Australian Capital Territory Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 13

    (1)     A person commits an offence if—

        (a)     the person exhibits a film in a place other than a public place; and

        (b)     a child is present during any part of the exhibition; and

        (c)     the film is—

              (i)     classified RC, X 18+ or R 18+; or

              (ii)     an unclassified film; and

        (d)     for an unclassified film—the film is subsequently classified RC, X 18+ or R 18+.

Maximum penalty:

        (a)     for a film classified RC, or an unclassified film that is subsequently classified RC—50 penalty units, imprisonment for 6 months or both; or

        (b)     for a film classified X 18+, or an unclassified film that is subsequently classified X 18+—50 penalty units; or

        (c)     for a film classified R 18+, or an unclassified film that is subsequently classified R 18+—20 penalty units.

    (2)     Absolute liability applies to—

        (a)     the circumstance that the person present is a child; and

        (b)     subsection (1) (d).

    (3)     This section does not apply if—

        (a)     the person is a parent or guardian of the child; or

        (b)     the film is an unclassified film and the person does not believe, and has no reasonable grounds for believing, that the film would be classified RC, X 18+ or R 18+.

    (4)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed, on reasonable grounds, that the child was an adult.