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S.L. 542.1 · Cinema And Stage Age-Classification (S.L. 542.1)

S.L. 542.1 Art. 8Reviewofdecision of examining age- classifiers. Cap. 490. Cap. 490.

In KraftAmtlicher Text

(1) Where the examining age-classifiers have reported that a film -

(a) is fit for exhibition in any of the categories specified in regulation 6; or

(b) is not fit for exhibition in any category specified in regulation 6; the person who has applied for the examination of the film may, if he feels aggrieved by the decision, within five days of receiving said decision, apply in writing to the Classification Review Board (hereinafter referred to as "Review Board") for a review of such decision. The Review Board may confirm or reverse the decision of the Film Board.

(2) The Review Board shall be composed of three (3) persons appointed by the Minister, one of whom shall be appointed Chairman of the Review Board: Provided that the members of the Review Board shall not be the same members as those sitting on the Film Board.

(3) The Review Board shall be composed of persons who possess knowledge and experience relevant to the classification of films and specifically in the areas identified in regulation 3(9): Provided that the person appointed under the area of expertise referred to in regulation 3(9)(c) shall be so appointed after consultation with the Commissioner for Children.

(4) Voting on the Review Board shall be by majority, and each member of the Review Board must be present for a vote to be taken. In the case of an equality of votes, the Chairman shall have a casting vote in addition to his original vote.

(5) On receipt of such application, the Chairman of the Review Board shall make the necessary arrangements for the film to be examined again by all members of the Review Board whose decision, subject to the provisions of regulation 9, shall be final.

(6) In its deliberations, the Review Board shall reach its decision in terms of these regulations and the guidelines drawn up in terms of regulation 3(2), and shall give reasons for the decision. The Review Board shall notify the applicant with its final decision regarding the age-classification and the reasons for which it was taken.

(7) Any person who feels aggrieved by the decision of the Review Board shall have a right to apply to the Administrative Review Tribunal established by article 5 of the Administrative Justice Act, citing grounds contained in said Act, within twenty days from when the decision by the Review Board is given, to demand the review of the said decision.

(8) The provisions of the Administrative Justice Act, in so far as they apply to the Administrative Review Tribunal, shall apply to any proceedings before the said Review Board and the words "public administration" in the said enactment shall be construed as a reference to the Film Board and the Review Board.

(9) Any court proceedings pending on the date of the coming into force of these regulations, before any court from a decision of the Film Board or the Review Board shall continue to be heard by that court without prejudice to regulation 9.