Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_112
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 112
Character Range: 156732–158703

112  Protection from criminal proceedings—ACMA, Classification Board and Classification Review Board

 (1) For the purposes of this clause, each of the following is a protected person:
 (a) the ACMA;
 (b) a member or associate member of the ACMA;
 (c) a member of the staff of the ACMA;
 (d) a consultant engaged to assist in the performance of the ACMA's broadcasting, content and datacasting functions (as defined in the Australian Communications and Media Authority Act 2005);
 (e) an officer whose services are made available to the ACMA under paragraph 55(1)(a) of the Australian Communications and Media Authority Act 2005;
 (f) a member or temporary member of the Classification Board;
 (g) a member of staff assisting the Classification Board or Classification Review Board as mentioned in section 88A of the Classification (Publications, Films and Computer Games) Act 1995;
 (h) a consultant engaged to assist in the performance of the functions of the Classification Board or the functions of the Classification Review Board;
 (i) an officer whose services are made available to the Classification Board under subsection 54(3) of the Classification (Publications, Films and Computer Games) Act 1995;
 (j) a member of the Classification Review Board.

 (2) Criminal proceedings do not lie against a protected person for or in relation to:
 (a) the collection of content or material; or
 (b) the possession of content or material; or
 (c) the distribution of content or material; or
 (d) the delivery of content or material; or
 (e) the copying of content or material; or
 (f) the doing of any other thing in relation to content or material;
in connection with the exercise of a power, or the performance of a function, conferred on the ACMA, the Classification Board or the Classification Review Board by this Schedule or Schedule 5 to this Act.

Definition

 (3) In this clause:

possession includes have in custody or control.

Part 8—Review of decisions