Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 6HA

  (1)   A film is taken to have been classified by the Board under this Act if:

  (a)   the film has been classified under the Broadcasting Services Act 1992 , the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 at R18+ or a lower classification; and

  (b)   the film has not previously been classified under this Act; and

  (c)   after the film has been classified under the Broadcasting Services Act 1992 , the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 , a person (the post - classification publisher ) proposes to publish the film.

Note 1:   This Act does not apply to the broadcasting of the film: see section   92.

Note 2:   The deemed classification by the Board is reviewable under Part   5. The post - classification publisher may also seek to have the film reclassified under Part   2: see section   6HB.

  (2)   The film is taken to have the same classification as the classification under the Broadcasting Services Act 1992 , the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 that occurred most recently before the post - classification publisher proposes to publish the film.

  (3)   The classification under this Act takes effect:

  (a)   if the post - classification publisher is an entity that is licenced to provide broadcasting services under the Broadcasting Services Act 1992-- at the time the post - classification publisher proposes to publish the film; or

  (aa)   if the post - classification publisher is the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation--at the time the post - classification publisher proposes to publish the film; or

  (b)   otherwise--at the time the post - classification publisher provides a notice of the classification under subsection   (4).

Notice of classification

  (4)   A notice for the purposes of paragraph   (3)(b) must:

  (a)   include details of the classification and the post - classification publisher; and

  (b)   be in a form approved by the Secretary of the Department.

Exceptions

  (5)   Subsection   (1) does not apply to a film if:

  (a)   the film is a modified version of the film classified under the Broadcasting Services Act 1992 , the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 (other than a film that only has modifications of a kind referred to subsection   21(2) or (3)); or

  (b)   the film contains an advertisement that has been refused approval under this Act.