Document ID: chunk:federal_register_of_legislation:F2013C00007:reg:1:p3
Version: federal_register_of_legislation:F2013C00007
Segment Type: reg
Provision Reference: reg 1 (pt 3/4)
Character Range: 17004–19840

Director:
 (a) copies of any assessments made by the assessor within the preceding 12 months; and
 (b) the information and materials on which those assessments were based.

4.2 Barring notice to authorised advertising assessor

  The Director may, by written notice, revoke, or suspend for the period specified in the notice, the authorisation of a person as an authorised advertising assessor if the Director is satisfied that 1 or more of the following conditions apply:
 (a) if the Director has requested that the assessor complete further training, approved by the Director, in the making of assessments — the assessor has not completed the training;
 (b) the assessor has prepared 2 or more assessments of unclassified films or unclassified computer games that:
 (i) could not reasonably have been made on the information and materials available to the assessor; or
 (ii) did not reasonably apply the Act, the Code and the Classification Guidelines to the information available to the assessor when making the assessment;
 (c) the assessor has failed to comply with the record-keeping requirements under subclause 3.4 (1).

4.3 Barring notice to distributor

 (1) The Director may give a written notice to a distributor if the Director is satisfied that both of the following apply:
 (a) the distributor has, at least twice, used an assessment of a likely classification of an unclassified film or an unclassified computer game that is less than the ultimate classification of the film or computer game; and
 (b) the assessments were not based on the best information reasonably available at the time, or on the basis of reasonable assumptions, or both.

 (2) If the Director gives a notice to a distributor under subclause (1), the Director may, in writing, prohibit the distributor for up to three years from either, or both:
 (a) advertising an unclassified film or an unclassified computer game in reliance on an assessment of its likely classification by an authorised advertising assessor;
 (b) applying to the Board for the assessment of an unclassified film or of an unclassified computer game.

 (3) The notice takes effect from the date specified in the notice and continues in force for a period, not exceeding 3 years, specified in the notice.

4.4 Review by AAT

  An application may be made to the Administrative Appeals Tribunal for review of a decision of the Director under:
 (a) clause 2.1;
 (b) clause 4.2;
 (c) clause 4.3.

Notes to the Classification (Advertising of Unclassified Films and Computer Games Scheme) Determination 2009

Note 1

The Classification (Advertising of Unclassified Films and Computer Games Scheme) Determination 2009 (in force under subsection 31 (1) of the Classification (Publications, Films and Computer Games) Act 1995) as shown in this compilation is amended as indicated in the