Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person must not
leave in a public place or display in such a manner as to be visible to
persons in a public place —
(a) a
submittable publication; or
(b) a
publication classified Category 1 restricted, Category 2 restricted or RC.
Penalty: $10 000.
(2) It is a defence to
a prosecution for an offence against subsection (1) to prove
that —
(a)
since the offence was alleged to have been committed, the publication has been
classified Unrestricted;
(b) the
accused believed on reasonable grounds that the publication was not a
submittable publication or a publication classified Category 1
restricted, Category 2 restricted or RC, as the case may be;
(c) in
the case of a publication classified Category 1 restricted, the
publication was displayed on registered premises and the publication and
packaging complied with section 64(4); or
(d) in
the case of a publication classified Category 2 restricted, the publication
was displayed on registered premises and was not visible from outside those
premises or by a minor in the premises.
(3) A person must not
leave on private premises, without the occupier’s
permission —
(a) a
submittable publication; or
(b) a
publication classified Category 1 restricted, Category 2 restricted or RC.
Penalty: $5 000.
(4) It is a defence to
a prosecution for an offence against subsection (3)(a) to prove that
since the offence was alleged to have been committed, the publication has been
classified Unrestricted.
(5) It is a defence to
a prosecution for an offence against subsection (3) to prove that the
accused believed on reasonable grounds that the publication was not a
submittable publication or a publication classified Category 1 restricted,
Category 2 restricted or RC, as the case may be.
[Section 65E inserted by No. 30 of 2003
s. 9; amended by No. 84 of 2004 s. 82.]