Films, Videos, and Publications Classification Amendment Act 2005

23 New sections 109 to 109C substituted

• (1) The principal Act is amended by repealing section 109, and substituting the following sections:

  “109 Search warrants for offences against specified sections (other than sections 126 and 131A)

  • A District Court Judge, Justice, or Community Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

    • “(a) any objectionable publication that there are reasonable grounds to believe is being kept for the purpose of being so dealt with as to constitute an offence against section 123 or section 124 or section 127 or section 129; or

    • “(b) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence of that kind; or

    • “(c) any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence of that kind.

  “109A Search warrants from District Court Judges for offences against sections 126 and 131A

  • “(1) A District Court Judge may, on an application in writing made on oath, issue a search warrant if satisfied—

    • “(a) that there are reasonable grounds for believing that there is in or on any place or thing—

      • “(i) a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126 (offences involving knowledge in relation to restricted publications); or

      • “(ii) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126; or

      • “(iii) an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A (offences relating to possession of objectionable publications and involving knowledge); or

      • “(iv) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A; and

    • “(b) that in all the circumstances it is reasonable to do so.

    “(2) In considering whether to issue a warrant under this section, the District Court Judge must have regard to—

    • “(a) the nature and seriousness of the alleged offending to which the application relates; and

    • “(b) any information provided by the applicant about the importance, to the investigation of the offence, of the issue of a warrant; and

    • “(c) any other matter the Judge considers relevant.

  “109B Search warrants from Registrars, etc, for offences against section 126 or section 131A

  • A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisfied—

    • “(a) that, in the particular case,—

      • “(i) that all reasonable efforts have been made to obtain a warrant under section 109A; but

      • “(ii) that no District Court Judge is available to deal with an application under section 109A; and

      • “(iii) that delaying a search until a warrant under section 109A could be obtained would create a real risk that the purpose of that search would be frustrated; and

    • “(b) that there are reasonable grounds for believing that there is in or on any place or thing—

      • “(i) a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126 (offences involving knowledge in relation to restricted publications); or

      • “(ii) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126; or

      • “(iii) an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A (offences relating to possession of objectionable publications and involving knowledge); or

      • “(iv) any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A.

  “109C Who may apply for search warrants

  • An application under section 109 or section 109A or section 109B may be made by an Inspector or a member of the police.”

  (2) Section 2 of the principal Act is amended by omitting from the definition of search warrant the words “of this Act”, and substituting the words “or section 109A or section 109B”.

  (3) Section 111(2) of the principal Act is consequentially amended by repealing paragraph (d), and substituting the following paragraph:

  • “(d) to search for and seize anything referred to—

    • “(i) in section 109(a) to (c), if the warrant is issued under section 109; or

    • “(ii) in section 109A(1)(a)(i) or (ii), if the warrant is issued under section 109A in respect of an offence against section 126; or

    • “(iii) in section 109A(1)(a)(iii) or (iv), if the warrant is issued under section 109A in respect of an offence against section 131A; or

    • “(iv) in section 109B(b)(i) or (ii), if the warrant is issued under section 109B in respect of an offence against section 126; or

    • “(v) in section 109B(b)(iii) or (iv), if the warrant is issued under section 109B in respect of an offence against section 131A.”

  (4) Section 118(5) of the principal Act is consequentially amended by omitting the words “of this Act”, and substituting the words “or section 109A or section 109B”.

  (5) Section 198 of the Summary Proceedings Act 1957 is amended by inserting, after subsection (1), the following subsection:

  • “(1A) Despite subsection (1), no search warrant may be issued under this section in respect of an offence against a provision of the Films, Videos, and Publications Classification Act 1993.”