Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 30

Leaving publications in certain places

30. Leaving publications in certain places



(1) A person must not leave in a public place or display in such a manner as
to be visible to persons in a public place-

   (a)  a submittable publication; or





   (b)  a publication classified Category 1 restricted, Category 2 restricted
        or RC.

Penalty:

   (c)  if the publication is classified, or is subsequently classified,
        Category 1 restricted or Category 2 restricted-60 penalty units or
        imprisonment for 6 months;

   (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) to
prove that-

   (a)  since the offence was alleged to have been committed, the publication
        has been classified Unrestricted; or

   (b)  the defendant believed on reasonable grounds that the publication was
        not a submittable publication or a publication classified Category 1
        restricted, Category 2 restricted or RC, as the case may be; or

   (c)  in the case of a publication classified Category 1 restricted, the
        public place was a shop or stall and the publication and packaging
        complied with section 26; or

   (d)  in the case of a publication classified Category 2 restricted, the
        defendant believed on reasonable grounds that the public place was a
        restricted publications area.

(3) A person must not leave on private premises, without the occupier's
permission-

   (a)  a submittable publication; or





   (b)  a publication classified Category 1 restricted, Category 2 restricted
        or RC.

Penalty:

   (c)  if the publication is classified, or is subsequently classified,
        Category 1 restricted or Category 2 restricted-60 penalty units or
        imprisonment for 6 months;

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

(4) It is a defence to a prosecution for an offence against subsection (3)(a)
to prove that since the offence was alleged to have been committed, the
publication has been classified Unrestricted.

(5) It is a defence to a prosecution for an offence against subsection (3) to
prove that the defendant believed on reasonable grounds that the publication
was not a submittable publication or a publication classified Category 1
restricted, Category 2 restricted or RC, as the case may be.