71Sale or delivery of certain computer games to child

71 Sale or delivery of certain computer games to child (1) A person must not sell or deliver a computer game to a child if the game is: (a) classified RC or R 18+; or

Classification of Publications, Films and Computer Games Act 1985 33 (b) unclassified but would, if classified, be classified RC or R 18+. (a) intentionally selling or delivering the game; and classified RC or R 18+ or unclassified. (a) the circumstance that the person to whom the game is sold or delivered is a child; and (b) if the game is unclassified – the circumstance that the game would, if classified, be classified RC or R 18+. (2A) Subsection (1) does not apply if: (a) the game is classified R 18+, or is an unclassified game that would, if classified, be classified R 18+; and (b) the child is at least 15 years of age; and (c) the person who sells or delivers the game to the child is a parent or guardian of the child. (2B) It is a defence to a prosecution for an offence against subsection (1), if the game is classified R 18+, or is an unclassified game that would, if classified, be classified R 18+, if the defendant proves that: (a) the defendant believed, on reasonable grounds, that the child was an adult; or (b) if the offence relates to the delivery of the game, the child was employed by the defendant and the delivery took place in the course of employment.

Classification of Publications, Films and Computer Games Act 1985 34 (2C) A child who is at least 15 years of age must not buy a computer game classified RC or R 18+. Fault element: Knowledge that the game is classified RC or (3) A person must not sell or deliver a computer game classified MA 15+ to a child under 15 years of age. (a) intentionally selling or delivering the game; and classified MA 15+. (4) Absolute liability applies to the circumstance that the person to whom the game is sold or delivered is under 15 years of age. (5) Subsection (3) does not apply if the person who sells or delivers the game to the child is a parent or guardian of the child. (6) It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant believed, on reasonable grounds, that: (a) the child was at least 15 years of age; or (b) a parent or guardian of the child had consented to the sale or delivery.