Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

On application under section 54C, the commissioner must—

grant a licence; or

refuse to grant a licence.

The commissioner may impose conditions on the grant of a licence.

The conditions that the commissioner may impose are conditions that the commissioner believes, on reasonable grounds, are necessary in the public interest.

For the purposes of making a decision under subsection (1) or (2), the commissioner must have regard to the following:

if the applicant is an individual—whether he or she is an undischarged bankrupt;

if the applicant is a body corporate—whether it is being wound up;

whether the applicant has contravened this Act, the Publications Control Act 1989 or the Business Franchise (“X” Videos) Act 1990;

whether the applicant has been convicted of an offence punishable by a fine of at least 100 penalty units or imprisonment for at least 1 year;

whether the applicant has infringed copyright within the meaning of the Copyright Act 1968 (Cwlth), part 4 in relation to a cinematograph film within the meaning of that Act.

In subsection (4) (c) and (d), a reference to an applicant includes, if the applicant is a body corporate, a reference to any influential person in relation to the body.

If the commissioner refuses to grant a licence, the commissioner must refund to the applicant an amount equal to any fee accompanying the application for the licence.