Western Australian Consolidated Acts

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

102B .         Calling in films for classification

        (1)         If —

            (a)         the Director or the Minister has reasonable grounds to believe that an unclassified film is not an exempt film; and

            (b)         the film 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 film, require the publisher to submit an application for classification of the film.

        (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 film in Western Australia; or

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

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