Queensland Consolidated Acts

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CLASSIFICATION OF PUBLICATIONS ACT 1991 - SECT 37

37 Exemptions

(1) The publications classification officer may, in writing, on the written application of a person or body, exempt the person or body from this Act, or specified provisions of this Act, in relation to specified publications or child abuse photographs, subject to specified conditions (if any).

(2) An exemption may only be given for publications or photographs that are--

(a) of a medical, educational or scientific character; or
(b) intended to be used by the person or body for a medical, educational or scientific purpose.

(3) For so long as an exemption under subsection (1) remains in force and all conditions (if any) specified in it are complied with--

(a) this Act, or the provisions of this Act specified in the exemption, do not apply to the person or body, and the publications or photographs, in relation to which the exemption was given; and
(b) the publications or photographs are not indecent or obscene publications or photographs for the purposes of the Criminal Code.

(4) The publications classification officer may revoke an exemption given under subsection (1) if the person or body to whom it is given fails to comply with a condition to which the exemption is subject.

(5) If an application made by a person or body under subsection (1) is not accepted (in whole or part) or an exemption is revoked under subsection (4)--

(a) the publications classification officer must notify the person or body in writing of the decision and of the reasons for the decision; and
(b) the person or body may, within 28 days after being notified of the decision, appeal to the appeal body against the decision.

(6) The appeal must be instituted by giving written notice of appeal to the publications classification officer.

(7) The notice of an appeal must specify fully the grounds of appeal and the facts relied on.

(8) The publications classification officer must refer the appeal to the appeal body.

(9) The appeal body must--

(a) affirm the decision appealed against; or
(b) vary the decision appealed against; or
(c) set the decision appealed against aside and make a decision in substitution for the decision set aside.

(10) For the purposes of the appeal, the appeal body may exercise all the powers and discretions conferred on the publications classification officer.



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