Western Australian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 65D

65D .         Sale of restricted publications to minors

        (1)         A person must not sell or supply to a minor a publication classified Category 2 restricted.

        Penalty: $15 000 or imprisonment for 18 months.

        (2)         A person must not sell or supply to a minor a publication classified Category 1 restricted, unless the person is a parent or guardian of the minor.

        Penalty: $5 000.

        (3)         It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the minor produced to the accused acceptable proof of age before the accused sold or supplied the publication to the minor and the accused believed on reasonable grounds that the minor was an adult.

        (4)         It is a defence to a prosecution for an offence against subsection (1) or (2) for the supply of a publication to a minor, to prove that the minor was employed by the person who supplied the publication and the supply took place in the course of that employment.

        (5)         A minor who is 15 years of age or older must not buy a publication classified Category 1 restricted or Category 2 restricted, knowing that it is so classified.

        Penalty: $200.

        [Section 65D inserted by No. 30 of 2003 s. 9; amended by No. 84 of 2004 s. 82.]



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