S. 3 def. of consumer advice amended by No. 36/2015 s. 4(b). consumer advice means consumer advice determined under section 20 of the Commonwealth Act or consumer advice that, in accordance with section 22CF(5) of the Commonwealth Act, is taken to be consumer advice determined under section 20 of the Commonwealth Act; S. 3 def. of contentious material substituted by No. 69/2001 s. 4(a). contentious material has the same meaning as in the Commonwealth Act; S. 3 def. of Convenor inserted by No. 5/2008 s. 4(2). Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act; court means the Magistrates' Court; demonstrate includes exhibit, display, screen or make available for playing; Deputy Director means Deputy Director of the Classification Board appointed under section 48 of the Commonwealth Act; determined markings means markings determined under section 8 of the Commonwealth Act; Director means Director of the Classification Board appointed under section 48 of the Commonwealth Act; S. 3 def. of exempt computer game inserted by No. 69/2001 s. 4(b). exempt computer game has the same meaning as in the Commonwealth Act; S. 3 def. of exempt film inserted by No. 69/2001 s. 4(b). exempt film has the same meaning as in the Commonwealth Act;
12 Private exhibition of certain films in presence of a minor S. 12(1) amended by No. 6/2005 s. 5(h)(i)(ii). (1) A person must not exhibit in a place, other than a public place, in the presence of a minor a film classified RC, X 18+ or R 18+ or an unclassified film which would, if classified, be classified RC, X 18+ or R 18+. S. 12(1)(a) amended by No. 6/2005 s. 5(h)(ii). (a) if the film is classified, or is subsequently classified, R 18+—20 penalty units; S. 12(1)(b) amended by No. 6/2005 s. 5(h)(i). (b) if the film is classified, or is subsequently classified, X 18+—60 penalty units or imprisonment for 6 months; (c) if the film is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— S. 12(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.1). (a) the accused believed on reasonable grounds that the minor was an adult; or (b) the parent or guardian of the minor consented to the minor being present at the exhibition of the film. S. 13 (Heading) inserted by No. 6/2005 s. 5(i). 13 Attendance of minor at R 18+ film—offence by exhibitor S. 13(1) amended by No. 6/2005 s. 5(j). (1) A person must not exhibit in a public place a film classified R 18+ if a minor is present during any part of the exhibition. 20 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) to prove that— S. 13(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.2). (a) the minor produced to the accused or the employee or agent of the accused acceptable proof of age before the minor was admitted to the public place; or S. 13(2)(b) amended by No. 68/2009 s. 97(Sch. item 20.2). (b) the accused or the employee or agent of the accused believed on reasonable grounds that the minor was an adult. S. 14 (Heading) inserted by No. 6/2005 s. 5(k). 14 Attendance of minor at MA 15+ film—offence by exhibitor S. 14(1) amended by No. 6/2005 s. 5(l). (1) A person must not exhibit in a public place a film classified MA 15+ if— (a) a minor under 15 is present during any part of the exhibition; and (b) the minor is not accompanied by his or her parent or guardian. 10 penalty units. (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.
S. 40(3B) inserted by No. 69/2001 s. 11(1). (3B) If two or more computer games are available for playing on a device referred to in subsection (3A), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act. S. 40(4) substituted by No. 69/2001 s. 11(2). (4) If— (a) a computer game is reclassified under section 39 of the Commonwealth Act; or S. 40(4)(b) amended by No. 36/2015 s. 7(a). (b) the Board revokes a classification or consumer advice for a computer game under section 22B(3) of that Act; or S. 40(4)(c) inserted by No. 36/2015 s. 7(b). (c) the Board revokes a classification for a computer game under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act— display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 14 days after the decision to reclassify or revoke takes effect. 41 Keeping unclassified or RC computer games with other computer games (1) If a person keeps or possesses an unclassified computer game or a computer game classified RC on any premises where classified computer games are sold or demonstrated, the person and the occupier of the premises are each guilty of an offence punishable on conviction by— S. 41(1)(a) amended by No. 6/2005 s. 6(e). (a) if the computer game is subsequently classified MA 15+—a fine not exceeding 60 penalty units or imprisonment not exceeding 6 months;
(8) If— (a) a computer game is about to be demonstrated in a public place in contravention of this Part; and (b) a demand under subsection (1) is made to a person attending the demonstration; and (c) the person immediately leaves the public place after the demand is made— the person is not guilty of an offence against subsection (3). 44 Leaving computer games in certain places (1) A person must not leave in a public place or, without the occupier's permission, on private premises— S. 44(1)(a) amended by Nos 6/2005 s. 6(g), 72/2012 s. 9(1). (a) a computer game classified RC, R 18+ or MA 15+; or S. 44(1)(b) amended by Nos 6/2005 s. 6(g), 72/2012 s. 9(1). (b) an unclassified computer game which would, if classified, be classified RC, R 18+ or MA 15+. S. 44(1)(c) amended by No. 6/2005 s. 6(g). (c) if the computer game is classified, or is subsequently classified, MA penalty units or imprisonment for 6 months; S. 44(1)(ca) inserted by No. 72/2012 s. 9(2). (ca) if the computer game is classified, or is subsequently classified, R 18+—120 penalty units or imprisonment for 1 year;
the age of that minor at the time at which the image was made or produced. S. 57A(8) inserted by No. 74/2014 s. 28. (8) The accused bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (4)(d)(ii) or (6)(c)(ii) or (d)(ii). S. 57A(9) inserted by No. 74/2014 s. 28. (9) In this section— child pornography has the meaning given by section 67A of the Crimes Act 1958. Note to s. 57A inserted by No. 74/2014 s. 28. Note Section 72 of the Criminal Procedure Act 2009 applies to subsections (3), (4) (other than paragraph (d)(ii)), (5) and (6) (other than paragraphs (c)(ii) and (d)(ii)). 58 Publication or transmission of certain material to minors (1) A person must not use an on-line information service to publish or transmit, or make available for transmission, to a minor material unsuitable for minors of any age. (a) if the material is objectionable penalty units or imprisonment for 2 years; (b) in any other case—60 penalty units or imprisonment for 6 months. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— S. 58(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.18). (a) the accused— (i) did not know and could not reasonably have known that the person to whom the material was published or transmitted or made available for transmission was a minor; and