Leaving certain publications in certain places
65E Leaving certain 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.
Penalty: $10 000.
It is a defence to a prosecution for an offence against subsection (1) to prove that —
since the offence was alleged to have been committed, the publication has been classified Unrestricted; or
the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified Category 1 restricted, Category 2 restricted or RC, as the case may be; or
in the case of a publication classified Category 1 restricted, the publication was displayed on registered premises and the publication and packaging complied with section 64(4); or
in the case of a publication classified Category 2 restricted, the publication was displayed on registered premises and was not visible from outside those premises or by a minor in the premises.
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.
Penalty: $5 000.
It is a defence to a prosecution for an offence against subsection (3)(a) to prove that since the offence was alleged to have been committed, the publication has been classified Unrestricted.
It is a defence to a prosecution for an offence against subsection (3) to prove that the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified Category 1 restricted, Category 2 restricted or RC, as the case may be.
[Section 65E inserted: No. 30 of 2003 s. 9; amended: No. 84 of 2004 s. 82.]
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