52—Leaving or displaying publications in certain places
(1) A person must not
leave in a public place or, without the occupier's permission, on private
premises, or display in such a manner as to be visible to persons in a public
place, a publication classified RC or Category 2 restricted, knowing that it
is such a publication.
Maximum penalty: $10 000.
(2) A person must not
leave in a public place or, without the occupier's permission, on private
premises, or display in such a manner as to be visible to persons in a public
place—
(a) a
submittable publication; or
(b) a
publication classified Category 1 restricted,
knowing that it is such a publication.
Maximum penalty: $5 000.
(3) It is a defence to
a prosecution for an offence against subsection (1) to prove, in a case
where a publication classified Category 2 restricted was left or displayed in
a public place, that the defendant believed on reasonable grounds that the
public place was a restricted publications area.
(4) It is a defence to
a prosecution for an offence against subsection (2) to prove—
(a) that
since the offence was alleged to have been committed, the publication has been
classified Unrestricted; or
(b) in a
case where a publication classified Category 1 restricted was left or
displayed in a public place, that the public place was a shop or stall and the
requirements under this Part for packaging and markings were complied with in
relation to the publication.