Document ID: chunk:federal_register_of_legislation:C2014A00099:clause:1_22ch
Version: federal_register_of_legislation:C2014A00099
Segment Type: clause
Provision Reference: sch 1 cl 22CH
Character Range: 14212–16749

22CH  Revocation of classification by approved classification tool

Revocation of classification
 (1) If:
 (a) a decision made by the operation of an approved classification tool in relation to a publication, film or computer game (the relevant material) is taken (because of the operation of section 22CF) to be a decision of the Board to classify the relevant material; and
 (b) the Board is of the opinion that, had the relevant material been classified otherwise than because of the operation of that section, the Board would have:
 (i) given the relevant material a different classification; or
 (ii) determined different consumer advice for the material;
the Board may revoke the classification.
 (2) The Board may exercise the power under subsection (1):
 (a) on its own initiative; or
 (b) on application.
 (3) An application under paragraph (2)(b) must:
 (a) be in a form approved, in writing, by the Director; and
 (b) be made:
 (i) within 3 months after the day the decision made by the operation of the approved classification tool takes effect; or
 (ii) if another period is specified in a determination under subsection (8)—within that longer period; and
 (c) if a class of persons is specified in a determination under subsection (8)—be made by a person included in that class; and
 (d) be accompanied by the prescribed fee (if any).
Note: For when the decision made by the operation of the approved classification tool takes effect, see subsection 22CF(4).

Classification after revocation
 (4) If the Board decides to revoke the classification of relevant material under subsection (1), the Board must classify the relevant material.
 (5) A decision of the Board to classify the relevant material, as referred to in subsection (4), takes effect when it is included in either:
 (a) the register, known as the National Classification Database, maintained by the Department; or
 (b) any replacement register.
 (6) Subsection (5) has effect despite section 28 (when decisions take effect).

When revocation of classification takes effect
 (7) The revocation of the classification of relevant material under subsection (1) takes effect immediately before the decision to classify the material, as referred to in subsection (4), takes effect.

Ministerial determination
 (8) The Minister may, by legislative instrument, determine either or both of the following:
 (a) a specified period for the purposes of subparagraph (3)(b)(ii);
 (b) a specified class of persons for the purposes of paragraph (3)(c).

Subdivision D—Other