Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsPenalty: 5 penalty units.
29. (1) A person shall not, without reasonable excuse, publish an unclassified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication has been classified.
Penalty: 30 penalty units.
(2) A person shall not, without reasonable excuse, publish a classified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication is unclassified or has a different classification.
Penalty: 30 penalty units.
(3) If a publication is reclassified under section 39 of the Commonwealth Act, it is sufficient compliance with this section for a period of 30 days after the decision to reclassify takes effect if the publication bears the determined markings applicable to the publication before reclassification.
30. (1) A person shall not sell or deliver to a minor a publication classified RC or a submittable publication, unless the person is a parent or guardian of the minor.
Penalty: 100 penalty units or imprisonment for 12 months, or both.
(2) A person shall not sell or deliver to a minor a publication classified Category 1 restricted or Category 2 restricted, unless the person is a parent or guardian of the minor.
Penalty: 50 penalty units or imprisonment for 6 months, or both.
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that—
(a) that the minor produced to the defendant acceptable proof of age before the defendant sold or delivered the publication to the minor and the defendant believed on reasonable grounds that the minor was an adult;
(b) that the defendant did not know, and could not reasonably have known, that the publication was classified Category 1 restricted or Category 2 restricted; or
(c) in the case of a submittable publication—that, since the offence was alleged to have been committed, the publication has been classified Unrestricted.
31. (1) A person shall not leave in a public place or display in such a manner as to be visible to persons in a public place—
(a) a submittable publication; or
(b) a publication classified Category 1 restricted, Category 2 restricted or RC;
knowing that it is such a publication.
Penalty:
(a) in the case of a publication classified Category 1 restricted or Category 2 restricted, or a submittable publication which is subsequently classified Category 1 restricted or Category 2 restricted—50 penalty units or imprisonment for 6 months, or both;
(b) in the case of a publication classified RC, or a submittable publication which is subsequently classified RC—100 penalty units or imprisonment for 12 months, or both.
(2) It is a defence to a prosecution for an offence against subsection (1) to prove that—
(a) since the offence was alleged to have been committed, the publication has been classified Unrestricted;
(b) in the case of a publication classified Category 1 restricted—the public place was a shop or stall and the publication and packaging complied with subsection 26 (1); or
(c) in the case of a publication classified Category 2 restricted—the defendant believed on reasonable grounds that the public place was a restricted publications area.
(3) A person shall not leave on private premises, without the occupier's permission—
(a) a submittable publication; or
(b) a publication classified Category 1 restricted, Category 2 restricted or RC;
knowing that it is such a publication.
Penalty:
(a) in the case of a publication classified Category 1 restricted or Category 2 restricted, or a submittable publication which is subsequently classified Category 1 restricted or Category 2 restricted—50 penalty units or imprisonment for 6 months, or both;
(b) in the case of a publication classified RC, or a submittable publication which is subsequently classified RC—100 penalty units or imprisonment for 12 months, or both.
(4) It is a defence to a prosecution for an offence against paragraph (3) (a) to prove that, since the offence was alleged to have been committed, the publication has been classified Unrestricted.
32. (1) A person shall not possess or copy (other than for the purposes of classification or law enforcement)—
(a) a submittable publication; or
(b) a publication classified RC;
with the intention of selling the publication or the copy.
Penalty:
(a) in the case of a submittable publication—50 penalty units or imprisonment for 6 months, or both;
(b) in the case of a publication classified RC—100 penalty units or imprisonment for 12 months, or both.
(2) It is a defence to a prosecution for an offence against subsection (1) to prove that, since the offence was alleged to have been committed, the publication has been classified Unrestricted, Category 1 restricted or Category 2 restricted.
(3) In proceedings for an offence against this section, evidence that a person made 10 or more copies of an unclassified publication is evidence that the person intended to sell the publication and, in the absence of evidence to the contrary, is proof of that fact.