Document ID: chunk:federal_register_of_legislation:F2013C00007:reg:1:p2
Version: federal_register_of_legislation:F2013C00007
Segment Type: reg
Provision Reference: reg 1 (pt 2/4)
Character Range: 14455–17271

making assessment

  For subclause 3.1 (1), in assessing the likely classification of an unclassified film or an unclassified computer game, the authorised advertising assessor must identify the likely classifiable elements of the film or the computer game, and their likely impact.

3.3 Revocation and amendment of assessment

 (1) This clause applies if, after making an assessment under clause 3.1, the authorised advertising assessor thinks that:
 (a) the film or computer game contains, or will contain, material of which the assessor was unaware when the assessment was made; or
 (b) the assessment is otherwise inaccurate.

 (2) If, because of the opinion formed under subclause (1), the assessor would have assessed the film or computer game as likely to have:
 (a) a higher classification, the assessor must:
 (i) amend the assessment in a manner consistent with clause 3.1; or
 (ii) if the requirements of clause 3.1 cannot be met — revoke the assessment;
 (b) a lower classification, the assessor may:
 (i) amend the assessment in a manner consistent with clause 3.1; or
 (ii) if the requirements of clause 3.1 cannot be met — revoke the assessment.

3.4 Retention of assessment

 (1) An authorised advertising assessor must keep a copy of each assessment of an unclassified film or unclassified computer game, and of the information on which he or she based the assessment, for at least 12 months after the date of the assessment.

 (2) A distributor must keep a copy of the assessment of an unclassified film or an unclassified computer game for at least 12 months after the date when he or she received notice of the classification of the film or the computer game.

3.5 Reliance by distributors on advertising assessment

  The distributor of an unclassified film or an unclassified computer game must not rely on an assessment of the likely classification of the film or computer game if the distributor:
 (a) has information or material that was not available to the assessor at the time of the making of the assessment; and
 (b) where the distributor reasonably believes that the information or material would be likely to lead to a different assessment of the likely classification.

Part 4 Sanctions

4.1 Requests to authorised advertising assessors for copies of assessments

  If the Director reasonably thinks that an authorised advertising assessor has made an assessment that did not reasonably apply the Act, the Code and the classification guidelines, the Director may at any time require the assessor to give to the 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,