5—Insertion of section 40A
After section 40—insert:
40A—Keeping R 18+ films with other films
(1) An occupier of
premises (other than adult-only premises) at which films with a classification
lower than R 18+ are sold must not display material for a film classified
R 18+ at the premises —
the material is displayed in a different area (including,
for example, in a different aisle or on a different shelving case, stand or
table) from that in which material for other films is displayed; and
the area is marked as an area displaying material for
films classified R 18+ by a notice complying with subsection (2)
displayed in a prominent place near the area; and
the surface area of the material that is on display (for
example, the front cover of a DVD container where that is on display) is not
more than 300 cm²; or
unless, at all times while on display, the material bears no images or
markings other than—
the name of the film in letters of 10 millimetres or
less in height; and
the determined markings relevant to its classification.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) A notice required
to be displayed under subsection (1)(a) must contain the following
statement (printed in legible type of at least 15 millimetres in height
and of a colour that contrasts with the background colour of the notice):
R 18+ FILMS AREA—THE PUBLIC ARE WARNED THAT MATERIAL DISPLAYED IN THIS
AREA MAY CAUSE OFFENCE.
(3) It is a defence to
a prosecution for an offence against subsection (1) to prove that the
not know, and could not reasonably have known, that the material was on the
all reasonable steps to prevent the commission of the offence.
(4) In this
"material for a film" means—
disc or other device on which the film is recorded; or
container, wrapping, casing or other item that bears images or markings
representing the film.
(5) Nothing in this
section permits the exhibition of a film or part of a film classified R 18+ at
premises to which this section applies.