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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Classification (Publications, Films and Computer Games)
(Exemptions and Approvals) Amendment Bill 2010
A BILL FOR
An Act to amend the Classification
(Publications, Films and Computer Games) Act 1995.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Classification
(Publications, Films and Computer Games) Act 1995
4Amendment of section 76—Exemption of
film, publication, computer game or advertisement
5Amendment of
section 77—Exemptions—organisations
6Amendment of section 78—Ministerial
directions or guidelines
7Amendment of section 79—Organisation
may be approved (section 77(1))
8Amendment of
section 79A—Organisation may be approved
(section 77(3))
9Insertion of sections 79B and
79C
79BReferral to National
Director
79CMinister
may revoke decision of National Director
10Amendment of section
91—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Classification (Publications, Films and
Computer Games) (Exemptions and Approvals) Amendment
Act 2010.
This Act will come into operation 3 months after assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Classification (Publications, Films and
Computer Games) Act 1995
4—Amendment
of section 76—Exemption of film, publication, computer game or
advertisement
(1) Section 76—after "Minister" insert:
or the National Director
(2) Section 76—after its present contents (as amended and now to be
designated as subsection (1)) insert:
(2) An application made to the Minister under subsection (1)
must—
(a) be in writing; and
(b) be made at least 60 days before the publication, exhibition, sale or
demonstration of the publication, film, computer game or advertisement in
relation to which the exemption is sought; and
(c) be accompanied by—
(i) documents and information of a kind prescribed by regulation;
and
(ii) the prescribed fee.
5—Amendment
of section 77—Exemptions—organisations
Section 77(1) and (3)—after "Minister" wherever occurring
insert:
or the National Director
6—Amendment
of section 78—Ministerial directions or
guidelines
Section 78—after "Minister" first occurring insert:
or the National Director
7—Amendment
of section 79—Organisation may be approved
(section 77(1))
(1) Section 79(1)—after "South Australian Government Gazette,"
insert:
or the National Director, by notice published in the Commonwealth of
Australia Gazette,
(2) Section 79—after subsection (1) insert:
(1a) An application made to the Minister under subsection (1)
must—
(a) be in writing; and
(b) be accompanied by the prescribed fee.
(3) Section 79(2) and (5)—after "Minister" wherever occurring
insert:
or the National Director (as the case may be)
(4) Section 79(4)—delete subsection (4) and substitute:
(4) An approval given by the Minister or the National Director may be
revoked by the Minister or the National Director (as the case may be) if,
because of a change in any matter referred to in subsection (2), the
Minister or the National Director considers that it is no longer appropriate
that the organisation be approved.
8—Amendment
of section 79A—Organisation may be approved
(section 77(3))
(1) Section 79A(1)—after "South Australian Government Gazette,"
insert:
or the National Director, by notice published in the Commonwealth of
Australia Gazette,
(2) Section 79A—after subsection (1) insert:
(1a) An application made to the Minister under subsection (1)
must—
(a) be in writing; and
(b) be accompanied by the prescribed fee.
(3) Section 79A(2) and (5)—after "Minister" wherever occurring
insert:
or the National Director (as the case may be)
(4) Section 79A(4)—delete subsection (4) and substitute:
(4) An approval given by the Minister or the National Director may be
revoked by the Minister or the National Director (as the case may be) if,
because of a change in any matter referred to in subsection (2), the
Minister or the National Director considers that it is no longer appropriate
that the organisation be approved.
9—Insertion
of sections 79B and 79C
After section 79A insert:
79B—Referral to National
Director
(1) If an application
(other than an application under section 79C) is made to the Minister under this
Part, the Minister may, with the agreement of the National Director, refer the
application to the National Director for determination.
(2) If an application is referred to the National Director under
subsection (1)—
(a) the application is taken to have been made to the National Director
under this Part; and
(b) the applicant is entitled to be refunded an amount equal to any
prescribed fee paid by the applicant on making the application less the amount
(if any) prescribed by the regulations as an administration charge for the
purposes of this section.
79C—Minister may revoke decision of National
Director
(1) A direction made,
or approval given, by the National Director under this Part may, either on
application or on the Minister's own initiative, be revoked by the Minister if
the Minister considers that it is not appropriate that the direction be made or
the approval be given.
(2) An application made to the Minister under
subsection (1)
must—
(a) be in writing; and
(b) be made within the prescribed time; and
(c) be accompanied by—
(i) documents and information of a kind prescribed by regulation;
and
(ii) the prescribed fee.
(3) This section has effect despite any other provision of this
Part.
10—Amendment
of section 91—Regulations
Section 91—after its present contents (now to be designated as
subsection (1)) insert:
(2) The regulations may be of general application or vary in their
application according to prescribed factors.