Classification of Films Act 1991

The Act imposes duties and potential criminal liability on a wide range of persons. Exhibitors - persons who show films in a public place - must display a classifications notice, must not exhibit unclassified or objectionable films, must exhibit films under their classified title and in the classified form without alteration or addition, and must ensure that minors are not present during MA 15+ or R 18+ films unless age conditions are met. Sellers - defined broadly by the extended meaning of “sell” in section 3A - must ensure that containers bear correct markings and consumer advice, must display a classifications notice on premises, must not sell unclassified or objectionable films, must not sell MA 15+ films to unaccompanied minors under 15 or R 18+ films to any minor, and must not display or sell films that have been altered or are under a different title. Publishers - those who publish a film in Queensland - are subject to notices from the director requiring them to submit a film for classification, reclassification, or for review proceedings, and must comply within three business days. Advertisers must not publish advertisements for objectionable or unclassified films unless allowed under the Commonwealth Act, and must only publish approved advertisements in the approved form with determined markings and consumer advice. Minors themselves commit an offence if they are present at an R 18+ exhibition after reaching 15 years (section 24). Adults who have care and control of a minor commit an offence if they cause or permit the minor to attend an R 18+ or objectionable film exhibition, or if they accompany and assist a minor to attend (section 23). Manufacturers and producers are caught by the prohibition on making or copying objectionable films for gain (section 42) and the absolute prohibition on making or copying child abuse films (section 42(3)-(4)). Inspectors and officials are given powers but also have protections from criminal liability for acts done honestly and without negligence (section 66A). The chief executive, the director and the convenor exercise administrative and notice-giving functions. The Minister authorises complaints for summary offences (section 61(4)). The Classification Board and Review Board are Commonwealth bodies whose decisions trigger Queensland enforcement.

The Act creates a network of specific duties and corresponding rights. Duty on exhibitors: display a classifications notice prominently in the public place (section 20, penalty 10 penalty units). Duty not to exhibit an unclassified film in a public place, with escalating penalties depending on the likely classification (section 21(1): 5 penalty units for G/PG/M, up to 300 penalty units or 2 years imprisonment for an objectionable film). Duty to exhibit films with the correct title and in the classified form without alteration or addition (sections 21(2)-(3)), subject to exceptions for modifications permitted under the Commonwealth Act. Duty not to exhibit a classified film that contains an advertisement for a higher-classified film (section 21A). Duty on the exhibitor not to allow a minor aged 2-15 (unaccompanied) at an MA 15+ film, or any minor aged 2+ at an R 18+ film (section 22). The defence of reasonable belief as to age or accompaniment is available (sections 22(3)-(4)). Right of the exhibitor or their employee/agent to require a person to provide particulars of name, address and age when they suspect a minor is being brought inappropriately (section 25). Right to require proof of particulars believed false (section 25A). Power to refuse admission or require a person to leave if the exhibitor reasonably believes allowing them in would constitute an offence or that they have committed a false particulars offence (section 25C). Duty on adults not to cause or permit a minor in their care to attend an R 18+ or objectionable film (section 23, with defence of reasonable belief as to age). Duty on minors aged 15+ not to be present at an R 18+ exhibition (section 24). Rights of the director: to call in an unclassified film for classification by written notice (section 25CA), to require submission for reclassification (section 25CB), and the convenor may require a copy for review (section 25CC). The publisher must comply within three business days, with a defence of no intention to publish in Queensland or no copy held. The director may also require advertisements to be submitted for approval (section 25D). Duties regarding advertising: not to publish advertisements for objectionable or unclassified films unless allowed under Commonwealth Act (section 26(1), penalty 60 penalty units for objectionable, 10 for others); not to publish an advertisement that has not been approved or has been refused (section 26(2), penalty 60 penalty units); only in approved form (section 26(3)); and in accordance with any conditions (section 26(4)). Duty to include determined markings and consumer advice in advertisements (section 27). Duty not to publish false advertising as to classification (section 28). Duty on sellers: to ensure containers bear markings and consumer advice (section 29); to display a classifications notice on premises (section 30); not to sell a film containing advertisements for higher classified films (section 31); comply with prescribed conditions for display of MA 15+ or R 18+ films (section 32); not to sell MA 15+ films to minors under 15 unless accompanied (section 33(1)); not to sell R 18+ films to any minor (section 33(2)), with defences of reasonable belief and for delivery to a minor employee in the course of business (sections 33(3)-(5)). Absolute prohibition on displaying/selling objectionable or unclassified films (section 34), with penalties escalating by likely classification. Prohibition on displaying/selling unclassified films with markings suggesting they are classified (section 35). Prohibition on displaying/selling classified films with incorrect markings (section 36). Duty to sell under the classified title and in the classified form (section 36A). Possession and making: no possession of objectionable film for sale (section 41(1)), no possession for exhibition in a public place (section 41(2)), no knowing possession of a child abuse film (section 41(3), penalty 150 penalty units or 12 months). No making or copying an objectionable film for gain (section 42(1)-(2)), no making or copying a child abuse film at all (section 42(3)-(4), with a maximum of 1000 penalty units or 5 years for making). No procuring a minor for involvement in making an objectionable film (section 43). Defence for possession or making of certain objectionable films if all reasonable steps to obtain classification were taken and there is reasonable belief it will not be X 18+ or RC (section 44).

The Act prescribes a wide range of penalties, from relatively small fines for administrative failures (e.g., failure to display a notice: 10 penalty units; failure to give particulars under section 25B: 1 penalty unit) to very high penalties and imprisonment for serious offences involving objectionable and child abuse films. Penalty units in Queensland are set under the Penalties and Sentences Act 1992; the value of a penalty unit is periodically adjusted (currently around $160 per unit, but not stated in the Act). The highest penalties are for making a child abuse film: 1000 penalty units or 5 years imprisonment (section 42(3)). Copying a child abuse film carries 800 penalty units or 3 years (section 42(4)). Procuring a minor for an objectionable film: 800 penalty units or 3 years (section 43). Possession of an objectionable film (non-X 18+) for sale or for exhibition in a public place: 250 penalty units or 2 years (sections 41(1)-(2)). Exhibiting an objectionable film in a public place: 300 penalty units or 2 years (section 21(1)(d)). Selling an objectionable film (non-X 18+): 250 penalty units or 2 years (section 39). Keeping objectionable films on premises where classified films are sold (non-X 18+): 250 penalty units or 2 years (section 40). Knowingly possessing a child abuse film: 150 penalty units or 12 months (section 41(3)). Selling an R 18+ film to a minor: 100 penalty units (section 33(2)). Lower penalties apply for MA 15+ offences (e.g., selling without adult: 20 penalty units) and for advertising offences (e.g., publishing an unapproved advertisement: 60 penalty units). Even minor offences such as failing to give particulars on request carry 1 penalty unit, but the power to require particulars is backed by the right to refuse admission or require leaving (section 25C).

Enforcement is carried out by inspectors (section 4). An inspector who is not a police officer must produce an identity card before exercising powers (section 45). For monitoring compliance, an inspector may enter any place (including vehicles, vessels, aircraft) with consent, under a monitoring warrant (section 49), or if the place is open to the public (section 46). For investigating offences, an inspector may enter and search for evidence with consent or under an offence-related warrant (section 50). Warrants are issued by a magistrate on information on oath. Offence-related warrants must specify the evidence, authorise entry and seizure, and cease to have effect within 7 days (section 50(4)). In urgent cases, a warrant may be obtained by telephone (section 51). The inspector may seize evidence and keep it for 1 year or until proceedings are completed (section 47(2)). Additional power: if a person complains about a film and the inspector reasonably believes it is objectionable, the inspector may seize it from any place lawfully entered and must submit it to the board for classification (section 52). If classified as non-X 18+/RC, it must be returned. General powers include searching, inspecting, copying documents, and requiring reasonable assistance (section 48). Failure to comply with a requirement without reasonable excuse is an offence (10 penalty units). The reasonable excuse of self-incrimination is preserved (section 48(3)). Inspectors may also require a person to state their name and address (section 53), and it is an offence to fail to comply or give false details (50 penalty units). Obstructing an inspector is an offence (50 penalty units, section 54). Making false or misleading statements to an inspector is an offence (50 penalty units, section 55). An indictable offence (section 61: procurement of minor for objectionable film, or any offence involving a child abuse film) is punishable on indictment but may be heard summarily at the defendant's election. All other offences are summary. Complaints for summary offences may only be made by a person authorised in writing by the Minister (section 61(4)). Forfeiture: a court may order forfeiture of an objectionable film and anything used in connection with the offence upon conviction (section 62). Forfeited films may be destroyed or dealt with as directed by the Minister. Seized films must be returned if no longer required as evidence and no conviction, except child abuse films (section 63).

The Act operates in the shadow of the Commonwealth Classification (Publications, Films and Computer Games) Act 1995. Section 2 expressly states that the object is to give effect to the scheme mentioned in Commonwealth Act section 3. Virtually every substantive prohibition references the Commonwealth Act for the definition of classification, for the status of an unclassified film, for the meaning of objectionable, and for the validity of advertisements. Many sections provide that an act is permitted if allowed under the Commonwealth Act (e.g., section 21A(1)(f), section 26(1), section 31(1)(f)). The Act also references specific Commonwealth Act provisions: section 21(4) refers to modifications permissible under Commonwealth Act sections 20A(2)(a)-(e) or 21(2)(a)-(d) or (3); section 25CA gives the director power to call in an unclassified film for classification; section 25CB deals with reclassification under Commonwealth Act section 39; section 25CC deals with review under the Commonwealth Act; section 26 notes that the Commonwealth Minister may determine a scheme for advertising unclassified films under Commonwealth Act section 31; section 60(1) makes a certificate from the director or convenor under Commonwealth Act sections 25 or 87 evidence of classification or approval.

The Act also interacts with Queensland criminal law. Section 64 provides that a classified film is not an indecent or obscene publication for the purposes of the Criminal Code; however, X 18+ and RC films are expressly excluded from this protection. Films subject to a conditional cultural exemption are also not indecent or obscene material for the Criminal Code (section 64(3)). This is a critical interaction: a film that is lawfully classified may be protected from obscenity prosecutions even if its content would otherwise be caught.

The Police Powers and Responsibilities Act 2000 is referenced in section 4: appointment of a police officer as an inspector requires the approval of the police commissioner under that Act. The Justices Act 1886 governs the making of complaints for summary offences (section 61(4)). The Act also interacts with the Criminal Code in relation to the continuation of proceedings after amendment (section 75(2) specifically provides that despite Criminal Code section 11, proceedings may continue as if an amendment had not been enacted).

The Act has its own regulation-making power (section 65). Regulations may prescribe fees, provide for registration of exhibitors and sellers, and prohibit exhibition or sale by unregistered persons. Regulations may also prescribe penalties of up to 20 penalty units for regulation offences. The chief executive may approve forms under section 66.

The Act has been amended numerous times since its enactment in 1991. The source documents amendments up to 2017. Key amendments include:

• 1993 No.15: Inserted section 3A (definition of sell), substituted sections 4 (inspectors), inserted sections 19A (now repealed), substituted Part 3 and Part 4, introduced the "MA" classification, and added transitional provisions for existing regulations and for "MA" films from the Northern Territory.

• 1995 No.1 and No.50: Amended section 3A (sell) and inserted section 21A (advertisements in classified films) and amended section 31 (advertisements in classified films for sale).

• 1996 No.56: Major restructure. Repealed former Part 2 (sections 5-19) which had contained classification and appeal provisions. Substituted sections 20 and 21, and inserted sections 25D and 25E (power to require advertisements for approval and defence). This amendment effectively shifted classification decisions to the Commonwealth Act and made the Queensland Act purely an enforcement vehicle. Also inserted transitional provisions in Part 9 Division 2 converting existing classifications to Commonwealth equivalents.

• 2000 No.5: Amended section 4 to refer to the Police Powers and Responsibilities Act 2000.

• 2002 No.3 and No.13: Inserted sections 25CA (calling in unclassified films for classification), 25CB (calling in for reclassification), and 25CC (obtaining copies for review).

• 2003 No.94: Amended sections 25CA, 25CB, 25CC, 25D and 25E to update references to the director.

• 2005 No.24: Substituted classification labels: MA became MA 15+, R became R 18+, X became X 18+ (section 70). Also amended many sections to reflect these new categories and updated penalty provisions for objectionable and child abuse films.

• 2008 No.51: Inserted section 3B (single device consisting only of classified films), inserted section 36A (title and form requirements for sale), inserted section 52 (additional seizure power on complaint), and inserted Part 9 Division 4 transitional provisions for appeals and proceedings.

• 2008 No.59: Amended sections 56-58 (now repealed).

• 2009 No.24: Amended section 59 (now repealed).

• 2009 No.48: Amended sections 4, 27, 56 (now repealed).

• 2013 No.3: Inserted section 2A (application - exempt films and conditional cultural exemptions), amended age thresholds in sections 22, 25, 33 and others (changing "18 years" to "2 years" for the lower age boundary for MA 15+ and R 18+ restrictions), amended sections 26, 28, 34, 38, substituted sections 56-59 (now repealed), inserted sections 59A-59B (now repealed), inserted section 66A (protection of officials), and inserted Part 9 Division 5 transitional provisions for exemptions and QCAT reviews.

• 2017 No.17: Substantial amendments: amended sections 2A, 3, 4, 21, 25CA, 25CB, 25CC, 25D, 25E, 27, 28, 29, 36, 36A, 55(2)(e)-(f) (presumably), 60, 61, 62(c), 63, 64, 66A, and others. Removed sections 4A, 56, 57, 59A, 59B (exemption provisions). Inserted new Part 9 Division 6 transitional provisions declaring application of modifications for sections 21 and 36A from 1 January 2013, and ending exemptions under repealed sections 57 and 59A.

The source does not include amendments after 2017; practitioners should check for subsequent amendments.

The source text of the Act does not cite any specific case law. As a State enforcement statute, prosecutions under the Act would occur in Queensland courts (Magistrates Court for summary offences, District or Supreme Court for indictable matters). The Act itself provides for certain procedural matters: section 60 makes a certificate from the director or convenor admissible as evidence of classification or advertisement approval without further proof. Section 61(2) requires that complaints for summary offences be authorised in writing by the Minister, which may be a significant practical limitation on who can bring a prosecution. Section 61(1) designates procurement of a minor for an objectionable film (section 43) and offences involving a child abuse film as indictable, though the defendant may elect summary hearing. Section 64 provides a defence to a charge of possessing indecent or obscene material under the Criminal Code if the film is a classified film (other than X 18+ or RC) - this could be a common interaction where a person charged under the Code relies on the Act. Section 44 provides a defence to charges of possession or making of certain objectionable films if the defendant took all reasonable steps to obtain classification and believed on reasonable grounds it would not be classified X 18+ or RC. This defence has been available since 1996 and may have been litigated. The transitional provisions in Part 9 indicate that appeals against classification decisions were originally available (repealed sections 56-59) and that some of those decisions may have been subject to review by QCAT (now removed). Any litigation history would require independent research beyond the source text; the Act does not name any cases.

Several provisions contain traps for the unwary. The definition of sell in section 3A is extremely broad. It captures not only direct sales but also exchanges or distributions under a commercial arrangement, and even enabling or assisting an exchange or distribution that itself is not commercial. The example given - a club that charges membership fees or entrance fees to facilitate film exchanges - makes clear that operators of swap meets, trading groups, or online platforms that facilitate film exchanges for profit may be caught as sellers. The definition also includes "invite to treat or expose for an act mentioned" and "cause or permit to be done", so a landlord or business owner who permits a tenant to sell films on their premises may be in breach.

The age thresholds are precise but potentially confusing. For MA 15+ films, the restriction on minor attendance applies to minors who have reached 2 years but not 15 years and who are not accompanied by an adult. For R 18+ films, the restriction applies to any minor who has reached 2 years. This means that children under 2 years old are not restricted at all for R 18+ films (though in practice exhibitors may still refuse). The deflection that "reasonable grounds" belief about age is available as a defence, but the burden is on the defendant (exhibitor or seller) to prove the defence (the Act states "if the person believes on reasonable grounds" - it does not specify who bears the evidentiary burden, but as a defence it would typically be on the defendant).

The single device provision (section 3B) treats a device containing multiple classified films as if each film is on a separate device. This is relevant for sections 21(2) and 36A(1) regarding title and form requirements: the requirement that a film be exhibited or sold under its classified title does not apply to the device as a whole, but each constituent film is treated separately. However, this does not exempt the exhibitor or seller from other requirements such as age restrictions - each film on the device still has its own classification.

The 30-day grace period for markings and advertising after reclassification or revocation (sections 27(3), 28(3), 29(3), 36(3)) is a useful transitional allowance, but it only applies to the old markings. If the board reclassifies a film and changes its rating, the seller or exhibitor has 30 days to update all containers and advertisements. After that, using the old markings becomes an offence. This grace period does not apply to other obligations, such as not selling to minors - if a film is reclassified from MA 15+ to R 18+, the seller must immediately stop selling to minors under 18, even if the container still bears the old MA 15+ markings during the grace period.

The call-in notices under sections 25CA-25CC impose tight compliance periods - three business days - and the director need only have reasonable grounds. The defence for not complying is limited: for section 25CA, the defence is that the defendant did not intend to publish the film in Queensland; for sections 25CB and 25CC, the defence is that the defendant did not have a copy of the film. These are narrow defences.

The advertising cascade in sections 21A and 31 is detailed: a G-rated film must not contain an advertisement for a film classified PG or higher; a PG film must not advertise M or above; an M film must not advertise MA 15+ or above; an MA 15+ film must not advertise R 18+ or above; an R 18+ film must not advertise X 18+ or RC. This means a film that itself is rated MA 15+ cannot contain a trailer for an R 18+ film. This applies both to exhibition (section 21A) and to sale/display for sale (section 31).

The prohibition on keeping objectionable films on premises where classified films are sold (section 40) is a strict liability-style offence (no fault element stated). A retailer who stocks both classified films and any objectionable film (even if not for sale) commits an offence with a penalty of up to 250 penalty units or 2 years imprisonment. The only exception is for X 18+ films which carry a lower penalty (60 penalty units or 6 months). This means that a business cannot have any RC material on site, even in a locked back office, if they sell even G-rated films.

The possession offences in section 41 distinguish between possession for purpose of sale (subsection (1)), possession for purpose of exhibition in a public place (subsection (2)), and knowing possession of a child abuse film (subsection (3)). The latter does not require any purpose; mere knowing possession is enough, with a penalty of 150 penalty units or 12 months. This is a powerful tool for law enforcement.

The defence in section 44 for possession or making of objectionable films (other than X 18+ or RC) requires the defendant to have taken all reasonable steps to obtain classification and to have a reasonable belief the film would not be X 18+ or RC. This is a high threshold; the time available (whether the film is still in production) is relevant. Importantly, this defence does not apply to child abuse films - there is no equivalent defence for child abuse film offences.

The indictable offence designation under section 61 means that procurement of a minor for an objectionable film and any offence involving a child abuse film are serious criminal matters that can be prosecuted in higher courts with potentially higher penalties. However, the defendant may elect summary hearing. Practitioners should be aware of the procedural implications.

Compliance with the Classification of Films Act 1991 requires a multi-layered approach depending on the role.

For exhibitors (cinemas, film festivals, public screenings):

• Always display a classifications notice prominently and clearly visible to the public (section 20). The notice should explain the classification categories.
• Ensure every film exhibited has a current classification under the Commonwealth Act. Never exhibit an unclassified film unless it is an exempt film (section 2A) or is subject to a conditional cultural exemption.
• Check that the film is exhibited under the same title as the classified title and in the identical form (no cuts, additions or alterations) unless the alteration is a permitted modification under Commonwealth Act sections 20A or 21 (sections 21(2)-(4)). For compilation discs, treat each film separately (section 3B).
• Screen trailers and advertisements carefully: a G film cannot contain a trailer for a PG or higher film; each classification has its own cascade of permissible advertisements (section 21A). If in doubt, check the Commonwealth advertising scheme.
• Implement age check procedures. For MA 15+ films, do not admit minors aged 2-15 unless accompanied by an adult. For R 18+ films, do not admit any minor aged 2 or older (section 22). Train staff to request proof of age if necessary (sections 25, 25A). Staff should be empowered to refuse admission or require a person to leave if they believe the person’s presence would cause an offence (section 25C).
• Keep records of compliance with age checks, as the defence of reasonable belief is available but requires evidence of the basis for that belief.

For sellers (retailers, online sellers, hire shops, exchange clubs):

• Understand the broad definition of sell in section 3A. Even if you operate a film swap that charges a membership fee rather than a per-film price, you are a seller. Ensure every film you sell or exchange has a classification and that its container bears the correct determined markings and consumer advice (section 29). This applies to physical containers and, by analogy, to digital sales where packaging is electronic.
• Display a classifications notice in a conspicuous place on your premises (section 30).
• Do not sell or display for sale any unclassified or objectionable film (section 34). The penalty escalates with the likely classification. If a film is unclassified, you cannot sell it unless you have a reasonable belief it is exempt and have documentation to support that.
• For MA 15+ films: do not sell or deliver to a minor under 15 unless accompanied by an adult (section 33(1)). For R 18+ films: do not sell or deliver to any minor (section 33(2)). Train staff to check identification. The defence of reasonable belief is available, but you should have a policy of requesting ID and a system for recording refusals.
• Do not display for sale any film under a different title than its classified title (section 36A(1)) unless the device contains multiple classified films (section 36A(2)). Do not sell a film that has been altered from its classified form (section 36A(3)) except for permitted modifications.
• Do not keep any objectionable film (RC or X 18+) on premises where you sell other films (section 40). This means your entire stock must be free of such material, and you must have procedures to ensure none is stored or held.
• Do not sell a film that contains an advertisement for a higher classified film (section 31). Review content of included extras or trailers.

For advertisers and publishers:

• Only publish advertisements for films that have been classified, and only in the form approved under the Commonwealth Act (section 26). Include the correct determined markings and consumer advice in the advertisement (section 27).
• Do not advertise an objectionable or unclassified film unless the advertisement is allowed under the Commonwealth advertising scheme (section 26(1)). The scheme is made by the Commonwealth Minister under section 31 of the Commonwealth Act.
• Do not falsely indicate a film’s classification (section 28).
• If the director issues a notice requiring you to submit an advertisement for approval, comply within three business days (section 25D). If you do not intend to publish in Queensland, note the defence under section 25E.
• If the director issues a notice to submit an unclassified film for classification, comply within three business days (section 25CA). If you do not intend to publish in Queensland, a defence exists.

For makers and producers:

• Never make or copy a child abuse film (section 42(3)-(4)). This is an absolute prohibition with severe penalties.
• If making an objectionable film (other than child abuse), ensure it is done for a legitimate purpose that will result in a classification other than X 18+ or RC. Before completing, take all reasonable steps to obtain a classification - such as submitting a rough cut or script for advice - and document your belief that it will be classified as something else (section 44 defence). However, this defence is only available for possession or making offences, not for exhibition or sale.
• Do not procure a minor to be involved in making an objectionable film (section 43).

For general compliance:

• Ensure your premises can be entered by inspectors. Cooperate with inspectors, provide requested assistance, and do not obstruct (sections 48, 54). Any person who receives a notice to provide particulars or documents should comply promptly or risk penalty (section 48(2)). If you believe compliance may incriminate you, you may refuse on that ground (section 48(3)), but assert it clearly.
• Maintain records of classifications, approvals, and any notices received from the director. Keep copies of certificates of classification or advertisement approval as they may be needed for evidence (section 60).
• If your film is reclassified or its classification revoked, you have 30 days to update markings and advertisements (sections 27, 28, 29, 36). Plan for this transition.
• Seek legal advice on the application of the Act to online sales and electronic distribution, as the definitions may catch digital publishing and streaming.