Queensland Consolidated Acts

CLASSIFICATION OF FILMS ACT 1991

- As at 5 June 2017
- Act 77 of 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Object of Act
   2A.     Application of Act
   3.      Definitions
   3A.     Meaning of sell
   3B.     Treatment of single device consisting only of classified films
   4.      Inspectors
   4A.     (Repealed)
   5.      (Repealed)
   6.      (Repealed)
   7.      (Repealed)
   8.      (Repealed)
   9.      (Repealed)
   10.     (Repealed)
   11.     (Repealed)
   12.     (Repealed)
   13.     (Repealed)
   14.     (Repealed)
   15.     (Repealed)
   16.     (Repealed)
   17.     (Repealed)
   18.     (Repealed)
   19.     (Repealed)

   PART 2 - (Repealed)

   PART 3 - EXHIBITION OF FILMS

   20.     Display of classifications notice
   21.     Prohibition against exhibition of certain films in public places
   21A.    Classified films—exhibiting advertisements for other films
   22.     Attendance of certain minors at exhibition of certain films—offence by exhibitor
   23.     Attendance of minor at exhibition of certain films—offence by other persons
   24.     Minors not to be present at exhibition of certain films—offence by minor
   25.     Power to require particulars of name, address and age
   25A.    Proof of particulars may be required
   25B.    Offences relating to particulars
   25C.    Person may be required to leave theatre
   25CA.   Calling in unclassified film for classification
   25CB.   Calling in film for reclassification
   25CC.   Obtaining copies for review
   25D.    Power to require certain advertisements to be submitted for approval
   25E.    Defence to prosecution under s 25D

   PART 4 - ADVERTISING AND SUPPLY OF FILMS

   26.     Prohibition against publishing certain advertisements
   27.     Advertisement to contain determined markings and consumer advice
   28.     False advertising of films prohibited
   29.     Markings and consumer advice on containers
   30.     Display of information about classification
   31.     Classified films containing advertisements for other films
   32.     Display for sale of MA 15+ or R 18+ film
   33.     Sale of MA 15+ or R 18+ film to certain minors prohibited
   34.     Display and sale of objectionable and unclassified films prohibited
   35.     Display and sale of improperly marked unclassified films prohibited
   36.     Display and sale of improperly marked classified films
   36A.    Prohibition against sale of certain films

   PART 5 - OBJECTIONABLE FILMS

   37.     Public exhibition of objectionable film
   38.     Exhibition of an R 18+ or objectionable film before a minor
   39.     Display and sale of objectionable film prohibited
   40.     Keeping together of classified and objectionable films prohibited
   41.     Possession of objectionable film
   42.     Making objectionable film
   43.     Procurement of minor for objectionable film
   44.     No liability in certain circumstances

   PART 6 - INVESTIGATION AND ENFORCEMENT

   45.     Inspector to produce identity card
   46.     Entry and search—monitoring compliance
   47.     Entry and search—evidence of offences
   48.     General powers of inspector in relation to places
   49.     Monitoring warrants
   50.     Offence-related warrants
   51.     Offence-related warrant may be granted by telephone
   52.     Additional power of inspector to seize films
   53.     Inspector may require name and address
   54.     Obstruction etc. of inspectors
   55.     False or misleading statements

   PART 7 - (Repealed)

   PART 8 - MISCELLANEOUS

   60.     Evidentiary provisions
   61.     Indictable offences and summary offences
   62.     Forfeiture
   63.     Return of seized films
   64.     Certain classified films not indecent or obscene
   65.     Regulation-making power
   66.     Chief executive may approve forms
   66A.    Protection of officials from criminal liability

   PART 9 - SAVINGS AND TRANSITIONAL PROVISIONS

           Division 1 - Classification of Films Amendment Act 1993 No. 15

   67.     Existing regulations
   68.     Transitional provisions relating to “MA” films

           Division 2 - Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996 No. 56

   69.     Existing classifications

           Division 3 - Tourism, Fair Trading and Wine Industry Development Legislation Amendment Act 2005

   70.     Conversion of particular classifications of films to equivalent new classifications

           Division 4 - Justice Legislation Amendment Act 2008

   71.     Definitions for div 4
   72.     Existing exemptions for advertisements given under the Commonwealth Act
   73.     Existing appeals
   74.     Existing entitlements to appeal
   75.     Existing proceedings for offences relating to advertisements for films

           Division 5 - Classification of Computer Games and Images and Other Legislation Amendment Act 2013

   76.     Definitions for div 5
   77.     Applications for exemption under s 57
   78.     Existing exemptions under s 58
   79.     Entitlement to review by QCAT
   80.     Review by QCAT

           Division 6 - Court and Civil Legislation Amendment Act 2017

   81.     Application of particular modifications of films for ss 21 and 36A
   82.     Ending of exemptions given under repealed s 57 or 59A
           SCHEDULE 1