Films, Videos, and Publications Classification Act 1993

Part 4 Review of classification decisions

Applications for review

47 Right of review

(1)

Any of the persons specified in subsection (2) who are dissatisfied with any decision of the Classification Office with respect to the classification of any publication shall be entitled, on application, to have the publication reviewed by the Board.

(2)

The following persons may seek a review under subsection (1):

(a)

where the publication has been submitted to the Classification Office pursuant to section 13 or section 42, the person who submitted that publication:

(b)

where the publication has been submitted to the Classification Office by the labelling body pursuant to section 12, the labelling body:

(c)

where the publication has been referred to the Classification Office by a court pursuant to section 29(1) or section 41(3), any party to the proceeding in respect of which that referral was made:

(d)

in all cases, the owner, maker, publisher, or authorised distributor of the publication:

(e)

with the leave of the Secretary, any other person.

(3)

Every application for the leave of the Secretary under subsection (2)(e) must—

(a)

be made in the prescribed manner; and

(b)

be lodged with the Secretary before the deadline specified in subsection (3A).

(3A)

The deadline referred to in subsection (3)(b) is the end of ordinary office hours on the 20th working day after the day on which the relevant decision of the Classification Office is entered in the register in accordance with section 39.

(4)

For the purposes of this section, a decision of the Classification Office under section 27 to impose any condition on the public display of any restricted publication, or any advertising poster or film poster relating to a restricted publication, or both, or a refusal or failure to impose any such condition, or any particular such condition, under that section, shall be deemed to be a decision with respect to the classification of that publication.

Compare: 1983 No 130 s 30; 1987 No 85 s 36

Section 47(3): substituted, on 22 February 2005, by section 17(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 47(3A): inserted, on 22 February 2005, by section 17(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 47(3A): amended, on 1 October 2012, by section 14 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).