Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 39

  (1)   After that period of 2 years, the Minister may request that the Board:

  (a)   reclassify the publication, film or computer game; or

  (b)   reconsider the advertisement and approve or refuse to approve it.

  (3)   If the Minister requests the Board to act under subsection   (1), the Board must do so.

  (4)   If a participating Minister asks the Minister, in writing, to make a request under this section, the Minister must do so.

  (5)   If the publisher of the publication, film or computer game resides in the Australian Capital Territory or has an office in the Australian Capital Territory, the 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.

  (6)   A person to whom a notice under this section is given must, within 5 business days after receiving the notice, comply with the notice.

Penalty:   20 penalty units.

  (7)   An offence against subsection   (6) is a strict liability offence.

  (8)   It is a defence to a prosecution for an offence against subsection   (6) if the defendant proves that he or she did not have a copy of the publication, film or computer game.