Western Australian Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 102A

102A .         Calling in submittable publications for classification

        (1)         If —

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

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

                the Director or the Minister 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 his or her decision under subsection (1) to be published in the Commonwealth Gazette.

        (3)         The Minister must cause notice of his or her decision under subsection (1) to be published in the Government Gazette .

        (4)         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: $10 000.

        (5)         It is a defence to a prosecution for an offence against subsection (4) to prove that the accused did not intend —

            (a)         to publish the publication in Western Australia; or

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

        [Section 102A inserted by No. 30 of 2003 s. 22; amended by No. 84 of 2004 s. 82.]