CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 53E Advertisements and X 18+ films

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

    (1)     A person commits an offence if—

        (a)     an advertisement for a film classified R 18+ is published in a publication; and

        (b)     someone responds to the advertisement; and

        (c)     the person sells a film classified X 18+ to the other person.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person commits an offence if—

        (a)     the person publishes an advertisement for a film classified X 18+; and

        (b)     the advertisement explicitly depicts or describes sexual acts or fetishes.

Maximum penalty: 30 penalty units.

    (3)     For subsection (2), if a person publishes an advertisement at the request of someone else, the other person alone is taken to have published it.

    (4)     An offence against subsection (2) is a strict liability offence.

    (5)     Subsection (2) does not apply if—

        (a)     the advertisement is in a publication that is classified category 2 restricted; and

        (b)     the publication is contained in a sealed package made of plain opaque material displaying the words ‘WARNING: SEXUALLY EXPLICIT ADVERTISING', or words to that effect, on the outside of the package; and

        (c)     the package is contained in another sealed package made of plain opaque material.