Australian Capital Territory Consolidated Acts

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

    (1)     The registrar must destroy a seized film if, following the issue of a notice under section 54Z (2)—

        (a)     the person from whom the film was seized does not satisfy the registrar, on reasonable grounds in accordance with the invitation in the notice, that the film is classified X 18+, R 18+, MA 15+, M, PG or G; and

        (b)     either—

              (i)     a proceeding in relation to a defined offence has not been started at the end of the defined period after the date of seizure; or

              (ii)     if such a proceeding has been started within that period—the proceeding has been decided (whether before or after the end of that period) and no offence has been found proved in relation to the film.

    (2)     The registrar must destroy a seized film if—

        (a)     the person from whom the film was seized is a licensee; and

        (b)     the licence is cancelled on the ground mentioned in section 54N (1) (c) in relation to the film.

    (3)     The registrar must destroy a seized film if a defined offence in relation to the film is proved.

    (4)     Despite subsections (1), (2) and (3), the registrar may retain a seized film for the purposes of the administration of this Act for the period as the registrar considers, on reasonable grounds, to be necessary or desirable for those purposes.