AustLII Tasmanian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 14

Division 3 - Category 1 and 2 restricted publications Conditions applying to category 1 restricted publications

(1)  The following conditions apply in relation to a publication that is classified category 1 restricted:
(a) the publication must not be sold or delivered to a minor;
(b) the publication must not be exhibited in a public place unless the publication is contained in a sealed package;
(c) if the sealed package referred to in paragraph (b) is made of transparent material –
(i) the publication must bear the determined markings; and
(ii) no more than the top 6 centimetres of the publication is to be exhibited or displayed in a public place;
(d) if the sealed package referred to in paragraph (b) is made of opaque material – both the publication and the package must bear the determined markings;
(e) the publication must not be exhibited in a public place unless it is exhibited in a designated area of the public place in a vertical rack.
(1A)  If –
(a) a publication is reclassified under section 22CH(4), 39 or 97A of the Commonwealth Act; or
(b) the Board revokes a classification for a publication under section 22B(3) or 22CH(1) of that Act –
it is sufficient compliance with subsection (1)(c)(i) and (d) 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.
(2)  It is sufficient compliance with subsection (1) (c) (ii) if that part of the publication below the top 6 centimetres –
(a) is hidden by a cover, rack or other thing; and
(b) cannot be seen except by handling the publication.
(3)  For the purpose of subsection (1) (e) , designated area means an area which is –
(a) used to exhibit or display publications classified category 1 restricted; and
(b) easily identifiable and clearly marked as an area where publications which are unsuitable for perusal by minors are exhibited.



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