Films, Videos, and Publications Classification Act 1993

Appeals - Interim restrictions on appeal

69: Duration and revocation of interim restriction order

You could also call this:

"How long an interim restriction order lasts and how it can be cancelled"

Illustration for Films, Videos, and Publications Classification Act 1993

When you get an interim restriction order, it starts on the day it is made. It stays in force until the High Court makes a final decision on the appeal, unless it is revoked sooner. You can think of revoked as cancelled. The High Court or a Judge can cancel an interim restriction order if someone asks them to, or if they decide to on their own. This can happen if the person who asked for the order, another party to the appeal, the owner of the publication, or someone else who is affected by the order asks the court to cancel it. If the court cancels an interim restriction order, they will publish this decision in the Gazette and advertise it as directed by the court.

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Part 5Appeals
Interim restrictions on appeal

69Duration and revocation of interim restriction order

  1. Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court.

  2. The High Court or a Judge of that court may, on the application on notice of any of the following persons, or on the court's or the Judge's own motion, revoke an interim restriction order:

  3. the applicant for the order:
    1. any other party to the appeal:
      1. the owner, maker, publisher, or authorised distributor of the publication to which the order relates:
        1. any other person who satisfies the High Court or a Judge of that court that the person is detrimentally affected by the existence of the order.
          1. Every order under this section that revokes an interim restriction order shall be published in the Gazette, and shall be advertised in such manner, and notified to such persons, as the court or a Judge directs.

          Compare
          • 1963 No 22 s 14B(3)
          • 1977 No 79 s 3
          • 1987 No 85 s 49(6)