Australian Capital Territory Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 54E

    (1)     The registrar must, on application in accordance with section 54C —

        (a)     grant a licence to sell or copy, or to sell and copy, X 18+ films; or

        (b)     refuse to grant a licence to sell or copy, or to sell and copy, X 18+ films.

    (2)     The registrar may impose conditions on the grant of a licence.

    (3)     The conditions that the registrar may impose are conditions that the registrar believes, on reasonable grounds, are necessary in the public interest.

    (4)     For the purposes of making a decision under subsection (1) or (2), the registrar must have regard to the following:

        (a)     if the applicant is an individual—whether he or she is an undischarged bankrupt;

        (b)     if the applicant is a body corporate—whether it is being wound up;

        (c)     whether the applicant has contravened this Act, the Publications Control Act 1989 or the Business Franchise (“X” Videos) Act 1990 ;

        (d)     whether the applicant has been convicted of an offence punishable by a fine of at least 100 penalty units or imprisonment for at least 1 year;

        (e)     whether the applicant has infringed copyright within the meaning of the Copyright Act 1968 (Cwlth), part 4 in relation to a cinematograph film within the meaning of that Act.

    (5)     In subsection (4) (c) and (d), a reference to an "applicant" includes, if the applicant is a body corporate, a reference to any influential person in relation to the body.

    (6)     If the registrar refuses to grant a licence, the registrar must refund to the applicant an amount equal to any fee accompanying the application for the licence.