CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 37 Possessing or copying publication for purpose of publishing

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 37

    (1)     A person commits an offence if—

        (a)     the person possesses or copies—

              (i)     a submittable publication; or

              (ii)     a publication classified RC; and

        (b)     the person intends to sell the publication or copy.

Maximum penalty:

        (a)     for a submittable publication—50 penalty units, imprisonment for 6 months or both; or

        (b)     for a publication classified RC—100 penalty units, imprisonment for 1 year or both.

    (2)     This section does not apply if—

        (a)     the person possesses or copies the publication for classification or law enforcement; or

        (b)     the publication was a submittable publication and, since the offence was alleged to have been committed, the publication has been classified unrestricted, category 1 restricted or category 2 restricted.

    (3)     If, in a prosecution for an offence against this section, it is proved that the defendant made 10 or more copies of a submittable publication or a publication classified RC, it is presumed, unless the contrary is proved, that the defendant intended to sell the publication.