Northern Territory Consolidated Acts

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CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT - SECT 61

Leaving or display publications in certain places

61. Leaving or display publications in certain places

(1) A person commits an offence if:

(a) the person:

(i) leaves a publication in a public place; or

(ii) leaves a publication in a private place without the occupier's permission; or

(iii) displays a publication so that it can be seen from a public place; and

(b) the publication is:

(i) a submittable publication; or

(ii) classified Category 1 restricted, Category 2 restricted or RC.

Fault elements:

(a) intentionally leaving or displaying the publication; and

(b) for paragraph (a)(ii) - knowledge that the occupier has not given permission to leave the publication in the place or recklessness as to that fact; and

(c) for paragraph (a)(iii) - knowledge that, or recklessness as to whether, the publication can be seen from a public place; and

(d) knowledge that the publication is:

(i) a submittable publication; or

(ii) classified Category 1 restricted, Category 2 restricted or RC.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(2) Subsection (1) does not apply if the publication:

(a) is classified Category 1 restricted and both of the following apply:

(i) the public place is a shop or stall;

(ii) section 55 is complied with in relation to the publication; or

(b) is classified Category 2 restricted and the public place is a restricted publications area.

(3) It is a defence to a prosecution for an offence against subsection (1) in relation to a submittable publication if the defendant proves that, since the offence was alleged to have been committed, the publication has been classified Unrestricted.



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