South Australia: Classification (Publications, Films and Computer Games) Act 1995 (SA)

South Australia Classification (Publications, Films and Computer Games) Act 1995 An Act to provide for the enforcement of a scheme for the classification of publications, films and computer games; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Exhibition of film 6 Application of Act Part 4—Films—exhibition, sale etc Division 1—Exhibition of films 28 Exhibition of film in public place 29 Display of notice about classifications 30 Exhibition of RC and X 18+ films 31 Prohibition of exhibition of R 18+ or MA 15+ films in certain places 32 Attendance of minor at certain films—offence by parents etc 33 Attendance of minor at certain films—offence by minor 34 Private exhibition of certain films in presence of minor 35 Attendance of minor at R 18+ film—offence by exhibitor 36 Attendance of minor at MA 15+ film—offence by exhibitor Division 2—Sale of films 37 Sale of films 38 Sale of RC and X 18+ films 39 Display of notice about classifications 40 Films to bear determined markings and consumer advice 40A Keeping R 18+ films with other films 41 Keeping unclassified or RC or X 18+ films with other films 42 Sale or delivery of certain films to minors Division 3—Miscellaneous 43 Power to demand particulars and expel minors 44 Leaving films in certain places 45 Possession or copying of film for purpose of sale or exhibition Part 5—Publications—sale, delivery etc 46 Sale of unclassified or RC publications 47 Category 1 restricted publications 48 Category 2 restricted publications 48A Sale or delivery of publications contrary to conditions 48B Consumer advice for publications 49 Publications classified unrestricted 50 Misleading or deceptive markings 51 Sale of certain publications to minors 52 Leaving or displaying publications in certain places 53 Possession or copying of publication with the intention of selling Part 6—Computer games—sale, demonstration etc 54 Sale or demonstration of computer game in public place 55 Display of notice about classification 56 Demonstration etc of RC computer games 58 Demonstration etc of unclassified, R 18+ and MA 15+ computer games 59 Private demonstration of RC and R 18+ computer games in presence of minor 60 Computer games to bear determined markings and consumer advice 60A Keeping R 18+ computer games with other computer games 61 Keeping unclassified or RC computer games with other computer games 62 Sale or delivery of certain computer games to minors 63 Power to demand particulars and expel minors 64 Leaving computer games in certain places 65 Possession or copying of computer game for purpose of sale or demonstration Part 7—Control of advertising 66 Certain advertisements not to be published 67 Certain films, publications and computer games not to be advertised 68 Screening of advertisements with feature films 69 Liability of occupier for certain advertisements 69A Liability of occupier for R 18+ advertisements in video stores etc 70 Sale of feature films with advertisements 71 Advertisements with computer games 72 Advertisement to contain determined markings and consumer advice 73 Misleading or deceptive advertisements 74 Advertisements for Category 2 restricted publications 75 Classification symbols etc to be published with advertisements Part 7A—On-line services 75A Interpretation 75B Application of Part 75C Making available or supplying objectionable matter on on-line service 75D Making available or supplying matter unsuitable for minors on on-line service 75E Recklessness Part 9—Miscellaneous 80 Powers of entry, seizure and forfeiture 80A Powers of authorised persons in Australian Public Service 80B Forfeiture of other seized films, publications and computer games 80C Classification of seized items at request of defendant 81 Restricted publications area—construction and management 82 Restricted publications area—offences 83 Evidence 83A Proof of classification by consent 83B Proof of classification required 84 Protection for classified material against prosecutions under indecency etc laws 85 Commencement of prosecution for offence 86 Proceedings against body corporate 87 Employees and agents 88 Publication to prescribed person or body 89 Service 91 Regulations Schedule 1—Call-in powers 1 Calling in submittable publications for classification 1A Calling in films for classification 2 Calling in computer games for classification 3 Calling in advertisements 4 Calling in a publication, film or computer game for reclassification 5 Obtaining copies for review Schedule 2—Repeals, transition and consequential amendments 2 Transitional and saving provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Classification (Publications, Films and Computer Games) Act 1995. 3—Objects The objects of this Act are— (a) to give effect to the scheme for the classification of publications, films and computer games set out in the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth by— (i) making provision for the enforcement of classification decisions applying in South Australia; and (ii) prohibiting the publication of certain publications, films and computer games; and (b) to provide protection against prosecution under laws relating to obscenity, indecency, offensive materials or blasphemy when classified publications, films or computer games are published in accordance with this Act. 4—Interpretation In this Act— acceptable proof of age, in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person and as showing that the person is an adult; additional content in a film that also comprises a classified film or an exempt film includes, but is not limited to— (a) additional scenes for the classified film or exempt film (such as alternative endings or deleted scenes); and (b) a film of the making of the classified film or exempt film; and (c) interviews with, and commentaries by, directors, actors and other persons involved with the making of the classified film or exempt film; and (d) such other material as is prescribed by the regulations, but does not include— (e) a work; or (f) such other material as is prescribed by the regulations; additional content assessor means a person who is authorised by the National Director under section 22D of the Commonwealth Act; adult means a person who is 18 or older; adult-only premises means premises to which entry is restricted to adults; advertisement has the same meaning as in the Commonwealth Act; advertising scheme means the scheme determined from time to time under section 31 of the Commonwealth Act; approved advertisement means an advertisement approved under the Commonwealth Act; approved form means a form approved under section 8A of the Commonwealth Act; authorised television series assessor means a person authorised in accordance with the scheme determined under section 14B of the Commonwealth Act to prepare assessments of television series films; buy means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire and cause or permit to be bought or exchanged or hired, whether by retail or wholesale; classifiable elements has the same meaning as in the Commonwealth Act; classified, in relation to a publication, film or computer game, means classified under the Commonwealth Act; Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, as amended from time to time; Commonwealth Broadcasting Act means the Broadcasting Services Act 1992 of the Commonwealth, as amended from time to time, or an Act enacted in substitution for that Act; computer game has the same meaning as in the Commonwealth Act; consumer advice, in relation to a publication, film or computer game, means consumer advice determined under the Commonwealth Act for the publication, film or computer game; contentious material has the same meaning as in the Commonwealth Act; Convenor means the Convenor of the National Review Board appointed under section 74 of the Commonwealth Act; demonstrate includes exhibit, display, screen, play or make available for playing; determined markings means markings determined under section 8 of the Commonwealth Act; exempt computer game has the same meaning as in the Commonwealth Act; exempt film has the same meaning as in the Commonwealth Act; exhibit, in relation to a film, means project or screen; film has the same meaning as in the Commonwealth Act; guardian means an adult who is exercising parental control over a minor under 15; international flight, in relation to an aircraft, means a flight that passes through the air space over the territory of more than one country and includes any part of the flight that may occur within Australia; international voyage, in relation to a vessel, means a voyage, whether direct or indirect, between a place in Australia and a place outside Australia and includes any part of the voyage that may occur within Australia; minor means a person who is under 18; National Board means the Classification Board established by the Commonwealth Act; National Classification Code means the National Classification Code as in force from time to time under the Commonwealth Act; national classification guidelines means the classification guidelines as in force from time to time under the Commonwealth Act; National Director means Director of the National Board appointed under the Commonwealth Act; National Review Board means the Classification Review Board established by the Commonwealth Act; place includes vacant land, premises, a vehicle, a vessel and an aircraft (except a vessel on an international voyage or an aircraft on an international flight); publication has the same meaning as in the Commonwealth Act; public place means a place that the public is entitled to use or that is open to or used by the public, whether on payment of money or otherwise; publish has the same meaning as in the Commonwealth Act; restricted publications area means premises, or a part of premises, constructed and managed in accordance with the requirements under Part 9 of this Act; sell means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale; submittable publication has the same meaning as in the Commonwealth Act and includes a publication called in by the National Director under Schedule 1 of this Act; television series film means a film that comprises— (a) 1 or more episodes of a television series; or (b) 1 or more episodes of a television series and series‑related material if that material does not appear to be self‑contained and produced for viewing as a discrete entity; work has the same meaning as in the Commonwealth Act. 5—Exhibition of film For the purposes of this Act, a person is taken to exhibit a film in a public place if the person— (a) arranges or conducts the exhibition of the film in the public place; or (b) has the superintendence or management of the public place in which the film is exhibited. 6—Application of Act This Act does not apply to— (a) exempt films or exempt computer games; or (ab) a publication, film or computer game that is subject to a conditional cultural exemption (within the meaning of the Commonwealth Act); or (b) broadcasting services to which the Commonwealth Broadcasting Act applies. Part 4—Films—exhibition, sale etc Division 1—Exhibition of films 28—Exhibition of film in public place (1) A person must not exhibit a film in a public place unless the film— (a) is classified; and (b) is exhibited with the same title as that under which it is classified; and (c) is exhibited in the form, without alteration or addition, in which it is classified. Maximum penalty: $5 000. Expiation fee: $315. (2) Subsection (1) is not contravened by the exhibition of a classified film— (a) under a title different from that under which it is classified if it is contained on 1 device that consists only of 2 or more classified films; or (b) with modifications referred to in section 21(2) or (3) of the Commonwealth Act, or both. 29—Display of notice about classifications A person who exhibits a film in a public place must keep a notice in the approved form about classifications for films on display in a prominent place in that public place so that the notice is clearly visible to the public. Maximum penalty: $1 250. Expiation fee: $160. 30—Exhibition of RC and X 18+ films A person must not exhibit in a public place or so that it can be seen from a public place— (a) an unclassified film that would, if classified, be classified RC or X 18+; or (b) a film classified RC or X 18+. Maximum penalty: $10 000. 31—Prohibition of exhibition of R 18+ or MA 15+ films in certain places (1) The Minister may prohibit the exhibition of a film classified R 18+ or MA 15+— (a) in a drive-in theatre; or (b) in any other public place if, in the Minister's opinion, it is possible to see a film from an ordinary vantage point outside the place when it is exhibited in the place. (2) A prohibition under this section— (a) may relate to a specified film or class of films and to drive-in theatres generally or a specified drive-in theatre or other place; (b) may be imposed, varied or revoked by notice published in the South Australian Government Gazette or by notice in writing served on the person who exhibits films in the theatre or place to which the notice relates. (3) A person must not exhibit a film in contravention of a notice under this section. Maximum penalty: $2 500. 32—Attendance of minor at certain films—offence by parents etc A person who— (a) is a parent or guardian of a minor; and (b) knows that a film classified RC, X 18+ or R 18+ or an unclassified film that would, if classified, be classified RC, X 18+ or R 18+ is to be exhibited in a public place, must not permit the minor to attend the exhibition of the film. Maximum penalty: $2 500. 33—Attendance of minor at certain films—offence by minor A minor who is 15 or older must not attend the exhibition in a public place of a film classified RC, X 18+ or R 18+, knowing that the film is so classified. Maximum penalty: $750. 34—Private exhibition of certain films in presence of minor (1) A person must not exhibit in a place, other than a public place, in the presence of a minor— (a) an unclassified film that would, if classified, be classified RC or X 18+; or (b) a film classified RC or X 18+. Maximum penalty: $20 000. (2) A person must not exhibit in a place, other than a public place, in the presence of a minor, a film classified R 18+ unless the person is a parent or guardian of the minor. Maximum penalty: $5 000. (3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the defendant believed on reasonable grounds that the minor was an adult. 35—Attendance of minor at R 18+ film—offence by exhibitor (1) A person must not exhibit in a public place a film classified R 18+ if a minor is present during any part of the exhibition. Maximum penalty: $5 000. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— (a) the minor produced to the defendant or the defendant's employee or agent acceptable proof of age before the minor was admitted to the public place; or (b) the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was an adult. 36—Attendance of minor at MA 15+ film—offence by exhibitor (1) A person must not exhibit in a public place a film classified MA 15+ if— (a) a minor under 15 is present during any part of the exhibition; and (b) the minor is not accompanied by his or her parent or guardian. Maximum penalty: $1 250. (2) For the purposes of subsection (1)— (a) a minor does not cease to be accompanied if his or her parent or guardian is temporarily absent from the exhibition of the film in order to use refreshment or other facilities provided within the premises in which the film is being exhibited for persons attending the exhibition of the film; and (b) an offence is committed in respect of each unaccompanied minor present at the exhibition of the film. (3) It is a defence to a prosecution for an offence against subsection (1) to prove that— (a) the defendant or the defendant's employee or agent took all reasonable steps to ensure that a minor was not present in contravention of subsection (1); or (b) the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was 15 or older; or (c) the defendant or the defendant's employee or agent believed on reasonable grounds that the person accompanying the minor was the minor's parent or guardian. Division 2—Sale of films 37—Sale of films (1) A person must not sell a film unless the film— (a) is classified; and (b) is sold under the same title as that under which it is classified; and (c) is sold in the form, without alteration or addition, in which it is classified. Maximum penalty: $5 000. Expiation fee: $315. (2) Subsection (1) is not contravened by the sale of a classified film— (a) under a title different from that under which it is classified if it is contained on 1 device that consists only of 2 or more classified films; or (b) with modifications referred to in section 21(2) or (3) of the Commonwealth Act, or both. 38—Sale of RC and X 18+ films A person must not sell— (a) an unclassified film that would, if classified, be classified RC or X 18+; or (b) a film classified RC or X 18+. Maximum penalty: $10 000. 39—Display of notice about classifications A person who sells films on any premises must keep a notice in the approved form about classifications for films on display in a prominent place on the premises so that the notice is clearly visible to the public. Maximum penalty: $1 250. Expiation fee: $160. 40—Films to bear determined markings and consumer advice (1) A person must not sell a film unless the determined markings relevant to the classification of the film and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the film. Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not sell an unclassified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film has been classified. Maximum penalty: $2 500. Expiation fee: $210. (3) A person must not sell a classified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film is unclassified or has a different classification. Maximum penalty: $2 500. Expiation fee: $210. (4) If— (a) a film is reclassified under the Commonwealth Act; or (b) a classification or consumer advice for a film is revoked under the Commonwealth Act, display of the determined markings and consumer advice applicable to the film before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect. 40A—Keeping R 18+ films with other films (1) An occupier of premises (other than adult‑only premises) at which films with a classification lower than R 18+ are sold must not display material for a film classified R 18+ at the premises— (a) unless— (i) the material is displayed in a different area (including, for example, in a different aisle or on a different shelving case, stand or table) from that in which material for other films is displayed; and (ii) the area is marked as an area displaying material for films classified R 18+ by a notice complying with subsection (2) displayed in a prominent place near the area; and (iii) the surface area of the material that is on display (for example, the front cover of a DVD container where that is on display) is not more than 300 cm²; or (b) unless, at all times while on display, the material bears no images or markings other than— (i) the name of the film in letters of 10 millimetres or less in height; and (ii) the determined markings relevant to its classification. Maximum penalty: $5 000. Expiation fee: $315. (2) A notice required to be displayed under subsection (1)(a) must contain the following statement (printed in legible type of at least 15 millimetres in height and of a colour that contrasts with the background colour of the notice): R 18+ FILMS AREA—THE PUBLIC ARE WARNED THAT MATERIAL DISPLAYED IN THIS AREA MAY CAUSE OFFENCE. (3) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant— (a) did not know, and could not reasonably have known, that the material was on the premises; or (b) took all reasonable steps to prevent the commission of the offence; or (c) complied with a code of practice set out in the regulations for the purposes of this section. (4) In this section— material for a film means— (a) a disc or other device on which the film is recorded; or (b) a container, wrapping, casing or other item that bears images or markings representing the film. (5) Nothing in this section permits the exhibition of a film or part of a film classified R 18+ at premises to which this section applies. 41—Keeping unclassified or RC or X 18+ films with other films (1) If a person keeps or possesses an unclassified film or a film classified RC or X 18+ on any premises where classified films are sold, the person and the occupier of the premises are each guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant did not know, and could not reasonably have known, that the film was on the premises. 42—Sale or delivery of certain films to minors (1) A person must not sell or deliver to a minor— (a) an unclassified film that would, if classified, be classified RC or X 18+; or (b) a film classified RC or X 18+. Maximum penalty: $20 000. (2) A person must not sell or deliver to a minor a film classified R 18+ unless the person is a parent or guardian of the minor. Maximum penalty: $5 000. (3) It is a defence to a prosecution for an offence against subsection (2) to prove that— (a) the minor produced to the defendant or the defendant's employee or agent acceptable proof of age before the defendant sold or delivered the film to the minor and the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was an adult; or (b) the minor was employed by the defendant or the defendant's employer and the delivery took place in the course of that employment. (4) A minor who is 15 or older must not buy a film classified RC, X 18+ or R 18+, knowing that it is so classified. Maximum penalty: $750. (5) A person must not sell or deliver to a minor under 15 a film classified MA 15+ unless the person is a parent or guardian of the minor. Maximum penalty: $1 250. (6) It is a defence to a prosecution for an offence against subsection (5) to prove that the defendant or the defendant's employee or agent believed on reasonable grounds that— (a) the minor was 15 or older; or (b) the parent or guardian of the minor had consented to the sale or delivery. Division 3—Miscellaneous 43—Power to demand particulars and expel minors (1) A person exhibiting, selling or delivering films who has reasonable cause to suspect that the exhibition, sale or delivery of a film to another person is, or would be, in contravention of this Part may demand the name, age and address of the other person. (2) A member of the police force who has reasonable cause to suspect that the exhibition, sale or delivery of a film to a person is, or would be, in contravention of this Part may demand the person's name, age and address. (3) A person must not give false particulars or fail or refuse to give satisfactory particulars demanded under subsection (1) or (2). Maximum penalty: $750. (4) If the exhibitor of a film that is being, or is about to be, exhibited in a public place, or an employee or agent of the exhibitor or a member of the police force, suspects on reasonable grounds that a person's presence during the exhibition of the film is, or would be, in contravention of this Part, the exhibitor, employee, agent or member of the police force may— (a) require the person to leave the place; and (b) if the person fails to comply with such a requirement—use reasonable force to expel the person from the place. (5) A person must not fail to comply with a requirement under subsection (4). Maximum penalty: $750. 44—Leaving films in certain places (1) A person must not leave in a public place or, without the occupier's permission, on private premises— (a) an unclassified film that would, if classified, be classified RC or X 18+; or (b) a film classified RC or X 18+, knowing that the film is, or would be, so classified. Maximum penalty: $10 000. (2) A person must not leave in a public place or, without the occupier's permission, on private premises— (a) an unclassified film that would, if classified, be classified R 18+ or MA 15+; or (b) a film classified R 18+ or MA 15+, knowing that the film is, or would be, so classified. Maximum penalty: $1 250. 45—Possession or copying of film for purpose of sale or exhibition (1) A person must not possess or copy— (a) an unclassified film that would, if classified, be classified RC or X 18+; or (b) a film classified RC or X 18+, with the intention of exhibiting the film or copy in contravention of this Part or selling the film or copy. Maximum penalty: $10 000. (2) In proceedings for an offence against this section, evidence that a person was in possession of or made three or more copies of a film of a kind referred to in subsection (1) is evidence that the person intended to exhibit the film in contravention of this Part or sell the film and, in the absence of evidence to the contrary, is proof of that fact. Part 5—Publications—sale, delivery etc 46—Sale of unclassified or RC publications (1) A person must not sell or deliver (other than for the purpose of classification or law enforcement) a publication classified RC. Maximum penalty: $10 000. (2) A person must not sell or deliver (other than for the purpose of classification or law enforcement) a submittable publication. Maximum penalty: $5 000. (2a) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the defendant believed on reasonable grounds that the publication was not classified RC or was not a submittable publication, as the case may be. (3) It is a defence to a prosecution for an offence against subsection (2) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted. 47—Category 1 restricted publications (1) A person must not sell or deliver a publication classified Category 1 restricted unless— (a) the publication— (i) is contained in a sealed package made of opaque material; or (ii) subject to any condition imposed by the National Board under the Commonwealth Act—is sold and delivered in a restricted publications area and is, at the time of being delivered, contained in a package made of opaque material; and (b) both the publication and the package bear the determined markings. Maximum penalty: $5 000. Expiation fee: $315. (2) If— (a) a publication is reclassified under the Commonwealth Act; or (b) a classification for a publication is revoked under the Commonwealth Act, it is sufficient compliance with subsection (1)(b) 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. 48—Category 2 restricted publications (1) A publication that is classified Category 2 restricted must not be— (a) sold, displayed or delivered except in a restricted publications area; or (b) delivered to a person who has not made a direct request for the publication. (2) A person must not sell, display or deliver a publication in contravention of subsection (1). Maximum penalty: $10 000. (2a) A publication that is classified Category 2 restricted must not be— (a) delivered to a person unless it is contained in a package made of opaque material; or (b) published unless it bears the determined markings. (2b) A person must not deliver or publish a publication in contravention of subsection (2a). Maximum penalty: $5 000. Expiation fee: $315. (3) If— (a) a publication is reclassified under the Commonwealth Act; or (b) a classification for a publication is revoked under the Commonwealth Act, it is sufficient compliance with subsection (2a)(b) 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. 48A—Sale or delivery of publications contrary to conditions If a publication is classified Unrestricted or Category 1 restricted subject to a condition imposed under the Commonwealth Act, a person must not sell or deliver the publication except in accordance with that condition. Maximum penalty: $5 000. Expiation fee: $315. 48B—Consumer advice for publications A person must not sell a publication unless the relevant consumer advice, if any, is displayed on the publication or the packaging of the publication. Maximum penalty: $750. Expiation fee: $105. 49—Publications classified unrestricted A person must not sell, deliver or publish a publication classified Unrestricted unless it bears the determined markings. Maximum penalty: $750. Expiation fee: $105. 50—Misleading or deceptive markings (1) A person must not publish an unclassified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication has been classified. Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not publish a classified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication is unclassified or has a different classification. Maximum penalty: $2 500. Expiation fee: $210. (3) If— (a) a publication is reclassified under the Commonwealth Act; or (b) a classification for a publication is revoked under the Commonwealth Act, it is sufficient compliance with this section 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. 51—Sale of certain publications to minors (1) A person must not sell or deliver to a minor a publication classified RC or Category 2 restricted. Maximum penalty: $20 000. (2) A person must not sell or deliver to a minor a publication classified Category 1 restricted unless the person is a parent or guardian of the minor. Maximum penalty: $5 000. (3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the minor produced to the defendant acceptable proof of age before the defendant sold or delivered the publication to the minor and the defendant believed on reasonable grounds that the minor was an adult. 52—Leaving or displaying publications in certain places (1) A person must not leave in a public place or, without the occupier's permission, on private premises, or display in such a manner as to be visible to persons in a public place, a publication classified RC or Category 2 restricted, knowing that it is such a publication. Maximum penalty: $10 000. (2) A person must not leave in a public place or, without the occupier's permission, on private premises, or display in such a manner as to be visible to persons in a public place— (a) a submittable publication; or (b) a publication classified Category 1 restricted, knowing that it is such a publication. Maximum penalty: $5 000. (3) It is a defence to a prosecution for an offence against subsection (1) to prove, in a case where a publication classified Category 2 restricted was left or displayed in a public place, that the defendant believed on reasonable grounds that the public place was a restricted publications area. (4) It is a defence to a prosecution for an offence against subsection (2) to prove— (a) that since the offence was alleged to have been committed, the publication has been classified Unrestricted; or (b) in a case where a publication classified Category 1 restricted was left or displayed in a public place, that the public place was a shop or stall and the requirements under this Part for packaging and markings were complied with in relation to the publication. 53—Possession or copying of publication with the intention of selling (1) A person must not possess or copy a publication classified RC, with the intention of selling the publication or the copy. Maximum penalty: $10 000. (2) A person must not possess or copy a submittable publication with the intention of selling the publication or the copy. Maximum penalty: $5 000. (3) It is a defence to a prosecution for an offence against subsection (2) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted, Category 1 restricted or Category 2 restricted. Part 6—Computer games—sale, demonstration etc 54—Sale or demonstration of computer game in public place (1) A person must not sell a computer game, or demonstrate a computer game in a public place, unless the game— (a) is classified; and (b) is sold or distributed with the same title as that under which it is classified; and (c) is sold or distributed in the form, without alteration or addition, in which it is classified. Maximum penalty: $5 000. Expiation fee: $315. (2) Subsection (1) is not contravened by the sale or demonstration of a classified computer game with modifications referred to in section 21(2) or (3) of the Commonwealth Act. 55—Display of notice about classification A person who sells or demonstrates a computer game in a public place must keep a notice in the approved form about classifications for computer games on display in a prominent place in that public place so that the notice is clearly visible to the public. Maximum penalty: $1 250. Expiation fee: $160. 56—Demonstration etc of RC computer games (1) A person must not— (a) sell; or (b) demonstrate in a public place or so that it can be seen from a public place, a computer game classified RC or an unclassified computer game that would, if classified, be classified RC. Maximum penalty: $10 000. (2) A minor who is 15 or older must not buy a computer game classified RC, knowing that it is so classified. Maximum penalty: $750. 58—Demonstration etc of unclassified, R 18+ and MA 15+ computer games (1) A person must not demonstrate a computer game classified R 18+ in a public place unless— (a) the determined markings are exhibited before the game can be played; and (b) entry to the place is restricted to adults. Maximum penalty: $5 000. (1a) A person must not demonstrate so that it can be seen from a public place that is outside the place where it is demonstrated— (a) an unclassified computer game that would, if classified, be classified R 18+; or (b) a computer game classified R 18+. Maximum penalty: $5 000. (1b) A minor who is 15 or older must not buy a computer game classified R 18+, knowing that it is so classified. Maximum penalty: $750. (1c) A person must not demonstrate a computer game classified MA 15+ in a public place unless— (a) the determined markings are exhibited before the game can be played; and (b) entry to the place is restricted to adults or minors who are in the care of a parent or guardian while in the public place. Maximum penalty: $1 250. (2) A person must not demonstrate so that it can be seen from a public place that is outside the place where it is demonstrated— (a) an unclassified computer game that would, if classified, be classified MA 15+; or (b) a computer game classified MA 15+. Maximum penalty: $1 250. 59—Private demonstration of RC and R 18+ computer games in presence of minor (1) A person must not demonstrate in a place, other than a public place, in the presence of a minor— (a) an unclassified computer game that would, if classified, be classified RC; or (b) a computer game classified RC. Maximum penalty: $20 000. (2) A person must not demonstrate in a place, other than a public place, in the presence of a minor, a computer game classified R 18+ unless the person is a parent or guardian of the minor. Maximum penalty: $5 000. (3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that the defendant believed on reasonable grounds that the minor was an adult. 60—Computer games to bear determined markings and consumer advice (1) A person must not sell a computer game unless the determined markings relevant to the classification of the game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the game. Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not sell an unclassified computer game if the container, wrapping or casing in which the game is sold bears a marking that indicates or suggests that the game has been classified. Maximum penalty: $2 500. Expiation fee: $210. (3) A person must not sell a classified computer game if the container, wrapping or casing in which the game is sold bears a marking that indicates or suggests that the game is unclassified or has a different classification. Maximum penalty: $2 500. Expiation fee: $210. (4) A person must not make a computer game available for playing on a pay and play basis (for example, a coin operated arcade game) unless the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the device used for playing the game. Maximum penalty: $2 500. Expiation fee: $210. (5) If two or more computer games are available for playing on a device referred to in subsection (4), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act. (6) If— (a) a computer game is reclassified under the Commonwealth Act; or (b) a classification or consumer advice for a computer game is revoked under the Commonwealth Act, display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 30 days after the decision to reclassify or revoke takes effect. 60A—Keeping R 18+ computer games with other computer games (1) An occupier of premises (other than adult‑only premises) at which computer games with a classification lower than R 18+ are sold must not display material for a computer game classified R 18+ at the premises— (a) unless— (i) the material is displayed in a different area (including, for example, in a different aisle or on a different shelving case, stand or table) from that in which material for other computer games is displayed; and (ii) the area is marked as an area displaying material for computer games classified R 18+ by a notice complying with subsection (2) displayed in a prominent place near the area; and (iii) the surface area of the material that is on display (for example, the cover of a casing containing the game, where that is on display) is not more than 300 cm²; or (b) unless, at all times while on display, the material bears no images or markings other than— (i) the name of the computer game in letters of 10 millimetres or less in height; and (ii) the determined markings relevant to its classification. Maximum penalty: $5 000. Expiation fee: $315. (2) A notice required to be displayed under subsection (1)(a) must contain the following statement (printed in legible type of at least 15 millimetres in height and of a colour that contrasts with the background colour of the notice): R 18+ COMPUTER GAMES AREA—THE PUBLIC ARE WARNED THAT MATERIAL DISPLAYED IN THIS AREA MAY CAUSE OFFENCE. (3) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant— (a) did not know, and could not reasonably have known, that the material was on the premises; or (b) took all reasonable steps to prevent the commission of the offence; or (c) complied with a code of practice set out in the regulations for the purposes of this section. (4) In this section— material for a computer game means— (a) a disc or other device on which the computer game is stored or recorded; or (b) a container, wrapping, casing or other item that bears images or markings representing the computer game. (5) Nothing in this section permits the exhibition of a computer game or part of a computer game classified R 18+ at premises to which this section applies. 61—Keeping unclassified or RC computer games with other computer games (1) If a person keeps or possesses an unclassified computer game or a computer game classified RC on any premises where classified computer games are sold or demonstrated, the person and the occupier of the premises are each guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant did not know, and could not reasonably have known, that the computer game was on the premises. 62—Sale or delivery of certain computer games to minors (1) A person must not sell or deliver to a minor— (a) an unclassified computer game that would, if classified, be classified RC; or (b) a computer game classified RC. Maximum penalty: $20 000. (1a) A person must not sell or deliver to a minor a computer game classified R 18+ unless the person is a parent or guardian of the minor. Maximum penalty: $5 000. (1b) It is a defence to a prosecution for an offence against subsection (1a) to prove that— (a) the minor produced to the defendant or the defendant's employee or agent acceptable proof of age before the defendant sold or delivered the film to the minor and the defendant or the defendant's employee or agent believed on reasonable grounds that the minor was an adult; or (b) the minor was employed by the defendant or the defendant's employer and the delivery took place in the course of that employment. (2) A person must not sell or deliver to a minor who is under 15 a computer game classified MA 15+ unless the person is a parent or guardian of the minor. Maximum penalty: $1 250. (3) It is a defence to a prosecution for an offence against subsection (2) to prove that the defendant or the defendant's employee or agent believed on reasonable grounds that— (a) the minor was 15 or older; or (b) the parent or guardian of the minor had consented to the sale or delivery. 63—Power to demand particulars and expel minors (1) A person demonstrating, selling or delivering computer games who has reasonable cause to suspect that the demonstration, sale or delivery of a computer game to another person is, or would be, in contravention of this Part may demand the name, age and address of the other person. (2) A member of the police force who has reasonable cause to suspect that the demonstration, sale or delivery of a computer game to a person is, or would be, in contravention of this Part may demand the person's name, age and address. (3) A person must not give false particulars or fail or refuse to give satisfactory particulars demanded under subsection (1) or (2). Maximum penalty: $750. (4) If the demonstrator of a computer game classified R 18+ or MA 15+ that is being, or is about to be, demonstrated in a public place, or an employee or agent of the demonstrator or a member of the police force, suspects on reasonable grounds that a person's attendance at the demonstration is, or would be, contrary to restrictions that the demonstrator is required to enforce under this Part, the demonstrator, employee, agent or member of the police force may— (a) require the person to leave the place; and (b) if the person fails to comply with such a requirement—use reasonable force to expel the person from the place. (5) A person must not fail to comply with a requirement under subsection (4). Maximum penalty: $750. 64—Leaving computer games in certain places (1) A person must not leave in a public place or, without the occupier's permission, on private premises— (a) an unclassified computer game that would, if classified, be classified RC; or (b) a computer game classified RC, knowing that the game would be, or is, so classified. Maximum penalty: $10 000. (2) A person must not leave in a public place, or without the occupier's permission, on private premises— (a) an unclassified computer game that would, if classified, be classified R 18+ or MA 15+; or (b) a computer game classified R 18+ or MA 15+, knowing that the game would be, or is, so classified. Maximum penalty: $1 250. 65—Possession or copying of computer game for purpose of sale or demonstration (1) A person must not possess or copy— (a) an unclassified computer game that would, if classified, be classified RC; or (b) a computer game classified RC, with the intention of demonstrating the game or copy in contravention of this Part or selling the game or copy. Maximum penalty: $10 000. (2) In proceedings for an offence against this section, evidence that a person was in possession of or made three or more copies of a computer game of a kind referred to in subsection (1) is evidence that the person intended to demonstrate the game in contravention of this Part or sell the game and, in the absence of evidence to the contrary, is proof of that fact. Part 7—Control of advertising 66—Certain advertisements not to be published (1) A person must not publish an advertisement for a film, publication or computer game— (a) if the advertisement has not been submitted for approval under the Commonwealth Act and, if submitted, would be refused approval; or (b) if the advertisement has been refused approval under the Commonwealth Act; or (c) if the approval of the advertisement is revoked under the Commonwealth Act. Maximum penalty: $5 000. (2) A person must not publish an advertisement for a film, publication or computer game— (a) if the advertisement is approved under the Commonwealth Act, in an altered form to the form in which it is approved; or (b) if the advertisement is approved under the Commonwealth Act subject to conditions, except in accordance with those conditions. Maximum penalty: $5 000. Expiation fee: $315. 67—Certain films, publications and computer games not to be advertised (1) A person must not publish an advertisement for— (b) a film classified RC or X 18+; or (c) a submittable publication; or (d) a publication classified RC; or (f) a computer game classified RC. Maximum penalty: $5 000. Expiation fee: $315. (1a) A person must not publish an advertisement for an unclassified film otherwise than in accordance with— (a) the advertising scheme; or (b) a transitional Commonwealth regulation. Maximum penalty: $5 000. Expiation fee: $315. (1b) A person must not publish an advertisement for an unclassified computer game otherwise than in accordance with the advertising scheme. (2) For the purposes of this section, if a person publishes an advertisement for an unclassified film or an unclassified computer game at the request of another person, that other person alone must be taken to have published it. (3) In this section— transitional Commonwealth regulation means a regulation under Schedule 1 Item 13 of the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Commonwealth). 68—Screening of advertisements with feature films (1) A person must not screen in a public place an advertisement for a film during a program for the exhibition of another film (the feature film) unless the feature film has a classification specified in column 1 of an item in the Table and the advertised film has a classification specified opposite it in column 2 of that item. Table Item|Column 1 Feature film|Column 2 Advertised film| 1|G|G| 2|PG|PG or G| 3|M|M, PG or G| 4|MA 15+|MA 15+, M, PG or G| 5|R 18+|R 18+, MA, M, PG or G| Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not screen an advertisement for an unclassified film in a public place unless the advertisement complies with the advertising scheme. Maximum penalty: $2 500. Expiation fee: $210. 69—Liability of occupier for certain advertisements (1) An occupier of a public place must not screen in the public place an advertisement for a film classified R 18+ or MA 15+. Maximum penalty: $2 500. Expiation fee: $210. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— (a) if the advertised film is classified MA 15+, the advertisement was screened during a program for the exhibition of a film classified R 18+ or MA 15+; or (b) if the advertised film is classified R18+, the advertisement was screened during a program for the exhibition of a film classified R 18+; or (c) the place in which the advertisement was screened was a restricted publications area. 69A—Liability of occupier for R 18+ advertisements in video stores etc (1) An occupier of premises (other than adult‑only premises) at which films or computer games with a classification lower than R 18+ are sold must not— (a) exhibit for promotional purposes at the premises a film or computer game or part of a film or computer game classified R 18+; or (b) display for promotional purposes at the premises a poster, pamphlet or other printed material in relation to a film or computer game classified R 18+. Maximum penalty: $5 000. Expiation fee: $315. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— (a) the defendant took all reasonable steps to prevent the commission of the offence; or (b) the defendant complied with a code of practice prescribed by the regulations for the purposes of this section. (3) This section does not apply to— (a) material for a film, within the meaning of section 40A, that is lawfully displayed in accordance with that section; or (b) material for a computer game, within the meaning of section 60A, that is lawfully displayed in accordance with that section. 70—Sale of feature films with advertisements (1) A person must not sell a film (the feature film) that is accompanied by an advertisement for another film unless the feature film has a classification specified in column 1 of an item in the Table and the advertised film has a classification specified opposite it in column 2 of that item. Table Item|Column 1 Feature film|Column 2 Advertised film| 1|G|G| 2|PG|PG or G| 3|M|M, PG or G| 4|MA 15+|MA 15+, M, PG or G| 5|R 18+|R 18+, MA 15+, M, PG or G| Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not sell a classified film (the feature film) that is accompanied by an advertisement for an unclassified film unless the advertisement complies with the advertising scheme. Maximum penalty: $2 500. Expiation fee: $210. 71—Advertisements with computer games (1) A person must not sell a computer game (the main game) that is accompanied by an advertisement for another computer game unless the main game has a classification specified in column 1 of an item in the Table and the advertised game has a classification specified opposite it in column 2 of that item. Table Item|Column 1 Main game|Column 2 Advertised computer game| 1|G|G| 2|PG|PG or G| 3|M|M, PG or G| 4|MA 15+|MA 15+, M, PG or G| 5|R 18+|R 18+, MA 15+, M, PG or G| Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not sell or demonstrate a classified computer game (the main game) in a public place that is accompanied by an advertisement for an unclassified computer game unless the advertisement complies with the advertising scheme. Maximum penalty: $2 500. Expiation fee: $210. 72—Advertisement to contain determined markings and consumer advice (1) A person must not publish an advertisement for a classified film, classified publication or classified computer game unless— (a) the advertisement contains the determined markings relevant to the classification of the film, publication or game and relevant consumer advice, if any; and (b) the determined markings and consumer advice are displayed— (i) in the manner determined under section 8 of the Commonwealth Act; and (ii) so as to be clearly visible, having regard to the size and nature of the advertisement. Maximum penalty: $2 500. Expiation fee: $210. (2) If— (a) a film, publication or computer game is reclassified under the Commonwealth Act; or (b) a classification or consumer advice for a film, publication or computer game is revoked under the Commonwealth Act, display of the determined markings and consumer advice applicable to the film, publication or computer game before that reclassification or revocation is sufficient compliance with subsection (1) for a period of 30 days after the decision to reclassify or revoke takes effect. 73—Misleading or deceptive advertisements (1) A person must not publish an advertisement for an unclassified film, unclassified publication or unclassified computer game with a marking that indicates or suggests that the film, publication or game is classified. Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not publish an advertisement for a classified film, classified publication or classified computer game with a marking that indicates or suggests that the film, publication or game is unclassified or has a different classification. Maximum penalty: $2 500. Expiation fee: $210. (3) If— (a) a film, publication or computer game is reclassified under the Commonwealth Act; or (b) a classification for a film, publication or computer game is revoked under the Commonwealth Act, publication of the determined markings applicable to the film, publication or computer game before that reclassification or revocation is sufficient compliance with subsection (2) for a period of 30 days after the decision to reclassify or revoke takes effect. 74—Advertisements for Category 2 restricted publications (1) A person must not publish an advertisement for a publication classified Category 2 restricted. Maximum penalty: $5 000. Expiation fee: $315. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the advertisement was published— (a) in a publication classified Category 2 restricted; or (b) in a restricted publications area; or (c) by way of printed or written material delivered to a person at the written request of the person. (3) If an advertisement for a publication classified Category 2 restricted is published in a place other than a restricted publications area, the occupier of the place is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. 75—Classification symbols etc to be published with advertisements A person must not publish a publication containing an advertisement for— (a) a film; or (b) a publication classified Category 1 restricted or Category 2 restricted; or (c) a computer game, unless the publication also contains a list of the classification symbols and determined markings for films or publications or computer games respectively. Maximum penalty: $2 500. Expiation fee: $210. Part 7A—On-line services 75A—Interpretation In this Part— access has the same meaning as in the Commonwealth Broadcasting Act; Internet content has the same meaning as in the Commonwealth Broadcasting Act; matter unsuitable for minors means Internet content consisting of a film or computer game that is classified R 18+, or that would, if classified, be classified R 18+, or an advertisement for any such film or computer game consisting of or containing an extract or sample from the film or computer game comprising moving images; objectionable matter means Internet content consisting of— (a) a film that is classified X 18+ or that would, if classified, be classified X 18+; or (b) a film or computer game that is classified RC or that would, if classified, be classified RC; or (c) an advertisement for a film or computer game referred to in paragraph (a) or (b); or (d) an advertisement that has been, or would be, refused approval under section 29(4) of the Commonwealth Act; on-line service means an Internet carriage service within the meaning of the Commonwealth Broadcasting Act and includes a bulletin board. 75B—Application of Part (1) This Part applies to an on-line service other than an on-line service, or an on-line service of a class, prescribed by regulation. (2) Nothing in this Part makes it an offence to make available or supply objectionable matter or matter unsuitable for minors by means of an on-line service to a person, or class of persons, prescribed by regulation. (3) A person is not guilty of an offence under this Part by reason only of the person— (a) owning, or having the control and management of the operation of, an on-line service; or (b) facilitating access to or from an on-line service by means of transmission, down loading, intermediate storage, access software or similar capabilities. 75C—Making available or supplying objectionable matter on on-line service A person must not, by means of an on-line service, make available, or supply, to another person, objectionable matter— (a) knowing that it is objectionable matter; or (b) being reckless as to whether or not it is objectionable matter. Maximum penalty: $10 000. 75D—Making available or supplying matter unsuitable for minors on on-line service (1) A person must not, by means of an on-line service, make available or supply to another person any matter unsuitable for minors— (a) knowing that it is matter unsuitable for minors; or (b) being reckless as to whether or not it is matter unsuitable for minors. Maximum penalty: $10 000. (2) It is a defence to a prosecution for an offence against this section to prove that— (a) an approved restricted access system operated, at the time of the offence, in relation to access by means of the on-line service to the matter unsuitable for minors; or (b) the defendant intended, and had taken reasonable steps to ensure, that such a system would so operate and any failure of the system to so operate did not result from any act or omission of the defendant. (3) In this section— approved restricted access system means— (a) a restricted access system within the meaning of the Commonwealth Broadcasting Act; or (b) any other system of limiting access declared by the Minister, by notice published in the Gazette, to be an approved restricted access system for the purposes of this definition. (4) A notice declaring a system of limiting access to be an approved restricted access system may be varied or revoked by the Minister by subsequent notice published in the Gazette. 75E—Recklessness (1) A person is reckless as to whether matter is objectionable matter or matter unsuitable for minors if— (a) the person is aware of a substantial risk that the matter is objectionable matter or matter unsuitable for minors; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk. (2) The question of whether taking a risk is unjustifiable is one of fact. Part 9—Miscellaneous 80—Powers of entry, seizure and forfeiture (1) A member of the police force, or a person authorised in writing by the Minister, may, without charge, enter a public place at which the member or person believes on reasonable grounds that a film is being, or is about to be, exhibited. (2) A member of the police force may enter a place that the member believes on reasonable grounds is being used for or in connection with the sale, copying for sale or publication of publications, films or computer games. (3) A member of the police force may seize any publication, film, computer game or other thing that the member believes on reasonable grounds affords evidence of, or has been, is being or is about to be, used in the commission of an offence against this Act or an offence relating to obscenity, indecency or offensive material. (4) Subject to subsection (4a), a court convicting a person of an offence against this Act or an offence relating to obscenity, indecency or offensive material may order that anything seized under this section be forfeited to the Crown. (4a) If— (a) a film, publication or computer game is seized under this section; and (b) a person is convicted of a relevant offence in relation to the film, publication or computer game, the film, publication or computer game is forfeited to the Crown on conviction. (5) A person must not hinder or obstruct a member of the police force, or a person authorised in writing by the Minister, in the exercise of a power under this section. Maximum penalty: $5 000. (6) This section does not limit the powers that a member of the police force may exercise under the Summary Offences Act 1953. (7) In this section— relevant offence means an offence against section 30, 34(1), 38, 40A, 42(1), 44(1), 45, 46(1), 48(2), 51(1), 52(1), 53(1), 56, 59, 60A, 62(1), 64(1), 65 or 69A. 80A—Powers of authorised persons in Australian Public Service (1) The Minister may, by notice published in the Gazette, authorise a person or class of persons appointed under the Commonwealth Public Service Act to issue expiation notices in relation to offences against this Act or specified offences against this Act. (2) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under this section. (3) This section does not derogate from section 6(3) of the Expiation of Offences Act 1996. (4) A person authorised to issue expiation notices under this section may exercise any power of a member of the police force under section 80. (5) If a person authorised to issue expiation notices under this section has reasonable cause to suspect that a person has committed or is about to commit an offence against this Act, the authorised person may require the person to state his or her full name and usual place of residence. (6) If a person authorised to issue expiation notices under this section has reasonable cause to suspect that a name or address as stated in response to a requirement under subsection (5) is false, the person may require the person making the statement to produce evidence of the correctness of the name or address as stated. (7) A person must not— (a) hinder or obstruct a person authorised to issue expiation notices under this section, in the exercise of the powers under this section; or (b) refuse or fail to comply with a requirement made of the person in accordance with this section. Maximum penalty: $5 000. (8) A person authorised to issue expiation notices under this section must carry identification in a form approved by the Minister and must produce it at the request of a person in relation to whom the authorised person has exercised, or intends to exercise, powers under this section. (9) In this section— Commonwealth Public Service Act means the Public Service Act 1999 of the Commonwealth, as amended from time to time, or an Act enacted in substitution for that Act. 80B—Forfeiture of other seized films, publications and computer games (1) Subject to the making of an order under this section, if— (a) proceedings are commenced for prescribed offences relating to 10 or more different products; and (b) the products were seized on the same day from the same premises, any other products seized on that day from those premises may be retained by the Crown and, if 10 or more different products are forfeited to the Crown as a result of those proceedings, all of the other products not the subject of those proceedings are, at the expiry of the prescribed period, also forfeited to the Crown. (2) The owner of any products liable to forfeiture under this section (or the owner's legal representative) must, on making a written request to the Commissioner of Police within two months after the prescribed date, be allowed to view the products at a time and place fixed by the Commissioner of Police. (3) The owner of any products liable to forfeiture under this section may, within the prescribed period, apply to the Magistrates Court for an order for return of the products. (4) An applicant for an order under this section must give notice of the application to the Commissioner of Police. (5) The Commissioner of P