Northern Territory Consolidated Acts

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CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT - SECT 42

Private exhibition of certain films in presence of child

42. Private exhibition of certain films in presence of child

(1) A person must not exhibit a film in a private place if:

(a) the film is:

(i) classified RC, X 18+ or R 18+; or

(ii) unclassified but would, if classified, be classified RC, X 18+ or R 18+; and

(b) a child is present during any part of the exhibition.

Fault elements:

(a) intentionally exhibiting the film; and

(b) knowledge that, or recklessness as to whether, the film is classified RC, X 18+ or R 18+ or unclassified.

Maximum penalty: 100 penalty units or imprisonment for 12 months.

(2) Absolute liability applies to:

(a) if the film is unclassified - the circumstance that the film would, if classified, be classified RC, X 18+ or R 18+; and

(b) the circumstance that the person present is a child.

(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed, on reasonable grounds, that the child was an adult.



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