Victorian Current Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 31

    (1)     A person must not possess or copy—

        (a)     a submittable publication; or

        (b)     a publication classified RC—

with the intention of selling the publication or the copy.

Penalty:    

        (c)     if the publication is subsequently classified Category 1 restricted or Category 2 restricted—60 penalty units or imprisonment for 6 months;

        (d)     if the publication 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 since the offence was alleged to have been committed the publication has been classified Unrestricted.

S. 31(3) inserted by No. 60/1998
s. 9.

    (3)     A person must not possess or copy a commercial quantity of—

        (a)     publications classified RC; or

        (b)     unclassified publications which would, if classified, be classified RC; or

        (c)     publications that are a mixture of publications referred to in paragraphs (a) and (b)—

with the intention of selling the publications or the copies.

Penalty:     1200 penalty units or imprisonment for 10 years.

S. 31(4) inserted by No. 60/1998
s. 9.

    (4)     An offence against subsection (3) is an indictable offence.