Victorian Consolidated Legislation

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

Possession or copying of commercial quantity of RC or X 18+ films

23A. Possession or copying of commercial quantity of RC or X 18+ films



(1) A person who possesses a commercial quantity of-

   (a)  films classified RC; or

   (b)  unclassified films which would, if classified, be classified RC; or

   (c)  films that are a mixture of films referred to in paragraphs (a) and
        (b)-

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

(2) A person who copies a commercial quantity of-

   (a)  films classified RC; or

   (b)  unclassified films which would, if classified, be classified RC; or

   (c)  films that are a mixture of films referred to in paragraphs (a) and
        (b)-

with the intention of selling or exhibiting the films or the copies is guilty
of an indictable offence.

(3) A person who is guilty of an offence against subsection (1) or (2) is
liable to a term of imprisonment not exceeding 10 years or to a fine not
exceeding 1200 penalty units.



(4) A person who possesses a commercial quantity of-

   (a)  films classified X 18+; or





   (b)  unclassified films which would, if classified, be classified X 18+; or



   (c)  films that are a mixture of films referred to in paragraphs (a) and
        (b)-

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

(5) A person who copies a commercial quantity of-

   (a)  films classified X 18+; or





   (b)  unclassified films which would, if classified, be classified X 18+; or



   (c)  films that are a mixture of films referred to in paragraphs (a) and
        (b)-

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

(6) A person who is guilty of an offence against subsection (4) or (5) is
liable to a fine not exceeding 240 penalty units.

(7) In proceedings for an offence against a provision of this section,
evidence that a person made 50 or more copies of an unclassified film is
evidence that the person intended to sell or exhibit the films and, in the
absence of evidence to the contrary, is proof of that fact.