No. 29/1992:

CENSORSHIP OF FILMS (AMENDMENT) ACT, 1992

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Appointment of Assistant Censors.

3. Amendment of section 11 of Act of 1923.

4. Amendment of section 10 of Act of 1989.

5. Repeal.

6. Short title, collective citation and commencement.

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ACTS REFERRED TO

Number 29 of 1992

No. 29/1992: CENSORSHIP OF FILMS (AMENDMENT) ACT, 1992

AN ACT TO ENABLE THE MINISTER FOR JUSTICE TO APPOINT PERSONS TO BE KNOWN AS ASSISTANT CENSORS TO ASSIST THE OFFICIAL CENSOR OF FILMS IN THE PERFORMANCE OF HIS FUNCTIONS AND TO AMEND THE CENSORSHIP OF FILMS ACTS, 1923 TO 1970, AND THE VIDEO RECORDINGS ACT, 1989 .

[21st December, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1923" means the Censorship of Films Act, 1923 ;

"the Act of 1989" means the Video Recordings Act, 1989 ;

"the Appeal Board" means the Censorship of Films Appeal Board established by the Act of 1923;

"functions" includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

"the Minister" means the Minister for Justice;

"the Official Censor" means the Official Censor of Films appointed under the Act of 1923 and includes a person appointed under section 2 (3) of that Act.

2.—(1) ( a ) The Minister may as occasion requires appoint such, and such number of, persons (who shall be known as Assistant Censors) as he may determine to assist the Official Censor in the performance of his functions and for that purpose to perform, or to perform to such extent as the Official Censor may, subject to any directions that may be given to him by the Minister, determine, the functions (or such of them as the Official Censor may, subject as aforesaid, determine) of the Official Censor.

( b ) The references in paragraph (a) of this subsection to the functions of the Official Censor do not include references to his functions under section 2 of the Censorship of Films (Amendment) Act, 1970 , or section 4 (3), 7 (3) or 29 of the Act of 1989.

(2) An Assistant Censor shall perform his functions subject to the general superintendence of the Official Censor and shall consult with him from time to time in relation to such performance, and a function of the Official Censor performed pursuant to this Act by an Assistant Censor shall be deemed for the purposes of the Censorship of Films Acts, 1923 to 1992, and the Act of 1989 to have been performed by the Official Censor and those Acts shall be construed and have effect accordingly.

(3) If an Assistant Censor is appointed under section 2 (3) of the Act of 1923 to perform the duties of the Official Censor, he shall cease during the period of his appointment under that section to be an Assistant Censor.

(4) An Assistant Censor shall be paid, out of moneys provided by the Oireachtas, such remuneration and such (if any) allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

(5) An Assistant Censor shall hold office for such period and upon and subject to such terms and conditions as the Minister may determine.

3.—Section 11 of the Act of 1923 is hereby amended by the insertion of the following subsection after subsection (3):

"(4) Where, pursuant to section 8 (1) of this Act, the Appeal Board either reverses a decision of the Official Censor or varies such a decision by relaxing or removing a restriction or condition attached to a limited certificate, the fee paid in respect of the appeal pursuant to subsection (2) of this section shall be refunded to the appellant concerned.".

4.—Section 10 of the Act of 1989 is hereby amended by the insertion of the following subsection after subsection (6):

"(7) Where the Appeal Board revokes a prohibition order pursuant to subsection (1) of this section or directs that the video work concerned be given a higher classification pursuant to subsection (2) of this section, the fee paid in respect of the appeal pursuant to subsection (6) of this section shall be refunded to the appellant concerned.".

5.—Subsection (4) of section 12 of the Act of 1923 is hereby repealed.

6.—(1) This Act may be cited as the Censorship of Films (Amendment) Act, 1992 .

(2) The Censorship of Films Acts, 1923 to 1970, and this Act, in so far as it relates to those Acts, may be cited together as the Censorship of Films Acts, 1923 to 1992, and the Act of 1989 and this Act, in so far as it relates to that Act, may be cited together as the Video Recordings Acts, 1989 and 1992.

(3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.