Classification (Publications, Films and Computer Games) Enforcement Act 1995 No 63

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 57(1): Proceedings for an offence under this Act may be dealt with summarily before the Local Court or by the Supreme Court in its summary jurisdiction.

Section 57(2): If proceedings are brought in the Local Court, the maximum penalty that the Local Court may impose is 100 pu or imprisonment for 2 yrs or the maximum penalty provided by this Act in respect of the offence (whichever is less).

Evidence

Section 58: Certificate signed by Director/Deputy Director or Convenor is prima facie evidence.

Commencement of proceedings

Section 59: Proceedings for an offence under this Act in relation to a film, publication or computer game that is unclassified at the time of the alleged offence:

(a) 

are not to be commenced until:

(i) 

the film, publication or computer game has been classified, or

(ii) 

the accused, by notice under s 58A, agrees that the publication, film or computer game if classified would have been the classification agreed, and

(b) 

are not to be commenced later than 12 months after the date on which:

(i) 

the film, publication or computer game was classified, or

(ii) 

the accused returned the notice under s 58A,

whichever is relevant.

Costs

Section 60: Court may order offender to pay costs, to include fee incurred by prosecution for classification of materials and for provision of certificate under s 87 of the Classification (Publications, Films and Computer Games) Act 1995 (Cth).

Corporate offence

Section 62: Director or person concerned in the management of the corporation who aids, abets, counsels or procures, induces, conspires, knowingly concerned in, or party to, the commission of the corporate offence, incurs the maximum penalty for the corporate offence if committed by an individual.

Search warrants

SECTION DESCRIPTION
55(2) Authorised officer may issue search warrant

Forfeiture

SECTION DESCRIPTION
56 Forfeiture following seizure. Thing seized must be returned within 90 days, unless proceedings commenced for an offence. The Local Court may order forfeiture.
61 Forfeiture of films, publications and computer games on conviction