Australian Capital Territory Numbered Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND (NO. 47 OF 1995) - SECT 21

21. (1) A person shall not, without reasonable excuse, sell or deliver to a minor a film classified RC or an unclassified film which is subsequently classified RC.

Penalty: 100 penalty units or imprisonment for 12 months, or both.

(2) A person shall not sell or deliver to a minor a film classified X or R or an unclassified film which is subsequently classified X or R, unless the person is a parent or guardian of the minor.

Penalty: 50 penalty units or imprisonment for 6 months, or both.

(3) It is a defence to a prosecution for an offence against subsection (2) to prove that—

        (a)     the minor produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the minor and the defendant believed on reasonable grounds that the minor was an adult;

        (b)     in the case of the delivery of a film classified R—the minor was employed by the defendant or the defendant's employer and the delivery took place in the course of that employment; or

        (c)     the defendant did not know, or could not reasonably have known—

              (i)     the film was classified X or R; or

              (ii)     in the case of an unclassified film which is subsequently classified X or R—it would subsequently be so classified.

(4) A minor who is 15 years of age or older shall not, without reasonable excuse, buy a film classified X or R knowing that it is so classified.

Penalty: 5 penalty units.

(5) A person shall not sell or deliver to a minor under 15 years of age a film classified MA or an unclassified film which is subsequently classified MA, unless the person is the parent or guardian of the minor.

Penalty: 10 penalty units.

(6) It is a defence to a prosecution for an offence against subsection (5) to prove that—

        (a)     the defendant believed on reasonable grounds that—

              (i)     the person was 15 years of age or older; or

              (ii)     the parent or guardian of the minor had consented to the sale or delivery; or

        (b)     the defendant did not know, or could not reasonably have known—

              (i)     the film was classified MA; or

              (ii)     in the case of an unclassified film which is subsequently classified MA—it would subsequently be so classified.

Division 3—Miscellaneous

Power to demand name, age and address