15Discretion of Board

#### 15 Discretion of Board (1) If: (a) an application is made for the classification as a film of a recording that contains a computer generated image; and (b) the Board is of the opinion that the recording is more appropriately dealt with as a computer game having regard to: (i) the definition of computer game in section 5A; and (ii) the degree of interactivity involved; and (iii) the nature of the visual images produced; the Board must decline to deal with the application. (1A) If: (a) an application is made for the classification of material as a computer game; and (b) the Board is of the opinion that the material is more appropriately dealt with as a film having regard to: (i) the definition of film in section 5; and (ii) whether, or the extent to which, the material is or involves an interactive game; the Board must decline to deal with the application. (2) If the Board declines to deal with the application under this section, the Director must, within 14 days after the decision is made: (a) notify the applicant in writing of the decision and of the reasons for the decision; and (b) if the application is not an enforcement application—invite the applicant to provide the additional material that is necessary for an application for classification of a computer game or of a film, as the case requires. (3) If the application is not an enforcement application, the Board must deal with the application as an application for classification of a computer game or of a film, as the case requires, after receiving the additional material and fee required. > Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A. (4) If the application is an enforcement application, the Board must deal with the application as an application for classification of a computer game or of a film, as the case requires, after receiving the applicant’s request that the Board do so. The applicant must pay any additional fee on or after making the request. > Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.