Northern Territory Consolidated Acts

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CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT - SECT 44

Attendance of child at MA 15+ films - offence by exhibitor

44. Attendance of child at MA 15+ films - offence by exhibitor

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

(a) the film is classified MA 15+; and

(b) a child under 15 years of age is present during any part of the exhibition; and

(c) the child is not accompanied by a parent or guardian of the child.

Fault elements:

(a) intentionally exhibiting the film; and

(b) knowledge that the child is not accompanied by a parent or guardian or recklessness as to that fact.

Maximum penalty: 20 penalty units.

(2) For subsection (1), a child is accompanied by a parent or guardian despite the temporary absence of the parent or guardian from the exhibition of the film.

(3) Absolute liability applies to the circumstance that the person present is under 15 years of age.

(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:

(a) the defendant took all reasonable steps to ensure the child was not present in contravention of the subsection; or

(b) the defendant believed, on reasonable grounds, that the child was at least 15 years of age; or

(c) the defendant believed, on reasonable grounds, that the person accompanying the child was a parent or guardian of the child.



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