Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 103

Supply generally

  (1)   A person commits an offence if:

  (a)   the person:

  (i)   supplies material to a third person; or

  (ii)   prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

  (iii)   transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

  (iv)   guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

  (v)   possesses material intending to supply any of it to a third person; and

  (b)   the third person is in a prohibited material area; and

  (c)   the material is prohibited material.

Penalty:   100 penalty units.

Note:   For the liability of a body corporate manager, or a State/Territory body corporate manager, see section   104.

Supplying 5 or more items

  (2)   A person commits an offence if:

  (a)   the person:

  (i)   supplies material to a third person; or

  (ii)   prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

  (iii)   transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

  (iv)   guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

  (v)   possesses material intending to supply any of it to a third person; and

  (b)   the third person is in a prohibited material area; and

  (c)   the material is prohibited material; and

  (d)   the material consists of 5 or more items of prohibited material.

Penalty:   200 penalty units or imprisonment for 2 years, or both.

Note:   For the liability of a body corporate manager, or a State/Territory body corporate manager, see section   104.

  (3)   For the purposes of proving an offence against subsection   (2), a person who engages in conduct specified in subparagraph   (2)(a)(ii), (iii), (iv) or (v) in a prohibited material area, is taken to have done so:

  (a)   intending to supply the material; or

  (b)   believing that another person intends to supply the material; or

  (c)   intending to assist another person to supply the material;

as the subparagraph requires, to a person in a prohibited material area.

  (4)   Subsection   (3) does not apply in relation to a subparagraph mentioned in that subsection if the person proves that he or she did not have the intention or belief required by that subparagraph.

Note:   A defendant bears a legal burden in relation to the matters in subsection   (4)--see section   13.4 of the Criminal Code .