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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 52

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 52

52—Leaving or displaying publications in certain places

        (1)         A person must not leave in a public place or, without the occupier's permission, on private premises, or display in such a manner as to be visible to persons in a public place, a publication classified RC or Category 2 restricted, knowing that it is such a publication.

Maximum penalty: $10 000.

        (2)         A person must not leave in a public place or, without the occupier's permission, on private premises, or display in such a manner as to be visible to persons in a public place—

            (a)         a submittable publication; or

            (b)         a publication classified Category 1 restricted,

knowing that it is such a publication.

Maximum penalty: $5 000.

        (3)         It is a defence to a prosecution for an offence against subsection (1) to prove, in a case where a publication classified Category 2 restricted was left or displayed in a public place, that the defendant believed on reasonable grounds that the public place was a restricted publications area.

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

            (a)         that since the offence was alleged to have been committed, the publication has been classified Unrestricted; or

            (b)         in a case where a publication classified Category 1 restricted was left or displayed in a public place, that the public place was a shop or stall and the requirements under this Part for packaging and markings were complied with in relation to the publication.