Registrar - Restricted Publications

As per the Classification Enforcement Act 1996 (WA) any person who is carrying on or intends to carry on the business of publishing publications may apply to the Registrar – Restricted Publications.

As per the Classification (Publications, Films and Computer Games) Enforcement Act 1996 (WA) any person who is carrying on or intends to carry on the business of publishing publications may apply to the Registrar – Restricted Publications to be registered for the purpose of selling publications classified Category 1 restricted or Category 2 restricted, or both.

The following outlines the main impact of the Classification (Publications, Films and Computer Games) Enforcement Act 1996 (WA) on the sale of publications in Western Australia. This information is intended as a guide only and people with specific concerns should consult the Act or a legal practitioner.

Classification of publications

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Not all publications require classification, only submittable publications. A submittable publication is a publication that is likely to be refused classification or is likely to be restricted to adults because it contains depictions or descriptions likely to cause offence to a reasonable adult or is unsuitable for a minor to see or read. Publications include magazines, newspapers and periodicals, calendars, books and cards.

Publications are classified by the Classification Branch of the Australian Government Department of Infrastructure, Transport, Regional Development and Communications in Sydney.  Generally, it is the publisher or distributor who submits publications for classification, prior to distribution. Therefore publications should have been classified by the time they reach the retailer. For further details please visit the Classification Operations Branch’s website at www.classification.gov.au under “Industry Resources”.

Classifications

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Unrestricted

Unrestricted publications will carry the determined markings if they have been classified. Generally these publications do not need to be in a wrapper, however the Classification Operations Branch may impose conditions.

Category 1 Restricted

As per the Publications can only be sold from registered premises and may only be sold to adults and must only be displayed, sold or supplied in opaque wrappers. Both publication and wrapper must bear the determined markings.

Category 2 Restricted

Publications can only be sold from registered premises and may only be sold to adults and must only be sold or supplied in opaque wrappers. Both publication and wrapper must bear the determined markings. A Category 2 restricted publication must not be displayed so that it is visible from outside the registered premises or by a minor inside the premises.

RC Refused

Possession or sale of RC publications is an offence in WA.

Registrations

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New registrations

A revised application form for new applications is currently under development and will soon be made available on this page. To enquire about making an application for a new registration to sell or distribute restricted publications, email restricted.publications@justice.wa.gov.au. You will be provided with instructions on how to make an application and pay the registration fee.

Renewal of registration

Renewal applications for registration to sell or distribute restricted publications can be made electronically through the eCourts Portal.

If you have not used the portal before, you will need to register a new account.  During the registration process you will need to enter your Person/Organisation ID to have your Registration matter(s) linked to your account.

If you do not know your Person/Organisation ID,  please request it by emailing restricted.publications@justice.wa.gov.au

Change of ownership of business

A Certificate of Registration issued, under the provisions of the Classification (Publications, Films and Computer Games) Enforcement Act 1996, to the previous owner for the sale of restricted publications is not transferable.

New owners of the business are required to apply for a new registration.

Page reviewed 23 July 2020