Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 23A

  (1)   If:

  (a)   the Director has reasonable grounds to believe that an unclassified film is not an exempt film; and

  (b)   the film is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe that it will be published in the Australian Capital Territory; and

  (c)   if the film is being published in the Australian Capital Territory--the film is not subject to a conditional cultural exemption in relation to the publication;

the Director may, by notice in writing given to the publisher of the film, require the publisher to submit an application for classification of the film.

  (2)   The Director must cause notice of a decision under subsection   (1) to be published in the Gazette .

  (3)   A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:   20 penalty units.

  (4)   An offence against subsection   (3) is a strict liability offence.

  (5)   It is a defence to a prosecution for an offence against subsection   (3) if the defendant proves that he or she did not intend to:

  (a)   publish the film in the Australian Capital Territory; or

  (b)   cause, authorise, permit or licence the film to be published in the Australian Capital Territory.