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Part 1—Preliminary

Short title

This Act may be cited as the Classification of Films Act 1991.

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Object of Act

(1)

The object of this Act is to give effect to the scheme for the classification of publications, films and computer games mentioned in the Commonwealth Act, section 3, but only to the extent that the scheme relates to films.

(2)

The object is to be achieved by—

(a)

providing for the enforcement of classification decisions for films made under the Commonwealth Act; and

(b)

prohibiting the publication of certain films.

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Application of Act

(1)

This Act does not apply to a film that is an exempt film.

(2)

Also, this Act does not apply in relation to a relevant showing of a film to the extent the film is subject to a conditional cultural exemption in relation to the relevant showing.

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Definitions

The dictionary in schedule 1 defines particular words used in this Act.

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Meaning of sell

In this Act—

sell, in relation to a film, means—

(a)

sell, whether by wholesale or retail; or

(b)

let on hire; or

(c)

under or in connection with a commercial arrangement—

(i)

exchange or distribute; or

(ii)

enable or assist an exchange or distribution, even if the exchange or distribution is not, by itself, a commercial arrangement; or

(d)

offer or agree to do an act mentioned in paragraphs (a) to (c); or

(e)

invite to treat or expose for an act mentioned in paragraphs (a) to (c); or

(f)

cause or permit to be done an act mentioned in paragraphs (a) to (e).

Example of paragraph (c)(ii)—

Paragraph (c)(ii) applies if a person, for profit, establishes or maintains, or participates in the establishment or maintenance, of a club, association or business for the exchange of films by other persons (whether or not the exchange is for profit by them), for example by providing—

(a)

services assisting the exchange in return for payment of club membership or other fees; or

(b)

entrance, on payment of a fee, to premises where exchanges may take place.

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Treatment of single device consisting only of classified films

(1)

For this Act, a film—

(a)

contained on a single device; and

(b)

consisting only of 2 or more classified films;

is to be treated as if each of the classified films were on a separate device.

(2)

Subsection (1) applies despite any other provision of this Act.

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Inspectors

(1)

For the purposes of this Act, the chief executive may appoint any of the following persons to be an inspector—

(a)

a public service officer;

(b)

a police officer.

Note—

A proposed appointment of a police officer must have the approval of the commissioner of the police service under the Police Powers and Responsibilities Act 2000, section 13.

(2)

The chief executive may appoint a person mentioned in subsection (1)(a) to be an inspector only if the chief executive believes the person has the necessary expertise or experience to be an inspector.

(3)

The chief executive may issue an identity card to an inspector who is not a police officer.

(4)

The identity card must—

(a)

contain a recent photograph of the inspector; and

(b)

be in the approved form.

(5)

A person who ceases to be an inspector must, as soon as practicable, return his or her identity card to the chief executive.

Maximum penalty for subsection (5)—5 penalty units.

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