Category 1 restricted publications, offences as to
64 Category 1 restricted publications, offences as to
A person must not display, sell or supply a publication that is classified Category 1 restricted except in registered premises.
Penalty: $2 000.
A person, other than a registered person, must not possess or copy a publication that is classified Category 1 restricted with the intention of selling the publication or copy.
Penalty: $2 000.
In proceedings for an offence against subsection (2), evidence that a person had possession of, or made, 10 or more copies of a publication classified Category 1 restricted is evidence that the person intended to sell the publication and, in the absence of evidence to the contrary, is proof of that fact.
Subject to subsection (5), a person must not sell or supply a publication classified Category 1 restricted unless —
on supply it is contained in a wrapper made of plain opaque material; and
both the publication and the wrapper display the determined markings.
Penalty: $2 000.
For the purposes of subsection (4), plain does not include the title of the publication.
If —
a publication is reclassified under section 39 or 97A of the Commonwealth Act; or
the Board revokes a classification for a publication under section 22B(3) of that Act; or
the Board revokes a classification for a publication under section 22CH(1) of that Act and classifies it under section 22CH(4) of that Act,
it is sufficient compliance with subsection (4) for a period of 30 days after the decision to reclassify or revoke takes effect if the publication displays the determined markings applicable to the publication before that reclassification or revocation.
[Section 64 inserted: No. 30 of 2003 s. 9; amended: No. 36 of 2016 s. 7.]
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