CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 35 Sale of restricted publications to child

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 35

    (1)     A person commits an offence if—

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

        (b)     the publication is classified RC or is a submittable publication.

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

    (2)     Absolute liability applies to the circumstance that the person to whom the publication is sold or delivered is a child.

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

        (a)     the person is a parent or guardian of the child; or

        (b)     the publication was a submittable publication and, since the offence was alleged to have been committed, the publication has been classified unrestricted.

    (4)     A person commits an offence if—

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

        (b)     the publication is classified category 1 restricted or category 2 restricted.

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

    (5)     Absolute liability applies to the circumstance that the person to whom the publication is sold or delivered is a child.

    (6)     Subsection (4) does not apply if the person is a parent or guardian of the child.

    (7)     It is a defence to a prosecution for an offence against this section if the defendant proves that—

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

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