CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 53C Misleading or deceptive advertisements
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 53C
Misleading or deceptive advertisements(1) A person commits an offence if—
(a) the person publishes an advertisement for an unclassified film, an unclassified publication, or an unclassified computer game, with a marking; and
(b) the marking indicates or suggests that the film, publication or computer game is classified.
Maximum penalty: 30 penalty units.
(2) For subsection (1), if a person publishes an advertisement at the request of someone else, the other person alone is taken to have published it.
(3) A person commits an offence if—
(a) the person publishes an advertisement for a classified film, a classified publication, or a classified computer game, with a marking; and
(b) the marking indicates or suggests that the film, publication or computer game is unclassified or has a different classification.
Maximum penalty: 30 penalty units.
(4) An offence against this section is a strict liability offence.
(5) Subsection (6) 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, section 22B (3) (Classification of a publication, film or computer game that may be the same as or similar to a classified item) or section 22CH (1) (Revocation of classification by approved classification tool).
(6) A person does not commit an offence against subsection (3) 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.