Western Australian Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 104

104 .         Defences for possession in certain circumstances

        (1)         In proceedings for an offence against Part 7 relating to possession of an article it is a defence for the person charged to prove that the person had possession of the article to which the charge relates, in good faith — 

            (a)         for the purpose or with the intention of delivering it into the possession of a person lawfully entitled to have possession of it;

            (b)         for the purposes of any proceedings under this Act or any other enactment in relation to the article;

            (c)         for the purpose of giving legal advice in relation to the article;

            (d)         for the purpose of giving legal advice, or making representations, in relation to any proceedings; or

            (e)         in accordance with, or for the purpose of complying with, any decision or order made in relation to the article by the Director, the Minister, or any court.

        (2)         Nothing in subsection (1) limits the effect of sections 103, 105, 106 and 110, or prejudices any defence that is open to a person charged with an offence under Part 7 to raise apart from subsection (1).

        [Section 104 amended by No. 30 of 2003 s. 23.]