New South Wales Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 25

25 Leaving publications in certain places

(1) A person must 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.

Maximum penalty:

• in the case of a publication classified Category 1 restricted (or a submittable publication that is subsequently classified Category 1 restricted)-20 penalty units for an individual, 50 penalty units for a corporation

• in the case of a publication classified Category 2 restricted (or a submittable publication that is subsequently classified Category 2 restricted)-50 penalty units for an individual, 100 penalty units for a corporation

• in the case of a publication classified RC (or a submittable publication that is subsequently classified RC)-100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.

(2) It is a defence to a prosecution for an offence under subsection (1) to prove that:

(a) since the offence was alleged to have been committed the publication has been classified Unrestricted, or

(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 section 20, 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 must 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.

Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation.

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