under Part IV-the Gazette; (c) where the applicant is the Minister-at any time after the date of publication of the notice of the decision in- (i) where there is an arrangement in operation under Part IV-the Commonwealth Gazette; or (ii) where there is no arrangement in operation under Part IV-the Gazette. 24. Notice of application . Where- (a) the Censor has made a decision approving or refusing to approve a film, classifying a film or approving or refusing to approve an advertisement in relation to a film on an application made by any person; and (b) a person other than that person applies to the Appeal Censor for a review of that decision, the Appeal Censor shall cause a notice in writing of the application for review to be given to the Censor.". 13. New ss. 25 -27. The Principal Act is amended by inserting the following sections after section 24:- "25. Review of classification . (1) Where an application for review of a decision of the Censor is made to the Appeal Censor, the Appeal Censor shall review that decision and may make a decision- (a) confirming the decision of the Censor; or (b) setting aside that decision and approving or refusing to approve the film, classifying the film or approving or refusing to approve the advertisement to which that decision relates, as the Appeal Censor thinks fit. (2) Where the Appeal Censor makes a decision under this section, he shall, within 14 days after the date on which the decision is made- (a) notify the applicant in writing of the decision; and (b) cause a notice setting out the terms of the decision to be published in- (i) where there is an arrangement in operation under Part IV-the Commonwealth Gazette; or (ii) where there is no arrangement in operation under Part IV-the Gazette. (3) The Appeal Censor shall keep a record of all decisions made by him under this section. (4) A decision made by the Appeal Censor under this section shall take effect on the day on which a notice of the decision is published in the Commonwealth Gazette or, as the case may be, the Gazette in accordance with subsection (2).

1488 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 26. Application of Division. Nothing in this Division applies to or in relation to an application for approval of a film where- (a) a previous application for approval of the same film has been made but not determined; or (b) a decision approving or refusing to approve the film or a decision classifying the film is the subject of an application for review by the Appeal Censor and he has not determined that application. 27. Reconstruction of a film. (1) Where the Censor has made a decision refusing to approve a film or, where on a review of that decision by the Appeal Censor, the Appeal Censor has confirmed the Censor's decision, the person who applied for approval of the film may, within 14 days of either decision or within such further time as the Censor in special circumstances allows, apply to the Censor for permission to reconstruct the film and to submit it to the Censor for review. (2) An application for permission to reconstruct a film shall be accompanied by a plan setting out in detail the grounds upon which it is claimed reconstruction should be permitted and enumerating any proposed alterations, deletions or additions and shall be accompanied by the prescribed fee. (3) The Censor may approve or refuse approval of a plan for the reconstruction of a film or so alter or amend the plan as he thinks fit. (4) The Censor may, on application by the person seeking permission to reconstruct the film, approve the film if reconstructed in accordance with the plan as approved or as altered or amended by him.". 14. New Division 2. The Principal Act is amended by inserting the following heading and sections after section 27:- "Division 2-Distribution and Exhibition of Films 28. "" film not to be distributed to a person under the age of 18 years . (1) Unless he is a parent or guardian of the person, a person shall not distribute or deliver a film that is classified as an "R" film to a person who has not attained the age of 18 years. Penalty:- (a) in the case of a body corporate-$1 000; and (b) in the case of an individual-$ 500. (2) A person shall not be convicted of an offence against subsection (1) if it is shown- (a) that he took all such steps as are reasonable in the circumstances to avoid being guilty of the offence; or

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1489 (b) that, at the time of the commission of the offence, he or his servant or agent had reasonable grounds for believing and did believe that the person in respect of whom the offence was committed had attained the age of 18 years. (3) A person who has attained the age of 14 years and has not attained the age of 18 years shall not purchase a film that is classified as an "R" film. Penalty: $100. 29. Exhibition of "R" films . ( 1) A person shall not exhibit in a picture theatre a film that is classified as an "R" film when there is present any person who has attained the age of 2 years and who has not attained the age of 18 years. Penalty:- (a) in the case of a body corporate-$1 000; and ( b) in the case of an individual-$500. (2) A person who contravenes subsection ( 1) shall be taken to have committed a separate offence in respect of each person who has attained the age of 2 years and who has not attained the age of 18 years , who is present at the exhibition. (3) A person who has attained the age of 14 years and has not attained the age of 18 years shall not be present in a picture theatre at the exhibition of a film that is classified as an "R" film. Penalty: $100. (4) Subject to subsection (6), a person who has attained the age of 18 years shall not cause or permit a person who has attained the age of 2 years and who has not attained the age of 18 years to be present in a picture theatre at the exhibition of a film that is classified as an "R" film. Penalty: $100. (5) A person shall not be convicted of an offence against subsection (1) if it is shown- (a) that he took all such steps as are reasonable in the circumstances to avoid being guilty of the offence; or (b) that, at the time of the commission of the offence, he or his servant or agent had reasonable grounds for believing and did believe that the person in respect of whom the offence was committed had attained the age of 18 years or had not attained the age of 2 years. (6) Subsection (4) of this section does not apply to the person exhibiting the film referred to in that subsection or to the servant or agent of that person. (7) A person shall not be convicted of an offence against subsection (4) if it is shown that, at the time of the commission

1490 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 of the offence, he had reasonable grounds for believing and did believe that the person in respect of whom the offence was committed had attained the age of 18 years or had not attained the age of 2 years.". 15. New ss . 30 and 31. The Principal Act is amended by inserting the following sections after section 29:- "30. Certain films not to be exhibited in a picture theatre or distributed . (1) Subject to this Act, a person who exhibits in a picture theatre or distributes a film that- (a) has not been approved; or (b) has been refused approval, is guilty of an offence punishable, on conviction- (c) in the case of an unapproved film that is subsequently approved and classified as a "G" film-by a fine of $500 for a body corporate or $100 for an individual; (d) in the case of an unapproved film that is subsequently approved and classified as a "PG" film-by a fine of $1 000 for a body corporate or $200 for an individual; (e) in the case of an unapproved film that is subsequently approved and classified as an "M" film-by a fine of $2 000 for a body corporate or $400 for an individual; (f) in the case of an unapproved film that is subsequently approved and classified as an "R" film-by a fine of $3 000 for a body corporate or $600 for an individual; (g) in the case of a film that has been refused approval pursuant to paragraph (a) or (c) of section 16 (3) or that was, at the time of the offence, unapproved and that is subsequently refused approval pursuant to that paragraph (a) or (c)-by a fine of $10 000 for a body corporate or by a fine of $5 000 or by imprisonment for a period of 6 months, or both, for an individual; and (h) in the case of a film that has been refused approval pursuant to paragraph (b) of section 16 (3) or that was, at the time of the offence, unapproved.and that is subsequently refused approval pursuant to that paragraph-by a fine of $20 000 for a body corporate or by a fine of $10 000 or by imprisonment for a period of 12 months, or both, for an individual. (2) Proceedings for an offence against subsection (1) (a) shall not be instituted until the film has been approved or refused approval. (3) A person shall not exhibit in a picture theatre or distribute a film or any part thereof that is classified as a "G" film, a "PG"

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1491 film, an "M" film or an "R" film unless the container, wrapping and casing in which the film is contained bear the prescribed markings. Penalty:- (a) in the case of a body corporate-$5 000; (b) in the case of an individual-$2 000. 31. Notices. The occupier of premises in or from which films are distributed shall display at each entrance to those premises a notice, clearly visible to persons resorting to the premises, which contains the prescribed particulars and satisfies the prescribed requirements. 16. New ss. 32 and 33 . The Principal Act is amended by inserting the following sections after section 31:- "32. Approved films not to be exhibited in a picture theatre or distributed otherwise than in the form approved . A person shall not exhibit in a picture theatre or distribute an approved film otherwise than in the form and under the title approved. Penalty:- (a) in the case of a body corporate-$5 000; and (b) in the case of an individual-$2 000. 33. Trailer films . A person shall not distribute- (a) a film classified as a "G" film that contains a trailer of another film classified as a "PG" film, an "M" film or an "R" film; (b) a film classified as a "PG" film that contains a trailer of another film classified as an "M" film or an "R" film; (c) a film classified as an "M" film that contains a trailer of another film classified as an "R" film; (d) a film that contains a trailer of an unapproved film.". 17. New ss. 34 and 35. The Principal Act is amended by inserting the following sections after section 33:- "34. Details concerning classification to be projected . (1) Every exhibitor shall exhibit on the screen in the picture theatre at every exhibition of films, prior to the commencement of and during every interval in each programme, a slide approved by the Censor in such form as indicates clearly to the audience the interpretation of symbols used in advertising the Censor's classification of films. (2) A person who exhibits in a picture theatre a film approved under this Act shall, immediately before the exhibition of that film, cause to be projected on the screen on which the picture is to be exhibited a statement or symbol in the prescribed form denoting the film's classification under this Act.

1492 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 (3) The interpretation of symbols referred to in subsection (1) and the statement or symbol referred to in subsection (2) shall be projected in such a manner as to be clearly visible throughout the picture theatre and, if the details are projected by means of a slide, the period of projection shall be not less than 4 seconds. 35. Advertisements. (1) Every advertisement relating to a film approved under this Act shall contain a statement or symbol in the prescribed form denoting the classification of that film. (2) A person shall not use in relation to a film an advertisement not in accordance with the provisions of subsection M. Penalty:- (a) in the case of a body corporate-$5 000; and (b) in the case of an individual-$2 000. (3) A person shall not publish an advertisement of or in relation to a film or any part thereof- (a) that has not been approved; or (b) where the film has been approved-unless the advertisement has been approved. Penalty:- (a) in the case of a body corporate-$5 000; and (b) in the case of an individual-$2 000. (4) A person shall not publish any advertisement of or in relation to a film or any part thereof if the advertisement indicates- (a) in the case of a film that is not classified-that the film is classified; or (b) in the case of a film that is classified-that the film is not classified or has been given a classification different to the classification actually given. Penalty:- (a) in the case of a body corporate-$5 000; and (b) in the case of an individual-$2 000. (5) A person shall not publish any advertisement approved under this Act in relation to a film except in accordance with the conditions (if any) to which the approval is subject. Penalty:- (a) in the case of a body corporate-$5 000; and

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1493 ( b) in the case of an individual -$ 2 000.". 18. New Division 3 . The Principal Act is amended by inserting the following heading and section after section 35:- "Division 3-Exemptions 36. Exemptions . ( 1) Divisions 1 and 2 do not apply- (a) to a film portraying solely pictures of a topical event which has happened in Australia , during the period of 3 days after the happening of that event; (b) to a film, other than a trailer film, used solely for advertising purposes; (c) to a film portraying solely pictures of a cultural or sporting event or other event of a like nature; (d) to a film used bona fide- (i) for an educational or cultural purpose or for the purpose of a charity; (ii) for the purpose of training persons in relation to a sport, occupation or calling; (iii) for the purpose of training persons in the use of any machinery or other equipment used in connexion with an occupation or calling; or (iv) for any other similar purpose; or (e) to an advertisement that relates to a film referred to in paragraph (a), (b), (c) or (d), unless the Censor has directed that such film be submitted to him for approval. (2) The Censor is authorized to give a direction referred to in subsection (1) if he has reason to believe that the film or any part thereof is not suitable for general exhibition. (3) The Minister may, by notice in writing published in the Gazette, exempt a person or body specified in the notice from such of the provisions of this Part and subject to such conditions (if any) as are specified in the notice. (4) Notwithstanding anything in this Part, it is not an offence for a person to do any act or thing that falls within the scope of an exemption under subsection (3) and that is done in accordance with the conditions (if any) to which that exemption is subject.". 19. Amendment of s. 37. Power to arrange with Commonwealth. Section 37 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) Where an agreement such as is referred to in subsections (1) and (2 ) is made then for so long as it remains in force- (a) the officers and authorities of the Commonwealth from time to time charged with the function of

1494 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 censorship of films on behalf of the Commonwealth shall, within their respective jurisdictions under the law of the Commonwealth , be deemed to be the Censor under and for the purposes of this Act and to be authorized and empowered to exercise and discharge the authorities, powers , functions, duties and responsibilities conferred or imposed upon the Censor by this Act; and (b) the officers and authorities of the Commonwealth from time to time charged with the function of review of censorship of films on behalf of the Commonwealth shall, within their respective jurisdictions under the law of the Commonwealth, be deemed to be the Appeal Censor under and for the purposes of this Act and to be authorized and empowered to exercise and discharge the authorities, powers, functions, duties and responsibilities conferred or imposed upon the Appeal Censor by this Act.". 20. New Part V. The Principal Act is amended by inserting the following heading and sections after section 37:- "PART V-MISCELLANEOUS 38. Police to assist . Every member of the Police Force of Queensland shall assist in the enforcement of this Act and shall make such enquiries as the Minister or the Censor may require and where any offence against this Act comes to the notice of any such member he shall forthwith report the matter in writing to the Minister who shall take such action consistent with this Act as he thinks fit. 39. Power to require name , etc. (1) If a member of the Police Force of Queensland has reasonable cause to suspect that any person- (a) to whom has been distributed a film classified as an "R" film; (b) admitted to a picture theatre in which a film that is classified as an "R" film is being exhibited or about to be exhibited or has just been exhibited, has not attained the age of 18 years, he may require that person to state his correct age, name and address and, if he has reasonable grounds to believe that the age, name or address given by the person is false, may require that person to produce, within a reasonable time, evidence of the correctness of the age, name or address given. (2) A member of the Police Force of Queensland who finds a person committing or suspects on reasonable grounds a person of having committed an offence against this Act may require that perrson to state his correct name and address and, where it is relevant, his correct age.

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1495 (3) Where an offence by a person against this Act consists in a refusal or failure to comply with a requisition directed to him under subsection (2) the alleged offender may, subject to subsection (4), be arrested without. warrant upon a charge of that offence and be taken before a juice to be dealt with according to law. (4) A person shall not be arrested under subsection (3) unless the person has first been warned that a refusal or failure to comply with the requisition will render him liable to arrest and the person continues to refuse or fail to comply with the requisition. 40. Search and seizure. (1) A member of the Police Force of Queensland shall not in the exercise of his powers under subsection (2) enter upon or into any part of premises which part is being used exclusively as a dwelling-house at the time the entry is to be made except- (a) in pursuance of a warrant issued under this section; or (b) where he has the permission of the occupier of that part to his entry. (2) Subject to subsection (1), a member of the Police Force of Queensland may enter upon land or upon or into premises or a vessel or vehicle and may search for any film or advertisement connected with an offence against this Act and may seize and detain any film or advertisement that he believes on reasonable grounds to be connected with an offence against this Act and any container, wrapping or cassette in which the film is contained found on the land or on or in the premises, vessel or vehicle. (3) A Stipendiary Magistrate who is satisfied upon the complaint of a member of the Police Force of Queensland that there is reasonable cause to suspect that there is in or on any premises any film or advertisement connected with an offence against this Act, may issue his warrant directed to the member of the Police Force to enter the premises during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, for the purpose of searching the premises. (4) A warrant shall be, for the period of one month from the date of its issue, sufficient authority for the member of the Police Force and all persons acting in aid of him- (a) to enter the premises specified in the warrant at the time specified therein and search for any film or advertisement connected with an offence against this Act; and (b) to seize and detain any film or advertisement that he believes on reasonable grounds to be connected with an offence against this Act and any container, wrapping or cassette in which the film is contained found on or in the premises.

1498 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly:- (a) the managing director, manager or other governing officer, by whatever name called and every member of the governing body thereof, by whatever name called; and (b) every person who in the State manages or acts or takes part in the management, administration or government of the business in the State of the body corporate. (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.". 23. New ss. 46-48. The Principal Act is amended by inserting the following sections after section 45:- "46. Forfeiture. (1) Where a person is convicted of an offence against this Act which relates to the exhibition or distribution of a film that- (a) at the time the offence was committed, was not approved; (b) has been refused approval, the court before which the person is convicted may, in addition to imposing a penalty, order that the film be forfeited to the Crown. (2) A film that is forfeited pursuant to this section shall be dealt with in such manner as the Minister directs. 47. Savings. (1) Every film which at the commencement of Part II of the Films (Censorship and Review) Acts Amendment Act 1984- (a) is approved and classified as being for general exhibition, not recommended for children, for mature audiences or for restricted exhibition pursuant to section 17 of the Censorship of Films Act1947-1973; or (b) is classified as a "G" film, a "PG" film, an "M" film or an "R" film pursuant to the A.C.T. Ordinance, shall, subject to subsection (3), on and from that commencement be deemed to have been approved and classified respectively as a "G" film, a "PG" film, an "M" film or an "R" film pursuant to section 16 of this Act. (2) Where a film has, at the commencement of Part II of the Films (Censorship and Review) Acts Amendment Act 1984, been classified pursuant to the A.C.T. Ordinance otherwise than as referred to in paragraph (b) of subsection (1) or been refused classification pursuant to the A.C.T. Ordinance the film shall, subject to subsection (3), be deemed to have been refused approval under section 16 of this Act.

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1499 (3) Where at the commencement of Part II of the Films (Censorship and Review) Acts Amendment Act 1984- (a) a film has been approved and classified as referred to in paragraph (a) of subsection (1); or (b) a film has been classified or refused classification pursuant to the A.C.T. Ordinance, and upon an appeal , in the case referred to in paragraph (a), or upon an application to review, in the case referred to in paragraph (b), whether the appeal or application was made before or after that commencement- the film is given a classification different from that previously given to it; the film is given a classification; or the film is refused classification, subsection (1). or (2) (whichever is appropriate) shall apply according to its tenor as if the film had been given that different classification or, as the case may be, that classification or had been refused classification at the commencement of Part II of the Films (Censorship and Review) Acts Amendment Act 1984. 48. Classified film deemed not to be indecent or obscene publication . For the purposes of the Vagrants, Gaming and OtherOffences Act1931-1978 and notwithstanding anything contained in that Act a film that is classified under this Act shall be deemed not to be an indecent or obscene publication.". 24. New ss. 49-52. The Principal Act is amended by inserting the following sections after section 48:- "49. Service of notices . A notice that is required by this Act to be given to any person may be given- (a) by delivering it to him personally; (b) by sending it to him by post addressed to him at his last known place of residence or business; (c) by leaving it at his last known place of residence or business with a person apparently over the age of 16 years and apparently resident or employed at that place; (d) in the case of a body corporate, by delivering it at or sending it by post addressed to the principal or any other place of business of the body corporate. 50. Evidentiary provisions . (1) A certificate purporting to be one by the Censor- (a) that any film has been- (i) approved unconditionally; (ii) approved subject to the conditions specified in the certificate; (iii) refused approval pursuant to paragraph (a), (b) or (c) of section 16 (3); or

1500 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 (iv) in the case of a film approved under this Act- classified as a "G" film, a "PG" film, an "M" film or an "R" film; (b) that any advertisement has been:- (i) approved unconditionally; (ii) approved subject to the conditions specified in the certificate; or (iii) refused approval; (c) that any film or any advertisement has not been approved; or (d) that the approval of any film has been revoked, shall be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (2) A certificate purporting to be one by the Chairman of the Censorship Board that any film- (a) has been classified as a "G" film, a "PG" film, an "M" film or an "R" film pursuant to the A.C.T. Ordinance on a date specified in the certificate; (b) has been classified pursuant to the A.C.T. Ordinance otherwise than as referred to in paragraph (a); (c) has been refused classification pursuant to section 25 (3) of the A.C.T. Ordinance or paragraph (a) or (b) of section 25 (4) of that Ordinance, shall be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (3) In any proceedings for an offence against this Act, without affecting the liability of any other person- (a) a person shall be deemed to exhibit a film if he conducts the exhibition of the same or, on the occasion in question, has the superintendence or management of the picture theatre in or at which the film is exhibited; (b) a person shall be deemed to distribute a film if, on the occasion in question, he has the superintendence or management of the place in or from which the film is distributed. (4) In any proceedings for an offence against this Act it shall not be necessary to prove the authority of the complainant to institute the proceedings. 51. Indemnity. Liability at law shall not attach to the Crown or any person on account of any act or thing done or omitted to be done pursuant to this Act or done or omitted to be done bona fide for the purposes of this Act and done or omitted to be done without negligence.

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1501 52. Regulations. (1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that, in the opinion of the Governor in Council, are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act. (2) Without limiting the generality of subsection (1), the Governor in Council may make regulations- (a) appointing or providing for the appointment of a Registrar of Exhibitors and Distributors; (b) providing for the registration of exhibitors and distributors or a class or classes of exhibitors or distributors; (c) prescribing forms for use under this Act; (d) prescribing fees for the purposes of this Act and regulating and controlling the payment and collection of the same; (e) imposing, for a breach of a regulation, a penalty up to a maximum of- (i) in the case of a body corporate-$2 000; and (ii) in the case of an individual-$I 000.". PART III-AMENDMENT OF FILMS REVIEW ACT 25. Principal Act and citation as amended. (1) In this Part the Films Review Act1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Films Review Act1974-1984. 26. Amendment of long title. The long title of the Principal Act is amended by inserting after the words "objectionable films" the words to prohibit the exhibition in the State of certain films". 27. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) inserting after the definition "Board" the following definition:- "Censor" has the same meaning as in the Censorship of FilmsAct1947-1984;"; (b) omitting the definitions "distributor", "exhibitor", "film" and "Minister" and substituting the following definitions:- "distribute" in relation to films, means to sell, whether by wholesale or retail, and includes- (a) offer or expose for sale; (b) have in possession for sale; (c) barter or exchange: (d) let on hire or offer to let on hire; and

1502 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 (e) send, forward or deliver for or on sale; "distributor" in relation to films, means every person who distributes a film; "exhibit" in relation to films, means to exhibit a film in a picture theatre or any other place (other than a dwelling-house where the exhibition of the film therein is a mere incident to the use of that place as a dwelling-house); "exhibitor" in relation to films, means every person who exhibits or proposes to exhibit a film; "film" includes a cinematograph film, a slide, video tape, video disc and any other form of recording from which a visual image can be produced; "Minister" means the Minister of the Crown who, at the material time, is charged with the administration of this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister;"; (c) omitting the definition "picture theatre" and substituting the following definition:- " "picture theatre" has the same meaning as in the Picture Theatres and Films Act 1946-1978;"; (d) in the definition "secretary" omitting the words "of the secretary; " and substituting the words "of the secretary."; (e) omitting the definition "sell". 28. Amendment of s. 5. Films Board of Review. Section 5 of the Principal Act is amended by- (a) in subsection (2), omitting the words "five members" and substituting the expression "not less than 7 and not more than 9 members"; (b) inserting the following subsections after subsection (2)- "(2A) Upon the commencement of Part III of the Films (Censorship and Review) Acts Amendment Act 1984 pursuant to the Proclamation referred to in section 2 (2) of that Act, the persons constituting the Board pursuant to an appointment that took effect prior to that commencement shall go out of office and the appointment shall terminate. (2B) A person who has attained the age of 70 years shall not be appointed as a member of the Board."; (c) omitting subsection (4) and substituting the following subsection:- "(4) The office of a member of the Board shall become vacant- (a) upon his attaining the age of 70 years; or

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1503 (b) if he is absent , without prior leave granted by the Board , from 3 consecutive meetings of the Board of which due notice has been given to him."; (d) omitting subsection (9). 29. Amendment of s. 9 . Power of Board to prohibit distribution of objectionable films. Section 9 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) For the purposes of this Act, the Board may, by its order, require the distributor or exhibitor of any film to produce a copy of the film at a time and place specified in the order and to provide at that time and place, at his expense , a private exhibition of the film to enable the Board to examine and review the film."; (b) in paragraph (d) of subsection (4), omitting the words "date on which it is published in the Gazette" and substituting the words "time and date specified in the order". 30. Amendment of s. 10. Matters for Board's consideration in determining whether a film is objectionable . Section 10 of the Principal Act is amended by- (a) in paragraph (b), inserting after the words "to be" the words "distributed or"; (b) in paragraph (d), omitting the word "exhibited" (where it twice occurs) and substituting in each case the words "distributed or exhibited"; (c) inserting after the words "opinion that the" the words "distribution or". 31. New s. 12A. The Principal Act is amended by inserting the following section after section 12:- "12A. Power to require name and address. (1) A member of the Police Force of Queensland who finds a person committing or suspects on reasonable grounds a person of having committed an offence against this Act may require that person to state his correct name and address. (2) A person who refuses or fails to comply with a requisition directed to him under subsection (1) commits an offence. Penalty: $1000. (3) Where an offence by a person against this Act consists in a refusal or failure to comply with a requisition directed to him under subsection (1) the alleged offender may, subject to subsection (4), be arrested without warrant upon a charge of that offence and be taken before a justice to be dealt with according to law.

1504 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 (4) A person shall not be arrested under subsection (3) unless the person has first been warned that a refusal or failure to comply with the requisition will render him liable to arrest and the person continues to refuse or fail to comply with the requisition.". 32. Repeal of and new s. 13. Seizure of objectionable films. The Principal Act is amended by repealing section 13 and substituting the following section:- "13. Search and seizure . (1) A member of the Police Force of Queensland shall not in the exercise of his powers under subsection (2) enter upon or into any part of premises which part is being used exclusively as a dwelling-house at the time the entry is to be made except- (a) in pursuance of a warrant issued under this section; or (b) where he has the permission of the occupier of that part to his entry. (2) Subject to subsection (1), a member of the Police Force of Queensland may enter upon any land or upon or into premises or a vessel or vehicle and may search for any film connected with an offence against this Act and may seize and detain any film that he believes on reasonable grounds to be connected with an offence against this Act and any container, wrapping or cassette in which the film is contained found on the land or on or in the premises, vessel or vehicle. (3) A Stipendiary Magistrate who is satisfied upon the complaint of a member of the Police Force of Queensland that there is reasonable cause to suspect that there is in or on any premises any film connected with an offence against this Act, may issue his warrant directed to the member of the Police Force to enter the premises during such hours of the day or night as the warrant specifies or, if the warrant so specifies , at any time, for the purpose of searching the premises. (4) A warrant shall be, for the period of one month from the date of its issue, sufficient authority for the member of the Police Force and all persons acting in aid of him- (a) to enter the premises specified in the warrant at the time specified therein and search for any film connected with an offence against this Act; and (b) to seize and detain any film that he believes on reasonable grounds to be connected with an offence against this Act and any container, wrapping or cassette in which the film is contained found on or in the premises. (5) In this section premises that are used exclusively as a dwelling-house do not include the curtilage of those premises.

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1505 (6) A person who hinders a member of the Police Force of Queensland in the exercise of his powers under this section commits an offence. Penalty: $1 000. (7) Where a member of the Police Force of Queensland seizes any film under this section he shall as soon as practicable deliver that film to the secretary to the Board.". 33. New s. 13A. The Principal Act is amended by inserting the following section after section 13:- "13A. Sanction of Board required in certain cases. (1) Notwithstanding the provisions of the Vagrants, Gaming, and Other Offences Act 1931-1978 proceedings for an offence against that Act shall not be instituted in relation to any film alleged to be an obscene publication within the meaning of that Act unless and until the sanction of the Board so to do has first been obtained. (2) The sanction of the Board shall be evidenced by a certificate under the hand of the chairman or the secretary. (3) A document purporting to be a certificate referred to in subsection (2) shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters to which it relates.". 34. Amendment of s. 14. Offences. Section 14 of the Principal Act is amended by- (a) omitting subsection (2) and substituting' the following subsections:- "(2) A person shall not fail to comply with an order of the Board made pursuant to section 9 (1). (2A) A person who contravenes or fails to comply with a provision of this Act is guilty of an offence against this Act and is liable, if no other penalty is provided for, to a penalty of- (a) in the case of a body corporate-$10 000; and (b) in the case of an individual-$5 000."; (b) in paragraph (b) of subsection (3), omitting all words from and including the words "the chairman" and substituting the words "the Minister or any person authorized in writing by the Minister in that behalf ". 35. New ss. 14A, 14B and 14c. The Principal Act is amended by inserting the following sections after section 14:- "14A. Person not to exhibit film that has been or is subsequently refused approval under the Censorship of FilmsAct. (1) A person who exhibits a film that- (a) has been refused approval under the Censorship ofFilms Act1947-1984; (b) has not been approved under the Censorship of FilmsAct1947-1984 and is such a film that had it been

1506 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 submitted for approval under that Act would have been refused approval, is guilty of an offence punishable, on conviction- (c) in the case of a film that has been refused approval pursuant to paragraph (a) or (c) of section 16 (3) of the Censorship of Films Act1947-1984 or that was, at the time of the offence, not approved under that Act and that is subsequently refused approval pursuant to that paragraph (a) or (c)-by a fine of $10 000 for a body corporate or by a fine of $5 000 or by imprisonment for a period of 6 months, or both, for an individual; (d) in the case of a film that has been refused approval pursuant to paragraph (b) of section 16 (3) of the Censorship of Films Act1947-1984 or that was, at the time of the offence, not approved under that Act and that is subsequently refused approval pursuant to that paragraph-by a fine of $20 000 for a body corporate or by a fine of $10 000 or by imprisonment for a period of 12 months, or both, for an individual. (2) A person shall not be charged with an offence defined in subsection (1) in respect of a film referred to in paragraph (b) thereof unless the procedure prescribed by section 14B (1), (2) and (3) has first been followed. 14B. Seizure and submission of films for approval. A member of the Police Force of Queensland who finds a person in possession of a film that has not been approved under the Censorship ofFilms Act1947-1984 and who believes on reasonable grounds that had the film been submitted for approval pursuant to that Act it would have been refused approval may, without further authority than this subsection, seize the film. (2) A film seized under subsection (1) shall be delivered to the secretary to the Board and shall, as soon as practicable, be submitted to the Censor for the purpose of having it approved under the Censorship of Films Act1947-1984. (3) If a film submitted to the Censor pursuant to subsection (2) is refused approval the person who exhibited it may be charged and dealt with according to law by way of proceedings for an offence defined in section 14A (1) in respect of a film referred to in paragraph (b) thereof. (4) A film submitted to the Censor and refused approval under the Censorship of Films Act1947-1984 shall be retained by the secretary to the Board with a view to its use as evidence in proceedings referred to in subsection (3) and, when it is no longer required in connection with those proceedings or any appeal arising therefrom, shall be confiscated and destroyed. (5) A film submitted to the Censor pursuant to subsection (2) that is approved under the Censorship of Films Act1947-1984

Films (Censorship and Review) Acts Amendment Act 1984, No. 116 1507 shall be returned as soon as practicable to the person from whose possession it was seized. 14c. Defence . It is a defence to a prosecution under this Act for an offence connected with the exhibition of a film if the film was in the possession of- (a) a legally qualified medical practitioner specializing in psychiatry; or (b) a psychologist duly registered under the PsychologistsAct1977, and was being used at the material time for the bona fide treatment of patients.". 36. Amendment of s. 19. Evidentiary provisions . Section 19 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (c), inserting after the words "copy of " the words "an order or"; (ii) in paragraph (c), omitting the word "relates." and substitututing the word "relates;"; (iii) inserting the following paragraph after paragraph (c):- "(d) a certificate purporting to be under the hand of the Censor that a film has been refused approval under the Censorship of Films Act1947-1984 pursuant to paragraph (a), (b) or (c) of section 16 (3) of that Act is evidence and, in the absence of evidence to the contrary, conclusive evidence of the facts stated in that certificate."; (b) inserting the following subsections after subsection (3):- "(4) For the purposes of this Act, any container, wrapping or cassette in which a film is contained, so marked as to indicate that it contains a film with a title specified in the marking, shall be deemed to contain a film of that title until the contrary is proved. (5) In any proceedings for an offence against this Act, without affecting the liability of any other person- (a) a person shall be deemed to exhibit a film if he conducts the exhibition of the same or, on the occasion in question, has the superintendence or management of the place in or at which the film is exhibited; (b) a person shall be deemed to distribute a film if, on the occasion in question, he has the superintendence or management of the place in or from which the film is distributed.

1508 Films (Censorship and Review) Acts Amendment Act 1984, No. 116 (6) In any proceedings for an offence against this Act it shall not be necessary to prove the authority of the complainant to institute the proceedings.". By Authority: S. R. HAMPSON, Government Printer, Queensland.