Northern Territory Consolidated Acts

CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT - SECT 55

(1) A person must not sell or deliver a publication classified Category 1 restricted unless:

(a) the publication is contained in a sealed package made of plain opaque material; and

(b) both the publication and the package bear the determined markings relevant to the publication's classification.

Fault elements:

(a) intentionally selling or delivering the publication; and

(b) knowledge that, or recklessness as to whether, the publication is classified Category 1 restricted.

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

(2) Subject to any condition imposed by the National Board under section 13A of the Commonwealth Act, the requirement that the package must be sealed does not apply if the sale or delivery takes place in a restricted publications area.

(3) For subsection (1)(a), a package is plain even though it displays the title of the publication.

(4) Subsection (5) applies if:

(a) a publication is reclassified under section 39 or 97A of the Commonwealth Act; or

(b) a publication is reclassified by a decision of the Review Board under Part 5 of the Commonwealth Act; or

(c) the National Board revokes a classification for a publication under section 22B(3) of the Commonwealth Act.

(5) A person does not commit an offence against subsection (1) in relation to the publication during the 30-day period after the decision to reclassify or revoke takes effect, if the publication displays the determined markings applying to the publication immediately before the reclassification or revocation.