CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 84

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 84

84—Protection for classified material against prosecutions under indecency etc laws

        (1)         Despite any law relating to obscenity, indecency, offensive materials or blasphemy, a person does not commit an offence against any such law by producing or taking part in the production of, publishing, distributing, selling, exhibiting, displaying, delivering or otherwise dealing with or being associated with a publication, film or computer game that is classified (whether at the time of the alleged offence or subsequently).

        (2)         Subsection (1) does not apply to—

            (a)         a film that is classified RC or X 18+ at the time of the alleged offence;

            (b)         a publication that is classified RC at the time of the alleged offence;

            (c)         a computer game that is classified RC at the time of the alleged offence.

        (3)         Subsection (1) does not apply to—

            (a)         a film that is not classified at the time of the alleged offence but is subsequently classified RC or X 18+;

            (b)         a publication that is not classified at the time of the alleged offence but is subsequently classified RC;

            (c)         a computer game that is not classified at the time of the alleged offence but is subsequently classified RC.

        (4)         Subsection (1) does not relieve a person from an obligation to comply with a provision of this Act.

        (5)         The burden of proving that subsection (1) is applicable in proceedings for an offence relating to obscenity, indecency, offensive materials or blasphemy lies on the defendant.