Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person must not
display, sell or supply a publication that is classified Category 2 restricted
except in registered premises.
Penalty: $5 000.
(2) A person, other
than a registered person, must not possess or copy a publication that is
classified Category 2 restricted with the intention of selling the publication
or copy.
Penalty: $5 000.
(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 2
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) A person must not
sell or supply a publication that is classified Category 2 restricted to a
person unless that person has made a direct request for the publication.
Penalty: $5 000.
(5) A person must not
sell or supply a publication that is classified Category 2 restricted unless
it is contained in a package made of opaque material.
Penalty: $5 000.
(6) A person must not
sell, supply or publish a publication that is classified Category 2 restricted
unless both the publication and the package it is contained in bear the
determined markings.
Penalty: $5 000.
(7) 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 (6) for a period of 30 days after the
decision to reclassify or revoke takes effect if the publication and the
package bear the determined markings applicable to the publication before that
reclassification or revocation.
[Section 65 inserted by No. 30 of 2003
s. 9.]