Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

A person commits an offence if—

the person sells or delivers a computer game to a child; and

the computer game is—

classified RC or R 18+; or

an unclassified computer game; and

for an unclassified computer game—the computer game is subsequently classified RC or R 18+.

for a computer game classified RC or an unclassified computer game that is subsequently classified RC—100 penalty units, imprisonment for 1 year or both; or

for a computer game classified R 18+ or an unclassified computer game that is subsequently classified R 18+—50 penalty units.

Absolute liability applies to—

the circumstance that the person to whom the computer game is sold or delivered is a child; and

subsection (1) (c).

Subsection (1) does not apply if the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified RC or R 18+.

It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

the child produced to the defendant acceptable proof of age before the defendant sold or delivered the computer game to the child; and

the defendant believed, on reasonable grounds, that the child was an adult.

A person commits an offence if—

the person sells or delivers a computer game to a child under 15 years old; and

the computer game is—

classified MA 15+; or

an unclassified computer game; and

for an unclassified computer game—the computer game is subsequently classified MA 15+.

Absolute liability applies to–

the circumstance that the person to whom the computer game is sold or delivered is under 15 years old; and

subsection (5) (c).

Subsection (5) does not apply if—

the person is the parent or guardian of the child; or

the computer game is an unclassified computer game and the person does not believe, and has no reasonable grounds for believing, that the computer game would be classified MA 15+.

It is a defence to a prosecution for an offence against subsection (5) if the defendant proves that the defendant believed, on reasonable grounds, that—

the child was 15 years old or older; or

a parent or guardian of the child had consented to the sale or delivery.