Barring notice to accredited person
22Q Barring notice to accredited person
The Secretary of the Department may give a written notice to a person if the Secretary is satisfied that one or more of the conditions mentioned in subsection (2) apply to the person.
The conditions are as follows:
the Secretary has revoked the person’s accreditation under section 22P more than once;
the Board has revoked 2 or more classifications by the person of films or computer games in the person’s most recent 3 accreditation periods and at least 2 of those classifications were revoked on the grounds that:
had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification that is 2 or more levels higher or lower; or
had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification of RC or X 18+; or
the consumer advice was grossly misleading, grossly incorrect or grossly inadequate;
the Board has revoked a classification by the person of a film or computer game on the grounds that had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification of RC or X 18+;
the person has purported to classify a film or computer game as RC or X 18+;
the Secretary is of the opinion that the person knowingly made a declaration under subsection 22M(2) that is false or misleading in a material particular;
the person meets any other condition prescribed by the regulations.
If the Secretary gives a notice to a person under this section, the person cannot be accredited while the notice remains in force: see paragraph 22M(3)(d).
The regulations may prescribe circumstances in which consumer advice is taken to be grossly misleading, grossly incorrect or grossly inadequate: see subsection 93(2).
The notice takes effect from the date specified in the notice and continues in force for the period specified in the notice. The period must not exceed 5 years.
This provision refers to the regulations (prescribed by the regulations
, The regulations may prescribe
). Made under this Act:
- Classification (Approved Classification Tools) (Application for Revocation of Classification) Determination 2015 · Legislative Instrument · under s 22CH(8)
- Guidelines for the Classification of Computer Games 2023 · Legislative Instrument · under s 12(1)
- Guidelines for the Classification of Publications 2005 · Legislative Instrument · under s 12
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