Films, Videos, and Publications Classification Act 1993 No 94 (as at 01 October 2008), Public Act

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 sections 3 to 3D, 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 not exceeding 18 years:

      • (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.

    Compare: 1963 No 22 s 10; 1983 No 130 s 15(1), (2); 1987 No 85 s 23(1)

    Subsection (2) was amended, as from 22 February 2005, by section 11(1) Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2) by substituting the words sections 3 to 3D for the words section 3 of this Act.

    Subsection (2)(c)(i) was amended, as from 22 February 2005, by section 11(2) Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2) by inserting the words not exceeding 18 years after the words a specified age.