Australian Capital Territory Consolidated Acts

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

    (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

              (ii)     an unclassified computer game; and

        (d)     for an unclassified computer game—the computer game is subsequently classified RC.

Maximum penalty: 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.

    (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.