Australian Capital Territory Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 30

Category 2 restricted publications

    (1)     A person commits an offence if—

        (a)     the person displays a publication that is classified category 2 restricted at a place; and

        (b)     the place is not a restricted publications area.

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

    (2)     A person commits an offence if—

        (a)     the person delivers a publication that is classified category 2 restricted to someone else; and

        (b)     the other person has not made a direct request for the publication.

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

    (3)     A person commits an offence if—

        (a)     the person delivers a publication that is classified category 2 restricted to someone else; and

        (b)     the publication is not contained in a package made of opaque material.

Maximum penalty: 30 penalty units.

    (4)     An offence against subsection (3) is a strict liability offence.

    (5)     A person commits an offence if—

        (a)     the person publishes a publication that is classified category 2 restricted; and

        (b)     the publication does not display the determined markings.

Maximum penalty: 30 penalty units.

    (6)     An offence against subsection (5) is a strict liability offence.

    (7)     Subsection (8) applies if—

        (a)     a publication is reclassified under the Commonwealth Act, 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).

    (8)     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.



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