6 Sale or public exhibition of unclassified, RC or X 18+ films prohibited
A person must not sell or publicly exhibit:(a) a film classified RC or X 18+, or(b) an unclassified film.Maximum penalty:
• in the case of an unclassified film that is subsequently classified G—1 penalty unit for an individual, 5 penalty units for a corporation• in the case of an unclassified film that is subsequently classified PG—5 penalty units for an individual, 10 penalty units for a corporation• in the case of an unclassified film that is subsequently classified M—10 penalty units for an individual, 20 penalty units for a corporation• in the case of an unclassified film that is subsequently classified MA 15+ or R 18+—50 penalty units for an individual, 100 penalty units for a corporation• in the case of a film classified RC or X 18+ or an unclassified film that is subsequently classified RC or X 18+—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.
7 Classified films not to be sold or exhibited under different title or in altered form
(1) A person must not sell or publicly exhibit a classified film unless the film:(a) is sold or exhibited with the same title as that under which it is classified, and(b) is sold or exhibited in the form, without alteration or addition, in which it is classified.Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
(2) Subsection (1) is not contravened by the sale or exhibition of a classified film:(a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films, or(b) with modifications referred to in section 21 (2) of the Commonwealth Act,or both.
8 Display of notice about classifications
A person who sells or publicly exhibits a classified film must keep a notice in the approved form about classifications for films on public display in a prominent place in the place where the film is sold or exhibited.Maximum penalty: 5 penalty units for an individual, 10 penalty units for a corporation.
9 Sale of certain films to minors prohibited
(1) A person must not sell or deliver to a minor a film classified RC or X 18+ or an unclassified film that would, if classified, be classified RC or X 18+.Maximum penalty: 150 penalty units or imprisonment for 2 years for an individual, 300 penalty units for a corporation.
(2) A person must not sell or deliver to a minor a film classified R 18+, or an unclassified film that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor.Maximum penalty: 100 penalty units for an individual, 200 penalty units for a corporation.
(3) It is a defence to a prosecution for an offence under subsection (2) to prove that:(a) the minor, before being sold or delivered the film, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 18 or older, or(b) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was an adult, or(c) the minor was employed by the defendant and the delivery took place in the course of that employment.(4) A person must not sell or deliver to a minor under 15 a film classified MA 15+ unless the person is a parent or guardian of the minor.Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation.
(5) It is a defence to a prosecution for an offence under subsection (4) to prove that:(a) the minor, before being sold the film, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or(b) the defendant or the defendant’s employee or agent believed on reasonable grounds that the minor was 15 or older, or(c) the parent or guardian of the minor had consented to the sale.
10 Parents not to permit minors to attend RC, X 18+ or R 18+ films
A person who is the parent or guardian of a minor must not permit the minor to attend the exhibition in a public place of a film classified RC, X 18+ or R 18+ or an unclassified film that would, if classified, be classified RC, X 18+ or R 18+.Maximum penalty: 20 penalty units.
11 Minors over 15 not to buy or attend RC, X 18+ or R 18+ films
A minor who is 15 or older must not:(a) buy a film classified RC, X 18+ or R 18+, or(b) attend the exhibition in a public place of a film classified RC, X 18+ or R 18+,knowing that the film is so classified.Maximum penalty: 5 penalty units.
12 R 18+ films not to be publicly exhibited in presence of minors
(1) A person must not publicly exhibit a film classified R 18+ if a minor is present during any part of the exhibition.Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation.
(2) It is a defence to a prosecution for an offence under this section to prove that:(a) the minor, before being admitted to the public place, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 18 or older, or(b) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was an adult, or(c) the minor was employed by the defendant and the exhibition took place in the course of that employment.
13 MA 15+ films not to be publicly exhibited in presence of minors under 15
(1) A person must not publicly exhibit a film classified MA 15+ if:(a) a minor under 15 is present during any part of the exhibition, and(b) the minor is not accompanied by his or her parent or guardian.Maximum penalty: 10 penalty units for an individual, 20 penalty units for a corporation.
(2) For the purposes of this section:(a) a minor does not cease to be accompanied by his or her parent or guardian merely because the parent or guardian is temporarily absent during any part of the exhibition, and(b) an offence is committed in respect of each unaccompanied minor present at the exhibition of the film.(3) It is a defence to a prosecution for an offence under this section to prove that:(a) the minor, before being admitted to the public place, produced to the defendant (or the defendant’s employee or agent) documentary evidence that might reasonably be accepted as applying to the minor and as showing that the minor was 15 or older, or(b) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the minor was 15 or older, or(c) the defendant (or the defendant’s employee or agent) believed on reasonable grounds that the person accompanying the minor was the minor’s parent or guardian.
14 Private exhibition of RC, X 18+ or R 18+ films in presence of minors
(1) A person must not privately exhibit in the presence of a minor a film classified RC or X 18+ or an unclassified film that would, if classified, be classified RC or X 18+.Maximum penalty: 100 penalty units.
(2) A person must not privately exhibit in the presence of a minor a film classified R 18+, or an unclassified film that would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor.Maximum penalty: 50 penalty units.
(3) It is a defence to a prosecution for an offence under this section to prove that the defendant believed on reasonable grounds that the minor was an adult.
15 Films to display determined markings and consumer advice
(1) A person must not sell a film unless the determined markings relevant to the classification of the film, and any consumer advice applicable to the film, are displayed on the container, wrapping or casing of the film.(2) A person must not sell an unclassified film if the container, wrapping or casing in which the film is sold displays a marking that indicates or suggests that the film has been classified.(3) A person must not sell a classified film if the container, wrapping or casing in which the film is sold displays a marking that indicates or suggests that the film is unclassified or has a different classification.(4) If:(a) a film is reclassified under the Commonwealth Act, or(b) the Board revokes a classification or consumer advice for a film under section 22B (3) of that Act,display of the determined markings and consumer advice applicable to the film before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect.Maximum penalty: 50 penalty units for an individual, 100 penalty units for a corporation.
16 Keeping unclassified, RC or X 18+ films with other films
(1) If a person keeps or possesses any unclassified film or film classified RC or X 18+ on any premises where classified films are sold, the person and the occupier of the premises are each guilty of an offence.Maximum penalty: 100 penalty units for an individual, 250 penalty units for a corporation.
(2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, and could not reasonably have known, that the film was on the premises.
17 Leaving RC or X 18+ films in certain places
(1) A person must not leave in a public place or, without the occupier’s permission, on private premises:(a) a film classified RC or X 18+, or(b) an unclassified film that would, if classified, be classified RC or X 18+.Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.
(2) It is a defence to a prosecution for an offence under this section to prove that the defendant did not know, or could not reasonably be expected to have known, that the film is or would be classified RC or X 18+.
18 Possession or copying of films for the purpose of sale or exhibition
(1) A person must not possess:(a) a film classified RC or X 18+, or(b) an unclassified film that would, if classified, be classified RC or X 18+,with the intention of selling or exhibiting the film.(2) A person must not copy:(a) a film classified RC or X 18+, or(b) an unclassified film that would, if classified, be classified RC or X 18+,with the intention of selling or exhibiting the film or the copy.(3) In proceedings for an offence under this section, evidence that a person made or possessed 10 or more copies of a film is prima facie evidence that the person intended to sell or exhibit the film.Maximum penalty: 100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.