Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 30

             (1)  The Director may, by notice in writing given to:

                     (a)  the publisher of a publication that:

                              (i)  the Director has reasonable grounds to believe is a submittable publication; and

                             (ii)  is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

                     (b)  the publisher of a film that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

                     (c)  the publisher of a computer game that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory;

require the publisher to submit to the Board for approval a copy of every advertisement used or intended to be used in connection with the publishing.

             (2)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  20 penalty units.

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

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (4)  It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that he or she did not intend to:

                     (a)  publish the publication, film or computer game in the Australian Capital Territory; or

                     (b)  cause, authorise, permit or licence the publication, film or computer game to be published in the Australian Capital Territory.