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

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

    (1)     The commissioner may cancel a licence if the commissioner has reasonable grounds for believing that—

        (a)     the licence was granted in error or in consequence of a false statement made, or misleading information given, by the applicant for the licence; or

        (b)     the licensee has contravened a condition of a licence; or

        (c)     the licensee has contravened this Act, the Publications Control Act 1989

or the Business Franchise (“X” Videos) Act 1990

; or

        (d)     the licensee has been convicted of an offence—

              (i)     against this Act; or

              (ii)     that is punishable by a fine of at least 100 penalty units or imprisonment for at least 1 year; or

        (e)     if the licensee is an individual—licensee is an undischarged bankrupt; or

        (f)     if the licensee is a body corporate—it is being wound up; or

        (g)     the licensee 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.

    (2)     In subsection (1) (c), (d) and (g), a reference to a "licensee" includes, if the licensee is a body corporate, a reference to any defined influential person in relation to the body.

    (3)     The commissioner must, before cancelling a licence, by written notice served on the licensee, invite the licensee to show cause why the licence should not be cancelled.

    (4)     A notice must contain—

        (a)     particulars of the facts and circumstances relied on by the commissioner to establish that a ground for cancellation exists; and

        (b)     a statement to the effect that the licensee may, within the period that is specified in the notice (of not less than 14 days after the date the notice is given), give to the commissioner written particulars of the facts and circumstances relied on by the licensee to show that the licence should not be cancelled.

    (5)     After the end of the period specified in a notice under subsection (3), the commissioner may cancel the licence for the reasons mentioned in the notice.

    (6)     In making a decision under subsection (5), the commissioner must have regard to any explanation provided in accordance with subsection (3) about why the licence should not be cancelled.

    (7)     Cancellation of a licence takes effect at the end of the day when notice of the cancellation is given to the licensee under section 54R.

    (8)     The commissioner must cancel a licensee's licence on the written request of the licensee.