CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 22Q Barring notice to accredited person

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 22Q

  (1)   The Secretary of the Department may give a written notice to a person if the Secretary is satisfied that one or more of the conditions mentioned in subsection   (2) apply to the person.

  (2)   The conditions are as follows:

  (a)   the Secretary has revoked the person's accreditation under section   22P more than once;

  (b)   the Board has revoked 2 or more classifications by the person of films or computer games in the person's most recent 3 accreditation periods and at least 2 of those classifications were revoked on the grounds that:

  (i)   had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification that is 2 or more levels higher or lower; or

  (ii)   had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification of RC or X 18+; or

  (iii)   the consumer advice was grossly misleading, grossly incorrect or grossly inadequate;

  (c)   the Board has revoked a classification by the person of a film or computer game on the grounds that had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification of RC or X 18+;

  (d)   the person has purported to classify a film or computer game as RC or X 18+;

  (e)   the Secretary is of the opinion that the person knowingly made a declaration under subsection   22M(2) that is false or misleading in a material particular;

  (f)   the person meets any other condition prescribed by the regulations.

Note 1:   If the Secretary gives a notice to a person under this section, the person cannot be accredited while the notice remains in force: see paragraph   22M(3)(d).

Note 2:   The regulations may prescribe circumstances in which consumer advice is taken to be grossly misleading, grossly incorrect or grossly inadequate: see subsection   93(2).

  (3)   The notice takes effect from the date specified in the notice and continues in force for the period specified in the notice. The period must not exceed 5 years.