| (1) |
Any person or institution may, in writing, on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, apply to the FPB for exemption from full classification and from section 24A(2)(a) of the Act in respect of games intended for screening or distribution at a game festival, by submitting 30 (thirty) days prior to the date of the festival— |
| (a) |
the full name and surname of the applicant or, in the case of a registered business, full names and surnames of all those directly connected with the business and the nature of the business; |
| (b) |
the physical address of the person or institution applying for exemption; |
| (c) |
the contact details of the person or institution applying for exemption; |
| (d) |
the occupation of the person, if applicable; |
| (e) |
a document confirming that the applicant's tax affairs are in order; |
| (f) |
a declaration that the applicant warrants to the best of its knowledge and insofar as it I reasonably aware, that it complies with the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; |
| (g) |
proof of payment of the prescribed fee; |
| (h) |
an application for exemption in writing and a detailed statement stating the basis of the application; |
| (i) |
a list of the games to be exhibited or distributed at the game festival; |
| (j) |
brief reports which accurately describe the games and their respective classifiable elements as prescribed in the Classification Guidelines of the FPB, recordings of the games which illustrates how classifiable elements as prescribed in the Classification Guidelines of the FPB are presented; and |
| (k) |
an affidavit by the applicant to the effect that there is or has been no contravention of chapter 1, 2 and 3 of the Criminal Law (Sexual Offences Act and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) and section 24B of the Act. |
| (2) |
Upon receipt of the application and supporting documents, the FPB must decide whether to grant an exemption or not. |
| (3) |
If the FPB decides not to grant an exemption to a game submitted in terms of sub-regulation 26(1) of Schedule 1, the FPB must submit such game for full classification in terms of section 18 of the Act. |
| (4) |
Where the FPB submits any game for full classification in terms of subregulation (3) the applicant shall be liable for the full classification fee. |
| (5) |
No exemption shall be granted in respect of a game which if submitted for classification, would be classified as "X18". |
| (6) |
No application for exemption that is submitted less than 30 (thirty) days prior to the game festival must be considered by the FPB. |
| (7) |
Where the application for an exemption is approved, the applicant must ensure that before screening or distribution of the game at the relevant game festival, it displays a cautionary message indicating that the game— |
| (a) |
was exempted from full classification at the request of the applicant; |
| (b) |
was classified by the FPB in terms of section 18 of the Act; and |
| (c) |
may not be screened or distributed without a full classification at any other event or venue. |
| (8) |
The applicant may not beyond the exemption period publicly screen or distribute such game. |
| (9) |
The cautionary notice contemplated in sub-regulation (7) shall be as follows— |
“WARNING
This game has not been classified in terms of the Films and Publications Act, 1996, and has been exempted from full classification for the purposes of this game festival which begins on [insert date] and ends on [insert date]. This game may not be screened or distributed at any venue or event without submission for classification to the FPB."
| (10) |
The notice contemplated in sub-regulation (9) must be displayed for not less than 10 (ten) seconds. |
Civil Aviation Act, 2009
