South Australian Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 26

26—Approval of advertisements

        (1)         The Council may approve or refuse to approve an advertisement for a publication, film or computer game either on an application for approval or on its own initiative.

        (2)         An approval of an advertisement may be subject to conditions.

        (3)         An application for approval of an advertisement must be—

            (a)         in writing; and

            (b)         made in writing in a form approved by the Council; and

            (c)         signed by or on behalf of the applicant; and

            (d)         accompanied by the prescribed fee.

        (4)         The matters to be taken into account in deciding whether to approve an advertisement for a publication, film or computer game are the same as those to be taken into account when deciding the classification of publications, films or computer games respectively.

        (5)         The Council must refuse to approve an advertisement if, in the opinion of the Council, the advertisement—

            (a)         describes, depicts or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be approved; or

            (b)         describes or depicts, in a way that is likely to cause offence to a reasonable adult, a person who is, or who looks like, a child under 16 (whether the person is engaged in sexual activity or not); or

            (c)         promotes crime or violence, or incites or instructs in matters of crime or violence; or

            (d)         is used, or is likely to be used, in a way that is offensive to a reasonable adult.

        (6)         The Council must refuse to approve an advertisement for a publication, film or computer game if the publication, film or game has been classified RC.

        (7)         A decision to approve or refuse to approve an advertisement for a publication, film or computer game under this section has effect to the exclusion of any decision to approve or refuse to approve the same advertisement under the Commonwealth Act.

        (8)         A decision of the Council to approve or refuse to approve an advertisement under this section takes effect on a date specified by the Council.