Commonwealth Numbered Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 29

Approval of advertisements
29.(1) The Board may approve or refuse to approve an advertisement for a
publication, a film or a computer game either on an application for approval
or on its own initiative. An approval of an advertisement may be subject to
conditions.

(2) An application for approval of an advertisement must be:

   (a)  in writing; and

   (b)  made in a form approved by the Director in writing; and

   (c)  signed by or on behalf of the applicant; and

   (d)  accompanied by the prescribed fee for that category of advertisement.

(3) The matters to be taken into account in deciding whether to approve an
advertisement include the matters set out in section 11 and the classification
guidelines referred to in section 12.

(4) The Board must refuse to approve an advertisement if, in the opinion of
the Board, the advertisement:

   (a)  describes, depicts or otherwise deals with matters of sex, drug misuse
        or addiction, crime, cruelty, violence or revolting or abhorrent
        phenomena in such a way that it offends against the standards of
        morality, decency and propriety generally accepted by reasonable
        adults to the extent that it should not be approved; or

   (b)  depicts or describes a minor (whether engaged in sexual activity or
        not) who is, or who appears to be, under 16 in a way that is likely to
        cause offence to a reasonable adult; or

   (c)  promotes crime or violence, or incites or instructs in matters of
        crime or violence; or

   (d)  is used, or is likely to be used, in a way that is offensive to a
        reasonable adult.

(5) The Board must refuse to approve an advertisement for a publication if the
publication:

   (a)  has been classified RC; or

   (b)  is an unclassified submittable publication.

(6) The Board must refuse to approve an advertisement for a film or a
computer game that:

   (a)  has been classified RC; or

   (b)  has not been classified.

(7) Paragraph (6)(b) does not apply to a film for which a certificate of
exemption is in force under section 33. 


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