Films, Videos, and Publications Classification Act 1993

132A Aggravating factor to be taken into account in sentencing, etc, for certain publications offences

• (1) This section applies to an offence (the offence) if it is committed after the commencement of this section and it is an offence against—

  • (a) section 124(1); or

  • (b) section 127(4); or

  • (c) section 129(3); or

  • (d) section 131A(1); or

  • (e) section 209(1A) of the Customs and Excise Act 1996.

  (2) In sentencing or otherwise dealing with an offender for the offence, the court must take into account as an aggravating factor the extent to which any publication that was the subject of the offence is objectionable because it does any or all of the following:

  • (a) promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes:

  • (b) describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:

  • (c) exploits the nudity of children, or young persons, or both.

  (3) In deciding for the purposes of subsection (2) to what extent (if any) a publication is objectionable because it does any or all of the things specified in subsection (2)(a) to (c), the court must have regard,—

  • (a) if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38, or by the Board, under section 55; and

  • (b) if the publication has been referred to the Classification Office under section 29(1) or section 41(3), to the report provided by the Classification Office to the court under section 30.

  (4) Nothing in this section affects the application of the Sentencing Act 2002 in respect of the offence.

  Section 132A: inserted, on 22 February 2005, by section 32 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).