South Australian Consolidated Acts

CLASSIFICATION OF THEATRICAL PERFORMANCES ACT 1978 - SECT 18

18—Children between age of two and eighteen years not to be admitted to restricted theatrical performance

        (1)         Where a child between the age of two years and eighteen years is in a theatre at any time when a restricted theatrical performance is taking place, or is about to take place, the promoter shall be guilty of an offence and liable to a penalty not exceeding fifty dollars.

        (2)         It shall be a defence to a prosecution under subsection (1) of this section that—

            (a)         the defendant took reasonable precautions designed to ensure that any such persons were not admitted to the theatre; or

            (b)         the defendant, or a person to whom the responsibility of admitting persons to the theatre was entrusted, believed on reasonable grounds that the child to whom the charge relates had not attained the age of two years, or had attained the age of eighteen years.

        (3)         Where a child between the age of sixteen years and eighteen years is in a theatre at any time when a restricted theatrical performance is taking place, or is about to take place, he shall be guilty of an offence and liable to a penalty not exceeding fifty dollars.

        (4)         A person who assists a child between the age of two and eighteen years to enter, or gain admission to a theatre in which a restricted theatrical performance is taking place, or is about to take place, he shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars.

        (5)         Where a restricted theatrical performance is taking place, or is about to take place in a theatre, the promoter, an employee of the promoter, or a member of the police force may—

            (a)         require any person who seeks admission to the theatre, or who is in the theatre to state his correct age; and

            (b)         where the promoter, employee, or member of the police force, suspects that the age as stated may be incorrect, require that person to produce satisfactory evidence of his age.

        (6)         Where a restricted theatrical performance is taking place, or is about to take place in a theatre, and the promoter, an employee of the promoter, or a member of the police force suspects upon reasonable grounds that a person who is in the theatre is between two and eighteen years of age he may—

            (a)         require that person to leave the theatre forthwith; and

            (b)         where that person fails to comply with that requirement, use reasonable force to remove that person from the theatre.

        (7)         Any statement or evidence obtained pursuant to a requirement under subsection (5) of this section shall be admissible in any legal proceedings against the person by whom the statement or evidence was made or furnished.

        (8)         Any person who fails to comply with a requirement under subsection (5) or subsection (6) of this section, or who, in response to such a requirement, makes a false statement, or furnishes false evidence, shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars.