Films, Videos, and Publications Classification Act 1993

Transitional provisions - Dual censorship decisions

171: Dual censorship decisions

You could also call this:

"What happens when a film gets two different classifications?"

Illustration for Films, Videos, and Publications Classification Act 1993

When a film gets two different classifications, you need to know what happens. This can occur when the film is classified under the Films Act 1983 and the Video Recordings Act 1987. The film's classification is decided by the earlier date. If the two classifications are different, the film will get the more restrictive one. You will not break the law if you follow the less restrictive classification before the film's classification is reviewed. This is as long as you follow the rules for the less restrictive classification. If one classification says the film is restricted and the other says it is unrestricted, the film will be classified as restricted. Again, you will not break the law if you follow the rules for the unrestricted classification before the film's classification is reviewed. You must follow the rules for the unrestricted classification to avoid breaking the law. Some rules do not apply when a film's classification is deemed to be a decision of the Classification Office, according to section 41 and section 42. You should be aware of these rules when dealing with film classifications. The Classification Office makes these decisions to ensure films are classified correctly.

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170: Proceedings before High Court or Court of Appeal, or

"What happens in court cases about films in the High Court or Court of Appeal"

172: Vacation of office of existing office-holders, or

"Old jobs don't automatically continue under this new law"

Part 10Transitional provisions
Dual censorship decisions

171Dual censorship decisions

This section applies where, in respect of any film, the application of the provisions of this Part would result in that film receiving a classification under this Act both—
by virtue of a decision made in respect of that film under the Video Recordings Act 1987; and
by virtue of a decision made in respect of that film under the Films Act 1983.

Where—
this section applies; and
by virtue of those decisions under those enactments, the film would receive the same classification or different classifications; and
the decisions under those enactments were made on different dates,—

section 42

Where this section applies, and, by virtue of those decisions under those enactments, the film would receive different classifications, the following provisions shall apply:
if either decision would result in the film being deemed in accordance with this Part to have been classified by the Classification Office as objectionable, then,—
1. notwithstanding anything in this Part, the film shall be deemed (in accordance with the relevant provision of this Part) to have been so classified, and, subject to subparagraph (ii), the decision that would result in that film receiving a different classification (in this paragraph referred to as the other decision) shall be disregarded for the purposes of this Part; but
2. notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part (in this subparagraph referred to as the alternative classification) if the other decision had been the only decision determining the classification of that film in accordance with this Part, and that person otherwise complies with the requirements of this Act as they relate to the alternative classification:
if both decisions would result in the film being deemed in accordance with this Part to have been classified by the Classification Office as a restricted publication, then,—
1. notwithstanding anything in this Part, the film shall be deemed (in accordance with the relevant provision of this Part) to have been so classified, and to have the more restrictive of the 2 classifications, and, subject to subparagraph (ii), the decision that would result in that film receiving a less restrictive classification (in this paragraph referred to as the other decision) shall be disregarded for the purposes of this Part; but
2. notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part (in this subparagraph referred to as the alternative classification) if the other decision had been the only decision determining the classification of that film in accordance with this Part, and that person otherwise complies with the requirements of this Act as they relate to the alternative classification:
if one decision would result in the film being deemed in accordance with this Part to have been classified by the Classification Office as a restricted publication, and the other decision would result in the film being deemed to have been classified as unrestricted, then,—
1. notwithstanding anything in this Part, the film shall be deemed (in accordance with the relevant provision of this Part) to have been classified as a restricted publication, and, subject to subparagraph (ii), the decision that would result in that film receiving a different classification (in this paragraph referred to as the other decision) shall be disregarded for the purposes of this Part; but
2. notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part (in this subparagraph referred to as the alternative classification) if the other decision had been the only decision determining the classification of that film in accordance with this Part, and that person otherwise complies with the requirements of this Act as they relate to the alternative classification:
notwithstanding anything in this Part, for as long as the decision classifying that film is deemed in accordance with this Part to be a decision of the Classification Office, nothing in section 41 shall apply in respect of that decision (as so deemed).