s.18Suspension or revocation of certificate and penalty
18
Section 18Part 2FILM CONTROL BOARD AND PUBLIC FILM EXHIBITION RATING CERTIFICATE

Suspension or revocation of certificate and penalty

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The Board may suspend a rating certificate or recognition of a rating given by a board of internationally recognised film censors for such period as it thinks fit, or it may revoke such certificate or recognition if it is satisfied that —
the film or any part thereof in respect of which the rating certificate was issued or recognition given is being exhibited in a form other than the one approved;
the film or any part thereof is being exhibited in contravention of the provisions of this Law;
the holder of the rating certificate or the person who owns or controls the film to which recognition was given has failed to pay the penalty imposed under section 19(1);
the certificate or rating given by a board of internationally recognised film censors has been obtained by fraud or misrepresentation as to an essential fact; or
the owner or controller of the film has otherwise acted in contravention of this Law.
A film shall not be made available for public exhibition —
during the period in which a rating certificate or recognition of a rating given by a board of internationally recognised film censors remains suspended; or
after the revocation of a rating certificate or recognition of a rating given by a board of internationally recognised film censors.
The Board shall not take any action under this section without giving the owner or controller of the film an opportunity of being heard.
A person who continues to publicly exhibit a film notwithstanding —
the suspension or revocation of a rating certificate or recognition of a rating given by a board of internationally recognised film censors; or
being notified in writing by the Board that he is acting in contravention of the provisions of this Law,
is liable to a penalty of two thousand dollars or such other amount as may be prescribed and a further penalty of one hundred dollars for each day that such breach continues after the date of its proof.
A person who wishes to contest a penalty imposed pursuant to subsection (1) may, within twenty-one days of its imposition, appeal to the Appeals Tribunal.
The Appeals Tribunal may confirm or vary the decision of the Board or make such other decision on the appeal as seem to it to be expedient.
A person aggrieved by a decision of the Appeals Tribunal under subsection (6) may, within twenty-one days of the date on which notice of the written reasons for the decision was received, appeal to the court against the decision.

Cross References