31Scheme for advertising may be determined by legislative instrument

#### 31 Scheme for advertising may be determined by legislative instrument (1) The Minister may, by legislative instrument, determine a scheme for the advertising of unclassified films and unclassified computer games including, but not limited to, the following: (a) specifying conditions on which unclassified films and unclassified computer games may be advertised; (b) providing for requirements relating to self‑assessment by industry of the likely classification of unclassified films and unclassified computer games. (2) The conditions on which unclassified films and unclassified computer games may be advertised include, but are not limited to, conditions in relation to the following: (a) messages that must be displayed on or in relation to the advertising of an unclassified film or an unclassified computer game; (b) the circumstances in which an unclassified film or an unclassified computer game may be advertised with a classified film or game (including circumstances relating to the likely classification of the film or computer game); (c) the time within which messages on or in relation to an advertisement for an unclassified film or an unclassified computer game must be changed after the film or computer game is classified; (d) a condition that an unclassified film or an unclassified computer game may not be advertised by a person in respect of whom a barring notice of a kind mentioned in paragraph (3)(d) is in force. (3) Without limiting subsection (1), the scheme may: (a) provide for the authorisation of persons to make assessments of the likely classifications of unclassified films or unclassified computer games; and (b) specify the requirements for authorisation of a kind mentioned in paragraph (a), and for continued authorisation (including the circumstances in which such authorisation may be revoked or suspended); and (c) specify the basis on which an authorised person may make, amend or revoke assessments of the likely classification of unclassified films or unclassified computer games; and (d) provide for a notice system that empowers the Director to give a notice (a barring notice) to a particular person in specified circumstances (including circumstances that relate to whether the Director is satisfied as to a matter or matters); and (e) specify the effect of a barring notice, which may include but is not limited to providing that a person in respect of whom a barring notice is in force may not be authorised to make assessments of the likely classifications of unclassified films or unclassified computer games; and (f) provide for review by the Administrative Review Tribunal of decisions under the scheme; and (g) confer functions and powers on the Board or the Director in relation to and for the purposes of the scheme; and (h) provide for administrative matters, such as the making of applications and the giving of notices. (4) The scheme may specify the circumstances in which an unclassified film or an unclassified computer game may not be advertised. (5) The Minister must consult with participating Ministers before making a determination under subsection (1). (6) A determination under subsection (1) must not be such as to permit the advertisement of a film or computer game that, if the film or computer game were classified, would be likely to be classified RC or X 18+.