CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 36 Leaving publications in certain places
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 36
Leaving publications in certain places(1) A person commits an offence if—
(a) the person leaves a publication in a public place or, displayed in a way that it can be seen by people in a public place; and
(b) the publication is a submittable publication or classified category 1 restricted, category 2 restricted or RC; and
(c) the person knows that the publication is a submittable publication or is so classified; and
(d) for a publication classified category 1 restricted—
(i) the public place is not a shop or stall; and
(ii) section 29 (1) is not complied with in relation to the publication; and
(e) for a publication classified category 2 restricted—the public place is not a restricted publications area.
Maximum penalty:
(a) for a publication classified category 1 restricted or category 2 restricted, or a submittable publication that is subsequently classified category 1 restricted or category 2 restricted—50 penalty units, imprisonment for 6 months or both; or
(b) for a publication classified RC, or a submittable publication that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if—
(a) the person leaves a publication on private premises, without the occupier's permission; and
(b) the publication is a submittable publication or classified category 1 restricted, category 2 restricted or RC; and
(c) the person knows that the publication is a submittable publication or is so classified.
Maximum penalty:
(a) for a publication classified category 1 restricted or category 2 restricted, or a submittable publication that is subsequently classified category 1 restricted or category 2 restricted—50 penalty units, imprisonment for 6 months or both; or
(b) for a publication classified RC, or a submittable publication that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both.
(3) This section does not apply if the publication was a submittable publication and, since the offence was alleged to have been committed, the publication has been classified unrestricted.