CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 36

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 36

36—Attendance of minor at MA 15+ film—offence by exhibitor

        (1)         A person must not exhibit in a public place a film classified MA 15+ if—

            (a)         a minor under 15 is present during any part of the exhibition; and

            (b)         the minor is not accompanied by his or her parent or guardian.

Maximum penalty: $1 250.

        (2)         For the purposes of subsection (1)—

            (a)         a minor does not cease to be accompanied if his or her parent or guardian is temporarily absent from the exhibition of the film in order to use refreshment or other facilities provided within the premises in which the film is being exhibited for persons attending the exhibition of the film; and

            (b)         an offence is committed in respect of each unaccompanied minor present at the exhibition of the film.

        (3)         It is a defence to a prosecution for an offence against subsection (1) to prove that—

            (a)         the defendant or the defendant's employee or agent took all reasonable steps to ensure that a minor was not present in contravention of subsection (1); or

            (b)         the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was 15 or older; or

            (c)         the defendant or the defendant's employee or agent believed on reasonable grounds that the person accompanying the minor was the minor's parent or guardian.