Northern Territory Consolidated Acts Northern Territory Consolidated Acts56. Sale or delivery of Category 2 restricted publications
(1) A person must not sell or deliver a publication classified Category 2 restricted in a place that is not a restricted publications area.
Fault elements:
(a) intentionally selling or delivering the publication; and
(b) knowledge that the place is not a restricted publications area or recklessness as to that fact; and
(c) knowledge that, or recklessness as to whether, the publication is classified Category 2 restricted.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2) A person must not deliver a publication classified Category 2 restricted to another person who has not made a direct request for the publication.
Fault elements:
(a) intentionally delivering the publication to the person; and
(b) knowledge that the person has not made a direct request for the publication or recklessness as to that fact; and
(c) knowledge that, or recklessness as to whether, the publication is classified Category 2 restricted.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(3) A person must not deliver a publication classified Category 2 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 2 restricted.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(4) For subsection (3)(a), a package is plain even though it displays the title of the publication.
(5) Subsection (6) 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 or consumer advice for a publication under section 22B(3) of the Commonwealth Act.
(6) A person does not commit an offence against subsection (3) 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.