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Films, Videos, and Publications Classification Act 1993

Transitional provisions - Indecent Publications Act 1963

153: Proceedings pending or in train before Indecent Publications Tribunal

You could also call this:

"What happens to cases already with the Indecent Publications Tribunal when the new law starts"

Illustration for Films, Videos, and Publications Classification Act 1993

You are dealing with a situation where something was happening before the Films, Videos, and Publications Classification Act 1993 started. This situation involves a book or sound recording that was given to the Indecent Publications Tribunal before the Act began. The Tribunal was looking at it under the Indecent Publications Act 1963. If the Tribunal had not started looking at it yet, they will send it to the Classification Office. The Classification Office will then deal with it as if it was sent to them under section 13. They will follow the rules in the Act, including Parts 4 and 5. If the Tribunal had already started looking at it, they will keep going as if the new Act was not passed. When they make a decision, section 152 will apply to their decision. But if the High Court sent it back to the Tribunal, section 47 will apply instead, and the Act's rules will be followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314435.

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152: Decisions under Indecent Publications Act 1963, or

"Decisions about naughty books and recordings under an old law"

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Part 10Transitional provisions
Indecent Publications Act 1963

153Proceedings pending or in train before Indecent Publications Tribunal

  1. Subject to section 155, this section applies where, before the commencement of this section,—

  2. a book or sound recording has been submitted to the Tribunal under section 14 or section 20 of the Indecent Publications Act 1963; or
    1. under section 19A of that Act, the High Court has referred a matter back to the Tribunal for reconsideration,—
        1. and those proceedings are pending before the Tribunal at the commencement of this section.

      1. Where this section applies, and the proceedings have not commenced, the following provisions shall apply:

      2. the Tribunal shall refer the matter to the Classification Office:
        1. 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, and the provisions of this Act (including Parts 4 and 5) shall apply accordingly with all necessary modifications.

          1. Where this section applies, and the proceedings have commenced, the following provisions shall apply:

          2. the proceedings shall continue as if this Act had not been passed:
            1. section 152 shall apply in respect of the decision of the Tribunal as if it were a decision to which that section applied:
              1. 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 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.