CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 42

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 42

42—Sale or delivery of certain films to minors

        (1)         A person must not sell or deliver to a minor—

            (a)         an unclassified film that would, if classified, be classified RC or X 18+; or

            (b)         a film classified RC or X 18+.

Maximum penalty: $20 000.

        (2)         A person must not sell or deliver to a minor a film classified R 18+ unless the person is a parent or guardian of the minor.

Maximum penalty: $5 000.

        (3)         It is a defence to a prosecution for an offence against subsection (2) to prove that—

            (a)         the minor produced to the defendant or the defendant's employee or agent acceptable proof of age before the defendant sold or delivered the film to the minor and the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was an adult; or

            (b)         the minor was employed by the defendant or the defendant's employer and the delivery took place in the course of that employment.

        (4)         A minor who is 15 or older must not buy a film classified RC, X 18+ or R 18+, knowing that it is so classified.

Maximum penalty: $750.

        (5)         A person must not sell or deliver to a minor under 15 a film classified MA 15+ unless the person is a parent or guardian of the minor.

Maximum penalty: $1 250.

        (6)         It is a defence to a prosecution for an offence against subsection (5) to prove that the defendant or the defendant's employee or agent believed on reasonable grounds that—

            (a)         the minor was 15 or older; or

            (b)         the parent or guardian of the minor had consented to the sale or delivery.