Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 44A

  (1)   If:

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

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

  (c)   the original applicant or the publisher of the publication, film or game, resides in the Australian Capital Territory or has an office in the Australian Capital Territory;

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 game available for the purpose of the review.

  (2)   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.

  (3)   An offence against subsection   (2) is a strict liability offence.

  (4)   It is a defence to a prosecution for an offence against subsection   (2) if the defendant proves that he or she did not have a copy of the publication, film or game.