Leaving publications in certain places
25 Leaving publications in certain places
A person must not leave in a public place, or display in such a manner as to be visible to persons in a public place—
a submittable publication, or
a publication classified Category 1 restricted, Category 2 restricted or RC.
Maximum penalty—
• in the case of a publication classified Category 1 restricted (or a submittable publication that is subsequently classified Category 1 restricted)—20 penalty units for an individual, 50 penalty units for a corporation
• in the case of a publication classified Category 2 restricted (or a submittable publication that is subsequently classified Category 2 restricted)—50 penalty units for an individual, 100 penalty units for a corporation
• in the case of a publication classified RC (or a submittable publication that is subsequently classified RC)—100 penalty units or imprisonment for 12 months for an individual, 250 penalty units for a corporation.
It is a defence to a prosecution for an offence under subsection (1) to prove that—
since the offence was alleged to have been committed the publication has been classified Unrestricted, or
in the case of a publication classified Category 1 restricted, the public place was a shop or stall and the publication and packaging complied with section 20, or
in the case of a publication classified Category 2 restricted, the defendant believed on reasonable grounds that the public place was a restricted publications area.
A person must not leave on private premises without the occupier’s permission—
a submittable publication, or
a publication classified Category 1 restricted, Category 2 restricted or RC.
Maximum penalty—50 penalty units for an individual, 100 penalty units for a corporation.
It is a defence to a prosecution for an offence under subsection (3) (a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted.
This Act’s bill:Explanatory memorandumSecond reading speech
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