Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(a) an unclassified computer game which is subsequently classified RC or MA (15+);
(b) a computer game classified RC or MA (15+).
Penalty:
(a) in the case of a computer game classified RC or an unclassified computer game which is subsequently classified RC —100 penalty units or imprisonment for 12 months, or both;
(b) in the case of a computer game classified MA (15+) or an unclassified computer game which is subsequently classified MA (15+)—20 penalty units.
38. (1) A person shall not demonstrate in a place other than a public place, in the presence of a minor, a computer game classified RC or an unclassified computer game which is subsequently classified RC.
Penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) to prove that—
(a) the defendant believed on reasonable grounds that the minor was an adult; or
(b) the defendant was the parent or guardian of the minor.
39. (1) A person shall not, without reasonable excuse, sell a computer game unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the computer game.
Penalty: 10 penalty units.
(2) A person shall not, without reasonable excuse, sell an unclassified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game has been classified.
Penalty: 30 penalty units.
(3) A person shall not, without reasonable excuse, sell a classified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification.
Penalty: 30 penalty units.
(4) If a computer game is reclassified under section 39 of the Commonwealth Act, display of the determined markings and consumer advice applicable to the computer game before classification is sufficient compliance with this section for a period of 30 days after the decision to reclassify takes effect.
40. (1) If a person keeps or possesses an unclassified computer game or a computer game classified RC on any premises where classified computer games are sold or demonstrated, the person and the occupier of the premises are each guilty of an offence punishable, on conviction, by a fine not exceeding 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 the defendant did not know, or could not reasonably have known, that—
(a) the computer game was on the premises; or
(b) the computer game was an unclassified computer game or a computer game classified RC.
41. (1) A person shall not, without reasonable excuse, sell or deliver to a minor a computer game classified RC or an unclassified computer game which is subsequently classified RC.
Penalty: 100 penalty units or imprisonment for 12 months, or both.
(2) A person shall not sell or deliver to a minor who is under 15 years of age a computer game classified MA (15+) or an unclassified computer game which is subsequently classified MA (15+), unless the person is a parent or guardian of the minor.
Penalty: 20 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) to prove that—
(a) the defendant believed on reasonable grounds that—
(i) the person was 15 years of age or older; or
(ii) the parent or guardian of the minor had consented to the sale or delivery; or
(b) the defendant did not know, or could not reasonably have known, that—
(i) the computer game was classified MA (15+); or
(ii) in the case of an unclassified film which is subsequently classified MA (15+)—it would subseqsuently be so classified.