Commonwealth Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 42

The persons who may apply for review

             (1)  Any of the following persons may apply to the Review Board for a review of a decision:

                     (a)  the Minister;

                     (b)  the applicant for classification of the publication, film or computer game concerned or the applicant for approval of the advertisement concerned;

                     (c)  the publisher of the film, publication or computer game concerned;

                     (d)  a person aggrieved by the decision.

             (2)  If a participating Minister asks the Minister, in writing, to apply for a review of a decision, the Minister must do so.

             (3)  Without limiting paragraph (1)(d), if the decision referred to in that paragraph is a restricted decision, the following persons or bodies are taken to be persons aggrieved by the decision:

                     (a)  a person who has engaged in a series of activities relating to, or research into, the contentious aspects of the theme or subject matter of the publication, film or computer game concerned;

                     (b)  an organisation or association, whether incorporated or not, whose objects or purposes include, and whose activities relate to, the contentious aspects of that theme or subject matter.

             (4)  However, a person or body is not aggrieved by a restricted decision because of subsection (3) if the decision was made before:

                     (a)  the person engaged in a series of activities relating to, or research into, the contentious aspects of the theme or subject matter of the publication, film or computer game concerned; or

                     (b)  the organisation or association was formed, or its objects or purposes included and its activities related to, the contentious aspects of that theme or subject matter.

             (5)  In this section:

"restricted decision" means a decision of the Board:

                     (a)  to classify a publication Category 1 restricted, Category 2 restricted or RC; or

                     (b)  to classify a film MA 15+, R 18+, X 18+ or RC; or

                     (c)  to classify a computer game MA 15+ or RC.



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