Document ID: chunk:federal_register_of_legislation:F2023L00992:clause:2_16:p1
Version: federal_register_of_legislation:F2023L00992
Segment Type: clause
Provision Reference: sch 2 cl 16 (pt 1/2)
Character Range: 16955–19657

16  Board to consider application for provisional certificate
 (1) If an applicant applies to the Board for a provisional certificate, the Board must:
 (a) consider the application; and
 (b) issue or refuse to issue a provisional certificate.
 (2) For paragraph (1)(a), in considering the application, the Board:
 (a) may seek information or advice from any person or source; and
 (b) may take into account the knowledge and experience of its members; and
 (c) may ask an independent expert to provide a written report to the Board about any matter that is relevant to whether a condition set out in subsection 378-25(7) of the Act would be met if the applicant were to apply for a certificate to be issued under section 378-25; and
                       (d)  must consider the following information:
 (i) the application and its accompanying information and documents;
 (ii) any written report requested by the Board under paragraph 2(c);
 (iii) any comment or submission made by the applicant, in response to an opportunity given under subsection (4) or (5), that is provided within the period specified in subsection (6) or within the period as extended under subsection (8);
 (iv) any additional information provided by the applicant in response to a request under section 17;
 (v) any other information or advice obtained by the Board that it considers relevant.
 (3) A report under paragraph 2(c) may also include advice about any of the following matters:
 (a) whether the applicant is the appropriate entity to apply for the provisional certificate in relation to a particular digital game;
 (b) whether the digital game for which the applicant is applying for a provisional certificate meets the criteria of 'digital game' under section 378-20 of the Act.
 (4) If the Board intends to use information or advice from a third party to inform its decision not to issue a provisional certificate to an applicant, the Board must give the applicant an opportunity to comment on the substance of that information or advice.
 (5) If the Board asks an independent expert to provide the Board with a written report under subsection (2), the Board must:
 (a) give a copy of the report to the applicant to whom it relates as soon as practicable; and
 (b) give the applicant an opportunity to make a written submission to the Board in response to the report.
 (6) Subject to subsections (7) and (8), if the applicant is provided with an opportunity to comment or to make a written submission under subsection (4) or (5), the applicant has 28 days to do so from the day they are notified of the opportunity.
 (7) The applicant may ask the Board to extend the 28-day period referred to in subsection (6) and