Queensland Consolidated Acts Queensland Consolidated Acts(1) The publications classification officer must approve a distributor if--
(a) the distributor undertakes to comply with all relevant codes of conduct; and
(b) the publications classification officer is satisfied that the distributor is a genuine distributor, is a fit and proper person and is capable of complying with the codes.
(2) The publications classification officer must publish particulars of an approval under subsection (1) by gazette notice and any other prescribed means of publication.
(3) If the publications classification officer refuses to approve a person as distributor, the publications classification officer must give written notice of the refusal to the person within 14 days of the refusal and must state in the notice the reasons for the refusal.
(4) The approval of an approved distributor may be revoked by written notice given to the distributor if the publications classification officer is satisfied that the distributor--
(a) is not complying, or is not able to comply, with all relevant codes of conduct; or
(b) has ceased to be a distributor; or
(c) has ceased to be a fit and proper person.
(5) The publications classification officer must publish particulars of a revocation of approval under subsection (4) by gazette notice and any other prescribed means of publication.
(6) A person to whom notice is given under subsection (3) or (4) may, within 28 days after receipt of the notice, appeal to the magistrates Court exercising jurisdiction at or nearest to the place where the person carries on, or proposes to carry on, business as a distributor.
(7) The appeal must be instituted by--
(a) lodging written notice of appeal with the clerk of the relevant Magistrates Court; and
(b) serving a copy of the notice on the publications classification officer.
(8) The notice of appeal must specify the grounds of appeal and the facts relied on.
(9) Rules of court made under the Magistrates Courts Act 1921 apply, with all necessary modifications, with respect to the institution, conduct and determination of the appeal.
(10) The publications classification officer is a party to the appeal.
(11) If--
(a) the publications classification officer has revoked the approval of a distributor; and
(b) the distributor has appealed under this section to a Magistrates Court;
a magistrate may, on application made by the distributor, suspend the revocation for such period as the magistrate determines.
(12) A suspension of revocation lapses on the withdrawal or final determination of the appeal.