CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) REGULATIONS 2005 - REG 21 Period within which the Review Board is to make a decision (Act s 87B)

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) REGULATIONS 2005 - REG 21

  (1)   For subsection   87B(1) of the Act, the period is:

  (a)   if the Convenor considers the application to be sufficiently complex that it is not likely to be completed within 20   business days--40 business days; or

  (b)   in any other case--20 business days.

  (2)   Without limiting subregulation (1), the Convenor may be satisfied that an application is complex if:

  (a)   the application deals with a computer game; or

  (b)   the publication, film, computer game or advertisement under review has the potential to promote, incite or instruct in a matter of crime or violence; or

  (c)   the original application was an enforcement application made under section   22A of the Act; or

  (d)   the Review Board is considering at least 2 applications covering similar subject matter at the same time; or

  (e)   the Convenor agrees to accept submissions from a person other than the applicant for review or the applicant for the original application; or

  (f)   at least 2 applicants apply for a review of the same publication, film, computer game or advertisement.

  (3)   On written application by the applicant for review and the applicant for the original application, the Review Board may extend the time mentioned in paragraph   (1)(b) up to 40   business days.

  (4)   For subsection   87B(1) of the Act, the period runs from the start of the first business day after the Review Board:

  (a)   decides that an application for review satisfies the requirements of Part   5 of the Act; and

  (b)   receives a copy of the publication, film, computer game or advertisement for the purpose of review.

  (5)   The period does not include any period:

  (a)   commencing on a day when the Review Board:

  (i)   receives a written request mentioned in subregulation   (3); or

  (ii)   requests expert, technical or other advice or information; and

  (b)   ending at the start of the business day:

  (i)   after the Review Board makes a decision under subregulation   (3); or

  (ii)   after the Review Board receives a complete response to the request.