Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 60

PART 7 CALL-IN PROVISIONS

Calling in submittable publications for classification

60. Calling in submittable publications for classification



(1) If-

   (a)  the Director has reasonable grounds to believe that a publication is a
        submittable publication; and

   (b)  the publication is being published in Victoria, or the Director has
        reasonable grounds to believe that it will be published in Victoria-

the Director may, by notice in writing given to the publisher of the
publication, require the publisher to submit an application for classification
of the publication, or of subsequent issues of the publication, by the Board.

(2) The Director must cause notice of a decision under subsection (1) to be
published in the Commonwealth Gazette.

(3) A person to whom a notice under this section is given must, within 3
business days after receiving the notice, comply with the notice.

Penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (3) to
prove that the defendant did not intend-

   (a)  to publish the publication in Victoria; or

   (b)  to cause, authorise, permit or license the publication to be published
        in Victoria.