Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 115

  (1)   The Indigenous Affairs Minister may, by legislative instrument, determine that some or all of the provisions of this Part   cease to have effect.

Note:   Under section   116, all of the provisions of this Part   cease to have effect 10 years after the day section   3 of the Stronger Futures in the Northern Territory Act 2012 commences. This section allows the Indigenous Affairs Minister to determine that some or all of the provisions of this Part   cease to have effect before then.

  (2)   The Indigenous Affairs Minister may, by legislative instrument, revoke a determination under subsection   (1).

Community consultation

  (3)   Before making a determination under subsection   (1) or (2), the Indigenous Affairs Minister must ensure that:

  (a)   information setting out:

  (i)   the proposal to make the determination; and

  (ii)   an explanation, in summary form, of the consequences of the making of the determination;

    has been made available to people living in prohibited material areas; and

  (b)   people living in prohibited material areas have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:

  (i)   the proposal to make the determination; and

  (ii)   the consequences of making the determination; and

  (iii)   their circumstances, concerns and views, so far as they relate to the proposal.

  (4)   A failure to comply with subsection   (3) does not affect the validity of a determination under subsection   (1) or (2).

Criteria for making a determination

  (5)   In making a determination under subsection   (1) or (2) in relation to an area, the Indigenous Affairs Minister must have regard to the following matters:

  (a)   the object of this Part (see section   98A);

  (b)   the wellbeing of people living in prohibited material areas;

  (c)   whether there is reason to believe that people living in prohibited material areas have been the victims of violence or sexual abuse;

  (d)   the extent to which people living in prohibited material areas have expressed their concerns about being at risk of violence or sexual abuse;

  (e)   whether there is reason to believe that children living in prohibited material areas have been exposed to prohibited material;

  (f)   the extent to which people living in prohibited material areas have expressed the view that their wellbeing will be improved if this Part applies;

  (g)   any submissions of the kind referred to in paragraph   (3)(b);

  (h)   the views of relevant law enforcement authorities;

  (i)   any other matter that the Indigenous Affairs Minister considers relevant.

  (6)   If the Indigenous Affairs Minister makes a determination under subsection   (1), then this Part   continues to apply after the determination takes effect in relation to things done, or omitted to be done, before the determination takes effect.

  (7)   If, under subsection   (2), the Indigenous Affairs Minister revokes a determination under subsection   (1), then the provisions of this Part that were specified in the determination under subsection   (1) apply again after the revocation takes effect.