Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 8AA

Using a determined marking in relation to certain goods

  (1)   A person commits an offence if:

  (a)   the person, in trade or commerce, uses a marking in relation to goods; and

  (b)   the marking is a determined marking; and

  (c)   the goods are not:

  (i)   a publication, film or computer game; or

  (ii)   goods used to promote a publication, film or computer game that has the classification for that marking.

Penalty:   20 penalty units.

Using a determined marking in relation to certain services

  (2)   A person commits an offence if:

  (a)   the person, in trade or commerce, uses a marking in relation to a service; and

  (b)   the marking is a determined marking; and

  (c)   the service is not for the purposes of the classification system provided for by this Act or a corresponding law of a State or Territory.

Penalty:   20 penalty units.

Selling etc. certain goods with a determined marking

  (3)   A person commits an offence if:

  (a)   a determined marking is used in relation to goods; and

  (b)   the person does any of the following with the goods:

  (i)   imports them into Australia for sale;

  (ii)   sells them;

  (iii)   offers them for sale;

  (iv)   lets them on hire; and

  (c)   the goods are not:

  (i)   a publication, film or computer game; or

  (ii)   goods used to promote a publication, film or computer game that has the classification for that marking.

Penalty:   20 penalty units.

Extended meaning of determined marking

  (4)   For the purposes of this section, a determined marking includes a marking so closely resembling a determined marking as to be likely to be mistaken for it.

Constitutional reach

  (5)   This section has effect only if one or more of the following paragraphs applies:

  (a)   the conduct constituting the offence occurs to any extent outside Australia;

  (b)   the conduct constituting the offence occurs within a Territory or a Commonwealth place;

  (c)   the goods belong to a constitutional corporation;

  (d)   the person is a constitutional corporation;

  (e)   the goods are provided in the course of, or intended for, constitutional trade or commerce;

  (f)   the conduct constituting the offence is for the purposes of constitutional trade or commerce;

  (g)   the conduct constituting the offence involves the use of postal, telegraphic, telephonic and other like services (within the meaning of paragraph   51(v) of the Constitution).