Adultshop.Com Ltd v Members of the Classification Review Board [2007] FCA 1871

FEDERAL COURT OF AUSTRALIA

Adultshop.Com Ltd v Members of the Classification Review Board

[2007] FCA 1871 ADMINISTRATIVE LAW – application for review of Classification Review Board's decision to classify sexually explicit film as X18+ – Guidelines not ultra vires the uniform legislative scheme – no failure to have regard to the merits of the application – no wrongful rejection of applicant's expert evidence – "no evidence" ground not made out STATUTES – test of "likely to cause offence to a reasonable adult" not mechanistic or simply majoritarian – decision-maker required to consider views of diverse Australian community CENSORSHIP – co-operative legislative scheme for classification of films and other subject matter

Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Classification (Publications, Films and Computer Games) Act 1995 (Cth), ss 3, 5, 6, 7, 9, 10, 11, 12, 14, 20, 29, 42, 44, 45, 72, 74 Guidelines for the Classification of Films and Computer Games 2005 Australian Broadcasting Authority v Project Blue Sky (1998) 194 CLR 355 applied Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 applied Brown v Classification Review Board (1997) 145 ALR 464 referred to Brown v Classification Review Board (1998) 82 FCR 225referred to Buck v Bavone (1976) 135 CLR 110 referred to CIC Insurance Limited v Bankstown Football Club Limited (1995) 187 CLR 384 cited Director of Public Prosecutions v Collins [2006] 4 All ER 602 discussed Elias v Commissioner of Taxation 123 FCR 499cited Hutchins v The State of Western Australia [2006] WASCA 258considered IW v City of Perth (1997) 191 CLR 1 referred to Khan v Minister for Immigration, Local Government and Ethnic Affairs (1987) 14 ALD 291 referred to Le v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 51 cited Minister for Immigration and Multicultural Affairs v Rajamanikkam (2002) 210 CLR 222 applied NEAT Domestic Trading Pty Limited v AWB Limited (2003) 216 CLR 277 cited New South Wales v Fahy [2007] HCA 20; (2007) 81 ALJR 1021 discussed New South Wales Council for Civil Liberties Inc v Classification Review Board (No. 2) [2007] FCA 896 cited Newcastle City Council v GIO General Limited (1997) 191 CLR 85 referred to Oreb v Willcock [2004] FCA 1520 cited Re Drake and Minister for Immigration and Ethnic Affairs (No. 2) (1979) 2 ALD 364cited Tillmanns Butcheries Pty Limited v Australasian Meat Industry Employees' Union (1979) 27 ALR 367referred to Victims Compensation Fund v Brown (2002) 54 NSWLR 668referred to Victims Compensation Fund Corporation v Brown (2003) 201 ALR 260 applied Wurramura v Haymon (1987) 44 NTR 1discussed Australian Law Reform Commission Report No. 55, Censorship Procedure ADULTSHOP.COM LIMITED (ACN 009 147 924) v MEMBERS OF THE CLASSIFICATION REVIEW BOARD AND ATTORNEY-GENERAL (COMMONWEALTH) NSD 136 of 2007