{"id":"qld:act-1991-077","name":"Classification of Films Act 1991","slug":"classification-of-films-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"77 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104827,"registerId":"qld-act-1991-077-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Classification of Films Act 1991 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Object of Act","content":"### sec.2 Object of Act\n\nThe 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.\nThe object is to be achieved by—\nproviding for the enforcement of classification decisions for films made under the Commonwealth Act ; and\nprohibiting the publication of certain films.\ns 2 sub 1996 No. 56 s 67\n(sec.2-ssec.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.\n(sec.2-ssec.2) The object is to be achieved by— providing for the enforcement of classification decisions for films made under the Commonwealth Act ; and prohibiting the publication of certain films.\n- (a) providing for the enforcement of classification decisions for films made under the Commonwealth Act ; and\n- (b) prohibiting the publication of certain films.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Application of Act","content":"### sec.2A Application of Act\n\nThis Act does not apply to a film that is an exempt film.\nAlso, 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.\ns 2A ins 2013 No. 3 s 27\nsub 2017 No. 17 s 53\n(sec.2A-ssec.1) This Act does not apply to a film that is an exempt film.\n(sec.2A-ssec.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.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 3 amd 2017 No. 17 s 54 (4)","sortOrder":4},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Meaning of sell","content":"### sec.3A Meaning of sell\n\nIn this Act—\nsell , in relation to a film, means—\nsell, whether by wholesale or retail; or\nlet on hire; or\nunder or in connection with a commercial arrangement—\nexchange or distribute; or\nenable or assist an exchange or distribution, even if the exchange or distribution is not, by itself, a commercial arrangement; or\noffer or agree to do an act mentioned in paragraphs (a) to (c) ; or\ninvite to treat or expose for an act mentioned in paragraphs (a) to (c) ; or\ncause or permit to be done an act mentioned in paragraphs (a) to (e) .\nParagraph (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—\nservices assisting the exchange in return for payment of club membership or other fees; or\nentrance, on payment of a fee, to premises where exchanges may take place.\ns 3A ins 1993 No. 15 s 4\namd 1995 No. 1 s 12\n- (a) sell, whether by wholesale or retail; or\n- (b) let on hire; or\n- (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\n- (i) exchange or distribute; or\n- (ii) enable or assist an exchange or distribution, even if the exchange or distribution is not, by itself, a commercial arrangement; or\n- (d) offer or agree to do an act mentioned in paragraphs (a) to (c) ; or\n- (e) invite to treat or expose for an act mentioned in paragraphs (a) to (c) ; or\n- (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.\n- (a) services assisting the exchange in return for payment of club membership or other fees; or\n- (b) entrance, on payment of a fee, to premises where exchanges may take place.\n- (i) exchange or distribute; or\n- (ii) enable or assist an exchange or distribution, even if the exchange or distribution is not, by itself, a commercial arrangement; or\n- (a) services assisting the exchange in return for payment of club membership or other fees; or\n- (b) entrance, on payment of a fee, to premises where exchanges may take place.","sortOrder":5},{"sectionNumber":"sec.3B","sectionType":"section","heading":"Treatment of single device consisting only of classified films","content":"### sec.3B Treatment of single device consisting only of classified films\n\nFor this Act, a film—\ncontained on a single device; and\nconsisting only of 2 or more classified films;\nis to be treated as if each of the classified films were on a separate device.\nSubsection (1) applies despite any other provision of this Act.\ns 3B ins 2008 No. 51 s 17\n(sec.3B-ssec.1) For this Act, a film— contained on a single device; and consisting only of 2 or more classified films; is to be treated as if each of the classified films were on a separate device.\n(sec.3B-ssec.2) Subsection (1) applies despite any other provision of this Act.\n- (a) contained on a single device; and\n- (b) consisting only of 2 or more classified films;","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Inspectors","content":"### sec.4 Inspectors\n\nFor the purposes of this Act, the chief executive may appoint any of the following persons to be an inspector—\na public service officer;\na police officer.\nA 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 .\nThe 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.\nThe chief executive may issue an identity card to an inspector who is not a police officer.\nThe identity card must—\ncontain a recent photograph of the inspector; and\nbe in the approved form.\nA person who ceases to be an inspector must, as soon as practicable, return his or her identity card to the chief executive.\nMaximum penalty for subsection (5) —5 penalty units.\ns 4 amd 1993 No. 15 s 3 sch ; 2000 No. 5 s 373 sch 3 ; 2009 No. 48 s 204 ; 2017 No. 17 s 55\n(sec.4-ssec.1) For the purposes of this Act, the chief executive may appoint any of the following persons to be an inspector— a public service officer; a police officer. 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 .\n(sec.4-ssec.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.\n(sec.4-ssec.3) The chief executive may issue an identity card to an inspector who is not a police officer.\n(sec.4-ssec.4) The identity card must— contain a recent photograph of the inspector; and be in the approved form.\n(sec.4-ssec.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.\n- (a) a public service officer;\n- (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 .\n- (a) contain a recent photograph of the inspector; and\n- (b) be in the approved form.","sortOrder":7},{"sectionNumber":"sec.4A","sectionType":"section","heading":null,"content":"### Section sec.4A\n\ns 4A ins 1993 No. 15 s 5\nom 2017 No. 17 s 56","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 om 1996 No. 56 s 69","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 amd 1996 No. 37 s 147 sch 2\nom 1996 No. 56 s 69","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 1996 No. 56 s 69","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 1996 No. 56 s 69","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 1993 No. 15 s 6 , s 3 sch\nom 1996 No. 56 s 69","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 amd 1993 No. 15 s 3 sch\nom 1996 No. 56 s 69","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 1996 No. 56 s 69","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 1996 No. 56 s 69","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 1996 No. 56 s 69","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 om 1996 No. 56 s 69","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 1996 No. 56 s 69","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 1996 No. 56 s 69","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 1996 No. 56 s 69","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 om 1996 No. 56 s 69","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 1996 No. 56 s 69","sortOrder":23},{"sectionNumber":"pt.2","sectionType":"part","heading":null,"content":"","sortOrder":24},{"sectionNumber":"pt.3","sectionType":"part","heading":"Exhibition of films","content":"# Exhibition of films","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Display of classifications notice","content":"### sec.20 Display of classifications notice\n\nA person who exhibits a film in a public place must keep a classifications notice displayed prominently in the public place so it is clearly visible to the public.\nMaximum penalty—10 penalty units.\ns 20 sub 1996 No. 56 s 70","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Prohibition against exhibition of certain films in public places","content":"### sec.21 Prohibition against exhibition of certain films in public places\n\nA person must not exhibit, or attempt to exhibit, an unclassified film in a public place.\nMaximum penalty—\nin the case of a film that, if it were classified, would be classified as a G, PG or M film—5 penalty units; or\nin the case of a film that, if it were classified, would be classified as an MA 15+ film—20 penalty units; or\nin the case of a film that, if it were classified, would be classified as an R 18+ film—50 penalty units; or\nin the case of an objectionable film—300 penalty units or 2 years imprisonment.\nA person must not exhibit, or attempt to exhibit, a film in a public place unless the film is exhibited with the same title as the title under which it is classified.\nMaximum penalty—50 penalty units.\nSubsection (2) does not apply to a film contained on a single device consisting only of 2 or more classified films.\nA person must not exhibit, or attempt to exhibit, a film in a public place unless the film is exhibited in the form, without alteration or addition, in which it is classified.\nMaximum penalty—50 penalty units.\nSubsection (3) does not apply in relation to an alteration or addition of a film that consists of a modification mentioned in the Commonwealth Act , section 20A (2) (a) to (e) or 21 (2) (a) to (d) or (3) .\ns 21 amd 1993 No. 15 s 7 ; 1996 No. 56 s 71 ; 2005 No. 24 s 15 ; 2008 No. 51 s 18 ; 2017 No. 17 s 57\n(sec.21-ssec.1) A person must not exhibit, or attempt to exhibit, an unclassified film in a public place. Maximum penalty— in the case of a film that, if it were classified, would be classified as a G, PG or M film—5 penalty units; or in the case of a film that, if it were classified, would be classified as an MA 15+ film—20 penalty units; or in the case of a film that, if it were classified, would be classified as an R 18+ film—50 penalty units; or in the case of an objectionable film—300 penalty units or 2 years imprisonment.\n(sec.21-ssec.2) A person must not exhibit, or attempt to exhibit, a film in a public place unless the film is exhibited with the same title as the title under which it is classified. Maximum penalty—50 penalty units.\n(sec.21-ssec.2A) Subsection (2) does not apply to a film contained on a single device consisting only of 2 or more classified films.\n(sec.21-ssec.3) A person must not exhibit, or attempt to exhibit, a film in a public place unless the film is exhibited in the form, without alteration or addition, in which it is classified. Maximum penalty—50 penalty units.\n(sec.21-ssec.4) Subsection (3) does not apply in relation to an alteration or addition of a film that consists of a modification mentioned in the Commonwealth Act , section 20A (2) (a) to (e) or 21 (2) (a) to (d) or (3) .\n- (a) in the case of a film that, if it were classified, would be classified as a G, PG or M film—5 penalty units; or\n- (b) in the case of a film that, if it were classified, would be classified as an MA 15+ film—20 penalty units; or\n- (c) in the case of a film that, if it were classified, would be classified as an R 18+ film—50 penalty units; or\n- (d) in the case of an objectionable film—300 penalty units or 2 years imprisonment.","sortOrder":27},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Classified films—exhibiting advertisements for other films","content":"### sec.21A Classified films—exhibiting advertisements for other films\n\nA person must not exhibit, or attempt to exhibit, a classified film that contains an advertisement relating to—\nif the film is classified as a G film—a film classified as a PG, M, MA 15+, R 18+, X 18+ or RC film or an unclassified film; or\nif the film is classified as a PG film—a film classified as an M, MA 15+, R 18+, X 18 + or RC film or an unclassified film; or\nif the film is classified as an M film—a film classified as an MA 15+, R 18+, X 18+ or RC film or an unclassified film; or\nif the film is classified as an MA 15+ film—a film classified as an R 18+, X 18+ or RC film or an unclassified film; or\nif the film is classified as an R 18+ film—a film classified as an X 18+ or RC film or an unclassified film; or\nan unclassified film, unless the advertisement is allowed under the Commonwealth Act .\nMaximum penalty—10 penalty units.\nThe Commonwealth Act , section 31 provides for the Commonwealth Minister, by legislative instrument, to determine a scheme for the advertising of unclassified films.\ns 21A ins 1995 No. 50 s 3 sch\namd 1996 No. 56 s 72 ; 2005 No. 24 s 16 ; 2008 No. 51 s 19\n- (a) if the film is classified as a G film—a film classified as a PG, M, MA 15+, R 18+, X 18+ or RC film or an unclassified film; or\n- (b) if the film is classified as a PG film—a film classified as an M, MA 15+, R 18+, X 18 + or RC film or an unclassified film; or\n- (c) if the film is classified as an M film—a film classified as an MA 15+, R 18+, X 18+ or RC film or an unclassified film; or\n- (d) if the film is classified as an MA 15+ film—a film classified as an R 18+, X 18+ or RC film or an unclassified film; or\n- (e) if the film is classified as an R 18+ film—a film classified as an X 18+ or RC film or an unclassified film; or\n- (f) an unclassified film, unless the advertisement is allowed under the Commonwealth Act .","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Attendance of certain minors at exhibition of certain films—offence by exhibitor","content":"### sec.22 Attendance of certain minors at exhibition of certain films—offence by exhibitor\n\nA person must not exhibit, or attempt to exhibit, in a public place a film classified as an MA 15+ film if a minor who has reached 2 years but not 15 years and who is not accompanied by an adult is, or will be, present at any time during the exhibition of the film.\nMaximum penalty—10 penalty units.\nA person must not exhibit, or attempt to exhibit, in a public place a film classified as an R 18+ film if a minor who has reached 2 years is, or will be, present at any time during the exhibition of the film.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned—\nhas reached 15 years or has not reached 2 years; or\nis, or will be, accompanied by an adult during the exhibition of the film.\nA person does not commit an offence against subsection (2) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned has reached 18 years or has not reached 2 years.\ns 22 sub 1993 No. 15 s 8\namd 2005 No. 24 s 17 ; 2013 No. 3 s 29\n(sec.22-ssec.1) A person must not exhibit, or attempt to exhibit, in a public place a film classified as an MA 15+ film if a minor who has reached 2 years but not 15 years and who is not accompanied by an adult is, or will be, present at any time during the exhibition of the film. Maximum penalty—10 penalty units.\n(sec.22-ssec.2) A person must not exhibit, or attempt to exhibit, in a public place a film classified as an R 18+ film if a minor who has reached 2 years is, or will be, present at any time during the exhibition of the film. Maximum penalty—50 penalty units.\n(sec.22-ssec.3) A person does not commit an offence against subsection (1) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned— has reached 15 years or has not reached 2 years; or is, or will be, accompanied by an adult during the exhibition of the film.\n(sec.22-ssec.4) A person does not commit an offence against subsection (2) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned has reached 18 years or has not reached 2 years.\n- (a) has reached 15 years or has not reached 2 years; or\n- (b) is, or will be, accompanied by an adult during the exhibition of the film.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Attendance of minor at exhibition of certain films—offence by other persons","content":"### sec.23 Attendance of minor at exhibition of certain films—offence by other persons\n\nA person who has reached 18 years must not—\ncause or permit, or attempt to cause or permit, a minor who—\nhas reached 2 years; and\nis in his or her care, custody and control;\nto attend; or\naccompany and assist, or attempt to accompany and assist, a minor who has reached 2 years to attend;\nthe exhibition in a public place of a film classified as an R 18+ film or an objectionable film.\nMaximum penalty—\nin the case of a film classified as an R 18+ film—10 penalty units; or\nin the case of an objectionable film—100 penalty units.\nA person does not commit an offence against subsection (1) if the person believes on reasonable grounds that the minor concerned has reached 18 years or has not reached 2 years.\ns 23 amd 1993 No. 15 s 3 sch ; 2005 No. 24 s 18\n(sec.23-ssec.1) A person who has reached 18 years must not— cause or permit, or attempt to cause or permit, a minor who— has reached 2 years; and is in his or her care, custody and control; to attend; or accompany and assist, or attempt to accompany and assist, a minor who has reached 2 years to attend; the exhibition in a public place of a film classified as an R 18+ film or an objectionable film. Maximum penalty— in the case of a film classified as an R 18+ film—10 penalty units; or in the case of an objectionable film—100 penalty units.\n(sec.23-ssec.2) A person does not commit an offence against subsection (1) if the person believes on reasonable grounds that the minor concerned has reached 18 years or has not reached 2 years.\n- (a) cause or permit, or attempt to cause or permit, a minor who— (i) has reached 2 years; and (ii) is in his or her care, custody and control;\n- (i) has reached 2 years; and\n- (ii) is in his or her care, custody and control;\n- to attend; or\n- (b) accompany and assist, or attempt to accompany and assist, a minor who has reached 2 years to attend;\n- (i) has reached 2 years; and\n- (ii) is in his or her care, custody and control;\n- (a) in the case of a film classified as an R 18+ film—10 penalty units; or\n- (b) in the case of an objectionable film—100 penalty units.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Minors not to be present at exhibition of certain films—offence by minor","content":"### sec.24 Minors not to be present at exhibition of certain films—offence by minor\n\nA minor who has reached 15 years must not be present, or attempt to be present, at the exhibition, in a public place, of a film that is classified as an R 18+ film.\ns 24 amd 1993 No. 15 s 3 sch ; 1996 No. 56 s 73 ; 2005 No. 24 s 19","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Power to require particulars of name, address and age","content":"### sec.25 Power to require particulars of name, address and age\n\nThis section applies only to the exhibition of an MA 15+ or R 18+ film.\nIf an inspector, exhibitor or an exhibitor’s employee or agent (the inquirer ) has reasonable grounds for suspecting any of the circumstances mentioned in subsection (3) in relation to a person, the inquirer may require the person to give the particulars mentioned in subsection (4) .\nThe suspected circumstances are—\nthat a person seeking admission, or who has been admitted, to the theatre where the film is about to be, or is being, exhibited has in the person’s care and control, or is accompanying, a minor who has reached—\nif the film is an MA 15+ film—2 years but not 15 years; or\nif the film is an R 18+ film—2 years; or\nthat a person who has been admitted to the theatre where the film has just been exhibited had in the person’s care and control, or accompanied, at any time during the exhibition a minor who had reached—\nif the film is an MA 15+ film—2 years but not 15 years; or\nif the film is an R 18+ film—2 years; or\nthat a person seeking admission, or who has been admitted, to the theatre where the film is about to be, or is being exhibited, or who has been admitted to the theatre where the film has just been exhibited, is a minor who has reached—\nif the film is an MA 15+ film—2 years but not 15 years; or\nif the film is an R 18+ film—2 years.\nThe required particulars are—\nin relation to a person mentioned in subsection (3) (a) or (b) —\nthe person’s correct name and address; and\nto the person’s best knowledge—the minor’s correct name, address and age; or\nin relation to a person mentioned in subsection (3) (c) —the person’s correct name, address and age.\ns 25 sub 1993 No. 15 s 9\namd 2005 No. 24 s 20\n(sec.25-ssec.1) This section applies only to the exhibition of an MA 15+ or R 18+ film.\n(sec.25-ssec.2) If an inspector, exhibitor or an exhibitor’s employee or agent (the inquirer ) has reasonable grounds for suspecting any of the circumstances mentioned in subsection (3) in relation to a person, the inquirer may require the person to give the particulars mentioned in subsection (4) .\n(sec.25-ssec.3) The suspected circumstances are— that a person seeking admission, or who has been admitted, to the theatre where the film is about to be, or is being, exhibited has in the person’s care and control, or is accompanying, a minor who has reached— if the film is an MA 15+ film—2 years but not 15 years; or if the film is an R 18+ film—2 years; or that a person who has been admitted to the theatre where the film has just been exhibited had in the person’s care and control, or accompanied, at any time during the exhibition a minor who had reached— if the film is an MA 15+ film—2 years but not 15 years; or if the film is an R 18+ film—2 years; or that a person seeking admission, or who has been admitted, to the theatre where the film is about to be, or is being exhibited, or who has been admitted to the theatre where the film has just been exhibited, is a minor who has reached— if the film is an MA 15+ film—2 years but not 15 years; or if the film is an R 18+ film—2 years.\n(sec.25-ssec.4) The required particulars are— in relation to a person mentioned in subsection (3) (a) or (b) — the person’s correct name and address; and to the person’s best knowledge—the minor’s correct name, address and age; or in relation to a person mentioned in subsection (3) (c) —the person’s correct name, address and age.\n- (a) that a person seeking admission, or who has been admitted, to the theatre where the film is about to be, or is being, exhibited has in the person’s care and control, or is accompanying, a minor who has reached— (i) if the film is an MA 15+ film—2 years but not 15 years; or (ii) if the film is an R 18+ film—2 years; or\n- (i) if the film is an MA 15+ film—2 years but not 15 years; or\n- (ii) if the film is an R 18+ film—2 years; or\n- (b) that a person who has been admitted to the theatre where the film has just been exhibited had in the person’s care and control, or accompanied, at any time during the exhibition a minor who had reached— (i) if the film is an MA 15+ film—2 years but not 15 years; or (ii) if the film is an R 18+ film—2 years; or\n- (i) if the film is an MA 15+ film—2 years but not 15 years; or\n- (ii) if the film is an R 18+ film—2 years; or\n- (c) that a person seeking admission, or who has been admitted, to the theatre where the film is about to be, or is being exhibited, or who has been admitted to the theatre where the film has just been exhibited, is a minor who has reached— (i) if the film is an MA 15+ film—2 years but not 15 years; or (ii) if the film is an R 18+ film—2 years.\n- (i) if the film is an MA 15+ film—2 years but not 15 years; or\n- (ii) if the film is an R 18+ film—2 years.\n- (i) if the film is an MA 15+ film—2 years but not 15 years; or\n- (ii) if the film is an R 18+ film—2 years; or\n- (i) if the film is an MA 15+ film—2 years but not 15 years; or\n- (ii) if the film is an R 18+ film—2 years; or\n- (i) if the film is an MA 15+ film—2 years but not 15 years; or\n- (ii) if the film is an R 18+ film—2 years.\n- (a) in relation to a person mentioned in subsection (3) (a) or (b) — (i) the person’s correct name and address; and (ii) to the person’s best knowledge—the minor’s correct name, address and age; or\n- (i) the person’s correct name and address; and\n- (ii) to the person’s best knowledge—the minor’s correct name, address and age; or\n- (b) in relation to a person mentioned in subsection (3) (c) —the person’s correct name, address and age.\n- (i) the person’s correct name and address; and\n- (ii) to the person’s best knowledge—the minor’s correct name, address and age; or","sortOrder":32},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Proof of particulars may be required","content":"### sec.25A Proof of particulars may be required\n\nIf 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.\nThe inquirer may also require a person who is required to provide particulars under section 25 to complete and sign a statement of the particulars in the approved form.\ns 25A sub 1993 No. 15 s 9\n(sec.25A-ssec.1) 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.\n(sec.25A-ssec.2) The inquirer may also require a person who is required to provide particulars under section 25 to complete and sign a statement of the particulars in the approved form.","sortOrder":33},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Offences relating to particulars","content":"### sec.25B Offences relating to particulars\n\nA person must not fail, without reasonable excuse—\nto give particulars required under section 25 ; or\nto produce evidence of the correctness of particulars required under section 25A (1) ; or\nto complete and sign a statement required under section 25A (2) .\nMaximum penalty—1 penalty unit.\nA person does not commit an offence against subsection (1) , despite a failure to do an act required by the subsection, if the person—\nhas not, at the time of the failure, attended the exhibiting of the MA 15+ or R 18+ film concerned; and\nleaves the theatre immediately after the failure.\nA person must not provide false or misleading—\nparticulars in response to a requirement under section 25 ; or\nevidence in response to a requirement under section 25A (1) ; or\nparticulars in a statement given in response to a requirement under 25A(2).\nMaximum penalty—5 penalty units.\ns 25B sub 1993 No. 15 s 9\namd 2005 No. 24 s 21\n(sec.25B-ssec.1) A person must not fail, without reasonable excuse— to give particulars required under section 25 ; or to produce evidence of the correctness of particulars required under section 25A (1) ; or to complete and sign a statement required under section 25A (2) . Maximum penalty—1 penalty unit.\n(sec.25B-ssec.2) A person does not commit an offence against subsection (1) , despite a failure to do an act required by the subsection, if the person— has not, at the time of the failure, attended the exhibiting of the MA 15+ or R 18+ film concerned; and leaves the theatre immediately after the failure.\n(sec.25B-ssec.3) A person must not provide false or misleading— particulars in response to a requirement under section 25 ; or evidence in response to a requirement under section 25A (1) ; or particulars in a statement given in response to a requirement under 25A(2). Maximum penalty—5 penalty units.\n- (a) to give particulars required under section 25 ; or\n- (b) to produce evidence of the correctness of particulars required under section 25A (1) ; or\n- (c) to complete and sign a statement required under section 25A (2) .\n- (a) has not, at the time of the failure, attended the exhibiting of the MA 15+ or R 18+ film concerned; and\n- (b) leaves the theatre immediately after the failure.\n- (a) particulars in response to a requirement under section 25 ; or\n- (b) evidence in response to a requirement under section 25A (1) ; or\n- (c) particulars in a statement given in response to a requirement under 25A(2).","sortOrder":34},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Person may be required to leave theatre","content":"### sec.25C Person may be required to leave theatre\n\nAn exhibitor or an exhibitor’s employee or agent (the refuser ) may refuse to admit a person to a theatre, or may require a person to leave a theatre, if the refuser believes on reasonable grounds—\nthat the exhibitor would commit an offence if the exhibitor allowed the person to be, or to continue to be, present in the theatre; or\nthat the person has committed an offence against section 25B .\nA person must not—\nenter, or attempt to enter, a theatre after being refused entry under subsection (1) ; or\nfail to leave a theatre after being required to leave under subsection (1) .\nMaximum penalty—5 penalty units.\ns 25C sub 1993 No. 15 s 9\n(sec.25C-ssec.1) An exhibitor or an exhibitor’s employee or agent (the refuser ) may refuse to admit a person to a theatre, or may require a person to leave a theatre, if the refuser believes on reasonable grounds— that the exhibitor would commit an offence if the exhibitor allowed the person to be, or to continue to be, present in the theatre; or that the person has committed an offence against section 25B .\n(sec.25C-ssec.2) A person must not— enter, or attempt to enter, a theatre after being refused entry under subsection (1) ; or fail to leave a theatre after being required to leave under subsection (1) . Maximum penalty—5 penalty units.\n- (a) that the exhibitor would commit an offence if the exhibitor allowed the person to be, or to continue to be, present in the theatre; or\n- (b) that the person has committed an offence against section 25B .\n- (a) enter, or attempt to enter, a theatre after being refused entry under subsection (1) ; or\n- (b) fail to leave a theatre after being required to leave under subsection (1) .","sortOrder":35},{"sectionNumber":"sec.25CA","sectionType":"section","heading":"Calling in unclassified film for classification","content":"### sec.25CA Calling in unclassified film for classification\n\nThis section applies if—\nthe director has reasonable grounds to believe an unclassified film is not an exempt film; and\nthe film is being published in Queensland, or the director has reasonable grounds to believe the film will be published in Queensland; and\nif the film is being published in Queensland—the film is not subject to a conditional cultural exemption in relation to the publication.\nThe director may, by written notice given to the publisher of the film, require the publisher to submit an application for its classification.\nThe notice has effect only if it is published in the Commonwealth gazette.\nThe publisher must comply with the notice within 3 business days after receiving it.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (4) for the defendant to prove that the defendant did not intend to publish the film, or cause it to be published, in Queensland.\ns 25CA ins 2002 No. 13 s 27\namd 2003 No. 94 s 20 ; 2017 No. 17 s 58\n(sec.25CA-ssec.1) This section applies if— the director has reasonable grounds to believe an unclassified film is not an exempt film; and the film is being published in Queensland, or the director has reasonable grounds to believe the film will be published in Queensland; and if the film is being published in Queensland—the film is not subject to a conditional cultural exemption in relation to the publication.\n(sec.25CA-ssec.2) The director may, by written notice given to the publisher of the film, require the publisher to submit an application for its classification.\n(sec.25CA-ssec.3) The notice has effect only if it is published in the Commonwealth gazette.\n(sec.25CA-ssec.4) The publisher must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units.\n(sec.25CA-ssec.5) It is a defence to a prosecution for an offence against subsection (4) for the defendant to prove that the defendant did not intend to publish the film, or cause it to be published, in Queensland.\n- (a) the director has reasonable grounds to believe an unclassified film is not an exempt film; and\n- (b) the film is being published in Queensland, or the director has reasonable grounds to believe the film will be published in Queensland; and\n- (c) if the film is being published in Queensland—the film is not subject to a conditional cultural exemption in relation to the publication.","sortOrder":36},{"sectionNumber":"sec.25CB","sectionType":"section","heading":"Calling in film for reclassification","content":"### sec.25CB Calling in film for reclassification\n\nThis section applies if—\nthe board proposes to reclassify a film under the Commonwealth Act , section 39 ; and\nthe publisher of the film resides in Queensland or has an office in Queensland.\nThe director may, by written notice given to the publisher, require the publisher to submit a copy of the film for the purpose of reclassifying it.\nThe publisher must comply with the notice within 3 business days after receiving it.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the film.\ns 25CB ins 2002 No. 3 s 27\namd 2003 No. 94 s 21 ; 2017 No. 17 s 59\n(sec.25CB-ssec.1) This section applies if— the board proposes to reclassify a film under the Commonwealth Act , section 39 ; and the publisher of the film resides in Queensland or has an office in Queensland.\n(sec.25CB-ssec.2) The director may, by written notice given to the publisher, require the publisher to submit a copy of the film for the purpose of reclassifying it.\n(sec.25CB-ssec.3) The publisher must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units.\n(sec.25CB-ssec.4) It is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the film.\n- (a) the board proposes to reclassify a film under the Commonwealth Act , section 39 ; and\n- (b) the publisher of the film resides in Queensland or has an office in Queensland.","sortOrder":37},{"sectionNumber":"sec.25CC","sectionType":"section","heading":"Obtaining copies for review","content":"### sec.25CC Obtaining copies for review\n\nThis section applies if—\nan application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the film concerned; and\nthe board or review board does not have a copy of the film and a copy is not available to it; and\nthe original applicant or the publisher of the film resides in Queensland or has an office in Queensland.\nThe convenor may, by written notice given to the original applicant or publisher, require the original applicant or publisher to make a copy of the film available for the purpose of the review.\nA person to whom the notice is given must comply with the notice within 3 business days after receiving it.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the film.\ns 25CC ins 2002 No. 3 s 27\namd 2003 No. 94 s 22 ; 2008 No. 51 s 20 ; 2017 No. 17 s 60\n(sec.25CC-ssec.1) This section applies if— an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the film concerned; and the board or review board does not have a copy of the film and a copy is not available to it; and the original applicant or the publisher of the film resides in Queensland or has an office in Queensland.\n(sec.25CC-ssec.2) The convenor may, by written notice given to the original applicant or publisher, require the original applicant or publisher to make a copy of the film available for the purpose of the review.\n(sec.25CC-ssec.3) A person to whom the notice is given must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units.\n(sec.25CC-ssec.4) It is a defence to a prosecution for an offence against subsection (3) for the defendant to prove that the defendant did not have a copy of the film.\n- (a) an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the film concerned; and\n- (b) the board or review board does not have a copy of the film and a copy is not available to it; and\n- (c) the original applicant or the publisher of the film resides in Queensland or has an office in Queensland.","sortOrder":38},{"sectionNumber":"sec.25D","sectionType":"section","heading":"Power to require certain advertisements to be submitted for approval","content":"### sec.25D Power to require certain advertisements to be submitted for approval\n\nThe director may, by written notice given to the publisher of a classified film that is being published in Queensland, or that the director reasonably believes will be published in Queensland, require the publisher to submit to the board for approval a copy of each advertisement used or intended to be used in connection with the publication.\nA person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it.\nMaximum penalty—20 penalty units.\ns 25D ins 1996 No. 56 s 74\namd 2003 No. 94 s 23 ; 2017 No. 17 s 61\n(sec.25D-ssec.1) The director may, by written notice given to the publisher of a classified film that is being published in Queensland, or that the director reasonably believes will be published in Queensland, require the publisher to submit to the board for approval a copy of each advertisement used or intended to be used in connection with the publication.\n(sec.25D-ssec.2) A person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units.","sortOrder":39},{"sectionNumber":"sec.25E","sectionType":"section","heading":"Defence to prosecution under s 25D","content":"### sec.25E Defence to prosecution under s 25D\n\nIt is a defence to a prosecution for an offence under section 25D , in relation to a classified film the director reasonably believes will be published in Queensland, for the defendant to prove that the defendant did not intend to publish, or authorise or cause someone else to publish, the publication in Queensland.\ns 25E ins 1996 No. 56 s 74\namd 2003 No. 94 s 24 ; 2017 No. 17 s 62","sortOrder":40},{"sectionNumber":"pt.4","sectionType":"part","heading":"Advertising and supply of films","content":"# Advertising and supply of films","sortOrder":41},{"sectionNumber":"sec.26","sectionType":"section","heading":"Prohibition against publishing certain advertisements","content":"### sec.26 Prohibition against publishing certain advertisements\n\nA person must not publish, or attempt to publish, an advertisement for an objectionable or unclassified film, unless the advertisement is allowed under the Commonwealth Act .\nMaximum penalty—\nfor an objectionable film—60 penalty units; or\nfor another film—10 penalty units.\nThe Commonwealth Act , section 31 provides for the Minister, by legislative instrument, to determine a scheme for the advertising of objectionable or unclassified films.\nA person must not publish an advertisement for a film if, under the Commonwealth Act —\nan application for approval of the advertisement—\nhas not been made; and\nif it were made, would be refused; or\napproval of the advertisement is refused.\nMaximum penalty—60 penalty units.\nA person may publish an advertisement for a film only in the form in which it is approved under the Commonwealth Act .\nMaximum penalty—60 penalty units.\nIf an advertisement for a film is approved under the Commonwealth Act on conditions, a person may publish the advertisement only in accordance with the conditions.\nMaximum penalty—60 penalty units.\ns 26 sub 1996 No. 56 s 75\namd 2008 No. 51 s 21 ; 2013 No. 3 s 30\n(sec.26-ssec.1) A person must not publish, or attempt to publish, an advertisement for an objectionable or unclassified film, unless the advertisement is allowed under the Commonwealth Act . Maximum penalty— for an objectionable film—60 penalty units; or for another film—10 penalty units. The Commonwealth Act , section 31 provides for the Minister, by legislative instrument, to determine a scheme for the advertising of objectionable or unclassified films.\n(sec.26-ssec.2) A person must not publish an advertisement for a film if, under the Commonwealth Act — an application for approval of the advertisement— has not been made; and if it were made, would be refused; or approval of the advertisement is refused. Maximum penalty—60 penalty units.\n(sec.26-ssec.3) A person may publish an advertisement for a film only in the form in which it is approved under the Commonwealth Act . Maximum penalty—60 penalty units.\n(sec.26-ssec.4) If an advertisement for a film is approved under the Commonwealth Act on conditions, a person may publish the advertisement only in accordance with the conditions. Maximum penalty—60 penalty units.\n- (a) for an objectionable film—60 penalty units; or\n- (b) for another film—10 penalty units.\n- (a) an application for approval of the advertisement— (i) has not been made; and (ii) if it were made, would be refused; or\n- (i) has not been made; and\n- (ii) if it were made, would be refused; or\n- (b) approval of the advertisement is refused.\n- (i) has not been made; and\n- (ii) if it were made, would be refused; or","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":"Advertisement to contain determined markings and consumer advice","content":"### sec.27 Advertisement to contain determined markings and consumer advice\n\nA person must not publish an advertisement for a classified film unless its determined markings and consumer advice (if any) are—\ncontained in the advertisement; and\ndisplayed—\nin the way determined under the Commonwealth Act; and\nSee the Commonwealth Act, section 8 .\nso they are clearly visible, having regard to the advertisement’s size and nature.\nMaximum penalty—10 penalty units.\nSubsection (3) applies if—\nthe board reclassifies a film under the Commonwealth Act , section 39 ; or\nthe board revokes—\na classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or\na classification for a film under the Commonwealth Act , section 22CH (1) .\nDisplay of the determined markings and consumer advice that applied to the film before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect.\nSee the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\ns 27 sub 1996 No. 56 s 75\namd 2008 No. 51 s 22 ; 2009 No. 48 s 205 ; 2017 No. 17 s 63\n(sec.27-ssec.1) A person must not publish an advertisement for a classified film unless its determined markings and consumer advice (if any) are— contained in the advertisement; and displayed— in the way determined under the Commonwealth Act; and See the Commonwealth Act, section 8 . so they are clearly visible, having regard to the advertisement’s size and nature. Maximum penalty—10 penalty units.\n(sec.27-ssec.2) Subsection (3) applies if— the board reclassifies a film under the Commonwealth Act , section 39 ; or the board revokes— a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or a classification for a film under the Commonwealth Act , section 22CH (1) .\n(sec.27-ssec.3) Display of the determined markings and consumer advice that applied to the film before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect. See the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\n- (a) contained in the advertisement; and\n- (b) displayed— (i) in the way determined under the Commonwealth Act; and Note— See the Commonwealth Act, section 8 . (ii) so they are clearly visible, having regard to the advertisement’s size and nature.\n- (i) in the way determined under the Commonwealth Act; and Note— See the Commonwealth Act, section 8 .\n- (ii) so they are clearly visible, having regard to the advertisement’s size and nature.\n- (i) in the way determined under the Commonwealth Act; and Note— See the Commonwealth Act, section 8 .\n- (ii) so they are clearly visible, having regard to the advertisement’s size and nature.\n- (a) the board reclassifies a film under the Commonwealth Act , section 39 ; or\n- (b) the board revokes— (i) a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or (ii) a classification for a film under the Commonwealth Act , section 22CH (1) .\n- (i) a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or\n- (ii) a classification for a film under the Commonwealth Act , section 22CH (1) .\n- (i) a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or\n- (ii) a classification for a film under the Commonwealth Act , section 22CH (1) .","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"False advertising of films prohibited","content":"### sec.28 False advertising of films prohibited\n\nA person must not publish, or attempt to publish, an advertisement for a classified film that indicates—\nthat the film is unclassified; or\nthat the film has a classification other than its classification under the Commonwealth Act.\nMaximum penalty—60 penalty units or imprisonment for 6 months.\nSubsection (3) applies if the board—\nreclassifies a film under the Commonwealth Act , section 39 ; or\nrevokes a classification for a film under the Commonwealth Act , section 22B (3) or 22CH (1) .\nIndicating the film has the classification that applied to the film before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect.\nSee the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\ns 28 amd 1996 No. 56 s 76 ; 2008 No. 51 s 23 ; 2009 No. 48 s 206 ; 2013 No. 3 s 31 ; 2017 No. 17 s 64\n(sec.28-ssec.1) A person must not publish, or attempt to publish, an advertisement for a classified film that indicates— that the film is unclassified; or that the film has a classification other than its classification under the Commonwealth Act. Maximum penalty—60 penalty units or imprisonment for 6 months.\n(sec.28-ssec.2) Subsection (3) applies if the board— reclassifies a film under the Commonwealth Act , section 39 ; or revokes a classification for a film under the Commonwealth Act , section 22B (3) or 22CH (1) .\n(sec.28-ssec.3) Indicating the film has the classification that applied to the film before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect. See the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\n- (a) that the film is unclassified; or\n- (b) that the film has a classification other than its classification under the Commonwealth Act.\n- (a) reclassifies a film under the Commonwealth Act , section 39 ; or\n- (b) revokes a classification for a film under the Commonwealth Act , section 22B (3) or 22CH (1) .","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":"Markings and consumer advice on containers","content":"### sec.29 Markings and consumer advice on containers\n\nA person must not display for sale or sell, or attempt to display for sale or sell, a film unless the container, wrapping or casing in which the film is so displayed or sold bears the determined markings for its classification and its consumer advice (if any).\nMaximum penalty—10 penalty units.\nSubsection (3) applies if—\nthe board reclassifies a film under the Commonwealth Act , section 39 ; or\nthe board revokes—\na classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or\na classification for a film under the Commonwealth Act , section 22CH (1) .\nBearing the determined markings and consumer advice that applied to the film before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect.\nSee the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\ns 29 amd 1996 No. 56 s 77 ; 2017 No. 17 s 65\n(sec.29-ssec.1) A person must not display for sale or sell, or attempt to display for sale or sell, a film unless the container, wrapping or casing in which the film is so displayed or sold bears the determined markings for its classification and its consumer advice (if any). Maximum penalty—10 penalty units.\n(sec.29-ssec.2) Subsection (3) applies if— the board reclassifies a film under the Commonwealth Act , section 39 ; or the board revokes— a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or a classification for a film under the Commonwealth Act , section 22CH (1) .\n(sec.29-ssec.3) Bearing the determined markings and consumer advice that applied to the film before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect. See the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\n- (a) the board reclassifies a film under the Commonwealth Act , section 39 ; or\n- (b) the board revokes— (i) a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or (ii) a classification for a film under the Commonwealth Act , section 22CH (1) .\n- (i) a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or\n- (ii) a classification for a film under the Commonwealth Act , section 22CH (1) .\n- (i) a classification or consumer advice for a film under the Commonwealth Act , section 22B (3) ; or\n- (ii) a classification for a film under the Commonwealth Act , section 22CH (1) .","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Display of information about classification","content":"### sec.30 Display of information about classification\n\nA person who sells, or attempts to sell, a classified film on premises open to the public must keep a classifications notice displayed in accordance with subsection (2) .\nMaximum penalty—10 penalty units.\nThe notice must be displayed in a conspicuous place and in a way that it can be conveniently read by any person on the premises.\ns 30 amd 1993 No. 15 s 10 ; 1996 No. 56 s 78\n(sec.30-ssec.1) A person who sells, or attempts to sell, a classified film on premises open to the public must keep a classifications notice displayed in accordance with subsection (2) . Maximum penalty—10 penalty units.\n(sec.30-ssec.2) The notice must be displayed in a conspicuous place and in a way that it can be conveniently read by any person on the premises.","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Classified films containing advertisements for other films","content":"### sec.31 Classified films containing advertisements for other films\n\nA person must not sell or display for sale, or attempt to sell or display for sale, a classified film that contains an advertisement relating to—\nif the film is classified as a G film—a film classified as a PG, M, MA 15+, R 18+, X 18+ or RC film; or\nif the film is classified as a PG film—a film classified as an M, MA 15+, R 18+, X 18+ or RC film; or\nif the film is classified as an M film—a film classified as an MA 15+, R 18+, X 18+ or RC film; or\nif the film is classified as an MA 15+ film—a film classified as an R 18+, X 18+ or RC film; or\nif a film is classified as an R 18+ film—a film classified as an X 18+ or RC film; or\nan unclassified film, unless the advertisement is allowed under the Commonwealth Act.\nMaximum penalty—10 penalty units.\nThe Commonwealth Act, section 31 provides for the Commonwealth Minister, by legislative instrument, to determine a scheme for the advertising of unclassified films.\ns 31 sub 1993 No. 15 s 11\namd 1996 No. 56 s 79 ; 2005 No. 24 s 22 ; 2008 No. 51 s 24\n- (a) if the film is classified as a G film—a film classified as a PG, M, MA 15+, R 18+, X 18+ or RC film; or\n- (b) if the film is classified as a PG film—a film classified as an M, MA 15+, R 18+, X 18+ or RC film; or\n- (c) if the film is classified as an M film—a film classified as an MA 15+, R 18+, X 18+ or RC film; or\n- (d) if the film is classified as an MA 15+ film—a film classified as an R 18+, X 18+ or RC film; or\n- (e) if a film is classified as an R 18+ film—a film classified as an X 18+ or RC film; or\n- (f) an unclassified film, unless the advertisement is allowed under the Commonwealth Act.","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Display for sale of MA 15+ or R 18+ film","content":"### sec.32 Display for sale of MA 15+ or R 18+ film\n\nA person who displays, or attempts to display, for sale—\na film classified as an MA 15+ or R 18+ film; or\nan advertisement for a film classified as an MA 15+ or R 18+ film;\nmust comply with the conditions that may be prescribed by regulation for the purposes of this section.\nMaximum penalty—10 penalty units.\ns 32 sub 1993 No. 15 s 11\namd 2005 No. 24 s 23\n- (a) a film classified as an MA 15+ or R 18+ film; or\n- (b) an advertisement for a film classified as an MA 15+ or R 18+ film;","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Sale of MA 15+ or R 18+ film to certain minors prohibited","content":"### sec.33 Sale of MA 15+ or R 18+ film to certain minors prohibited\n\nA person must not sell or deliver, or attempt to sell or deliver, a film classified as an MA 15+ film to a minor who has not reached 15 years unless the minor is accompanied by an adult.\nMaximum penalty—20 penalty units.\nA person must not sell or deliver, or attempt to sell or deliver, a film classified as an R 18+ film to a minor.\nMaximum penalty—100 penalty units.\nA person does not commit an offence against subsection (1) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned has reached 15 years or is accompanied by an adult.\nA person does not commit an offence against subsection (2) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned has reached 18 years.\nA person does not commit an offence against subsection (1) or (2) if—\nthe minor concerned is employed by a person in a business of selling films; and\nthe delivery takes place in the course of the employment.\ns 33 sub 1993 No. 15 s 11\namd 2005 No. 24 s 24 ; 2013 No. 3 s 32\n(sec.33-ssec.1) A person must not sell or deliver, or attempt to sell or deliver, a film classified as an MA 15+ film to a minor who has not reached 15 years unless the minor is accompanied by an adult. Maximum penalty—20 penalty units.\n(sec.33-ssec.2) A person must not sell or deliver, or attempt to sell or deliver, a film classified as an R 18+ film to a minor. Maximum penalty—100 penalty units.\n(sec.33-ssec.3) A person does not commit an offence against subsection (1) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned has reached 15 years or is accompanied by an adult.\n(sec.33-ssec.4) A person does not commit an offence against subsection (2) if the person or the person’s employee or agent believes on reasonable grounds that the minor concerned has reached 18 years.\n(sec.33-ssec.5) A person does not commit an offence against subsection (1) or (2) if— the minor concerned is employed by a person in a business of selling films; and the delivery takes place in the course of the employment.\n- (a) the minor concerned is employed by a person in a business of selling films; and\n- (b) the delivery takes place in the course of the employment.","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Display and sale of objectionable and unclassified films prohibited","content":"### sec.34 Display and sale of objectionable and unclassified films prohibited\n\nA person must not display for sale or sell, or attempt to display for sale or sell, an objectionable or unclassified film.\nMaximum penalty—\nfor a film that, if it were classified, would be classified as a G, PG or M film—10 penalty units; or\nfor a film that, if it were classified, would be classified as an MA 15+ film—50 penalty units; or\nfor a film that, if it were classified, would be classified as an R 18+ film—100 penalty units; or\nfor an X 18+ film or an unclassified film that, if classified, would be an X 18+ film—150 penalty units; or\nfor an RC film or an unclassified film that, if classified, would be an RC film—200 penalty units.\ns 34 amd 1993 No. 15 s 12 ; 1993 No. 76 s 3 sch 2 ; 1996 No. 56 s 80 ; 2005 No. 24 s 25 ; 2013 No. 3 s 33\n- (a) for a film that, if it were classified, would be classified as a G, PG or M film—10 penalty units; or\n- (b) for a film that, if it were classified, would be classified as an MA 15+ film—50 penalty units; or\n- (c) for a film that, if it were classified, would be classified as an R 18+ film—100 penalty units; or\n- (d) for an X 18+ film or an unclassified film that, if classified, would be an X 18+ film—150 penalty units; or\n- (e) for an RC film or an unclassified film that, if classified, would be an RC film—200 penalty units.","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Display and sale of improperly marked unclassified films prohibited","content":"### sec.35 Display and sale of improperly marked unclassified films prohibited\n\nA person must not display for sale or sell, or attempt to display for sale or sell, an unclassified film if the container, wrapping or casing in which the film is displayed or sold bears a marking or other matter that indicates or suggests that the film has been classified.\nMaximum penalty—60 penalty units or imprisonment for 6 months.","sortOrder":51},{"sectionNumber":"sec.36","sectionType":"section","heading":"Display and sale of improperly marked classified films","content":"### sec.36 Display and sale of improperly marked classified films\n\nA person must not display for sale or sell, or attempt to display for sale or sell, to a person a classified film if the container, wrapping or casing in which the film is contained bears a mark or other matter indicating that the film is not classified or that the film has a classification other than its classification under the Commonwealth Act.\nMaximum penalty—60 penalty units or imprisonment for 6 months.\nSubsection (3) applies if the board—\nreclassifies a film under the Commonwealth Act , section 39 ; or\nrevokes a classification for a film under the Commonwealth Act , section 22B (3) or 22CH (1) .\nIndicating the film has the classification that applied before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect.\nSee the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\ns 36 amd 1996 No. 56 s 81 ; 2017 No. 17 s 66\n(sec.36-ssec.1) A person must not display for sale or sell, or attempt to display for sale or sell, to a person a classified film if the container, wrapping or casing in which the film is contained bears a mark or other matter indicating that the film is not classified or that the film has a classification other than its classification under the Commonwealth Act. Maximum penalty—60 penalty units or imprisonment for 6 months.\n(sec.36-ssec.2) Subsection (3) applies if the board— reclassifies a film under the Commonwealth Act , section 39 ; or revokes a classification for a film under the Commonwealth Act , section 22B (3) or 22CH (1) .\n(sec.36-ssec.3) Indicating the film has the classification that applied before the reclassification or revocation is sufficient compliance with subsection (1) for the period of 30 days after the day the reclassification or revocation takes effect. See the Commonwealth Act , sections 22CH (7) and 28 in relation to when the reclassification or revocation takes effect.\n- (a) reclassifies a film under the Commonwealth Act , section 39 ; or\n- (b) revokes a classification for a film under the Commonwealth Act , section 22B (3) or 22CH (1) .","sortOrder":52},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Prohibition against sale of certain films","content":"### sec.36A Prohibition against sale of certain films\n\nA person must not display for sale or sell, or attempt to display for sale or sell, a film unless the film is displayed for sale or sold with the same title as the title under which it is classified.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a film contained on a single device consisting only of 2 or more classified films.\nA person must not display for sale or sell, or attempt to display for sale or sell, a classified film other than in the form, without alteration or addition, in which it is classified.\nMaximum penalty—50 penalty units.\nSubsection (3) does not apply in relation to an alteration or addition of a film that consists of a modification mentioned in the Commonwealth Act , section 20A (2) (a) to (e) or 21 (2) (a) to (d) or (3) .\ns 36A ins 2008 No. 51 s 25\namd 2017 No. 17 s 67\n(sec.36A-ssec.1) A person must not display for sale or sell, or attempt to display for sale or sell, a film unless the film is displayed for sale or sold with the same title as the title under which it is classified. Maximum penalty—50 penalty units.\n(sec.36A-ssec.2) Subsection (1) does not apply to a film contained on a single device consisting only of 2 or more classified films.\n(sec.36A-ssec.3) A person must not display for sale or sell, or attempt to display for sale or sell, a classified film other than in the form, without alteration or addition, in which it is classified. Maximum penalty—50 penalty units.\n(sec.36A-ssec.4) Subsection (3) does not apply in relation to an alteration or addition of a film that consists of a modification mentioned in the Commonwealth Act , section 20A (2) (a) to (e) or 21 (2) (a) to (d) or (3) .","sortOrder":53},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objectionable films","content":"# Objectionable films","sortOrder":54},{"sectionNumber":"sec.37","sectionType":"section","heading":"Public exhibition of objectionable film","content":"### sec.37 Public exhibition of objectionable film\n\nA person must not exhibit, or attempt to exhibit, an objectionable film in such a way that it can be seen by persons in a public place.\nMaximum penalty—20 penalty units.","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":"Exhibition of an R 18+ or objectionable film before a minor","content":"### sec.38 Exhibition of an R 18+ or objectionable film before a minor\n\nA person must not exhibit, or attempt to exhibit, a film classified as an R 18+ film in a place that is not a public place in the presence of a minor unless the person is a parent or guardian of the minor or has the consent of a parent or guardian of the minor.\nMaximum penalty—50 penalty units.\nA person must not exhibit, or attempt to exhibit, an objectionable film in a place that is not a public place in the presence of a minor.\nMaximum penalty—100 penalty units.\ns 38 amd 2005 No. 24 s 26 ; 2013 No. 3 s 34\n(sec.38-ssec.1) A person must not exhibit, or attempt to exhibit, a film classified as an R 18+ film in a place that is not a public place in the presence of a minor unless the person is a parent or guardian of the minor or has the consent of a parent or guardian of the minor. Maximum penalty—50 penalty units.\n(sec.38-ssec.2) A person must not exhibit, or attempt to exhibit, an objectionable film in a place that is not a public place in the presence of a minor. Maximum penalty—100 penalty units.","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":"Display and sale of objectionable film prohibited","content":"### sec.39 Display and sale of objectionable film prohibited\n\nA person must not display for sale or sell, or attempt to display for sale or sell, an objectionable film.\nMaximum penalty—\nin the case of a film that is or would, if classified, be classified as an X 18+ film under the Commonwealth Act—60 penalty units or imprisonment for 6 months; or\nin any other case—250 penalty units or imprisonment for 2 years.\ns 39 amd 1996 No. 56 s 82 ; 2005 No. 24 s 27\n- (a) in the case of a film that is or would, if classified, be classified as an X 18+ film under the Commonwealth Act—60 penalty units or imprisonment for 6 months; or\n- (b) in any other case—250 penalty units or imprisonment for 2 years.","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Keeping together of classified and objectionable films prohibited","content":"### sec.40 Keeping together of classified and objectionable films prohibited\n\nA person must not, on any premises on or from which classified films are sold or displayed for the purposes of sale, keep or have possession of an objectionable film.\nMaximum penalty—\nin the case of a film that is or would, if classified, be classified as an X 18+ film under the Commonwealth Act—60 penalty units or imprisonment for 6 months; or\nin any other case—250 penalty units or imprisonment for 2 years.\ns 40 amd 1996 No. 56 s 83 ; 2005 No. 24 s 28\n- (a) in the case of a film that is or would, if classified, be classified as an X 18+ film under the Commonwealth Act—60 penalty units or imprisonment for 6 months; or\n- (b) in any other case—250 penalty units or imprisonment for 2 years.","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Possession of objectionable film","content":"### sec.41 Possession of objectionable film\n\nA person must not have possession of an objectionable film for the purpose of sale.\nMaximum penalty—\nin the case of a film that is or would, if classified, be classified as an X 18+ film under the Commonwealth Act—60 penalty units or imprisonment for 6 months; or\nin any other case—250 penalty units or imprisonment for 2 years.\nA person must not have possession of an objectionable film for the purpose of exhibition in a public place.\nMaximum penalty—250 penalty units or imprisonment for 2 years.\nA person must not knowingly have possession of a child abuse film.\nMaximum penalty—150 penalty units or 12 months imprisonment.\ns 41 amd 1993 No. 15 s 13 ; 1995 No. 50 s 3 sch ; 1996 No. 56 s 84 ; 2005 No. 24 s 29\n(sec.41-ssec.1) A person must not have possession of an objectionable film for the purpose of sale. Maximum penalty— in the case of a film that is or would, if classified, be classified as an X 18+ film under the Commonwealth Act—60 penalty units or imprisonment for 6 months; or in any other case—250 penalty units or imprisonment for 2 years.\n(sec.41-ssec.2) A person must not have possession of an objectionable film for the purpose of exhibition in a public place. Maximum penalty—250 penalty units or imprisonment for 2 years.\n(sec.41-ssec.3) A person must not knowingly have possession of a child abuse film. Maximum penalty—150 penalty units or 12 months imprisonment.\n- (a) in the case of a film that is or would, if classified, be classified as an X 18+ film under the Commonwealth Act—60 penalty units or imprisonment for 6 months; or\n- (b) in any other case—250 penalty units or imprisonment for 2 years.","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"Making objectionable film","content":"### sec.42 Making objectionable film\n\nA person must not, for the purpose of gain, make or produce, or attempt to make or produce, an objectionable film.\nMaximum penalty—250 penalty units or imprisonment for 2 years.\nA person must not, for the purpose of gain, copy, or attempt to copy, an objectionable film.\nMaximum penalty—250 penalty units or imprisonment for 2 years.\nA person must not make, or attempt to make, a child abuse film.\nMaximum penalty—1000 penalty units or imprisonment for 5 years.\nA person must not copy, or attempt to copy, a child abuse film.\nMaximum penalty—800 penalty units or imprisonment for 3 years.\n(sec.42-ssec.1) A person must not, for the purpose of gain, make or produce, or attempt to make or produce, an objectionable film. Maximum penalty—250 penalty units or imprisonment for 2 years.\n(sec.42-ssec.2) A person must not, for the purpose of gain, copy, or attempt to copy, an objectionable film. Maximum penalty—250 penalty units or imprisonment for 2 years.\n(sec.42-ssec.3) A person must not make, or attempt to make, a child abuse film. Maximum penalty—1000 penalty units or imprisonment for 5 years.\n(sec.42-ssec.4) A person must not copy, or attempt to copy, a child abuse film. Maximum penalty—800 penalty units or imprisonment for 3 years.","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":"Procurement of minor for objectionable film","content":"### sec.43 Procurement of minor for objectionable film\n\nA person must not procure, or attempt to procure, a minor to be in any way concerned in the making or production of an objectionable film.\nMaximum penalty—800 penalty units or imprisonment for 3 years.","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"No liability in certain circumstances","content":"### sec.44 No liability in certain circumstances\n\nA person is not guilty of an offence against section 41 or 42 (1) in relation to an objectionable film of a kind mentioned in subsection (3) if—\nthe person took all reasonable steps to obtain classification of the film, having regard to the stage of making or production of the film or the time that has elapsed since making or production of the film; and\nthe person believes on reasonable grounds that the film will be classified other than X 18+ or RC.\nFor subsection (2) , the kinds of objectionable film are—\na film that would be classified RC because it depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; and\na film that would be classified X 18+ because it—\nexplicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and\nis unsuitable for a minor to view.\ns 44 amd 1996 No. 56 s 85 ; 2005 No. 24 s 30\n(sec.44-ssec.2) A person is not guilty of an offence against section 41 or 42 (1) in relation to an objectionable film of a kind mentioned in subsection (3) if— the person took all reasonable steps to obtain classification of the film, having regard to the stage of making or production of the film or the time that has elapsed since making or production of the film; and the person believes on reasonable grounds that the film will be classified other than X 18+ or RC.\n(sec.44-ssec.3) For subsection (2) , the kinds of objectionable film are— a film that would be classified RC because it depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; and a film that would be classified X 18+ because it— explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and is unsuitable for a minor to view.\n- (a) the person took all reasonable steps to obtain classification of the film, having regard to the stage of making or production of the film or the time that has elapsed since making or production of the film; and\n- (b) the person believes on reasonable grounds that the film will be classified other than X 18+ or RC.\n- (a) a film that would be classified RC because it depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; and\n- (b) a film that would be classified X 18+ because it— (i) explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and (ii) is unsuitable for a minor to view.\n- (i) explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and\n- (ii) is unsuitable for a minor to view.\n- (i) explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or nonconsent of any kind, in a way that it is likely to offend a reasonable adult; and\n- (ii) is unsuitable for a minor to view.","sortOrder":62},{"sectionNumber":"pt.6","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":63},{"sectionNumber":"sec.45","sectionType":"section","heading":"Inspector to produce identity card","content":"### sec.45 Inspector to produce identity card\n\nAn inspector who is not a police officer is not entitled to exercise powers under this part in relation to another person unless the inspector first produces the inspector’s identity card for inspection by the person.","sortOrder":64},{"sectionNumber":"sec.46","sectionType":"section","heading":"Entry and search—monitoring compliance","content":"### sec.46 Entry and search—monitoring compliance\n\nSubject to subsection (2) , an inspector may, for the purpose of finding out whether the requirements of this Act are being complied with—\nenter or board any place; and\nexercise the powers set out in section 48 .\nAn inspector must not enter or board a place, or exercise a power under subsection (1) , unless—\nthe occupier of the place (if any) consents to the entry or boarding or exercise of the power; or\na warrant under section 49 authorises the entry or exercise of the power; or\nthe place is premises, or that part of premises, to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public.\nAn inspector who is permitted by this section to enter or board a vehicle, vessel or aircraft may, for the purpose of effecting the entry or boarding and for the purpose of exercising any powers that the inspector is permitted to exercise, stop and detain the vehicle, vessel or aircraft.\n(sec.46-ssec.1) Subject to subsection (2) , an inspector may, for the purpose of finding out whether the requirements of this Act are being complied with— enter or board any place; and exercise the powers set out in section 48 .\n(sec.46-ssec.2) An inspector must not enter or board a place, or exercise a power under subsection (1) , unless— the occupier of the place (if any) consents to the entry or boarding or exercise of the power; or a warrant under section 49 authorises the entry or exercise of the power; or the place is premises, or that part of premises, to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public.\n(sec.46-ssec.3) An inspector who is permitted by this section to enter or board a vehicle, vessel or aircraft may, for the purpose of effecting the entry or boarding and for the purpose of exercising any powers that the inspector is permitted to exercise, stop and detain the vehicle, vessel or aircraft.\n- (a) enter or board any place; and\n- (b) exercise the powers set out in section 48 .\n- (a) the occupier of the place (if any) consents to the entry or boarding or exercise of the power; or\n- (b) a warrant under section 49 authorises the entry or exercise of the power; or\n- (c) the place is premises, or that part of premises, to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public.","sortOrder":65},{"sectionNumber":"sec.47","sectionType":"section","heading":"Entry and search—evidence of offences","content":"### sec.47 Entry and search—evidence of offences\n\nSubject to subsection (3) , if an inspector has reasonable grounds for suspecting that there is in or on a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the inspector may—\nenter or board the place; and\nexercise the powers set out in section 48 .\nIf an inspector enters or boards the place and finds the evidence, the following provisions have effect—\nthe inspector may seize the evidence;\nsubject to section 63 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings;\nif the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.\nAn inspector must not enter or board the place or exercise a power under subsection (1) unless—\nthe occupier (if any) of the place consents to the entry or boarding or exercise of the power; or\na warrant under section 50 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power.\nIf in the course of searching the place under subsection (1) under a warrant under section 50 , an inspector—\nfinds a thing that the inspector believes, on reasonable grounds to be—\na thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\na thing that will afford evidence of the commission of another offence against this Act; and\nthe inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent—\nits concealment, loss or destruction; or\nits use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;\nsubsection (2) applies to the thing as if it were the evidence.\ns 47 amd 1996 No. 56 s 86\n(sec.47-ssec.1) Subject to subsection (3) , if an inspector has reasonable grounds for suspecting that there is in or on a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the inspector may— enter or board the place; and exercise the powers set out in section 48 .\n(sec.47-ssec.2) If an inspector enters or boards the place and finds the evidence, the following provisions have effect— the inspector may seize the evidence; subject to section 63 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.\n(sec.47-ssec.3) An inspector must not enter or board the place or exercise a power under subsection (1) unless— the occupier (if any) of the place consents to the entry or boarding or exercise of the power; or a warrant under section 50 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power.\n(sec.47-ssec.4) If in the course of searching the place under subsection (1) under a warrant under section 50 , an inspector— finds a thing that the inspector believes, on reasonable grounds to be— a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or a thing that will afford evidence of the commission of another offence against this Act; and the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent— its concealment, loss or destruction; or its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence.\n- (a) enter or board the place; and\n- (b) exercise the powers set out in section 48 .\n- (a) the inspector may seize the evidence;\n- (b) subject to section 63 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings;\n- (c) if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.\n- (a) the occupier (if any) of the place consents to the entry or boarding or exercise of the power; or\n- (b) a warrant under section 50 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power.\n- (a) finds a thing that the inspector believes, on reasonable grounds to be— (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\n- (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;\n- (i) its concealment, loss or destruction; or\n- (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;\n- (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\n- (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (i) its concealment, loss or destruction; or\n- (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;","sortOrder":66},{"sectionNumber":"sec.48","sectionType":"section","heading":"General powers of inspector in relation to places","content":"### sec.48 General powers of inspector in relation to places\n\nThe powers an inspector may exercise under section 46 (1) (b) or 47 (1) (b) in relation to a place are as follows—\nto search any part of the place;\nto inspect or examine anything in or on the place;\nto take extracts from, and make copies of, any documents in or on the place;\nto take into or onto the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place;\nto require the occupier or any person in or on the place to give to the inspector reasonable assistance in relation to the exercise of the inspector’s powers mentioned in paragraphs (a) to (d) .\nA person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) .\nMaximum penalty—10 penalty units.\nIt is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.\n(sec.48-ssec.1) The powers an inspector may exercise under section 46 (1) (b) or 47 (1) (b) in relation to a place are as follows— to search any part of the place; to inspect or examine anything in or on the place; to take extracts from, and make copies of, any documents in or on the place; to take into or onto the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place; to require the occupier or any person in or on the place to give to the inspector reasonable assistance in relation to the exercise of the inspector’s powers mentioned in paragraphs (a) to (d) .\n(sec.48-ssec.2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) . Maximum penalty—10 penalty units.\n(sec.48-ssec.3) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.\n- (a) to search any part of the place;\n- (b) to inspect or examine anything in or on the place;\n- (c) to take extracts from, and make copies of, any documents in or on the place;\n- (d) to take into or onto the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place;\n- (e) to require the occupier or any person in or on the place to give to the inspector reasonable assistance in relation to the exercise of the inspector’s powers mentioned in paragraphs (a) to (d) .","sortOrder":67},{"sectionNumber":"sec.49","sectionType":"section","heading":"Monitoring warrants","content":"### sec.49 Monitoring warrants\n\nAn inspector may apply to a magistrate for a warrant under this section in relation to a particular place (other than a dwelling or that part of premises used as a dwelling).\nSubject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with.\nIf the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise the inspector, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section 48 ; and\nstate whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\nspecify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purpose for which the warrant is issued.\n(sec.49-ssec.1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place (other than a dwelling or that part of premises used as a dwelling).\n(sec.49-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with.\n(sec.49-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.49-ssec.4) The warrant must— authorise the inspector, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 48 ; and state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.\n- (a) authorise the inspector, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 48 ; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 48 ; and\n- (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n- (c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purpose for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 48 ; and","sortOrder":68},{"sectionNumber":"sec.50","sectionType":"section","heading":"Offence-related warrants","content":"### sec.50 Offence-related warrants\n\nAn inspector may apply to a magistrate for a warrant under this section in relation to a particular place.\nSubject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act.\nIf the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise the inspector, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section 48 ; and\nto seize the evidence; and\nstate whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\nspecify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purposes for which the warrant is issued.\n(sec.50-ssec.1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place.\n(sec.50-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act.\n(sec.50-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.50-ssec.4) The warrant must— authorise the inspector, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 48 ; and to seize the evidence; and state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purposes for which the warrant is issued.\n- (a) authorise the inspector, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 48 ; and (iii) to seize the evidence; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 48 ; and\n- (iii) to seize the evidence; and\n- (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n- (c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purposes for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 48 ; and\n- (iii) to seize the evidence; and","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":"Offence-related warrant may be granted by telephone","content":"### sec.51 Offence-related warrant may be granted by telephone\n\nIf, because of circumstances of urgency, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 50 .\nBefore applying for the warrant, the inspector must prepare an information of the kind mentioned in section 50 (2) that sets out the grounds on which the issue of the warrant is sought.\nIf it is necessary to do so, an inspector may apply for the warrant before the information has been sworn.\nIf the magistrate is satisfied—\nafter having considered the terms of the information; and\nafter having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;\nthat there are reasonable grounds for issuing the warrant, the magistrate may, under section 50 , complete and sign such warrant as the magistrate would issue under that section if the application had been made under that section.\nIf the magistrate completes and signs the warrant—\nthe magistrate must—\ntell the inspector what the terms of the warrant are; and\ntell the inspector the day on which and the time at which the warrant was signed; and\nrecord on the warrant the reasons for granting the warrant; and\nthe inspector must—\ncomplete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\nwrite on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\nThe inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the magistrate—\nthe form of warrant completed by the inspector; and\nthe information mentioned in subsection (2) , which must have been duly sworn.\nWhen the magistrate receives the documents mentioned in subsection (6) , the magistrate must—\nattach them to the warrant that the magistrate completed and signed; and\ndeal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 50 .\nA form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\nIf—\nit is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\nthe warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;\nthe court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n(sec.51-ssec.1) If, because of circumstances of urgency, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 50 .\n(sec.51-ssec.2) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 50 (2) that sets out the grounds on which the issue of the warrant is sought.\n(sec.51-ssec.3) If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn.\n(sec.51-ssec.4) If the magistrate is satisfied— after having considered the terms of the information; and after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate may, under section 50 , complete and sign such warrant as the magistrate would issue under that section if the application had been made under that section.\n(sec.51-ssec.5) If the magistrate completes and signs the warrant— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the day on which and the time at which the warrant was signed; and record on the warrant the reasons for granting the warrant; and the inspector must— complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n(sec.51-ssec.6) The inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the magistrate— the form of warrant completed by the inspector; and the information mentioned in subsection (2) , which must have been duly sworn.\n(sec.51-ssec.7) When the magistrate receives the documents mentioned in subsection (6) , the magistrate must— attach them to the warrant that the magistrate completed and signed; and deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 50 .\n(sec.51-ssec.8) A form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\n(sec.51-ssec.9) If— it is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n- (a) after having considered the terms of the information; and\n- (b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;\n- (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the day on which and the time at which the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant; and\n- (i) tell the inspector what the terms of the warrant are; and\n- (ii) tell the inspector the day on which and the time at which the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant; and\n- (b) the inspector must— (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (ii) write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n- (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n- (ii) write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n- (i) tell the inspector what the terms of the warrant are; and\n- (ii) tell the inspector the day on which and the time at which the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant; and\n- (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n- (ii) write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n- (a) the form of warrant completed by the inspector; and\n- (b) the information mentioned in subsection (2) , which must have been duly sworn.\n- (a) attach them to the warrant that the magistrate completed and signed; and\n- (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 50 .\n- (a) it is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\n- (b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;","sortOrder":70},{"sectionNumber":"sec.52","sectionType":"section","heading":"Additional power of inspector to seize films","content":"### sec.52 Additional power of inspector to seize films\n\nThis section applies if—\na person makes a complaint to an inspector about a film; and\nthe inspector reasonably believes the film is an objectionable film.\nThe inspector may seize the film from any place the inspector may lawfully enter or board.\nAn inspector who seizes a film under subsection (2) must, as soon as practicable, submit the film to the board for classification.\nIf a film seized under subsection (2) is classified, the inspector must, as soon as practicable after it is classified, return the film to the person who appears to be entitled to it.\nSubsection (4) does not apply if the film is classified as an X 18+ or RC film.\ns 52 ins 2008 No. 51 s 26\nsub 2017 No. 17 s 68\n(sec.52-ssec.1) This section applies if— a person makes a complaint to an inspector about a film; and the inspector reasonably believes the film is an objectionable film.\n(sec.52-ssec.2) The inspector may seize the film from any place the inspector may lawfully enter or board.\n(sec.52-ssec.3) An inspector who seizes a film under subsection (2) must, as soon as practicable, submit the film to the board for classification.\n(sec.52-ssec.4) If a film seized under subsection (2) is classified, the inspector must, as soon as practicable after it is classified, return the film to the person who appears to be entitled to it.\n(sec.52-ssec.5) Subsection (4) does not apply if the film is classified as an X 18+ or RC film.\n- (a) a person makes a complaint to an inspector about a film; and\n- (b) the inspector reasonably believes the film is an objectionable film.","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Inspector may require name and address","content":"### sec.53 Inspector may require name and address\n\nAn inspector who—\nfinds a person committing, or finds a person that the inspector reasonably suspects of having committed, an offence against this Act; or\nis making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by a person; or\nreasonably believes that the name and address of a person is required for the purpose of—\ngiving effect to a provision of this Act; or\nenabling the inspector to carry out the inspector’s functions under this Act;\nmay require the person to state the person’s name and address and, if the inspector has reasonable grounds to believe that the name or address given is false, may require evidence of its correctness.\nA person who is required under subsection (1) to state the person’s name or address must not—\nfail to comply with the requirement; or\nstate a false name or address.\nMaximum penalty—50 penalty units.\nA person who is required under subsection (1) to give evidence of the correctness of a name or address must not fail to give the evidence or give false evidence.\nMaximum penalty—50 penalty units.\n(sec.53-ssec.1) An inspector who— finds a person committing, or finds a person that the inspector reasonably suspects of having committed, an offence against this Act; or is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by a person; or reasonably believes that the name and address of a person is required for the purpose of— giving effect to a provision of this Act; or enabling the inspector to carry out the inspector’s functions under this Act; may require the person to state the person’s name and address and, if the inspector has reasonable grounds to believe that the name or address given is false, may require evidence of its correctness.\n(sec.53-ssec.2) A person who is required under subsection (1) to state the person’s name or address must not— fail to comply with the requirement; or state a false name or address. Maximum penalty—50 penalty units.\n(sec.53-ssec.3) A person who is required under subsection (1) to give evidence of the correctness of a name or address must not fail to give the evidence or give false evidence. Maximum penalty—50 penalty units.\n- (a) finds a person committing, or finds a person that the inspector reasonably suspects of having committed, an offence against this Act; or\n- (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by a person; or\n- (c) reasonably believes that the name and address of a person is required for the purpose of— (i) giving effect to a provision of this Act; or (ii) enabling the inspector to carry out the inspector’s functions under this Act;\n- (i) giving effect to a provision of this Act; or\n- (ii) enabling the inspector to carry out the inspector’s functions under this Act;\n- (i) giving effect to a provision of this Act; or\n- (ii) enabling the inspector to carry out the inspector’s functions under this Act;\n- (a) fail to comply with the requirement; or\n- (b) state a false name or address.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Obstruction etc. of inspectors","content":"### sec.54 Obstruction etc. of inspectors\n\nA person must not, without reasonable excuse, obstruct, hinder or resist an inspector in the exercise of a power under this Act.\nMaximum penalty—50 penalty units.","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"False or misleading statements","content":"### sec.55 False or misleading statements\n\nA person must not—\nmake a statement to an inspector that the person knows is false or misleading in a material particular; or\nomit from a statement made to an inspector any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular; or\ngive to an inspector a document containing information that the person knows is false, misleading or incomplete in a material particular without—\nindicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\nproviding correct information to the inspector if the person has, or can reasonably obtain, the correct information.\nMaximum penalty—50 penalty units.\n- (a) make a statement to an inspector that the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to an inspector any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular; or\n- (c) give to an inspector a document containing information that the person knows is false, misleading or incomplete in a material particular without— (i) indicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (ii) providing correct information to the inspector if the person has, or can reasonably obtain, the correct information.\n- (i) indicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\n- (ii) providing correct information to the inspector if the person has, or can reasonably obtain, the correct information.\n- (i) indicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\n- (ii) providing correct information to the inspector if the person has, or can reasonably obtain, the correct information.","sortOrder":74},{"sectionNumber":"pt.7","sectionType":"part","heading":null,"content":"","sortOrder":75},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":76},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 amd 2008 No. 59 s 20 ; 2009 No. 48 s 207\nsub 2013 No. 3 s 36\nom 2017 No. 17 s 69","sortOrder":77},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 amd 2008 No. 59 s 21\nsub 2013 No. 3 s 36\nom 2017 No. 17 s 69","sortOrder":78},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 amd 2005 No. 4 s 30 sch 1 ; 2008 No. 59 s 22\nom 2013 No. 3 s 36","sortOrder":79},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 sub 2008 No. 51 s 27 ; 2009 No. 24 s 1382\nom 2013 No. 3 s 36","sortOrder":80},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":81},{"sectionNumber":"sec.59A","sectionType":"section","heading":null,"content":"### Section sec.59A\n\ns 59A ins 2013 No. 3 s 37\nom 2017 No. 17 s 69","sortOrder":82},{"sectionNumber":"sec.59B","sectionType":"section","heading":null,"content":"### Section sec.59B\n\ns 59B ins 2013 No. 3 s 37\nom 2017 No. 17 s 69","sortOrder":83},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":84},{"sectionNumber":"sec.60","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.60 Evidentiary provisions\n\nIn a proceeding for an offence against this Act, a document purporting to be a certificate given by the director or the convenor under the Commonwealth Act , section 25 or 87 and stating any of the following matters is evidence of the matter—\nwhether a stated film has been classified;\nif a stated film has been classified—the classification given to the film;\nwhether a stated advertisement has been approved, or refused approval, under the Commonwealth Act , section 29 .\nIn a proceeding for an offence against this Act, it is not necessary to prove the complainant’s authority to start the proceeding.\ns 60 amd 1993 No. 15 s 14 ; 1996 No. 56 s 87 ; 2005 No. 24 s 31 ; 2008 No. 51 s 28 ; 2017 No. 17 s 70\n(sec.60-ssec.1) In a proceeding for an offence against this Act, a document purporting to be a certificate given by the director or the convenor under the Commonwealth Act , section 25 or 87 and stating any of the following matters is evidence of the matter— whether a stated film has been classified; if a stated film has been classified—the classification given to the film; whether a stated advertisement has been approved, or refused approval, under the Commonwealth Act , section 29 .\n(sec.60-ssec.2) In a proceeding for an offence against this Act, it is not necessary to prove the complainant’s authority to start the proceeding.\n- (a) whether a stated film has been classified;\n- (b) if a stated film has been classified—the classification given to the film;\n- (c) whether a stated advertisement has been approved, or refused approval, under the Commonwealth Act , section 29 .","sortOrder":85},{"sectionNumber":"sec.61","sectionType":"section","heading":"Indictable offences and summary offences","content":"### sec.61 Indictable offences and summary offences\n\nAn offence—\nagainst section 43 (Procurement of minor for objectionable film); or\nagainst another provision of this Act involving a child abuse film;\nis punishable on indictment.\nAny other offence against this Act is punishable summarily.\nAn indictable offence against this Act may, at the election of the defendant, be heard and determined summarily.\nA complaint under the Justices Act 1886 for a summary offence against this Act may be made only by a person authorised in writing by the Minister.\nFor subsection (4) , the Minister may authorise a person either generally or in relation to a stated complaint.\ns 61 amd 2017 No. 17 s 71\n(sec.61-ssec.1) An offence— against section 43 (Procurement of minor for objectionable film); or against another provision of this Act involving a child abuse film; is punishable on indictment.\n(sec.61-ssec.2) Any other offence against this Act is punishable summarily.\n(sec.61-ssec.3) An indictable offence against this Act may, at the election of the defendant, be heard and determined summarily.\n(sec.61-ssec.4) A complaint under the Justices Act 1886 for a summary offence against this Act may be made only by a person authorised in writing by the Minister.\n(sec.61-ssec.5) For subsection (4) , the Minister may authorise a person either generally or in relation to a stated complaint.\n- (a) against section 43 (Procurement of minor for objectionable film); or\n- (b) against another provision of this Act involving a child abuse film;","sortOrder":86},{"sectionNumber":"sec.62","sectionType":"section","heading":"Forfeiture","content":"### sec.62 Forfeiture\n\nIf a person is convicted of an offence against this Act that relates to an objectionable film, the court by or before which the person is convicted may, in addition to imposing any penalty, order that the film or anything used in connection with the commission of the offence be forfeited.\nA film or thing that is forfeited under subsection (1) may be destroyed or otherwise dealt with as directed by the Minister.\n(sec.62-ssec.1) If a person is convicted of an offence against this Act that relates to an objectionable film, the court by or before which the person is convicted may, in addition to imposing any penalty, order that the film or anything used in connection with the commission of the offence be forfeited.\n(sec.62-ssec.2) A film or thing that is forfeited under subsection (1) may be destroyed or otherwise dealt with as directed by the Minister.","sortOrder":87},{"sectionNumber":"sec.63","sectionType":"section","heading":"Return of seized films","content":"### sec.63 Return of seized films\n\nAn inspector who seizes a film must, unless otherwise ordered by a court, return the film to the person who is entitled to possession of it if—\nit is not required as evidence in a proceeding for an offence against this or any other Act; and\nall proceedings (if any) instituted for an offence in relation to the film are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the film.\nSubsection (1) does not apply to a child abuse film.\n(sec.63-ssec.1) An inspector who seizes a film must, unless otherwise ordered by a court, return the film to the person who is entitled to possession of it if— it is not required as evidence in a proceeding for an offence against this or any other Act; and all proceedings (if any) instituted for an offence in relation to the film are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the film.\n(sec.63-ssec.2) Subsection (1) does not apply to a child abuse film.\n- (a) it is not required as evidence in a proceeding for an offence against this or any other Act; and\n- (b) all proceedings (if any) instituted for an offence in relation to the film are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the film.","sortOrder":88},{"sectionNumber":"sec.64","sectionType":"section","heading":"Certain classified films not indecent or obscene","content":"### sec.64 Certain classified films not indecent or obscene\n\nA classified film is not an indecent or obscene publication for the purposes of the Criminal Code .\nSubsection (1) does not apply to a film classified X 18+ or RC.\nAlso, to the extent a film is subject to a conditional cultural exemption in relation to a relevant showing, the film is not indecent or obscene material for the purposes of the Criminal Code .\ns 64 amd 1996 No. 56 s 88 ; 2005 No. 4 s 30 sch 1 ; 2005 No. 24 s 32 ; 2017 No. 17 s 72\n(sec.64-ssec.1) A classified film is not an indecent or obscene publication for the purposes of the Criminal Code .\n(sec.64-ssec.2) Subsection (1) does not apply to a film classified X 18+ or RC.\n(sec.64-ssec.3) Also, to the extent a film is subject to a conditional cultural exemption in relation to a relevant showing, the film is not indecent or obscene material for the purposes of the Criminal Code .","sortOrder":89},{"sectionNumber":"sec.65","sectionType":"section","heading":"Regulation-making power","content":"### sec.65 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act.\nA regulation may make provision with respect to—\nthe appointment of a registrar for the purposes of this Act; and\nthe registration and the cancellation of the registration of exhibitors and persons who sell films; and\nthe fees to be paid for the purposes of this Act.\nA regulation may prescribe penalties of fines of not more than 20 penalty units for offences against a regulation.\nA regulation may prohibit the exhibition, or sale of films by persons who are not registered under the regulations.\ns 65 amd 1993 No. 15 s 15 , s 3 sch ; 2008 No. 51 s 29\n(sec.65-ssec.1) The Governor in Council may make regulations for the purposes of this Act.\n(sec.65-ssec.2) A regulation may make provision with respect to— the appointment of a registrar for the purposes of this Act; and the registration and the cancellation of the registration of exhibitors and persons who sell films; and the fees to be paid for the purposes of this Act.\n(sec.65-ssec.3) A regulation may prescribe penalties of fines of not more than 20 penalty units for offences against a regulation.\n(sec.65-ssec.4) A regulation may prohibit the exhibition, or sale of films by persons who are not registered under the regulations.\n- (a) the appointment of a registrar for the purposes of this Act; and\n- (b) the registration and the cancellation of the registration of exhibitors and persons who sell films; and\n- (c) the fees to be paid for the purposes of this Act.","sortOrder":90},{"sectionNumber":"sec.66","sectionType":"section","heading":"Chief executive may approve forms","content":"### sec.66 Chief executive may approve forms\n\nThe chief executive may approve a form for use under this Act.\nA person may request the chief executive to give the person a document setting out a form approved under subsection (1) .\nThe chief executive must promptly comply with a request under subsection (2) .\ns 66 prev s 66 om 1992 No. 36 s 2 sch 2\npres s 66 ins 1993 No. 15 s 16\n(sec.66-ssec.1) The chief executive may approve a form for use under this Act.\n(sec.66-ssec.2) A person may request the chief executive to give the person a document setting out a form approved under subsection (1) .\n(sec.66-ssec.3) The chief executive must promptly comply with a request under subsection (2) .","sortOrder":91},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Protection of officials from criminal liability","content":"### sec.66A Protection of officials from criminal liability\n\nAn official is not criminally liable for an act done honestly and without negligence in the performance of the official’s functions under this Act.\nIn this section—\nofficial means any of the following persons—\nthe convenor;\nthe director;\nan inspector;\na public service employee assisting a person mentioned in paragraph (c) .\ns 66A ins 2013 No. 3 s 38\namd 2017 No. 17 s 73\n(sec.66A-ssec.1) An official is not criminally liable for an act done honestly and without negligence in the performance of the official’s functions under this Act.\n(sec.66A-ssec.2) In this section— official means any of the following persons— the convenor; the director; an inspector; a public service employee assisting a person mentioned in paragraph (c) .\n- (a) the convenor;\n- (b) the director;\n- (c) an inspector;\n- (d) a public service employee assisting a person mentioned in paragraph (c) .","sortOrder":92},{"sectionNumber":"pt.9","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":93},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Classification of Films Amendment Act 1993 No. 15","content":"## Classification of Films Amendment Act 1993 No. 15","sortOrder":94},{"sectionNumber":"sec.67","sectionType":"section","heading":"Existing regulations","content":"### sec.67 Existing regulations\n\nA regulation in force immediately before the commencement of this section continues to have effect after the commencement as if it had been made immediately after the commencement.\ns 67 sub 1993 No. 15 s 17","sortOrder":95},{"sectionNumber":"sec.68","sectionType":"section","heading":"Transitional provisions relating to “MA” films","content":"### sec.68 Transitional provisions relating to “MA” films\n\nA film that, between 1 May 1993 and the commencement of this section, is classified—\nas an “M” film under section 9; and\nas an “MA” film under the Classification of Publications and Films Act of the Northern Territory;\nis, after the commencement, taken to be classified as an “MA” film under this Act.\ns 68 ins 1993 No. 15 s 17\n- (a) as an “M” film under section 9; and\n- (b) as an “MA” film under the Classification of Publications and Films Act of the Northern Territory;","sortOrder":96},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996 No. 56","content":"## Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996 No. 56","sortOrder":97},{"sectionNumber":"sec.69","sectionType":"section","heading":"Existing classifications","content":"### sec.69 Existing classifications\n\nA film classified “G”, “PG”, “M”, “MA”, “R” or “X” under this Act before the commencement of this section is taken, from the commencement, to be, for the purposes of this Act, a film classified as “G”, “PG”, “M”, “MA”, “R” or “X”, respectively, under the Commonwealth Act.\nA film refused classification under this Act before the commencement of this section is taken, from the commencement, to be, for the purposes of this Act, a film classified as “RC” under the Commonwealth Act.\nIf, under this Act and before the commencement of this section, an advertisement for a film—\nis approved—the advertisement is taken, from the commencement, to be, for the purposes of this Act, an advertisement approved under the Commonwealth Act for the film; or\nis not approved—the advertisement is taken, from the commencement, not to be, for the purposes of this Act, an advertisement approved under the Commonwealth Act for the film immediately after the commencement.\nIf an application for classification or approval is made under this Act and is not decided before the commencement of this section, the application is taken, from the commencement, to be, for the purposes of this Act, an application made under the Commonwealth Act.\ns 69 prev s 69 ins 1996 No. 51 s 4 sch\nexp 22 November 1996 (see prev s 69(5))\npres s 69 ins 1996 No. 56 s 89\n(sec.69-ssec.1) A film classified “G”, “PG”, “M”, “MA”, “R” or “X” under this Act before the commencement of this section is taken, from the commencement, to be, for the purposes of this Act, a film classified as “G”, “PG”, “M”, “MA”, “R” or “X”, respectively, under the Commonwealth Act.\n(sec.69-ssec.2) A film refused classification under this Act before the commencement of this section is taken, from the commencement, to be, for the purposes of this Act, a film classified as “RC” under the Commonwealth Act.\n(sec.69-ssec.3) If, under this Act and before the commencement of this section, an advertisement for a film— is approved—the advertisement is taken, from the commencement, to be, for the purposes of this Act, an advertisement approved under the Commonwealth Act for the film; or is not approved—the advertisement is taken, from the commencement, not to be, for the purposes of this Act, an advertisement approved under the Commonwealth Act for the film immediately after the commencement.\n(sec.69-ssec.4) If an application for classification or approval is made under this Act and is not decided before the commencement of this section, the application is taken, from the commencement, to be, for the purposes of this Act, an application made under the Commonwealth Act.\n- (a) is approved—the advertisement is taken, from the commencement, to be, for the purposes of this Act, an advertisement approved under the Commonwealth Act for the film; or\n- (b) is not approved—the advertisement is taken, from the commencement, not to be, for the purposes of this Act, an advertisement approved under the Commonwealth Act for the film immediately after the commencement.","sortOrder":98},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Tourism, Fair Trading and Wine Industry Development Legislation Amendment Act 2005","content":"## Tourism, Fair Trading and Wine Industry Development Legislation Amendment Act 2005","sortOrder":99},{"sectionNumber":"sec.70","sectionType":"section","heading":"Conversion of particular classifications of films to equivalent new classifications","content":"### sec.70 Conversion of particular classifications of films to equivalent new classifications\n\nThis section applies if, immediately before the commencement of this section, a film had a classification (the original classification ) under this Act mentioned in column 1 of the following table—\nTable\nColumn 1\nColumn 2\nMA\nMA 15+\nR\nR 18+\nX\nX 18+\nFrom the commencement, the film is taken to have the classification under this Act set out opposite the original classification in column 2 of the table (the new classification ).\nFrom the commencement, a reference in an Act or document to an original classification may, if the context permits, be taken to be a reference to the new classification.\nA change from an original classification to the new classification does not affect a proceeding for an offence alleged to have been committed before the commencement, whether the proceeding is started before or after the commencement, in relation to a film described by reference to the original classification.\ns 70 ins 2005 No. 24 s 35\n(sec.70-ssec.1) This section applies if, immediately before the commencement of this section, a film had a classification (the original classification ) under this Act mentioned in column 1 of the following table— Table Column 1 Column 2 MA MA 15+ R R 18+ X X 18+\n(sec.70-ssec.2) From the commencement, the film is taken to have the classification under this Act set out opposite the original classification in column 2 of the table (the new classification ).\n(sec.70-ssec.3) From the commencement, a reference in an Act or document to an original classification may, if the context permits, be taken to be a reference to the new classification.\n(sec.70-ssec.4) A change from an original classification to the new classification does not affect a proceeding for an offence alleged to have been committed before the commencement, whether the proceeding is started before or after the commencement, in relation to a film described by reference to the original classification.","sortOrder":100},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Justice Legislation Amendment Act 2008","content":"## Justice Legislation Amendment Act 2008","sortOrder":101},{"sectionNumber":"sec.71","sectionType":"section","heading":"Definitions for div 4","content":"### sec.71 Definitions for div 4\n\nIn this division—\namending Act means the Justice Legislation Amendment Act 2008 , part 3.\ncommencement means the commencement of this section.\nprevious , followed by a provision number, means the provision as in force immediately before the commencement.\ns 71 ins 2008 No. 51 s 32","sortOrder":102},{"sectionNumber":"sec.72","sectionType":"section","heading":"Existing exemptions for advertisements given under the Commonwealth Act","content":"### sec.72 Existing exemptions for advertisements given under the Commonwealth Act\n\nThis section applies to an advertisement for a film in relation to which a certificate of exemption given under the Commonwealth Act as mentioned in previous section 26(2) is in force immediately before the commencement.\nOn the commencement, the certificate of exemption continues to have effect for this Act.\ns 72 ins 2008 No. 51 s 32\n(sec.72-ssec.1) This section applies to an advertisement for a film in relation to which a certificate of exemption given under the Commonwealth Act as mentioned in previous section 26(2) is in force immediately before the commencement.\n(sec.72-ssec.2) On the commencement, the certificate of exemption continues to have effect for this Act.","sortOrder":103},{"sectionNumber":"sec.73","sectionType":"section","heading":"Existing appeals","content":"### sec.73 Existing appeals\n\nThis section applies to an appeal started under previous section 59(2) but not ended before the commencement.\nThe appeal may continue and be decided as if the amending Act had not been enacted.\ns 73 ins 2008 No. 51 s 32\n(sec.73-ssec.1) This section applies to an appeal started under previous section 59(2) but not ended before the commencement.\n(sec.73-ssec.2) The appeal may continue and be decided as if the amending Act had not been enacted.","sortOrder":104},{"sectionNumber":"sec.74","sectionType":"section","heading":"Existing entitlements to appeal","content":"### sec.74 Existing entitlements to appeal\n\nThis section applies if, immediately before the commencement—\na person was entitled to appeal against a decision mentioned in section 59(1) and had not started the appeal; and\nthe period mentioned in the section for starting the appeal had not ended.\nThis Act as amended by the amending Act applies to the appeal.\ns 74 ins 2008 No. 51 s 32\n(sec.74-ssec.1) This section applies if, immediately before the commencement— a person was entitled to appeal against a decision mentioned in section 59(1) and had not started the appeal; and the period mentioned in the section for starting the appeal had not ended.\n(sec.74-ssec.2) This Act as amended by the amending Act applies to the appeal.\n- (a) a person was entitled to appeal against a decision mentioned in section 59(1) and had not started the appeal; and\n- (b) the period mentioned in the section for starting the appeal had not ended.","sortOrder":105},{"sectionNumber":"sec.75","sectionType":"section","heading":"Existing proceedings for offences relating to advertisements for films","content":"### sec.75 Existing proceedings for offences relating to advertisements for films\n\nThis section applies if a proceeding for an offence against a provision of part 4 was started, but had not ended, before the commencement of the amending Act, section 16(2).\nDespite the Criminal Code, section 11, the proceeding may continue, and the provision may be enforced, as if the amending Act, section 16(2) had not been enacted.\ns 75 ins 2008 No. 51 s 32\n(sec.75-ssec.1) This section applies if a proceeding for an offence against a provision of part 4 was started, but had not ended, before the commencement of the amending Act, section 16(2).\n(sec.75-ssec.2) Despite the Criminal Code, section 11, the proceeding may continue, and the provision may be enforced, as if the amending Act, section 16(2) had not been enacted.","sortOrder":106},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Classification of Computer Games and Images and Other Legislation Amendment Act 2013","content":"## Classification of Computer Games and Images and Other Legislation Amendment Act 2013","sortOrder":107},{"sectionNumber":"sec.76","sectionType":"section","heading":"Definitions for div 5","content":"### sec.76 Definitions for div 5\n\nIn this division—\namending Act means the Classification of Computer Games and Images and Other Legislation Amendment Act 2013 .\ns 76 ins 2013 No. 3 s 39","sortOrder":108},{"sectionNumber":"sec.77","sectionType":"section","heading":"Applications for exemption under s 57","content":"### sec.77 Applications for exemption under s 57\n\nThis section applies to an application for an exemption under section 57 made but not decided before the commencement of this section.\nSections 58 and 59 as in force immediately before the commencement of this section continue to apply in relation to the application as if the amending Act had not commenced.\ns 77 ins 2013 No. 3 s 39\n(sec.77-ssec.1) This section applies to an application for an exemption under section 57 made but not decided before the commencement of this section.\n(sec.77-ssec.2) Sections 58 and 59 as in force immediately before the commencement of this section continue to apply in relation to the application as if the amending Act had not commenced.","sortOrder":109},{"sectionNumber":"sec.78","sectionType":"section","heading":"Existing exemptions under s 58","content":"### sec.78 Existing exemptions under s 58\n\nThis section applies to an exemption given under section 58 that was in force immediately before the commencement of this section.\nThe exemption continues in force as if it had been granted under section 57 as in force from the commencement.\ns 78 ins 2013 No. 3 s 39\n(sec.78-ssec.1) This section applies to an exemption given under section 58 that was in force immediately before the commencement of this section.\n(sec.78-ssec.2) The exemption continues in force as if it had been granted under section 57 as in force from the commencement.","sortOrder":110},{"sectionNumber":"sec.79","sectionType":"section","heading":"Entitlement to review by QCAT","content":"### sec.79 Entitlement to review by QCAT\n\nThis section applies if, immediately before the commencement, a person could have applied to QCAT under section 59 for the review of a decision mentioned in section 59(1)(c).\nThe application may be made and decided as if the amending Act had not commenced.\ns 79 ins 2013 No. 3 s 39\n(sec.79-ssec.1) This section applies if, immediately before the commencement, a person could have applied to QCAT under section 59 for the review of a decision mentioned in section 59(1)(c).\n(sec.79-ssec.2) The application may be made and decided as if the amending Act had not commenced.","sortOrder":111},{"sectionNumber":"sec.80","sectionType":"section","heading":"Review by QCAT","content":"### sec.80 Review by QCAT\n\nThis section applies to an application, made under section 59 but not decided before the commencement of this section, for the review by QCAT of a decision mentioned in section 59(1)(c).\nThe application may continue and be decided as if the amending Act had not commenced.\ns 80 ins 2013 No. 3 s 39\n(sec.80-ssec.1) This section applies to an application, made under section 59 but not decided before the commencement of this section, for the review by QCAT of a decision mentioned in section 59(1)(c).\n(sec.80-ssec.2) The application may continue and be decided as if the amending Act had not commenced.","sortOrder":112},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Court and Civil Legislation Amendment Act 2017","content":"## Court and Civil Legislation Amendment Act 2017","sortOrder":113},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application of particular modifications of films for ss 21 and 36A","content":"### sec.81 Application of particular modifications of films for ss 21 and 36A\n\nTo remove any doubt, it is declared that, for sections 21(4) and 36A(4), an alteration or addition of a film may consist of a modification mentioned in the Commonwealth Act, section 20A(2)(a), (d) or (e) or 21(2)(ba) or (3) only if the film is classified on or after 1 January 2013.\nSee the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 (Cwlth), schedule 4, part 2.\ns 81 ins 2017 No. 17 s 74","sortOrder":114},{"sectionNumber":"sec.82","sectionType":"section","heading":"Ending of exemptions given under repealed s 57 or 59A","content":"### sec.82 Ending of exemptions given under repealed s 57 or 59A\n\nThis section applies if, immediately before the commencement, an exemption given under either of the following provisions was in force for an entity—\nrepealed section 57;\nrepealed section 59A.\nOn the commencement, the exemption ends.\nIn this section—\nrepealed , if followed by a provision number, means the provision of that number as in force from time to time before the commencement.\ns 82 ins 2017 No. 17 s 74\n(sec.82-ssec.1) This section applies if, immediately before the commencement, an exemption given under either of the following provisions was in force for an entity— repealed section 57; repealed section 59A.\n(sec.82-ssec.2) On the commencement, the exemption ends.\n(sec.82-ssec.3) In this section— repealed , if followed by a provision number, means the provision of that number as in force from time to time before the commencement.\n- (a) repealed section 57;\n- (b) repealed section 59A.","sortOrder":115}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1991 Act contained its own classification scheme (sections 5–19, now deleted). After 1996 amendments, the Act was substantially restructured to become purely an enforcement mechanism for Commonwealth classification decisions, rather than having its own standalone classification regime. Later amendments (2002, 2008, 2013, 2017) added provisions for calling in films for classification, reclassification procedures, cultural exemptions, and updated the classification categories (e.g., introducing MA 15+ to replace the old M15+ rating), expanding the Act's administrative and procedural scope beyond its original exhibition-focused intent."},"complexity_factors":["Operates as a satellite law dependent on a separate Commonwealth Act — you cannot fully understand it without reading that federal legislation","Multiple interlocking classification categories (G, PG, M, MA 15+, R 18+, X 18+, RC) each triggering different rules and penalties","Age-based rules are layered and context-specific (e.g., the 2-year minimum age threshold for some provisions is counterintuitive)","The definition of 'sell' is unusually broad, covering club membership schemes and facilitated exchanges that are not obviously commercial","Provisions for reclassification create transitional 30-day grace periods, adding temporal complexity to compliance obligations","Significant portions of the original Act (sections 5–19) were deleted by later amendments, creating gaps in section numbering that can confuse readers","Enforcement powers span multiple warrant types (monitoring warrants, offence warrants, urgent telephone warrants) with distinct procedural requirements","Exemptions (exempt films, conditional cultural exemptions) are defined elsewhere, requiring cross-referencing","Penalty scales vary significantly depending on what a film 'would be classified as' — requiring a hypothetical classification judgment before liability is determined"],"plain_english_summary":"## Queensland's Classification of Films Act 1991: What You Need to Know\n\nThis is a **Queensland state law** that enforces the national film classification system (run by a Commonwealth/federal body) at the local level. Think of it as Queensland's rulebook for making sure the nationwide film ratings — G, PG, M, MA 15+, R 18+, X 18+, and RC (Refused Classification) — are actually followed on the ground.\n\n### Who does this affect?\n\n**Cinema operators and exhibitors** (people who screen films publicly):\n- Must display a classifications notice prominently\n- Cannot show unclassified films in public\n- Cannot let children under 15 into MA 15+ films without an adult\n- Cannot let anyone under 18 into R 18+ films\n- Cannot show trailers or ads for higher-rated films before lower-rated ones (e.g., no R 18+ trailer before a G film)\n\n**Video/DVD retailers and film sellers:**\n- Must show the correct classification rating on packaging\n- Cannot sell or hire R 18+ films to anyone under 18\n- Cannot sell MA 15+ films to under-15s without an adult present\n- Must display a classifications notice in store\n- Cannot sell unclassified or 'objectionable' (banned/refused) films\n\n**Film publishers and distributors:**\n- Can be required to submit unclassified films for classification\n- Can be required to submit films for reclassification\n- Must include classification markings in all advertising\n\n**Members of the public:**\n- A minor (under 18) who is 15 or older must not sneak into R 18+ screenings\n- Adults must not take children to R 18+ or banned film screenings\n- Must provide truthful ID/age details if asked at a cinema showing MA 15+ or R 18+ films\n\n### What's an 'objectionable film'?\nThis is the Act's strongest category — films that are either Refused Classification (RC, meaning they're banned) or X 18+ (explicit adult content not permitted in Queensland). Making, copying, selling, or possessing these films for sale or public exhibition can result in **up to 2 years imprisonment**. Making child abuse films carries up to **5 years imprisonment**.\n\n### Enforcement\nAppointed inspectors (public servants or police) can:\n- Enter public premises to check compliance\n- Obtain court warrants (including urgent phone warrants) to search and seize evidence\n- Require people to produce ID and age information at cinemas\n\n### Key exemptions\n- 'Exempt films' (defined separately) are not covered by this Act at all\n- Films with a 'conditional cultural exemption' get limited exemption for specific showings\n- Some modifications to classified films are permitted without re-classification\n\n### Penalties at a glance\n| Offence | Maximum Penalty |\n|---|---|\n| Showing unclassified film (likely G/PG/M) | 5 penalty units (~$750) |\n| Selling R 18+ film to a minor | 100 penalty units (~$15,000) |\n| Possessing objectionable film for sale | Up to 2 years prison |\n| Making a child abuse film | Up to 5 years prison |"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, as presented, has been amended over time to align with Commonwealth classification arrangements and to alter its internal categories and exemptions. The text shows additions and conversions that changed scope: for example, an exemption and conditional cultural exemption carve‑out was inserted (s.2A); classification label updates were converted (MA → MA15+, R → R18+, X → X18+) by s.70; new powers to seize films and require submissions were added (e.g. s.25CA, s.25CB, s.25CC, s.52). The Act also now expressly relies on Commonwealth determinations for advertising rules and permitted film modifications (see s.21A, s.26–28 and cross‑references to the Commonwealth Act). These inserted provisions and cross‑references indicate the Act’s operational scope has shifted from its original wording toward closer operational integration with Commonwealth instruments and additional enforcement mechanisms."},"complexity_factors":["Extensive cross‑references to the Commonwealth Act for classification, advertising regimes and permitted modifications (e.g. s.21A, s.26–28, s.27, s.36A(4)).","Multiple offence categories with different penalty tiers (summary and indictable), and overlapping civil/criminal remedies (see s.21, s.26, s.34, s.39–42, s.61).","Detailed procedural enforcement architecture: inspector appointment, identity requirements, entry with consent or warrants, search/seizure powers, telephone warrant formalities (s.4, s.45–51).","Several short statutory compliance windows and mandatory actions for publishers/publishers — e.g. 3 business day requirements to submit films/ads on notice (s.25CA, s.25CB, s.25CC, s.25D).","Multiple exceptions, defences and transitional provisions (e.g. exempt films, conditional cultural exemptions in s.2A; defences in s.25CA(5), s.25E, and s.44).","Wide administrative discretion (chief executive, director, convenor) interacting with judicial warrants and penalties (s.4, s.25D, s.49–50, s.62).","Granular operational requirements affecting many actors (exhibitors, sellers, publishers, advertisers), plus regulation‑making power allowing further detail to be prescribed (s.65)."],"plain_english_summary":"What this law does (mechanics)\n\n- The Act implements and enforces film classification decisions made under the Commonwealth classification scheme, but only for films (s.2).  It does this by making a range of actions unlawful (and punishable) if they conflict with a film’s classification or if a film is unclassified or objectionable (s.2, s.21, pt.4, pt.5).\n- It creates compliance duties for exhibitors, sellers and publishers: display classification notices (s.20, s.30); show films under the classified title and in the classified form (s.21, s.36A); label containers and advertisements with the determined markings and consumer advice (s.27, s.29); and follow age‑based admission and sale rules for MA 15+ / R 18+ films (s.22–25, s.33).\n- It controls advertising: advertising for objectionable or unclassified films is prohibited unless expressly allowed under the Commonwealth Act; advertisements must match the approved form and display classification markings (s.21A, s.26–28).\n- It gives enforcement powers to officials: the chief executive may appoint inspectors (public servants or police) (s.4); inspectors may inspect premises open to the public or enter with consent or under a warrant (s.46–50); they may search, seize films, take copies of documents and require assistance (s.47–48, s.52). Magistrates issue warrants; urgent telephone warrants are permitted with after‑the‑fact formalities (s.49–51).\n- It creates specific offences and penalties for exhibiting, selling, advertising or possessing unclassified or objectionable films, and for making or copying objectionable or child abuse films (see penalties throughout pt.3–pt.5: e.g. s.21, s.34, s.39–42). Courts may order forfeiture or destruction of films used in offences (s.62). Certain evidentiary and procedural rules are provided for prosecutions and reviews (s.60–61, pt.9).\n- The Act also enables regulation making for registration of exhibitors/sellers, fees and further display or sale conditions (s.65), and protects officials from criminal liability for acts done honestly and without negligence (s.66A).\n\nWho is directly affected\n\n- Exhibitors (cinemas, screening organisers), sellers and retailers of films and film media (s.20, s.29–36A).\n- Publishers and distributors of films and their advertisers (s.25CA, s.25CB, s.25D, s.26–28).\n- Individuals attending screenings, including minors, because of the age restrictions and duties to check age/identity (s.22–25, s.33).\n- Officials and inspectors empowered to enforce the Act (s.4, s.46–53).\n\nWhy it matters (claimed purpose and how the Act implements it)\n\n- The Act’s stated object is to give effect, for films, to the Commonwealth classification scheme by enforcing classification decisions and by prohibiting publication of certain films (s.2).  Mechanically, the Act implements that object by: attaching civil/criminal penalties to non‑compliance (see many offence provisions such as s.21, s.26, s.34, s.39); requiring producers/publishers/sellers to present films, containers and advertisements in the classified form (s.21, s.27, s.29, s.36A); and empowering inspectors and courts to seize, forfeit or destroy offending material (s.47, s.52, s.62).\n\nCosts, incentives and trade‑offs the Act creates (source‑based)\n\n- Compliance costs for private businesses: exhibitors and sellers must display notices, label containers and advertisements correctly, restrict access by age and keep staff able to require and check particulars and proof of age (s.20, s.27–30, s.25–25B, s.33). Regulations may add registration/fee obligations (s.65), increasing administrative and direct costs.\n- Time and operational cost of responding to official notices: the director or convenor may require publishers or original applicants to submit films or advertisements for classification or approval with short compliance windows (typically 3 business days) (s.25CA, s.25CB, s.25CC, s.25D). Those deadlines create an immediate operational burden on publishers and distributors.\n- Legal and criminal risk: many contraventions carry fines or imprisonment (see s.21, s.28, s.34, s.39–42), so non‑compliance exposes individuals and businesses to prosecution, seizure and forfeiture (s.62).\n- Enforcement discretion concentrated in officials: the chief executive appoints inspectors (s.4); the director may issue notices requiring submission of films or advertisements (s.25CA, s.25D); inspectors have substantial entry, search and seizure powers subject to consent or warrant (s.46–52). The law therefore vests significant operational discretion in administrative officers and magistrates.\n- Defences and limits: the Act provides specific defences and limits that reduce risks in particular circumstances — e.g. a defence if a publisher proves no intent to publish in Queensland (s.25CA(5), s.25E); an evidentiary safe harbour where a person took all reasonable steps to obtain classification and reasonably believed the film would not be X 18+ or RC (s.44); and return rules for seized films unless retained as evidence or if the film is a child abuse film (s.63).\n\nEffects on private choice, competition and business operations (source‑based observations)\n\n- The Act restricts what films may be exhibited, sold or advertised in Queensland and prescribes how they may be presented. Those rules limit the set of commercially available products that exhibitors and retailers can lawfully offer, and they impose conditions on how businesses market films (s.21, s.26–29, s.31–36A).\n- The power to call in films for classification or reclassification that are being or will be published in Queensland (s.25CA, s.25CB) means publishers with operations or offices in Queensland face an obligation to comply quickly; that can affect distribution planning and timing.\n- Regulations may require registration to exhibit or sell films and permit prohibition of exhibition or sale by unregistered persons (s.65). That creates entry and administrative hurdles for small sellers or new market entrants.\n\nImplementation risk and procedural features to note (source statements)\n\n- Inspectors may only enter dwellings with consent or warrant (s.46), and warrants must be issued by a magistrate on stated grounds (s.49–50). Urgent telephone warrant procedures exist but require subsequent formalisation (s.51).\n- The Act cross‑references the Commonwealth Act for classification decisions, advertising schemes and permitted modifications to films (e.g. s.21A, s.27, s.21(4), s.36A(4)). That means practical application depends on parallel Commonwealth instruments and determinations.\n\nWho pays and who decides\n\n- Who pays: businesses in the film supply chain — exhibitors, publishers, advertisers, sellers and distributors — bear the direct costs of compliance (displaying notices, labelling, age checks, submitting material when called in) and the financial risk of fines, forfeiture or imprisonment for serious breaches (see s.21, s.26, s.29, s.34, s.39–42, s.62, s.65).\n- Who decides: classification decisions and advertisement approval are made under the Commonwealth scheme (referenced throughout; e.g. s.21A, s.26, s.27). Within Queensland, the chief executive appoints inspectors (s.4) and the director may issue notices requiring classification submissions or advertisement approvals (s.25CA, s.25D). Magistrates issue warrants (s.49–50).\n\nConcrete procedural trade‑offs from the text\n\n- Rapid compliance windows (3 business days) for responding to classification or reclassification notices (s.25CA, s.25CB, s.25CC, s.25D) reduce delay but raise the probability of operational disruption for publishers.\n- Strong inspection and seizure powers (s.46–48, s.52) increase enforceability but create a risk of business interruption while material is seized and assessed (s.52(3)–(4), s.63).\n\nKey statutory citations: s.2 (object), s.2A (exemptions), s.4 (inspectors), s.20–36A (exhibition, advertising, sale and labelling duties and offences), s.37–44 (objectionable film offences and defences), s.45–53 (inspection, warrants and seizure), s.60–63 (evidence, remedies, return and forfeiture), s.65 (regulations), s.66A (protection for officials)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.21(1)","severity":"high","reasoning":"The penalty scale requires a court to determine what classification an unclassified film 'would' receive. This is a hypothetical counterfactual that may require the very classification process the exhibitor bypassed. There is no mechanism specified for making this determination, and the result directly affects whether someone faces 5 penalty units or 300 penalty units plus 2 years imprisonment — a 60-fold difference in fine and the difference between a fine-only and a custodial sentence.","confidence":0.85,"description":"Penalty for exhibiting an unclassified film is calibrated by what classification the film 'would' receive if classified — but this is unknowable without actually classifying it, creating an impossible pre-prosecution determination."},{"type":"impossible_compliance","section":"sec.34","severity":"high","reasoning":"The penalty structure in sec.34 creates the same logical absurdity as sec.21(1). A person selling an unclassified film could face anywhere from 10 to 200 penalty units depending on a hypothetical classification outcome. The legislation provides no process for determining this counterfactual classification for penalty purposes, leaving courts in an impossible evidential position.","confidence":0.85,"description":"Same impossible counterfactual problem as sec.21(1): penalties for selling an unclassified film depend on what classification the film 'would' receive if classified, which is unknowable without the classification process."},{"type":"self_contradicting","section":"sec.25B(2)","severity":"medium","reasoning":"Section 25 empowers an inquirer to require particulars from a person 'seeking admission' or 'who has been admitted' to the theatre. Section 25B(2) provides a defence if the person 'has not, at the time of the failure, attended the exhibiting of the MA 15+ or R 18+ film concerned' and immediately leaves. But if a person has not attended and leaves immediately, they likely never received the requirement in the first place, or the requirement was made at the point of seeking admission — creating a circular escape hatch that may swallow the rule entirely.","confidence":0.72,"description":"A person who has not attended the film and immediately leaves the theatre after failing to provide particulars commits no offence — but the entire premise requires the person to already be at the theatre to be required to provide particulars under sec.25."},{"type":"other","section":"sec.44","severity":"low","reasoning":"Section 44 as reproduced introduces the defence at subsection (2) ('A person is not guilty...') and the film kinds at subsection (3), yet subsection (2) itself cross-references 'subsection (3)' for the kinds. This appears consistent on its face but the lack of a subsection (1) suggests a numbering anomaly from legislative amendment, potentially leaving a gap in the operative structure.","confidence":0.6,"description":"The section heading refers to 'subsection (3)' for 'kinds of objectionable film' but the substantive defence provision is introduced as 'subsection (2)' — the subsection numbering in the defence provision is internally inconsistent with cross-references."},{"type":"impossible_compliance","section":"sec.25CA(3) and (4)","severity":"medium","reasoning":"The director gives written notice to the publisher under sec.25CA(2). The publisher must comply within 3 business days of receiving it per sec.25CA(4). However, sec.25CA(3) states the notice only has legal effect upon Commonwealth gazette publication. If the publisher receives the notice before gazette publication, the 3-day clock may run before the notice is legally operative. Conversely, if the clock only runs from gazette publication (not receipt), the section says otherwise. This creates genuine ambiguity about when the compliance obligation arises.","confidence":0.78,"description":"A publisher is required to comply with a notice within 3 business days of receiving it, but the notice 'has effect only if it is published in the Commonwealth gazette' — meaning the notice can be received before it has legal effect, making compliance timing ambiguous or impossible."},{"type":"other","section":"sec.4(3) and (4)","severity":"low","reasoning":"Police officers are appointed as inspectors under sec.4(1)(b) without any expertise or experience requirement (only the commissioner's approval under a separate Act), while public service officers require the chief executive to believe they have necessary expertise. This creates an asymmetry where police officers with no relevant film classification expertise can be appointed as inspectors, while civilians face an additional competency hurdle.","confidence":0.65,"description":"Section 4(3) requires the chief executive to believe an appointee has 'necessary expertise or experience' before appointing a public service officer as inspector, but section 4(4) then mandates issuing an identity card to that inspector — yet there is no equivalent expertise requirement for police officers who are also appointed as inspectors."},{"type":"other","section":"sec.42(3) and (4)","severity":"low","reasoning":"While it is defensible to treat production as more culpable than copying, the differential may be questioned on policy grounds. More importantly, under sec.42(1) and (2), making or copying an ordinary objectionable film requires 'purpose of gain' as an element, but making or copying a child abuse film under sec.42(3) and (4) has no such requirement — meaning innocently archiving a child abuse film (e.g., for law enforcement purposes) would technically constitute an offence without a specific defence, unlike ordinary objectionable films where the gain element provides a natural carve-out.","confidence":0.7,"description":"Making a child abuse film attracts a higher penalty (1000 penalty units / 5 years) than copying one (800 penalty units / 3 years), which creates a perverse incentive structure where duplicating existing child abuse material is treated as less serious than creating it — but practically, mass copying causes far greater harm than a single act of production."},{"type":"self_contradicting","section":"sec.21A and sec.31","severity":"medium","reasoning":"Section 21A(f) permits advertisements for unclassified films in exhibited classified films if 'allowed under the Commonwealth Act'. Section 31(f) contains an equivalent carve-out for sold films. On face value these appear consistent, but the exhibition provision in sec.21A(a)-(e) includes no blanket Commonwealth Act override for higher-classification advertisements embedded in lower-classification films, while the sale provision at sec.31 also omits this. The inconsistency is that the Commonwealth Act scheme for advertising of unclassified films is acknowledged in the notes but the interaction with the absolute prohibitions in (a)-(e) of each section is not addressed, creating potential conflicts where a Commonwealth-approved advertisement scheme could authorise something these absolute prohibitions forbid.","confidence":0.6,"description":"Section 21A prohibits exhibiting a classified film containing an advertisement for an unclassified film 'unless the advertisement is allowed under the Commonwealth Act', while sec.31 prohibits selling a classified film containing such an advertisement with no equivalent carve-out for Commonwealth Act allowance — creating different standards for the same underlying content depending on whether it is exhibited or sold."}],"contradictions":[{"severity":"medium","section_a":"sec.2A(1)","section_b":"sec.21, sec.22, sec.23, sec.24 (pt.3 generally)","confidence":0.65,"description":"Section 2A(1) states the Act does not apply to exempt films. However, the offence provisions in Part 3 apply to 'unclassified films' without expressly carving out exempt films — creating potential for prosecution of conduct involving exempt films despite the Act purportedly not applying to them."},{"severity":"low","section_a":"sec.22(1)","section_b":"sec.23(1)","confidence":0.55,"description":"Section 22(1) prohibits an exhibitor from exhibiting an MA 15+ film if a minor aged 2-15 who is unaccompanied by an adult will be present. Section 23(1) prohibits an adult from accompanying and assisting a minor to attend an R 18+ or objectionable film, but contains no equivalent prohibition on accompanying a minor to an MA 15+ film. This creates a gap: an adult can lawfully 'accompany and assist' a minor aged 2-14 to attend an MA 15+ film (which is explicitly intended to allow accompanied attendance), yet the exhibitor commits an offence if the minor is 'accompanied by an adult' only when unaccompanied — but sec.23 does not penalise the adult companion at MA 15+ screenings even though sec.22(3)(b) creates a defence based on the minor being accompanied."},{"severity":"medium","section_a":"sec.38(1)","section_b":"sec.23(1)","confidence":0.75,"description":"Section 38(1) permits a parent or guardian (or person with their consent) to exhibit an R 18+ film to a minor in a non-public place. Section 23(1) prohibits any person aged 18+ from accompanying and assisting a minor to attend the exhibition of an R 18+ film in a public place, with no parental exception. This creates a logical asymmetry: a parent can show an R 18+ film to their child at home but faces criminal liability if they take their child to see it publicly, even with good parental judgment."},{"severity":"high","section_a":"sec.33(5)","section_b":"sec.33(1) and (2)","confidence":0.82,"description":"Section 33(5) provides a defence to both subsections (1) and (2) where a minor is employed in a film-selling business and delivery occurs in the course of employment. This means a minor under 15 employed in a video store could lawfully be delivered an R 18+ film in the course of employment — directly contradicting the protective purpose of sec.33(2) which prohibits selling or delivering R 18+ films to any minor without qualification elsewhere in the section."},{"severity":"medium","section_a":"sec.39","section_b":"sec.34","confidence":0.8,"description":"Section 34 prohibits displaying for sale or selling objectionable or unclassified films with a graduated penalty scale. Section 39 separately prohibits displaying for sale or selling objectionable films with different penalties. Both sections apply to objectionable films on sale, creating duplicate and potentially conflicting prosecution pathways with different maximum penalties for the same conduct — sec.34 caps at 200 penalty units for RC films while sec.39 caps at 250 penalty units or 2 years imprisonment for non-X18+ objectionable films."},{"severity":"low","section_a":"sec.36A(1)","section_b":"sec.36A(1) read with sec.34","confidence":0.6,"description":"Section 36A(1) prohibits selling a film 'unless the film is displayed for sale or sold with the same title as the title under which it is classified' — but unclassified films have no classification title. Section 34 separately prohibits selling unclassified films. Read together, an unclassified film cannot be sold under sec.34, but if somehow sold, sec.36A(1) would be impossible to comply with since there is no 'title under which it is classified', creating an impossible compliance standard for a situation already prohibited."},{"severity":"medium","section_a":"sec.46(2)(c)","section_b":"sec.45","confidence":0.68,"description":"Section 45 requires a non-police inspector to produce their identity card before exercising powers under Part 6. Section 46(2)(c) allows entry to public-admission premises without consent or warrant when the public are admitted. A non-police inspector entering under sec.46(2)(c) may not have the opportunity to produce their identity card to an 'occupier' before entering, yet sec.45 makes production a precondition to exercising any powers — creating a practical impossibility where warrantless public-premises entry is authorised but the identity card precondition may not be satisfiable at the point of entry."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2000},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"While the original intent was simply to enforce Commonwealth classification decisions, the Act has significantly expanded to include comprehensive state-based enforcement machinery. It now contains detailed inspector appointment and identity card requirements (section 4), extensive search and seizure powers with warrant procedures (Part 6), specific prohibitions against child abuse films (sections 41-43), and complex transitional arrangements for multiple legislative amendments. The scope has deepened from mere 'registration' of classifications to active criminal enforcement, including telephone warrants and specific evidentiary presumptions."},"complexity_factors":["Heavy reliance on cross-references to the Commonwealth Classification Act (e.g., 'section 3', 'section 20A', 'section 39') and other Queensland laws (Criminal Code, Police Powers and Responsibilities Act 2000)","Dictionary of defined terms located in Schedule 1 (not shown in excerpt) but referenced throughout, requiring external lookup for terms like 'objectionable film', 'minor', and 'public place'","Nested conditional logic and exceptions, particularly in exhibition and sale offences (e.g., section 21 has multiple subsections with exceptions for single devices and permitted modifications)","Tiered penalty structures that vary based on hypothetical classification (e.g., penalties differ if an unclassified film 'would be' rated G vs R 18+)","Dual warrant systems: distinguishes between 'monitoring warrants' (compliance checks, 6-month validity) and 'offence-related warrants' (evidence gathering, 7-day validity) with different procedural requirements","Multiple 'reasonable belief' defences that create subjective safe harbours (e.g., section 22 allows exhibitors to avoid liability if they reasonably believed a minor was over 15)","Extensive transitional provisions spanning six different amendment Acts (1993, 1996, 2005, 2008, 2013, 2017) with conversion tables for old classification categories (e.g., 'MA' becoming 'MA 15+')"],"plain_english_summary":"This Queensland law puts into practice Australia's national film classification system at the state level. It controls what films can be shown in public or sold in shops, and who can watch them.\n\n**What it does:**\n*   **Bans illegal content:** It is illegal to sell or show films that are \"unclassified\" (not rated) or \"objectionable\" (rated X 18+ or RC—Refused Classification). The strictest penalties apply to \"child abuse films\" (up to 5 years jail).\n*   **Enforces age limits:** Cinemas and shops must enforce age restrictions. For example, MA 15+ films cannot be shown or sold to children under 15 unless accompanied by an adult, and R 18+ films are restricted to adults only.\n*   **Requires labels:** Films must display their classification (G, PG, M, etc.) and consumer advice (e.g., \"violence, coarse language\") on packaging and in advertising.\n*   **Powers of inspectors:** Government inspectors can enter public premises (and private premises with warrants) to check for compliance, seize illegal films, and demand names and addresses.\n\n**Who it affects:**\n*   **Cinemas and retailers:** Must check IDs, display classification notices, and ensure advertising matches the film's rating.\n*   **Distributors:** Must submit films for classification and comply with \"call-in\" notices if selling unclassified material.\n*   **Parents/Guardians:** Can be fined for allowing minors to attend R 18+ films (unless they are the parent/guardian), and minors themselves can be fined for trying to attend.\n\n**Why it matters:** The law ensures children are protected from adult content, consumers can make informed choices, and serious criminal material (like child abuse films) is removed from circulation. It works alongside the Commonwealth Classification Act, handling the \"policing\" side of the national scheme."}},"importantCases":[],"_links":{"self":"/api/acts/classification-of-films-act-1991","history":"/api/acts/classification-of-films-act-1991/history","analysis":"/api/acts/classification-of-films-act-1991/analysis","conflicts":"/api/acts/classification-of-films-act-1991/conflicts","importantCases":"/api/acts/classification-of-films-act-1991/important-cases","documents":"/api/acts/classification-of-films-act-1991/documents"}}