Part 8Offences
Offences relating to labelling
120Non-compliance with labelling requirements
Every person commits an offence against this Act who supplies to the public or offers for supply to the public—
- any film in respect of which no label has been issued under this Act; or
- any film that, in contravention of regulations made under this Act, does not have displayed either on it or on any cassette, case, or other container in or on which that film is supplied to the public or offered for supply to the public, the label issued under this Act in respect of that film.
Every person commits an offence against this Act who—
- exhibits to the public or makes available any film in respect of which no label has been issued under this Act; or
- in contravention of regulations made under this Act,—
- fails to display, in the prescribed form and manner, the contents of any label issued under this Act in respect of a film; or
- fails to advertise, in the prescribed form and manner, the contents of any such label.
- fails to display, in the prescribed form and manner, the contents of any label issued under this Act in respect of a film; or
Every person commits an offence against this Act who supplies to the public or offers for supply to the public any film at a time when that film, or the cassette, case, or other container in or on which that film is supplied to the public or offered for supply to the public, has displayed on it, otherwise than in accordance with regulations made under this Act, the label issued under this Act in respect of that film.
Nothing in this section shall apply in relation to the public supply or public exhibition of a film that is exempted by section 7 or section 8 from the requirements of section 6 and section 46C.
Every person who commits an offence against subsection (1) or subsection (2) or subsection (3) is liable on conviction to a fine not exceeding,—
- in the case of an individual, $3,000:
- in the case of a body corporate, $10,000.
Compare
- 1983 No 130 s 24
- 1987 No 85 s 14
Notes
- Section 120(1)(b): amended, on , by section 21(1) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
- Section 120(2)(a): amended, on , by section 18(1) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
- Section 120(3): amended, on , by section 21(2) of the Films, Videos, and Publications Classification Amendment Act 2012 (2012 No 62).
- Section 120(4): amended, on , by section 18(2) of the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 (2020 No 49).
- Section 120(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).


