Northern Territory Consolidated Acts

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CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT - SECT 88

Advertisements and X 18+ films

88. Advertisements and X 18+ films

(1) A person (the first person ) commits an offence if:

(a) an advertisement for a film classified R 18+ is published in a publication; and

(b) another person responds to the advertisement; and

(c) the first person sells a film classified X 18+ to the other person.

Fault elements:

(a) intentionally selling the film; and

(b) knowledge that, or recklessness as to whether, the film sold is classified X 18+.

Maximum penalty: 50 penalty units.

(2) A person must not publish an advertisement for a film classified X 18+ if the advertisement explicitly depicts or describes sexual acts or fetishes.

Fault element: Strict liability offence.

Maximum penalty: 50 penalty units.

(3) For subsection (2), if a person publishes an advertisement at the request of another person, the other person alone is taken to have published it.

(4) Subsection (2) does not apply if:

(a) the advertisement is contained in a sealed package made of plain opaque material prominently displaying the words "WARNING: SEXUALLY EXPLICIT ADVERTISING", or words to that effect, on the outside of the package; and

(b) the package is contained in another sealed package made of plain opaque material.



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