CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 15 Attendance of child at MA 15+ film—offence by exhibitor

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 15

    (1)     A person commits an offence if—

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

        (b)     the film is classified MA 15+; and

        (c)     a child under 15 years old is present during any part of the exhibition; and

        (d)     the child is not accompanied by a parent or guardian of the child.

Maximum penalty: 10 penalty units.

    (2)     For subsection (1), a child does not stop being accompanied if the parent or guardian is temporarily absent from the exhibition of the film.

    (3)     Strict liability applies to subsection (1) (b).

    (4)     Absolute liability applies to the circumstance that the person present is a child under 15 years old.

    (5)     It is a defence to a prosecution for an offence against this section if the defendant proves that—

        (a)     the defendant took all reasonable steps to ensure that the child was not present in contravention of subsection (1); or

        (b)     the defendant believed, on reasonable grounds, that the child was 15 years old or older; or

        (c)     the defendant believed, on reasonable grounds, that the person accompanying the child was the child's parent or guardian.