Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person must not
display, sell or supply a publication that is classified Category 1 restricted
except in registered premises.
Penalty: $2 000.
(2) A person, other
than a registered person, must not possess or copy a publication that is
classified Category 1 restricted with the intention of selling the publication
or copy.
Penalty: $2 000.
(3) In proceedings for
an offence against subsection (2), evidence that a person had possession
of, or made, 10 or more copies of a publication classified Category 1
restricted is evidence that the person intended to sell the publication and,
in the absence of evidence to the contrary, is proof of that fact.
(4) Subject to
subsection (5), a person must not sell or supply a publication classified
Category 1 restricted unless —
(a) on
supply it is contained in a wrapper made of plain opaque material; and
(b) both
the publication and the wrapper bear the determined markings.
Penalty: $2 000.
(5) For the purposes
of subsection (4), plain does not include the title of the publication.
(6) If —
(a) a
publication is reclassified under section 39 or 97A of the Commonwealth
Act; or
(b) the
Board revokes a classification for a publication under section 22B(3) of
that Act,
it is sufficient
compliance with subsection (4) for a period of 30 days after the
decision to reclassify or revoke takes effect if the publication bears the
determined markings applicable to the publication before that reclassification
or revocation.
[Section 64 inserted by No. 30 of 2003
s. 9.]