CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 53B Advertisement to contain determined markings and consumer advice

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 53B

    (1)     A person commits an offence if—

        (a)     the person publishes an advertisement for a classified film, a classified publication or a classified computer game; and

        (b)     the determined markings relevant to the classification of the film, publication or computer game, and relevant consumer advice (if any)—

              (i)     are not contained in the advertisement; or

              (ii)     are not displayed in the way determined under the Commonwealth Act, section 8 (Markings for classifications); or

              (iii)     are not clearly visible, having regard to the size and nature of the advertisement.

Maximum penalty: 10 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     Subsection (4) applies if—

        (a)     a film, publication or computer game is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years) or section 97A (Reclassification); or

        (b)     the board revokes a classification or consumer advice for a film, publication or computer game under the Commonwealth Act.

    (4)     A person does not commit an offence against this section in relation to the film, publication or computer game during the 30-day period after the decision to reclassify or revoke takes effect, if the film, publication or computer game displays the determined markings and consumer advice (if any) applying to the film, publication or computer game before the reclassification or revocation.