Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 25

PART 3 PUBLICATIONS

Sale of unclassified or RC publications

25. Sale of unclassified or RC publications



(1) A person must not sell or deliver (other than for the purpose of
classification or law enforcement)-

   (a)  a submittable publication; or

   (b)  a publication classified RC.

Penalty:

   (c)  if the publication is subsequently classified Category 1 restricted or
        Category 2 restricted-60 penalty units;

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

(2) It is a defence to a prosecution for an offence against subsection (1)(a)
to prove that since the offence was alleged to have been committed the
publication has been classified Unrestricted.

(3) It is a defence to a prosecution for an offence against subsection (1) to
prove that the defendant believed on reasonable grounds that the publication
was not a submittable publication or a publication classified RC, as the case
may be.

(4) A person must not sell a commercial quantity of-

   (a)  publications classified RC; or

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

   (c)  publications that are a mixture of publications referred to in
        paragraphs (a) and (b).

Penalty: 1200 penalty units or imprisonment for 10 years.

(5) An offence against subsection (4) is an indictable offence.