Subject to section 6 of this Act, no person shall supply or offer for supply any video recording unless—

Subject to subsection (2) of this section, section 5 of this Act shall not apply in respect of any of the following video recordings:

Nothing in subsection (1) of this section shall exempt any video recording from the requirements of section 5 of this Act if the video recording has been classified under section 23(1)(b) to (d) of this Act.

Subject to this Act, the Minister may from time to time, on application made to the Minister in accordance with section 9 of this Act, approve any body or organisation to act as the labelling body for the purposes of section 11 of this Act.

An approval shall—

The Minister may grant an approval subject to such conditions as the Minister thinks fit.

The Minister shall not approve a body or organisation unless the Minister is satisfied that—

The Minister shall not decline an application for approval without first giving the applicant—

Subject to subsection (2) of this section the Minister may at any time revoke an approval by notice in writing published in the Gazette if the Minister is satisfied that the labelling body—

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.

An application for approval as the labelling body under section 7 of this Act shall specify—

In addition to the particulars required under subsection (1) of this section, the Minister may, for the purposes of deciding whether to grant an approval, require any body or organisation which applies for an approval to furnish to the Minister such further information as the Minister requires relating to the matters specified in section 7(4)(a) to (c) of this Act.

For the purpose of ensuring that the interests of the general public are taken into account in the labelling of video recordings under this Act, the Minister shall, by notice in the Gazette, appoint a fit and proper person to participate in the carrying out, by the labelling body approved under section 7 of this Act, of its functions under this Act.

The Minister shall make an appointment under subsection (1) of this section—

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.

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 8 of this Act.

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.

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.

The functions of the labelling body shall be as follows:

Subject to this section, any person who produces, distributes, or supplies video recordings may apply to the labelling body for the issue of a label in respect of any video recording.

Subsection (1) of this section shall not apply to any video recording in respect of which a label has already been issued under this Act, or to a video recording which has been classified under this Act as indecent.

Subject to subsection (4) of this section, every application under subsection (1) of this section shall be accompanied by—

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.

Subject to any regulations made under this Act, on receiving any application under section 12(1) of this Act, the labelling body shall, as soon as practicable, examine the video recording, and, subject to subsection (2) of this section and to section 15 of this Act, shall issue in respect of that video recording a label containing—

The labelling body shall not issue a label in respect of any video recording that has been classified by the Authority as indecent.

For the purposes of this Part of this Act, the rating and description (if any) assigned to any video recording under this section shall be deemed to apply to every copy of that video recording which is identical in content with it.

Every person commits an offence, and is liable on summary conviction to a fine not exceeding, in the case of an individual, $ 3,000 and, in the case of a body corporate, $ 10,000 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.

Every person commits an offence who supplies or offers for supply—

Every person commits an offence who supplies or offers for supply any video recording at a time when that video recording, or the cassette, case, or other container in or on which that video recording is supplied or offered for supply, has affixed to it, otherwise than in accordance with regulations made under this Act, the label issued under this Act in respect of that video recording.

Nothing in this section shall apply in relation to a video recording that is exempted by section 6 of this Act from the requirements of section 5 of this Act or in relation to the cassette, case, or other container in or on which any such video recording is supplied or offered for supply.

Every person who commits an offence against subsection (1) or subsection (2) of this section is liable on summary conviction to a fine not exceeding,—

Where the labelling body is not empowered, under regulations made under this Act, to assign a rating to any video recording in respect of which an application is made under section 12(1) of this Act, the labelling body shall submit that video recording to the Authority for examination and classification pursuant to sections 21 and 23 of this Act.

Where—

the labelling body may, with the leave of the Secretary obtained on application made on the form provided for that purpose by the Secretary, submit that video recording to the Authority for examination and classification pursuant to sections 21 and 23 of this Act.

Where the Authority directs, under section 25 of this Act, that a label should be issued in respect of any video recording 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 Authority.

For the purposes of this Act there is hereby established an Authority to be called the Video Recordings Authority.

There shall from time to time be appointed—

a person to be the Video Recordings Authority, and such other persons as may be required to assist the Authority in carrying out its functions and powers under this Act.

Any such office may be held either separately or in conjunction with any other office in the Public Service.

Every person appointed under subsection (2)(b) of this section may be appointed for any period not exceeding 3 years, but may from time to time be reappointed.

Every person appointed under subsection (2)(b) of this section shall be paid, from the Consolidated Account out of money appropriated by Parliament for the purpose, such remuneration and allowances as may from time to time be determined by the State Services Commission.

No such person shall be deemed to be employed in the Public Service for the purposes of the State Services Act 1962, or in the Government service for the purposes of the Government Superannuation Fund Act 1956, merely because that person holds office under this section.

The Authority may from time to time, either generally or specifically, delegate any of its powers (except this power of delegation) to any person appointed to assist the Authority under section 16(2) of this Act.

Any person to whom any such delegation is made 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.

Any person purporting to act pursuant to any such delegation shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

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 Authority.

Until any such delegation is revoked, it shall continue in force according to its tenor.

The functions of the Authority shall be—

The Secretary may submit any video recording to the Authority for a decision on its classification.

The Comptroller of Customs may submit any video recording seized pursuant to the Customs Act 1966 to the Authority for a decision on its classification.

Any other person may submit any video recording to the Authority for a decision on its classification—

obtained on application made on the form provided for that purpose by the Secretary.

Every person who submits a video recording to the Authority under this section shall lodge a notice of submission on the form provided for that purpose by the Secretary with the Authority and (except where the Secretary is the person making the submission) with the Secretary.

Every notice of submission lodged with the Authority under subsection (4) of this section shall be accompanied by—

Where a video recording is submitted to the Authority under subsection (3) of this section, and a copy of that video recording is not submitted to the Authority, the Authority shall take all reasonable steps to obtain a copy of the video recording.

If the Authority, after taking such steps as are required by subsection (6) of this section, is unable to obtain a copy of a video recording submitted to it under subsection (3) of this section, that submission shall lapse, and the Authority shall notify the person who submitted that video recording that that submission has lapsed.

If any video recording submitted under this section or under section 15 or section 30 of this Act is not adaptable to the equipment in the Authority’s office, the Authority may, except where subsection (6) of this section applies, require the person submitting the video recording to make it available for examination by the Authority at such place as the Authority directs, and to pay all or any of the costs associated with the examination of the video recording at that place.

Except as provided by subsections (2) and (3) of this section and sections 29 and 41 of this Act, where in any civil or criminal proceedings before a Court (including proceedings under section 57 of this Act) a question arises whether any video recording—

the Court shall refer the question to the Authority for decision and the Authority shall have exclusive jurisdiction to determine the question.

Where in any civil or criminal proceedings the defendant admits that a video recording—

the Court may accept that admission and dispense with a reference to the Authority.

Where any video recording has been referred to the Authority and the Authority or the Board of Review has classified that video recording, the production in any proceedings of a notice of the decision published in the Gazette together with a certificate from the Authority to the effect that that 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 video recording under section 29 of this Act, the Court shall dispense with a reference to the Authority in those proceedings.

The Authority shall, as soon as practicable, examine every video recording submitted to it under section 15 or section 19 or section 30 of this Act, or referred to it under section 20(1) or section 29(3) of this Act, to determine the classification of the video recording.

In determining the classification of any video recording, the Authority shall consider the following matters:

In addition to the matters referred to in subsection (2) of this section, in determining the classification of any video recording, the Authority may have regard to the number of video recordings of a similar nature which are available for supply to the public, and the likely cumulative effect of the viewing by the public of those video recordings and the video recording being examined.

In the case of a video recording that is intended to be viewed with an accompanying soundtrack, whether or not the soundtrack is an integral part of the video recording, the Authority, in examining the video recording, shall also take into consideration the content of the soundtrack and its relationship to the video recording.

The Authority may make one copy of any video recording, and any accompanying soundtrack, it examines under this Part of this Act for the purpose of comparing that copy with any video recording that it subsequently examines.

The making of a copy of a video recording under subsection (5) of this section shall not constitute an infringement of the copyright (if any) in that video recording.

In examining any video recording for the purposes of this Part of this Act, the Authority may exhibit the video recording to any person whom the Authority considers may be able to assist the Authority in forming an opinion of the video recording on which to base the Authority’s decision in respect of the video recording.

Nothing in this Act relating to the exhibition of video recordings, and nothing in the Films Act 1983 relating to the exhibition of films, shall apply to the exhibition of a video recording by or at the request of the Authority for the purposes of subsection (1) of this section.

After examining a video recording, and having taken into account the matters referred to in section 21 of this Act, the Authority shall classify that video recording as—

For the purposes of this Act, the classification given to any video recording under subsection (1) of this section, or under section 38 or section 39 of this Act, shall be deemed to apply to every copy of that video recording which is identical in content with it.

Notwithstanding anything in section 23 of this Act, if, after examining a video recording submitted to it under section 15 or section 19 or section 30 of this Act, and having taken into account the matters referred to in section 21 of this Act, the Authority is of the opinion that it would classify the video recording differently according to whether any specified part or parts of the video recording is or are excised from or left in the video recording, it shall, before making a final determination in respect of the classification of the video recording, follow the procedure prescribed by the following subsections of this section.

In any case to which subsection (1) of this section applies, the Authority shall notify the owner of the video recording of—

If, in any case to which subsection (2) of this section applies, the owner of the video recording agrees to each such excision or alteration to the satisfaction of the Authority, the Authority shall classify that video recording in accordance with section 23 of this Act as if each of the required excisions and alterations were made.

If, in any case to which subsection (2) of this section applies, the owner of the video recording refuses or fails, within 28 days after the date of the Authority’s notice, or within such further period as the Authority may allow, to agree to any such alteration or excision to the satisfaction of the Authority, the Authority shall classify the video recording in accordance with section 23 of this Act.

In any case to which subsection (2) of this section applies, if the owner of the video recording agrees to some but not all of the excisions or alterations, the Authority shall classify the video recording in accordance with section 23 of this Act as if the excisions and alterations agreed to by the owner of the video recording had been made.

In determining whether to exercise, or in exercising, the Authority’s powers under this section in respect of any video recording, the Authority may consider the effect that any such excision or alteration may have on the continuity of the video recording or on its overall effect.

Where, pursuant to subsection (3) or subsection (5) of this section, the Authority classifies any video recording as if certain excisions or alterations had been made to that video recording,—

Subsections (1) to (7) of this section, 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 video recording being examined.

Where the Authority has examined and classified any video recording referred to it pursuant to section 20(1) or section 29(3) of this Act, the Authority shall forward a report of its findings to the Court that referred the video recording.

Where the Authority has examined and classified a video recording submitted to it pursuant to section 15 of this Act, the Authority shall, subject to subsection (5) of this section and to section 24(7)(b) of this Act, direct the labelling body to issue a label in respect of that video recording.

Where the Authority has examined and classified a video recording submitted to it pursuant to section 19 or section 30 of this Act, or referred to it under section 20(1) or section 29(3) of this Act, the Authority may, subject to section 24(7)(b) of this Act, if the Authority is satisfied that the video recording is available for supply, or is intended to be made available for supply, direct the labelling body to issue a label in respect of that video recording.

Every direction under subsection (2) or subsection (3) of this section shall specify, in respect of the video recording,—

The Authority shall not direct the labelling body to issue a label in respect of any video recording which the Authority has examined and classified as indecent.

Where, under subsection (3) of this section, the Authority directs the labelling body to issue a label in respect of any video recording, any label previously issued in respect of that video recording by the labelling body, and any previous direction by the Authority to the labelling body to issue a label in respect of that video recording, shall, for the purposes of this Act, be deemed to be cancelled.

Where, in any civil or criminal proceedings, any video recording is referred to the Authority by a Court pursuant to section 20(1) or section 29(3) of this Act, and the Authority makes a decision with respect to that video recording, that decision shall, subject to section 38(10) of this Act, be of no effect in relation to those proceedings until,—

Where the Authority makes a decision in respect of any video recording submitted to the Authority under section 19 or section 30 of this Act, the Authority shall give written notice of its decision, the reasons for its decision, the classification given to the video recording, and of the terms of any direction given by the Authority to the labelling body to issue a label in respect of the video recording, to the person who submitted that video recording to the Authority.

Every decision and classification made by the Authority, or by the Board of Review, in respect of any video recording, and such particulars as may be prescribed, shall be published in the Gazette.

Subject to subsection (2) of this section and to sections 30, 36, and 41 of this Act, a subsisting decision of the Authority or of the Board of Review in respect of any video recording shall be conclusive evidence in any proceedings that the video recording—

Where any person is charged with an offence against this Act or any other Act, nothing in subsection (1) of this section shall prevent that person from challenging any decision of the Authority or the Board of Review in respect of any video recording if not less than 1 year has elapsed since that decision was published in the Gazette pursuant to section 28 of this Act.

Where subsection (2) of this section applies in respect of any decision of the Authority or the Board of Review, the Court shall, at the request of the person so charged, refer the decision to the Authority for reconsideration, or to the Board of Review where the decision to be reconsidered is a decision of the Board.

Any person may, with the leave of the Minister or of the Authority, submit any video recording to the Authority for reconsideration of the last decision of the Authority or the Board of Review in respect of that video recording if not less than 3 years have elapsed since that decision was published in the Gazette pursuant to section 28 of this Act, and the Authority may alter or confirm the previous decision.

Any owner or maker of a video recording may submit that video recording to the Authority for reconsideration of the last decision of the Authority or the Board of Review in respect of that video recording if not less than 3 years have elapsed since that decision was published in the Gazette pursuant to section 28 of this Act, and the Authority may alter or confirm the previous decision.

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 Authority, submit any video recording to the Authority for reconsideration of any decision made in respect of it within the period referred to in those subsections if the video recording has been substantially altered since that decision, or in special circumstances approved by the Authority and with its prior approval.

For the purposes of this Act there is hereby established a Board to be called the Video Recordings Board of Review.

The Board of Review shall consist of—

Any member of the Board of Review who ceases to be a member of the Films Censorship Board of Review shall also cease to be a member of the Board of Review.

If the Chairman of the Board of Review is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board of Review, or if the Chairman considers that it would not be proper or desirable for the Chairman to adjudicate on any specified matter, the Minister may appoint any other member of the Films Censorship Board of Review to act as Chairman of 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.

Any person appointed under subsection (1) of this section shall, subject to any terms and conditions specified by the Minister, have all the powers of the Chairman for the purposes of that meeting or of adjudicating on that matter, including the power conferred by section 31(2)(b) of this Act.

If any member of the Board of Review (other than the Chairman) is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board of Review, or if the Chairman or that member considers that it would not be proper or desirable for that member to adjudicate on any specified matter, the Chairman may appoint any other member of the Films Censorship Board of Review to act in the place of that member at that meeting or for the purposes of adjudicating on that matter.

No appointment of any person under this section and no acts done by that person while acting as the Chairman or as a member of the Board of Review, and no act done by the Board of Review 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.

The function of the Board of Review shall be to review any video recording referred to it under section 29(3) of this Act or submitted to it in accordance with this Part of this Act.

The Board of Review is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

There may be paid to the members of the Board of Review 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.

The Board of Review shall sit for the conduct of its business at such times and places as it considers necessary.

The Chairman shall preside at all sittings of the Board.

The Chairman and 2 other members of the Board shall constitute a quorum at any sitting of the Board, but the Chairman shall, as far as practicable, ensure that all members are present at any sitting at which, in the Chairman’s opinion, difficult or important matters are to be considered.

Every question before the Board shall be determined by the opinion of the majority of the members present at a sitting of the Board, and when the members are equally divided in their opinions that of the Chairman shall prevail.

Subject to the provisions of this Act, the Board shall determine its own procedure.

Any of the persons specified in subsection (2) of this section who are dissatisfied with any decision of the Authority with respect to any video recording shall be entitled, on application, to have the video recording reviewed by the Board.

The following persons may seek a review under subsection (1) of this section:

Every application for a review under section 36 of this Act shall—

Where the Secretary is the person making the application, the Secretary shall, within the time limit referred to in subsection (1)(b) of this section, send that application to the Chairman of the Board.

The Secretary shall forthwith forward to the Chairman of the Board every application for review received by the Secretary under this section.

On receipt of an application for review under this section, the Chairman of the Board shall arrange a sitting of the Board to conduct the review.

Every review shall be conducted as soon as practicable.

Every review under this Part of this Act shall be by way of re-examination of the video recording by the Board of Review without regard to the Authority’s decision.

The Board of Review shall examine any video recording submitted to it under section 36 of this Act to determine the classification of the video recording.

In determining the classification of any video recording, the Board shall take into consideration the matters referred to in subsections (2) and (4) of section 21 of this Act, and may take into account the matters referred to in subsection (3) of that section.

Except as provided in subsections (5) to (7) of this section, 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, but the Board shall have the same power to consult any person (including the Authority) as is conferred on the Authority by section 22 of this Act.

If the Board consults the person submitting the video recording for review, it shall notify the Authority that it has done so, and invite the Authority to make submissions to the Board in relation to that video recording.

If the Board consults the Authority otherwise than on purely technical matters, it shall notify the person submitting the video recording for review, and, if that person is a party to the proceeding referred to in section 36(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 the video recording.

If the Board consults any person who is a party to the proceeding referred to in section 36(2)(c) of this Act, it shall notify the Authority, and every other person who is a party to that proceeding, that it has done so, and invite the Authority and those persons to make submissions to the Board in relation to that video recording.

After examining any video recording submitted to it for review, the Board shall—

Notwithstanding anything in subsection (8) of this section, on any review of a video recording, the Board shall have the same powers as are conferred on the Authority by this Act.

Where the Board of Review makes any determination in relation to any video recording submitted to it under section 36 of this Act, the decision of the Authority in relation to that video recording, and the classification given to that video recording by the Authority, shall, for the purposes of this Act, be deemed to be cancelled.

Where, under section 29(3) of this Act, a Court refers to the Board for reconsideration any decision of the Board in respect of any video recording, the Board shall carry out that reconsideration as if it were a review of that video recording under section 38 of this Act, and the provisions of section 38 of this Act, so far as they are applicable and with the necessary modifications, shall apply with respect to any such reconsideration.

The Board of Review 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.

Every such case stated shall be heard and determined by the Administrative Division of the High Court in accordance with rules of Court.

Where the Board of Review makes any determination in respect of any video recording referred to it under section 29(3) of this Act, or submitted to it under section 36 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.

The following persons may appeal under subsection (1) of this section:

Every appeal under this section shall be heard and determined by the Administrative Division of the High Court.

Subject to sections 42 to 50 of this Act, every appeal under this section shall be dealt with in accordance with rules of Court.

Every appeal under section 41 of this Act shall be instituted by the appellant lodging a notice of appeal, within 1 month after the date of the determination, with—

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 41 of this Act against the determination in respect of which the appeal has been brought.

Service under subsection (2) of this section, if by post, shall be by registered letter and shall be deemed in the absence of proof to the contrary for the purposes of this section to be effected at the time when the letter would be delivered in the ordinary course of post.

Every notice of appeal shall specify—

The Secretary for Internal Affairs shall, as soon as is 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.

If any of the persons on whom a copy of the notice of appeal is required to be served under section 42(2) of this Act wishes to appear and be heard on the hearing of the appeal, that person shall, within 10 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.

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—

Subject to subsections (2) and (3) of this section, the High Court may, of its own motion or on the application of any party to the appeal, make all or any of the following orders:

An application under subsection (1) of this section shall be made,—

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.

The High Court may dismiss any appeal under section 41 of this Act—

Where any party to an appeal under section 41 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 1 month 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.

The provisions of subsections (2) to (4) of section 42, and sections 44, 45, 47, and 48 of this Act shall apply, with any necessary modifications, to any notice lodged under this section as if it were a notice of appeal.

The High Court or a Judge thereof 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 42 to 46 of this Act for the lodging of any notice, application, or other document.

When any party to the appeal notifies the Registrar of the High Court at Wellington—

the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the nearing as soon as is practicable.

Any party to the appeal may apply to the Court or a Judge for an interim restriction order in respect of the video recording that is the subject of the appeal.

Every interim restriction order made under this section 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.

While any 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 video recording to which the order relates which would be an offence against any of the provisions of paragraphs (a), (d), (e), (f), (h), or (i) of subsection (1) of section 51 of this Act or of paragraphs (c), (d), or (e) of subsection (1) of section 52 of this Act if that video recording were an indecent video recording.

Every interim restriction order shall be published in the Gazette and shall be advertised, in such manner as the Court or Judge shall direct, by the person on whose application the order is made. In addition that person shall as soon as reasonably practicable give express notice of the making of that order to such persons or classes of persons as the Court or Judge shall direct.

Every person who is given express notice of the making of an interim restriction order shall, if that person has supplied the video recording to which the order relates to any other person for distribution, sale, or hire, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person.

The High Court or a Judge may on the application on notice of any person interested or of its own motion revoke an interim restriction order made under this section. Every order under this subsection which 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 shall direct.

Every person who acts in contravention of or fails to comply with subsection (3) or subsection (5) of this section commits an offence against this section and is liable on summary conviction,—

If any party to the proceedings before the High Court under the foregoing provisions of 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.

Every such appeal shall be heard and determined in accordance with rules of Court.

Every person commits an offence against this Act who—

Every person who commits an offence against subsection (1) of this section is liable on summary conviction to a fine not exceeding $ 3,000.

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 video recording to which the charge relates was of an indecent nature.

It shall be a defence to a charge under subsection (1) of this section to prove that the act of the defendant had no immoral or mischievous tendency.

Every person commits an offence against this Act who—

Every person who commits an offence against subsection (1) of this section is liable on summary conviction,—

Every person charged with an offence against paragraph (a) of subsection (1) of this section may be convicted of an offence against subsection (1) of section 51 of this Act as if that person had been charged under that subsection.

It is a defence to a charge under subsection (1) of this section to prove that the act of the defendant had no immoral or mischievous tendency.

A person may be convicted of exhibiting an indecent video recording if what is exhibited is in all the circumstances indecent, notwithstanding that it is a part only of a video recording that is not indecent or is a restricted video recording.

Nothing in section 51 or section 52 of this Act shall apply to anything done in relation to any video recording (being a video recording in respect of which a certificate of approval is in force under the Films Act 1983) for any purpose related to the exhibition of that video recording in accordance with the Films Act 1983.

When an indecent video recording is sold or hired, or offered for sale or hire, or exhibited contrary to the provisions of this Act, by an employee or agent in the course of that person’s employment or agency, whether with or without the authority of that person’s employer or principal, the video recording shall, for the purposes of this Act, be conclusively deemed to have been so sold, hired, offered, or exhibited, as the case may be, both by the employee or agent, and by that person’s employer or principal, and each of those persons shall be severally guilty of an offence against this Act accordingly.

When, in the case of any prosecution for an offence against this Act or any regulations made under this Act, the video recording that is the subject of the prosecution, or any cassette in which that video recording is kept, contains or bears a statement that the video recording was made, reproduced, distributed, sold, or hired by any person, that statement may be received as sufficient evidence of the fact so stated unless the contrary is proved.

Any District Court Judge or Justice, or any Registrar (not being a constable), who, on an application in writing made on oath, is satisfied that there is reasonable ground for believing that any indecent video recording is kept in any building, aircraft, ship, carriage, vehicle, box, receptacle, premises, or place for the purpose of being so dealt with as to constitute an offence against section 51 or section 52 of this Act, may issue a search warrant in the prescribed form, and the provisions of subsections (2) to (7) of section 198 of the Summary Proceedings Act 1957 shall apply as if the application were made and the warrant issued under that section.

Where any video recording is seized under a search warrant a summons shall be issued calling upon the occupier of the place searched to appear before a District Court presided over by a District Court Judge to show cause why it should not be destroyed.

If, on the hearing of the summons, the Court is satisfied, after reference to the Authority if necessary, that any of the video recordings so seized are indecent, and have been kept for the purpose of being so dealt with as to constitute an offence against section 51 or section 52 of this Act, it may order that those recordings (except such of them as it considers necessary to be preserved as evidence in any further proceedings) be destroyed at the expiration of 14 days from the making of the order, and the recordings shall in the meantime be impounded.

If the District Court Judge is satisfied, after reference to the Authority if necessary, that any video recordings so seized are not indecent, or have not been kept for the purpose mentioned in subsection (1) and subsection (3) of this section, the Judge shall forthwith direct them to be restored to the occupier of the place in which they were seized.

Any person aggrieved by an order made under this section for the destruction of any video recordings may (whatever the amount involved) appeal therefrom 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.

There shall be no appeal to the High Court, other than pursuant to section 41 of this Act, against any decision of the Authority or the Board of Review in respect of any video recording.

No action shall lie against any person for any act done in good faith in pursuance or intended pursuance of this section or of any warrant or order issued or made in pursuance or intended pursuance thereof.

Subject to the provisions of this section, all proceedings under this section shall be in accordance with the Summary Proceedings Act 1957, and that Act shall apply thereto accordingly.

Where any person is convicted of an offence against this Act, the convicting Court may, if it is satisfied after reference to the Authority if necessary, that any video recording the subject of the prosecution is indecent, order that the video recording be destroyed at the expiration of 14 days from the making of the order, and the recording shall in the meantime be impounded.

It shall not be necessary to issue a summons under section 57(2) of this Act in any case where all the video recordings seized under a search warrant are indecent and are the subject of a prosecution in which the occupier of the place searched is the person or one of the persons convicted.

The making of an order under subsection (1) of this section shall be postponed if a summons is required to be issued under section 57 of this Act in respect of the video recording and that summons has not been issued and disposed of.

Before making an order under subsection (1) of this section the Court shall give the person convicted and any other person who, in the opinion of the Court, would be directly affected by the destruction of the video recording which was the subject of the prosecution an opportunity of being heard.

If the Court is satisfied that the video recording should be restored to a person other than the person convicted it may so direct.

Subsections (5) to (8) of section 57 of this Act shall apply for the purposes of this section with such modifications as are necessary.

Notwithstanding anything in any contract, whether entered into before or after the commencement of this Act, no person shall be liable for breach of contract by reason only of that person rejecting any video recording delivered to that person or of that person refusing to accept delivery of or deal in any video recording in any case where—

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 which constituted the offence took place with that person’s knowledge, authority, permission, or consent.

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.

No prosecution for an offence against this Act (except an offence against section 13 or section 14 or section 67 or section 68 of this Act, or an offence against any regulations made under this Act) shall be commenced except with the leave of the Attorney-General.

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 video recordings.

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.

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.

No such delegation shall prevent the exercise by the Attorney-General of any power under subsection (1) of this section.

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 62 of this Act.

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.

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.

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.

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.

The revocation of any such delegation shall not affect in any way anything done under the delegated authority.

Where the Minister is satisfied that any video recording which has been classified as indecent or which has been subject to restrictions under this Act should be made available to a limited class of persons or to a particular person for educational, professional, scientific, literary, artistic, or technical purposes, the Minister may by writing under the Minister’s hand exempt that class of persons or that person from the provisions of this Act in respect of that video recording for such period and on such conditions as the Minister thinks fit.

In any prosecution for an offence against this Act the burden of proving that the defendant was exempted under this section and was acting in accordance with the terms of the exemption shall be on the defendant.

The Secretary may from time to time, by writing under the Secretary’s hand, either generally or particularly, delegate to such officer or officers of the Department of Internal Affairs as the Secretary thinks fit all or any of the powers and functions exercisable by the Secretary under this Act or under any regulations made under this Act, other than the power of delegation conferred by this section.

Subject to any general or special directions given or conditions attached by the Secretary, the officer to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on the officer directly by this section and not by delegation.

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

Any delegation under this section may be made to a specified officer or to officers of a specified class, or may be made to the holder for the time being of a specified office or class of office.

Any delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Secretary.

Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Secretary 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 Secretary.

The Secretary may from time to time appoint such number of persons to be Inspectors of Video Recording Outlets as may be required for the purposes of this Act.

Notwithstanding subsection (1) of this section, every Inspector of Cinemas appointed under section 67 of the Films Act 1983 and every constable shall be deemed to be an Inspector of Video Recording Outlets for the purposes of this Act.

Every Inspector appointed under subsection (1) of this section shall be paid, from the Consolidated Account out of money appropriated by Parliament for the purpose, such remuneration and allowances as may from time to time be determined by the State Services Commission.

No person shall be deemed to be employed in the Public Service for the purposes of the State Services Act 1962, or in the Government service for the purposes of the Government Superannuation Fund Act 1956, merely because that person holds office as an Inspector.

Every Inspector shall be subject to the jurisdiction of the Ombudsmen under the Ombudsmen Act 1975.

The Secretary shall issue to every person appointed as an Inspector of Video Recording Outlets under section 66(1) of this Act a warrant authorising that person to exercise the powers conferred on Inspectors under section 68 of this Act.

Every such warrant shall contain—

The production by an Inspector of—

shall, until the contrary is proved, be sufficient authority for any such Inspector to do anything authorised by this Part of this Act.

Every person appointed under section 66(1) of this Act 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.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $ 500 who fails to comply with subsection (4) of this section.

Every Inspector of Video Recording Outlets may enter upon any premises (not being a private residence) in which video recordings are offered for sale or hire for the purpose of ensuring that the provisions of Part I of this Act, and of any regulations made under this Act, are being complied with.

An Inspector shall not enter upon 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 place into which entry is intended, or the representative or agent or employee of that person.

Every Inspector shall, when entering upon any of the said premises, and at any other time when required to do so by the owner or occupier of the place or by that person’s representative, agent, or employee, produce the warrant issued to the Inspector under section 67 of this Act, or in the case of an Inspector of Cinemas or a constable, the written authority issued under section 68(1) of the Films Act 1983, or evidence that that person is a constable, as the case may require.

In the exercise of the powers conferred by subsection (1) of this section, an Inspector may—

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.

Without limiting the provisions of subsections (1) to (5) of this section, where an Inspector discovers any person offering for supply any video recording (not being a video recording that is exempted, by section 6 of this Act, from the requirements of section 5 of this Act), and—

the Inspector may seize that video recording, and any cassette, case, or other container in or on which that video recording is so offered for supply, and deliver them to the Secretary.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $ 500 who obstructs an Inspector in the performance of that Inspector’s duties under this Act or who fails to comply with any requirement of an Inspector under subsection (4) of this section, otherwise than on the ground set out in subsection (5) of this section.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

Section 124 of the Crimes Act 1961 (as amended by section 3 of the Crimes Amendment Act 1966, and by section 76(1) of the Films Act 1983) is hereby amended by adding the following subsection:

Section 2 of the Indecent Publications Act 1963 is hereby amended by repealing the definitions of the terms “document” and “film” (as substituted by section 2(1) of the Indecent Publications Amendment Act 1983), and substituting the following definitions:

Section 21(1) of the Indecent Publications Act 1963 is hereby amended by repealing paragraph (ba) (as substituted by section 3 of the Indecent Publications Amendment Act 1983), and substituting the following paragraph:

The First Schedule to the Customs Act 1966 is hereby amended by inserting, after the item relating to indecent documents within the meaning of the Indecent Publications Act 1963, the following item:

The following enactments are hereby consequentially repealed, namely: