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NSW Film and Video Tape Classification Act 1984 - bobb's journal [entries|archive|friends|userinfo]
Bob Bain

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NSW Film and Video Tape Classification Act 1984 [Aug. 10th, 2009|09:30 am]
Bob Bain
[Current Mood |busybusy]

This is the Act introduced by Neville Wran in 1984 which purportedly banned the sale of "X" rated videotapes in New South Wales.

A few points

Firstly the Act banned the sale of unclassified films and video tape due to the fact that from 1976 to 1984 video tapes could legally be sold without being rated.

Secondly the Act doesn't mention an "X" rating even though the Commonwealth of Australia introduced such a rating.

An "unclassified film" means a film which has not been classified under this Act and includes: (a) a film which has been refused classification: and (b) a film which a classification has been assigned otherwise than in accordance with this Act:

As the "X" rating was not recognised under the Act a film or video tape so classified had to be sent to the OFLC for a rating (as the Act didn't recognise an "X" rating they would be regarded as unclassified and treated accordingly)

Thirdly and most importantly there were no criminal penalties that applied to "X" rated video tapes.

Section 32(3) established the criminal penalties that applied after an unclassified film had been rated which were

(a) 1 penalty unit for an unclassified film subsequently rated G PG or M
(b) up to 50 penalty units for an unclassified film subsequently rated R (or imprisonment for 12 months)
(c) up to 500 penalty units for an unclassified film subsequently refused classification (or imprisonment for up to 2 years)

Criminal penalty for a film subsequently rated "X" - NONE !

Fourthly Section 45 determined that the maximum penalty that could be imposed before a court of petty sessions was 50 penalty units and that the maximum penalty which included imprisonment could only be imposed by the Supreme Court in summary jurisdiction.

It wasn't until the 1995 Enforcement Act of the New South Wales government that specific provisions relating to the "X" rating were introduced.

As Geordie Guy has chosen to no longer follow me on Twitter I have chosen not to follow him on Twitter (cheek for a cheek principle). He could possibly do with some education in relation to political belief systems (including Anarchy)