Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 23

Possession or copying of film for the purpose of sale or exhibition

23. Possession or copying of film for the purpose of sale or exhibition



(1) A person who possesses-

   (a)  a film classified RC or X 18+; or





   (b)  an unclassified film which would, if classified, be classified RC, X
        18+, R 18+ or MA 15+-

with the intention of selling or exhibiting the film is guilty of an offence.

(2) A person who copies-

   (a)  a film classified RC or X 18+; or





   (b)  an unclassified film which would, if classified, be classified RC, X
        18+, R 18+ or MA 15+-

with the intention of selling or exhibiting the film or the copy is guilty of
an offence.

(3) In proceedings for an offence against this section, evidence that a person
made 10 or more copies of an unclassified film is evidence that the person
intended to sell or exhibit the film and, in the absence of evidence to the
contrary, is proof of that fact.

(4) A person who is guilty of an offence against this section is liable on
conviction to-

   (a)  if the film is classified, or is subsequently classified, R 18+ or MA
        15+-a fine not exceeding 10 penalty units;

   (b)  if the film is classified, or is subsequently classified, X 18+-a fine
        not exceeding 60 penalty units or imprisonment not exceeding 6 months;

   (c)  if the film is classified, or is subsequently classified, RC-a fine
        not exceeding 240 penalty units or imprisonment not exceeding 2 years.