Classification (Publications, Films and Computer Games) Act 1995

If:

an accredited person has classified a film or computer game; and

the Board is of the opinion that:

had the film or computer game been classified by the Board, the Board would have given the film or computer game a different classification; or

the consumer advice for the film or computer game is misleading, incorrect or grossly inadequate; or

the consumer advice for the film or computer game uses a consumer advice term that is not included in the list determined by the Board under section 12A that was in force at the time the consumer advice was determined;

The regulations may prescribe circumstances in which consumer advice is taken to be misleading, incorrect or grossly inadequate: see subsection 93(2).

The Board may revoke the classification:

on its own initiative; or

on request by the Minister or the Secretary of the Department; or

if an application in accordance with subsection (7) is made within 3 months after the day the classification takes effect or within such longer period specified in a determination under subsection (8)—on application.

For when the classification takes effect, see subsection 22K(2).

However, before the Board revokes the classification, the Director must give a notice in writing to the accredited person that:

states the grounds on which the Board is considering revoking the classification; and

invites the accredited person to make, within 7 days after receiving the notice, a submission to the Board as to why the Board should not revoke the classification.

If, after considering any submission received within that period, the Board decides to revoke the classification, the Board must classify the film or computer game.

The classification by the Board takes effect when it is included in either:

the register, known as the National Classification Database, maintained by the Department; or

any replacement register.

The revocation of the classification takes effect immediately before the classification by the Board takes effect.

For the purposes of paragraph (2)(c) an application must:

be in a form approved, in writing, by the Director; and

if a class of persons is specified in a determination under subsection (8)—be made by a person included in that class; and

be accompanied by the prescribed fee (if any).

The Secretary of the Department may, by legislative instrument, determine either or both of the following:

a specified period for the purposes of paragraph (2)(c);

a specified class of persons for the purposes of paragraph (7)(b).