Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 53

Misleading or deceptive advertisements

53. Misleading or deceptive advertisements



(1) A person must not publish an advertisement for an unclassified film or an
unclassified publication or an unclassified computer game with a marking that
indicates or suggests that the film or publication or computer game is
classified.

Penalty:

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

   (b)  in the case of a film subsequently classified X 18+-60 penalty units
        or imprisonment for 6 months;

   (c)  in any other case-

in the case of a natural person, 20 penalty units; in the case of a body
corporate, 50 penalty units.

(2) A person must not publish an advertisement for a classified film or a
classified publication or a classified computer game with a marking that
indicates or suggests that the film or publication or computer game is
unclassified or has a different classification.

Penalty:

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

   (b)  in the case of a film classified X 18+-60 penalty units or
        imprisonment for 6 months;

   (c)  in any other case-

in the case of a natural person, 20 penalty units; in the case of a body
corporate, 50 penalty units.

(3) If-

   (a)  a film, publication or computer game is reclassified under section 39
        or 97A of the Commonwealth Act; or

   (b)  the Board revokes a classification for a film, publication or computer
        game under section 22B(3) of that Act-

publication of the determined markings applicable to the film, publication or
computer game before that reclassification or revocation is sufficient
compliance with subsection (2) for a period of 14 days after the decision to
reclassify or revoke takes effect.