Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 62

Calling in advertisements

62. Calling in advertisements



(1) The Director may, by notice in writing given to-

   (a)  the publisher of a publication that-

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

   (ii) is being published in Victoria, or the Director has reasonable grounds
        to believe will be published in Victoria; or

   (b)  the publisher of a film that is being published in Victoria, or that
        the Director has reasonable grounds to believe will be published in
        Victoria; or

   (c)  the publisher of a computer game that is being published in Victoria,
        or that the Director has reasonable grounds to believe will be
        published in Victoria-

require the publisher to submit to the Board for approval a copy of every
advertisement used or intended to be used in connection with the publishing.

(2) 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.

(3) It is a defence to a prosecution for an offence against subsection (2) to
prove that the defendant did not intend-

   (a)  to publish the publication, film or computer game in Victoria; or

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