Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 33

Display of certain parts of publications and advertisements

33. Display of certain parts of publications and advertisements



(1) A person must not exhibit or display for sale in a public place to which
minors have access any publication or advertisement for a publication if any
part of that publication or advertisement depicts or deals with nudity, sex,
drug misuse, crime, cruelty, violence or revolting phenomena in a manner that
a reasonable adult would consider unsuitable for general public display
unless-

   (a)  that part of the publication or advertisement is concealed by a cover;
        or

   (b)  the publication or advertisement is displayed in a rack that conceals
        that part; or

   (c)  for some other reason that part of the publication or advertisement
        cannot be seen without being handled.

Penalty: 10 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) to
prove that the defendant or the defendant's employee or agent took reasonable
precautions to ensure that the publication or advertisement was not exhibited
or displayed in contravention of subsection (1).

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