Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 31

Possession or copying of publication for the purpose of publishing

31. Possession or copying of publication for the purpose of publishing



(1) A person must not possess or copy-

   (a)  a submittable publication; or

   (b)  a publication classified RC-

with the intention of selling the publication or the copy.

Penalty:

   (c)  if the publication 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 since the offence was alleged to have been committed the
publication has been classified Unrestricted.

(3) A person must not possess or copy 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)-

with the intention of selling the publications or the copies. Penalty: 1200
penalty units or imprisonment for 10 years.

(4) An offence against subsection (3) is an indictable offence.