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for the "censoring of films intended for public exhibition at a
in such manner and on such principles cinematograph display
as may be prescribed in the regulations."
5.
The Regulations provide for a comprehensive system whereby the Governor appoints a panel of censors who may approve any film (with or without alterations or deletions) or refuse to approve any film for exhibition. A Board, chaired by the Commissioner for Television and Entertainment Licensing ("CTEL"), is also established as an appellate tribunal to review decisions by the censors.
6.
Fees are charged for a film to be shown for censorship or on review by the Board. It is an offence, punishable by a fine of $10,000 and imprisonment for 6 months, for a person to screen publicly any film for which approval has not been granted.
7.
The present system has two primary deficiencies:
Problem 1 Classification
8.
At present the censors are empowered to indicate whether they consider a particular film to be unsuitable for children and may order the film to be advertised with that recommendation. Nevertheless, as presently there are no restrictions upon jweniles entering cinemas, all films must be censored and considered for approval on the basis that they will be viewed by the general public.
For this reason explicit
scenes, that probably could be retained in a film for exhibition only to adults, must be cut.
Problem 2 - Invalidity
9.
From a legal perspective the more important problem is
Since 1953 the film censorship
that the Regulations are invalid.
system has been operating without legal authority.
CONFIDENTIAL
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