Obtaining copies for review
44A Obtaining copies for review
If:
an application is made for a review of a classification decision by a person who is not the original applicant for classification of the publication, film or computer game concerned; and
the Board or the Review Board does not have a copy of the publication, film or game and a copy is not available to it; and
the original applicant or the publisher of the publication, film or game, resides in the Australian Capital Territory or has an office in the Australian Capital Territory;
the Convenor may, by notice in writing given to the original applicant or publisher, require the original applicant or publisher to make a copy of the publication, film or game available for the purpose of the review.
A person to whom a notice under this section is given must, within 5 business days after receiving the notice, comply with the notice.
Penalty: 20 penalty units.
An offence against subsection (2) is a strict liability offence.
It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that he or she did not have a copy of the publication, film or game.
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