CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 54E Grant or refusal of licence

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

    (1)     On application under section 54C, the commissioner must—

        (a)     grant a licence; or

        (b)     refuse to grant a licence.

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

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

    (4)     For the purposes of making a decision under subsection (1) or (2), the commissioner 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 commissioner refuses to grant a licence, the commissioner must refund to the applicant an amount equal to any fee accompanying the application for the licence.