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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SCHEDULE 3 - Savings and Transitional Provisions

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SCHEDULE 3

- Savings and Transitional Provisions

SCHEDULE 3 - Savings and Transitional Provisions

Section 88

1.    Interpretation
In this Schedule –
commencement day means the day proclaimed under section 2 ;
former Act means the Classification of Publications Act 1984 ;
Ordinance means the Classification of Publications Ordinance 1983 of the Australian Capital Territory.
2.    Prescribed fee
Until a fee is prescribed for the purposes of section 41 (2) , the fee for an application to the Tasmanian Board under that section is $5.
3.    Continuation of Tasmanian Board
(1) A person who, immediately before the commencement day, was a member of the Tasmanian Board under the former Act is taken to have been appointed as a member of the Board under this Act and that person holds that office subject to this Act for the remainder of the term for which the person was appointed under the former Act.
(2) The person who, immediately before the commencement day, was the chairman of the Tasmanian Board under the former Act is taken to have been appointed as Chairperson of the Board under this Act.
(3) The person who, immediately before the commencement day, was deputy chairman of the Tasmanian Board under the former Act is taken to have been appointed as Deputy Chairperson of the Board under this Act.
4.    Registrar
The person who, immediately before the commencement day, was the Registrar of the Tasmanian Board under the former Act is taken to have been appointed as Registrar of the Board under this Act.
5.    Publications
(1) A publication that, immediately before the commencement day, was classified "unrestricted publication" , "category 1 restricted publication" , "category 2 restricted publication" or "prohibited publication" is taken to have been classified "unrestricted publication" , "category 1 restricted publication" , "category 2 restricted publication" or "prohibited publication" respectively under this Act.
(2) An application or referral made under section 12 of the former Act and not determined immediately before the commencement day is taken to be an application or referral made under section 8 of this Act.
(3) An application made under section 15 of the former Act and not determined immediately before the commencement day is taken to be an application made under section 11 of this Act.
6.    Computer Games
(1) A computer game that, immediately before the commencement day, was classified "G" , "G (8+)" , "M (15+)" or "MA (15+)" under the Ordinance is taken to have been classified "G" , "G (8+)" , "M (15+)" or "MA (15+)" respectively under the Commonwealth Act.
(2) A computer game that has been refused or is taken to have been refused classification under the Ordinance is taken to have been classified "RC" under the Commonwealth Act.
(3) Nothing in this Act, other than section 65 , applies to or in relation to a computer game published before the commencement day unless the computer game has been classified or refused classification under the Ordinance .
(4) Advertising matter, in relation to a computer game, which has been approved or refused approval under the Ordinance before the commencement day is taken to have been approved or refused approval respectively under the Commonwealth Act.
7.    Films
(1) A film that, immediately before the commencement day, was classified "G" , "PG" , "M" , "MA" or "R" under the former Act is taken to have been classified "G" , "PG" , "M" , "MA" or "R" respectively under the Commonwealth Act.
(2) A film that, immediately before the commencement day, was classified "G" , "PG" , "M" , "MA" or "R" under the Films Act 1971 is taken to have been classified "G" , "PG" , "M" , "MA" or "R" respectively under the Commonwealth Act.
(3) A film that has been refused classification under the Ordinance is taken to have been classified "RC" under the Commonwealth Act.
(4) A film that, immediately before the commencement day, was classified "X" under the Ordinance is taken to have been classified "X" under the Commonwealth Act.
(5) An application made under section 26A of the former Act and not determined immediately before the commencement day is taken to be an application made under section 41 of this Act.
(6) An order of the Minister made under section 26B (1) or (6) (b) of the former Act and in force immediately before the commencement day is taken to be an order of the Minister made under section 44 (1) or (6) (b) of this Act and is enforceable accordingly.
(7) An application made under the former Act or Films Act 1971 for the classification or review of the classification of a film or for the review of a decision and not determined immediately before the commencement day is taken to have been made under the Commonwealth Act.
(8) Advertising matter, in relation to a film, which has been approved or refused approval under the Films Act 1971 is taken to have been approved or refused approval respectively under the Commonwealth Act.
(9) An application made under section 14A of the Films Act 1971 for an advertising exemption and not determined immediately before the commencement day is taken to be an application for a certificate of exemption under section 32 of the Commonwealth Act.
(10) A certificate of advertising exemption issued under section 14C of the Films Act 1971 and in force immediately before the commencement day is taken to be a certificate of exemption granted under section 33 of the Commonwealth Act.