Films, Videos, and Publications Classification Act 1993

41 Decisions to be conclusive evidence

(1)

Subject to subsection (2) and to sections 42, 47, and 58, a subsisting decision of the Classification Office or of the Board in respect of any publication is conclusive evidence in any proceedings that the publication—

(a)

is not objectionable; or

(b)

is objectionable; or

(c)

is objectionable except in any 1 or more of the following circumstances, as specified in the decision:

(i)

if the availability of the publication is restricted to persons who have attained a specified age:

(ii)

if the availability of the publication is restricted to specified persons or classes of persons:

(iii)

if the publication is used for 1 or more specified purposes.

(2)

Where any person is charged with an offence against this Act or any other enactment, nothing in subsection (1) shall prevent that person from challenging any decision of the Classification Office or the Board in respect of any publication if not less than 1 year has elapsed since that decision was entered in the register in accordance with section 39.

(3)

Where subsection (2) applies in respect of any decision of the Classification Office or the Board, the court shall, at the request of the person so charged, refer the decision to the Classification Office for reconsideration, or to the Board where the decision to be reconsidered is a decision of the Board.

Compare: 1963 No 22 s 18(1), (2); 1987 No 85 s 29

Section 41(2): amended, on 1 October 2012, by section 11 of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).