CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 19 Films to display determined markings and consumer advice

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 19

    (1)     A person commits an offence if—

        (a)     the person sells a film; and

        (b)     the container, wrapping or casing of the film does not have displayed on it—

              (i)     the determined markings relevant to the film's classification; and

              (ii)     if there is current consumer advice for the film—the consumer advice.

Maximum penalty: 10 penalty units.

    (2)     A person commits an offence if—

        (a)     the person sells an unclassified film; and

        (b)     the container, wrapping or casing in which the film is sold displays a marking that suggests that the film has been classified.

Maximum penalty: 30 penalty units.

    (3)     A person commits an offence if—

        (a)     the person sells a classified film; and

        (b)     the container, wrapping or casing in which the film is sold displays a marking that suggests that the film is unclassified or has a different classification.

Maximum penalty: 30 penalty units.

    (4)     Subsection (5) applies if—

        (a)     a film is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or

        (b)     the board revokes a classification or consumer advice for a film under the Commonwealth Act.

    (5)     A person does not commit an offence against this section in relation to the film during the 30-day period after the decision to reclassify or revoke takes effect, if the film displays the determined markings and consumer advice (if any) applying to the film before the reclassification or revocation.

    (6)     An offence against this section is a strict liability offence.