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

CATCHWORDS STATUTES - Interpretation - interrelationship of the Film and Computer Game Classification Act 1984 (NSW) and the Customs (Cinematograph Films) Regulations (Cth) - whether Commonwealth censor while exercising powers under the State Act was obliged to grant an exemption to a film under s 38 (2) of the State Act because of the operation of provisions of the Commonwealth Regulations. Film and Computer Game Classification Act 1984 (NSW) ss 3, 4, 9 and 38.

Customs (Cinematograph Films) Regulations (Cth) regs 13, 29, 31, 32 and 39D. QUEER SCREEN LIMITED v THE CHIEF CENSOR No NG 114 of 1995 Lindgren J 24 February 1995 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 114 of 1995 GENERAL DIVISION ) BETWEEN: QUEER SCREEN LIMITED Applicant

AND: THE CHIEF CENSOR Respondent CORAM: Lindgren J PLACE: Sydney DATE: 24 February 1995 MINUTE OF ORDERS THE COURT: 1. ORDERS that the application be dismissed. 2. ORDERS that the applicant pay the respondent's costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 114 of 1995 GENERAL DIVISION ) BETWEEN: QUEER SCREEN LIMITED Applicant

AND: THE CHIEF CENSOR Respondent CORAM: Lindgren J PLACE: Sydney DATE: 24 February 1995 REASONS FOR JUDGMENT

INTRODUCTION: The applicant is a company limited by guarantee and is a community-based non-profit organisation set up for the purpose of organising and presenting an annual "gay and lesbian film festival" in Sydney. The film festival for 1995 ("the Festival") had commenced on 16 February 1995 and was scheduled to end on 26 February 1995 when the present application came before me as Duty Judge late on Thursday afternoon, 23 February. The applicant had intended to screen a film entitled "Tras El Cristal" (In a Glass Cage") ("the Film") on that very evening at 9.30 pm and on Sunday 26 February at 5.30 pm as part of the Festival. The applicant sought relief which, if granted, would make it possible for it to screen the Film as part of the Festival without contravening certain statutory provisions referred to below. On Friday 24 February, I dismissed the application, gave a summary of my reasons for doing so and said that I would publish my Reasons in full form subsequently. These are those Reasons.