New South Wales Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 9

9 Sale of certain films to minors prohibited

(1) A person must not sell or deliver to a minor a film classified RC or X 18+ or an unclassified film that would, if classified, be classified RC or X 18+.

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 film classified R 18+, or an unclassified film that would, if classified, be classified R 18+, 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 (2) to prove that:

(a) the minor, before being sold or delivered the film, 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 an adult, or

(c) the minor was employed by the defendant and the delivery took place in the course of that employment.

(4) A person must not sell or deliver to a minor under 15 a film classified MA 15+ unless the person is a parent or guardian of the minor.

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

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

(a) the minor, before being sold the film, 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 15 or older, or

(b) the defendant or the defendant’s employee or agent believed on reasonable grounds that the minor was 15 or older, or

(c) the parent or guardian of the minor had consented to the sale.