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Legislative Assembly for the ACT: 1995 Week 10 Hansard (5 December) . . Page.. 2680 ..


Detail Stage

Bill, by leave, taken as a whole

MR HUMPHRIES (Attorney-General) (4.44): Mr Speaker, I have circulated four amendments which were suggested by the report of the Standing Committee on Scrutiny of Bills. I seek leave to move those four amendments together.

Leave granted.

MR HUMPHRIES: I move:

Page 9, line 32 to page 10, line 7, clause 21, subclause (6), omit the subclause, substitute the following subclause:

"(6) It is a defence to a prosecution for an offence against subsection (5) to prove that -

(a) the defendant believed on reasonable grounds that -

(i) the person was 15 years of age or older; or

(ii) the parent or guardian of the minor had consented to the sale or delivery; or

(b) the defendant did not know, or could not reasonably have known -

(i) the film was classified MA; or

(ii) in the case of an unclassified film which is subsequently classified MA - it would subsequently be so classified.".

Page 18, lines 24 to 29, clause 40, subclause (2), omit the subclause, substitute the following subclause:

"(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant did not know, or could not reasonably have known, that -

(a) the computer game was on the premises; or

(b) the computer game was an unclassified computer game or a computer game classified RC.".


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