Western Australian Consolidated Acts

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

102D .         Calling in advertisements

        (1)         The Director or the Minister may, by notice in writing given to —

            (a)         the publisher of a publication that —

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

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

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

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

                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: $10 000.

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

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

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

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