Queer Screen Ltd v The Chief Censor [1995] FCA 93

Queer Screen Ltd v The Chief Censor [1995] FCA 93

The Chief Censor's mandatory grant of permission to import the Film under Part III of the Commonwealth Regulations did not require him, when acting as State censor, to exempt the Film from the Film and Computer Game Classification Act 1984 (NSW). The Commonwealth regime concerned importation and, for approved...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 February 1995
Procedural Posture
Judicial Review Application / Final Determination of Application Before Duty Judge
Outcome
Application dismissed with costs.
Legal Topics
['interrelationship Between State Film Classification Legislation and Commonwealth Cinematograph Films Regulations' 'exemption of Unclassified Film From State Act' 'permission to Import Film for Approved Organisation and Approved Event' 'relevant Considerations and Reasonableness in Exercise of Statutory Discretion']
['administrative Law' 'statutory Interpretation' 'film Classification and Censorship' 'customs and Importation'] ['interrelationship Between State Film Classification Legislation and Commonwealth Cinematograph Films Regulations' 'exemption of Unclassified Film From State Act' 'permission to Import Film for Approved Organisation and Approved Event' 'relevant Considerations and Reasonableness in Exercise of Statutory Discretion']

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Procedural Posture

Judicial Review Application / Final Determination of Application Before Duty Judge

Legal Issues

  1. 1 ['Whether the respondent, when exercising powers as State censor under s 38(2) of the Film and Computer Game Classification Act 1984 (NSW), was obliged to exempt the Film from the State Act because permission to import it had to be granted under Part III of the Customs (Cinematograph Films) Regulations (Cth).' 'Whether the respondent took irrelevant considerations into account by considering the Film, s 9 of the State Act, the decisions of the Board and Review Board, and submissions about artistic merit.' "Whether the respondent's refusal to grant an exemption under s 38(2) of the State Act was unreasonable."]

Ratio Decidendi

The Chief Censor's mandatory grant of permission to import the Film under Part III of the Commonwealth Regulations did not require him, when acting as State censor, to exempt the Film from the Film and Computer Game Classification Act 1984 (NSW). The Commonwealth regime concerned importation and, for approved organisations and events, made the Chief Censor's role mechanical, while the State regime concerned exhibition and classification. The discretion under s 38(2) of the State Act had to be exercised by reference to the State Act, and the respondent was entitled to consider the Film, s 9 of the State Act, and the earlier Board and Review Board consideration. The refusal to exempt was...

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs."]