Western Australian Numbered Acts Western Australian Numbered Acts Part 7 Division 2
is repealed and the following Division is inserted instead —
“
61. Sale or supply of submittable or RC
publications
(1) A person must not
sell or supply —
(a) a
submittable publication; or
(b) a
publication classified RC.
Penalty: $15 000 or imprisonment for
18 months.
(2) It is a defence to
a prosecution for an offence against subsection (1)(a) to prove that
since the offence was alleged to have been committed the publication has been
classified Unrestricted.
(3) It is a defence to
a prosecution for an offence against subsection (1) to prove that the
defendant believed on reasonable grounds that the publication was not a
submittable publication or a publication classified RC, as the case may be.
62. Possession or copying of RC publications
A person must not
possess or copy a publication classified RC.
Penalty: $10 000.
63. Possession or copying of submittable
publications with intention of selling
(1) A person must not
possess or copy a submittable publication with the intention of selling the
publication or the copy.
Penalty: $15 000 or imprisonment for
18 months.
(2) 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.
(3) In proceedings for
an offence against subsection (1), evidence that a person had possession
of, or made, 10 or more copies of a submittable publication is evidence that
the person intended to sell the publication and, in the absence of evidence to
the contrary, is proof of that fact.
64. Category 1 restricted publications
(1) A person must not
display, sell or supply a publication that is classified Category 1 restricted
except in registered premises.
Penalty: $2 000.
(2) 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.
(3) 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.
(4) Subject to
subsection (5), a person must not sell or supply a publication classified
Category 1 restricted unless —
(a) on
supply it is contained in a wrapper made of plain opaque material; and
(b) both
the publication and the wrapper bear the determined markings.
Penalty: $2 000.
(5) For the purposes
of subsection (4), "plain" does not include the title of the publication.
(6) If —
(a) a
publication is reclassified under section 39 or 97A of the Commonwealth
Act; or
(b) the
Board revokes a classification for a publication under section 22B(3) 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 bears the
determined markings applicable to the publication before that reclassification
or revocation.
65. Category 2 restricted publications
(1) A person must not
display, sell or supply a publication that is classified Category 2 restricted
except in registered premises.
Penalty: $5 000.
(2) A person, other
than a registered person, must not possess or copy a publication that is
classified Category 2 restricted with the intention of selling the publication
or copy.
Penalty: $5 000.
(3) 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 2
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.
(4) A person must not
sell or supply a publication that is classified Category 2 restricted to a
person unless that person has made a direct request for the publication.
Penalty: $5 000.
(5) A person must not
sell or supply a publication that is classified Category 2 restricted unless
it is contained in a package made of opaque material.
Penalty: $5 000.
(6) A person must not
sell, supply or publish a publication that is classified Category 2 restricted
unless both the publication and the package it is contained in bear the
determined markings.
Penalty: $5 000.
(7) If —
(a) a
publication is reclassified under section 39 or 97A of the Commonwealth
Act; or
(b) the
Board revokes a classification for a publication under section 22B(3) of
that Act,
it is sufficient
compliance with subsection (6) for a period of 30 days after the
decision to reclassify or revoke takes effect if the publication and the
package bear the determined markings applicable to the publication before that
reclassification or revocation.
65A. Sale or supply of publications contrary to
conditions
If a publication is
classified Unrestricted or Category 1 restricted subject to a condition
imposed under section 13A of the Commonwealth Act, a person must not sell
or supply the publication except in accordance with that condition.
Penalty: $5 000.
65B. Consumer advice for Unrestricted publications
A person must not sell
a publication classified Unrestricted in respect of which the Board has
determined consumer advice under section 20(2) of the Commonwealth Act
unless the consumer advice is displayed on the publication or the packaging of
the publication.
Penalty: $2 000.
65C. Misleading or deceptive markings
(1) A person must not
publish an unclassified publication with a marking, or in packaging with a
marking, that indicates or suggests that the publication has been classified.
Penalty: $5 000.
(2) A person must not
publish a classified publication with a marking, or in packaging with a
marking, that indicates or suggests that the publication is unclassified or
has a different classification.
Penalty: $5 000.
(3) If —
(a) a
publication is reclassified under section 39 or 97A of the Commonwealth
Act; or
(b) the
Board revokes a classification for a publication under section 22B(3) of
that Act,
it is sufficient
compliance with this section for a period of 30 days after the decision
to reclassify or revoke takes effect if the publication bears the determined
markings applicable to the publication before that reclassification or
revocation.
65D. Sale of restricted publications to minors
(1) A person must not
sell or supply to a minor a publication classified Category 2 restricted.
Penalty: $15 000 or imprisonment for
18 months.
(2) A person must not
sell or supply to a minor a publication classified Category 1 restricted,
unless the person is a parent or guardian of the minor.
Penalty: $5 000.
(3) It is a defence to
a prosecution for an offence against subsection (1) or (2) to prove that
the minor produced to the defendant acceptable proof of age before the
defendant sold or supplied the publication to the minor and the defendant
believed on reasonable grounds that the minor was an adult.
(4) It is a defence to
a prosecution for an offence against subsection (1) or (2) for the supply
of a publication to a minor, to prove that the minor was employed by the
person who supplied the publication and the supply took place in the course of
that employment.
(5) A minor who is
15 years of age or older must not buy a publication classified Category 1
restricted or Category 2 restricted, knowing that it is so classified.
Penalty: $200.
65E. Leaving publications in certain places
(1) 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) a
submittable publication; or
(b) a
publication classified Category 1 restricted, Category 2 restricted or RC.
Penalty: $10 000.
(2) It is a defence to
a prosecution for an offence against subsection (1) to prove
that —
(a)
since the offence was alleged to have been committed, the publication has been
classified Unrestricted;
(b) the
defendant 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;
(c) 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
(d) 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.
(3) A person must not
leave on private premises, without the occupier’s
permission —
(a) a
submittable publication; or
(b) a
publication classified Category 1 restricted, Category 2 restricted or RC.
Penalty: $5 000.
(4) 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.
(5) It is a defence to
a prosecution for an offence against subsection (3) to prove that the
defendant 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.
”.