New South Wales Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 46

46 Calling in submittable publications for classification

(1) If:

(a) the Director has reasonable grounds to believe that a publication is a submittable publication, and

(b) the publication is being published in New South Wales, or the Director has reasonable grounds to believe that it will be published in New South Wales,

the Director may, by notice in writing given to the publisher of the publication, require the publisher to submit an application under the Commonwealth Act for classification of the publication (or of subsequent issues of the publication).

(2) A person to whom such a notice is given must comply with the notice within 3 business days after it is given.

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

(3) The Director is required to publish in the Commonwealth Gazette a notice about the Director’s decision under subsection (1) requiring the publisher to submit an application.

(4) It is a defence to a prosecution for an offence under this section to prove that the defendant did not intend to publish the publication (or cause it to be published) in New South Wales.