Western Australian Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 79

79 .         Sale or supply of certain films to minors

        (1)         A person must not sell or supply to a minor a film classified R 18+, unless the person is a parent or guardian of the minor.

        Penalty: $5 000.

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

            (a)         the minor produced to the person charged or that person’s employee or agent acceptable proof of age before the person charged sold or supplied the film to the minor and the person charged or that person’s employee or agent believed on reasonable grounds that the minor was an adult; or

            (b)         the minor was employed by the person charged or that person’s employer and the supply took place in the course of that employment.

        (3)         A minor who is 15 years of age or older must not buy a film classified RC, X 18+ or R 18+ knowing that it is so classified.

        Penalty: $200.

        (4)         A person must not sell or supply to a minor under 15 years of age a film classified MA 15+ unless the person is a parent or guardian of the minor.

        Penalty: $2 000.

        (5)         It is a defence to a charge of an offence against subsection (4) for the person charged to prove that the person charged or that person’s employee or agent believed on reasonable grounds that the minor was 15 years of age or older.

        (6)         A person must not supply to a minor a film classified X 18+ or RC or an unclassified film which would, if classified, be classified X 18+ or RC.

        Penalty: $15 000 or imprisonment for 18 months.

        [Section 79 amended by No. 30 of 2003 s. 12 and 41(2); No. 10 of 2006 s. 21.]