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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
54YDefinitions—div 6A.2
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54Y Definitions—div 6A.2
In this division:
classified does not include classified RC.
defined offence means—
(a) in relation to a seized film—an offence in relation to the film
against—
(i) this Act; or
(ii) the Crimes Act 1900; or
(iii) the Publications Control Act 1989; or
(iv) the Business Franchise (“X” Videos) Act 1990; and
(b) in relation to a seized computer game—an offence in relation to
the computer game against—
(i) this Act; or
(ii) the Crimes Act 1900, section 66; or
(iii) the Criminal Code 1995 (Cwlth), section 474.26.
defined period, in relation to a seized film or computer game,
means—
(a) 120 days after the seizure of the film or computer game; or
Section 54YA
page 68 Classification (Publications, Films and Computer
(b) any extended, or further extended, period that is approved under
section 54YB (1).
seized film or computer game means a film or computer game seized
under section 54W.
54YA When proceeding for defined offence decided
For this division, a proceeding in relation to a defined offence must
not be taken to be decided until—
(a) the end of any period for lodging an appeal in relation to the
proceeding; or
(b) if any appeal has been lodged in relation to the proceeding—the
appeal has been decided, and any period for lodging a further
appeal has ended.
54YB Extension of defined period
(1) For this division, the commissioner may, in writing, approve the
extension, or further extension, of the defined period in relation to a
seized film or computer game for the period that the commissioner
considers, on reasonable grounds, to be necessary or desirable for—
(a) allowing the person from whom the film or computer game was
seized to satisfy the commissioner, on reasonable grounds, that
the film or computer game is classified; or
(b) the administration of this Act.
(2) The commissioner may, in writing, approve the extension of a defined
period under subsection (1)—
(a) on the written application of the person from whom the relevant
film or computer game was seized, made before that period
would otherwise have ended; or
(b) at any time, on the commissioner’s own initiative.
Section 54Z
(3) The commissioner must give a copy of an extension under
subsection (2) (b) in relation to a seized film or computer game to the
person from whom the film or computer game was seized.