Document ID: chunk:federal_register_of_legislation:C2023A00065:clause:2_2
Version: federal_register_of_legislation:C2023A00065
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 27819–29250

2  Subsection 22CH(1)
Repeal the subsection, substitute:

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:
 (i) had the relevant material been classified by the Board otherwise than because of the operation of that section, the Board would have given the material a different classification; or
 (ii) the consumer advice for the relevant material is misleading, incorrect or grossly inadequate; or
 (iii) the consumer advice for the relevant material uses a consumer advice term that is not included in the list determined by the Board under section 12A that was in force at the time the consumer advice was determined;
the Board may revoke the classification.
Note:  The regulations may prescribe circumstances in which consumer advice is taken to be misleading, incorrect or grossly inadequate: see subsection 93(2).
 (1A) In determining whether to revoke under subsection (1) a classification made by the operation of an approved classification tool, the Board must have regard to whether the tool is operating in accordance with any contract, arrangement or understanding entered into under section 22CC in relation to the tool.