Western Australian Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 72

72 .         Attendance of minor at MA 15+ film — offence by exhibitor

        (1)         A person must not exhibit in a public place a film classified MA 15+ if — 

            (a)         a minor under 15 years of age is present during any part of the exhibition; and

            (b)         the minor is not accompanied by his or her parent or guardian.

        Penalty: $1 000.

        (2)         For the purposes of subsection (1) — 

            (a)         a minor does not cease to be accompanied if his or her parent or guardian is temporarily absent from the exhibition of the film; and

            (b)         an offence is committed in respect of each unaccompanied minor present at the exhibition of the film.

        (3)         It is a defence to a charge of an offence against subsection (1) for the person charged to prove that — 

            (a)         the person charged or that person’s employee or agent took all reasonable steps to ensure that a minor was not present in contravention of subsection (1);

            (b)         the person charged or that person’s employee or agent believed on reasonable grounds that the minor was 15 years of age or older; or

            (c)         the person charged or that person’s employee or agent believed on reasonable grounds that the person accompanying the minor was the minor’s parent or guardian.

        [Section 72 amended by No. 30 of 2003 s. 41(2); No. 10 of 2006 s. 17.]