Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 30

  (1)   The Director may, by notice in writing given to:

  (a)   the publisher of a publication that:

  (i)   the Director has reasonable grounds to believe is a submittable publication; and

  (ii)   is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

  (b)   the publisher of a film that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

  (c)   the publisher of a computer game that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory;

require the publisher to submit to the Board for approval a copy of every advertisement used or intended to be used in connection with the publishing.

  (2)   A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:   20 penalty units.

  (3)   An offence against subsection   (2) is a strict liability offence.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   It is a defence to a prosecution for an offence against subsection   (2) if the defendant proves that he or she did not intend to:

  (a)   publish the publication, film or computer game in the Australian Capital Territory; or

  (b)   cause, authorise, permit or licence the publication, film or computer game to be published in the Australian Capital Territory.