Calling in submittable publications for classification
23 Calling in submittable publications for classification
If:
the Director has reasonable grounds to believe that a publication is a submittable publication; and
the publication 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
if the publication is being published in the Australian Capital Territory—the publication 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 publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the Board.
The Director must cause notice of a decision under subsection (1) to be published in the Gazette.
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.
An offence against subsection (3) is a strict liability offence.
For strict liability, see section 6.1 of the Criminal Code.
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:
publish the publication in the Australian Capital Territory; or
cause, authorise, permit or licence the publication to be published in the Australian Capital Territory.
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