41. Decisions to be conclusive evidence---(1) Subject to subsection
 (2) of this section and to sections 42, 47, and 58 of this Act, a
 subsisting decision of the Classification Office or of the Board in
 respect of any publication is conclusive evidence in any proceedings
 that the publication---
   (a) Is not objectionable; or
   (b) Is objectionable; or
   (c) Is objectionable except in any one or more of the following
         circumstances, as specified in the decision:
           (i) If the availability of the publication is restricted to
         persons who have attained a specified age:
           (ii) If the availability of the publication is restricted to
         specified persons or classes of persons:
           (iii) If the publication is used for one or more specified
         purposes.

   (2) Where any person is charged with an offence against this Act or
 any other enactment, nothing in subsection (1) of this section shall
 prevent that person from challenging any decision of the Classification
 Office or the Board in respect of any publication if not less than 1
 year has elapsed since that decision was recorded in any list produced
 in accordance with section 40 of this Act.

   (3) Where subsection (2) of this section applies in respect of any
 decision of the Classification Office or the Board, the court shall, at
 the request of the person so charged, refer the decision to the
 Classification Office for reconsideration, or to the Board where the
 decision to be reconsidered is a decision of the Board.
     Cf. 1963, No. 22, s. 18 (1), (2); 1987, No. 85, s. 29