CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 34 Misleading or deceptive markings

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 34

    (1)     A person commits an offence if—

        (a)     the person publishes an unclassified publication with a marking, or in packaging with a marking; and

        (b)     the marking indicates or suggests that the publication has been classified.

Maximum penalty: 30 penalty units.

    (2)     A person commits an offence if—

        (a)     the person publishes a classified publication with a marking, or in packaging with a marking; and

        (b)     the marking indicates or suggests that the publication is unclassified or has a different classification.

Maximum penalty: 30 penalty units.

    (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.