Queensland Consolidated Acts

CLASSIFICATION OF PUBLICATIONS ACT 1991 - SECT 3

In this Act--

approved wholesaler means a wholesaler of publications who is an approved distributor.

board means the Classification Board established under the Commonwealth Act.1

category 1 restricted publication means a publication that is classified as a category 1 restricted publication.

category 2 restricted publication means a publication that is classified as a category 2 restricted publication.

child abuse photograph means a photograph or any other image or material (however produced or reproduced) that--

(a) depicts or describes in pictorial or other form a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not) in a way that is likely to cause offence to a reasonable adult person; and

(b) is not part of a publication.

child abuse publication means an RC publication that depicts or describes in pictorial or other form a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not) in a way that is likely to cause offence to a reasonable adult person.

classification guidelines means the guidelines published under the Commonwealth Act,2 to the extent they relate to publications.

classified means classified under this Act or the Commonwealth Act.

Code means the National Classification Code under the Commonwealth Act.

code of conduct means a code of conduct that is approved under section 7.

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).

computer game see the Classification of Computer Games and Images Act 1995, schedule 2.

determined markings, for a publication, means the markings for the publication determined under the Commonwealth Act.3

director means the director of the board.

film see the Classification of Films Act 1991, section 3.

interim prohibited publication means a publication that is classified as an interim prohibited publication under section 9.

occupier, in relation to a place, includes a person in charge of the place.

place includes--

(a) vacant land or premises; and

(b) a vehicle, vessel or aircraft.

possession, in relation to a publication, includes--

(a) custody or control of the publication; and

(b) an ability or right to obtain custody or control of the publication.

premises includes--

(a) a building or structure, or a part of a building or structure, of any kind; and

(b) the land on which a building or structure is situated; and

(c) a vehicle, vessel or aircraft.

prohibited publication means a publication that--

(a) is a restricted publication; or

(b) is an RC publication; or

(c) is an interim prohibited publication.

publication means any written or pictorial matter, but does not include--

(a) a film; or

(b) a computer game; or

(c) an advertisement for a publication, a film or a computer game.

public place means any place that--

(a) the public is entitled to use; or

(b) is open to, or used by, the public (whether or not on payment of money).

publish includes sell, exhibit, display, demonstrate and distribute.

RC publication means a publication that is, or, if classified, would be, classified as RC.

restricted publication means a publication that is, or, if classified, would be classified as category 1 restricted or category 2 restricted.

retail seller means a person who sells, in the ordinary course of business, publications supplied by an approved wholesaler.

sell means sell, exchange or let on hire, and includes--

(a) offer, invite to treat or expose for sale or hire; and

(b) agree to sell or hire; and

(c) cause or permit to be sold or hired.

submittable publication see section 5 of the Commonwealth Act.

unrestricted publication means a publication that is, or, if classified, would be, classified as unrestricted.