South Australian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 24A

24A—Calling in publications, films and computer games

        (1)         If a publication, film or computer game is being published in South Australia or the Council or the Minister has reasonable grounds to believe that it will be published in South Australia, the Council or the Minister (as the case may require) may, by notice in writing given to the publisher of the publication, film or computer game, require the publisher to submit to the Council or the Minister—

            (a)         a copy of the publication, film or computer game; and

            (b)         in the case of a computer game any part of which is likely to be regarded as containing contentious material—

                  (i)         particulars of that material and of the means by which access to it may be gained; or

                  (ii)         a separate recording of that material,

for the purpose of classifying or reclassifying the publication, film or computer game or determining whether the publication, film or computer game should be classified or reclassified.

        (2)         A notice given by the Council under subsection (1) must be signed by the Registrar or a Council member on behalf of the Council.

        (3)         The Council or the Minister (as the case may require) must cause notice of a decision under subsection (1) to be published in the Gazette.

        (4)         A person to whom a notice under this section is given must, within three business days after receiving the notice, comply with the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

        (5)         It is a defence to a prosecution for an offence against subsection (4) to prove that—

            (a)         the defendant did not intend—

                  (i)         to publish the publication, film or computer game in South Australia; or

                  (ii)         to cause, authorise, permit or license the publication, film or computer game to be published in South Australia; or

            (b)         in the case of a publication, film or computer game that was classified at the time at which the notice was given—the defendant did not have a copy of the publication, film or computer game.



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