• Specific Year
    Any

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 29 Category 1 restricted publications

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 29

Category 1 restricted publications

    (1)     A person commits an offence if—

        (a)     the person sells or delivers a publication classified category 1 restricted; and

        (b)     the publication—

              (i)     does not display the determined markings; or

              (ii)     is not contained in a sealed package; and

        (c)     if the publication is contained in a package made of opaque material—the package does not display the determined markings.

Maximum penalty: 30 penalty units.

    (2)     However, subsection (1) (b) (ii) does not apply to the sale or delivery of the publication if—

        (a)     the sale or delivery takes place in a restricted area; and

        (b)     on delivery, the publication is contained in a package made of opaque material; and

        (c)     the conditions (if any) imposed by the board under the Commonwealth Act, section 13A (2) (Conditions of certain classifications for publications) are complied with.

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

    (4)     Subsection (5) applies if—

        (a)     a publication 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 for a publication under the Commonwealth Act, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item) or section 22CH (1) (Revocation of classification by approved classification tool).

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