Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 45

Possession or copying of computer game for the purpose of sale or demonstration

45. Possession or copying of computer game for the purpose of sale or
demonstration



(1) A person must not possess-

   (a)  a computer game classified RC; or

   (b)  an unclassified computer game-

with the intention of selling or demonstrating the computer game.

Penalty:

   (c)  if the computer game is subsequently classified MA 15+-60 penalty
        units or imprisonment for 6 months;

   (d)  if the computer game is classified, or is subsequently classified,
        RC-240 penalty units or imprisonment for 2 years;

   (e)  in any other case-30 penalty units.





(2) A person must not copy-

   (a)  a computer game classified RC; or

   (b)  an unclassified computer game-

with the intention of selling or demonstrating the computer game or the copy.

Penalty:

   (c)  if the computer game is subsequently classified MA 15+-60 penalty
        units or imprisonment for 6 months;

   (d)  if the computer game is classified, or is subsequently classified,
        RC-240 penalty units or imprisonment for 2 years;

   (e)  in any other case-30 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (1) or
(2) to prove that since the offence was alleged to have been committed the
computer game has been classified M, PG or G.

(4) In proceedings for an offence against this section, evidence that a person
made 10 or more copies of an unclassified computer game is evidence that the
person intended to sell or demonstrate the computer game and, in the absence
of evidence to the contrary, is proof of that fact.