Australian Capital Territory Repealed Acts

This legislation has been repealed.

PUBLICATIONS CONTROL ACT 1989

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Publications Control Act 1989.1  
   2.      This Act commences on such date as is fixed by the Minister by notice in the Gazette.1  
   3.      In this Act, unless the contrary intention appears—“adult” means a person of or above the age of 18 years; “advertising matter”, in relation to a film or computer game—  
   3A.     3A. (1) In this Act, subject to subsection (2)—“computer game” means—  
   4.      (1) Nothing in this Act applies to, or in relation to, a film that—  

   PART II--OFFENCES

   5.      A person shall not advertise, sell, let on hire or distribute an objectionable publication.  
   6.      A person shall not possess an objectionable publication for the purpose of publishing it.  
   7.      The occupier of any premises shall not keep or permit to be kept at those premises an objectionable publication for the purpose of publishing it.  
   8.      A person shall not exhibit or display an objectionable publication in a public place, or in such a manner that it is visible to persons in or on a public place.  
   9.      A person shall not deposit, or cause to be deposited, an objectionable publication in or on a public place.  
   10.     A person shall not deposit, or cause to be deposited, an objectionable publication in or on private premises without the occupier's permission.  
   11.     A person shall not print or otherwise make or produce an objectionable child publication for the purpose of publishing it.  
   12.     (1) A person shall not sell, let on hire or distribute a video tape or video disc that has not been classified or that has been refused classification.  
   12A.    12A. (1) A person shall not sell, let on hire, distribute or demonstrate a computer game that has not been classified or that has been refused classification.  
   12B.    12B. (1) The Minister may, by notice in the Gazette, determine a computer game or a class of computer games to be exempt from the requirements of section 12A.  
   13.     A person shall not advertise an unclassified video tape, video disc or computer game.  
   14.     A person shall not sell, let on hire or distribute an unclassified publication if the publication, or the container or wrapping in which the publication is sold, let on hire or distributed, bears prescribed markings, determined markings, or any other mark or matter that indicates that the publication is classified.  
   15.     (1) For the purpose of determining whether a publication or advertising matter in relation to a film or computer game is an objectionable publication, the Court shall have regard to the general character of the publication or advertising.  
   16.     (1) The Court shall not find a publication or advertising matter in relation to a film or computer game to be an objectionable publication if it possesses literary or artistic merit or is of a medical, legal or scientific character unless the Court is satisfied that the conduct of the person alleged to have committed an offence against a provision of this Division in relation to the publication or advertising was not justified in the circumstances, having regard, in particular, to the persons or classes of persons into whose hands the publication or advertising was intended or was likely to come.  
   17.     A person shall not be convicted of an offence against this Division in relation to an objectionable publication, other than a video tape, video disc or computer game, if the person establishes that—  
   17E.    17E. The Censorship Board shall not, without the consent of the Attorney-General of the Commonwealth, approve more than 30 applications for certificates of exemption, in any calendar year.  
   17F.    17F. The grant of a certificate of exemption under this Division is subject to such conditions as are determined from time to time by the Attorney-General of the Commonwealth, for the purposes of this section, and published in the Gazette.  
   17G.    17G. The Censorship Board may revoke a certificate of exemption granted under this Division if at any time the use of advertising matter fails to comply with a condition determined under section 17F.  
   18.     A person shall not publish—  
   18A.    18A. A person shall not publish an “MA (15+)” computer game otherwise than in accordance with the conditions set out in section 19AA.  
   19.     (1) The following conditions apply in relation to a publication that is classified as a Category 1 restricted publication:  
   19AA.   19AA. The following conditions apply in relation to an “MA (15+)” computer game:  
   20.     A person shall not deposit, or cause to be deposited—  
   21.     A person shall not deposit, or cause to be deposited—  
   22.     A classified video tape or video disc shall not be sold, let on hire, exhibited or displayed for sale or hire in a public place or exhibited or displayed in a public place if, after classification, it has been edited to include a trailer advertising another film, unless—  
   22A.    22A. A classified computer game shall not be sold, let on hire, demonstrated for sale or hire in a public place or demonstrated in a public place if, after classification, it has been modified to include a trailer advertising another computer game, unless—  
   23.     A person shall not publish advertising matter in relation to a classified video tape, video disc or computer game that indicates that the tape, disc or game is not classified or is differently classified.  
   24.     (1) A person shall not exhibit, or display, in a public place a video tape or a video disc that is a “G”, “PG” or “M” film in a container, wrapping or casing that does not bear the determined markings.  
   25.     A person shall not sell, let on hire or distribute a film, other than a video tape or video disc, that is a “G”, “PG” or “M” film if the film, or the container or wrapping in which the film is sold, let on hire or distributed, bears any mark or matter indicating that the film is not so classified, or that the film is differently classified.  
   26.     (1) A person who sells, lets on hire or distributes a classified film or computer game, or who demonstrates a classified computer game, shall keep displayed, in accordance with subsection (2), a notice about classifications in the form determined by the Chief Censor by notice published in the Gazette.  
   27.     (1) A person shall not sell, let on hire or distribute a film or computer game, or demonstrate a computer game, in association with advertising matter that has been refused approval.  
   28.     (1) A person who is in charge of, or who has the management or control of, a restricted publications area shall not permit a minor to enter that area.  
   29.     (1) Where, in proceedings for an offence, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—  
   30.     Where a body corporate is convicted of an offence, the penalty that the Court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the Court could impose as a pecuniary penalty for that offence.  

   PART III--ENFORCEMENT

   31.     (1) In this Part—“place” includes vacant land, premises, a vehicle, a vessel or an aircraft; “publication” includes advertising matter in relation to a film or computer game.  
   32.     A police officer may enter any place, and may search for and seize any thing that he or she believes on reasonable grounds to be connected with an offence that is found on or in the place if, and only if, the search and seizure is made by the police officer—  
   33.     (1) Before obtaining the consent of a person for the purpose of section 32, a police officer shall inform the person that he or she may refuse to give consent.  
   34.     (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that, on the day on which, or a day within 28 days after the date on which, the information is laid, there is or will be a thing or things of a particular kind connected with a particular offence on or in a place, and the information sets out those grounds, the Magistrate may issue a search warrant authorising a police officer named in the warrant, with such assistance and by such force as is necessary and reasonable—  
   35.     (1) Where a person is charged with an offence in relation to an objectionable publication and the Court is satisfied that the person committed the offence, the Court may order the publication to be forfeited to the Territory.  
   36.     (1) Where a person is charged with an offence, the Court shall, after hearing the matter, order that any publication to which the prosecution relates that has been seized be delivered to the person appearing to the Court to have been entitled to possession of the publication immediately before the seizure.  
   37.     (1) In any proceedings for an offence, a certificate signed or purporting to be signed by the Chief Censor, the Acting Chief Censor, the Deputy Chief Censor or the Acting Deputy Chief Censor and stating that—  

   PART V--MISCELLANEOUS

   38.     (1) The regulations may exempt a specified person or body from specified provisions of this Act, subject to specified conditions (if any).  
   39.     The Executive may make regulations, not inconsistent with this Act, prescribing—  
           ENDNOTES