New South Wales Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 24

24 Certain publications not to be sold or shown to minors

(1) A person must not sell or deliver, or show, to a minor:

(a) a submittable publication, or

(b) a publication classified RC.

Maximum penalty: 150 penalty units or imprisonment for 2 years for an individual, 300 penalty units for a corporation.

(2) A person must 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.

Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.

(3) It is a defence to a prosecution for an offence under subsection (1) (a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted.

(4) It is a defence to a prosecution for an offence under subsection (2) to prove that:

(a) the minor, before being sold or delivered the publication, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 18 or older, or

(b) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was 18 or older.