Films, Videos, and Publications Classification Act 1993

Part 5 Appeals

Appeal to High Court

58 Appeal against decision of Board on question of law

(1)

Where the Board makes any decision in respect of any publication referred to it under section 41(3), or submitted to it under section 47, any of the persons specified in subsection (2) who are dissatisfied with that decision as being erroneous in point of law may appeal to the High Court on that question of law.

(2)

The following persons may appeal under subsection (1):

(a)

the person who sought the review, by the Board, of the publication in respect of which the decision was made:

(b)

where the decision was made in respect of any publication referred to the Board under section 41(3), any party to the proceeding in respect of which that referral was made:

(c)

where the review by the Board was sought pursuant to paragraph (c) of section 47(2), any party to the proceeding referred to in that paragraph:

(d)

the owner, maker, publisher, or authorised distributor of the publication in respect of which the decision was made.

(3)

Subject to this Part, every appeal under this section shall be dealt with in accordance with rules of court.

Compare: 1983 No 130 s 37; 1987 No 85 s 41; 1990 No 58 s 8(2)(b); 1991 No 60 s 3(4)

Section 58(1): amended, on 1 October 2012, by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 58(2)(a): amended, on 1 October 2012, by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 58(2)(b): amended, on 1 October 2012, by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).

Section 58(2)(d): amended, on 1 October 2012, by section 17 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).