Films, Videos, and Publications Classification Act 1993

129 Offences in public place

(1)

Every person commits an offence against this Act who exhibits or displays an objectionable publication in or within view of a public place.

(2)

It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.

(2A)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

(3)

Every person commits an offence against this Act who distributes an objectionable publication to any person in a public place knowing or having reasonable cause to believe that the publication is objectionable.

(4)

Every person who commits an offence against subsection (3) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000:

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

Compare: 1963 No 22 ss 21(1)(i), (2), 22(1)(e), (2); 1972 No 136 s 7(2); 1987 No 85 ss 51(1)(h), (2), (3), 52(1)(d), (2)

Section 129(2A): inserted, on 22 February 2005, by section 30(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 129(2A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 129(4): substituted, on 22 February 2005, by section 30(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Section 129(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).