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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 43 Private demonstration of RC or R 18+ computer games in presence of

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 43

Private demonstration of RC or R 18+ computer games in presence of child

    (1)     A person commits an offence if—

        (a)     the person demonstrates a computer game in a place other than a public place; and

        (b)     a child is present during any part of the demonstration; and

        (c)     the computer game is—

              (i)     classified RC or R 18+; or

              (ii)     an unclassified computer game; and

        (d)     for an unclassified computer game—the computer game is subsequently classified RC or R 18+.

Maximum penalty:

        (a)     for a computer game classified RC or an unclassified computer game that is subsequently classified RC—50 penalty units; or

        (b)     for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units.

    (2)     Absolute liability applies to—

        (a)     the circumstance that the person present is a child; and

        (b)     subsection (1) (d).

    (3)     This section does not apply if—

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

        (b)     the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified RC or R 18+.

    (4)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed, on reasonable grounds, that the child was an adult.