Under Australian law it may be a criminal offence for you to buy or sell certain types of publications, films and computer games. The Classification (Publications, Films and Computer Games) Act 1995 sets out guidelines for the classification of these items. In general, if publications and computer games that are classified RC (refused classification) or films which are classified RC or X are considered by the authorities to be indecent. You may be committing an offence by buying or selling such items on eBay.

It is illegal to have CHILD PORNOGRAPHY in your possession. Any such item listing that is brought to eBay's attention will be ended immediately and the relevant information referred to the proper authorities.

eBay members should consider whether items they intend to buy or sell are legal. As a guide, the following types of items may be illegal to buy or sell:

Publications, films and computer games:

• that are classified as RC (refused classification);
• that have not been released in Australia or submitted for classification to the Office of Film and Literature Classification, including internationally released versions that significantly differ from the domestic release;
• that describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults;
• that describes or depict in a way that is likely to cause offence to a reasonable adult, a minor who is, or who appears to be, under 16 (whether the minor is engaged in sexual activity or not). This material is generally described as child pornography (see the warning above);
• that promote, incite or instruct in matters of crime or violence; and
• in the case of computer games, that are unsuitable for a minor to see or play.

Films

Films (in addition to the types of films identified above):

• that are classified X;
• that explicitly depict sexual activity between adults, where there is sexual violence, coercion or non-consent of any kind, in a way that is likely to cause offence to a reasonable adult; and
• that are unsuitable for a minor to see.

eBay Australia allow certain types of publications. This includes Playboy, Playgirl and Penthouse magazines. Apart from the item's classification, when considering whether a publication should be allowed on our site, we consider the overall content of the listing, including pictures and text. For example, if an item description leads us to believe the content of the listing is not permitted as defined by this policy, that item will be ended. Please note that blocking the questionable parts of an image will not exempt the item from these standards. The following guidelines apply to the listing of these publications:

• Post-1980 mature audience magazines - Because of sensitivity to certain content in other countries, eBay Australia has made a policy decision to allow such items so long as you indicate in the listing that you will not post outside Australia. That is, when you are completing the sell your item form you choose "will post to Australia only". Items in violation of this policy will be ended and continued violation may result in the seller's account being suspended.
• Pre-1980 mature audience magazines - Mature audience magazines such as Playboy, Penthouse and Playgirl published pre-1980 are considered as listed for collectors' purposes only therefore may be listed to post outside of Australia. These listings should clearly show the month and year of publication (the 1980 cut-off date was selected by eBay to define the distinction between collectable and new for the purposes of our site.) Members listing such items may only post a picture that does not portray frontal nudity or graphic sexual activity. Again, please note that blocking the "risqué" parts of an image will not exempt the item from these standards.

Mature Audience/Sexually oriented material

eBay allows for the listing of certain types of adult novelty items. Such items may include various types of toys, collectables, or food items in the shape of genitalia primarily intended for adult buyers (unless the item requires the buyer to be 18 in order to purchase.). Items that are intended for use in a sexual setting (including "bondage" and "fetish" items,) display sexual activity or portray human genitalia in a "life-like" or realistic fashion are not allowed and will be ended by eBay. Examples of items that may be allowed include soaps, certain food items (such as pasta) and keychains. However, extreme cases may be ended as warranted. An example of such an item not normally permitted would be a vibrator intended for use in sexual activity (massagers are OK.) Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.

ANY ILLEGAL ITEM LISTING THAT IS BROUGHT TO EBAY'S ATTENTION WILL BE ENDED (AND RELEVANT INFORMATION WILL BE REFERRED TO THE PROPER AUTHORITIES).

Members also have the option to make a complaint to the Australian Broadcasting Authority (ABA) regarding prohibited content or potential prohibited contact. For more information regarding the ABA complaints procedures please click here.

Alternatively, to review the ABA's Internet Industry Codes of Practice please click here.

What is unlikely to be an illegal item?

Classifications made under the Classifications (Publications, Films and Computer Games) Act 1995 are required to take into account the standards of morality, decency and propriety generally accepted by reasonable adults, the literary, artistic or educational merit of the material, its general character including whether it is of a medical, legal or scientific character and the persons or class of persons to or amongst it is published or is intended or likely to be published. This is intended to ensure material that is for bona fide socially beneficial uses is not unnecessarily restricted. As a guide, this may incorporate, but is not necessarily limited to, pieces of artwork that may be considered fine art such as certain paintings, carvings, figurines and other similar materials.