Australian Capital Territory Repealed Acts

This legislation has been repealed.

PUBLICATIONS CONTROL ACT 1989

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Publications Control Act 1989.1  
   2.      This Act commences on such date as is fixed by the Minister by notice in the Gazette.1  
   3.      In this Act, unless the contrary intention appears—“adult” means a person of or above the age of 18 years; “advertising matter”, in relation to a film or computer game—  
   3A.     3A. (1) In this Act, subject to subsection (2)—“computer game” means—  
   4.      (1) Nothing in this Act applies to, or in relation to, a film that—  

   PART II--OFFENCES

   5.      A person shall not advertise, sell, let on hire or distribute an objectionable publication.  
   6.      A person shall not possess an objectionable publication for the purpose of publishing it.  
   7.      The occupier of any premises shall not keep or permit to be kept at those premises an objectionable publication for the purpose of publishing it.  
   8.      A person shall not exhibit or display an objectionable publication in a public place, or in such a manner that it is visible to persons in or on a public place.  
   9.      A person shall not deposit, or cause to be deposited, an objectionable publication in or on a public place.  
   10.     A person shall not deposit, or cause to be deposited, an objectionable publication in or on private premises without the occupier's permission.  
   11.     A person shall not print or otherwise make or produce an objectionable child publication for the purpose of publishing it.  
   12A.    12A. (1) A person shall not sell, let on hire, distribute or demonstrate a computer game that has not been classified or that has been refused classification.  
   12B.    12B. (1) The Minister may, by notice in the Gazette, determine a computer game or a class of computer games to be exempt from the requirements of section 12A.  
   13.     A person shall not advertise an unclassified video tape, video disc or computer game.  
   14.     A person shall not sell, let on hire or distribute an unclassified publication if the publication, or the container or wrapping in which the publication is sold, let on hire or distributed, bears prescribed markings, determined markings, or any other mark or matter that indicates that the publication is classified.  
   17.     A person shall not be convicted of an offence against this Division in relation to an objectionable publication, other than a video tape, video disc or computer game, if the person establishes that—  
   17E.    17E. The Censorship Board shall not, without the consent of the Attorney-General of the Commonwealth, approve more than 30 applications for certificates of exemption, in any calendar year.  
   17F.    17F. The grant of a certificate of exemption under this Division is subject to such conditions as are determined from time to time by the Attorney-General of the Commonwealth, for the purposes of this section, and published in the Gazette.  
   17G.    17G. The Censorship Board may revoke a certificate of exemption granted under this Division if at any time the use of advertising matter fails to comply with a condition determined under section 17F.  
   18.     A person shall not publish—  
   18A.    18A. A person shall not publish an “MA (15+)” computer game otherwise than in accordance with the conditions set out in section 19AA.  
   19AA.   19AA. The following conditions apply in relation to an “MA (15+)” computer game:  
   20.     A person shall not deposit, or cause to be deposited—  
   21.     A person shall not deposit, or cause to be deposited—  
   22.     A classified video tape or video disc shall not be sold, let on hire, exhibited or displayed for sale or hire in a public place or exhibited or displayed in a public place if, after classification, it has been edited to include a trailer advertising another film, unless—  
   22A.    22A. A classified computer game shall not be sold, let on hire, demonstrated for sale or hire in a public place or demonstrated in a public place if, after classification, it has been modified to include a trailer advertising another computer game, unless—  
   23.     A person shall not publish advertising matter in relation to a classified video tape, video disc or computer game that indicates that the tape, disc or game is not classified or is differently classified.  
   24.     (1) A person shall not exhibit, or display, in a public place a video tape or a video disc that is a “G”, “PG” or “M” film in a container, wrapping or casing that does not bear the determined markings.  
   25.     A person shall not sell, let on hire or distribute a film, other than a video tape or video disc, that is a “G”, “PG” or “M” film if the film, or the container or wrapping in which the film is sold, let on hire or distributed, bears any mark or matter indicating that the film is not so classified, or that the film is differently classified.  
   30.     Where a body corporate is convicted of an offence, the penalty that the Court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the Court could impose as a pecuniary penalty for that offence.  

   PART III--ENFORCEMENT INTERPRETATION

   32.     A police officer may enter any place, and may search for and seize any thing that he or she believes on reasonable grounds to be connected with an offence that is found on or in the place if, and only if, the search and seizure is made by the police officer—  

   PART V--MISCELLANEOUS EXEMPTIONS

   39.     The Executive may make regulations, not inconsistent with this Act, prescribing—  
           ENDNOTES