Northern Territory Consolidated Acts

CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT - SECT 50

(1) A person must not sell or deliver a film to a child if:

(a) the film is classified RC, X 18+ or R 18+; or

(b) unclassified but would, if classified, be classified RC, X 18+ or R 18+.

Fault elements:

(a) intentionally selling or delivering 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: For a film classified RC, or an unclassified film that would, if classified, be classified, RC:

200 penalty units or imprisonment for 2 years.

For another film:

100 penalty units or imprisonment for 12 months.

(2) Absolute liability applies to:

(a) the circumstance that the person to whom the film is sold or delivered is a child; and

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

(3) Subsection (1) does not apply if:

(a) the film is classified R 18+; and

(b) the child is at least 15 years of age; and

(c) the person who sells or delivers the film to the child is a parent or guardian of the child.

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

(a) the defendant proves that:

(i) the child produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the child; and

(ii) the defendant believed, on reasonable grounds, that the child was an adult; or

(b) for the delivery of a film classified R 18+ - the defendant proves that the child was employed by the defendant and the delivery took place in the course of employment.

(5) A child commits an offence if:

(a) the child is at least 15 years of age; and

(b) the child buys a film classified RC, X 18+ or R 18+.

Fault element: Knowledge that the film is classified RC, X 18+ or R 18+.

Maximum penalty: 50 penalty units.

(6) A person must not sell or deliver a film to a child under 15 years of age if the film is:

(a) classified MA 15+; or

(b) unclassified but would, if classified, be classified MA 15+.

Fault elements:

(a) intentionally selling or delivering the film; and

(b) knowledge that, or recklessness as to whether, the film is classified MA 15+ or unclassified.

Maximum penalty: 50 penalty units.

(7) Absolute liability applies to:

(a) the circumstance that the person to whom the film is sold or delivered is under 15 years of age; and

(b) if the film is unclassified - the circumstance that the film would, if classified, be classified MA 15+.

(8) Subsection (6) does not apply if the person who sells or delivers the film to the child is a parent or guardian of the child.

(9) It is a defence to a prosecution for an offence against subsection (6) if the defendant proves that the defendant believed, on reasonable grounds, that:

(a) the child was at least 15 years of age; or

(b) a parent or guardian of the child had consented to the sale or delivery.