CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SCHEDULE 1

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SCHEDULE 1

Schedule 1—Call-in powers

1—Calling in submittable publications for classification

        (1)         If—

            (a)         the National Director has reasonable grounds to believe that a publication is a submittable publication; and

            (b)         the publication is being published in South Australia, or the National Director has reasonable grounds to believe that it will be published in South Australia,

the National Director may, by notice in writing given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the National Board.

        (2)         The National Director must cause notice of a decision under subclause (1) to be published in the Commonwealth of Australia Gazette.

        (3)         A person to whom a notice under this clause is given must, within three business days after receiving the notice, comply with the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

        (4)         It is a defence to a prosecution for an offence against subclause (3) to prove that the defendant did not intend—

            (a)         to publish the publication in South Australia; or

            (b)         to cause, authorise, permit or license the publication to be published in South Australia.

1A—Calling in films for classification

        (1)         If—

            (a)         the National Director has reasonable grounds to believe that an unclassified film is not an exempt film; and

            (b)         the film is being published in South Australia, or the National Director has reasonable grounds to believe that it will be published in South Australia,

the National Director may, by notice in writing given to the publisher of the film, require the publisher to submit an application for classification of the film.

        (2)         The National Director must cause notice of a decision under subclause (1) to be published in the Commonwealth of Australia Gazette.

        (3)         A person to whom a notice under this clause is given must, within three business days after receiving the notice, comply with the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

        (4)         It is a defence to a prosecution for an offence against subclause (3) to prove that the defendant did not intend—

            (a)         to publish the film in South Australia; or

            (b)         to cause, authorise, permit or license the film to be published in South Australia.

2—Calling in computer games for classification

        (1)         If—

            (a)         the National Director has reasonable grounds to believe that a computer game is likely to contain contentious material; and

            (b)         the computer game is being published in South Australia, or the National Director has reasonable grounds to believe that it will be published in South Australia,

the National Director may, by notice in writing given to the publisher of the game, require the publisher to submit an application for classification of the game.

        (1a)         If—

            (a)         the National Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game; and

            (b)         the computer game is being published in South Australia, or the National Director has reasonable grounds to believe that it will be published in South Australia,

the National Director may, by notice in writing given to the publisher of the computer game, require the publisher to submit an application for classification of the computer game.

        (2)         The National Director must cause notice of a decision under subclause (1) or (1a) to be published in the Commonwealth of Australia Gazette.

        (3)         A person to whom a notice under this clause is given must, within three business days after receiving the notice, comply with the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

        (4)         It is a defence to a prosecution for an offence against subclause (3) to prove that the defendant did not intend—

            (a)         to publish the computer game in South Australia; or

            (b)         to cause, authorise, permit or license the computer game to be published in South Australia.

3—Calling in advertisements

        (1)         The National Director may, by notice in writing given to—

            (a)         the publisher of a publication that—

                  (i)         the National Director has reasonable grounds to believe is a submittable publication; and

                  (ii)         is being published in South Australia, or the National Director has reasonable grounds to believe will be published in South Australia; or

            (b)         the publisher of a classified film that is being published in South Australia, or that the National Director has reasonable grounds to believe will be published in South Australia; or

            (c)         the publisher of a computer game that is being published in South Australia, or that the National Director has reasonable grounds to believe will be published in South Australia,

require the publisher to submit to the National Board for approval a copy of every advertisement used or intended to be used in connection with the publishing.

        (2)         A person to whom a notice under this clause is given must, within three business days after receiving the notice, comply with the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

        (3)         It is a defence to a prosecution for an offence against subclause (2) to prove that the defendant did not intend—

            (a)         to publish the publication, film or computer game in South Australia; or

            (b)         to cause, authorise, permit or license the publication, film or computer game to be published in South Australia.

4—Calling in a publication, film or computer game for reclassification

        (1)         If—

            (a)         the National Board proposes to reclassify a publication, film or computer game under the Commonwealth Act; and

            (b)         the publisher of the publication, film or computer game resides in South Australia or has an office in South Australia,

the National Director may, by notice in writing given to the publisher, require the publisher to submit a copy of the publication, film or computer game for the purpose of reclassifying it.

        (2)         A person to whom a notice under this clause is given must, within three business days after receiving the notice, comply with the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

        (3)         It is a defence to a prosecution for an offence against subclause (2) to prove that the defendant did not have a copy of the publication, film or computer game.

5—Obtaining copies for review

        (1)         If—

            (a)         an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the publication, film or computer game concerned; and

            (b)         the National Board or the National Review Board does not have a copy of the publication, film or computer game and a copy is not available to it; and

            (c)         the original applicant or the publisher of the publication, film or computer game resides in South Australia or has an office in South Australia,

the Convenor may, by notice in writing given to the original applicant or publisher, require the original applicant or publisher to make a copy of the publication, film or computer game available for the purpose of the review.

        (2)         A person to whom a notice under this clause is given must, within three business days after receiving the notice, comply with the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

        (3)         It is a defence to a prosecution for an offence against subclause (2) to prove that the defendant did not have a copy of the publication, film or computer game.