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1
Classification of Films Amendment Bill 1993
CLASSIFICATION OF FILMS
AMENDMENT BILL 1993
EXPLANATORY NOTES
OBJECTIVE
The Classification of Films Amendment Bill 1993 has the following
objectives:
1. To address recent community concerns expressed about the
breadth of the "M" classification for films and videos by providing for
a new "MA" classification which will replace part of the existing "M"
classification. Films (including videos) at the "lower" end of the
existing "M" classification will continue to be classified "M" and be
recommended for viewing by persons aged 15 years and older. Those
films (and videos) that are unsuitable for viewing by persons under 15
years of age, will constitute the proposed "MA" classification and will
not be able to be exhibited, sold, hired or delivered to a person aged
under 15 years unless accompanied by an adult.
The proposed Bill will require a film to be classified as "MA" if
it depicts, expresses or otherwise deals with sex, violence or coarse
language in a manner as to make the film unsuitable for viewing by
persons under 15 years.
The move to split the existing "M" classification and introduce a
new "MA" classification has emanated from a resolution of the
Council of Australian Governments at its meeting in Perth on 7th
December 1992.
2. The second objective is to introduce a new definition of the term
"sell" which is intended to clarify the application of the Classification
of Films Act 1991 to persons who operate "swap clubs" in which "X"
videos are exchanged or distributed.
3. The third objective of the Bill is to effect statute law revision by
modernising and rationalising a number of statutory provisions.
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Classification of Films Amendment Bill 1993
NOTES ON CLAUSES
Clause 1 sets out the short title of the Act.
Clause 2 provides that the Act will commence on a day fixed by
proclamation.
Clause 3 identifies the Act to be amended.
Clause 4 inserts new definitions into section 3 of the Act and omits from
section 3 the present definition of "sell" and provides for a new definition
as set out in clause 5.
Clause 5 inserts a new section 3A in the Act which provides an extended
definition of the term "sell". The new definition of the term "sell" differs
from the existing definition in section 3 by the insertion of paragraph 3A(c)
and the provision of an example of how section 3A(c)(ii) will operate.
Clause 6 inserts a new section 4A into the Act which allows the Films
Classification Officer to delegate the Officer's powers to another officer of
the department approved in writing by the chief executive.
Clause 7 amends section 9, which section provides for the classification
of films, by making provision for an "MA" classification for films.
Clause 7(1) renumbers paragraph 9(1)(d) as (e).
Clause 7(2) inserts a new paragraph (d) in section 9(1) allowing the
censor to classify a film as a "MA" film if the censor is of the opinion that
the film describes, depicts, expresses or otherwise deals with sex, violence
or coarse language in a way that makes the film unsuitable for viewing by
persons under 15 years.
Clause 7(3) inserts a new section 9(4) into the Act. Subsection 9(4)
provides that the censor will not classify a video tape or video disk if it
includes an advertisement for a film of a higher classification than itself.
The amendment ensures that in carrying out the censor's duties under this
subsection, the censor has regard to the new "MA" classification.
Clause 8 amends section 21 by providing a penalty for a person who
exhibits, or attempts to exhibit an unclassified film that, if it were classified,
would be classified as a "MA" film. The penalty prescribed pursuant to
clause 8 is 20 penalty units, which comports with the hierarchy of penalties
prescribed in section 21.
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Classification of Films Amendment Bill 1993
Clause 9 inserts a new section 22, which deals with the attendance of
certain minors at the exhibition of "MA" and "R" films. The section
provides that the attendance of certain minors at the exhibition of "MA" and
"R" films in certain circumstances can result in an offence being committed
by an exhibitor.
The proposed section 22 provides that an exhibitor commits an offence if
the exhibitor, or the exhibitor's employee or agent allows a child who has
reached two years but not 15 years and who is not accompanied by an adult,
to view the exhibition of an "MA" film.
The exhibitor or the exhibitor's employee or agent will not have
committed an offence if such persons believe on reasonable grounds that
the minor concerned--
· has reached 15 years or has not reached two years; or
· is, or will be, accompanied by an adult during the exhibition of
the film.
The present provisions with respect to "R" films set out in existing
section 22 are duplicated in the proposed section 22.
Clause 10 omits section 25 and inserts new sections 25-25C. Proposed
section 25 sets out the power of an inspector, exhibitor or an exhibitor's
employee or agent ("the inquirer") to demand a person's correct name,
address and age or, in certain circumstances, to the person's best
knowledge, the correct name, address and age of a minor who that person
has in their care and control or who they have accompanied or assisted
during the exhibition of a "MA" or "R" film.
Proposed section 25A provides that if an inspector, exhibitor or an
exhibitor's employee or agent (the `inquirer') has reasonable grounds to
believe that any of the particulars given by a person under section 25 are
false, the inquirer may require the person to produce evidence of the
correctness of the particulars including the completion and signing of a
statement of the particulars in the approved form.
Proposed section 25B sets out offences relating to particulars.
Proposed section 25C(1) empowers the exhibitor or an exhibitor's
employee or agent to refuse admission of a person to a theatre, or to require
a person to leave a theatre, if it is believed on reasonable grounds that the
exhibitor would commit an offence if the exhibitor allowed the person to be,
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Classification of Films Amendment Bill 1993
or to continue to be, present at the theatre, or if the person has committed an
offence against section 25B.
Subsection 25C(2) provides that an offence will be committed by a
person who attempts to enter a theatre after being refused entry pursuant to
subsection (1) or fails to leave a theatre after being required to leave
pursuant to subsection (1).
Clause 11 omits from section 30 references to distribution. This is
consequential upon the expansion of the definition of the term "sell".
Clause 12 inserts new sections 31 to 33 which provide, respectively for
the commission of offences with respect to--
· selling or displaying for sale (or attempting to do so) a classified
film which contains advertisements for films of a higher classification
(section 31);
· displaying, or attempting to display for sale an "MA" or "R"
film or an advertisement for a film classified as "MA" or "R" unless
the person has complied with the conditions that are prescribed by
regulation for the purposes of the section (section 32);
· the sale or delivery, or the attempted sale or delivery, of an "MA"
or "R" film to certain minors (section 33).
Clause 13 amends section 34 (which deals with the display and sale of
unclassified films) by inserting a new paragraph (b) which deals with the
display and sale of unclassified "MA" films.
Clause 14 amends section 41 (which deals with possession of an
objectionable film) by:
· omitting from subsection 41(1) the term "or distribution". This is
consequential upon the expansion of the definition of the term "sell";
and
· inserting a monetary penalty in subsection 41(3). Presently, only
a custodial penalty is provided for. Pursuant to section 45(2) of the
Penalties and Sentences Act 1992, a court can award in circumstances
such as this either custodial sentence or a monetary penalty or both.
Accordingly, the words "or both" are not required to be inserted in this
amendment.
Clause 15 inserts a new subsection 60(3), which is consequential upon
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Classification of Films Amendment Bill 1993
the power of delegation being given to the Films Classification Officer in
proposed section 4A.
Clause 16 omits from section 65 (regulation making power) references
to "distribution". This is consequential upon the expansion of the definition
of the term "sell".
Clause 17 inserts a new section 66 which allows the chief executive to
approve a form for use under the Classification of Films Act 1991.
Clause 18 replaces Part 9 (Repeals, Savings and Transitional Provisions)
with a new Part which:
· provides that a regulation in force immediately before the
commencement of clause 18 continues to have effect after its
commencement as if it had been made immediately after the
commencement (section 67); and
· makes transitional provisions for "MA" films.
SCHEDULE
The Schedule outlines a number of amendments to the Act designed to
effect statute law revision.
© The State of Queensland 1993