{"id":"qld:act-1991-078","name":"Classification of Publications Act 1991","slug":"classification-of-publications-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"78 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104830,"registerId":"qld-act-1991-078-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Classification of Publications Act 1991 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Application of Act","content":"### sec.2A Application of Act\n\nThis Act does not apply in relation to a relevant showing of a publication to the extent the publication is subject to a conditional cultural exemption in relation to the relevant showing.\ns 2A ins 2017 No. 17 s 77","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 3 amd 1993 No. 82 s 19 (1) ; 2017 No. 17 s 78 (4)\nNote—s 3 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in s 3 are located in annotations for sch 1.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 amd 1996 No. 56 s 92\nom 2017 No. 17 s 79","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Inspectors","content":"### sec.5 Inspectors\n\nFor the purposes of this Act, the chief executive may appoint any of the following persons to be an inspector—\na public service officer;\na police officer.\nA proposed appointment of a police officer must have the approval of the commissioner of the police service under the Police Powers and Responsibilities Act 2000 , section 13 .\nThe chief executive may appoint a person mentioned in subsection (1) (a) to be an inspector only if the chief executive believes the person has the necessary expertise or experience to be an inspector.\nThe chief executive may issue an identity card to an inspector who is not a police officer.\nThe identity card must—\ncontain a recent photograph of the inspector; and\nbe in a form approved by the chief executive.\nA person who ceases to be an inspector must, as soon as practicable, return his or her identity card to the chief executive.\nMaximum penalty for subsection (5) —5 penalty units.\ns 5 amd 2000 No. 5 s 373 sch 3 ; 2009 No. 48 s 210 ; 2017 No. 17 s 80\n(sec.5-ssec.1) For the purposes of this Act, the chief executive may appoint any of the following persons to be an inspector— a public service officer; a police officer. A proposed appointment of a police officer must have the approval of the commissioner of the police service under the Police Powers and Responsibilities Act 2000 , section 13 .\n(sec.5-ssec.2) The chief executive may appoint a person mentioned in subsection (1) (a) to be an inspector only if the chief executive believes the person has the necessary expertise or experience to be an inspector.\n(sec.5-ssec.3) The chief executive may issue an identity card to an inspector who is not a police officer.\n(sec.5-ssec.4) The identity card must— contain a recent photograph of the inspector; and be in a form approved by the chief executive.\n(sec.5-ssec.5) A person who ceases to be an inspector must, as soon as practicable, return his or her identity card to the chief executive. Maximum penalty for subsection (5) —5 penalty units.\n- (a) a public service officer;\n- (b) a police officer. Note— A proposed appointment of a police officer must have the approval of the commissioner of the police service under the Police Powers and Responsibilities Act 2000 , section 13 .\n- (a) contain a recent photograph of the inspector; and\n- (b) be in a form approved by the chief executive.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2017 No. 17 s 81","sortOrder":7},{"sectionNumber":"sec.6A","sectionType":"section","heading":null,"content":"### Section sec.6A\n\ns 6A ins 1993 No. 82 s 20\namd 2009 No. 48 s 211\nom 2017 No. 17 s 81","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 amd 1993 No. 82 s 3 sch 1\nom 2017 No. 17 s 81","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 2017 No. 17 s 81","sortOrder":10},{"sectionNumber":"pt.2","sectionType":"part","heading":"Classification of publications","content":"# Classification of publications","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 1996 No. 56 s 93\nom 2017 No. 17 s 82","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Power to require publisher to submit application for classification of a publication","content":"### sec.9A Power to require publisher to submit application for classification of a publication\n\nThis section applies if—\nthe director reasonably believes a publication is a submittable publication; and\nthe publication is being published in Queensland, or the director reasonably believes the publication will be published in Queensland; and\nif the publication is being published in Queensland—the publication is not subject to a conditional cultural exemption in relation to the publication.\nThe director may, by written notice given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the board.\nThe notice has effect only if it is published in the Commonwealth gazette.\nA person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it.\nMaximum penalty—20 penalty units.\ns 9A ins 1996 No. 56 s 94\namd 2003 No. 94 s 26 ; 2017 No. 17 s 83\n(sec.9A-ssec.1) This section applies if— the director reasonably believes a publication is a submittable publication; and the publication is being published in Queensland, or the director reasonably believes the publication will be published in Queensland; and if the publication is being published in Queensland—the publication is not subject to a conditional cultural exemption in relation to the publication.\n(sec.9A-ssec.2) The director may, by written notice given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the board.\n(sec.9A-ssec.3) The notice has effect only if it is published in the Commonwealth gazette.\n(sec.9A-ssec.4) A person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units.\n- (a) the director reasonably believes a publication is a submittable publication; and\n- (b) the publication is being published in Queensland, or the director reasonably believes the publication will be published in Queensland; and\n- (c) if the publication is being published in Queensland—the publication is not subject to a conditional cultural exemption in relation to the publication.","sortOrder":13},{"sectionNumber":"sec.9B","sectionType":"section","heading":"Power to require certain advertisements to be submitted for approval","content":"### sec.9B Power to require certain advertisements to be submitted for approval\n\nThe director may, by written notice given to the publisher of a publication that—\nthe director reasonably believes is a submittable publication; and\nis being published in Queensland, or the director reasonably believes will be published in Queensland;\nrequire the publisher to submit to the board for approval a copy of each advertisement used or intended to be used in connection with the publication.\nA person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it.\nMaximum penalty—20 penalty units.\ns 9B ins 1996 No. 56 s 94\namd 2003 No. 94 s 27 ; 2017 No. 17 s 84\n(sec.9B-ssec.1) The director may, by written notice given to the publisher of a publication that— the director reasonably believes is a submittable publication; and is being published in Queensland, or the director reasonably believes will be published in Queensland; require the publisher to submit to the board for approval a copy of each advertisement used or intended to be used in connection with the publication.\n(sec.9B-ssec.2) A person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it. Maximum penalty—20 penalty units.\n- (a) the director reasonably believes is a submittable publication; and\n- (b) is being published in Queensland, or the director reasonably believes will be published in Queensland;","sortOrder":14},{"sectionNumber":"sec.9C","sectionType":"section","heading":"Defence to prosecution under s 9A or 9B","content":"### sec.9C Defence to prosecution under s 9A or 9B\n\nIn relation to a publication the director reasonably believes is a submittable publication that will be published in Queensland, it is a defence to a prosecution for an offence under section 9A or 9B for the defendant to prove that the defendant did not intend to publish, or authorise or cause someone else to publish, the publication in Queensland.\ns 9C ins 1996 No. 56 s 94\namd 2003 No. 94 s 28 ; 2017 No. 17 s 85","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 om 2017 No. 17 s 86","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 sub 2008 No. 51 s 35\namd 2009 No. 24 s 1386\nom 2017 No. 17 s 86","sortOrder":17},{"sectionNumber":"pt.2A","sectionType":"part","heading":null,"content":"","sortOrder":18},{"sectionNumber":"sec.11A","sectionType":"section","heading":null,"content":"### Section sec.11A\n\ns 11A ins 1997 No. 82 s 19\nom 2017 No. 17 s 87","sortOrder":19},{"sectionNumber":"sec.11B","sectionType":"section","heading":null,"content":"### Section sec.11B\n\ns 11B ins 1997 No. 82 s 19\nom 2017 No. 17 s 87","sortOrder":20},{"sectionNumber":"sec.11C","sectionType":"section","heading":null,"content":"### Section sec.11C\n\ns 11C ins 1997 No. 82 s 19\namd 2008 No. 51 s 36 ; 2009 No. 48 s 212 ; 2009 No. 24 s 1387\nom 2017 No. 17 s 87","sortOrder":21},{"sectionNumber":"sec.11D","sectionType":"section","heading":null,"content":"### Section sec.11D\n\ns 11D ins 1997 No. 82 s 19\namd 2008 No. 51 s 37 ; 2009 No. 24 s 1388\nom 2017 No. 17 s 87","sortOrder":22},{"sectionNumber":"sec.11E","sectionType":"section","heading":null,"content":"### Section sec.11E\n\ns 11E ins 1997 No. 82 s 19\nom 2017 No. 17 s 87","sortOrder":23},{"sectionNumber":"pt.3","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":24},{"sectionNumber":"sec.12","sectionType":"section","heading":"Sale etc. of prohibited publication","content":"### sec.12 Sale etc. of prohibited publication\n\nA person must not advertise, sell or distribute, or attempt to advertise, sell or distribute, a prohibited publication.\nMaximum penalty—\nin the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\nin the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\nin the case of a child abuse publication—600 penalty units or imprisonment for 2 years.\ns 12 amd 1993 No. 82 s 21 ; 1996 No. 56 s 95 ; 2017 No. 17 s 88\n- (a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\n- (b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\n- (c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.","sortOrder":25},{"sectionNumber":"sec.13","sectionType":"section","heading":"Possession of prohibited publication","content":"### sec.13 Possession of prohibited publication\n\nA person must not have possession of a prohibited publication for the purpose of publishing it.\nMaximum penalty—\nin the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\nin the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\nin the case of a child abuse publication—600 penalty units or imprisonment for 2 years.\ns 13 amd 1996 No. 56 s 96\n- (a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\n- (b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\n- (c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.","sortOrder":26},{"sectionNumber":"sec.14","sectionType":"section","heading":"Possession of child abuse publication","content":"### sec.14 Possession of child abuse publication\n\nA person must not knowingly have possession of a child abuse publication.\nMaximum penalty—300 penalty units or imprisonment for 1 year.\ns 14 sub 1993 No. 82 s 22\namd 2017 No. 17 s 89","sortOrder":27},{"sectionNumber":"sec.15","sectionType":"section","heading":"Exhibition or display of prohibited publication   ","content":"### sec.15 Exhibition or display of prohibited publication   \n\nA person must not exhibit or display, or attempt to exhibit or display, a prohibited publication—\nin a public place; or\nin such a way that it is visible to persons in or on a public place.\nMaximum penalty—\nin the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\nin the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\nin the case of a child abuse publication—600 penalty units or imprisonment for 2 years.\ns 15 amd 1993 No. 82 s 23 ; 1996 No. 56 s 97 ; 2017 No. 17 s 90\n- (a) in a public place; or\n- (b) in such a way that it is visible to persons in or on a public place.\n- (a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\n- (b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\n- (c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.","sortOrder":28},{"sectionNumber":"sec.16","sectionType":"section","heading":"Leaving prohibited publication in or on public place","content":"### sec.16 Leaving prohibited publication in or on public place\n\nA person must not leave, or attempt to leave, a prohibited publication in or on a public place with intent to cause offence to another person or with reckless disregard to the offence that could be caused to another person.\nMaximum penalty—\nin the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\nin the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\nin the case of a child abuse publication—600 penalty units or imprisonment for 2 years.\ns 16 amd 1993 No. 82 s 24 ; 1996 No. 56 s 98 ; 2017 No. 17 s 91\n- (a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\n- (b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\n- (c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.","sortOrder":29},{"sectionNumber":"sec.17","sectionType":"section","heading":"Producing prohibited publication","content":"### sec.17 Producing prohibited publication\n\nA person must not print or otherwise make or produce, or attempt to print or otherwise make or produce, a prohibited publication for the purpose of publishing it.\nMaximum penalty—\nin the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\nin the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\nin the case of a child abuse publication—800 penalty units or imprisonment for 3 years.\nA person must not copy, or attempt to copy, a prohibited publication for the purpose of publishing it.\nMaximum penalty—\nin the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\nin the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\nin the case of a child abuse publication—800 penalty units or imprisonment for 3 years.\nA person must not print or otherwise make or produce, or attempt to print or otherwise make or produce, a child abuse publication.\nMaximum penalty—800 penalty units or imprisonment for 3 years.\nA person must not copy, or attempt to copy, a child abuse publication.\nMaximum penalty—800 penalty units or imprisonment for 3 years.\ns 17 amd 1996 No. 56 s 99\n(sec.17-ssec.1) A person must not print or otherwise make or produce, or attempt to print or otherwise make or produce, a prohibited publication for the purpose of publishing it. Maximum penalty— in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or in the case of a child abuse publication—800 penalty units or imprisonment for 3 years.\n(sec.17-ssec.2) A person must not copy, or attempt to copy, a prohibited publication for the purpose of publishing it. Maximum penalty— in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or in the case of a child abuse publication—800 penalty units or imprisonment for 3 years.\n(sec.17-ssec.3) A person must not print or otherwise make or produce, or attempt to print or otherwise make or produce, a child abuse publication. Maximum penalty—800 penalty units or imprisonment for 3 years.\n(sec.17-ssec.4) A person must not copy, or attempt to copy, a child abuse publication. Maximum penalty—800 penalty units or imprisonment for 3 years.\n- (a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\n- (b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\n- (c) in the case of a child abuse publication—800 penalty units or imprisonment for 3 years.\n- (a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or\n- (b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or\n- (c) in the case of a child abuse publication—800 penalty units or imprisonment for 3 years.","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Procurement of minor for RC publication","content":"### sec.18 Procurement of minor for RC publication\n\nA person must not procure, or attempt to procure, a minor to be in any way concerned in the making or production of an RC publication.\nMaximum penalty—\nin the case of a child abuse publication—1,000 penalty units or imprisonment for 5 years; or\nin any other case—800 penalty units or imprisonment for 3 years.\ns 18 amd 1993 No. 82 s 25 ; 1996 No. 56 s 100 ; 2017 No. 17 s 92\n- (a) in the case of a child abuse publication—1,000 penalty units or imprisonment for 5 years; or\n- (b) in any other case—800 penalty units or imprisonment for 3 years.","sortOrder":31},{"sectionNumber":"sec.19","sectionType":"section","heading":"Advertisers not liable in certain circumstances","content":"### sec.19 Advertisers not liable in certain circumstances\n\nA person who advertises a publication is not guilty of an offence against section 12 if the person does not know, and has no reason to suspect, the publication is a prohibited publication.\ns 19 sub 2017 No. 17 s 93","sortOrder":32},{"sectionNumber":"sec.20","sectionType":"section","heading":"Leaving prohibited publication in or on private premises","content":"### sec.20 Leaving prohibited publication in or on private premises\n\nA person must not knowingly or recklessly leave, or attempt to leave, a prohibited publication in or on private premises without the occupier’s permission.\nMaximum penalty—\nin the case of a restricted publication—25 penalty units or imprisonment for 1 month; or\nin the case of an RC publication (other than a child abuse publication)—150 penalty units or imprisonment for 6 months; or\nin the case of a child abuse publication—300 penalty units or imprisonment for 1 year.\ns 20 amd 1993 No. 82 s 26 ; 1996 No. 56 s 101 ; 2017 No. 17 s 94\n- (a) in the case of a restricted publication—25 penalty units or imprisonment for 1 month; or\n- (b) in the case of an RC publication (other than a child abuse publication)—150 penalty units or imprisonment for 6 months; or\n- (c) in the case of a child abuse publication—300 penalty units or imprisonment for 1 year.","sortOrder":33},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Offence to publish a publication classified unrestricted without its determined markings","content":"### sec.20A Offence to publish a publication classified unrestricted without its determined markings\n\nA person must not publish, or attempt to publish, a publication classified unrestricted unless it bears its determined markings.\nMaximum penalty—25 penalty units.\ns 20A ins 1996 No. 56 s 102","sortOrder":34},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Offence to publish a publication with a misleading or deceptive marking","content":"### sec.20B Offence to publish a publication with a misleading or deceptive marking\n\nA person must not publish an unclassified publication with a marking indicating the publication is classified.\nMaximum penalty—20 penalty units.\ns 20B ins 1996 No. 56 s 102","sortOrder":35},{"sectionNumber":"sec.20C","sectionType":"section","heading":null,"content":"### Section sec.20C\n\ns 20C ins 1997 No. 82 s 20\nom 2017 No. 17 s 95","sortOrder":36},{"sectionNumber":"sec.20D","sectionType":"section","heading":"Sale or delivery of publications contrary to conditions","content":"### sec.20D Sale or delivery of publications contrary to conditions\n\nIf a publication is classified unrestricted subject to a condition imposed under section 13A of the Commonwealth Act, a person must not sell or deliver the publication except in accordance with the condition.\nMaximum penalty—25 penalty units.\ns 20D ins 2002 No. 13 s 30","sortOrder":37},{"sectionNumber":"sec.20E","sectionType":"section","heading":"Consumer advice for unrestricted publications","content":"### sec.20E Consumer advice for unrestricted publications\n\nA person must not sell a publication classified unrestricted for which the board has determined consumer advice under section 20 (2) of the Commonwealth Act unless the consumer advice is displayed on the publication or the packaging of the publication.\nMaximum penalty—25 penalty units.\nUnder the Commonwealth Act , section 22CF (5) , particular consumer advice determined by an approved classification tool is taken to be consumer advice determined by the board under section 20 of that Act.\ns 20E ins 2002 No. 13 s 30\namd 2017 No. 17 s 96","sortOrder":38},{"sectionNumber":"pt.4","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":39},{"sectionNumber":"sec.21","sectionType":"section","heading":"Inspector to produce identity card","content":"### sec.21 Inspector to produce identity card\n\nAn inspector who is not a police officer is not entitled to exercise powers under this part in relation to another person unless the inspector first produces the inspector’s identity card for inspection by the person.","sortOrder":40},{"sectionNumber":"sec.22","sectionType":"section","heading":"Entry and search—monitoring compliance","content":"### sec.22 Entry and search—monitoring compliance\n\nSubject to subsection (2) , an inspector may, for the purpose of finding out whether the requirements of this Act are being complied with—\nenter or board any place; and\nexercise the powers set out in section 24 .\nAn inspector must not enter or board a place, or exercise a power under subsection (1) , unless—\nthe occupier of the place (if any) consents to the entry or boarding or exercise of the power; or\na warrant under section 25 authorises the entry or exercise of the power; or\nthe place is premises, or that part of premises, to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public.\nAn inspector who is permitted by this section to enter or board a vehicle, vessel or aircraft may, for the purpose of effecting the entry or boarding and for the purpose of exercising any powers that the inspector is permitted to exercise, stop and detain the vehicle, vessel or aircraft.\n(sec.22-ssec.1) Subject to subsection (2) , an inspector may, for the purpose of finding out whether the requirements of this Act are being complied with— enter or board any place; and exercise the powers set out in section 24 .\n(sec.22-ssec.2) An inspector must not enter or board a place, or exercise a power under subsection (1) , unless— the occupier of the place (if any) consents to the entry or boarding or exercise of the power; or a warrant under section 25 authorises the entry or exercise of the power; or the place is premises, or that part of premises, to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public.\n(sec.22-ssec.3) An inspector who is permitted by this section to enter or board a vehicle, vessel or aircraft may, for the purpose of effecting the entry or boarding and for the purpose of exercising any powers that the inspector is permitted to exercise, stop and detain the vehicle, vessel or aircraft.\n- (a) enter or board any place; and\n- (b) exercise the powers set out in section 24 .\n- (a) the occupier of the place (if any) consents to the entry or boarding or exercise of the power; or\n- (b) a warrant under section 25 authorises the entry or exercise of the power; or\n- (c) the place is premises, or that part of premises, to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public.","sortOrder":41},{"sectionNumber":"sec.23","sectionType":"section","heading":"Entry and search—evidence of offences","content":"### sec.23 Entry and search—evidence of offences\n\nSubject to subsection (3) , if an inspector has reasonable grounds for suspecting that there is in or on a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the inspector may—\nenter or board the place; and\nexercise the powers set out in section 24 .\nIf an inspector enters or boards the place and finds the evidence, the following provisions have effect—\nthe inspector may seize the evidence;\nsubject to section 35 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings;\nif the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.\nAn inspector must not enter or board the place or exercise a power under subsection (1) unless—\nthe occupier (if any) of the place consents to the entry or boarding or exercise of the power; or\na warrant under section 26 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power.\nIf in the course of searching the place under subsection (1) under a warrant under section 26 , an inspector—\nfinds a thing that the inspector believes, on reasonable grounds to be—\na thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\na thing that will afford evidence of the commission of another offence against this Act; and\nthe inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent—\nits concealment, loss or destruction; or\nits use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;\nsubsection (2) applies to the thing as if it were the evidence.\ns 23 amd 1996 No. 56 s 103\n(sec.23-ssec.1) Subject to subsection (3) , if an inspector has reasonable grounds for suspecting that there is in or on a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the inspector may— enter or board the place; and exercise the powers set out in section 24 .\n(sec.23-ssec.2) If an inspector enters or boards the place and finds the evidence, the following provisions have effect— the inspector may seize the evidence; subject to section 35 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.\n(sec.23-ssec.3) An inspector must not enter or board the place or exercise a power under subsection (1) unless— the occupier (if any) of the place consents to the entry or boarding or exercise of the power; or a warrant under section 26 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power.\n(sec.23-ssec.4) If in the course of searching the place under subsection (1) under a warrant under section 26 , an inspector— finds a thing that the inspector believes, on reasonable grounds to be— a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or a thing that will afford evidence of the commission of another offence against this Act; and the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent— its concealment, loss or destruction; or its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence.\n- (a) enter or board the place; and\n- (b) exercise the powers set out in section 24 .\n- (a) the inspector may seize the evidence;\n- (b) subject to section 35 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings;\n- (c) if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession.\n- (a) the occupier (if any) of the place consents to the entry or boarding or exercise of the power; or\n- (b) a warrant under section 26 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power.\n- (a) finds a thing that the inspector believes, on reasonable grounds to be— (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\n- (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (b) the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;\n- (i) its concealment, loss or destruction; or\n- (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;\n- (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\n- (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (i) its concealment, loss or destruction; or\n- (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be;","sortOrder":42},{"sectionNumber":"sec.24","sectionType":"section","heading":"General powers of inspector in relation to places","content":"### sec.24 General powers of inspector in relation to places\n\nThe powers an inspector may exercise under section 22 (1) (b) or 23 (1) (b) in relation to a place are as follows—\nto search any part of the place;\nto inspect or examine anything in or on the place;\nto take extracts from, and make copies of, any documents in or on the place;\nto take into or onto the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place;\nto require the occupier or any person in or on the place to give to the inspector reasonable assistance in relation to the exercise of the inspector’s powers mentioned in paragraphs (a) to (d) .\nA person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) .\nMaximum penalty—10 penalty units.\nIt is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.\n(sec.24-ssec.1) The powers an inspector may exercise under section 22 (1) (b) or 23 (1) (b) in relation to a place are as follows— to search any part of the place; to inspect or examine anything in or on the place; to take extracts from, and make copies of, any documents in or on the place; to take into or onto the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place; to require the occupier or any person in or on the place to give to the inspector reasonable assistance in relation to the exercise of the inspector’s powers mentioned in paragraphs (a) to (d) .\n(sec.24-ssec.2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) . Maximum penalty—10 penalty units.\n(sec.24-ssec.3) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.\n- (a) to search any part of the place;\n- (b) to inspect or examine anything in or on the place;\n- (c) to take extracts from, and make copies of, any documents in or on the place;\n- (d) to take into or onto the place such equipment and materials as the inspector requires for the purpose of exercising any powers in relation to the place;\n- (e) to require the occupier or any person in or on the place to give to the inspector reasonable assistance in relation to the exercise of the inspector’s powers mentioned in paragraphs (a) to (d) .","sortOrder":43},{"sectionNumber":"sec.25","sectionType":"section","heading":"Monitoring warrants","content":"### sec.25 Monitoring warrants\n\nAn inspector may apply to a magistrate for a warrant under this section in relation to a particular place (other than a dwelling or that part of premises used as a dwelling).\nSubject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with.\nIf the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise the inspector, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section 24 ; and\nstate whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\nspecify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purpose for which the warrant is issued.\n(sec.25-ssec.1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place (other than a dwelling or that part of premises used as a dwelling).\n(sec.25-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the place for the purpose of finding out whether the requirements of this Act are being complied with.\n(sec.25-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.25-ssec.4) The warrant must— authorise the inspector, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 24 ; and state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.\n- (a) authorise the inspector, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 24 ; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 24 ; and\n- (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n- (c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purpose for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 24 ; and","sortOrder":44},{"sectionNumber":"sec.26","sectionType":"section","heading":"Offence related warrants","content":"### sec.26 Offence related warrants\n\nAn inspector may apply to a magistrate for a warrant under this section in relation to a particular place.\nSubject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act.\nIf the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise the inspector, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section 24 ; and\nto seize the evidence; and\nstate whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\nspecify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purposes for which the warrant is issued.\n(sec.26-ssec.1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place.\n(sec.26-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act.\n(sec.26-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.26-ssec.4) The warrant must— authorise the inspector, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 24 ; and to seize the evidence; and state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purposes for which the warrant is issued.\n- (a) authorise the inspector, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 24 ; and (iii) to seize the evidence; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 24 ; and\n- (iii) to seize the evidence; and\n- (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n- (c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purposes for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 24 ; and\n- (iii) to seize the evidence; and","sortOrder":45},{"sectionNumber":"sec.27","sectionType":"section","heading":"Offence related warrant may be granted by telephone","content":"### sec.27 Offence related warrant may be granted by telephone\n\nIf, because of circumstances of urgency, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 26 .\nBefore applying for the warrant, the inspector must prepare an information of the kind mentioned in section 26 (2) that sets out the grounds on which the issue of the warrant is sought.\nIf it is necessary to do so, an inspector may apply for the warrant before the information has been sworn.\nIf the magistrate is satisfied—\nafter having considered the terms of the information; and\nafter having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;\nthat there are reasonable grounds for issuing the warrant, the magistrate may, under section 26 , complete and sign such warrant as the magistrate would issue under that section if the application had been made under that section.\nIf the magistrate completes and signs the warrant—\nthe magistrate must—\ntell the inspector what the terms of the warrant are; and\ntell the inspector the day on which and the time at which the warrant was signed; and\nrecord on the warrant the reasons for granting the warrant; and\nthe inspector must—\ncomplete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\nwrite on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\nThe inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the magistrate—\nthe form of warrant completed by the inspector; and\nthe information mentioned in subsection (2) , which must have been duly sworn.\nWhen the magistrate receives the documents mentioned in subsection (6) , the magistrate must—\nattach them to the warrant that the magistrate completed and signed; and\ndeal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 26 .\nA form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\nIf—\nit is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\nthe warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;\nthe court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n(sec.27-ssec.1) If, because of circumstances of urgency, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 26 .\n(sec.27-ssec.2) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 26 (2) that sets out the grounds on which the issue of the warrant is sought.\n(sec.27-ssec.3) If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn.\n(sec.27-ssec.4) If the magistrate is satisfied— after having considered the terms of the information; and after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate may, under section 26 , complete and sign such warrant as the magistrate would issue under that section if the application had been made under that section.\n(sec.27-ssec.5) If the magistrate completes and signs the warrant— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the day on which and the time at which the warrant was signed; and record on the warrant the reasons for granting the warrant; and the inspector must— complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n(sec.27-ssec.6) The inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the magistrate— the form of warrant completed by the inspector; and the information mentioned in subsection (2) , which must have been duly sworn.\n(sec.27-ssec.7) When the magistrate receives the documents mentioned in subsection (6) , the magistrate must— attach them to the warrant that the magistrate completed and signed; and deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 26 .\n(sec.27-ssec.8) A form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\n(sec.27-ssec.9) If— it is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n- (a) after having considered the terms of the information; and\n- (b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;\n- (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the day on which and the time at which the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant; and\n- (i) tell the inspector what the terms of the warrant are; and\n- (ii) tell the inspector the day on which and the time at which the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant; and\n- (b) the inspector must— (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (ii) write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n- (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n- (ii) write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n- (i) tell the inspector what the terms of the warrant are; and\n- (ii) tell the inspector the day on which and the time at which the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant; and\n- (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n- (ii) write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant.\n- (a) the form of warrant completed by the inspector; and\n- (b) the information mentioned in subsection (2) , which must have been duly sworn.\n- (a) attach them to the warrant that the magistrate completed and signed; and\n- (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 26 .\n- (a) it is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\n- (b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;","sortOrder":46},{"sectionNumber":"sec.28","sectionType":"section","heading":"Additional power of inspector to seize publications","content":"### sec.28 Additional power of inspector to seize publications\n\nThis section applies if—\na person makes a complaint to an inspector about a publication; and\nthe inspector reasonably believes the publication is a prohibited publication.\nThe inspector may seize the publication from any place the inspector may lawfully enter or board.\nAn inspector who seizes a publication under subsection (2) must, as soon as practicable, submit the publication to the board for classification.\nIf a publication seized under subsection (2) is classified as an unrestricted publication, the inspector must, as soon as practicable after it is classified, return the publication to the person who appears to be entitled to it.\ns 28 sub 2017 No. 17 s 97\n(sec.28-ssec.1) This section applies if— a person makes a complaint to an inspector about a publication; and the inspector reasonably believes the publication is a prohibited publication.\n(sec.28-ssec.2) The inspector may seize the publication from any place the inspector may lawfully enter or board.\n(sec.28-ssec.3) An inspector who seizes a publication under subsection (2) must, as soon as practicable, submit the publication to the board for classification.\n(sec.28-ssec.4) If a publication seized under subsection (2) is classified as an unrestricted publication, the inspector must, as soon as practicable after it is classified, return the publication to the person who appears to be entitled to it.\n- (a) a person makes a complaint to an inspector about a publication; and\n- (b) the inspector reasonably believes the publication is a prohibited publication.","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Inspector may require name and address","content":"### sec.29 Inspector may require name and address\n\nAn inspector who—\nfinds a person committing, or finds a person that the inspector reasonably suspects of having committed, an offence against this Act; or\nis making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by a person; or\nis reasonably of the opinion that the name and address of a person is required for the purpose of—\ngiving effect to a provision of this Act; or\nenabling the inspector to carry out the inspector’s functions under this Act;\nmay require the person to state the person’s name and address and, if the inspector has reasonable grounds to believe that the name or address given is false, may require evidence of its correctness.\nA person who is required under subsection (1) to state the person’s name or address must not—\nfail to comply with the requirement; or\nstate a false name or address.\nMaximum penalty—50 penalty units.\nA person who is required under subsection (1) to give evidence of the correctness of a name or address must not fail to give the evidence or give false evidence.\nMaximum penalty—50 penalty units.\n(sec.29-ssec.1) An inspector who— finds a person committing, or finds a person that the inspector reasonably suspects of having committed, an offence against this Act; or is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by a person; or is reasonably of the opinion that the name and address of a person is required for the purpose of— giving effect to a provision of this Act; or enabling the inspector to carry out the inspector’s functions under this Act; may require the person to state the person’s name and address and, if the inspector has reasonable grounds to believe that the name or address given is false, may require evidence of its correctness.\n(sec.29-ssec.2) A person who is required under subsection (1) to state the person’s name or address must not— fail to comply with the requirement; or state a false name or address. Maximum penalty—50 penalty units.\n(sec.29-ssec.3) A person who is required under subsection (1) to give evidence of the correctness of a name or address must not fail to give the evidence or give false evidence. Maximum penalty—50 penalty units.\n- (a) finds a person committing, or finds a person that the inspector reasonably suspects of having committed, an offence against this Act; or\n- (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by a person; or\n- (c) is reasonably of the opinion that the name and address of a person is required for the purpose of— (i) giving effect to a provision of this Act; or (ii) enabling the inspector to carry out the inspector’s functions under this Act;\n- (i) giving effect to a provision of this Act; or\n- (ii) enabling the inspector to carry out the inspector’s functions under this Act;\n- (i) giving effect to a provision of this Act; or\n- (ii) enabling the inspector to carry out the inspector’s functions under this Act;\n- (a) fail to comply with the requirement; or\n- (b) state a false name or address.","sortOrder":48},{"sectionNumber":"sec.30","sectionType":"section","heading":"Obstruction etc. of inspectors","content":"### sec.30 Obstruction etc. of inspectors\n\nA person must not, without reasonable excuse, obstruct, hinder or resist an inspector in the exercise of a power under this Act.\nMaximum penalty—50 penalty units.","sortOrder":49},{"sectionNumber":"sec.31","sectionType":"section","heading":"False or misleading statements","content":"### sec.31 False or misleading statements\n\nA person must not—\nmake a statement to an inspector that the person knows is false or misleading in a material particular; or\nomit from a statement made to an inspector any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular; or\ngive to an inspector a document containing information that the person knows is false, misleading or incomplete in a material particular without—\nindicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\nproviding correct information to the inspector if the person has, or can reasonably obtain, the correct information.\nMaximum penalty—50 penalty units.\n- (a) make a statement to an inspector that the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to an inspector any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular; or\n- (c) give to an inspector a document containing information that the person knows is false, misleading or incomplete in a material particular without— (i) indicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (ii) providing correct information to the inspector if the person has, or can reasonably obtain, the correct information.\n- (i) indicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\n- (ii) providing correct information to the inspector if the person has, or can reasonably obtain, the correct information.\n- (i) indicating to the inspector that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\n- (ii) providing correct information to the inspector if the person has, or can reasonably obtain, the correct information.","sortOrder":50},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":51},{"sectionNumber":"sec.32","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.32 Evidentiary provisions\n\nIn a proceeding for an offence against this Act, each of the following documents is evidence of the matters stated in it—\na document purporting to be a certificate given by the director or the convenor under the Commonwealth Act , section 25 or 87 and stating either of the following matters—\nwhether a stated publication has been classified;\nif a stated publication has been classified—the classification given to the publication;\na document purporting to be a certificate given by the director and stating whether a publication is a submittable publication.\nIn a proceeding for an offence against this Act, it is not necessary to prove the authority of the complainant to institute the proceeding.\nIn this section—\nconvenor means the convenor of the Classification Review Board established under the Commonwealth Act .\ns 32 amd 1996 No. 56 s 104 ; 2007 No. 16 s 41 ; 2017 No. 17 s 98\n(sec.32-ssec.1) In a proceeding for an offence against this Act, each of the following documents is evidence of the matters stated in it— a document purporting to be a certificate given by the director or the convenor under the Commonwealth Act , section 25 or 87 and stating either of the following matters— whether a stated publication has been classified; if a stated publication has been classified—the classification given to the publication; a document purporting to be a certificate given by the director and stating whether a publication is a submittable publication.\n(sec.32-ssec.2) In a proceeding for an offence against this Act, it is not necessary to prove the authority of the complainant to institute the proceeding.\n(sec.32-ssec.3) In this section— convenor means the convenor of the Classification Review Board established under the Commonwealth Act .\n- (a) a document purporting to be a certificate given by the director or the convenor under the Commonwealth Act , section 25 or 87 and stating either of the following matters— (i) whether a stated publication has been classified; (ii) if a stated publication has been classified—the classification given to the publication;\n- (i) whether a stated publication has been classified;\n- (ii) if a stated publication has been classified—the classification given to the publication;\n- (b) a document purporting to be a certificate given by the director and stating whether a publication is a submittable publication.\n- (i) whether a stated publication has been classified;\n- (ii) if a stated publication has been classified—the classification given to the publication;","sortOrder":52},{"sectionNumber":"sec.33","sectionType":"section","heading":"Indictable offences and summary offences","content":"### sec.33 Indictable offences and summary offences\n\nAn offence—\nagainst section 18 ; or\nagainst another provision of this Act involving a child abuse publication;\nis punishable on indictment.\nAny other offence against this Act is punishable summarily.\nAn indictable offence against this Act may, at the election of the defendant, be heard and determined summarily.\nA complaint under the Justices Act 1886 for a summary offence against this Act may be made only by a person authorised in writing by the Minister.\nFor subsection (4) , the Minister may authorise a person either generally or in relation to a stated complaint.\ns 33 amd 1993 No. 82 s 27 ; 1996 No. 56 s 105 ; 2017 No. 17 s 99\n(sec.33-ssec.1) An offence— against section 18 ; or against another provision of this Act involving a child abuse publication; is punishable on indictment.\n(sec.33-ssec.2) Any other offence against this Act is punishable summarily.\n(sec.33-ssec.3) An indictable offence against this Act may, at the election of the defendant, be heard and determined summarily.\n(sec.33-ssec.4) A complaint under the Justices Act 1886 for a summary offence against this Act may be made only by a person authorised in writing by the Minister.\n(sec.33-ssec.5) For subsection (4) , the Minister may authorise a person either generally or in relation to a stated complaint.\n- (a) against section 18 ; or\n- (b) against another provision of this Act involving a child abuse publication;","sortOrder":53},{"sectionNumber":"sec.34","sectionType":"section","heading":"Forfeiture","content":"### sec.34 Forfeiture\n\nIf a person is convicted of an offence against this Act that relates to a prohibited publication, the court by or before which the person is convicted may, in addition to imposing any penalty, order that the publication or anything used in connection with the commission of the offence be forfeited.\nA publication or thing that is forfeited under subsection (1) may be destroyed or otherwise dealt with as directed by the Minister.\ns 34 amd 1993 No. 82 s 28 ; 2017 No. 17 s 100\n(sec.34-ssec.1) If a person is convicted of an offence against this Act that relates to a prohibited publication, the court by or before which the person is convicted may, in addition to imposing any penalty, order that the publication or anything used in connection with the commission of the offence be forfeited.\n(sec.34-ssec.2) A publication or thing that is forfeited under subsection (1) may be destroyed or otherwise dealt with as directed by the Minister.","sortOrder":54},{"sectionNumber":"sec.35","sectionType":"section","heading":"Return of seized publications","content":"### sec.35 Return of seized publications\n\nAn inspector who seizes a publication must, unless otherwise ordered by a court, return the publication to the person who is entitled to possession of it if—\nit is not required as evidence in a proceeding for an offence against this or any other Act; and\nall proceedings (if any) instituted for an offence in relation to the publication are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the publication.\nSubsection (1) does not apply to a child abuse publication.\ns 35 amd 1993 No. 82 s 29 ; 2017 No. 17 s 101\n(sec.35-ssec.1) An inspector who seizes a publication must, unless otherwise ordered by a court, return the publication to the person who is entitled to possession of it if— it is not required as evidence in a proceeding for an offence against this or any other Act; and all proceedings (if any) instituted for an offence in relation to the publication are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the publication.\n(sec.35-ssec.2) Subsection (1) does not apply to a child abuse publication.\n- (a) it is not required as evidence in a proceeding for an offence against this or any other Act; and\n- (b) all proceedings (if any) instituted for an offence in relation to the publication are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the publication.","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":"Particular publications not indecent or obscene","content":"### sec.36 Particular publications not indecent or obscene\n\nAn unrestricted publication is not an indecent or obscene publication for the purposes of the Criminal Code .\nAlso, to the extent a publication is subject to a conditional cultural exemption in relation to a relevant showing, the publication is not indecent or obscene material for the purposes of the Criminal Code .\ns 36 amd 2005 No. 4 s 30 sch 1 ; 2017 No. 17 s 102\n(sec.36-ssec.1) An unrestricted publication is not an indecent or obscene publication for the purposes of the Criminal Code .\n(sec.36-ssec.2) Also, to the extent a publication is subject to a conditional cultural exemption in relation to a relevant showing, the publication is not indecent or obscene material for the purposes of the Criminal Code .","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 amd 1993 No. 82 s 30 ; 2005 No. 4 s 30 sch 1 ; 2008 No. 51 s 38 ; 2009 No. 24 s 1389\nom 2017 No. 17 s 103","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":"Regulation-making power","content":"### sec.38 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may prescribe maximum penalties of fines of not more than 20 penalty units for offences against a regulation.\ns 38 amd 1993 No. 82 s 3 sch 1 ; 2008 No. 51 s 39\n(sec.38-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.38-ssec.2) A regulation may prescribe maximum penalties of fines of not more than 20 penalty units for offences against a regulation.","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":"Protection of officials from criminal liability","content":"### sec.39 Protection of officials from criminal liability\n\nAn official is not criminally liable for an act done honestly and without negligence in the performance of the official’s functions under this Act.\nIn this section—\nofficial means any of the following persons—\nthe director;\nan inspector;\na public service employee assisting a person mentioned in paragraph (b) .\ns 39 ins 2013 No. 3 s 41\namd 2017 No. 17 s 104\n(sec.39-ssec.1) An official is not criminally liable for an act done honestly and without negligence in the performance of the official’s functions under this Act.\n(sec.39-ssec.2) In this section— official means any of the following persons— the director; an inspector; a public service employee assisting a person mentioned in paragraph (b) .\n- (a) the director;\n- (b) an inspector;\n- (c) a public service employee assisting a person mentioned in paragraph (b) .","sortOrder":59},{"sectionNumber":"pt.6","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":60},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Act No. 78 of 1991","content":"## Act No. 78 of 1991","sortOrder":61},{"sectionNumber":"sec.40","sectionType":"section","heading":"Savings and transitional","content":"### sec.40 Savings and transitional\n\nLiterature forfeited or retained under the Objectionable Literature Act 1954 , and not destroyed or otherwise disposed of in accordance with that Act at the commencement of this section, is to be retained, destroyed or otherwise disposed of as the Minister directs.\nThe destruction, retention or disposal of literature under subsection (1) does not confer a right to compensation.\n(sec.40-ssec.1) Literature forfeited or retained under the Objectionable Literature Act 1954 , and not destroyed or otherwise disposed of in accordance with that Act at the commencement of this section, is to be retained, destroyed or otherwise disposed of as the Minister directs.\n(sec.40-ssec.2) The destruction, retention or disposal of literature under subsection (1) does not confer a right to compensation.","sortOrder":62},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996","content":"## Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996","sortOrder":63},{"sectionNumber":"sec.41","sectionType":"section","heading":"Existing classifications","content":"### sec.41 Existing classifications\n\nA publication refused classification under this Act or the Commonwealth Act before the commencement of this section is taken to be a publication classified as RC under this Act or the Commonwealth Act, respectively, immediately after the commencement.\ns 41 ins 1995 No. 51 s 4 sch\nsub 1996 No. 56 s 106","sortOrder":64},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Justice Legislation Amendment Act 2008","content":"## Justice Legislation Amendment Act 2008","sortOrder":65},{"sectionNumber":"sec.42","sectionType":"section","heading":"Definitions for div 3","content":"### sec.42 Definitions for div 3\n\nIn this division—\namending Act means the Justice Legislation Amendment Act 2008 , part 4 .\ncommencement means the commencement of this section.\ns 42 ins 2008 No. 51 s 40 (3)","sortOrder":66},{"sectionNumber":"sec.43","sectionType":"section","heading":"Existing appeals","content":"### sec.43 Existing appeals\n\nThis section applies to an appeal started under previous section 11(1) or previous section 37(5)(b) but not ended before the commencement of this section.\nThe appeal may continue and be decided as if the amending Act had not been enacted.\nIn this section—\nprevious , followed by a provision number, means the provision as in force immediately before the commencement.\ns 43 ins 2008 No. 51 s 40 (3)\n(sec.43-ssec.1) This section applies to an appeal started under previous section 11(1) or previous section 37(5)(b) but not ended before the commencement of this section.\n(sec.43-ssec.2) The appeal may continue and be decided as if the amending Act had not been enacted.\n(sec.43-ssec.3) In this section— previous , followed by a provision number, means the provision as in force immediately before the commencement.","sortOrder":67},{"sectionNumber":"sec.44","sectionType":"section","heading":"Existing entitlements to appeal","content":"### sec.44 Existing entitlements to appeal\n\nThis section applies if, immediately before the commencement—\na person was entitled to appeal against a decision mentioned in section 11(1) or 37(5)(b) (the relevant provision ) and had not started the appeal; and\nthe period mentioned in the relevant provision for starting the appeal had not ended.\nThis Act as amended by the amending Act applies to the appeal.\ns 44 ins 2008 No. 51 s 40 (3)\n(sec.44-ssec.1) This section applies if, immediately before the commencement— a person was entitled to appeal against a decision mentioned in section 11(1) or 37(5)(b) (the relevant provision ) and had not started the appeal; and the period mentioned in the relevant provision for starting the appeal had not ended.\n(sec.44-ssec.2) This Act as amended by the amending Act applies to the appeal.\n- (a) a person was entitled to appeal against a decision mentioned in section 11(1) or 37(5)(b) (the relevant provision ) and had not started the appeal; and\n- (b) the period mentioned in the relevant provision for starting the appeal had not ended.","sortOrder":68},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Court and Civil Legislation Amendment Act 2017","content":"## Court and Civil Legislation Amendment Act 2017","sortOrder":69},{"sectionNumber":"sec.45","sectionType":"section","heading":"Definition for division","content":"### sec.45 Definition for division\n\nIn this division—\nrepealed , if followed by a provision number, means the provision of that number as in force from time to time before the commencement.\ns 45 ins 2017 No. 17 s 105","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Classification of publications under repealed s 9","content":"### sec.46 Classification of publications under repealed s 9\n\nThis section applies in relation to a publication that, immediately before the commencement, had a classification (the earlier classification ) given under repealed section 9(1).\nFrom the commencement, the earlier classification of the publication is taken to have been given under the Commonwealth Act .\nHowever, if the publication is later classified, the earlier classification stops having effect from when the later classification takes effect.\ns 46 ins 2017 No. 17 s 105\n(sec.46-ssec.1) This section applies in relation to a publication that, immediately before the commencement, had a classification (the earlier classification ) given under repealed section 9(1).\n(sec.46-ssec.2) From the commencement, the earlier classification of the publication is taken to have been given under the Commonwealth Act .\n(sec.46-ssec.3) However, if the publication is later classified, the earlier classification stops having effect from when the later classification takes effect.","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Ending of exemption given under repealed s 37","content":"### sec.47 Ending of exemption given under repealed s 37\n\nThis section applies if, immediately before the commencement, an exemption given under repealed section 37 was in force for an entity.\nOn the commencement, the exemption ends.\ns 47 ins 2017 No. 17 s 105\n(sec.47-ssec.1) This section applies if, immediately before the commencement, an exemption given under repealed section 37 was in force for an entity.\n(sec.47-ssec.2) On the commencement, the exemption ends.","sortOrder":72}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has changed materially from its original 1991 form. Over time it has been amended to align closely with the Commonwealth classification framework (see repeated cross-references to the Commonwealth Act and transitional provisions in pt.6), to add specific powers to compel publishers and advertisers to submit material (s.9A–9B), and to strengthen enforcement tools and penalties especially for child-abuse publications (see ss.12, 14, 17–18). The 2017 and later amendments moved several substantive functions to operate in tandem with the Commonwealth regime (e.g. certificates and classifications treated under the Commonwealth Act per s.32 and pt.6 transitional sections), and removed or omitted earlier state-only provisions (various \"om\" and \"repealed\" notes). Those changes mean the Act no longer functions purely as a standalone state classification statute but as a state enforcement and complementary instrument to the federal classification system, widening its operational scope and inter-jurisdictional dependence."},"complexity_factors":["Frequent cross-references to the Commonwealth Classification Act (multiple sections and certificates) increasing inter‑statutory dependency","Definitions moved to Schedule 1 rather than s.3 (requires consulting schedule for key terms)","Multiple offence categories with different penalty scales (restricted, RC, child abuse) across many sections (ss.12–20, 17–18)","Several distinct warrant types and procedures: monitoring warrants (s.25), offence-related warrants (s.26), and telephone/urgent warrants (s.27)","Numerous conditional exceptions and circumstances for entry (consent, warrants, public premises) spread across inspection/search provisions (ss.22–24, 23)","Short statutory compliance timelines and procedural formalities (e.g. gazette publication and 3 business days for director notices — s.9A)","Transitional and savings provisions and multiple historical amendments (pt.6 divisons), creating temporal complexity for existing classifications and appeals","Evidentiary shortcuts and delegation of classification determinations via certificates (s.32) that shift proof burdens and require inter-agency coordination","Multiple procedural defences and protections (advertiser defence s.19; defence of lack of intention to publish in Queensland s.9C; official protection s.39)"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Sets rules for how printed and published material is classified, policed and punished in Queensland. Key parts cover who inspects publications, what conduct is criminal, and how inspectors may investigate and seize material.\n\n- Gives the director power to require a publisher to apply for a formal classification of a publication (or later issues) and to require advertisements for certain publications to be submitted for approval (see s.9A and s.9B). Notices of these requirements take effect only if published in the Commonwealth Gazette and must be complied with within 3 business days (s.9A(3)–(4)).\n\n- Creates a graded set of criminal offences for handling publications that are “prohibited” (variously described as restricted, RC or child-abuse publications). Offences include advertising, selling, distributing, producing, copying, exhibiting, leaving in public or private places, procuring minors for production, and possession for publishing (see ss.12–20A, 17–18). Penalties rise with the severity category (for example, up to 600–1,000 penalty units or prison terms for child-abuse related conduct; see ss.12, 14, 17–18).\n\n- Requires certain markings and consumer advice for unrestricted publications where the board has determined them (ss.20A, 20B, 20D–20E).\n\n- Authorises inspectors (appointed by the chief executive; s.5) to monitor compliance, investigate suspected offences and seize publications when lawful. Inspectors may enter places with consent or under warrants, and for publicly open premises may enter while open to the public (ss.21–26). There are two warrant types: monitoring warrants (s.25) and offence-related warrants that allow seizure (s.26); urgent telephone applications for offence-related warrants are permitted (s.27).\n\n- Gives inspectors specific powers at a place: search, examine, copy documents, bring equipment and require reasonable assistance (s.24). Inspectors may also require a person’s name and address in investigation contexts (s.29) and may seize seized material and submit it to the board for classification (s.28).\n\n- Provides evidentiary shortcuts for prosecutions by allowing certificates under the Commonwealth classification scheme to be treated as evidence of classification or submittability (s.32). It also preserves a defence where a person can prove they did not intend publication in Queensland (s.9C), and protects officials from criminal liability for honest, non-negligent acts done under the Act (s.39).\n\n- Cross-references and aligns many provisions with the Commonwealth classification framework (repeated references to the Commonwealth Act, and transitional provisions dealing with earlier classifications and amendments — see pt.6 and multiple sections).\n\n**Who is affected**\n\n- Publishers, printers, distributors, retailers and advertisers of publications that may be classified (s.9A, s.9B, ss.12–20E). These entities face compliance requirements (applications, markings, consumer advice) and criminal penalties for non‑compliance.\n\n- Members of the public who possess or display material: some possession and display offences apply (ss.13–16, 20).\n\n- Officials: the director, inspectors and staff who administer and enforce the scheme (ss.5, 21–29, 39).\n\n- Courts and magistrates: obliged to deal with warrant and evidence issues, and to consider forfeiture and return of seized material (ss.25–27, 34–35).\n\n**Why this matters (stated purpose and practical implications)**\n\n- The official rationale is to provide a statutory scheme for classifying publications and controlling the circulation of material judged to be objectionable or harmful. That rationale ties into public-order and child-protection objectives reflected in the higher penalties for child-abuse publications (see ss.12, 14, 17–18).\n\n- Practical trade-offs and implementation mechanics to note:\n  - Compliance burden on publishers: the director can compel formal applications and ad approvals (s.9A–9B). Publishers must also mark unrestricted publications or display specified consumer advice if the board requires it (ss.20A, 20E). Those obligations create administrative costs and potential delays for publication.\n  - Discretion and decision points: the director has a threshold of reasonable belief to compel action (s.9A) and inspectors exercise judgment about what to seize and what to investigate (ss.23, 28). Those discretionary points concentrate decision-making in executive officials and the Classification Board (cross-referenced to the Commonwealth Act).\n  - Enforcement intensity and resource costs: inspectors have broad search and seizure powers (ss.22–24) and magistrates must consider several warrant types and urgent telephone warrants (ss.25–27). Effective enforcement therefore requires administrative capacity (inspectors, legal support, magistrate availability).\n  - Risk of unintended effects on small or independent publishers: short compliance windows (3 business days for notices under s.9A) and criminal penalties that include imprisonment may produce defensive behaviour (withholding publication, increased legal vetting) even where material might ultimately be classified unrestricted.\n  - Interaction with federal scheme: the Act relies on the Commonwealth classification framework for determinations, certificates and some consumer‑advice rules (s.32 and many transitional clauses). This reduces duplication but increases reliance on a separate statutory scheme and creates cross-jurisdictional dependency.\n\n**Who pays, who decides, and how behaviour changes (plain)**\n\n- Publishers pay most compliance costs (application fees and administrative work, marking and label costs, delays). They also face criminal penalties if they ignore notices or sell/produce prohibited material (s.9A; ss.12–20E).\n\n- The director and the Classification Board (and magistrates for warrants) decide which publications must be submitted, what classification they receive, and whether enforcement action proceeds (s.9A; ss.25–26; s.32).\n\n- Behavioural effects: publishers may increase pre-publication review, alter advertising or distribution channels, or avoid particular content types. Inspectors’ powers and the threat of criminal sanction incentivise compliance and self-censorship in marginal cases (see ss.9A, 22–24, 12–18).\n\n**Implementation risks and compliance issues**\n\n- Short statutory timeframes (e.g. 3 business days to comply with a director’s notice — s.9A) can be operationally difficult for small publishers.\n\n- The Act gives inspectors broad search and seizure powers; improper exercise risks legal challenge and reputational costs for the administering agency (ss.22–26, 28).\n\n- Cross‑references to the Commonwealth Act and reliance on certificates (s.32) create procedural dependencies: changes at the Commonwealth level can materially affect how this Act operates in Queensland.\n\n(Selected sections quoted in this summary: s.5 (inspectors); s.9A–9C (publisher/advertiser notices and defences); ss.12–20E (offences and marking/consumer advice); ss.21–29 (inspection, entry, warrants, powers); ss.32–35 (evidence, forfeiture, return of seized material); s.36 (interaction with Criminal Code); s.39 (official protection).)"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act originally included Queensland's own classification powers (repealed s.9 allowed local classification decisions). Through the 2017 amendments, classification functions were largely shifted to the Commonwealth system, narrowing Queensland's independent role to enforcement and referral. Additionally, conditional cultural exemptions were introduced in 2017, carving out a new category of publications from the Act's reach — a scope reduction not present in the original 1991 version. The net effect is that Queensland moved from a dual state/Commonwealth classification regime to primarily an enforcement arm of the national scheme."},"complexity_factors":["Interplay between Queensland state law and Commonwealth (federal) classification framework, requiring understanding of both systems simultaneously","Multiple tiers of publication categories (unrestricted, restricted, RC, child abuse) each with different rules and penalty scales","Layered enforcement powers — different warrant types (monitoring vs offence-related), telephone warrants, and their specific procedural requirements","Conditional cultural exemptions carve-outs that interact with both the offence provisions and the Criminal Code","Multiple rounds of amendment (1993, 1996, 1997, 2002, 2008, 2013, 2017) leaving numerous repealed sections and transitional provisions that reference provisions no longer in force","Savings and transitional provisions spanning multiple amending Acts, requiring readers to cross-reference repealed provisions to understand current operation","Self-incrimination protections embedded within inspection powers, creating nuanced compliance obligations","Distinction between indictable and summary offences with defendant's election right adds procedural complexity"],"plain_english_summary":"This Queensland law governs how printed publications are classified, sold, displayed and enforced, tying state rules to the federal Classification Board. It affects publishers, booksellers, advertisers, inspectors, creators and the public by setting categories (unrestricted, restricted, RC, child‑abuse) and banning or limiting certain material, with fines, seizures, and prison for serious breaches. Compliance is essential, especially to avoid offences involving child‑abuse material."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has significantly narrowed in scope from its original 1991 intent. The 2017 amendments (Act No. 17) repealed the entire Queensland classification scheme (sections 9-11E, 37) and removed the Queensland Classification Board's role in classifying publications. The Act now functions primarily as an enforcement mechanism for Commonwealth classifications rather than a standalone classification system. The original Act allowed Queensland to classify publications independently; now it merely enforces federal decisions and prohibits certain conduct regarding already-classified material. This represents a shift from a dual state/federal classification regime to a single national system with state enforcement."},"complexity_factors":["Heavy reliance on external definitions – key terms like 'prohibited publication', 'submittable publication', 'RC publication', 'child abuse publication', and 'conditional cultural exemption' are defined in the Commonwealth Classification Act or a separate dictionary schedule, not in the main body","Nested conditional logic in offence provisions – penalties vary across three tiers (restricted publication / RC publication / child abuse publication) with different thresholds for each offence type","Multiple overlapping warrant procedures – distinguishes between 'monitoring warrants' (6 months duration, no dwellings) and 'offence-related warrants' (7 days duration, telephone application permitted), each with specific procedural requirements","Extensive cross-referencing to Commonwealth legislation – repeatedly references the 'Commonwealth Act' (Classification (Publications, Films and Computer Games) Act 1995) for classification determinations, board functions, and review processes","Savings and transitional provisions spanning 26 years – contains complex transitional rules for classifications made under repealed sections, existing appeals, and exemptions that expired in 2017","Conditional defences and exceptions – section 9C provides a specific defence for publishers who didn't intend to distribute in Queensland; section 19 provides a knowledge-based defence for advertisers","Dual appointment pathways for inspectors – distinguishes between public service officers (requiring expertise) and police officers (requiring commissioner approval under separate Police Powers Act)"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's law for controlling what printed material (books, magazines, comics, etc.) can be legally sold, displayed, or possessed in the state. It works alongside the Commonwealth (federal) Classification Act to enforce content ratings on publications.\n\n**Who it affects:**\n\n- **Publishers** – must submit certain publications for classification and follow rules about markings and advertising\n- **Retailers and distributors** – cannot sell or display \"prohibited publications\" (banned or restricted material)\n- **The general public** – cannot possess child abuse material or certain restricted publications\n- **Inspectors** – government officers and police who enforce the law\n\n**Key things the law does:**\n\n- **Bans certain material:** Makes it illegal to sell, display, or possess \"prohibited publications\" – this includes:\n  - *Restricted publications* (limited circulation material)\n  - *RC (Refused Classification) publications* (banned material)\n  - *Child abuse publications* (material depicting child sexual abuse – treated most seriously)\n\n- **Sets up enforcement:** Appoints \"inspectors\" (public servants and police) who can:\n  - Enter businesses and public places to check compliance\n  - Seize suspected prohibited material\n  - Apply for warrants to search premises\n  - Require people to give their name and address\n\n- **Creates offences with serious penalties:**\n  - Selling banned material: up to 2 years jail for child abuse publications\n  - Making or copying child abuse material: up to 3 years jail\n  - Involving children in making banned material: up to 5 years jail\n\n- **Protects cultural exemptions:** Material shown at approved cultural events (like film festivals or art exhibitions) is exempt from classification requirements.\n\n- **Handles classification markings:** Requires unrestricted publications to display their official classification markings; bans fake markings on unclassified material.\n\n**Why it matters:**\n\nThis law keeps Queensland in line with national classification standards while giving state authorities power to police what physical printed material circulates in the community. It particularly targets child exploitation material with severe criminal penalties, distinguishing it from other censorship laws by its specific focus on publications (as opposed to films or video games)."}},"importantCases":[],"_links":{"self":"/api/acts/classification-of-publications-act-1991","history":"/api/acts/classification-of-publications-act-1991/history","analysis":"/api/acts/classification-of-publications-act-1991/analysis","conflicts":"/api/acts/classification-of-publications-act-1991/conflicts","importantCases":"/api/acts/classification-of-publications-act-1991/important-cases","documents":"/api/acts/classification-of-publications-act-1991/documents"}}