CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995
- SECT 91
Waiver of fees

(1)

The Director may, on application in writing by a person, waive all or part of the payment of fees payable, or notionally payable, under this Act if:

(a)

in the Director's opinion it is in the public interest to do so for public health or educational reasons; or

(b)

the body that would be liable, or notionally liable, for the fee is:

(i)

the Commonwealth, a State or a Territory (or an authority of one of those bodies); or

(ii)

a non-profit organisation; or

(c)

the payment is for special interest material having a limited distribution that is:

(i)

wholly or mainly a documentary record of an event; or

(ii)

of a cultural or like nature; or

(iii)

a short film from a new or emerging film maker;

and, in the Director's opinion, it is in the public interest to do so.

(1A)

The Director may only waive the payment under subsection (1) in accordance with the written principles determined by the Director and agreed to by the Minister. The Minister may only agree to the principles if the Minister has consulted the participating Ministers about them.

(2)

If the Director makes a decision under this section, the Director must, within 28 days after making the decision, notify the applicant in writing of the decision and of the reasons for the decision.

(3)

The notice must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the decision.

(4)

A failure to comply with subsection (3) does not invalidate the decision.