Victorian Current Acts Victorian Current Acts(1) A person who possesses—
S. 23(1)(a) amended by No. 6/2005 s. 5(s)(i).
(a) a film classified RC or X 18+; or
S. 23(1)(b) amended by No. 6/2005 s. 5(s)(i)–(iii).
(b) an unclassified film which would, if classified, be classified RC, X 18+, R 18+ or MA 15+—
with the intention of selling or exhibiting the film is guilty of an offence.
(2) A person who copies—
S. 23(2)(a) amended by No. 6/2005 s. 5(s)(i).
(a) a film classified RC or X 18+; or
S. 23(2)(b) amended by No. 6/2005 s. 5(s)(i)–(iii).
(b) an unclassified film which would, if classified, be classified RC, X 18+, R 18+ or MA 15+—
with the intention of selling or exhibiting the film or the copy is guilty of an offence.
(3) In proceedings for an offence against this section, evidence that a person made 10 or more copies of an unclassified film is evidence that the person intended to sell or exhibit the film and, in the absence of evidence to the contrary, is proof of that fact.
(4) A person who is guilty of an offence against this section is liable on conviction to—
S. 23(4)(a) amended by No. 6/2005 s. 5(s)(ii)(iii).
(a) if the film is classified, or is subsequently classified, R 18+ or MA 15+—a fine not exceeding 10 penalty units;
S. 23(4)(b) amended by No. 6/2005 s. 5(s)(i).
(b) if the film is classified, or is subsequently classified, X 18+—a fine not exceeding 60 penalty units or imprisonment not exceeding 6 months;
(c) if the film is classified, or is subsequently classified, RC—a fine not exceeding 240 penalty units or imprisonment not exceeding 2 years.
S. 23A (Heading) inserted by No. 6/2005 s. 5(t).
S. 23A inserted by No. 60/1998
s. 6.