(1) Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,—
(2) It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done.
(3) It is a question of law whether the sale, exposure for sale, distribution, exhibition, or presentation might in the circumstances serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact whether or not the acts complained of did so serve the public good and whether or not there was such excess.
(4) It is no defence that the person charged did not know that the model, object, show, or performance to which the charge relates was indecent, unless that person also satisfies the court—
(5) No one shall be prosecuted for an offence against this section without the leave of the Attorney-General, who before giving leave may make such inquiries as he thinks fit.
Compare: 1908 No 32 s 157
Section 124(1)(b): amended, on 1 January 1967, by section 3(2) of the Crimes Amendment Act 1966 (1966 No 98).
Section 124(1)(c): added, on 1 January 1967, by section 3(1) of the Crimes Amendment Act 1966 (1966 No 98).
Section 124(6): substituted, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).
Section 124(7): repealed, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).