Films, Videos, and Publications Classification Act 1993 No 94 (as at 01 October 2008), Public Act

47 Right of review
  • (1) Any of the persons specified in subsection (2) of this section 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) of this section:

    • (a) Where the publication has been submitted to the Classification Office pursuant to section 13 or section 42 of this Act, 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 of this Act, 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) of this Act, 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, in accordance with section 40(3), first made open to inspection by the public in a list produced in accordance with section 40(1).

    (4) For the purposes of this section, a decision of the Classification Office under section 27 of this Act 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

    Subsection (3) was substituted, as from 22 February 2005, by section 17(1) Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2). See section 17(2) of that Act as to this amendment applying only in respect of a decision of the Classification Office made as from 22 February 2005.

    Subsection (3A) was inserted, as from 22 February 2005, by section 17(1) Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2). See section 17(2) of that Act as to this amendment applying only in respect of a decision of the Classification Office made as from 22 February 2005.