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Films, Videos, and Publications Classification Act 1993

Regulations

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for Changing Video Labels"

Illustration for Films, Videos, and Publications Classification Act 1993

You need to know about the rules for classifying videos on demand. If a video was classified before 10 August 2020, it does not need a new label. The label it had before is still okay. You should look at what the law says about section 46C to understand the rules. The Chief Censor can still ask for a label if they think it is needed. There are also rules about when the labelling requirements start. You can find these rules in clauses 3 and 4. The labelling requirements start when section 46C comes into force.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS408247.

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Schedule 1: Provisions applying in respect of Classification Office, or

"Rules for the Classification Office staff and bosses"

1AATransitional, savings, and related provisions Empowered by s 4A

1Provisions relating to Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020

1Content classified under broadcasting code before 10 August 2020

  1. If, before 10 August 2020, a specified CVoD provider classified commercial video on-demand content in accordance with a code of broadcasting practice issued or approved by the Broadcasting Standards Authority under section 21(1) of the Broadcasting Act 1989, the specified CVoD provider is not required to issue a label for that content under section 46C(1).

  2. If subclause (1) applies, section 46C(2) applies as if the classification referred to in subclause (1), and any associated advisory or warning material, were a label issued under this Act.

  3. Nothing in this clause affects the obligations of any other specified CVoD provider in relation to labelling the same content.

Notes
  • Schedule 1AA clause 1: inserted, on , by section 9 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

2Time when labelling requirements commence

  1. For the purposes of clauses 3 and 4, the labelling requirements commence when section 46C (as inserted by section 7 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020) comes into force.

Notes
  • Schedule 1AA clause 2: inserted, on , by section 9 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

3Other commercial video on-demand content made available before labelling requirements commence

  1. This clause applies to commercial video on-demand content made available in New Zealand by a specified CVoD provider before the labelling requirements commence without—

  2. a label issued under this Act; or
    1. a classification determined in accordance with a code of broadcasting practice issued or approved by the Broadcasting Standards Authority under section 21(1) of the Broadcasting Act 1989.

      1. The requirements in sections 6 and 46C to rate and label commercial video on-demand content do not apply to commercial video on-demand content referred to in subclause (1) until 6 months after the labelling requirements commence.

      2. However, despite subclause (2), the Chief Censor may require a specified CVoD provider to issue a label in respect of commercial video on-demand content referred to in subclause (1) before the date referred to in subclause (2).

      Notes
      • Schedule 1AA clause 3: inserted, on , by section 9 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).

      4Approval of providers’ self-rating systems before labelling requirements commence

      1. Before the labelling requirements commence,—

      2. a specified CVoD provider may apply to the Chief Censor for approval of a system to be used to rate and label the provider’s commercial video on-demand content; and
        1. the Chief Censor may approve the self-rating system for use by the provider if the Chief Censor is satisfied that use of the system will enable the provider to meet the requirements of section 46F (as inserted by section 7 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020) when that section commences.

          1. The Chief Censor may approve a self-rating system for use by a provider subject to any terms and conditions that the Chief Censor considers are necessary for the purposes of subclause (1)(b).

          2. If regulations have been made that prescribe the information that must be contained in an application for approval of a self-rating system under section 46G, or the fee that is payable when making an application, the application under subclause (1)(a) must contain the information and be accompanied by the fee.

          3. An approval given in accordance with this clause must be treated as an approval under section 46G (as inserted by section 7 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020) from the date on which that section comes into force.

          Notes
          • Schedule 1AA clause 4: inserted, on , by section 9 of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).