Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 20

Sale or delivery of certain films to minors

20. Sale or delivery of certain films to minors



(1) A person must not sell or deliver to a minor a film classified RC or X 18+
or an unclassified film which would, if classified, be classified RC or X 18+.

Penalty:

   (a)  if the film is classified, or is subsequently classified, X 18+-60
        penalty units or imprisonment for 6 months;

   (b)  if the film is classified, or is subsequently classified, RC-240
        penalty units or imprisonment for 2 years.

(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.

Penalty: 30 penalty units.

(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)  in the case of delivery of a film classified R 18+, 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.

Penalty: 5 penalty units.

(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.

Penalty: 10 penalty units.

(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.

Division 3-Miscellaneous