AustLII Tasmanian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 44

Ministerial action on recommendation

(1)  On receiving a recommendation under section 43 (1) (a) , the Minister must make an order prohibiting the sale and delivery of the relevant classified film.
(2)  On receiving a recommendation under section 43 (2) (a) , the Minister must make an order assigning a higher classification to the relevant classified film, being the classification specified in the recommendation.
(3)  On receiving a recommendation under section 43 (1) (b) or (2) (b) , the Minister must –
(a) accept the recommendation; or
(b) if dissatisfied with the recommendation – request the Review Committee to review it.
(4)  A request under subsection (3) (b) is to –
(a) be in writing; and
(b) specify the grounds on which the Minister bases the request.
(5)  On receiving a request under subsection (3) (b) , the Review Committee must, having regard to the grounds on which the Minister has based the request and the criteria in section 42 , review the recommendation to which the request relates and, within 14 days of the review, make another recommendation –
(a) confirming its original recommendation; or
(b) setting aside its original recommendation and making a recommendation under section 43 (1) (a) or (2) (a) .
(6)  If the Minister receives another recommendation under subsection (5)  –
(a) confirming an original recommendation under section 43 (1) (b) or (2) (b)  – the Minister must accept the original recommendation; or
(b) making a recommendation under section 43 (1) (a)  – the Minister must make an order prohibiting the sale and delivery of the relevant film; or
(c) making a recommendation under section 43 (2) (a)  – the Minister must make an order assigning a higher classification to the relevant classified film, being the classification specified in the recommendation.



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