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Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008

Schedule 2 Transport of prohibited material

   

Classification (Publications, Films and Computer Games) Act 1995

1  Section 101

Before “A”, insert “(1)”.

2  At the end of section 101

Add:

             (2)  Subsection (1) does not apply if the person proves that the material was brought into the prescribed area for the sole purpose of transporting it to a place outside the prescribed area.

Note:          A defendant bears a legal burden in relation to the matter in subsection (2)—see section 13.4 of the Criminal Code .

3  Section 102

Before “A”, insert “(1)”.

4  At the end of section 102

Add:

             (2)  Subsection (1) does not apply if the person proves that the material was brought into the prescribed area for the sole purpose of transporting it to a place outside the prescribed area.

Note:          A defendant bears a legal burden in relation to the matter in subsection (2)—see section 13.4 of the Criminal Code .

5  Before subsection 103(3)

Insert:

          (2A)  Subsections (1) and (2) do not apply if the person proves that the supply, or intended supply, was for the sole purpose of transporting the material to a place outside the prescribed area.

Note:          A defendant bears a legal burden in relation to the matter in subsection (2A)—see section 13.4 of the Criminal Code .

6  Paragraph 106(b)

Repeal the paragraph, substitute:

                     (b)  the officer suspects on reasonable grounds that the material:

                              (i)  is prohibited material; and

                             (ii)  was not brought into the prescribed area for the sole purpose of transporting it to a place outside the prescribed area;

7  Paragraph 108(3)(b)

Repeal the paragraph, substitute:

                     (b)  the responsible officer is satisfied, on reasonable grounds, that the material:

                              (i)  is not prohibited material; or

                             (ii)  was brought into the prescribed area for the sole purpose of transporting it to a place outside the prescribed area;

8  Subsection 109(3)

Repeal the subsection, substitute:

             (3)  If the magistrate is satisfied that the material:

                     (a)  is not prohibited material; or

                     (b)  was brought into the prescribed area for the sole purpose of transporting it to a place outside the prescribed area;

the magistrate must order that the material is to be returned. Otherwise the magistrate must refuse to make the order.