South Australian Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 23B

23B—Revocation of classification of films containing additional content

        (1)         If—

            (a)         the Council or the Minister has classified a film taking into account an assessment prepared by an additional content assessor under section 21A; and

            (b)         the Council or the Minister (as the case may require) is satisfied that—

                  (i)         the additional content contains any classifiable elements that—

                        (A)         were not brought to the Council's or the Minister's attention in accordance with section 21A(2)(a), (b) or (c) before the classification was made; or

                        (B)         were brought to the Council's or the Minister's attention in accordance with section 21A(2)(a), (b) or (c) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate; and

                  (ii)         if the Council or the Minister had been aware of the relevant matters mentioned in subparagraph (i) before the classification was made, the Council or the Minister (as the case may be) would have given the film a different classification,

the Council or the Minister (as the case may require) must revoke the classification.

        (2)         The regulations may prescribe circumstances in which an assessment of classifiable elements is misleading, incorrect or grossly inadequate for the purposes of subsection (1)(b)(i)(B).

        (3)         To avoid doubt, the regulations are not to be taken to limit the circumstances in which an assessment is misleading, incorrect or grossly inadequate.