Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Adultshop.Com Ltd v Members of the Classification Review Board [2008] FCAFC 79
MEDIA AND COMMUNICATIONS – censorship – uniform classification scheme – films – Classification Board – statute prescribing matters to be taken into account in classification – Classification Code containing criteria for classification – Guidelines to assist Board in application of Code criteria – whether Guidelines inconsistent with statute – expert evidence – relevance to classification process
Classification (Publications, Films and Computer Games) Act 1995 (Cth), ss 6, 9, 12 Guidelines for the Classification of Films and Computer Games 2005 R v Hunt; Ex parte Sean Investments Pty Ltd (1979) 25 ALR 497 cited Davis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 686 cited ADULTSHOP.COM LIMITED (ACN 009 147 924) v MEMBERS OF THE CLASSIFICATION REVIEW BOARD and MINISTER FOR HOME AFFAIRS
WAD 250 of 2007
SUNDBERG, EMMETT AND SIOPIS JJ
21 MAY 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 250 of 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ADULTSHOP.COM LIMITED (ACN 009 147 924)
Appellant
AND: MEMBERS OF THE CLASSIFICATION REVIEW BOARD
First Respondent
MINISTER FOR HOME AFFAIRS
Second Respondent
JUDGES: SUNDBERG, EMMETT AND SIOPIS JJ
DATE OF ORDER: 21 MAY 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondents' costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 250 of 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ADULTSHOP.COM LIMITED (ACN 009 147 924)
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