CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 23 Sale or delivery of certain films to child

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 23

    (1)     A person commits an offence if—

        (a)     the person sells or delivers a film to a child; and

        (b)     the film is—

              (i)     classified RC; or

              (ii)     an unclassified film; and

        (c)     for an unclassified film—the film is subsequently classified RC.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     Absolute liability applies to—

        (a)     the circumstance that the person to whom the film is sold or delivered is a child; and

        (b)     subsection (1) (c).

    (3)     Subsection (1) does not apply if 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.

    (4)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

        (a)     the child produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the child; and

        (b)     the defendant believed, on reasonable grounds, that the child was an adult.

    (5)     A person commits an offence if—

        (a)     the person sells or delivers a film to a child; and

        (b)     the film is—

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

              (ii)     an unclassified film; and

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

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (6)     Absolute liability applies to—

        (a)     the circumstance that the person to whom the film is sold or delivered is a child; and

        (b)     subsection (5) (c).

    (7)     Subsection (5) does not apply if—

        (a)     the person is the 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 X 18+ or R 18+.

    (8)     It is a defence to a prosecution for an offence against subsection (5), if the defendant proves—

        (a)     that—

              (i)     the child produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the child; and

              (ii)     the defendant believed, on reasonable grounds, that the child was an adult; or

        (b)     for the delivery of a film classified R 18+—the child was employed by the defendant or the defendant's employer and the delivery took place in the course of that employment.

    (9)     A person commits an offence if—

        (a)     the person sells or delivers a film to a child under 15 years old; and

        (b)     the film is—

              (i)     classified MA 15+; or

              (ii)     an unclassified film; and

        (c)     for a film that is unclassified—the film is subsequently classified MA 15+.

Maximum penalty: 10 penalty units.

    (10)     Absolute liability applies to–

        (a)     the circumstance that the person to whom the film is sold or delivered is under 15 years old; and

        (b)     subsection (9) (c).

    (11)     Subsection (9) does not apply if—

        (a)     the person is the 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 MA 15+.

    (12)     It is a defence to a prosecution for an offence against subsection (9) if the defendant proves that the defendant believed, on reasonable grounds, that—

        (a)     the child was 15 years old or older; or

        (b)     a parent or guardian of the child had consented to the sale or delivery.