FILMS, VIDEOS, AND PUBLICATIONS CLASSIFICATION ACT 1993 1993, No. 94 Vol. 1993 ____________________________________ ANALYSIS Title 1. Short Title and commencement PART I PRELIMINARY PROVISIONS 2. Interpretation 3. Meaning of "objectionable" 4. Whether publication objectionable a matter of expert judgment 5. Act to bind the Crown PART II LABELLING OF FILMS LABELLING REQUIREMENTS 6. Films to be labelled 7. Trade screenings 8. Films exempt from labelling requirements ISSUE OF LABELS 9. Application for issue of label 10. Issue of labels 11. Rating and description applicable to copies PART III CLASSIFICATION OF PUBLICATIONS SUBMISSIONS OF PUBLICATIONS 12. Submission of films by labelling body 13. Submission of publications by others 14. How to submit publications (officials) 15. How to submit publications (others) 16. Referral of notice of submission to complaints officer 17. Submission to lapse if publication unobtainable 18. Publication not adaptable to equipment in Classification Office 19. Notification of submission 20. Right to make submissions 21. Other assistance 22. No right to be heard EXAMINATIONS AND CLASSIFICATION OF PUBLICATIONS 23. Examination and classification 24. Soundtrack to be considered 25. Classification Office may copy film 26. Classification applies to identical copies 27. Conditions relating to display of restricted publications 28. Further provisions relating to conditions on public display of restricted publications REFERRAL OF PUBLICATIONS BY COURTS 29. Character of publications arising in court proceedings 30. Report of findings to be sent to court 31. When decision on publication referred by court to take effect EXCISIONS FROM AND ALTERATIONS TO FILMS 32. Excisions from and alterations to films 33. Procedure for making excisions and alterations 34. Classification to apply only if excisions and alterations actually made 35. Provisions to apply to soundtracks ISSUE OF LABELS 36. Issue of labels in respect of films SERIAL PUBLICATIONS 37. Serial publications CLASSIFICATION DECISIONS 38. Decisions of Classification Office 39. Register of Classification Decisions 40. Classification Office to publish list of decisions 41. Decisions to be conclusive evidence 42. Reconsideration of publications FILM POSTERS 43. Film posters EXEMPTIONS 44. Applications for exemption 45. Notification of decision 46. Burden of proof PART IV REVIEW OF CLASSIFICATION DECISIONS APPLICATIONS FOR REVIEW 47. Right of review 48. Applications for review INTERIM RESTRICTIONS ON REVIEW 49. Interim restriction orders 50. Notification of interim restriction order 51. Duration and revocation of interim restriction order CONDUCT OF REVIEWS 52. Conduct of reviews 53. Procedure 54. Consultation 55. Decision of Board 56. Reconsideration of decisions referred under section 41 (3) 57. Board may state case for High Court PART V APPEALS APPEAL TO HIGH COURT 58. Appeal against decision of Board on question of law 59. Notice of appeal 60. Court may dispense with service 61. Right of other parties to appear and be heard on appeal 62. Appeal in respect of additional points of law 63. Orders relating to determination of appeals 64. Dismissal of appeal 65. Extension of time 66. Date of hearing INTERIM RESTRICTIONS ON APPEAL 67. Imposition of interim restrictions on appeal 68. Notification of interim restriction order 69. Duration and revocation of interim restriction order APPEAL TO COURT OF APPEAL 70. Appeal against decision of High Court PART VI BODIES LABELLING BODY 71. Functions of labelling body 72. Approval of labelling body 73. Application for approval as labelling body 74. Community representatives 75. Revocation of approval OFFICE OF FILM AND LITERATURE CLASSIFICATION 76. Office of Film and Literature Classification 77. Functions of Classification Office 78. Powers of Classification Office 79. Membership of Classification Office 80. Appointments to Classification Office 81. Term of office 82. Continuation in office after term expires 83. Vacation of office 84. Holding of other offices 85. Administration of Classification Office 86. Exercise of powers by Deputy Chief Censor 87. Chief Censor may delegate powers 88. Information Unit 89. Annual report 90. Further provisions relating to Classification Office FILM AND LITERATURE BOARD OF REVIEW 91. Film and Literature Board of Review 92. Function 93. Membership 94. Term of office 95. Continuation in office after term expires 96. Extraordinary vacancies 97. Appointment of deputies 98. Application of certain Acts to members 99. Fees and travelling allowances 100. Meetings of Board 101. Board may sit in divisions 102. Provision of administrative services to Board INSPECTORS OF PUBLICATIONS 103. Inspectors of Publications 104. Inspectors who are not public servants 105. Authority to Act as Inspector PART VII SEARCH AND SEIZURE 106. Powers of Inspectors 107. Inspector may seize publications 108. Seizure of objectionable publications 109. Search warrants 110. Form and content of search warrant 111. Powers conferred by warrant 112. Person executing warrant to produce evidence of authority 113. Notice of execution of warrant 114. Custody of property seized 115. Summons to be issued 116. Disposal of publications seized 117. Appeal against order for destruction 118. Disposal of things seized 119. No action to lie PART VIII OFFENCES OFFENCES RELATING TO LABELLING 120. Non-compliance with labelling requirements 121. Unlawful issue of labels OFFENCES INVOLVING OBJECTIONABLE OR RESTRICTED PUBLICATIONS 122. Interpretation 123. Offences of strict liability relating to objectionable publications 124. Offences involving knowledge in relation to objectionable publications 125. Offences of strict liability involving restricted publications 126. Offences involving knowledge in relation to restricted publications 127. Exhibition to persons under 18 128. Circumstances when exhibition or display not an offence 129. Offences in public place 130. Breach of conditions on display of restricted publications 131. Offence to possess objectionable publication 132. Exhibiting parts of a publication MISCELLANEOUS OFFENCES 133. Contravention of serial publication order or interim restriction order 134. Obstruction of Inspector 135. Failure to surrender warrant MISCELLANEOUS PROVISIONS 136. Disposal and forfeiture following conviction 137. No action to lie 138. Liability of employers and principals 139. Directors and officers of bodies corporate 140. Evidence of publication, etc 141. Relief from contracts 142. Offences punishable on summary conviction 143. Extending time for taking prosecutions 144. Leave of Attorney-General to prosecute 145. Delegation of powers by Commissioner of Police PART IX MISCELLANEOUS PROVISIONS GENERAL 146. Classification Office may require sound track to be translated into English 147. Printed matter to be marked with name and address of publisher or wholesale distributor 148. Fees charged by Classification Office to be reasonable REGULATIONS 149. Regulations CONSEQUENTIAL AMENDMENTS, REPEALS, AND REVOCATION 150. Consequential amendments, repeals, and revocation PART X TRANSITIONAL PROVISIONS INDECENT PUBLICATIONS ACT 1963 151. Interpretation 152. Decisions under Indecent Publications Act 1963 153. Proceedings pending or in train before Indecent Publications Tribunal 154. Proceedings pending or in train before High Court 155. Question of indecency arising in court proceedings 156. Alteration of appeal period 157. Interim restriction orders to lapse 158. Restriction orders deemed to be serial publication orders 159. Exemptions VIDEO RECORDINGS ACT 1987 160. Interpretation 161. Classification decisions under Video Recordings Act 1987 162. Videos before labelling body 163. Proceedings pending before Authority or Board of Review 164. Question of indecency arising in court proceedings 165. Proceedings before High Court or Court of Appeal 166. Exemptions FILMS ACT 1983 167. Interpretation 168. Classification decisions under Films Act 1983 169. Proceedings pending before Chief Censor or Board of Review 170. Proceedings before High Court or Court of Appeal DUAL CENSORSHIP DECISIONS 171. Dual censorship decisions MISCELLANEOUS PROVISIONS 172. Vacation of office of existing office-holders 173. Existing Inspectors deemed to be Inspectors 174. Restrictions on redundancy and other entitlements 175. Part to apply in respect of subsisting decisions under previous Films Acts REGULATIONS 176. Regulations relating to transitional matters 177. Expiry of section 176 Schedules ____________________________________ FILMS, VIDEOS, AND PUBLICATIONS CLASSIFICATION ACT 1993 1993, No. 94 An Act to consolidate and amend the law relating to the censoring of films, videos, books, and other publications; and to repeal the Indecent Publications Act 1963, the Films Act 1983, and the Video Recordings Act 1987 [26 August 1993 BE IT ENACTED by the Parliament of New Zealand as follows: SECT. 1. SHORT TITLE AND COMMENCEMENT-- (1) This Act may be cited as the Films, Videos, and Publications Classification Act 1993. (2) Sections 2 and 5, Part VI, section 149, and sections 174 to 177 of this Act, and the First Schedule to this Act, shall come into force on the day after the date on which this Act receives the Royal assent. (3) Except as provided by subsection (2) of this section, this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and one or more Orders in Council may be made appointing different dates for different provisions and for different purposes. PART I PRELIMINARY PROVISIONS SECT. 2. INTERPRETATION-- In this Act, unless the context otherwise requires,-- "Advertising poster" means any poster, placard, photograph, or other printed pictorial matter that is intended for use in the advertising of any publication (other than a film) to the public; and includes a miniature representation of the whole or part of any such poster; and also includes any enlarged representation of the whole or any part of any such poster: "Authorised distributor", in relation to a publication, means-- (a) The person who appears to the Classification Office to be lawfully entitled to distribute the publication in New Zealand; or (b) Where there is no such person, the owner of the publication: "Board of Review" or "Board" means the Film and Literature Board of Review established by section 91 of this Act: "Book"-- (a) Means any book, magazine, or periodical, whether in manuscript or final form; but (b) Does not include a newspaper published at intervals of less than one month: "Broadcasting" has the same meaning as in section 2 of the Broadcasting Act 1989: "Cassette", in relation to a video recording, means any case in which the video recording is kept and from which the video recording need not be removed in order for the video recording to be viewed: "Chief Censor" means the Chief Censor of Film and Literature appointed under section 80 (1) of this Act: "Classification" means the classification given to a publication under section 23 or section 55 or section 56 of this Act: "Classification Office" means the Office of Film and Literature Classification established under section 76 of this Act: "Classification officer" means a person appointed as a classification officer pursuant to section 80 (2) of this Act: "Complaints officer" means a person designated under clause 3 of the First Schedule to this Act as a complaints officer: "Deputy Chief Censor" means the Deputy Chief Censor of Film and Literature appointed under section 80 (1) of this Act: "Description" means the description of the contents of a film assigned to it under this Act: "Display case", in relation to a video recording, means any case or other container (other than a case or container that is not intended to be displayed to the public)-- (a) In which the video recording is kept, or that is displayed, in any premises in which video recordings are supplied or offered for supply, to indicate that the video recording is available for supply; and (b) That shows the title of that video recording; and (c) That must be removed before the video recording can be viewed: "Exhibit", in relation to a sound recording, means to play that sound recording: "Exhibit to the public", in relation to a film,-- (a) Means to screen or arrange or organise the screening of, or to assist any other person to screen or arrange or organise the screening of, the film-- (i) To the public, or any section of the public; or (ii) To any group or class of persons otherwise than in a private residence,-- whether or not a charge is made for admission to the premises in which the exhibition is held; but (b) Does not include the broadcasting of the film;-- and "public exhibition" has a corresponding meaning: "Film" means a cinematograph film, a video recording, and any other material record of visual moving images that is capable of being used for the subsequent display of those images; and includes any part of any film, and any copy or part of a copy of the whole or any part of a film: "Film poster" means any poster, placard, video slick, photograph, or other printed pictorial matter that is intended for use in the advertising or exhibition of any film to the public; and includes a miniature representation of the whole or part of any such poster; and also includes any enlarged representation of the whole or any part of any such poster: "Information Unit" means the Information Unit established under section 88 of this Act: "Inspector" means an Inspector of Publications holding office under subsection (1) or subsection (2) of section 103 of this Act; and includes a member of the Police: "Interim restriction order",-- (a) In Part IV of this Act, means an order made under section 49 of this Act: (b) In Part V of this Act, means an order made under section 67 of this Act: "Issue", in relation to a serial publication, means a separately published part of that publication: "Label" means a label issued in respect of a film under this Act: "Labelling body" means the body for the time being approved by the Minister under section 72 of this Act: "Minister" means the Minister of Internal Affairs: "Newspaper" means any newspaper within the meaning of the Newspapers and Printers Act 1955, or any periodical publication that is published (whether in New Zealand or elsewhere) at intervals not exceeding 40 days, or any copy of, or part of any copy of, any newspaper as so defined; and every publication that at any time accompanies and is distributed along with any newspaper shall be deemed to form part of the newspaper: "Objectionable" has the meaning given to it in section 3 of this Act: "Package" includes anything in which goods may be cased, covered, enclosed, contained, or packed: "Premises" means any building, enclosure, ground, or open-air space: "Printed matter" means any book, paper, pamphlet, periodical, letterpress, print, picture, photograph, lithograph, or other reproduction; but does not include-- (a) Any newspaper registered under the Newspapers and Printers Act 1955; or (b) Any printed matter of a purely official, religious, social, professional, scholastic, commercial, business, or trading character: "Private residence" means a place of residence of any person in respect of which that person has the exclusive right of occupation; and includes-- (a) Private rooms in any hotel, hostel, apartment building, or boardinghouse; and (b) Motel units, cabins, and baches; and (c) Any other places of temporary residence,-- whether self-contained or not: "Publication" means-- (a) Any film, book, sound recording, picture, newspaper, photograph, photographic negative, photographic plate, or photographic slide: (b) Any print or writing: (c) Any paper or other thing-- (i) That has printed or impressed upon it, or otherwise shown upon it, any word, statement, sign, or representation; or (ii) On which is recorded or stored any information that, by the use of any computer or other electronic device, is capable of being reproduced or shown as any word, statement, sign, or representation: "Public display",-- (a) In relation to a publication, means the display of that publication in a public place in circumstances that may reasonably be taken to indicate that the publication is available for supply: (b) In relation to an advertising poster or a film poster, means the display of the poster in a public place in circumstances that may reasonably be taken to indicate that the publication to which the poster relates is available for supply: "Public place" has the same meaning as in section 2 of the Summary Offences Act 1981: "Rating" means the description of the audience for which a film is suitable (as determined in accordance with regulations made under this Act) assigned to a film under this Act: "Register" means the Register of Classification Decisions kept under section 39 of this Act: "Restricted Publication" means a publication that is classified under section 23 (2) (c) of this Act: "Search warrant" means a warrant issued under section 109 of this Act: "Secretary" means the Secretary for Internal Affairs: "Serial publication"-- (a) Means-- (i) A magazine or periodical published at substantially regular intervals: (ii) Any printed publication divided into parts that are published separately at intervals; but (b) Does not include a newspaper published at intervals of less than one month: "Serial publication order" means an order made under section 37 (1) of this Act: "Supply" means to sell, or deliver by way of hire, or offer or sale or hire: "Supply to the public", in relation to a film,-- (a) Means supply by way of sale, hire, exchange, or loan, in the course of any business; and includes sale, hire, exchange, or loan by-- (i) Any public library; or (ii) Any club or association, whether public or private, and whether incorporated or unincorporated, that, as part of its activities, makes films available to its members; but (b) Does not include any supply of any film to any person who makes or distributes or supplies films, unless that person intends to supply that film to the public or, in the case of a club or association to which paragraph (a) (ii) of this definition applies, to its members;-- and "public supply" has a corresponding meaning: "Video game" means any video recording that is designed for use wholly or principally as a game: "Video recording" means any disc, magnetic tape, or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture: "Video slick", in relation to a video recording, means any leaflet or notice (whether with or without illustrations or photographs) that contains information about the video recording and is intended to be affixed to, or inserted inside any sleeve of, any display case: "Wholesale distributor" means any person who imports for sale in New Zealand otherwise than to the public any printed matter published outside New Zealand: "Working day" means any day of the week other than-- (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and (b) A day in the period commencing with the 25th day of December in any year and ending with the 15th day of January in the following year. SECT. 3. MEANING OF "OBJECTIONABLE"-- (1) For the purposes of this Act, a publication is objectionable if it describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty, or violence in such a manner that the availability of the publication is likely to be injurious to the public good. (2) A publication shall be deemed to be objectionable for the purposes of this Act if the publication promotes or supports, or tends to promote or support,-- (a) The exploitation of children, or young persons, or both, for sexual purposes; or (b) The use of violence or coercion to compel any person to participate in, or submit to, sexual conduct; or (c) Sexual conduct with or upon the body of a dead person; or (d) The use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct; or (e) Bestiality; or (f) Acts of torture or the infliction of extreme violence or extreme cruelty. (3) In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) of this section applies) is objectionable or should be given a classification other than objectionable, particular weight shall be given to the extent and degree to which, and the manner in which, the publication-- (a) Describes, depicts, or otherwise deals with-- (i) Acts of torture, the infliction of serious physical harm, or acts of significant cruelty: (ii) Sexual violence or sexual coercion, or violence or coercion in association with sexual conduct: (iii) Other sexual or physical conduct of a degrading or dehumanising or demeaning nature: (iv) Sexual conduct with or by children, or young persons, or both: (v) Physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain: (b) Exploits the nudity of children, or young persons, or both: (c) Degrades or dehumanises or demeans any person: (d) Promotes or encourages criminal acts or acts of terrorism: (e) Represents (whether directly or by implication) that members of any particular class of the public are inherently inferior to other members of the public by reason of any characteristic of members of that class, being a characteristic that is a prohibited ground of discrimination specified in section 21 (1) of the Human Rights Act 1993. (4) In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) of this section applies) is objectionable or should be given a classification other than objectionable, the following matters shall also be considered: (a) The dominant effect of the publication as a whole: (b) The impact of the medium in which the publication is presented: (c) The character of the publication, including any merit, value, or importance that the publication has in relation to literary, artistic, social, cultural, educational, scientific, or other matters: (d) The persons, classes of persons, or age groups of the persons to whom the publication is intended or is likely to be made available: (e) The purpose for which the publication is intended to be used: (f) Any other relevant circumstances relating to the intended or likely use of the publication. SECT. 4. WHETHER PUBLICATION OBJECTIONABLE A MATTER OF EXPERT JUDGEMENT-- (1) The question whether or not a publication is objectionable is a matter for the expert judgment of the person or body authorised or required, by or pursuant to this Act, to determine it, and evidence as to, or proof of, any of the matters or particulars that the person or body is required to consider in determining that question is not essential to its determination. (2) Without limiting subsection (1) of this section, where evidence as to, or proof of, any such matters or particulars is available to the body or person concerned, that body or person shall take that evidence or proof into consideration. SECT. 5. ACT TO BIND THE CROWN-- This Act binds the Crown. PART II LABELLING OF FILMS LABELLING REQUIREMENTS SECT. 6. FILMS TO BE LABELLED-- (1) Subject to sections 7 and 8 of this Act, a film must not be supplied to the public or offered for supply to the public unless-- (a) A label has been issued in respect of that film; and (b) The requirements of this Act with respect to the affixing of that label are complied with. (2) Subject to sections 7 and 8 of this Act, a film must not be exhibited to the public unless-- (a) A label has been issued in respect of that film; and (b) The requirements of this Act with respect to the display and advertisement of the contents of that label are complied with. Cf. 1983, No. 130, Ss.7, 8; 1987, No. 85, s.5 SECT. 7. TRADE SCREENINGS-- Section 6 of this Act does not apply in respect of the private screening, for commercial purposes, of any film where-- (a) That screening is by-- (i) The maker, owner, or distributor of the film; or (ii) An expressly authorised agent of the maker, owner, or distributor; and (b) That screening is to any person engaged in the film industry, or in any industry closely associated with the film industry; and (c) That screening is carried out in accordance with normal trade practice before the maker, owner, or distributor applies for the issue of a label in respect of the film. Cf. 1983, No. 130, s.6 SECT. 8. FILMS EXEMPT FROM LABELLING REQUIREMENTS-- (1) Subject to subsections (2) and (3) of this section, section 6 of this Act does not apply in respect of any of the following films: (a) Any film owned, produced, or sponsored by, and relating to the policy, functions, or operations of,-- (i) Any Government Department named in Part I of the First Schedule to the Ombudsmen Act 1975: (ii) Any organisation named in Part II of the First Schedule to the Ombudsmen Act 1975 or in the First Schedule to the Official Information Act 1982: (iii) Any local organisation named or specified in Part III of the First Schedule to the Ombudsmen Act 1975: (b) Any film directly related wholly or principally to personnel training and development, or public, business, or industrial administration, management, and organisation: (c) Any film depicting wholly or principally agricultural, industrial, or manufacturing processes or technological development: (d) Any pure, applied, physical, or natural scientific film: (e) Any film relating wholly or mainly to the social sciences, including economics, geography, anthropology, and linguistics: (f) Any natural history film, and any film depicting wholly or principally natural scenery: (g) Any film of news and current affairs, any documentary, and any historical account containing a unity of subject-matter: (h) Any film depicting wholly or principally sporting events or recreational activities: (i) Any film that is designed to provide a record of an event or occasion (such as a wedding) for those who took part in the event or occasion or are connected with those who did so: (j) Any film depicting wholly or mainly surgical or medical techniques and used for educational and instructional purposes: (k) Any film that is wholly or mainly a commercial advertisement relating to the advertiser's or sponsor's activities: (l) Any film directly related to the curriculum of pre-school, primary, secondary, or tertiary educational institutions: (m) Any film wholly or mainly of a religious nature: (n) Any film depicting wholly or mainly travel: (o) Any film depicting wholly or mainly cultural activities: (p) Any film intended for supply or exhibition solely to ethnic organisations: (q) Any video game. (2) The Chief Censor may, at any time, require any person who proposes to exhibit to the public or supply to the public any film of a class mentioned in subsection (1) of this section, or who has exhibited to the public or supplied to the public any such film, to make an application under section 9 of this Act for the issue of a label in respect of that film. (3) Nothing in subsection (1) of this section exempts any film from the requirements of section 6 of this Act if-- (a) The film is a restricted publication; or (b) The Chief Censor has required the film to be submitted to the labelling body under subsection (2) of this section. Cf. 1983, No. 130, Ss.9-12; 1987, No. 85, s.6; 1990, No. 58, s.4 ISSUE OF LABELS SECT. 9. APPLICATIONS FOR ISSUE OF LABEL-- (1) Subject to subsection (2) of this section, the following persons may apply to the labelling body for the issue of a label in respect of a film: (a) Any person who is engaged in the production, distribution, public supply, or public exhibition of films: (b) Any person who proposes to supply to the public or exhibit to the public the film in respect of which the application is made. (2) Subsection (1) of this section does not apply to any film-- (a) In respect of which a label has already been issued under this Act; or (b) That has been classified under this Act as objectionable. (3) Subject to subsection (4) of this section, every application under subsection (1) of this section shall be accompanied by-- (a) A copy of the film in respect of which the application is made; and (b) The fee set by the labelling body for such an application. (4) The labelling body may, in accordance with regulations made under this Act, exempt any applicant from the requirements of subsection (3) (a) of this section. Cf. 1983, No. 130, s.8; 1987, No. 85, s.12 SECT. 10. ISSUE OF LABELS-- (1) Subject to any regulations made under this Act, on receiving an application under section 9 (1) of this Act, the labelling body shall, as soon as practicable, examine the film and, subject to subsection (3) of this section and to section 12 of this Act, shall issue a label in respect of that film. (2) The label shall contain-- (a) The rating assigned to that film by the labelling body; and (b) Where appropriate, a description of the contents of that film indicating whether the film contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour. (3) The labelling body shall not issue a label in respect of any film that has been classified by the Classification Office or the Board as objectionable. Cf. 1987, No. 85, s.13 SECT. 11. RATING AND DESCRIPTION APPLICABLE TO COPIES-- For the purposes of this Part of this Act, the rating and description (if any) assigned to any film under section 10 of this Act shall apply to every copy of that film that is identical in content with it, whether or not the copy is in a different gauge or a different technical form. Cf. 1983, No. 130, s.8 (5)-(8); 1987, No. 85, s.13 (3) PART III CLASSIFICATION OF PUBLICATIONS SUBMISSION OF PUBLICATIONS SECT. 12. SUBMISSION OF FILMS BY LABELLING BODY-- (1) Where-- (a) An application is made under section 9 (1) of this Act in respect of a film; and (b) The labelling body is not permitted, under regulations made under this Act, to assign a rating to that film,-- the labelling body shall submit that film to the Classification Office for examination and classification pursuant to section 23 of this Act. (2) Where-- (a) The labelling body is having substantial difficulty in determining the appropriate rating to assign to a film; or (b) There is disagreement among the persons who are carrying out the functions of the labelling body on the appropriate rating to assign to a film,-- the labelling body may, subject to subsection (3) of this section, submit that film to the Classification Office for examination and classification pursuant to section 23 of this Act. (3) The labelling body may submit a film to the Classification Office under subsection (2) of this section only with the leave of the Chief Censor. That leave may be obtained on application made on the form provided for that purpose by the Chief Censor. (4) Where the Classification Office directs, under section 36 of this Act, that a label should be issued in respect of any film submitted to it under subsection (1) or subsection (2) of this section, the labelling body shall issue a label in accordance with the direction of the Classification Office. Cf. 1987, No. 85, s.15 SECT. 13. SUBMISSION OF PUBLICATIONS BY OTHERS-- (1) Any of the following persons may submit a publication to the Classification Office for a decision on that publication's classification: (a) The Comptroller of Customs: (b) The Secretary: (c) Subject to subsection (2) of this section, any other person. (2) A publication may be submitted to the Classification Office under subsection (1) (c) of this section only with the leave of the Chief Censor given under section 15 of this Act. (3) The Chief Censor may, on his or her own motion, determine that any publication should be received for examination by the Classification Office. In any such case the Chief Censor shall, by notice in writing, direct the Comptroller of Customs or the Secretary to take all reasonable steps to obtain a copy of the publication and submit it to the Classification Office under paragraph (a) or, as the case requires, paragraph (b) of subsection (1) of this section. Cf. 1963, No. 22, s.14 (1), (2); 1987, No. 85, s.19 (1)-(3) SECT. 14. HOW TO SUBMIT PUBLICATIONS (OFFICIALS)-- (1) A publication shall be submitted to the Classification Office under subsection (1) (a) or (b) of section 13 of this Act by lodging a notice of submission in the prescribed manner with the Classification Office. (2) Every notice of submission shall be in the form provided for that purpose by the Chief Censor. (3) Every notice of submission lodged with the Classification Office shall be accompanied by-- (a) The prescribed fee (if any); and (b) A copy of the publication to which the notice relates. Cf. 1963, No. 22, s.14 (4); 1987, No. 85, s.19 (4) SECT. 15. HOW TO SUBMIT PUBLICATIONS (OTHERS)-- (1) Every person who wishes to submit a publication to the Classification Office under section 13 (1) (c) of this Act shall lodge a notice of submission in the prescribed manner with the Classification Office. (2) Every notice of submission shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any). (3) Subject to section 16 of this Act, on receiving a notice of submission lodged under this section, the Chief Censor shall decide whether or not to give leave for the publication to be submitted to the Classification Office. (4) Where the Chief Censor grants leave under this section in relation to a publication, the publication shall be deemed to have been submitted to the Classification Office for a decision on that publication's classification. (5) Where in relation to a publication, the Chief Censor grants, or refuses to grant, leave under this section, the Chief Censor shall give written notice of-- (a) That decision; and (b) In the case of a refusal to grant leave, the reasons for that decision,-- to the person who lodged the notice of submission. (6) Where, in relation to a publication, the Chief Censor refuses to grant leave under this section, every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of the notice given pursuant to subsection (5) of this section in relation to that refusal. Cf. 1963, No. 22, s.14 (3), (4); 1987, No. 85, s.19 (4), (5) SECT. 16. REFERRAL OF NOTICE OF SUBMISSION TO COMPLAINTS OFFICER-- (1) Notwithstanding anything in subsection (3) of section 15 of this Act, where a notice of submission is lodged under that section, the Chief Censor may, in his or her discretion, refer the notice to a complaints officer. (2) On any such referral, the complaints officer shall-- (a) Consider the publication; and (b) Determine whether or not, in his or her opinion, the Chief Censor should give leave under section 15 of this Act for the publication to be submitted to the Classification Office; and (c) Report his or her opinion to the Chief Censor. (3) In making a determination under subsection (2) of this section, the complaints officer shall have regard to any guidelines issued for the purpose by the Chief Censor. (4) Where the Chief Censor receives a report under subsection (2) (c) of this section in relation to a publication, the Chief Censor shall take the recommendation in that report into consideration in deciding, under section 15 of this Act, whether or not to grant leave for the publication to be submitted to the Classification Office. SECT. 17. SUBMISSION TO LAPSE IF PUBLICATION UNOBTAINABLE-- (1) Where a notice of submission relating to a publication is lodged with the Classification Office under section 15 (1) of this Act, and a copy of that publication is not submitted to the Classification Office, the Classification Office shall take all reasonable steps to obtain a copy of the publication. (2) If the Classification Office, after taking such steps as are required by subsection (1) of this section, is unable to obtain a copy of the publication, that notice of submission shall lapse, and the Classification Office shall notify the person who submitted that notice accordingly. Cf. 1987, No. 85, s.19 (6), (7) SECT. 18. PUBLICATION NOT ADAPTABLE TO EQUIPMENT IN CLASSIFICATION OFFICE-- If any publication submitted under section 12 or section 13 or section 42 of this Act is not adaptable to the equipment in the Classification Office, the Classification Office may, except where section 17 (1) of this Act applies, require the person submitting the publication to make it available for examination by the Classification Office at such place as the Classification Office directs, and to pay all or any of the costs associated with the examination of the publication at that place. Cf. 1987, No. 85, s.19 (8) SECT. 19. NOTIFICATION OF SUBMISSION-- Where a person submits a publication to the Classification Office under section 13 of this Act,-- (a) The Chief Censor shall forthwith direct the submitter to give notice of the submission to any other person that the Chief Censor reasonably believes should be given notice of the submission by reason of that person's interest in the publication (being an interest as owner, maker, distributor, or publisher of the publication): (b) The Chief Censor may, at any time before the publication has been classified by the Classification Office,-- (i) Direct the submitter to give notice of the submission to any other specified person or class of persons, in such manner and within such time as the Chief Censor may specify: (ii) Direct the submitter to publicise the fact that the submission has been made, in such manner and within such time as the Chief Censor may specify. Cf. 1963, No. 22, s.14 (4) SECT. 20. RIGHT TO MAKE SUBMISSIONS-- (1) The following persons may make written submissions to the Classification Office in respect of the classification of any publication submitted to the Classification Office under section 13 of this Act: (a) The Secretary: (b) The person who submitted the publication: (c) Any person who is notified under paragraph (a) or paragraph (b) (i) of section 19 of this Act: (d) Such other persons who satisfy the Chief Censor that they are likely to be affected by the classification of the publication. (2) Where a publication is referred to the Classification Office under section 29 (1) or section 41 (3) of this Act, every person who is a party to the proceeding in respect of which that referral is made shall have the right to make written submissions to the Classification Office in respect of the classification of that publication. Cf. 1963, No. 22, s.14 (6) SECT. 21. OTHER ASSISTANCE-- (1) In examining any publication for the purposes of this Part of this Act, the Classification Office may show the publication to any person whom the Classification Office considers may be able to assist the Office in forming an opinion of the publication on which to base the decision of the Classification Office in respect of the publication. (2) Nothing in this Act relating to the exhibition or display of publications shall apply to the exhibition or display of a publication by or at the request of the Classification Office for the purposes of subsection (1) of this section. (3) In examining any publication for the purposes of this Part of this Act, the Classification Office may-- (a) Invite such persons as it thinks fit to make written submissions to the Classification Office in relation to the publication: (b) Obtain information from such persons, and make such inquiries, as it thinks fit. Cf. 1983, No. 130, s.14; 1987, No. 85, s.22 SECT. 22. NO RIGHT TO BE HEARD-- It shall not be necessary for the Classification Office to hold any hearing, nor, subject to section 20 of this Act, shall any person have the right to appear before, or to be heard by, or to make submissions to, the Classification Office in relation to any matter that is before that Office. EXAMINATION AND CLASSIFICATION OF PUBLICATIONS SECT. 23. EXAMINATION AND CLASSIFICATION-- (1) As soon as practicable after a publication has been submitted or referred to the Classification Office under this Act, the Classification Office shall examine the publication to determine the classification of the publication. (2) After examining a publication, and having taken into account the matters referred to in section 3 of this Act, the Classification Office shall classify the publication as-- (a) Unrestricted; or (b) Objectionable; or (c) Objectionable except in any one or more of the following circumstances: (i) If the availability of the publication is restricted to persons who have attained a specified age: (ii) If the availability of the publication is restricted to specified persons or classes of persons: (iii) If the publication is used for one or more specified purposes. (3) Without limiting the power of the Classification Office to classify a publication as a restricted publication, a publication that would otherwise be classified as objectionable may be classified as a restricted publication in order that the publication may be made available to particular persons or classes of persons for educational, professional, scientific, literary, artistic, or technical purposes. Cf. 1963, No. 22, s.10; 1983, No. 130, s.15 (1), (2); 1987, No. 85, s.23 (1) SECT. 24. SOUNDTRACK TO BE CONSIDERED-- Where a film is intended to be viewed with an accompanying soundtrack (whether or not the soundtrack is an integral part of the film), an examination of the film under section 23 of this Act shall also take into account the content of the soundtrack and its relationship to the film. Cf. 1983, No. 130, s.13 (5); 1987, No. 85, s.21 (4) SECT. 25. CLASSIFICATION OFFICE MAY COPY FILM-- (1) Where the Classification Office examines any film under this Part of this Act, it may make 1 copy of that film, and any accompanying soundtrack, for the purposes of comparing that copy with any film that it subsequently examines. (2) The making of a copy of any film or any soundtrack under this section shall not constitute an infringement of the copyright (if any) in that film or soundtrack or in any material incorporated in that film or soundtrack. Cf. 1987, No. 85, s.21 (5), (6) SECT. 26. CLASSIFICATION APPLIES TO IDENTICAL COPIES-- For the purposes of this Act, the classification given to a publication under section 23 or section 55 or section 56 of this Act shall apply to every copy of that publication that is identical in content with it. Cf. 1987, No. 85, s.23 (2) SECT. 27. CONDITIONS RELATING TO DISPLAY OF RESTRICTED PUBLICATIONS-- (1) Where, pursuant to this Part of this Act, the Classification Office classifies any publication as a restricted publication, the Classification Office shall in every case consider whether or not conditions in respect of the public display of that publication should be imposed pursuant to this section, and may, at the time of classifying that publication, impose such conditions. (2) In determining whether or not to impose conditions pursuant to this section, and in determining the conditions that it should impose, the Classification Office shall have regard to the following matters: (a) The reasons for classifying the publication as a restricted publication: (b) The terms of the classification given to the publication: (c) The likelihood that the public display of the publication, if not subject to conditions or, as the case may be, any particular condition, would cause offence to reasonable members of the public. (3) Where the Classification Office considers that the public display of the publication, if not subject to conditions under this section, would be likely to cause offence to reasonable members of the public, the Classification Office shall, at the time of classifying that publication, impose such conditions under this section in respect of the public display of that publication as it considers necessary to avoid the causing of such offence. (4) The conditions that may be imposed pursuant to this section in respect of the public display of a publication (other than a film) are as follows: (a) That when the publication is on public display, the classification given to the publication must be shown, in such manner as the Classification Office may specify, on-- (i) The publication; or (ii) Any package in which the publication is kept: (b) That the publication must be publicly displayed only in a sealed package: (c) That where the publication is publicly displayed in a package, the package must be made of opaque material: (d) That-- (i) The publication; or (ii) Any advertising poster relating to the publication,-- or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises): (e) That-- (i) The publication; or (ii) Any advertising poster relating to the publication,-- or both, must not be publicly displayed in any place in which the publication is available for supply, and must be shown in that place only to persons who make a direct request for the publication or, as the case requires, the poster. (5) The conditions that may be imposed pursuant to this section in respect of the public display of a film are as follows: (a) That-- (i) The film; or (ii) Any film poster relating to the film (whether or not the poster is attached to the cassette, case, or other container in which the film is kept),-- or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises): (b) That the film, or any cassette, case, or other container in which the film is kept, must be publicly displayed only in a package made of opaque material: (c) That-- (i) The film; or (ii) Any film poster relating to the film (whether or not the poster is attached to the cassette, case, or other container in which the film is kept),-- or both, must not be publicly displayed in any place in which the film is available for supply, and must be shown in that place only to persons who make a direct request for the film or, as the case requires, the poster. SECT. 28. FURTHER PROVISIONS RELATING TO CONDITIONS ON PUBLIC DISPLAY OF RESTRICTED PUBLICATIONS-- (1) Any one or more of the conditions specified in subsection (4) or, as the case may require, subsection (5) of section 27 of this Act may be imposed in respect of a publication, and, without limiting the generality of the foregoing, any 2 or more conditions may be expressed as alternatives. (2) Subject to subsections (2) and (3) of section 27 of this Act, in determining whether to impose, or in imposing, in respect of a publication other than a book or a newspaper, the condition specified in section 27 (4) (a) of this Act, the Classification Office shall have regard to the nature of the publication. (3) Nothing in section 27 (5) of this Act limits or affects the powers of the Classification Office to examine or approve film posters under any regulations made under this Act. (4) For the purposes of this Act, a condition imposed pursuant to subsection (4) (e) or subsection (5) (c) of section 27 of this Act prohibiting the public display of any thing in any place shall, in so far as the condition relates to the public display of that thing in any premises, prohibit the public display of that thing not only in those premises but also-- (a) On the exterior of those premises: (b) In the immediate vicinity of those premises. REFERRAL OF PUBLICATIONS BY COURTS SECT. 29. CHARACTER OF PUBLICATIONS ARISING IN COURT PROCEEDINGS-- (1) Except as provided in subsections (2) and (3) of this section, where in any civil or criminal proceedings before a court (including any proceedings under section 116 of this Act) a question arises whether any publication-- (a) Is objectionable; or (b) Is objectionable except in any one or more of the following circumstances: (i) If the availability of the publication is restricted to persons who have attained a specified age: (ii) If the availability of the publication is restricted to specified persons or classes of persons: (iii) If the publication is used for one or more specified purposes,-- the court shall refer the question to the Classification Office for decision, and the Classification Office shall have exclusive jurisdiction to determine the question. (2) Where in any civil or criminal proceedings the defendant admits that a publication-- (a) Is objectionable; or (b) Is objectionable except in any one or more of the circumstances referred to in subsection (1) (b) of this section,-- the court may accept that admission and dispense with a reference to the Classification Office. (3) Where the Classification Office or the Board has classified a publication under this Act, the production in any proceedings of a copy, certified by the Classification Office, of the entry in the register recording that decision, together with a certificate from the Classification Office that the decision is still in force, shall be sufficient proof in any court of the decision, and if that decision is conclusive proof of the classification of that publication under section 41 of this Act, the court shall dispense with a reference to the Classification Office in those proceedings. Cf. 1963, No. 22, s.12; 1987, No. 85, s.20; 1990, No. 59, s.4 SECT. 30. REPORT OF FINDINGS TO BE SENT TO COURT-- Where the Classification Office has classified any publication referred to it pursuant to section 29 (1) or section 41 (3) of this Act, the Classification Office shall forward a report of its findings to the court that referred the publication. Cf. 1987, No. 85, s.25 (1) SECT. 31. WHEN DECISION ON PUBLICATION REFERRED BY COURT TO TAKE EFFECT-- Where,-- (a) In any civil or criminal proceedings, a publication is referred to the Classification Office pursuant to section 29 (1) or section 41 (3) of this Act by a court; and (b) The Classification Office makes a decision with respect to that publication,-- then, subject to section 55 (3) of this Act, that decision shall be of no effect in relation to those proceedings until,-- (c) If no application for a review of that decision is lodged pursuant to section 47 of this Act within the period of 30 working days prescribed by section 48 (1) (b) of this Act, the expiry of that period; or (d) If any such application for a review is lodged within that period, the Board has made a determination in relation to that review. Cf. 1987, No. 85, s.26 EXCISIONS FROM AND ALTERATIONS TO FILMS SECT. 32. EXCISIONS FROM AND ALTERATIONS TO FILMS-- Notwithstanding anything in section 23 of this Act, if, after examining a film under this Part of this Act (other than a film referred to it pursuant to section 29 (1) or section 41 (3) of this Act), the Classification Office is of the opinion that it would classify the film differently according to whether any specified part or parts of the film are excised from or left in the film, it shall, before making a final determination in respect of the classification of the film, follow the procedure prescribed by section 33 of this Act. Cf. 1983, No. 130, s.15 (3); 1987, No. 85, s.24 (1) SECT. 33. PROCEDURE FOR MAKING EXCISIONS AND ALTERATIONS-- (1) In any case to which section 32 of this Act applies, the Classification Office shall notify the authorised distributor of the film of-- (a) The classification that the Classification Office would give to the film if any specified part or parts of the film were excised or altered to the satisfaction of the Classification Office; and (b) The classification that the Classification Office would give to the film if the specified part or parts of the film were not excised or altered to the satisfaction of the Classification Office. (2) If the authorised distributor of the film agrees to each such excision or alteration to the satisfaction of the Classification Office, the Classification Office shall classify that film in accordance with section 23 of this Act as if each of the required excisions and alterations were made. (3) If the authorised distributor of the film refuses or fails, within 20 working days after the date of the Classification Office's notice, or within such further period as the Classification Office may allow, to agree to any such alteration or excision to the satisfaction of the Classification Office, the Classification Office shall classify the film in accordance with section 23 of this Act. (4) If the authorised distributor of the film agrees to some but not all of the excisions or alterations, the Classification Office shall classify the film in accordance with section 23 of this Act as if the excisions and alterations agreed to by the authorised distributor of the film had been made. (5) In determining whether to exercise, or in exercising, the Classification Office's powers under this section in respect of any film, the Classification Office may consider the effect that any such excision or alteration may have on the continuity of the film or on its overall effect. Cf. 1983, No. 130, s.16 (1)-(7); 1987, No. 85, s.24 (2)-(6) SECT. 34. CLASSIFICATION TO APPLY ONLY IF EXCISIONS AND ALTERATIONS ACTUALLY MADE-- Where, pursuant to subsection (2) or subsection (4) of section 33 of this Act, the Classification Office classifies any film as if certain excisions or alterations had been made to that film,-- (a) That classification shall apply in respect of that film only if those excisions or alterations are in fact made; and (b) The Classification Office shall not direct the labelling body to issue a label in respect of that film unless the Classification Office is satisfied that those excisions or alterations have been made. Cf. 1987, No. 85, s.24 (7) SECT. 35. PROVISIONS TO APPLY TO SOUNDTRACKS-- Sections 32 to 34 of this Act, so far as they are applicable and with the necessary modifications, shall apply with respect to any soundtrack intended to accompany the viewing of any film being examined. Cf. 1983, No. 130, s.16 (11); 1987, No. 85, s.24 (8) ISSUE OF LABELS SECT. 36. ISSUE OF LABELS IN RESPECT OF FILMS-- (1) Where the Classification Office has examined and classified a film submitted to it pursuant to section 12 of this Act, the Classification Office shall, subject to subsection (4) of this section and to section 34 (b) of this Act, direct the labelling body to issue a label in respect of that film. (2) Where the Classification Office has examined and classified a film submitted to it under section 13 or section 42 of this Act, or referred to it pursuant to section 29 (1) or section 41 (3) of this Act, the Classification Office may, subject to section 34 (b) of this Act, if the Classification Office is satisfied that the film is available for public supply or public exhibition, or is intended to be made available for public supply or public exhibition, direct the labelling body to issue a label in respect of that film. (3) Every direction under subsection (1) or subsection (2) of this section shall specify, in respect of the film,-- (a) Either,-- (i) Where the Classification Office has classified the film as unrestricted, the rating to be assigned to that film; or (ii) Where the Classification Office has classified the film as a restricted publication, the classification of that film; and (b) Where appropriate, the description to be assigned to that film; and (c) Where, pursuant to section 27 of this Act, the Classification Office has imposed conditions on the public display of the film, or any film poster relating to the film, or both, those conditions. (4) The Classification Office shall not direct the labelling body to issue a label in respect of any film that the Classification Office has classified as objectionable. (5) Where, under subsection (2) of this section, the Classification Office directs the labelling body to issue a label in respect of any film, any label previously issued in respect of that film by the labelling body, and any previous direction by the Classification Office to the labelling body to issue a label in respect of that film, shall, for the purposes of this Act, be deemed to be cancelled. Cf. 1987, No. 85, s.25 (2)-(6) SERIAL PUBLICATIONS SECT. 37. SERIAL PUBLICATIONS-- (1) Where it has been determined under this Act that no fewer than 3 issues of a serial publication that have been published within a period of not more than 12 months are objectionable or are restricted publications, the Classification Office may, where any issue of that publication is before the Classification Office for the purposes of this Part of this Act, make an order (in this section called a serial publication order) in respect of that serial publication. (2) The Classification Office shall not make a serial publication order the effect of which is that issues of a serial publication will be treated as objectionable, unless the Classification Office is satisfied that, having regard to the issues of that serial publication that have been classified as objectionable, issues of that serial publication that are published while the order is in force would be likely to be classified as objectionable. (3) Every serial publication order-- (a) Shall show whether the issues of the serial publication to which it relates are to be treated as objectionable or as restricted publications and, in the latter case, particulars of the classification; and (b) Shall come into force on the day after the date of its entry in the register; and (c) Shall, unless sooner revoked, remain in force for such period, not exceeding 2 years, as is specified in the order; and (d) Shall apply to every issue of that serial publication that is published while the order is in force. (4) Where-- (a) The Classification Office makes a serial publication order under which the issues of a serial publication are to be treated as restricted publications; and (b) The Classification Office has imposed conditions pursuant to section 27 of this Act in respect of any one or more issues of that serial publication (being issues on the basis of which that serial publication order is made),-- the Classification Office may include, as part of the terms of that order, such conditions on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, as it would be empowered to impose pursuant to that section if those issues were classified as restricted publications. (5) While any serial publication order is in force in respect of any serial publication, no person shall do any act or thing in relation to any issue to which the order applies (other than an issue that has been classified by the Classification Office or the Board) that would be an offence against any of sections 123 to 129 of this Act if that issue were an objectionable publication or a restricted publication, as the serial publication order may require. (6) Where pursuant to subsection (4) of this section, the Classification Office, as part of any serial publication order, includes any condition on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, then, while that serial publication order is in force in respect of that serial publication, no person shall do any act or thing in relation to any such issue or, as the case requires, any such advertising poster that would be an offence against section 130 of this Act if that issue were a restricted publication and that condition had been imposed pursuant to section 27 of this Act. (7) Nothing in subsection (6) of this section applies in respect of any issue that has been classified by the Classification Office or the Board. (8) The Classification Office may, on the application of any of the following persons, revoke or vary the terms of any serial publication order: (a) The applicant for the order: (b) The Secretary: (c) The owner, maker, publisher, or authorised distributor of the publication to which the order relates: (d) Any other person who satisfies the Chief Censor that the person is detrimentally affected by the existence of the order. Cf. 1963, No. 22, s.15A; 1972, No. 136, s.5 CLASSIFICATION DECISIONS SECT. 38. DECISIONS OF CLASSIFICATION OFFICE-- (1) Where the Classification Office makes a decision in respect of any publication submitted to the Classification Office under section 13 or section 42 of this Act, the Classification Office shall give written notice of its decision to the person who submitted the publication to the Classification Office. (2) Every notice under subsection (1) of this section shall specify-- (a) The reasons for the decision; and (b) The classification given to the publication; and (c) Where, pursuant to section 27 of this Act, the Classification Office has imposed conditions on the public display of the publication, or any advertising poster or film poster relating to the publication, or both, those conditions; and (d) In the case of a film, the terms of any direction given to the labelling body to issue a label in respect of the film. (3) Every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of any notice given pursuant to this section. Cf. 1963, No. 22, s.16 (1); 1983, No. 130, s.18; 1987, No. 85, s.27 SECT. 39. REGISTER OF CLASSIFICATION DECISIONS-- (1) The Chief Censor shall set up and maintain a Register of Classification Decisions. (2) The Chief Censor shall cause to be entered into the register, in respect of each publication examined by the Classification Office or the Board under this Act,-- (a) The classification given to the publication by the Classification Office; and (b) Where that publication is examined by the Board, the classification given to the publication by the Board; and (c) Such other particulars as may be prescribed. (3) The register shall be open to inspection by the public during ordinary office hours. Cf. 1983, No. 130, s.21; 1987, No. 85, s.28; 1990, No. 58, s.5; 1990, No. 59, s.6 SECT. 40. CLASSIFICATION OFFICE TO PUBLISH LIST OF DECISIONS-- (1) The Classification Office shall, not later than the 10th working day of every month, produce a list, in alphabetical order, of the publications that, during the month immediately preceding the month in which the list is produced, have been examined by the Classification Office or the Board and in respect of which the Classification Office or the Board has made a decision. (2) Every list produced in accordance with subsection (1) of this section shall contain-- (a) Such particulars of the publications listed in it as may be prescribed; and (b) Such decisions of the Board as are required, pursuant to section 55 (1) (e) (ii) of this Act, to be published by the Classification Office. (3) The list produced in accordance with subsection (1) of this section shall be kept by the Classification Office, and shall be open to inspection by the public during ordinary office hours. (4) Every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of any list produced in accordance with subsection (1) of this section. Cf. 1983, No. 130, s.21A; 1987, No. 85, s.28A; 1990, No. 58, s.6; 1990, No. 59, s.6 SECT. 41. DECISIONS TO BE CONCLUSIVE EVIDENCE-- (1) Subject to subsection (2) of this section and to sections 42, 47, and 58 of this Act, a subsisting decision of the Classification Office or of the Board in respect of any publication is conclusive evidence in any proceedings that the publication-- (a) Is not objectionable; or (b) Is objectionable; or (c) Is objectionable except in any one or more of the following circumstances, as specified in the decision: (i) If the availability of the publication is restricted to persons who have attained a specified age: (ii) If the availability of the publication is restricted to specified persons or classes of persons: (iii) If the publication is used for one or more specified purposes. (2) Where any person is charged with an offence against this Act or any other enactment, nothing in subsection (1) of this section shall prevent that person from challenging any decision of the Classification Office or the Board in respect of any publication if not less than 1 year has elapsed since that decision was recorded in any list produced in accordance with section 40 of this Act. (3) Where subsection (2) of this section applies in respect of any decision of the Classification Office or the Board, the court shall, at the request of the person so charged, refer the decision to the Classification Office for reconsideration, or to the Board where the decision to be reconsidered is a decision of the Board. Cf. 1963, No. 22, s.18 (1), (2); 1987, No. 85, s.29 SECT. 42. RECONSIDERATION OF PUBLICATIONS-- (1) Any person may, with the leave of the Chief Censor, submit any publication to the Classification Office for reconsideration of the last decision of the Classification Office or the Board in respect of that publication if not less than 3 years have elapsed since that decision was recorded in any list produced in accordance with section 40 of this Act, and the Classification Office may alter or confirm the previous decision. (2) Any owner, maker, publisher, or authorised distributor of a publication may submit that publication to the Classification Office for reconsideration of the last decision of the Classification Office or the Board in respect of that publication if not less than 3 years have elapsed since that decision was recorded in any list produced in accordance with section 40 of this Act, and the Classification Office may alter or confirm the previous decision. (3) Notwithstanding that the period specified in subsection (1) or subsection (2) of this section has not expired, any person may, with the leave of the Chief Censor, submit any publication to the Classification Office for reconsideration of any decision made in respect of it within the period referred to in those subsections if-- (a) In the case of a film, the film has been substantially altered since that decision; or (b) The Chief Censor is satisfied that there are special circumstances justifying reconsideration of the decision. Cf. 1963, No. 22, s.20; 1983, No. 130, s.19; 1987, No. 85, s.30; 1990, No. 59, s.6 (2) FILM POSTERS SECT. 43. FILM POSTERS-- Where, in accordance with regulations made under this Act, the Classification Office refuses to approve any film poster used or intended to be used in relation to the public supply or public exhibition of any film submitted to the Classification Office under section 12 or section 13 of this Act, sections 29 (3), 39 (2), 41, and 42 of this Act shall apply, with all necessary modifications, to the decision of the Classification Office. EXEMPTIONS SECT. 44. APPLICATIONS FOR EXEMPTION-- (1) Where any publication has been classified under this Act as an objectionable publication or a restricted publication, any person may apply to the Classification Office for an exemption from the provisions of this Act in respect of that publication. (2) Every application shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any). (3) On receiving an application under this section in relation to a publication, the Classification Office,-- (a) After taking into account the matters referred to in section 3 of this Act; and (b) If it is satisfied that the publication should be made available to a limited class of persons or to a particular person for educational, professional, scientific, literary, artistic, or technical purposes,-- may exempt that class of persons or that person from the provisions of this Act in respect of that publication for such period as the Classification Office thinks fit. (4) For the purposes of making a decision on any application under this section, section 21 of this Act, so far as applicable and with all necessary modifications, shall apply as if the Classification Office were examining the publication to which the application relates for the purposes of classification. (5) The Classification Office shall not decline an application under this section without giving the applicant-- (a) A copy of any information on which the Classification Office relies in proposing to decline the application; and (b) A reasonable opportunity to make written submissions to the Classification Office in relation to that information. (6) An exemption under this section may be granted absolutely, or subject to such conditions as may be specified in any regulations made under this Act or as may be imposed by the Classification Office. Cf. 1963, No. 22, s.31 (1); 1987, No. 85, s.64 (1) SECT. 45. NOTIFICATION OF DECISION-- (1) Where the Classification Office makes a decision in respect of any application made under section 44 of this Act, the Classification Office shall give written notice of its decision to the applicant. (2) Every notice under subsection (1) of this section shall specify-- (a) The reasons for the decision; and (b) If the exemption has been granted, the terms of the exemption, including-- (i) The period for which the exemption is to continue; and (ii) The conditions (if any) to which the exemption is subject. SECT. 46. BURDEN OF PROOF-- In any prosecution for an offence against this Act, the burden of proving that the defendant was exempted under section 44 of this Act and was acting in accordance with the terms of the exemption shall be on the defendant. Cf. 1963, No. 22, s.31 (2); 1987, No. 85, s.64 (2) PART IV REVIEW OF CLASSIFICATION DECISIONS APPLICATIONS FOR REVIEW SECT. 47. RIGHT OF REVIEW-- (1) Any of the persons specified in subsection (2) of this section who are dissatisfied with any decision of the Classification Office with respect to the classification of any publication shall be entitled, on application, to have the publication reviewed by the Board. (2) The following persons may seek a review under subsection (1) of this section: (a) Where the publication has been submitted to the Classification Office pursuant to section 13 or section 42 of this Act, the person who submitted that publication: (b) Where the publication has been submitted to the Classification Office by the labelling body pursuant to section 12 of this Act, the labelling body: (c) Where the publication has been referred to the Classification Office by a court pursuant to section 29 (1) or section 41 (3) of this Act, any party to the proceeding in respect of which that referral was made: (d) In all cases, the owner, maker, publisher, or authorised distributor of the publication: (e) With the leave of the Secretary, any other person. (3) Application for the leave of the Secretary under subsection (2) (e) of this section shall be made in the prescribed manner. (4) For the purposes of this section, a decision of the Classification Office under section 27 of this Act to impose any condition on the public display of any restricted publication, or any advertising poster or film poster relating to a restricted publication, or both, or a refusal or failure to impose any such condition, or any particular such condition, under that section, shall be deemed to be a decision with respect to the classification of that publication. Cf. 1983, No. 130, s.30; 1987, No. 85, s.36 SECT. 48. APPLICATIONS FOR REVIEW-- (1) Every application for a review under section 47 of this Act shall-- (a) Be in the prescribed form; and (b) Be lodged with the Secretary within 30 working days after the decision of the Classification Office has been recorded in any list produced in accordance with section 40 of this Act; and (c) Be accompanied by the prescribed fee (if any). (2) The Secretary shall forthwith forward to the President of the Board every application for review received by the Secretary under this section. Cf. 1983, No. 130, s.31; 1987, No. 85, s.37; 1990, No. 58, s.8 (2) (a); 1990, No. 59, s.6 (2) INTERIM RESTRICTIONS ON REVIEW SECT. 49. INTERIM RESTRICTION ORDERS-- (1) Any person who is entitled, under section 53 (2) of this Act, to make written submissions to the Board in relation to a publication submitted for review under section 47 of this Act may, at any time before the review is completed, apply to the President of the Board for an interim restriction order in respect of the publication to which the review relates, and the President may, if satisfied that it is in the public interest to do so, make such an order accordingly. (2) Every application under subsection (1) of this section shall be dealt with as soon as practicable. (3) While an interim restriction order is in force, no person who has knowledge of the making of that order shall do any act or thing in relation to the publication to which the order relates that would be an offence against paragraph (c) or paragraph (d) or paragraph (e) of section 123 (1) of this Act or against section 127 or section 129 of this Act if that publication were an objectionable publication. Cf. 1963, No. 22, s.14B; 1977, No. 79, s.3; 1983, No. 130, s.45 SECT. 50. NOTIFICATION OF INTERIM RESTRICTION ORDER-- (1) Every interim restriction order shall be published in the Gazette. (2) As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall-- (a) Advertise the making of the order, in such manner as the President of the Board shall direct; and (b) Serve notice of the making of the order on such persons or classes of persons as the President of the Board shall direct. (3) Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person. Cf. 1963, No. 22, Ss.14A (6), (7), 14B (4); 1972, No. 136, s.3; 1977, No. 79, s.3 SECT. 51. DURATION AND REVOCATION OF INTERIM RESTRICTION ORDER-- (1) Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the review of the publication to which the order relates is completed by the Board. (2) The President of the Board may, on the application of any of the following persons, or on the President's own motion, revoke an interim restriction order: (a) The applicant for the order: (b) The owner, maker, publisher, or authorised distributor of the publication to which the order relates: (c) Any other person who satisfies the President of the Board that the person is detrimentally affected by the existence of the order. (3) Every order under this section that revokes an interim restriction order shall be published in the Gazette, and shall be advertised in such manner, and notified to such persons, as the President of the Board shall direct. Cf. 1963, No. 22, s.14B (3); 1977, No. 79, s.3 CONDUCT OF REVIEWS SECT. 52. CONDUCT OF REVIEWS-- (1) Every review under this Part of this Act shall be conducted as soon as practicable. (2) Every review under this Part of this Act shall be by way of re-examination of the publication by the Board without regard to the decision of the Classification Office. (3) The Board shall examine any publication submitted to it under section 47 of this Act to determine the classification of the publication. (4) In determining the classification of any publication, the Board shall take into account the matters referred to in section 3 of this Act. Cf. 1983, No. 130, s.33 (1)-(3); 1987, No. 85, s.38 (1)-(3) SECT. 53. PROCEDURE-- (1) Except as provided in subsections (2) to (4) of this section or in section 54 of this Act, neither the applicant for review nor any other person shall have the right to appear before, or to be heard by, or to make submissions to, the Board in respect of any review. (2) The following persons shall be entitled to make written submissions to the Board in relation to a publication submitted for review: (a) The applicant for review: (b) If the applicant for review is a party to the proceeding referred to in section 47 (2) (c) of this Act, every other party to that proceeding: (c) Any other person who satisfies the Board that the person is likely to be affected by the Board's decision. (3) The Board may, on the application of any person who is entitled to make written submissions to the Board in respect of the review, or on its own motion, hold a hearing for the purposes of hearing oral submissions in respect of any review. (4) At any hearing held by the Board under subsection (3) of this section, the following persons shall be entitled to appear and be heard, and may, with the leave of the Board, be represented by counsel or some other duly authorised person: (a) Any person who is entitled to make written submissions to the Board in respect of the review: (b) Any person who is invited, pursuant to any of subsections (2) to (4) of section 54 of this Act, to make submissions to the Board in respect of the review. Cf. 1983, No. 130, s.33 (4); 1987, No. 85, s.38 (4) SECT. 54. CONSULTATION-- (1) For the purposes of any review under this Part of this Act, the Board shall have the same power to consult any person (including the Classification Office), invite written submissions, obtain information, and make inquiries as is conferred on the Classification Office by section 21 of this Act. (2) If the Board consults the person submitting the publication for review, or receives written submissions from that person or any other person in accordance with section 53 (2) of this Act, it shall notify the Classification Office of that fact, and invite the Classification Office to make submissions to the Board in relation to that publication. (3) If the Board consults the Classification Office otherwise than on purely technical matters, it shall notify the person submitting the publication for review, and, if that person is a party to the proceeding referred to in section 47 (2) (c) of this Act, every other party to that proceeding, that it has done so, and invite that person and every other such party to make submissions to the Board in relation to that publication. (4) If the Board consults any person who is a party to the proceeding referred to in section 47 (2) (c) of this Act, it shall notify the Classification Office, and every other person who is a party to that proceeding, that it has done so, and invite the Classification Office and those persons to make submissions to the Board in relation to that publication. Cf. 1983, No. 130, s.33 (5); 1987, No. 85, s.38 (5)-(7) SECT. 55. DECISION OF BOARD-- (1) After examining any publication submitted to it for review, the Board shall-- (a) Classify the publication in accordance with section 23 (2) of this Act; and (b) Where the Board has classified the publication as a restricted publication, determine in accordance with section 27 of this Act whether or not conditions should be imposed in respect of the public display of that publication, or any advertising poster or, as the case requires, any film poster relating to the publication, or both, and if so, what conditions; and (c) Give written notice of its decision, and of the reasons for its decision, to-- (i) The applicant for review; and (ii) The Classification Office; and (iii) If the review is in respect of a publication referred to the Classification Office by a court pursuant to section 29 or section 41 (3) of this Act, to that court; and (d) Where the review is in respect of a film submitted to the Classification Office pursuant to section 12 of this Act, order the Classification Office to direct the labelling body to issue a label in respect of that film pursuant to section 36 of this Act; and (e) Direct the Classification Office-- (i) To enter the Board's decision in the register; and (ii) To publish that decision in the next list produced, in accordance with section 40 of this Act, after the end of the month in which that direction is given. (2) Notwithstanding anything in subsection (1) of this section, on any review of a publication, the Board shall have the same powers as are conferred on the Classification Office by this Act (other than the powers conferred by section 37 of this Act). (3) Where the Board makes any determination in relation to any publication submitted to it under section 47 of this Act, the decision of the Classification Office in relation to that publication (including any conditions imposed under section 27 of this Act), and the classification given to that publication by the Classification Office, shall, for the purposes of this Act, be deemed to be cancelled. Cf. 1983, No. 130, s.33 (6), (7); 1987, No. 85, s.38 (8)-(10); 1990, No. 58, s.9; 1990, No. 59, s.7 SECT. 56. RECONSIDERATION OF DECISIONS REFERRED UNDER SECTION 41 (3)-- Where, under section 41 (3) of this Act, a court refers to the Board for reconsideration any decision of the Board in respect of any publication, the Board shall carry out that reconsideration as if it were a review of that publication under section 52 of this Act, and the provisions of sections 53 to 55 of this Act, so far as they are applicable and with the necessary modifications, shall apply with respect to any such reconsideration. Cf. 1987, No. 85, s.39 SECT. 57. BOARD MAY STATE CASE FOR HIGH COURT-- The Board may, on its own motion, state a case for the opinion of the High Court on any question of law arising in any matter before the Board. Cf. 1983, No. 130, s.36; 1987, No. 85, s.40; 1991, No. 60, s.3 (4) PART V APPEALS APPEAL TO HIGH COURT SECT. 58. APPEAL AGAINST DECISION OF BOARD ON QUESTION OF LAW-- (1) Where the Board makes any determination in respect of any publication referred to it under section 41 (3) of this Act, or submitted to it under section 47 of this Act, any of the persons specified in subsection (2) of this section who are dissatisfied with that determination as being erroneous in point of law may appeal to the High Court on that question of law. (2) The following persons may appeal under subsection (1) of this section: (a) The person who sought the review, by the Board, of the publication in respect of which the determination was made: (b) Where the determination was made in respect of any publication referred to the Board under section 41 (3) of this Act, any party to the proceeding in respect of which that referral was made: (c) Where the review by the Board was sought pursuant to paragraph (c) of section 47 (2) of this Act, any party to the proceeding referred to in that paragraph: (d) The owner, maker, publisher, or authorised distributor of the publication in respect of which the determination was made. (3) Subject to this Part of this Act, every appeal under this section shall be dealt with in accordance with rules of Court. Cf. 1983, No. 130, s.37; 1987, No. 85, s.41; 1990, No. 58, s.8 (2) (b); 1991, No. 60, s.3 (4) SECT. 59. NOTICE OF APPEAL-- (1) Every appeal under section 58 of this Act shall be instituted by the appellant lodging a notice of appeal, within 20 working days after the date of the determination, with-- (a) The Registrar of the High Court at Wellington; and (b) The Secretary. (2) Subject to section 60 of this Act, either before or immediately after the lodging of the notice of appeal the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other person who would have been entitled to appeal under section 58 of this Act against the determination in respect of which the appeal has been brought. (3) Service under subsection (2) of this section, if by post, shall be by registered letter and shall, for the purposes of this section, be deemed in the absence of evidence to the contrary to be effected at the time when the letter would be delivered in the ordinary course of post. (4) Every notice of appeal shall specify-- (a) The determination or the part of the determination appealed from; and (b) The error of law alleged by the appellant; and (c) The question of law to be resolved; and (d) The grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved. (5) The Secretary shall, as soon as practicable after receiving a notice of appeal, send a copy of the whole of the determination appealed against to the Registrar of the High Court at Wellington. Cf. 1983, No. 130, s.38; 1987, No. 85, s.42; 1990, No. 58, s.8 (3) SECT. 60. COURT MAY DISPENSE WITH SERVICE-- Where any person cannot be served with a notice of appeal in accordance with section 59 (2) of this Act, the High Court or a Judge of that Court may, on such terms and conditions as the Court or Judge thinks fit, dispense with service on that person. Cf. 1989, No. 24, s.155 SECT. 61. RIGHT OF OTHER PARTIES TO APPEAR AND BE HEARD ON APPEAL-- (1) If any of the persons on whom a copy of the notice of appeal is required to be served under section 59 (2) of this Act wishes to appear and be heard on the hearing of the appeal, that person shall, within 10 working days after the date of the service of that copy on that person, lodge with the Registrar of the High Court at Wellington a notice of that person's intention to appear and be heard. (2) If any such person gives a notice of intention to appear and be heard, that party and the appellant shall be parties to the appeal and shall be entitled-- (a) To be served with every document that, after the giving of the notice, is filed or lodged with the Registrar relating to the appeal; and (b) To receive a notice of the date set down for the hearing of the appeal. Cf. 1983, No. 130, s.39; 1987, No. 85, s.43; 1990, No. 58, s.8 (4) SECT. 62. APPEAL IN RESPECT OF ADDITIONAL POINTS OF LAW-- (1) Where any party to an appeal under section 58 of this Act other than the appellant wishes to contend at the hearing of the appeal that the determination appealed from is erroneous on a point of law other than those set out in the notice of appeal, that party shall, within 20 working days after the date of the service on that party of a copy of the notice of appeal, lodge a notice to that effect with the Registrar of the High Court at Wellington. (2) The provisions of section 58, subsections (2) to (4) of section 59, section 60, and sections 63 to 66 of this Act shall apply, with any necessary modifications, to any notice lodged under this section as if it were a notice of appeal. Cf. 1983, No. 130, s.42; 1987, No. 85, s.46 SECT. 63. ORDERS RELATING TO DETERMINATION OF APPEALS-- (1) Subject to subsections (2) and (3) of this section, the High Court may, on its own motion or on the application of any party to the appeal, make all or any of the following orders: (a) An order directing the Secretary to lodge with the Registrar of the High Court at Wellington any document or other written material or any exhibit in the possession or custody of the Secretary: (b) An order directing the Secretary to lodge with the Registrar a report recording, in respect of any matter or issue that the Court may specify, any of the findings of fact of the Board that are not set out, or fully set out, in its determination: (c) An order directing the Secretary to lodge with the Registrar a report setting out, in respect of any matter or issue that the Court may specify, any reasons or considerations of the Board to which the Board had regard but that are not set out in its determination. (2) An application under subsection (1) of this section shall be made,-- (a) In the case of the appellant, within 20 working days after the date of the lodging of the notice of appeal; or (b) In the case of any other party to the appeal, within 20 working days after the date of the service on that party of a copy of the notice of appeal. (3) The High Court may make an order under subsection (1) of this section only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit. Cf. 1983, No. 130, s.40; 1987, No. 85, s.44 SECT. 64. DISMISSAL OF APPEAL-- The High Court may dismiss any appeal under section 58 of this Act-- (a) If the appellant does not appear at the time appointed for the hearing of the appeal; or (b) If the appellant does not prosecute the appeal with all due diligence and any other party applies to the Court for the dismissal of the appeal. Cf. 1983, No. 120, s.41; 1987, No. 85, s.45 SECT. 65. EXTENSION OF TIME-- The High Court or a Judge of the High Court may, in its or that Judge's discretion, on the application of the appellant or intending appellant, or any other party, extend any time prescribed or allowed under any of the provisions of sections 59 to 64 of this Act for the lodging of any notice, application, or other document. Cf. 1983, No. 130, s.43; 1987, No. 85, s.47 SECT. 66. DATE OF HEARING-- When any party to the appeal notifies the Registrar of the High Court at Wellington-- (a) That the notice of appeal has been served in accordance with section 59 (2) of this Act (or, where service has been dispensed with under section 60 of this Act, that any terms and conditions on which that dispensation was granted have been complied with); and (b) Either-- (i) That no application has been lodged under section 63 of this Act and that no order has been made under that section; or (ii) That any application lodged under section 63 of this Act has been heard and that any order under that section has been complied with,-- the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the hearing as soon as is practicable. Cf. 1983, No. 130, s.44; 1987, No. 85, s.48 INTERIM RESTRICTIONS ON APPEAL SECT. 67. IMPOSITION OF INTERIM RESTRICTIONS ON APPEAL-- (1) Any party to an appeal under section 58 of this Act may apply on notice to the High Court or a Judge of that Court for an interim restriction order in respect of the publication that is the subject of the appeal, and the Court or Judge may, if satisfied that it is in the public interest to do so, make such an order accordingly. (2) Every application under subsection (1) of this section shall be dealt with as soon as practicable. (3) While an interim restriction order is in force, no person who has knowledge of the making of that order shall do any act or thing in relation to the publication to which the order relates that would be an offence against paragraph (c) or paragraph (d) or paragraph (e) of section 123 (1) of this Act or against section 127 or section 129 of this Act if that publication were an objectionable publication. Cf. 1963, No. 22, Ss.14A, 14B; 1972, No. 136, s.3; 1977, No. 79, s.3; 1983, No. 130, s.45; 1987, No. 85, s.49 SECT. 68. NOTIFICATION OF INTERIM RESTRICTION ORDER-- (1) Every interim restriction order shall be published in the Gazette. (2) As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall-- (a) Advertise the making of the order, in such manner as the High Court or a Judge of that Court shall direct; and (b) Serve notice of the making of that order on such persons or classes of persons as the Court or Judge shall direct. (3) Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person. Cf. 1963, No. 22, Ss.14A (6), (7), 14B (4); 1972, No. 136, s.3; 1977, No. 79, s.3; 1987, No. 85, s.49 (4), (5) SECT. 69. DURATION AND REVOCATION OF INTERIM RESTRICTION ORDER-- (1) Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court. (2) The High Court or a Judge of that Court may, on the application on notice of any of the following persons, or on the Court's or the Judge's own motion, revoke an interim restriction order: (a) The applicant for the order: (b) Any other party to the appeal: (c) The owner, maker, publisher, or authorised distributor of the publication to which the order relates: (d) Any other person who satisfies the High Court or a Judge of that Court that the person is detrimentally affected by the existence of the order. (3) Every order under this section that revokes an interim restriction order shall be published in the Gazette, and shall be advertised in such manner, and notified to such persons, as the Court or a Judge directs. Cf. 1963, No. 22, s.14B (3); 1977, No. 79, s.3; 1987, No. 85, s.49 (6) APPEAL TO COURT OF APPEAL SECT. 70. APPEAL AGAINST DECISION OF HIGH COURT-- (1) If any party to the proceedings before the High Court under this Part of this Act is dissatisfied with any final determination of the Court in respect of the appeal as being erroneous in point of law, that party may appeal to the Court of Appeal for the opinion of that Court on that question of law. (2) Every such appeal shall be heard and determined in accordance with rules of Court. Cf. 1983, No. 130, s.46; 1987, No. 85, s.50 PART VI BODIES LABELLING BODY SECT. 71. FUNCTIONS OF LABELLING BODY-- The functions of the labelling body are as follows: (a) In accordance with regulations made under this Act,-- (i) To assign a rating to any film referred to it for the issue of a label: (ii) Where appropriate, to assign a description to any such film to indicate whether it contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour: (b) To issue in respect of any such film a label that contains the rating and description (if any) assigned to that film: (c) To examine, in accordance with regulations made under this Act, any film poster used or intended to be used in relation to the public supply or public exhibition of any film. Cf. 1987, No. 85, s.11 SECT. 72. APPROVAL OF LABELLING BODY-- (1) Subject to this section, the Minister may from time to time, on application made to the Minister in accordance with section 73 of this Act, approve any body or organisation to act as the labelling body for the purposes of this Act. (2) An approval under this section shall-- (a) Be made by notice published in the Gazette, and shall take effect from the date of such notice or such later date as may be specified in the notice; and (b) Continue in force until it is revoked under section 75 of this Act. (3) The Minister may grant an approval under this section subject to such conditions as the Minister thinks fit. (4) The Minister shall not approve a body or organisation under this section unless the Minister is satisfied that-- (a) The body or organisation is representative of the following persons: (i) Persons engaged in the distribution or public supply of films in New Zealand; and (ii) Persons engaged in the production of films in New Zealand; and (iii) Persons engaged in the public exhibition of films in New Zealand and; and (b) The body or organisation is capable of implementing a system to assign a rating and description to any film referred to it for the issue of a label; and (c) The body or organisation will take all reasonable steps to ensure that notice of the rating and description assigned to any such film is disseminated to persons engaged in the production, distribution, public exhibition, or public supply of films. (5) The Minister shall not decline an application for approval under this section without first giving the applicant-- (a) A copy of any information on which the Minister relies in proposing to decline the application; and (b) A reasonable opportunity to make written submissions to the Minister in relation to that information. Cf. 1987, No. 85, s.7 SECT. 73. APPLICATION FOR APPROVAL AS LABELLING BODY-- (1) An application for approval as the labelling body under section 72 of this Act shall specify-- (a) The constitution and rules of the body or organisation seeking approval; and (b) The procedure by which that body or organisation proposes to carry out the functions of the labelling body under this Act. (2) In addition to the particulars required under subsection (1) of this section, the Minister may, for the purposes of deciding whether or not to grant an approval under section 72 of this Act, require any body or organisation that applies for an approval to furnish to the Minister such further information as the Minister requires relating to any of the matters specified in paragraphs (a) to (c) of section 72 (4) of this Act. Cf. 1987, No. 85, s.9 SECT. 74. COMMUNITY REPRESENTATIVES-- (1) For the purpose of ensuring that the interests of the general public are taken into account in the labelling of films under this Act, the Minister shall, by notice in the Gazette, appoint one or more persons to participate in the carrying out, by the labelling body, of its functions under this Act. (2) The Minister shall make an appointment under subsection (1) of this section-- (a) On approving any body or organisation as the labelling body under section 72 of this Act; and (b) Whenever it becomes necessary to fill any vacancy. (3) An appointment under subsection (1) of this section may be made only on the recommendation of the Minister of Consumer Affairs, which recommendation may be made only after consultation by that Minister with the Minister of Women's Affairs. (4) A person appointed under subsection (1) of this section shall continue to hold office under that subsection until that person dies, or resigns by notice in writing to the Minister, or that person's appointment is revoked under subsection (5) of this section, or the approval of the body or organisation as the labelling body is revoked under section 75 of this Act. (5) The Minister may at any time, by notice in the Gazette, revoke the appointment of any person under subsection (1) of this section, and that person shall, on the day of the publication of the notice, cease to hold office under that subsection. (6) Every appointment made under subsection (1) of this section shall, as long as that appointment continues, be reviewed by the Minister at intervals of not more than 3 years. (7) The powers of the labelling body under this Act shall not be affected by the fact that, at any particular time, no person holds office under subsection (1) of this section. Cf. 1987, No. 85, s.10 SECT. 75. REVOCATION OF APPROVAL-- (1) Subject to subsection (2) of this section, the Minister may at any time, by notice in writing published in the Gazette, revoke an approval given under section 72 of this Act if the Minister is satisfied that the labelling body-- (a) No longer meets all of the requirements for approval specified in paragraphs (a) to (c) of section 72 (4) of this Act; or (b) Has failed to comply with any condition imposed by the Minister on that body's approval; or (c) Has failed to comply with any obligation imposed on the labelling body by or under this Act. (2) The Minister shall not revoke any approval pursuant to subsection (1) of this section unless the labelling body has first been given an opportunity to be heard. Cf. 1987, No. 85, s.8 OFFICE OF FILM AND LITERATURE CLASSIFICATION SECT. 76. OFFICE OF FILM AND LITERATURE CLASSIFICATION-- (1) There shall be an office called the Office of Film and Literature Classification. (2) The Classification Office shall be a body corporate with perpetual succession and a common seal, and shall have and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity. (3) The Classification Office shall be a Crown entity for the purposes of the Public Finance Act 1989. SECT. 77. FUNCTIONS OF CLASSIFICATION OFFICE-- The functions of the Classification Office are as follows: (a) To determine the classification of any publication submitted to it under this Act: (b) To determine any question relating to the character of a publication referred to it by a court pursuant to section 29 (1) or section 41 (3) of this Act in any civil or criminal proceedings (including proceedings under section 116 of this Act): (c) To determine, in accordance with section 27 of this Act, whether or not, in the case of any publication classified as a restricted publication, conditions should be imposed in respect of the public display of that publication, or any advertising poster or, as the case requires, any film poster relating to the publication, or both, and if so, what conditions: (d) To examine, in accordance with regulations made under this Act, any film poster used or intended to be used in relation to the public supply or public exhibition of any film submitted to the Classification Office under section 12 or section 13 of this Act: (e) To determine any application made under section 44 of this Act for an exemption from the provisions of this Act in respect of any publication: (f) To exercise and perform such other functions, powers, and duties as are conferred or imposed on the Classification Office by or under this Act or any other enactment. SECT. 78. POWERS OF CLASSIFICATION OFFICE-- The Classification Office shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions. SECT. 79. MEMBERSHIP OF CLASSIFICATION OFFICE-- (1) The Classification Office shall consist of the following persons: (a) A Chief Censor of Film and Literature: (b) A Deputy Chief Censor of Film and Literature: (c) Such other persons as are appointed under this Act as classification officers. (2) The powers and functions of the Classification Office shall not be affected by any vacancy in the office of Chief Censor or Deputy Chief Censor. SECT. 80. APPOINTMENTS TO CLASSIFICATION OFFICE-- (1) The Chief Censor and the Deputy Chief Censor shall be appointed by the Governor-General by Order in Council made on the recommendation of the Minister acting with the concurrence of the Minister of Women's Affairs and the Minister of Justice. (2) The Chief Censor may from time to time, under clause 2 of the First Schedule to this Act, appoint as classification officers persons to assist the Chief Censor and the Deputy Chief Censor in carrying out their functions and powers under this Act. (3) In considering whether or not to recommend to the Governor-General the appointment under subsection (1) of this section, of any person, the Minister shall have regard not only to the person's personal attributes but also to the person's knowledge of or experience in the different aspects of matters likely to come before the Classification Office. (4) In considering the suitability of any person for appointment pursuant to subsection (2) of this section, the Chief Censor shall have regard not only to the person's personal attributes but also to the person's knowledge of or experience in the different aspects of matters likely to come before the Classification Office. Cf. 1983, No. 130, s.5 (1), (4); 1987, No. 85, s.16 (2) SECT. 81. TERM OF OFFICE-- (1) Subject to section 83 of this Act, every person appointed under or pursuant to section 80 of this Act may be appointed for any period not exceeding 3 years, and may be reappointed for one further period not exceeding 3 years. (2) Nothing in subsection (1) of this section prevents the appointment under or pursuant to section 80 of this Act of any person who has previously held office under or pursuant to that section, but no such person shall be so appointed unless at least 3 years have elapsed since that person last held office under or pursuant to that section. Cf. 1983, No. 130, s.5 (2A), (2B); 1987, No. 85, s.16 (4), (4A); 1990, No. 58, s.2 (1) 1990, No. 59, s.3 SECT. 82. CONTINUATION IN OFFICE AFTER TERM EXPIRES-- Notwithstanding section 81 (1) of this Act, every person appointed under section 80 (1) of this Act whose term of office has expired shall, unless he or she sooner dies, or resigns, or is removed from office, continue to hold office, by virtue of the appointment that has expired, until-- (a) The person is reappointed under section 80 (1) of this Act; or (b) The appointment of a successor; or (c) The person is informed in writing by the Minister that the person is not to be reappointed and is not to hold office until a successor is appointed. SECT. 83. VACATION OF OFFICE-- (1) Any person holding office under an appointment made under section 80 (1) of this Act may at any time be removed from office by the Governor-General on the recommendation of the Minister for inability to perform the duties of office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General. (2) Any person holding office under an appointment made under section 80 (1) of this Act may at any time resign his or her office by notice in writing addressed to the Minister. SECT. 84. HOLDING OF OTHER OFFICES-- Neither the Chief Censor nor the Deputy Chief Censor shall be capable of being a member of Parliament or of a local Authority, and shall not, without the approval of the Minister in each particular case, hold any office of trust or profit or engage in any occupation for reward outside the duties of their office. SECT. 85. ADMINISTRATION OF CLASSIFICATION OFFICE-- (1) The Chief Censor shall be responsible for matters of administration in relation to the Classification Office, including-- (a) The allocation of spheres of responsibility between the Chief Censor and the Deputy Chief Censor; and (b) The allocation of duties among the classification officers. (2) Subject to subsections (1) and (3) of this section, the Chief Censor and the Deputy Chief Censor shall be responsible for the exercise of the functions and powers of the Classification Office under this Act. (3) Subject to subsection (1) of this section, any classification officer may, in accordance with the directions of the Chief Censor or the Deputy Chief Censor, as the case may be, exercise the functions and powers of the Classification Office under this Act. SECT. 86. EXERCISE OF POWERS BY DEPUTY CHIEF CENSOR-- (1) On the occurrence from any cause of a vacancy in the office of Chief Censor, and in the case of absence from duty of the person appointed as Chief Censor (from whatever cause arising), and for as long as any such vacancy or absence continues, the Deputy Chief Censor shall have and may exercise all the powers, duties, and functions of the Chief Censor under this Act. (2) The fact that the Deputy Chief Censor exercises any power, duty, or function of the Chief Censor shall be conclusive evidence of his or her authority to do so. SECT. 87. CHIEF CENSOR MAY DELEGATE POWERS-- (1) The Chief Censor may, from time to time, delegate any of his or her powers and functions under this Act (other than this power of delegation) to the Deputy Chief Censor. (2) Any such delegation may be made subject to such restrictions and conditions as the Chief Censor thinks fit, and may be made either generally or in relation to any particular case or class of cases. (3) Subject to any restrictions or conditions imposed by the Chief Censor, the Deputy Chief Censor may exercise or perform the delegated powers in the same manner and with the same effect as if they had been conferred by this section and not by delegation. (4) Where the Deputy Chief Censor purports to act pursuant to any such delegation, he or she shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. (5) Any delegation under this section may be revoked at any time, and no delegation of any power or function shall prevent the exercise of that power or function by the Chief Censor. (6) Until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Chief Censor ceasing to hold office, it shall continue to have effect as if made by the Chief Censor's successor in office. SECT. 88. INFORMATION UNIT-- (1) There shall be a unit within the Classification Office called the Information Unit. (2) The functions of the Information Unit are as follows: (a) To provide the Classification Office with such research services as may be necessary to enable the Classification Office to perform its functions effectively: (b) To disseminate to the public information about-- (i) The functions and powers of the Classification Office; and (ii) The procedures for the classification of publications: (c) To receive inquiries and complaints concerning the operation of the classification system established under this Act. SECT. 89. ANNUAL REPORT-- (1) The Classification Office shall in each year furnish to the Minister a report with respect to the operation of the Classification Office during that year. (2) The Minister shall lay a copy of the report before the House of Representatives in accordance with section 44A of the Public Finance Act 1989. SECT. 90. FURTHER PROVISIONS RELATING TO CLASSIFICATION OFFICE-- The provisions set out in the First Schedule to this Act shall have effect in relation to the Classification Office. FILM AND LITERATURE BOARD OF REVIEW SECT. 91. FILM AND LITERATURE BOARD OF REVIEW-- There is hereby established a Board called the Film and Literature Board of Review. SECT. 92. FUNCTION-- The function of the Board is to review the classification of any publication referred to it under section 41 (3) of this Act or submitted to it in accordance with Part IV of this Act. Cf. 1983, No. 130, s.27; 1987, No. 85, s.33 SECT. 93. MEMBERSHIP-- (1) The Board shall consist of 9 members. (2) The members of the Board shall be appointed by the Governor-General on the recommendation of the Minister acting with the concurrence of the Minister of Women's Affairs and the Minister of Justice. (3) One member of the Board shall be appointed as President and another shall be appointed as Deputy President. (4) No person shall be appointed as the President of the Board unless that person has held a practising certificate as a barrister or solicitor for at least 7 years, whether or not that person holds or has held judicial office. (5) In making any recommendation to the Governor-General under subsection (2) of this section, the Minister shall have regard to the need to ensure that the membership of the Board includes persons with knowledge of, or experience in, the different aspects of matters likely to come before the Board. (6) No act or proceeding of the Board, or of any person acting as a member of the Board, shall be invalidated because there was a vacancy in the membership of the Board at the time of the act or proceeding, or because of the subsequent discovery that there was a defect in the appointment of a person so acting, or that the person was incapable of being, or had ceased to be, a member. SECT. 94. TERM OF OFFICE-- (1) Subject to section 96 of this Act, every member of the Board may be appointed for any period not exceeding 3 years, and may be reappointed for one further period not exceeding 3 years. (2) Nothing in subsection (1) of this section prevents the appointment under section 93 of this Act of any person who has previously held office under that section, but no such person shall be so appointed unless at least 3 years have elapsed since that person last held office under that section. SECT. 95. CONTINUATION IN OFFICE AFTER TERM EXPIRES-- Notwithstanding section 94 of this Act, every member of the Board whose term of office has expired shall, unless he or she sooner dies or vacates office under section 96 of this Act, continue to hold office, by virtue of the appointment for the term that has expired, until-- (a) That member is reappointed; or (b) A successor to that member is reappointed; or (c) That member is informed in writing by the Minister that the member is not to be reappointed and is not to hold office until a successor is appointed. SECT. 96. EXTRAORDINARY VACANCIES-- (1) Any member of the Board may at any time be removed from office by the Governor-General on the recommendation of the Minister for inability to perform the duties of office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General. (2) Any member of the Board may at any time resign his or her office by giving written notice to that effect to the Minister. (3) If a member dies, resigns, or is removed from office, the vacancy so created shall be filled in the same manner as the appointment of the member vacating office. SECT. 97. APPOINTMENT OF DEPUTIES-- (1) If the President of the Board is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board or to adjudicate on any particular matter, the Deputy President shall act as the President and shall, while so acting, have all the powers of the President at that meeting or for the purposes of adjudicating on that matter. (2) The fact that the Deputy President exercises any power, duty, or function of the President shall be conclusive evidence of the Deputy President's authority to do so. (3) If both the President and the Deputy President of the Board are unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board or to adjudicate on any particular matter, the Minister may appoint any other member of the Board to act in the place of the President at that meeting or for the purposes of adjudicating on that matter, upon and subject to such terms and conditions (if any) as the Minister may specify. (4) Any person appointed under subsection (3) of this section shall, subject to any terms and conditions specified by the Minister, have all the powers of the President at that meeting or for the purposes of adjudicating on that matter. (5) If any member of the Board (other than the President) is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board, the Minister may appoint any person to act in the place of that member at that meeting, upon and subject to such terms and conditions (if any) as the Minister may specify. (6) No appointment of any person under this section and no acts done by that person while acting as the President or any other member of the Board, and no act done by the Board while any person is acting as such, shall in any proceedings be questioned on the ground that the occasion of that person's appointment had not arisen or had ceased. Cf. 1983, No. 130, s.26; 1987, No. 85, s.32 SECT. 98. APPLICATION OF CERTAIN ACTS TO MEMBERS-- No person shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of that person's appointment as a member of the Board. SECT. 99. FEES AND TRAVELLING ALLOWANCES-- (1) The Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951. (2) There may be paid to the members of the Board remuneration by way of fees and allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly. SECT. 100. MEETINGS OF BOARD-- (1) The Board of Review shall meet for the conduct of its business at such times and places as it considers necessary. (2) Subject to section 101 of this Act, every review shall be conducted by the President and at least 4 other members of the Board. (3) Every question before a meeting of the Board as constituted under subsection (2) of this section or under section 101 of this Act shall be determined by the opinion of the majority of members at the meeting, and when the members are equally divided in their opinions, that of the person who is presiding at the meeting shall prevail. (4) Subject to the provisions of this Act, the Board shall determine its own procedure. SECT. 101. BOARD MAY SIT IN DIVISIONS-- (1) The President may, from time to time, if he or she considers it appropriate in a particular case or class of case, determine that the Board shall sit in divisions, and all the powers of the Board may be exercised by any such division. (2) Each division shall consist of not fewer than 3 members of the Board who are for the time being assigned to that division by the President of the Board, together with the President or Deputy President of the Board, as the President of the Board determines. (3) The President of the Board shall determine in each case which division of the Board shall conduct a particular review. (4) A division of the Board may exercise any powers of the Board even though another division of the Board is exercising any powers of the Board at the same time. Cf. 1991, No. 71, s.125 SECT. 102. PROVISION OF ADMINISTRATIVE SERVICES TO BOARD-- The Secretary shall arrange for there to be furnished to the Board such secretarial, recording, and other services as may be necessary to enable the Board to exercise its functions and powers. INSPECTORS OF PUBLICATIONS SECT. 103. INSPECTORS OF PUBLICATIONS-- (1) The Secretary may from time to time appoint under the State Sector Act 1988 such number of persons to be Inspectors of Publications as are required for the purposes of this Act. (2) Notwithstanding subsection (1) of this section, the Secretary may from time to time appoint any suitable person to be an Inspector of Publications for the purposes of this Act. (3) Every member of the Police shall be deemed to be an Inspector for the purposes of this Act. Cf. 1983, No. 130, s.67; 1987, No. 85, s.66; 1990, No. 58, s.10 SECT. 104. INSPECTORS WHO ARE NOT PUBLIC SERVANTS-- (1) Every person appointed under section 103 (2) of this Act-- (a) Shall be appointed on such terms and conditions as the Secretary thinks fit: (b) May be paid, out of money appropriated by Parliament for the purpose, such remuneration as the Secretary from time to time determines. (2) No person appointed under section 103 (2) of this Act shall by reason only of that appointment be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956. (3) For the purposes of the Ombudsmen Act 1975 and the Official Information Act 1982, every person who holds office under section 103 (2) of this Act shall be deemed to be employed in the Department of Internal Affairs. SECT. 105. AUTHORITY TO ACT AS INSPECTOR-- (1) The Secretary shall issue to every person appointed as an Inspector a warrant authorising that person to exercise the powers conferred on Inspectors under sections 106 to 108 of this Act. (2) Every such warrant shall contain-- (a) A reference to this section; and (b) The full name of the Inspector; and (c) A reference to the powers set out in section 106 of this Act. (3) The production by an Inspector of-- (a) A warrant issued under this section; or (b) Any evidence that that person is a member of the Police-- shall, in the absence of evidence to the contrary, be sufficient authority for any such Inspector to do anything authorised by this Act. (4) Every person (other than a member of the Police) who ceases to hold office as an Inspector shall surrender to the Secretary the warrant issued to that person under subsection (1) of this section. Cf. 1983, No. 130, s.68; 1987, No. 85, s.67; 1990, No. 18, s.10 (2) (c) PART VII SEARCH AND SEIZURE SECT. 106. POWERS OF INSPECTORS-- (1) Every Inspector may enter any premises (not being a private residence) in which-- (a) Films are offered for public supply; or (b) Publications are publicly displayed; or (c) Film is exhibited to the public or in which the Inspector has reason to believe that film is being exhibited to the public-- for the purpose of ensuring that-- (d) The provisions of this Act, and of any regulations made under this Act, relating to the labelling of films; and (e) Any conditions imposed pursuant to section 27 of this Act-- are being complied with. (2) An Inspector shall not enter any such premises at any time when those premises are not open to the public, unless accompanied by, or with the knowledge of, the owner or occupier of the premises into which entry is intended, or the representative or agent or employee of that person. (3) Every Inspector shall, on entering any premises pursuant to subsection (1) of this section, and at any other time when required to do so by the owner or occupier of the premises or by that person's representative, agent, or employee, produce the warrant issued to the Inspector under section 105 of this Act or, in the case of a member of the Police, evidence that that person is a member of the Police. (4) In the exercise of the powers conferred by subsection (1) of this section, an Inspector may-- (a) Require the production for inspection by that Inspector of any document that relates to the labelling or classification of any film, or the classification of any publication that is a restricted publication, and that is issued under or required by this Act, and may take copies of or extracts from any such document; and (b) Demand any information that the Inspector may reasonably require for the purposes of the inspection. (5) No person shall be required to answer any question by an Inspector if the answer would or could tend to incriminate that person, and that person shall be informed of that right before an Inspector exercises the power to demand information conferred by this section. Cf. 1983, No. 130, s.69 (1)-(5); 1987, No. 85, s.68 (1)-(5); 1990, No. 58, s.10 (2) (d) SECT. 107. INSPECTOR MAY SEIZE PUBLICATIONS-- (1) Without limiting section 106 of this Act, where an Inspector discovers any person offering for public supply, or exhibiting to the public, any film (not being a film that is exempted, by section 7 or section 8 of this Act, from the provisions of section 6 of this Act), and-- (a) The Inspector believes, on reasonable grounds, that no label has been issued under this Act in respect of that film; or (b) The film is being offered for public supply, or exhibited to the public, in contravention of subsection (1) (b) or subsection (2) (b) or subsection (3) of section 120 of this Act,-- the Inspector may seize the film, and any cassette, case, or other container in or on which that film is kept or offered for public supply, and deliver them to the Secretary. (2) Without limiting section 106 of this Act, where-- (a) An Inspector discovers any person publicly displaying any publication; and (b) The Inspector believes, on reasonable grounds,-- (i) That the publication is a restricted publication or, by virtue of a serial publication order, is to be treated as a restricted publication; and (ii) That the publication is being publicly displayed in contravention of section 130 or section 133 of this Act,-- the Inspector may seize the publication and deliver it to the Secretary. (3) Without limiting section 106 of this Act, where-- (a) An Inspector discovers any person publicly displaying-- (i) Any advertising poster; or (ii) Any film poster-- relating to a restricted publication or a publication that, by virtue of a serial publication order, is to be treated as a restricted publication; and (b) The Inspector believes, on reasonable grounds, that the poster is being publicly displayed in contravention of section 130 or section 133 of this Act,-- the Inspector may seize the poster and deliver it to the Secretary. (4) Subject to subsection (5) of this section, the Secretary may retain any publication, advertising poster, or film poster delivered to him or her under subsection (1) or subsection (2) or subsection (3) of this section, and the publication, advertising poster, or film poster shall subsequently be dealt with in accordance with section 118 of this Act; and the provisions of that section, with any necessary modifications, shall apply accordingly. (5) The Secretary may, at any time, return the publication, advertising poster, or film poster to the person entitled to it, subject to any such conditions relating to compliance with the provisions of this Act with respect to the publication, advertising poster, or film poster as the Secretary may specify. Cf. 1983, No. 130, s.69 (6), (7); 1987, No. 85, s.68 (6) SECT. 108. SEIZURE OF OBJECTIONABLE PUBLICATIONS-- (1) Subject to subsection (2) of this section, where an Inspector or a member of the Police, in the course of carrying out his or her lawful duties, discovers any publication that he or she believes, on reasonable grounds, to be objectionable, that person may, without further authority than this section, seize that publication. (2) Nothing in subsection (1) of this section applies to any publication that is in the possession of any person in circumstances in which, by virtue of subsection (4) or subsection (5) of section 131 of this Act, the possession of that publication by that person is not an offence against subsection (1) of that section. SECT. 109. SEARCH WARRANTS-- (1) Any District Court Judge or Justice, or any Registrar (not being a member of the Police), who, on an application in writing made on oath, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing-- (a) Any objectionable publication that there are reasonable grounds to believe is being kept for the purpose of being so dealt with as to constitute an offence against section 123 or section 124 or section 127 or section 129 of this Act; or (b) Any thing that there are reasonable grounds to believe will be evidence of the commission of such an offence; or (c) Any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing such an offence-- may issue a search warrant. (2) An application under subsection (1) of this section may be made by any Inspector or any member of the Police. Cf. 1957, No. 87, s.198 (1); 1963, No. 22, s.25 (1) SECT. 110. FORM AND CONTENT OF SEARCH WARRANT-- (1) Every search warrant shall be in the prescribed form. (2) Every search warrant shall be directed generally to every Inspector and every member of the Police. (3) Every search warrant shall be subject to such special conditions (if any) as the person issuing the warrant may specify in the warrant. (4) Every search warrant shall contain the following particulars: (a) The place or thing that may be searched pursuant to the warrant: (b) The offence or offences in respect of which the warrant is issued: (c) A description of the kind of property that is authorised to be seized: (d) The period during which the warrant may be executed, being a period not exceeding 14 days from the date of issue: (e) Any conditions specified pursuant to subsection (3) of this section. Cf. 1957, No. 87, s.198 (2); 1991, No. 120, s.31 SECT. 111. POWERS CONFERRED BY WARRANT-- (1) A search warrant may be executed by any Inspector or any member of the Police. (2) Subject to any special conditions specified in the warrant pursuant to section 110 (3) of this Act, every search warrant shall authorise the person executing the warrant-- (a) To enter and search the place or thing specified in the warrant at any time by day or night during the currency of the warrant; and (b) To use such assistants as may be reasonable in the circumstances for the purpose of the entry and search; and (c) To use such force as is reasonable in the circumstances for the purpose of effecting entry, and for breaking open anything in or on the place searched; and (d) To search for and seize any thing referred to in any of paragraphs (a) to (c) of section 109 (1) of this Act. (3) Every person called upon to assist any person executing a search warrant shall have the powers described in paragraphs (c) and (d) of subsection (2) of this section. (4) The power to enter and search any place or thing pursuant to a search warrant may be exercised on one occasion only. Cf. 1957, No. 87, s.198 (2)-(5); 1991, No. 120, s.32 SECT. 112. PERSON EXECUTING WARRANT TO PRODUCE EVIDENCE OF AUTHORITY-- Every person executing any search warrant-- (a) Shall have that warrant with him or her; and (b) Shall produce it on initial entry and, if requested, at any subsequent time; and (c) Shall identify himself or herself to any person in or on the place or thing to be searched; and (d) If he or she is a member of the Police who is not in uniform, shall produce evidence that he or she is a member of the Police; and (e) If he or she is an Inspector (not being a member of the Police), shall produce the warrant issued to that person under section 105 of this Act; and (f) Shall, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within 7 days after the request is made. Cf. 1991, No. 120, s.33 SECT. 113. NOTICE OF EXECUTION OF WARRANT-- (1) Where any Inspector or any member of the Police enters any place or thing under the authority of a search warrant and is unable, despite reasonable efforts, to find in or on that place or thing the owner or occupier of the place or thing, that Inspector or member of the Police shall, after the entry and before leaving the place or thing, leave in or on the place or thing a written notice addressed to the owner or occupier, which notice shall state-- (a) The date and time of the entry; and (b) The Inspector or member of the Police who was in charge of the entry; and (c) The authority under which entry was made; and (d) Where any inquiries regarding the entry may be made. (2) Every Inspector and every member of the Police who executes a search warrant shall, not later than 7 days after the seizure of any property pursuant to that warrant, give to the owner or occupier of the place or thing searched, and to every other person whom the Inspector or member of the Police has reason to believe may have an interest in the property seized, a written notice specifying-- (a) The date and time of the execution of the warrant; and (b) The identity of the person who executed the warrant; and (c) The property seized under the warrant; and (d) The place or thing from which the property was seized; and (e) The place where the property is held. Cf. 1991, No. 120, s.34 SECT. 114. CUSTODY OF PROPERTY SEIZED-- Where property is seized under section 108 of this Act or pursuant to a search warrant, the property shall be kept in the custody of an Inspector or a member of the Police, except while it is being used in evidence or is in the custody of any body or person for the purposes of any proceedings under this Act, until it is dealt with in accordance with sections 115 to 118 or section 136 of this Act. Cf. 1957, No. 85, s.199 (1); 1991, No. 120, s.35 SECT. 115. SUMMONS TO BE ISSUED-- (1) Subject to section 136 (2) of this Act, where any publication is seized under section 108 of this Act, a summons shall be issued calling on the person from whom it was seized to appear before a District Court presided over by a District Court Judge to show cause why the publication should not be destroyed. (2) Subject to section 136 (2) of this Act, where any publication is seized under a search warrant, a summons shall be issued calling on the owner or occupier of the place or thing searched to appear before a District Court presided over by a District Court Judge to show cause why the publication should not be destroyed. (3) It shall not be necessary to issue a summons under subsection (1) or subsection (2) of this section in respect of any publication that the Classification Office or the Board has classified as an unrestricted publication or as a restricted publication. Cf. 1963, No. 22, s.25 (2); 1987, No. 85, s.57 (2), (2A); 1990, No. 59, s.9 SECT. 116. DISPOSAL OF PUBLICATIONS SEIZED-- (1) Subject to subsections (2) and (3) of this section, if, on the hearing of a summons issued pursuant to section 115 of this Act in respect of a publication, the court is satisfied, after reference to the Classification Office if necessary, that the publication is objectionable, it may order the publication to be destroyed at the expiry of 10 working days from the making of the order, and the publication shall in the meantime be impounded. (2) The court shall not make an order under subsection (1) of this section for the destruction of a publication if it considers it necessary that the publication be preserved as evidence in any further proceedings. (3) Notwithstanding that the court is satisfied that the publication to which the summons relates is objectionable, the court may order the return of the publication to the person from whom it was seized (in the case of a publication seized under section 108 of this Act) or to the owner or occupier of the place or thing searched (in the case of a publication seized under a search warrant) if the court is satisfied that, by virtue of subsection (4) or subsection (5) of section 131 of this Act, the possession of that publication by that person is not an offence against section 131 (1) of this Act. (4) If, on the hearing of a summons issued pursuant to section 115 of this Act in respect of a publication, the court is satisfied that the publication is an unrestricted publication or a restricted publication, it shall forthwith direct it to be returned to the person from whom it was seized (in the case of a publication seized under section 108 of this Act) or to the owner or occupier of the place or thing searched (in the case of a publication seized under a search warrant). Cf. 1963, No. 22, s.25 (3), (4); 1987, No. 85, s.57 (3), (4) SECT. 117. APPEAL AGAINST ORDER FOR DESTRUCTION-- (1) Any person aggrieved by an order made under section 116 (1) of this Act for the destruction of any publication may (whatever the amount involved) appeal from that order in the manner provided by the Summary Proceedings Act 1957, and until such appeal is determined or abandoned the order shall be suspended and shall not be carried into effect. (2) Nothing in subsection (1) of this section confers on any person any right to appeal to the High Court, other than under section 58 of this Act, against any decision of the Classification Office or the Board in respect of any publication. Cf. 1963, No. 22, s.25 (5); 1987, No. 85, s.57 (5), (6) SECT. 118. DISPOSAL OF THINGS SEIZED-- (1) This section shall apply with respect to anything seized under a search warrant, except where that thing is dealt with in accordance with sections 115 to 117 of this Act. (2) In any proceedings for an offence relating to anything seized under a search warrant, the court may order, either at the trial or hearing or on an application, that the thing be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in such manner as the court thinks fit. (3) Any Inspector or any member of the Police may at any time, unless an order has been made under subsection (2) of this section, return the thing to the person from whom it was seized, or apply to a District Court Judge for an order as to its disposal. On any such application, the District Court Judge may make any order that a court may make under subsection (2) of this section. (4) If proceedings for an offence relating to the thing are not brought within a period of 3 months of seizure, any person claiming to be entitled to the thing may, after the expiration of that period, apply to a District Court Judge for an order that it be delivered to him or her. On any such application, the District Court Judge may adjourn the application, on such terms as he or she thinks fit, for proceedings to be brought, or may make any order that a court may make under subsection (2) of this section. (5) Where any person is convicted in any proceedings for an offence relating to anything in respect of which a search warrant has been issued under section 109 of this Act enabling seizure, and any order is made under this section, the operation of the order shall be suspended-- (a) In any case until the expiration of the time prescribed by the Summary Proceedings Act 1957 or, as the case may require, the time prescribed by the Crimes Act 1961 for the filing of notice of appeal or an application for leave to appeal; and (b) Where notice of appeal is filed within the time so prescribed, until the determination of the appeal; and (c) Where application for leave to appeal is filed within the time so prescribed, until the application is determined and, where leave to appeal is granted, until the determination of the appeal. (6) Where the operation of any such order is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order. Cf. 1957, No. 87, s.199 (3)-(5); 1963, No. 22, s.25 (7); 1987, No. 85, s.57 (8); 1991, No. 69, s.337 SECT. 119. NO ACTION TO LIE-- No action shall lie against any person for any act done in good faith in pursuance or intended pursuance of any provision of this Part of this Act or of any warrant or order issued or made in pursuance or intended pursuance of any such provision. Cf. 1963, No. 22, s.25 (6); 1987, No. 85, s.57 (7) PART VIII OFFENCES OFFENCES RELATING TO LABELLING SECT. 120. NON-COMPLIANCE WITH LABELLING REQUIREMENTS-- (1) Every person commits an offence against this Act who supplies to the public or offers for supply to the public-- (a) Any film in respect of which no label has been issued under this Act; or (b) Any film that, in contravention of regulations made under this Act, does not have affixed either to it or to any cassette, case, or other container in or on which that film is supplied to the public or offered for supply to the public, the label issued under this Act in respect of that film. (2) Every person commits an offence against this Act who-- (a) Exhibits to the public any film in respect of which no label has been issued under this Act; or (b) In contravention of regulations made under this Act,-- (i) Fails to display, in the prescribed form and manner, the contents of any label issued under this Act in respect of a film; or (ii) Fails to advertise, in the prescribed form and manner, the contents of any such label. (3) Every person commits an offence against this Act who supplies to the public or offers for supply to the public any film at a time when that film, or the cassette, case, or other container in or on which that film is supplied to the public or offered for supply to the public, has affixed to it, otherwise than in accordance with regulations made under this Act, the label issued under this Act in respect of that film. (4) Nothing in this section shall apply in relation to the public supply or public exhibition of a film that is exempted by section 7 or section 8 of this Act from the requirements of section 6 of this Act. (5) Every person who commits an offence against subsection (1) or subsection (2) or subsection (3) of this section is liable to a fine not exceeding,-- (a) In the case of an individual, $3,000: (b) In the case of a body corporate, $10,000. Cf. 1983, No. 130, s.24; 1987, No. 85, s.14 SECT. 121. UNLAWFUL ISSUE OF LABELS-- (1) Every person commits an offence against this Act who, not being the labelling body, issues or purports to issue any label that is intended or is likely, by reason of its wording or appearance, or in any other manner, to cause any person to believe, contrary to the fact, that the label was issued under this Act. (2) Every person who commits an offence against this section is liable to a fine not exceeding,-- (a) In the case of an individual, $3,000: (b) In the case of a body corporate, $10,000. Cf. 1987, No. 85, s.13 (4) OFFENCES INVOLVING OBJECTIONABLE OR RESTRICTED PUBLICATIONS SECT. 122. INTERPRETATION-- In sections 123 to 132 of this Act, unless the context otherwise requires, the term "distribute" means to deliver, to give, or to offer. SECT. 123. OFFENCES OF STRICT LIABILITY RELATING TO OBJECTIONABLE PUBLICATIONS-- (1) Every person commits an offence against this Act who-- (a) Makes an objectionable publication; or (b) Makes a copy of an objectionable publication for the purposes of supply, distribution, display, or exhibition to any other person; or (c) Supplies, or has in that person's possession for the purposes of supply, an objectionable publication; or (d) For the purposes of supply to any other person, distributes, displays, advertises, or exhibits an objectionable publication; or (e) In expectation of payment, or otherwise for gain, or by way of advertisement, distributes, displays, exhibits, or otherwise makes available an objectionable publication to any other person; or (f) Delivers to any person an objectionable publication with intent that it should be dealt with by that person or any other person in such manner as to constitute an offence against this section or section 124 or section 127 or section 129 of this Act. (2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,-- (a) In the case of an individual, $5,000: (b) In the case of a body corporate, $15,000. (3) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable. (4) Without limiting the generality of this section, a publication may be-- (a) Supplied (within the meaning of that term in section 2 of this Act) for the purposes of paragraphs (b), (c), and (d) of subsection (1) of this section; or (b) Made available for the purposes of paragraph (e) of that subsection-- not only in a physical form but also by means of the electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication, other than by broadcasting) of the contents of the publication. Cf. 1963, No. 22, s.21 (1) (a)-(c), (e), (h), (i), (2); 1982, No 27, s.3 (1); 1987, No. 85, Ss.51 (1) (a)-(d), (g), (i), (2), 70 (3) SECT. 124. OFFENCES INVOLVING KNOWLEDGE IN RELATION TO OBJECTIONABLE PUBLICATIONS-- (1) Every person commits an offence against this Act who does any act mentioned in section 123 (1) of this Act, knowing or having reasonable cause to believe that the publication is objectionable. (2) Every person who commits an offence against subsection (1) of this section is liable,-- (a) In the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000: (b) In the case of a body corporate, to a fine not exceeding $50,000. Cf. 1963, No. 22, s.22 (1) (a), (2); 1987, No. 85, s.52 (1) (a), (2) SECT. 125. OFFENCES OF STRICT LIABILITY INVOLVING RESTRICTED PUBLICATIONS-- (1) Every person commits an offence against this Act who-- (a) Supplies, distributes, exhibits, displays, or otherwise deals with a restricted publication otherwise than in accordance with the classification assigned to that publication under this Act; or (b) Delivers to any person any restricted publication with intent that it should be dealt with by that person or any other person in such manner as to constitute an offence against this section. (2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,-- (a) In the case of an individual, $3,000: (b) In the case of a body corporate, $10,000. (3) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was a restricted publication. Cf. 1963, No. 22, s.21 (1) (g), (h) SECT. 126. OFFENCES INVOLVING KNOWLEDGE IN RELATION TO RESTRICTED PUBLICATIONS-- (1) Every person commits an offence against this Act who-- (a) Does any act mentioned in section 125 (1) of this Act knowing or having reasonable cause to believe that the publication is a restricted publication; or (b) Supplies, distributes, exhibits, or displays to any person under the age of 18 years any publication-- (i) That is objectionable if made available to a person of the age of the person to whom it is so supplied, distributed, exhibited, or displayed; and (ii) That the person so supplying, distributing, exhibiting, or displaying it knows is likely to be classified under this Act as objectionable if made available to a person of the age of the other person. (2) Every person who commits an offence against subsection (1) of this section is liable,-- (a) In the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000: (b) In the case of a body corporate, to a fine not exceeding $25,000. Cf. 1963, No. 22, s.22 (1) (ab), (2); 1972, No. 136, s.8 (1); 1987, No. 85, s.52 (1) (b) SECT. 127. EXHIBITION TO PERSONS UNDER 18-- (1) Every person commits an offence against this Act who exhibits or displays an objectionable publication to any person under the age of 18 years. (2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,-- (a) In the case of an individual, $5,000: (b) In the case of a body corporate, $15,000. (3) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable. (4) Every person commits an offence against this Act who exhibits or displays an objectionable publication to any person under the age of 18 years knowing or having reasonable cause to believe that the publication is objectionable. (5) Every person who commits an offence against subsection (4) of this section is liable,-- (a) In the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000: (b) In the case of a body corporate, to a fine not exceeding $50,000. SECT. 128. CIRCUMSTANCES WHEN EXHIBITION OR DISPLAY NOT AN OFFENCE-- Nothing in section 123 or section 124 of this Act applies to the exhibition or display, to any person, of any publication where the publication is exhibited or displayed to that person-- (a) For educational or professional purposes; and (b) By or at the direction of the Chief Censor; and (c) At premises occupied by the Classification Office. SECT. 129. OFFENCES IN PUBLIC PLACE-- (1) Every person commits an offence against this Act who exhibits or displays an objectionable publication in or within view of a public place. (2) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable. (3) Every person commits an offence against this Act who distributes an objectionable publication to any person in a public place knowing or having reasonable cause to believe that the publication is objectionable. (4) Every person who commits an offence against subsection (1) or subsection (3) of this section is liable to a fine not exceeding,-- (a) In the case of an individual, $5,000: (b) In the case of a body corporate, $15,000. Cf. 1963, No. 22, Ss.21 (1) (i), (2), 22 (1) (e), (2); 1972, No. 136, s.7 (2); 1987, No. 85, Ss.51 (1) (h), (2), (3), 52 (1) (d), (2) SECT. 130. BREACH OF CONDITIONS ON DISPLAY OF RESTRICTED PUBLICATIONS-- (1) Every person commits an offence against this Act who-- (a) Publicly displays any restricted publication or any film poster or advertising poster otherwise than in accordance with any condition or conditions imposed pursuant to section 27 of this Act in respect of that publication or poster; or (b) Publicly displays any restricted publication or any film poster or advertising poster in contravention of any such condition. (2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,-- (a) In the case of an individual, $5,000: (b) In the case of a body corporate, $15,000. (3) It shall be no defence to a charge under this section that the defendant had no knowledge of the condition or conditions applicable to the publication or poster to which the charge relates. SECT. 131. OFFENCE TO POSSESS OBJECTIONABLE PUBLICATION-- (1) Subject to subsections (4) and (5) of this section, every person commits an offence against this Act who, without lawful authority or excuse, has in that person's possession an objectionable publication. (2) Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding,-- (a) In the case of an individual, $2,000: (b) In the case of a body corporate, $5,000 (3) It shall be no defence to a charge under subsection (1) of this section that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable. (4) Nothing in subsection (1) of this section makes it an offence for any of the following persons to be in possession of an objectionable publication, where such possession is for the purpose of and in connection with the person's official duties: (a) The Chief Censor: (b) The Deputy Chief Censor: (c) Any classification officer: (d) Any person holding office pursuant to clause 2 of the First Schedule to this Act: (e) Any member of the Board: (f) The labelling body or any person who is carrying out the functions of the labelling body: (g) Any Inspector: (h) Any member of the Police: (i) Any officer of the Customs: (j) Any Judge of the High Court, or District Court Judge, Coroner, or Justice: (k) In relation to any publication delivered to the National Librarian pursuant to section 64 of the Copyright Act 1962, the National Librarian, any other employee of the National Library Department, or any person employed in the Parliamentary Library: (l) Any other person in the service of the Crown. (5) It is a defence to a charge under subsection (1) of this section if the defendant proves that the defendant had possession of the publication to which the charge relates, in good faith,-- (a) For the purpose or with the intention of delivering it into the possession of a person lawfully entitled to have possession of it; or (b) For the purposes of any proceedings under this Act or any other enactment in relation to the publication; or (c) For the purpose of giving legal advice in relation to the publication; or (d) For the purposes of giving legal advice, or making representations, in relation to any proceedings; or (e) In accordance with, or for the purpose of, complying with any decision or order made in relation to the publication by the Chief Censor, the Classification Office, the Board, or any court, Judge, or Justice; or (f) In connection with the delivery of the publication to the National Librarian in accordance with section 64 of the Copyright Act 1962. (6) Nothing in subsection (5) of this section shall prejudice any defence that it is open to a person charged with an offence against this section to raise apart from that subsection. (7) For the avoidance of doubt, in this section the term "proceedings" includes proceedings before the Classification Office. SECT. 132. EXHIBITING PARTS OF A PUBLICATION-- A person may be convicted of exhibiting an objectionable publication if what is exhibited is in all the circumstances objectionable, notwithstanding that it is a part only of a publication that is not objectionable or is a restricted publication. Cf. 1963, No. 22, s.22A; 1972, No. 136, s.10; 1987, No. 85, s.53 MISCELLANEOUS OFFENCES SECT. 133. CONTRAVENTION OF SERIAL PUBLICATION ORDER OR INTERIM RESTRICTION ORDER-- Every person commits an offence and is liable to a fine not exceeding,-- (a) In the case of a individual, $3,000; or (b) In the case of a body corporate, $10,000,-- who acts in contravention of, or fails to comply with, section 37 (5) or section 37 (6) or section 49 (3) or section 67 (3) of this Act. Cf. 1963, No. 22, s.15A (5); 1972, No. 136, s.5; 1986, No. 90, s.2 (3) SECT. 134. OBSTRUCTION OF INSPECTOR-- Every person commits an offence and is liable to a fine not exceeding $1,000 who-- (a) Obstructs an Inspector in the performance of that Inspector's duties under this Act; or (b) Fails to comply with any requirement of an Inspector under subsection (4) of section 106 of this Act, otherwise than on the ground set out in subsection (5) of that section. Cf. 1983, No. 130, s.69 (8); 1987, No. 85, s.68 (7) SECT. 135. FAILURE TO SURRENDER WARRANT-- Every person commits an offence and is liable to a fine not exceeding $1,000 who fails to comply with section 105 (4) of this Act. MISCELLANEOUS PROVISIONS SECT. 136. DISPOSAL AND FORFEITURE FOLLOWING CONVICTION-- (1) Where any person is convicted of an offence against this Act or against any regulations made under this Act, the convicting court may, if it is satisfied, after reference to the Classification Office if necessary, that any publication the subject of the prosecution is objectionable, order that the publication be destroyed at the expiration of 10 working days from the making of the order, and the publication shall in the meantime be impounded. (2) It shall not be necessary to issue a summons under subsection (1) or subsection (2) of section 115 of this Act in respect of any publication that is the subject of an order made under subsection (1) of this section. (3) On the conviction of any person of an offence against section 123 or section 124 of this Act involving the making or copying of an objectionable publication, the convicting court may, in addition to or instead of passing any other sentence or making any other order in respect of the offence, order that any equipment, goods, or other thing used in respect of the commission of the offence be forfeited to the Crown; and anything so forfeited shall be sold, destroyed, or otherwise disposed of as the Minister directs. (4) Before making an order under subsection (1) or subsection (3) of this section, the court shall give-- (a) The person convicted; and (b) Any other person who, in the opinion of the court, would be directly affected by the making of the order-- an opportunity to be heard. (5) If the court is satisfied that the publication that was the subject of the prosecution should be restored to a person other than the person convicted it may so direct. (6) Section 117 of this Act shall apply for the purposes of this section with such modifications as are necessary. Cf. 1963, No. 22, s.25A; 1972, No. 136, s.11; 1987, No. 85, s.58; 1990, No. 59, s.10 SECT. 137. NO ACTION TO LIE-- No action shall lie against any person for any act done in good faith in pursuance or intended pursuance of section 136 of this Act or of any order made in pursuance or intended pursuance of that section. Cf. 1963, No. 22, s.25A (6); 1972, No. 136, s.11; 1987, No. 85, s.57 (7) SECT. 138. LIABILITY OF EMPLOYERS AND PRINCIPALS-- (1) In this section, the term "illegal action" means the supply, distribution, display, exhibition, advertisement, or making available of an objectionable publication contrary to the provisions of this Act. (2) Subject to subsection (4) of this section, any illegal action done by a person as the employee of another person shall, for the purposes of this Act, be treated as done by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval. (3) Any illegal action done by a person as the agent of another person shall, for the purposes of this Act, be treated as done by that other person as well as by the first-mentioned person, unless it is done without that other person's express or implied authority, precedent or subsequent. (4) In any proceedings (being proceedings for an offence against this Act) against any person in respect of an illegal action alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she or it took such steps as were reasonably practicable to prevent the employee from doing that illegal action, or from doing as an employee of that person acts of a class, category, or description that includes illegal actions. Cf. 1963, No. 22, s.23; 1972, No. 136, s.9; 1987, No. 85, s.55; 1993, No. 28, s.126 SECT. 139. DIRECTORS AND OFFICERS OF BODIES CORPORATE-- Where any body corporate is convicted of an offence against this Act or any regulations made under this Act, every director and every officer concerned in the management of the body corporate shall be guilty of the offence where it is proved that the act that constituted the offence took place with that person's knowledge, authority, permission, or consent. Cf. 1963, No. 22, s.28; 1987, No. 85, s.60 SECT. 140. EVIDENCE OF PUBLICATION, ETC.-- Where, in the case of any prosecution for an offence against this Act or any regulations made under this Act, the publication that is the subject of the prosecution, or any package in which the publication is kept, contains or bears a statement that the publication was supplied, distributed, published, made, or copied by any person, that statement may be received as sufficient evidence of the fact so stated unless the contrary is proved. Cf. 1963, No. 22, s.24; 1987, No. 85, s.56 SECT. 141. RELIEF FROM CONTRACTS-- Notwithstanding anything in any contract, whether entered into before or after the commencement of this section, no person shall be liable for breach of contract by reason only of that person rejecting any publication delivered to that person or of that person refusing to accept delivery of, or deal in, any publication in any case where-- (a) That person reasonably and in good faith believes that that person's acceptance of delivery of, or that person's possession of or dealing in, that publication may render that person guilty of an offence against this Act; and (b) That person gives to the person from whom that person received or is to receive delivery of that publication notice in writing of that person's rejection or refusal of the publication, and of the reason for that rejection or refusal, as soon as practicable after that person becomes aware of the nature of the publication in question. Cf. 1963, No. 22, s.26; 1987, No. 85, s.59 SECT. 142. OFFENCES PUNISHABLE ON SUMMARY CONVICTION-- Every offence against this Act or any regulations made under this Act shall be punishable on summary conviction. SECT. 143. EXTENDING TIME FOR TAKING PROSECUTIONS-- Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information in respect of any offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose. Cf. 1963, No. 22, s.28A; 1972, No. 136, s.13; 1987, No. 85, s.61 SECT. 144. LEAVE OF ATTORNEY-GENERAL TO PROSECUTE-- (1) No prosecution for an offence against any of sections 123 to 129 of this Act or against section 131 or section 133 of this Act shall be commenced except with the leave of the Attorney General. (2) The Attorney-General may delegate the powers of the Attorney-General under subsection (1) of this section to the Commissioner of Police in respect of offences concerning any particular class of publications. (3) The Commissioner of Police, in purporting to act under any delegation under subsection (2) of this section, shall, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation. (4) Any such delegation may be at any time revoked by the Attorney-General, in whole or in part, but that revocation shall not affect in any way anything done under the delegated authority. (5) No such delegation shall prevent the exercise by the Attorney-General of any power under subsection (1) of this section. Cf. 1963, No. 22, s.29; 1987, No. 85, s.62 SECT. 145. DELEGATION OF POWERS BY COMMISSIONER OF POLICE-- (1) The Commissioner of Police may from time to time, by writing under the Commissioner's hand, either generally or particularly, delegate to such member or members of the Police, of a rank not less than Inspector, as the Commissioner thinks fit, all or any of the powers delegated to the Commissioner under section 144 of this Act. (2) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. (3) Subject to subsection (1) of this section, any delegation under this section may be made to a specified member of the Police or to members of the Police of a specified rank or class, or may be made to the holder or holders for the time being of a specified office or class of offices. (4) Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner of Police. (5) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner of Police by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Commissioner. (6) The revocation of any such delegation shall not affect in any way anything done under the delegated authority. Cf. 1963, No. 22, s.30; 1987, No. 85, s.63 PART IX MISCELLANEOUS PROVISIONS GENERAL SECT. 146. CLASSIFICATION OFFICE MAY REQUIRE SOUNDTRACK TO BE TRANSLATED INTO ENGLISH-- (1) Where,-- (a) In respect of any film submitted to it under-- (i) Section 12 of this Act; or (ii) Section 42 of this Act by the owner, maker, authorised distributor, or publisher of the film,-- the Classification Office is required, pursuant to section 24 of this Act, to take into consideration the content of any accompanying soundtrack; and (b) That soundtrack, or part of that soundtrack (other than isolated words or phrases), is not in the English language or the Maori language,-- the Classification Office may-- (c) Require the person who submitted that film to supply to the Classification Office an English translation, by a translator approved by the Classification Office, of that soundtrack, or part of that soundtrack; or (d) With the consent of the person who submitted that film, arrange for an English translation to be made of that soundtrack, or part of that soundtrack. (2) Where the Classification Office arranges for the translation of a soundtrack, or part of a soundtrack, pursuant to subsection (1) (d) of this section, the Classification Office may require the person who submitted the film to which that soundtrack relates to meet all or part of the costs of that translation, and such costs shall be recoverable under this section as a debt due to the Classification Office. (3) Where, in respect of any film submitted to the Classification Office under section 12 or section 42 of this Act,-- (a) The person who submitted that film is required, pursuant to subsection (1) (c) of this section, to supply to the Classification Office an English translation of the soundtrack, or part of the soundtrack, accompanying that film, and that person refuses or fails, within such reasonable period as the Classification Office may allow, to supply that translation; or (b) The person who submitted that film is required, pursuant to subsection (2) of this section, to meet all or part of the costs of translating the soundtrack, or part of the soundtrack, accompanying that film, and that person refuses or fails, within such reasonable period as the Classification Office may allow, to comply with that requirement,-- the submission of that film to the Classification Office shall be deemed to have been withdrawn, and the Classification Office shall notify the person who submitted that film accordingly. Cf. 1987, No. 85, s.21A; 1990, No. 59, s.5 SECT. 147. PRINTED MATTER TO BE MARKED WITH NAME AND ADDRESS OF PUBLISHER OR WHOLESALE DISTRIBUTOR-- (1) Except as provided in subsection (4) of this section, no person shall publish any printed matter in New Zealand, unless each separate article is printed or stamped with that person's name and address. (2) Except as provided in subsection (3) or subsection (4) of this section, no wholesale distributor shall sell or distribute any printed matter published elsewhere than in New Zealand, unless each separate article so sold or distributed is printed or stamped with that person's name and address. (3) Nothing in subsection (2) of this section shall apply with respect to-- (a) Any book bearing the name of the publisher, if the name and address of the publisher have been notified by the wholesale distributor to the Secretary for Justice as those of a publisher of books imported by the distributor: (b) Any magazine or periodical the title of which has been notified by the wholesale distributor to the Secretary for Justice as the title of a magazine or periodical imported by the distributor. (4) The Minister of Justice may from time to time, by notice in the Gazette, grant exemptions from compliance with the provisions of subsection (1) or subsection (2) of this section in respect of any printed matter or class of printed matter specified or described in the notice, and may from time to time in like manner amend or revoke any such notice. (5) Every person commits an offence and is liable to a fine not exceeding $500 who acts in contravention of, or fails to comply with, any provision of this section. Cf. 1963, No. 22, s.27 SECT. 148. FEES CHARGED BY CLASSIFICATION OFFICE TO BE REASONABLE-- Any fee charged under section 15 (6) or section 38 (3) or section 40 (4) of this Act for a copy of any document shall be no more than is reasonably required to recover the costs of making that copy. REGULATIONS SECT. 149. REGULATIONS-- The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Prescribing the forms of applications, warrants, and other documents required under this Act: (b) Prescribing the matters in respect of which fees are payable under this Act; prescribing the amounts of the fees or the method by which they are to be assessed; and prescribing the persons to whom the fees are to be paid: (c) Exempting or providing for the exemption of any person or class of persons from liability to pay any fees payable under this Act: (d) Authorising the waiver, refund, or remission, in such circumstances as in accordance with the regulations the Secretary or the Chief Censor or the Board thinks fit, of the whole or any part of any fees payable under this Act: (e) Prescribing the manner in which any notice or other document required by this Act to be given or served by, or to or on, any person is to be so given or served: (f) Prescribing the procedures relating to-- (i) The examination of films by the labelling body: (ii) The issue of labels in respect of films for the purposes of this Act: (g) Prescribing the kinds of ratings to be assigned to films under this Act: (h) Prescribing the circumstances in which the labelling body may not assign a rating to a film: (i) Prescribing the form and content of labels to be used for the purposes of this Act, and regulating-- (i) The affixing of such labels to films that are supplied to the public or offered for supply to the public, and to the cassettes, cases, or other containers in or on which such films are kept: (ii) The public display or advertising, in respect of films exhibited to the public, of the content of such labels: (iii) The affixing of such labels to, or the display of such labels on, or the inclusion of the content of such labels in, any posters or other advertising material used or intended for use in relation to the advertising of any film to the public: (j) Requiring the display, on premises where films are supplied to the public, offered for supply to the public, or exhibited to the public, of posters and advertising material explaining the ratings and classifications assigned to films under this Act: (k) Prescribing the procedures relating to the examination and approval of film posters by the labelling body and the Classification Office: (l) Prescribing the form and content of the register to be kept pursuant to section 39 of this Act: (m) Prescribing the form and content of the lists to be produced pursuant to section 40 of this Act: (n) Providing for the dissemination, by the labelling body, of notice of the rating and description (if any) assigned by it to any film, and for the labelling body to charge a reasonable fee for supplying to any person a copy of any such notice: (o) Prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this section, and prescribing fines, not exceeding $2,000, that may, on summary conviction, be imposed in respect of any such offences: (p) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for their due administration. Cf. 1983, No. 130, s.75; 1987, No. 85, s.69; 1990, No. 58, s.11; 1990, No. 59, s.11 CONSEQUENTIAL AMENDMENTS, REPEALS, AND REVOCATION SECT. 150. CONSEQUENTIAL AMENDMENTS, REPEALS, AND REVOCATION-- (1) The enactments specified in the Second Schedule to this Act are hereby amended in the manner indicated in that Schedule. (2) The enactments specified in the Third Schedule to this Act are hereby repealed. (3) The Films Order 1986 (S.R. 1986/116) is hereby consequentially revoked. PART X TRANSITIONAL PROVISIONS INDECENT PUBLICATIONS ACT 1963 SECT. 151. INTERPRETATION-- In sections 152 to 159 of this Act, unless the context otherwise requires,-- "Book" has the same meaning as it has in the Indecent Publications Act 1963: "Tribunal" means the Indecent Publications Tribunal constituted under the Indecent Publications Act 1963. SECT. 152. DECISIONS UNDER INDECENT PUBLICATIONS ACT 1963-- (1) This section applies to every decision made under the Indecent Publications Act 1963 by the Tribunal or the High Court upon any book or sound recording and that, immediately before the commencement of this section, is (subject to sections 18 (2) and 20 of that Act) conclusive evidence in any proceedings (other than proceedings under section 19 of that Act) of the classification or character of that book or sound recording. (2) Subject to this section and to section 155 of this Act, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 of this Act to be a decision made under section 23 of this Act by the Classification Office on the date of the making of that decision under the Indecent Publications Act 1963, and for those purposes the book or sound recording to which the decision relates shall be deemed to have the classification that corresponds as near as may be to the classification or character assigned to it by that decision under that Act. (3) For the purposes of section 39 of this Act, where notice of a decision to which this section applies has been published in the Gazette, that decision shall be deemed to have been entered in, and to form part of, the register. (4) For the purposes of the application of sections 41 and 42 of this Act to any decision to which this section applies, sections 41 (2), 42 (1), and 42 (2) of this Act shall be read as if, for the words "recorded in any list produced in accordance with section 40 of this Act" as they appear in each of those provisions, there were substituted in each case the word "made". (5) Subject to section 155 of this Act, where, in respect of a decision to which this section applies (being a decision of the Tribunal), the period of 28 days referred to in section 19 (1) of the Indecent Publications Act 1963 within which any party to the proceedings before the Tribunal is entitled to appeal to the High Court against that decision has not, at the date of the commencement of this section, expired, and no such appeal has been lodged before that date,-- (a) There shall be no right of appeal under that Act against that decision; but (b) Any party to those proceedings may, within 30 working days after that date, apply under section 47 of this Act to have the book or sound recording to which the decision relates reviewed by the Board, and the provisions of this Act shall apply accordingly with all necessary modifications. (6) Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (5) of this section, nothing in subsection (2) of this section shall be construed so as to entitle any person to make an application under section 47 of this Act in relation to the book or sound recording to which the decision relates. SECT. 153. PROCEEDINGS PENDING OR IN TRAIN BEFORE INDECENT PUBLICATIONS TRIBUNAL-- (1) Subject to section 155 of this Act, this section applies where, before the commencement of this section,-- (a) A book or sound recording has been submitted to the Tribunal under section 14 or section 20 of the Indecent Publications Act 1963; or (b) Under section 19A of that Act, the High Court has referred a matter back to the Tribunal for reconsideration,-- and those proceedings are pending before the Tribunal at the commencement of this section. (2) Where this section applies, and the proceedings have not commenced, the following provisions shall apply: (a) The Tribunal shall refer the matter to the Classification Office: (b) The Classification Office shall deal with the matter as if the book or sound recording had been submitted to the Classification Office under section 13 of this Act, and the provisions of this Act (including Parts IV and V) shall apply accordingly with all necessary modifications. (3) Where this section applies, and the proceedings have commenced, the following provisions shall apply: (a) The proceedings shall continue as if this Act had not been passed: (b) Section 152 of this Act shall apply in respect of the decision of the Tribunal as if it were a decision to which that section applied: (c) Except where the decision of the Tribunal is made on a matter that has been referred back to it by the High Court under section 19A of the Indecent Publications Act 1963, section 47 of this Act shall apply in respect of the decision of the Tribunal as if it were a decision of the Classification Office, and the provisions of this Act shall apply accordingly with all necessary modifications. SECT. 154. PROCEEDINGS PENDING OR IN TRAIN BEFORE HIGH COURT-- Subject to section 155 of this Act, where, at the commencement of this section, any proceedings under section 19 or section 20 (2) of the Indecent Publications Act 1963 are pending before the High Court, the following provisions shall apply: (a) The proceedings shall continue as if this Act had not been passed: (b) If, in the case of an appeal under section 19 of the Indecent Publications Act 1963, the High Court decides that the matter ought to be referred back to the Tribunal pursuant to section 19A of that Act, the Court shall, instead of exercising that power, refer the matter to the Classification Office, and in any such case-- (i) The Classification Office shall deal with the matter as if the book or sound recording to which the appeal relates had been submitted to the Classification Office under section 13 of this Act, and the provisions of this Act (including Parts IV and V) shall apply accordingly with all necessary modifications; and (ii) The proceedings before the High Court shall be deemed to be finally determined by virtue of this section: (c) Subject to paragraph (b) of this section, section 152 of this Act shall apply in respect of the decision of the High Court as if it were a decision to which that section applied. SECT. 155. QUESTION OF INDECENCY ARISING IN COURT PROCEEDINGS-- (1) Notwithstanding anything in sections 152 to 154 of this Act, this section applies in the following cases: (a) Where, before the commencement of this section, a book or sound recording has been referred to the Tribunal under section 12 or section 18 (2) of the Indecent Publications Act 1963, and, at the commencement of this section,-- (i) Those proceedings are pending before the Tribunal; or (ii) The Tribunal has made a decision in those proceedings but the period of 28 days referred to in section 19 (1) of the Indecent Publications Act 1963 within which any party to the proceedings before the Tribunal is entitled to appeal to the High Court against that decision has not expired, and no such appeal has been lodged; or (iii) An appeal to the High Court against the decision of the Tribunal in respect of that referral is pending: (b) Where, before the commencement of this section, a book or sound recording has been referred to the High Court under section 18 (2) of the Indecent Publications Act 1963, and, at the commencement of this section, those proceedings are pending before that Court: (c) Where before the date of the commencement of this section, the question referred to in subsection (1) of section 12 of the Indecent Publications Act 1963 has arisen in any civil or criminal proceedings and, by virtue of that section, that question would, before that date, have been required to be referred to the Tribunal for decision and report but has not been so referred before that date: (d) Where, on or after the date of the commencement of this section, the question referred to in subsection (1) of section 12 of the Indecent Publications Act 1963 arises in any civil or criminal proceedings (including proceedings for an offence against that Act or proceedings under the Customs Act 1966) and, by virtue of that section, that question would, before that date, have been required to be referred to the Tribunal for decision and report. (2) Where this section applies, the following provisions shall apply: (a) The provisions of the Indecent Publications Act 1963 (including those provisions that confer a right of appeal to the High Court against a decision of the Tribunal) shall continue and be in force for the purposes of dealing with the matter, as if this Act had not been passed: (b) Except where a classification has been given to the book or sound recording under this Act, section 152 of this Act shall apply in respect of the decision of the Tribunal or, as the case may be, the High Court on the matter as if it were a decision to which that section applied. (3) Nothing in subsection (2) (b) of this section shall apply in respect of a decision of the Tribunal in any case where that decision is superseded by a decision of the High Court on an appeal against the Tribunal's decision. SECT. 156. ALTERATION OF APPEAL PERIOD-- Notwithstanding anything in any of sections 152 to 155 of this Act, where, by virtue of any of those sections, any right of appeal to the High Court under section 19 of the Indecent Publications Act 1963 against a decision of the Tribunal is preserved for the benefit of, or conferred on, any person, then, for the purposes of any such appeal (other than an appeal that has been lodged before the commencement of this section), subsection (1) of that section shall be read as if the words "or within such further period as the High Court may allow" were omitted. SECT. 157. INTERIM RESTRICTION ORDERS TO LAPSE-- In any case where, under section 153 or section 154 of this Act, any matter is required to be transferred to the Classification Office, any interim restriction order made under section 14A of the Indecent Publications Act 1963 by the Tribunal in respect of that matter shall, unless sooner revoked, lapse on the date of that transfer. SECT. 158. RESTRICTION ORDERS DEEMED TO BE SERIAL PUBLICATION ORDERS-- Every restriction order made under section 15A of the Indecent Publications Act 1963 that is in force immediately before the date of the commencement of this section-- (a) Shall be deemed to be a serial publication order made under section 37 of this Act on terms that correspond as near as may be to the terms of the order immediately before that date; and (b) Unless it is sooner revoked under this Act, shall expire on the date on which the order would have expired if this Act had not been passed. SECT. 159. EXEMPTIONS-- (1) Every exemption granted under section 31 of the Indecent Publications Act 1963 that is in force immediately before the date of the commencement of this section-- (a) Shall be deemed to be an exemption granted under section 44 of this Act on terms that correspond as near as may be to the terms of the exemption immediately before that date; and (b) Shall expire on the date on which the exemption would have expired if this Act had not been passed. (2) Where-- (a) Before the commencement of this section, an application has been made to the Minister of Justice for an exemption under section 31 of the Indecent Publications Act 1963 in respect of any publication; and (b) At the date of the commencement of this section, that application is still subsisting and has not been finally determined,-- that application shall be deemed to have lapsed on that date, but without prejudice to the right of the applicant to make an application under section 44 of this Act in respect of that publication. VIDEO RECORDINGS ACT 1987 SECT. 160. INTERPRETATION-- In sections 161 to 166 of this Act, unless the context otherwise requires,-- "Authority" means the Video Recordings Authority established by section 16 of the Video Recordings Act 1987: "Video Recordings Board of Review" means the Video Recordings Board of Review established by section 31 of the Video Recordings Act 1987. SECT. 161. CLASSIFICATION DECISIONS UNDER VIDEO RECORDINGS ACT 1987-- (1) This section applies to every decision made under the Video Recordings Act 1987 by the Authority or the Video Recordings Board of Review in respect of any video recording and that, immediately before the commencement of this section, is (subject to sections 29 (2), 30, 36, and 41 of that Act) conclusive evidence in any proceedings of the classification or character of that video recording. (2) Subject to this section and to sections 164 and 171 of this Act, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 of this Act to be a decision made under section 23 of this Act by the Classification Office on the date of the making of that decision under the Video Recordings Act 1987. (3) For the purposes of subsection (2) of this section, a decision to which this section applies shall,-- (a) If the decision is that a video recording is not indecent, be deemed to be a decision that the video recording is unrestricted: (b) If the decision is that a video recording is a restricted video recording within the meaning of the Video Recordings Act 1987, be deemed to be a decision that the video recording is a restricted video recording under this Act, with such classification as is determined in accordance with regulations made under this Act: (c) If the decision is that a video recording is indecent, be deemed to be a decision that the video recording is objectionable. (4) For the purposes of section 39 of this Act, every decision to which this section applies shall be deemed to have been entered in, and to form part of, the register. (5) For the purposes of the application of sections 41 and 42 of this Act to any decision to which this section applies, sections 41 (2), 42 (1), and 42 (2) of this Act shall be read as if, for the words "recorded in any list produced in accordance with section 40 of this Act" as they appear in each of those provisions, there were substituted in each case the word "made". (6) Subject to section 164 of this Act, where, in respect of a decision to which this section applies (being a decision of the Authority), the period of 30 days prescribed by section 37 (1) (b) of the Video Recordings Act 1987 within which an application may be made under section 36 of that Act to the Video Recordings Board of Review in respect of the video recording has not, at the date of the commencement of this section, expired, and no such application has been lodged before that date,-- (a) There shall be no right to lodge an application under that section in respect of that video recording; but (b) Any person who would have been entitled to lodge an application under that section in respect of that video recording may, within 30 working days after that date, apply under section 47 of this Act to have the video recording to which the decision relates reviewed by the Board, and the provisions of this Act shall apply accordingly with all necessary modifications. (7) Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (6) of this section, nothing in subsection (2) of this section shall be construed so as to entitle any person to make an application under section 47 of this Act in relation to the video recording to which the decision relates. SECT. 162. VIDEOS BEFORE LABELLING BODY-- Where, before the commencement of this section, an application has been made under section 12 of the Video Recordings Act 1987 for the issue of a label in respect of any video recording and, at the commencement of this section, the labelling body under that Act has not issued a label under section 13 of that Act in respect of that video recording,-- (a) The application shall be determined under this Act as if it were an application made under section 9 of this Act; and (b) The labelling body under the Video Recordings Act 1987 shall forthwith forward to the labelling body under this Act all material in its possession that relates to the application. SECT. 163. PROCEEDINGS PENDING BEFORE AUTHORITY OR BOARD OF REVIEW-- (1) Subject to section 164 of this Act, this section applies where, before the commencement of this section,-- (a) A video recording has been submitted to the Authority under section 15 or section 19 or section 30 of the Video Recordings Act 1987; or (b) An application has been made under section 36 of the Video Recordings Act 1987 for the review, by the Video Recordings Board of Review, of a video recording,-- and, at the commencement of this section, that submission or, as the case may be, that application is pending before the Authority or, as the case may be, the Video Recordings Board of Review. (2) Where this section applies, the following provisions shall apply: (a) The Authority or, as the case requires, the Video Recordings Board of Review shall refer the matter to the Classification Office: (b) The Classification Office shall deal with the matter as if the video recording had been submitted to the Classification Office under section 13 of this Act, and the provisions of this Act (including Parts IV and V) shall apply accordingly with all necessary modifications: (c) The Authority or, as the case requires, the Video Recordings Board of Review shall forthwith forward to the Classification Office all material in its possession that relates to the matter. SECT. 164. QUESTION OF INDECENCY ARISING IN COURT PROCEEDINGS-- (1) Notwithstanding anything in sections 161 to 163 of this Act, this section applies in the following cases: (a) Where, before the commencement of this section, a video recording has been referred to the Authority under section 20 or section 29 (3) of the Video Recordings Act 1987, and, at the commencement of this section,-- (i) Those proceedings are pending before the Authority; or (ii) The Authority has made a decision in those proceedings but the period of 30 days prescribed by section 37 (1) (b) of the Video Recordings Act 1987 within which an application may be made under section 36 of that Act to the Video Recordings Board of Review in respect of the video recording has not expired, and no such application has been lodged; or (iii) An application under section 36 of that Act in respect of that video recording is pending: (b) Where, before the commencement of this section, a video recording has been referred to the Video Recordings Board of Review under section 29 (3) of the Video Recordings Act 1987, and, at the commencement of this section, those proceedings are pending before that Board: (c) Where before the date of the commencement of this section, the question referred to in subsection (1) of section 20 of the Video Recordings Act 1987 has arisen in any civil or criminal proceedings and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision but has not been so referred before that date: (d) Where, on or after the date of the commencement of this section, the question referred to in subsection (1) of section 20 of the Video Recordings Act 1987 arises in any civil or criminal proceedings (including proceedings for an offence against that Act or proceedings under the Customs Act 1966) and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision. (2) Where this section applies, the following provisions shall apply: (a) The provisions of the Video Recordings Act 1987 (including Parts III and IV) shall continue and be in force for the purposes of dealing with the matter, as if this Act had not been passed: (b) Except where a classification has been given to the video recording under this Act, section 161 of this Act shall apply in respect of the decision of the Authority or, as the case may be, the Video Recordings Board of Review on the matter as if it were a decision to which that section applied. (3) Nothing in subsection (2) (b) of this section shall apply in respect of a decision of the Authority in any case where that decision is superseded by a decision of the Video Recordings Board of Review in accordance with section 38 (10) of the Video Recordings Act 1987. SECT. 165. PROCEEDINGS BEFORE HIGH COURT OR COURT OF APPEAL-- For the avoidance of doubt, it is hereby declared that section 22 of the Acts Interpretation Act 1924 applies in respect of any proceedings under Part IV of the Video Recordings Act 1987 that are pending before the High Court or the Court of Appeal at the commencement of this section. SECT. 166. EXEMPTIONS-- (1) Every exemption granted under section 64 of the Video Recordings Act 1987 that is in force immediately before the date of the commencement of this section-- (a) Shall be deemed to be an exemption granted under section 44 of this Act on terms that correspond as near as may be to the terms of the exemption immediately before that date; and (b) Shall expire on the date on which the exemption would have expired if this Act had not been passed. (2) Where,-- (a) Before the commencement of this section, an application has been made to the Minister for an exemption under section 64 of the Video Recordings Act 1987 in respect of any publication; and (b) At the date of the commencement of this section, that application is still subsisting and has not been finally determined,-- that application shall be deemed to have lapsed on that date, but without prejudice to the right of the applicant to make an application under section 44 of this Act in respect of that publication. FILMS ACT 1983 SECT. 167. INTERPRETATION-- In sections 168 to 170 of this Act, unless the context otherwise requires,-- "Chief Censor" means the Chief Censor of Films under the Films Act 1983: "Films Censorship Board of Review" means the Films Censorship Board of Review established by section 25 of the Films Act 1983. SECT. 168. CLASSIFICATION DECISIONS UNDER FILMS ACT 1983-- (1) This section applies to every decision made under the Films Act 1983 by the Chief Censor or the Films Censorship Board of Review approving a film for exhibition or refusing to approve a film for exhibition, where that decision is subsisting immediately before the commencement of this section. (2) Subject to this section and to section 171 of this Act, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 of this Act to be a decision made under section 23 of this Act by the Classification Office on the date of the making of that decision under the Films Act 1983. (3) For the purposes of subsection (2) of this section, a decision to which this section applies shall,-- (a) If the decision approves a film for exhibition, be deemed to be a decision according the film such classification as is determined in accordance with regulations made under this Act: (b) If the decision refuses to approve a film for exhibition, be deemed to be a decision that the film is objectionable. (4) For the purposes of section 39 of this Act, every decision to which this section applies shall be deemed to have been entered in, and to form part of, the register. (5) For the purposes of the application of sections 41 and 42 of this Act to any decision to which this section applies, sections 41 (2), 42 (1), and 42 (2) of this Act shall be read as if, for the words "recorded in any list produced in accordance with section 40 of this Act" as they appear in each of those provisions, there were substituted in each case the word "made". (6) Where in respect of a decision to which this section applies (being a decision of the Chief Censor), the period of 30 days prescribed by section 31 (1) (a) of the Films Act 1983 within which an application may be made under section 30 of that Act to the Films Censorship Board of Review in respect of the film has not, at the date of the commencement of this section, expired, and no such application has been lodged before that date,-- (a) There shall be no right to lodge an application under that section in respect of that film; but (b) Any person who would have been entitled to lodge an application under that section in respect of that film may, within 30 working days after that date, apply under section 47 of this Act to have the film to which the decision relates reviewed by the Board, and the provisions of this Act shall apply accordingly with all necessary modifications. (7) Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (6) of this section, nothing in subsection (2) of this section shall be construed so as to entitle any person to make an application under section 47 of this Act in relation to the film to which the decision relates. (8) Nothing in this section applies in respect of a decision of the Chief Censor under section 17 of the Films Act 1983. SECT. 169. PROCEEDINGS PENDING BEFORE CHIEF CENSOR OR BOARD OF REVIEW-- (1) This section applies where, before the commencement of this section,-- (a) An application has been made to the Chief Censor under section 8 of the Films Act 1983 in respect of a film; or (b) An application has been lodged under section 31 or section 34 of the Films Act 1983 for the review or, as the case requires, the examination, by the Films Censorship Board of Review, of a film,-- and, at the commencement of this section, that application is pending before the Chief Censor or, as the case may be, the Films Censorship Board of Review. (2) Where this section applies, the following provisions shall apply: (a) The Chief Censor or, as the case requires, the Films Censorship Board of Review shall refer the matter to the Classification Office: (b) The Classification Office shall deal with the matter as if the film had been submitted to the Classification Office under section 13 of this Act, and the provisions of this Act (including Parts IV and V) shall apply accordingly with all necessary modifications: (c) The Chief Censor or, as the case requires, the Films Censorship Board of Review shall forthwith forward to the Classification Office all material in its possession that relates to the matter. SECT. 170. PROCEEDINGS BEFORE HIGH COURT OR COURT OF APPEAL-- For the avoidance of doubt, it is hereby declared that section 22 of the Acts Interpretation Act 1924 applies in respect of any proceedings under Part III of the Films Act 1983 that are pending before the High Court or the Court of Appeal at the commencement of this section. DUAL CENSORSHIP DECISIONS SECT. 171. DUAL CENSORSHIP DECISIONS-- (1) This section applies where, in respect of any film, the application of the provisions of this Part of this Act would result in that film receiving a classification under this Act both-- (a) By virtue of a decision made in respect of that film under the Video Recordings Act 1987; and (b) By virtue of a decision made in respect of that film under the Films Act 1983. (2) Where-- (a) This section applies; and (b) By virtue of those decisions under those enactments, the film would receive the same classification or different classifications; and (c) The decisions under those enactments were made on different dates,-- then, notwithstanding anything to the contrary in this Part of this Act, for the purposes of section 42 of this Act, the film shall be deemed in accordance with this Part of this Act to have been classified by the Classification Office on the earlier of those dates, and the later date shall be disregarded for that purpose. (3) Where this section applies, and, by virtue of those decisions under those enactments, the film would receive different classifications, the following provisions shall apply: (a) If either decision would result in the film being deemed in accordance with this Part of this Act to have been classified by the Classification Office as objectionable, then,-- (i) Notwithstanding anything in this Part of this Act, the film shall be deemed (in accordance with the relevant provision of this Part of this Act) to have been so classified, and, subject to subparagraph (ii) of this paragraph, the decision that would result in that film receiving a different classification (in this paragraph referred to as the other decision) shall be disregarded for the purposes of this Part of this Act; but (ii) Notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part of this Act (in this subparagraph referred to as the alternative classification) if the other decision had been the only decision determining the classification of that film in accordance with this Part of this Act, and that person otherwise complies with the requirements of this Act as they relate to the alternative classification: (b) If both decisions would result in the film being deemed in accordance with this Part of this Act to have been classified by the Classification Office as a restricted publication, then,-- (i) Notwithstanding anything in this Part of this Act, the film shall be deemed (in accordance with the relevant provision of this Part of this Act) to have been so classified, and to have the more restrictive of the 2 classifications, and, subject to subparagraph (ii) of this paragraph, the decision that would result in that film receiving a less restrictive classification (in this paragraph referred to as the other decision) shall be disregarded for the purposes of this Part of this Act; but (ii) Notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part of this Act (in this subparagraph referred to as the alternative classification) if the other decision had been the only decision determining the classification of that film in accordance with this Part of this Act, and that person otherwise complies with the requirements of this Act as they relate to the alternative classification: (c) If one decision would result in the film being deemed in accordance with this Part of this Act to have been classified by the Classification Office as a restricted publication, and the other decision would result in the film being deemed to have been classified as unrestricted, then,-- (i) Notwithstanding anything in this Part of this Act, the film shall be deemed (in accordance with the relevant provision of this Part of this Act) to have been classified as a restricted publication, and, subject to subparagraph (ii) of this paragraph, the decision that would result in that film receiving a different classification (in this paragraph referred to as the other decision) shall be disregarded for the purposes of this Part of this Act; but (ii) Notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part of this Act (in this subparagraph referred to as the alternative classification) if the other decision had been the only decision determining the classification of that film in accordance with this Part of this Act, and that person otherwise complies with the requirements of this Act as they relate to the alternative classification: (d) Notwithstanding anything in this Part of this Act, for as long as the decision classifying that film is deemed in accordance with this Part of this Act to be a decision of the Classification Office, nothing in section 41 of this Act shall apply in respect of that decision (as so deemed). MISCELLANEOUS PROVISIONS SECT. 172. VACATION OF OFFICE OF EXISTING OFFICE-HOLDERS-- Subject to section 173 of this Act, for the avoidance of doubt, it is hereby declared that no person who, immediately before the commencement of this section, is holding any office by virtue of any appointment made under, or pursuant to, or for the purposes of, the Indecent Publications Act 1963 or the Films Act 1983 or the Video Recordings Act 1987 shall, by virtue of the operation of any provision of the Acts Interpretation Act 1924 or any other enactment or rule of law, be taken to hold any office under this Act as a member or employee of the Classification Office or as a member of the Board. SECT. 173. EXISTING INSPECTORS DEEMED TO BE INSPECTORS-- Notwithstanding section 103 of this Act, every person who, immediately before the commencement of this section, held appointment as an Inspector of Cinemas under section 67 of the Films Act 1983 or as an Inspector of Video Recording Outlets under section 66 of the Video Recordings Act 1987 shall, on the commencement of this section, be deemed to have been appointed,-- (a) Where, immediately before the commencement of this section, that person was an employee of the Department of Internal Affairs, as an Inspector of Publications under section 103 (1) of this Act: (b) In any other case, as an Inspector of Publications under section 103 (2) of this Act. SECT. 174. RESTRICTIONS ON REDUNDANCY AND OTHER ENTITLEMENTS-- Where-- (a) Any employee of the Department of Internal Affairs ceases to be employed by that department; and (b) On or before the date on which that employment so ceases, that employee receives an offer of employment in the Classification Office, being an offer of employment on terms and conditions that, taken as a whole, are substantially similar to, or better than, the terms and conditions of employment applying to that person immediately before that date,-- then, notwithstanding the terms of that employee's contract of service with the Department of Internal Affairs, that employee shall not be entitled to receive any payment or other benefit from that department by reason only of that person so ceasing to be an employee of that department, whether or not that person accepts that offer of employment in the Classification Office. Cf. 1993, No. 23, s.13 (1) SECT. 175. PART TO APPLY IN RESPECT OF SUBSISTING DECISIONS UNDER PREVIOUS FILMS ACTS-- Where, at the commencement of this section, any decision made under the Cinematograph Films Act 1976 or any former corresponding Act (being a decision that, by virtue of the provisions of the Acts Interpretation Act 1924, is treated for the purposes of the Films Act 1983 to be a decision approving a film for exhibition or refusing to approve a film for exhibition) is subsisting, this Part of this Act, so far as applicable and with all necessary modifications, shall apply in respect of that decision as if it were a decision made under the Films Act 1983. REGULATIONS SECT. 176. REGULATIONS RELATING TO TRANSITIONAL MATTERS-- Without limiting section 149 of this Act, regulations may be made under that section prescribing transitional and savings provisions relating to the coming into force of this Act, which may be in addition to or in place of any of the provisions of this Part of this Act; and, without limiting the generality of the foregoing, any such regulations may-- (a) Prescribe, in relation to-- (i) Ratings and classifications under the Video Recordings Act 1987; and (ii) Classifications under the Films Act 1983,-- their equivalent ratings and classifications under this Act: (b) Provide for the assigning of a rating or a classification to a film in any case where, because decisions have been made in respect of that film under both the Films Act 1983 and the Video Recordings Act 1987, it is not otherwise possible to assign one equivalent rating or classification to that film: (c) Provide, in relation to any film in respect of which a decision has been made under the Films Act 1983 or the Video Recordings Act 1987 or both, that for a specified transitional period or until the sooner issue of a label under this Act in respect of the film,-- (i) Compliance with all or any of the requirements of the Films Act 1983 with respect to the exhibition of a film shall be deemed to be compliance with all or any of the requirements of this Act with respect to the public exhibition of that film: (ii) Compliance with all or any of the requirements of the Video Recordings Act 1987 with respect to the labelling of a video recording shall be deemed to be compliance with all or any of the requirements of this Act with respect to the public supply of that film: (d) Prescribe transitional and savings provisions relating to film posters in respect of which a decision made under the Films Act 1983 before the date of the commencement of section 150 of this Act is subsisting at that date. SECT. 177. EXPIRY OF SECTION 176-- Section 176 of this Act shall expire with the close of the 31st day of March 1999, and on the 1st day of April 1999-- (a) Section 176 of this Act shall be deemed to have been repealed; and (b) Any regulations made under section 149 of this Act pursuant to any power conferred by section 176 of this Act shall be deemed to have been revoked. ____________________________________ SCHEDULES FIRST SCHEDULE Section 90 PROVISIONS APPLYING IN RESPECT OF CLASSIFICATION OFFICE CL. 1. EMPLOYMENT OF EXPERTS-- (1) The Chief Censor may, as and when the need arises, appoint any person who, in the opinion of the Chief Censor, possesses expert knowledge or is otherwise able to assist in connection with the exercise by the Classification Office of the functions of the Classification Office to make such inquiries or to conduct such research or to make such reports or to render such other services as may be necessary for the efficient performance by the Classification Office of the Classification Office's functions. (2) The Classification Office shall pay persons appointed by the Chief Censor under this clause, for services rendered by them, fees or commission or both at such rates as the Chief Censor thinks fit, and may separately reimburse them for expenses reasonably incurred in rendering services for the Classification Office. CL. 2. STAFF-- (1) Subject to the provisions of this clause, the Chief Censor may appoint such employees as may be necessary for the efficient carrying out of the Classification Office's functions, powers, and duties under this Act (including the functions of the Information Unit). (2) Subject to section 80 (4) of this Act, the Chief Censor, in making an appointment under this clause, shall give preference to the person who is best suited to the position. (3) Subject to subclause (4) of this clause and to section 81 of this Act, employees appointed under this clause shall be employed on such terms and conditions of employment as the Chief Censor from time to time determines. (4) The Chief Censor shall-- (a) Before entering into a collective employment contract in relation to all or any of the employees of the Classification Office appointed under this clause, consult with the State Services Commissioner with respect to the terms and conditions of employment to be included in the collective employment contract; and (b) From time to time consult with the State Services Commissioner in relation to the terms and conditions of employment of those employees appointed under this clause who are not covered by a collective employment contract. CL. 3. COMPLAINTS OFFICERS-- For the purposes of section 16 of this Act, the Chief Censor shall, from time to time, designate as complaints officers one or more of the persons appointed pursuant to clause 2 of this Schedule. CL. 4. SALARIES AND ALLOWANCES-- (1) There shall be paid to the Chief Censor and the Deputy Chief Censor-- (a) A salary at such rate as the Higher Salaries Commission from time to time determines; and (b) Such allowances as are from time to time determined by the Higher Salaries Commission. (2) Subject to the Higher Salaries Commission Act 1977, any determination made under subclause (1) of this clause may be made so as to come into force on a date to be specified for that purpose in the determination, being the date of the making of the determination, or any other date, whether before or after the date of the making of the determination. (3) Every determination made under subclause (1) of this clause in respect of which no date is specified as provided in subclause (2) of this clause shall come into force on the date of the making of the determination. (4) There shall also be paid to the Chief Censor and the Deputy Chief Censor, in respect of time spent in travelling in the exercise of the Chief Censor's or, as the case may be, the Deputy Chief Censor's functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the Chief Censor and the Deputy Chief Censor were members of a statutory Board and the travelling were in the service of the statutory Board. CL. 5. SUPERANNUATION OR RETIRING ALLOWANCES-- (1) For the purpose of providing superannuation or retiring allowances for the Chief Censor, the Deputy Chief Censor, and for any of the employees of the Classification Office, the Classification Office may, out of the funds of the Classification Office, make payments to or subsidise any superannuation scheme that is registered under the Superannuation Schemes Act 1989. (2) Notwithstanding anything in this Act, any person who, immediately before being appointed as the Chief Censor or the Deputy Chief Censor or, as the case may be, becoming an employee of the Classification Office, is a contributor to the Government Superannuation Fund under Part II or Part IIA of the Government Superannuation Fund Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as the Chief Censor or the Deputy Chief Censor or, as the case may be, to be an employee of the Classification Office; and that Act shall apply to that person in all respects as if that person's service as the Chief Censor or the Deputy Chief Censor or, as the case may be, as such an employee were Government service. (3) Subject to the Government Superannuation Fund Act 1956, nothing in subclause (2) of this clause entitles any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor. (4) For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2) of this clause, to a person who holds office as the Chief Censor or the Deputy Chief Censor or, as the case may be, is in the service of the Classification Office as an employee and (in any such case) is a contributor to the Government Superannuation Fund, the term "controlling authority", in relation to any such person, means the Classification Office. CL. 6. APPLICATION OF CERTAIN ACTS-- No person shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason only of that person's appointment as the Chief Censor, or the Deputy Chief Censor, or a person appointed under clause 1 or clause 2 of this Schedule. CL. 7. PERSONNEL POLICY-- (1) The Classification Office shall operate a personnel policy that complies with the principle of being a good employer. (2) For the purposes of this clause, a "good employer" is an employer that operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring-- (a) Good and safe working conditions; and (b) An equal employment opportunities programme; and (c) The impartial selection of suitably qualified persons for appointment; and (d) Recognition of-- (i) The aims and aspirations of Maori; and (ii) The employment requirements of Maori; and (iii) The need for greater involvement of Maori as employees of the employer operating the employment policy; and (e) Opportunities for the enhancement of the abilities of individual employees; and (f) Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and (g) Recognition of the employment requirements of women; and (h) Recognition of the employment requirements of persons with disabilities. CL. 8. EQUAL EMPLOYMENT OPPORTUNITIES PROGRAMME-- (1) The Classification Office-- (a) Shall develop and publish in each year an equal employment opportunities programme: (b) Shall ensure in each year that the equal employment opportunities programme for that year is complied with. (2) For the purposes of this clause and clause 7 of this Schedule, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the employment of any persons or group of persons. (3) The Classification Office shall include in every annual report of the Classification Office a statement of the extent to which the Classification Office's equal employment opportunities programme for the year to which the report relates was complied with. CL. 9. SERVICES FOR CLASSIFICATION OFFICE-- The Crown, acting through any Department, may from time to time, at the request of the Classification Office, execute any work or enter into any arrangements for the execution or provision by the Department for the Classification Office of any work or service, or for the supply to the Classification Office of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed. CL. 10. FUNDS OF CLASSIFICATION OFFICE-- The funds of the Classification Office shall consist of-- (a) Any money appropriated by Parliament for the purposes of the Classification Office and paid to the Classification Office for the purposes of the Classification Office: (b) All other money lawfully received by the Classification Office for the purposes of the Classification Office: (c) All accumulations of income derived from any such money. CL. 11. BANK ACCOUNTS-- (1) The Classification Office shall open at any bank or banks such accounts as are necessary for the exercise of the Classification Office's functions and powers. (2) All money received by the Chief Censor, or the Deputy Chief Censor, or by any employee of the Classification Office, shall, as soon as practicable after it has been received, be paid into such bank accounts of the Classification Office as the Chief Censor from time to time determines. (3) The withdrawal or payment of money from any such account shall be authorised in such manner as the Chief Censor thinks fit. CL. 12. INVESTMENT OF MONEY-- Any money that belongs to the Classification Office and that is not immediately required for expenditure by the Classification Office may be invested pursuant to section 25 of the Public Finance Act 1989. CL. 13. CLASSIFICATION OFFICE NOT TO BORROW WITHOUT CONSENT OF MINISTER OF FINANCE-- Notwithstanding anything in section 76 (2) or section 78 of this Act, the Classification Office shall not borrow or contract to borrow any money, or renew any loan made to the Classification Office, without the prior written consent of the Minister of Finance. CL. 14. AUDIT OFFICE TO BE AUDITOR OF CLASSIFICATION OFFICE-- (1) The Audit Office shall audit the annual financial statements of the Classification Office, and for that purpose the Audit Office shall have and may exercise all the powers that the Audit Office has under the Public Finance Act 1977 in respect of public money and public stores, and the audit of local authorities' accounts. (2) The Classification Office shall pay to the Audit Office for carrying out its duties and functions under this clause fees at such rates as may be prescribed from time to time by the Minister of Finance. CL. 15. SEAL-- The Classification Office's seal of office shall be judicially noticed in all courts and for all purposes. CL. 16. EXEMPTION FROM INCOME TAX-- The income of the Classification Office shall be exempt from income tax. ____________________________________ SECOND SCHEDULE Section 150 (1) ENACTMENTS AMENDED Enactment Amendment 1961, No. 43--The Crimes By repealing subsections (6) and Act 1961 (R.S. Vol. 1, p. (7) of section 124, and 635) substituting the following subsection: "(6) Nothing in this section shall apply to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993, whether the publication is objectionable within the meaning of that Act or not." 1966, No. 19--The Customs By omitting from the First Act 1966 (R.S. Vol. 2, p. Schedule the item relating to 57) indecent documents within the meaning of the Indecent Publications Act 1963 and the item relating to video recordings within the meaning of the Video Recordings Act 1987, and substituting the following item: "All publications within the meaning of the Films, Videos, and Publications Classification Act 1993 that are objectionable within the meaning of that Act in the hands of all persons and for all purposes; and all other indecent or obscene articles." 1975, No. 9--The By inserting in Part II of the Ombudsmen Act 1975 (R.S. First Schedule, in its Vol. 21, p. 657) appropriate alphabetical order, the following item: "The Office of Film and Literature Classification." 1977, No. 110--The Higher By inserting in the Fourth Salaries Commission Act Schedule (as substituted by 1977 (R.S. Vol. 19, p. section 14 of the Higher Salaries 623) Commission Amendment Act 1988), after the item relating to the Privacy Commissioner, the following item: "The Chief Censor of Film and Literature and the Deputy Chief Censor of Film and Literature." 1981, No. 113--The By adding to section 4, as Summary Offences Act 1981 subsection (5), the following (R.S. Vol. 28, p. 887) subsection: "(5) Nothing in this section shall apply with respect to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993, whether the publication is objectionable within the meaning of that Act or not." 1989, No. 25--The By repealing subsection (2) of Broadcasting Act 1989 section 4, and substituting the following subsection: "(2) Where, in respect of any film within the meaning of the Films, Videos and Publications Classification Act 1993,-- "(a) There is in force under that Act a decision classifying that film as objectionable; or "(b) There is in force under that Act a decision classifying that film as if certain excisions had been made,-- no broadcaster,-- "(c) In the case of a film to which paragraph (a) of this subsection applies, shall broadcast that film or any part of that film, or "(d) In the case of a film to which paragraph (b) of this subsection applies, shall broadcast the film, or any part of the film, if the film or, as the case may be, that part includes any part of the film required to be excised,-- except with the consent of the Chief Censor of Film and Literature and subject to any conditions subject to which the Chief Censor has given the consent." 1989, No. 44--The Public By inserting in the Fourth, Finance Act 1989 Fifth, and Seventh Schedules (as added by section 41 of the Public Finance Amendment Act 1992), in each case in its appropriate alphabetical order, the following item: "The Office of Film and Literature Classification". ____________________________________ THIRD SCHEDULE Section 150 (2) ENACTMENTS REPEALED 1963, No. 22-- The Indecent Publications Act 1963 (R.S. Vol. 16, p. 179). 1972, No. 136-- The Indecent Publications Amendment Act 1972 (R.S. Vol. 16, p. 203). 1977, No. 79-- The Indecent Publications Amendment Act 1977 (R.S. Vol. 16, p. 204). 1982, No. 136-- { sic 1982, No. 78 ? } The Indecent Publications Amendment Act 1982 (R.S. Vol. 16, p. 205). 1983, No. 136-- { sic 1983, No. 27 ? } The Indecent Publications Amendment Act 1983 (R.S. Vol. 16, p. 205). 1983, No. 130-- The Films Act 1983. 1985, No. 175-- The Films Amendment Act 1985. 1986, No. 48-- The Taxation Acts Repeal Act 1986: So much of the First Schedule as relates to the Films Act 1983. 1986, No. 90-- The Indecent Publications Amendment Act 1986. 1987, No. 85-- The Video Recordings Act 1987. 1987, No. 140-- The Films Amendment Act 1987. 1989, No. 142-- The Acts and Regulations Publication Act 1989: Section 25, and the heading above that section. 1990, No. 58-- The Films Amendment Act 1990. 1990, No. 59-- The Video Recordings Amendment Act 1990. 1990, No. 108-- The Smoke-free Environments Act 1990: Section 65. 1991, No. 60-- The Judicature Amendment Act 1991: So much of the Schedule as relates to the Films Act 1983, and so much of the Schedule as relates to the Video Recordings Act 1987. 1992, No. 13-- The Accident Rehabilitation and Compensation Insurance Act 1992: Section 171. 1992, No. 19-- The Museum of New Zealand Te Papa Tongarewa Act 1992: So much of the Third Schedule as relates to the Films Act 1983. 1992, No. 47-- The Crown Research Institutes Act 1992: So much of the First Schedule as relates to the Films Act 1983. 1993, No. 28-- The Privacy Act 1993: So much of the Sixth Schedule as relates to the Films Act 1983. 1993, No. 48-- The Foreign Affairs Amendment Act 1993: So much of the First Schedule as relates to the Films Act 1983. 1993, No. 82-- The Human Rights Act 1993: So much of the Second Schedule as relates to the Films Act 1983. ____________________________________