AustLII Tasmanian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 78

78. Evidence

      (1) In any proceedings for an offence against this Act –

(a) a certificate signed or purporting to be signed by the Director or Deputy Director and stating that –

(i) a publication, film or computer game is, or was on a specified date, classified as specified in the certificate; or

(ia) a publication, film or computer game was not, at a date specified in the certificate, classified under the Commonwealth Act or was, at a date specified in the certificate, classified under the Commonwealth Act at a classification specified in the certificate; or

(ii) a publication, film or computer game is not classified, or is not classified at a classification specified in the certificate; or

(iii) an advertisement described in the certificate is approved or has been refused approval or has not been approved –

is evidence of the facts stated in the certificate; and

(b) .  .  .  .  .  .  .  .  

      (2) A court that convicts or finds a person guilty of an offence against this Act may, on the application of the prosecutor, make an order that the person must pay, by way of costs, either or both of the following:

(a) the amount of any fee incurred in obtaining a certificate under subsection (1)(a) for the purposes of prosecuting the offence;

(b) the amount of any fee incurred by the prosecution for classification.

      (3) An order under subsection (2) is in addition to any other penalty the court may impose.



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