61Leaving or display publications in certain places

61 Leaving or display publications in certain places (1) A person commits an offence if: (a) the person: (i) leaves a publication in a public place; or (ii) leaves a publication in a private place without the occupier's permission; or (iii) displays a publication so that it can be seen from a public place; and (b) the publication is: (i) a submittable publication; or (ii) classified Category 1 restricted, Category 2 restricted or RC. (a) intentionally leaving or displaying the publication; and (b) for paragraph (a)(ii) – knowledge that the occupier has not given permission to leave the publication in the place or recklessness as to that fact; and (c) for paragraph (a)(iii) – knowledge that, or recklessness as to whether, the publication can be seen from a public place; and

Classification of Publications, Films and Computer Games Act 1985 26 (d) knowledge that the publication is: (i) a submittable publication; or (ii) classified Category 1 restricted, Category 2 restricted or RC. (2) Subsection (1) does not apply if the publication: (a) is classified Category 1 restricted and both of the following apply: (i) the public place is a shop or stall; (ii) section 55 is complied with in relation to the publication; or (b) is classified Category 2 restricted and the public place is a restricted publications area. committed, the publication has been classified Unrestricted.