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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
46Sale or delivery of certain computer games to child
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46 Sale or delivery of certain computer games to child
(a) the person sells or delivers a computer game to a child; and
(i) classified RC or R 18+; or
subsequently classified RC or R 18+.
50 penalty units.
(a) the circumstance that the person to whom the computer game is
sold or delivered is a child; and
(b) subsection (1) (c).
(3) Subsection (1) does not apply if the computer game is an unclassified
classified RC or R 18+.
(4) It is a defence to a prosecution for an offence against subsection (1)
before the defendant sold or delivered the computer game to the
child; and
Section 46
page 42 Classification (Publications, Films and Computer
(a) the person sells or delivers a computer game to a child under
15 years old; and
(i) classified MA 15+; or
subsequently classified MA 15+.
(6) Absolute liability applies to–
(a) the circumstance that the person to whom the computer game is
sold or delivered is under 15 years old; and
(b) subsection (5) (c).
(7) Subsection (5) does not apply if—
(b) the computer game is an unclassified computer game and the
person does not believe, and has no reasonable grounds for
believing, that the computer game would be classified MA 15+.
(8) It is a defence to a prosecution for an offence against subsection (5)
if the defendant proves that the defendant believed, on reasonable
grounds, that—
(a) the child was 15 years old or older; or
(b) a parent or guardian of the child had consented to the sale or
delivery.
Section 47