149Regulations

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

2. prescribing the forms of applications, warrants, and other documents required under this Act:
3. prescribing information to be included in a take-down notice under section 119D:
4. 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:
5. exempting or providing for the exemption of any person or class of persons from liability to pay any fees payable under this Act:
6. 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:
7. 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:
8. prescribing the procedures relating to—
   1. the examination of films by the labelling body:
   2. the issue of labels in respect of films for the purposes of this Act:
   3. the self-rating process for commercial video on-demand content provided by specified CVoD providers:
9. prescribing the kinds of ratings to be assigned to films under this Act:
10. prescribing the circumstances in which the labelling body may not assign a rating to a film:
11. prescribing, as contemplated by sections 12(1A) and 71(ba), the circumstances in which, on an application under section 9(1) in respect of the film, the labelling body may, without a direction of the Classification Office under section 36 in respect of the film, issue a label (containing the classification of, and any description given to, the item) in respect of a film—
    1. an item on which has been classified under this Act as a restricted publication; and
    2. all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating:
12. prescribing the form and content of labels to be used for the purposes of this Act, and regulating—
    1. the display of such labels on films that are supplied to the public or offered for supply to the public, and on the cassettes, cases, or other containers in or on which such films are kept:
    2. the public display or advertising, in respect of films exhibited to the public, of the content of such labels:
    3. 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:
    4. the display of labels on commercial video on-demand content provided by specified CVoD providers (including labels to be displayed on the content and on menus and catalogues that list the content):
    5. the display of labels on advertisements for commercial video on-demand content provided by specified CVoD providers:
13. 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:
14. requiring the display, on premises where films to which regulations made under paragraph (nd) apply are supplied to the public or offered for supply to the public, of posters and advertising material explaining the ratings and classifications under the Video Recordings Act 1987, and their equivalent ratings and classifications under this Act:
15. prescribing the procedures relating to the examination and approval of film posters by the labelling body and the Classification Office:
16. prescribing factors that must be taken into account when the rating to be applied to commercial video on-demand content is determined by use of an approved self-rating system (see section 46F(1)(g)):
17. prescribing information to be included in the film database maintained by the Classification Office under section 11A:
18. prescribing information to be included in the register of classification decisions:
20. 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:
21. prescribing, in relation to—their equivalent ratings and classifications under this Act:
    1. ratings and classifications under the Video Recordings Act 1987; and
    2. classifications under the Films Act 1983,—
22. providing 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 1 equivalent rating or classification to that film:
23. providing that film posters in respect of which an approval given pursuant to the Films Act 1983 before 1 October 1994 is subsisting at that date are deemed, for the purposes of any regulations made pursuant to paragraph (k), to be approved under any such regulations:
24. providing, in relation to any film in respect of which a decision has been made under the Video Recordings Act 1987, that unless a label has been issued under this Act in respect of the film, compliance with all or any of the requirements of the Video Recordings Act 1987 with respect to the labelling of a video recording is regarded as compliance with all or any of the requirements of this Act with respect to the public supply of that film:
25. 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 conviction, be imposed in respect of any such offences:
26. 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.

27. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

28. If regulations authorise a person to grant exemptions referred to in subsection (1)(c),—

29. an exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
30. the regulations must contain a statement to that effect.