This Act governs how publications are classified and enforces those classifications in Queensland. The director and the classification board can require publishers to submit material; inspectors have entry, search, seizure and warrant powers; and crimes and tiered penalties apply for producing, selling, displaying or possessing prohibited material (see ss 5, 9A, 12–20, 22–28).
It affects publishers, advertisers, distributors and readers: regulated parties bear compliance costs (classification, markings, possible seizure, criminal exposure), while decision-making power rests with the director, board and appointed inspectors.
This Act sets a statutory framework for classification, control and enforcement in relation to publications that may be offensive, restricted or otherwise regulated in Queensland. Mechanically, it:
Establishes the territorial application and an exclusion for showings that are subject to a conditional cultural exemption (s 2A).
Places primary procedural and coercive powers with an administrative director and inspectors, including the power to require publishers to apply for classification (s 9A) and to require publishers to submit advertisements for approval (s 9B). Notices given under those sections must be published in the Commonwealth Gazette and must be complied with within three business days or attract a penalty (s 9A(3), (4); s 9B(2)).
Creates criminal offences governing the manufacture, distribution, sale, exhibition, leaving and possession of prohibited publications, with tiered maximum penalties depending on classification categories: restricted, RC (refused classification) and child abuse publications (ss 12-20, 17, 18). Maximum penalties combine fines (penalty units) and imprisonment terms that increase steeply where the material involves child abuse (for example, s 17 and s 18).
Imposes labelling and consumer-advice obligations for unrestricted publications that carry determined markings or consumer advice as determined by the board under the Commonwealth Act (ss 20A, 20B, 20D, 20E). A failure to publish unrestricted material with its determined markings is an offence (s 20A).
Confers inspection, entry, search and seizure powers on inspectors, with a warrant regime for monitoring warrants and offence-related warrants (ss 21-29, 24-28). The Act differentiates monitoring warrants (s 25) from offence-related warrants (s 26) and contains an expedited telephone warrant procedure in urgent circumstances (s 27) with documentary follow-up obligations.
Current sections
Direct links to the current provisions in Classification of Publications Act 1991.
73
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Classification of Publications Act 1991 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.2A
Application of Act
sec.2A Application of Act
This 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.
s 2A ins 2017 No. 17 s 77
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
s 3 amd 1993 No. 82 s 19 (1) ; 2017 No. 17 s 78 (4)
Note—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.
sec.4
Section sec.4
s 4 amd 1996 No. 56 s 92
om 2017 No. 17 s 79
sec.5
Inspectors
sec.5 Inspectors
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 .
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.
The chief executive may issue an identity card to an inspector who is not a police officer.
The identity card must—
contain a recent photograph of the inspector; and
be in a form approved by the chief executive.
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.
s 5 amd 2000 No. 5 s 373 sch 3 ; 2009 No. 48 s 210 ; 2017 No. 17 s 80
(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 .
(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.
(sec.5-ssec.3) The chief executive may issue an identity card to an inspector who is not a police officer.
(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.
(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.
(a) a public service officer;
(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 .
(a) contain a recent photograph of the inspector; and
(b) be in a form approved by the chief executive.
sec.6
Section sec.6
s 6 om 2017 No. 17 s 81
sec.6A
Section sec.6A
s 6A ins 1993 No. 82 s 20
amd 2009 No. 48 s 211
om 2017 No. 17 s 81
sec.7
Section sec.7
s 7 amd 1993 No. 82 s 3 sch 1
om 2017 No. 17 s 81
sec.8
Section sec.8
s 8 om 2017 No. 17 s 81
pt.2
Classification of publications
Classification of publications
sec.9
Section sec.9
s 9 amd 1996 No. 56 s 93
om 2017 No. 17 s 82
sec.9A
Power to require publisher to submit application for classification of a publication
sec.9A Power to require publisher to submit application for classification of a publication
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.
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.
The notice has effect only if it is published in the Commonwealth gazette.
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.
s 9A ins 1996 No. 56 s 94
amd 2003 No. 94 s 26 ; 2017 No. 17 s 83
(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.
(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.
(sec.9A-ssec.3) The notice has effect only if it is published in the Commonwealth gazette.
(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.
(a) the director reasonably believes a publication is a submittable publication; and
(b) the publication is being published in Queensland, or the director reasonably believes the publication will be published in Queensland; and
(c) if the publication is being published in Queensland—the publication is not subject to a conditional cultural exemption in relation to the publication.
sec.9B
Power to require certain advertisements to be submitted for approval
sec.9B Power to require certain advertisements to be submitted for approval
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.
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.
s 9B ins 1996 No. 56 s 94
amd 2003 No. 94 s 27 ; 2017 No. 17 s 84
(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.
(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.
(a) the director reasonably believes is a submittable publication; and
(b) is being published in Queensland, or the director reasonably believes will be published in Queensland;
sec.9C
Defence to prosecution under s 9A or 9B
sec.9C Defence to prosecution under s 9A or 9B
In 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.
s 9C ins 1996 No. 56 s 94
amd 2003 No. 94 s 28 ; 2017 No. 17 s 85
sec.10
Section sec.10
s 10 om 2017 No. 17 s 86
sec.11
Section sec.11
s 11 sub 2008 No. 51 s 35
amd 2009 No. 24 s 1386
om 2017 No. 17 s 86
pt.2A
sec.11A
Section sec.11A
s 11A ins 1997 No. 82 s 19
om 2017 No. 17 s 87
sec.11B
Section sec.11B
s 11B ins 1997 No. 82 s 19
om 2017 No. 17 s 87
sec.11C
Section sec.11C
s 11C ins 1997 No. 82 s 19
amd 2008 No. 51 s 36 ; 2009 No. 48 s 212 ; 2009 No. 24 s 1387
om 2017 No. 17 s 87
sec.11D
Section sec.11D
s 11D ins 1997 No. 82 s 19
amd 2008 No. 51 s 37 ; 2009 No. 24 s 1388
om 2017 No. 17 s 87
sec.11E
Section sec.11E
s 11E ins 1997 No. 82 s 19
om 2017 No. 17 s 87
pt.3
Offences
Offences
sec.12
Sale etc. of prohibited publication
sec.12 Sale etc. of prohibited publication
A person must not advertise, sell or distribute, or attempt to advertise, sell or distribute, a prohibited publication.
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—600 penalty units or imprisonment for 2 years.
s 12 amd 1993 No. 82 s 21 ; 1996 No. 56 s 95 ; 2017 No. 17 s 88
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.13
Possession of prohibited publication
sec.13 Possession of prohibited publication
A person must not have possession of 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—600 penalty units or imprisonment for 2 years.
s 13 amd 1996 No. 56 s 96
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.14
Possession of child abuse publication
sec.14 Possession of child abuse publication
A person must not knowingly have possession of a child abuse publication.
Maximum penalty—300 penalty units or imprisonment for 1 year.
s 14 sub 1993 No. 82 s 22
amd 2017 No. 17 s 89
sec.15
Exhibition or display of prohibited publication   
sec.15 Exhibition or display of prohibited publication
A person must not exhibit or display, or attempt to exhibit or display, a prohibited publication—
in a public place; or
in such a way that it is visible to persons in or on a public place.
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—600 penalty units or imprisonment for 2 years.
s 15 amd 1993 No. 82 s 23 ; 1996 No. 56 s 97 ; 2017 No. 17 s 90
(a) in a public place; or
(b) in such a way that it is visible to persons in or on a public place.
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.16
Leaving prohibited publication in or on public place
sec.16 Leaving prohibited publication in or on public place
A 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.
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—600 penalty units or imprisonment for 2 years.
s 16 amd 1993 No. 82 s 24 ; 1996 No. 56 s 98 ; 2017 No. 17 s 91
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.17
Producing prohibited publication
sec.17 Producing prohibited publication
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.
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.
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.
A person must not copy, or attempt to copy, a child abuse publication.
Maximum penalty—800 penalty units or imprisonment for 3 years.
s 17 amd 1996 No. 56 s 99
(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.
(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.
(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.
(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.
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—800 penalty units or imprisonment for 3 years.
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—800 penalty units or imprisonment for 3 years.
sec.18
Procurement of minor for RC publication
sec.18 Procurement of minor for RC publication
A 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.
Maximum penalty—
in the case of a child abuse publication—1,000 penalty units or imprisonment for 5 years; or
in any other case—800 penalty units or imprisonment for 3 years.
s 18 amd 1993 No. 82 s 25 ; 1996 No. 56 s 100 ; 2017 No. 17 s 92
(a) in the case of a child abuse publication—1,000 penalty units or imprisonment for 5 years; or
(b) in any other case—800 penalty units or imprisonment for 3 years.
sec.19
Advertisers not liable in certain circumstances
sec.19 Advertisers not liable in certain circumstances
A 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.
s 19 sub 2017 No. 17 s 93
sec.20
Leaving prohibited publication in or on private premises
sec.20 Leaving prohibited publication in or on private premises
A person must not knowingly or recklessly leave, or attempt to leave, a prohibited publication in or on private premises without the occupier’s permission.
Maximum penalty—
in the case of a restricted publication—25 penalty units or imprisonment for 1 month; or
in the case of an RC publication (other than a child abuse publication)—150 penalty units or imprisonment for 6 months; or
in the case of a child abuse publication—300 penalty units or imprisonment for 1 year.
s 20 amd 1993 No. 82 s 26 ; 1996 No. 56 s 101 ; 2017 No. 17 s 94
(a) in the case of a restricted publication—25 penalty units or imprisonment for 1 month; or
(b) in the case of an RC publication (other than a child abuse publication)—150 penalty units or imprisonment for 6 months; or
(c) in the case of a child abuse publication—300 penalty units or imprisonment for 1 year.
sec.20A
Offence to publish a publication classified unrestricted without its determined markings
sec.20A Offence to publish a publication classified unrestricted without its determined markings
A person must not publish, or attempt to publish, a publication classified unrestricted unless it bears its determined markings.
Maximum penalty—25 penalty units.
s 20A ins 1996 No. 56 s 102
sec.20B
Offence to publish a publication with a misleading or deceptive marking
sec.20B Offence to publish a publication with a misleading or deceptive marking
A person must not publish an unclassified publication with a marking indicating the publication is classified.
Maximum penalty—20 penalty units.
s 20B ins 1996 No. 56 s 102
sec.20C
Section sec.20C
s 20C ins 1997 No. 82 s 20
om 2017 No. 17 s 95
sec.20D
Sale or delivery of publications contrary to conditions
sec.20D Sale or delivery of publications contrary to conditions
If 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.
Maximum penalty—25 penalty units.
s 20D ins 2002 No. 13 s 30
sec.20E
Consumer advice for unrestricted publications
sec.20E Consumer advice for unrestricted publications
A 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.
Maximum penalty—25 penalty units.
Under 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.
s 20E ins 2002 No. 13 s 30
amd 2017 No. 17 s 96
pt.4
Investigation and enforcement
Investigation and enforcement
sec.21
Inspector to produce identity card
sec.21 Inspector to produce identity card
An 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.
sec.22
Entry and search—monitoring compliance
sec.22 Entry and search—monitoring compliance
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 .
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.
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.
(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 .
(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.
(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.
(a) enter or board any place; and
(b) exercise the powers set out in section 24 .
(a) the occupier of the place (if any) consents to the entry or boarding or exercise of the power; or
(b) a warrant under section 25 authorises the entry or exercise of the power; or
(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.
sec.23
Entry and search—evidence of offences
sec.23 Entry and search—evidence of offences
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 .
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.
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.
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.
s 23 amd 1996 No. 56 s 103
(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 .
(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.
(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.
(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.
(a) enter or board the place; and
(b) exercise the powers set out in section 24 .
(a) the inspector may seize the evidence;
(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;
(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.
(a) the occupier (if any) of the place consents to the entry or boarding or exercise of the power; or
(b) a warrant under section 26 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power.
(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
(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
(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;
(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;
(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
(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;
sec.24
General powers of inspector in relation to places
sec.24 General powers of inspector in relation to places
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) .
A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) .
Maximum penalty—10 penalty units.
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.
(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) .
(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.
(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.
(a) to search any part of the place;
(b) to inspect or examine anything in or on the place;
(c) to take extracts from, and make copies of, any documents in or on the place;
(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;
(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) .
sec.25
Monitoring warrants
sec.25 Monitoring warrants
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).
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.
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.
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.
(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).
(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.
(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.
(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.
(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
(i) to enter the place; and
(ii) to exercise the powers set out in section 24 ; and
(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
(c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
(i) to enter the place; and
(ii) to exercise the powers set out in section 24 ; and
sec.26
Offence related warrants
sec.26 Offence related warrants
An inspector may apply to a magistrate for a warrant under this section in relation to a particular place.
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.
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.
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.
(sec.26-ssec.1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place.
(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.
(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.
(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.
(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
(i) to enter the place; and
(ii) to exercise the powers set out in section 24 ; and
(iii) to seize the evidence; and
(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
(c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purposes for which the warrant is issued.
(i) to enter the place; and
(ii) to exercise the powers set out in section 24 ; and
(iii) to seize the evidence; and
sec.27
Offence related warrant may be granted by telephone
sec.27 Offence related warrant may be granted by telephone
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 .
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.
If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn.
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.
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.
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.
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 .
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.
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.
(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 .
(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.
(sec.27-ssec.3) If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn.
(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.
(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.
(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.
(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 .
(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.
(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.
(a) after having considered the terms of the information; and
(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;
(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
(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
(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.
(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.
(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
(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.
(a) the form of warrant completed by the inspector; and
(b) the information mentioned in subsection (2) , which must have been duly sworn.
(a) attach them to the warrant that the magistrate completed and signed; and
(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 .
(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
(b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;
sec.28
Additional power of inspector to seize publications
sec.28 Additional power of inspector to seize publications
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.
The inspector may seize the publication from any place the inspector may lawfully enter or board.
An inspector who seizes a publication under subsection (2) must, as soon as practicable, submit the publication to the board for classification.
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.
s 28 sub 2017 No. 17 s 97
(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.
(sec.28-ssec.2) The inspector may seize the publication from any place the inspector may lawfully enter or board.
(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.
(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.
(a) a person makes a complaint to an inspector about a publication; and
(b) the inspector reasonably believes the publication is a prohibited publication.
sec.29
Inspector may require name and address
sec.29 Inspector may require name and address
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.
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.
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.
(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.
(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.
(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.
(a) finds a person committing, or finds a person that the inspector reasonably suspects of having committed, an offence against this Act; or
(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
(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;
(i) giving effect to a provision of this Act; or
(ii) enabling the inspector to carry out the inspector’s functions under this Act;
(i) giving effect to a provision of this Act; or
(ii) enabling the inspector to carry out the inspector’s functions under this Act;
(a) fail to comply with the requirement; or
(b) state a false name or address.
sec.30
Obstruction etc. of inspectors
sec.30 Obstruction etc. of inspectors
A person must not, without reasonable excuse, obstruct, hinder or resist an inspector in the exercise of a power under this Act.
Maximum penalty—50 penalty units.
sec.31
False or misleading statements
sec.31 False or misleading statements
A person must not—
make a statement to an inspector that the person knows is false or misleading in a material particular; or
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
give to an inspector a document containing information that the person knows is false, misleading or incomplete in a material particular without—
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
providing correct information to the inspector if the person has, or can reasonably obtain, the correct information.
Maximum penalty—50 penalty units.
(a) make a statement to an inspector that the person knows is false or misleading in a material particular; or
(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
(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.
(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.
(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.
pt.5
Miscellaneous
Miscellaneous
sec.32
Evidentiary provisions
sec.32 Evidentiary provisions
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.
In a proceeding for an offence against this Act, it is not necessary to prove the authority of the complainant to institute the proceeding.
In this section—
convenor means the convenor of the Classification Review Board established under the Commonwealth Act .
s 32 amd 1996 No. 56 s 104 ; 2007 No. 16 s 41 ; 2017 No. 17 s 98
(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.
(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.
(sec.32-ssec.3) In this section— convenor means the convenor of the Classification Review Board established under the Commonwealth Act .
(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;
(i) whether a stated publication has been classified;
(ii) if a stated publication has been classified—the classification given to the publication;
(b) a document purporting to be a certificate given by the director and stating whether a publication is a submittable publication.
(i) whether a stated publication has been classified;
(ii) if a stated publication has been classified—the classification given to the publication;
sec.33
Indictable offences and summary offences
sec.33 Indictable offences and summary offences
An offence—
against section 18 ; or
against another provision of this Act involving a child abuse publication;
is punishable on indictment.
Any other offence against this Act is punishable summarily.
An indictable offence against this Act may, at the election of the defendant, be heard and determined summarily.
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.
For subsection (4) , the Minister may authorise a person either generally or in relation to a stated complaint.
s 33 amd 1993 No. 82 s 27 ; 1996 No. 56 s 105 ; 2017 No. 17 s 99
(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.
(sec.33-ssec.2) Any other offence against this Act is punishable summarily.
(sec.33-ssec.3) An indictable offence against this Act may, at the election of the defendant, be heard and determined summarily.
(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.
(sec.33-ssec.5) For subsection (4) , the Minister may authorise a person either generally or in relation to a stated complaint.
(a) against section 18 ; or
(b) against another provision of this Act involving a child abuse publication;
sec.34
Forfeiture
sec.34 Forfeiture
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.
A publication or thing that is forfeited under subsection (1) may be destroyed or otherwise dealt with as directed by the Minister.
s 34 amd 1993 No. 82 s 28 ; 2017 No. 17 s 100
(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.
(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.
sec.35
Return of seized publications
sec.35 Return of seized publications
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.
Subsection (1) does not apply to a child abuse publication.
s 35 amd 1993 No. 82 s 29 ; 2017 No. 17 s 101
(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.
(sec.35-ssec.2) Subsection (1) does not apply to a child abuse publication.
(a) it is not required as evidence in a proceeding for an offence against this or any other Act; and
(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.
sec.36
Particular publications not indecent or obscene
sec.36 Particular publications not indecent or obscene
An unrestricted publication is not an indecent or obscene publication for the purposes of the Criminal Code .
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 .
s 36 amd 2005 No. 4 s 30 sch 1 ; 2017 No. 17 s 102
(sec.36-ssec.1) An unrestricted publication is not an indecent or obscene publication for the purposes of the Criminal Code .
(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 .
sec.37
Section sec.37
s 37 amd 1993 No. 82 s 30 ; 2005 No. 4 s 30 sch 1 ; 2008 No. 51 s 38 ; 2009 No. 24 s 1389
om 2017 No. 17 s 103
sec.38
Regulation-making power
sec.38 Regulation-making power
The Governor in Council may make regulations under this Act.
A regulation may prescribe maximum penalties of fines of not more than 20 penalty units for offences against a regulation.
s 38 amd 1993 No. 82 s 3 sch 1 ; 2008 No. 51 s 39
(sec.38-ssec.1) The Governor in Council may make regulations under this Act.
(sec.38-ssec.2) A regulation may prescribe maximum penalties of fines of not more than 20 penalty units for offences against a regulation.
sec.39
Protection of officials from criminal liability
sec.39 Protection of officials from criminal liability
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.
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) .
s 39 ins 2013 No. 3 s 41
amd 2017 No. 17 s 104
(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.
(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) .
(a) the director;
(b) an inspector;
(c) a public service employee assisting a person mentioned in paragraph (b) .
pt.6
Savings and transitional provisions
Savings and transitional provisions
pt.6-div.1
Act No. 78 of 1991
Act No. 78 of 1991
sec.40
Savings and transitional
sec.40 Savings and transitional
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.
The destruction, retention or disposal of literature under subsection (1) does not confer a right to compensation.
(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.
(sec.40-ssec.2) The destruction, retention or disposal of literature under subsection (1) does not confer a right to compensation.
pt.6-div.2
Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996
Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996
sec.41
Existing classifications
sec.41 Existing classifications
A 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.
s 41 ins 1995 No. 51 s 4 sch
sub 1996 No. 56 s 106
pt.6-div.3
Justice Legislation Amendment Act 2008
Justice Legislation Amendment Act 2008
sec.42
Definitions for div 3
sec.42 Definitions for div 3
In this division—
amending Act means the Justice Legislation Amendment Act 2008 , part 4 .
commencement means the commencement of this section.
s 42 ins 2008 No. 51 s 40 (3)
sec.43
Existing appeals
sec.43 Existing appeals
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.
The appeal may continue and be decided as if the amending Act had not been enacted.
In this section—
previous , followed by a provision number, means the provision as in force immediately before the commencement.
s 43 ins 2008 No. 51 s 40 (3)
(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.
(sec.43-ssec.2) The appeal may continue and be decided as if the amending Act had not been enacted.
(sec.43-ssec.3) In this section— previous , followed by a provision number, means the provision as in force immediately before the commencement.
sec.44
Existing entitlements to appeal
sec.44 Existing entitlements to appeal
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.
This Act as amended by the amending Act applies to the appeal.
s 44 ins 2008 No. 51 s 40 (3)
(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.
(sec.44-ssec.2) This Act as amended by the amending Act applies to the appeal.
(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
(b) the period mentioned in the relevant provision for starting the appeal had not ended.
pt.6-div.4
Court and Civil Legislation Amendment Act 2017
Court and Civil Legislation Amendment Act 2017
sec.45
Definition for division
sec.45 Definition for division
In this division—
repealed , if followed by a provision number, means the provision of that number as in force from time to time before the commencement.
s 45 ins 2017 No. 17 s 105
sec.46
Classification of publications under repealed s 9
sec.46 Classification of publications under repealed s 9
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).
From the commencement, the earlier classification of the publication is taken to have been given under the Commonwealth Act .
However, if the publication is later classified, the earlier classification stops having effect from when the later classification takes effect.
s 46 ins 2017 No. 17 s 105
(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).
(sec.46-ssec.2) From the commencement, the earlier classification of the publication is taken to have been given under the Commonwealth Act .
(sec.46-ssec.3) However, if the publication is later classified, the earlier classification stops having effect from when the later classification takes effect.
sec.47
Ending of exemption given under repealed s 37
sec.47 Ending of exemption given under repealed s 37
This section applies if, immediately before the commencement, an exemption given under repealed section 37 was in force for an entity.
On the commencement, the exemption ends.
s 47 ins 2017 No. 17 s 105
(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.
(sec.47-ssec.2) On the commencement, the exemption ends.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Classification of Publications Act 1991 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.2A Application of Act
sec.2A Application of Act
This 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.
s 2A ins 2017 No. 17 s 77
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
s 3 amd 1993 No. 82 s 19 (1) ; 2017 No. 17 s 78 (4)
Note—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.
Section sec.4
s 4 amd 1996 No. 56 s 92
om 2017 No. 17 s 79
sec.5 Inspectors
sec.5 Inspectors
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 .
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.
The chief executive may issue an identity card to an inspector who is not a police officer.
The identity card must—
contain a recent photograph of the inspector; and
be in a form approved by the chief executive.
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.
s 5 amd 2000 No. 5 s 373 sch 3 ; 2009 No. 48 s 210 ; 2017 No. 17 s 80
(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 .
(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.
(sec.5-ssec.3) The chief executive may issue an identity card to an inspector who is not a police officer.
(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.
(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.
Provides evidentiary shortcuts for prosecutions through certificate evidence from the director or the convenor under the Commonwealth Act (s 32).
Prescribes remedies on conviction including forfeiture and destruction of publications and related things (s 34). It also requires return of seized publications where they are not required as evidence, except for child abuse publications (s 35).
Clarifies interaction with the Criminal Code by stating that an unrestricted publication is not indecent or obscene material for Criminal Code purposes (s 36).
Gives the Governor in Council regulation-making power including penalty-setting for regulations up to 20 penalty units (s 38).
Provides official protection for officers acting honestly and without negligence in executing their functions (s 39).
Includes savings and transitional provisions about earlier classifications and treatment of literature held under the former Objectionable Literature Act (Pt 6).
The Act repeatedly cross-references classifications and procedural machinery established under a Commonwealth statute (referred to in the text as the Commonwealth Act), so many operational effects flow from how the director, the board and the Classification Review Board under the Commonwealth Act exercise their powers (see ss 20D, 20E, 32, 46).
The mechanical effect is therefore a mixed administrative-criminal regime that: (a) delegates screening and classification functions between a federal classification framework and state enforcement; (b) empowers state officials to compel publisher behaviour in short statutory timelines; and (c) backs those powers with substantial criminal penalties and property remedies.
Main concepts
Definitions and administrative cross-references are foundational. The Act locates definitions in schedule 1 (s 3). Practically important concepts and how the Act treats them include:
Submittable publication and publisher: Several coercive powers activate when the director reasonably believes a work is a "submittable publication" and that it is being or will be published in Queensland (ss 9A, 9B). The Act makes failure to comply with a director's written notice to submit an application an offence with a capped penalty of 20 penalty units (s 9A(4), s 9B(2)).
Conditional cultural exemption: The Act excludes publications from its operation to the extent they are subject to a conditional cultural exemption in relation to a relevant showing (s 2A; s 36(2)). That exemption alters the Act's territorial and substantive reach for particular events or showings.
Classification categories and consequences: The Act uses classification outcomes established under the Commonwealth Act and treats certain categories as "prohibited publications" for state enforcement purposes. Offences and penalties are scaled across restricted, RC and child abuse publications (for example ss 12-17, 20, 20D). Section 41 treats prior refusals under the Commonwealth Act as RC for transitional purposes.
Administrative chain: The director plays a central role in initiating classification obligations and producing certificates used as evidence (ss 9A, 9B, 32). The board and convenor under the Commonwealth Act provide classification decisions and certificates (s 32).
Inspectors: The chief executive may appoint inspectors (public service officers or police officers), subject to the police commissioner’s approval for police appointments (s 5). Inspectors who are not police are issued identity cards (s 5(4)). Inspectors have a wide suite of powers for entry, search, seizure and information-gathering (ss 21-29, 24).
Entry and search regimes: The Act distinguishes three bases for lawful entry,consent of occupier, monitoring warrant, or public access premises (s 22(2)). Offence-related warrants require reasonable grounds an evidential thing is in the place or will be within 72 hours (s 26). Monitoring warrants require reasonable necessity to determine compliance and exclude dwellings (s 25).
Seizure and classification post-seizure: An inspector who seizes a publication following a complaint and a reasonable belief that it is prohibited must submit it to the board as soon as practicable (s 28). Return of seized material is mandated if not required as evidence and no conviction follows, with the express exception that seized child abuse publications are not to be returned (s 35).
Labelling and consumer information: Unrestricted publications must bear determined markings (s 20A) and consumer advice determined by the board or an approved classification tool must be displayed on the product or packaging (s 20E).
Evidentiary and prosecutorial structure: Certificates from the director or the convenor under the Commonwealth Act are admissible as evidence of classification matters in prosecutions (s 32). Certain offences (those involving child abuse or s 18 procurement of minors) are indictable (s 33).
From a compliance and market-effect perspective, the key concepts channel the state's regulatory reach into publishers’ operational decisions: whether and where to publish, what consumer labels to appply, whether and how to advertise, and physical distribution practices. The Act’s short statutory timelines and the importation of Commonwealth classification determinations into state criminal enforcement make classification outcomes a decisive determiner of criminal exposure.
Who it affects
The Act affects a discrete but wide range of actors in the information, publishing and distribution ecosystem:
Publishers: Publishers (broadly defined in schedule 1) are the primary regulated party. The director can compel them to apply for classification or to submit advertisements for approval (ss 9A, 9B). Non-compliance with such notices is a criminal offence (s 9A(4), s 9B(2)). Publishers must also ensure determined markings and consumer advice appear on unrestricted publications where the board requires them (ss 20A, 20E).
Advertisers and media buyers: Advertisers who place copy in publications that are submittable may be required to submit each advertisement to the board (s 9B). The Act also protects an advertiser from liability for selling a publication if the advertiser did not know and had no reason to suspect the publication was prohibited (s 19).
Printers, reprographic service providers and reproducers: The Act criminalises printing, copying or otherwise producing prohibited publications for the purpose of publishing them (s 17). For child abuse publications these offences attract higher maximum penalties (s 17(3)-(4)).
Distributors, retailers and vendors: Criminal offences target sale, advertising, distribution, exhibition, and leaving publications in public or private places under certain conditions (ss 12-16, 20, 20D). Retailers should note obligations around consumer advice and markings when selling unrestricted publications (ss 20A, 20E).
Individuals in possession of publications: Possession is criminalised in particular contexts: possession for the purpose of publishing (s 13), and knowingly possessing a child abuse publication (s 14) carry substantial penalties.
Internet and online publishers: The Act’s triggering language is publication "being published in Queensland, or the director reasonably believes will be published in Queensland" (ss 9A, 9B). The director's reasonable belief about online publication reach may therefore bring online publishers within the Act’s obligations where the director forms a belief that the publication will be published in Queensland. Section 9C provides a defence if the defendant proves they did not intend to publish in Queensland.
Persons who make complaints and inspectors: The Act empowers inspectors and establishes procedures for complaint-based seizure and evaluation of publications (s 28). Inspectors and director-level decision makers are functionally central to who is affected because their reasonable beliefs activate coercive steps.
Police and magistrates: Police officers may be appointed as inspectors, but such appointments require the police commissioner’s approval (s 5). Magistrates are the judicial gatekeepers for monitoring and offence-related warrants (ss 25-27).
Owners/occupiers of premises and the public: The inspection powers and warrant regimes bear directly on occupiers who may face entry, search and seizure in monitored premises or when evidence is suspected to be present (ss 22-26). The Act expressly limits entry to dwellings in some warrant contexts (s 25).
Ministers and the department: The Minister has direction and disposal powers for forfeited literature (s 34) and authority to provide written authorisations to make summary complaints (s 33(4)). The chief executive appoints inspectors (s 5).
Concentrated effects are most visible on publishers and persons handling physical copies of publications because the Act attaches time-sensitive and potentially criminal consequences to distribution, production, and labelling choices. The director’s reasonable-belief standard and the board’s classification outcomes create discretionary choke points that determine whether ordinary commercial acts,printing, advertising, distribution,become criminal.
Key duties and rights
The Act establishes a mix of positive duties on regulated parties and procedural protections or rights tied to enforcement powers.
Primary duties:
Duty to comply with director notices: Where the director reasonably believes a publication is submittable and being or likely to be published in Queensland the publisher must submit an application for classification or face a penalty (ss 9A(1)-(4); maximum 20 penalty units). The same 3-business-day compliance window applies to notices requiring submission of advertisements for board approval (s 9B).
Duties when selling unrestricted publications: Unrestricted publications must bear determined markings (s 20A) and consumer advice determined under the Commonwealth Act must be displayed on the publication or packaging when the board has determined it (s 20E). Failure to comply attracts penalties (ss 20A, 20E).
Duties around distribution and display: Persons must not sell, distribute, exhibit or leave prohibited publications in public places, or in visible ways, or on private premises without permission, under the varying penalty scales set out across ss 12, 15, 16, 20 (see those sections for specified penalties).
Assistance and cooperation obligations: Inspectors may require reasonable assistance under s 24(1)(e). Failure to comply without reasonable excuse is an offence carrying up to 10 penalty units.
Obligations after seizure: Inspectors who seize a publication following a complaint and their reasonable belief that it is prohibited must submit the publication to the board as soon as practicable; if classified unrestricted the inspected copy must be returned as soon as practicable (s 28(2)-(4)). For returned items generally, seized publications must be returned unless required as evidence, but child abuse publications are excluded from return (s 35).
Rights and procedural protections:
Right to produce identity card and inspect it: Inspectors who are not police must produce their identity cards before exercising powers against a person (s 21).
Consent, warrant and public-admission conditions for entry: Inspectors must obtain occupier consent, a valid warrant, or rely on public admission exceptions to enter premises (s 22(2)). Monitoring warrants cannot be used for dwellings (s 25(1)).
Reasonable excuse: A person has a statutory reasonable excuse not to answer questions or produce documents if doing so might tend to incriminate them (s 24(3)). The Act also tolerates failing to comply with a direction if a reasonable excuse exists (s 24(2)).
Defence to director notice prosecution: For s 9A and s 9B offences, if the director reasonably believes publication will be published in Queensland, a defendant can rely on an absence-of-intent defence by proving they did not intend to publish (or authorise publication) in Queensland (s 9C).
Evidentiary efficiencies for prosecution: Certificates from the director or convenor under the Commonwealth Act are admissible to establish classification status (s 32).
Protection for officials: Officials are protected from criminal liability for acts done honestly and without negligence in the execution of functions under the Act (s 39).
Administrative and legal decision rights:
Magistrates control the grant of monitoring and offence-related warrants based on statutory standards of reasonable necessity or reasonable grounds (ss 25-26). The telephone warrant procedure in s 27 imposes documentary follow-up obligations on inspectors and exposes warrant use to retrospective judicial scrutiny; failure to produce the magistrate-signed warrant will lead courts to assume, unless rebutted, that the action was not authorised (s 27(9)).
Operational timings that function as duties:
Three business days to comply with s 9A/9B notices (s 9A(4), s 9B(2)).
Warrant expiry periods: monitoring warrants expire within six months, offence-related warrants within seven days (ss 25(4)(d), 26(4)(e)).
These duties and rights shape the interaction between private actors (publishers, printers, retailers) and state actors (director, inspectors, magistrates). The statutory scheme places immediate operational compliance burdens on publishers and distributors with limited time to respond to administrative notices, but also provides procedural safeguards (warrant requirement, identity card, right against self-incrimination) where coercive powers are exercised.
Penalties and enforcement
The Act combines criminal sanctions, seizure/forfeiture and administrative coercion. Key penalty structures and enforcement mechanisms are:
Criminal penalties:
Graduated maximum penalties calibrated by classification and by the nature of the offending act. Representative maxima include:
Sale, advertisement or distribution of a prohibited publication: restricted (50 penalty units or imprisonment for 3 months); RC (other than child abuse) (300 penalty units or imprisonment for 1 year); child abuse (600 penalty units or imprisonment for 2 years) (s 12).
Possession for the purpose of publishing: similarly scaled maximums (s 13).
Knowingly possessing a child abuse publication: 300 penalty units or imprisonment 1 year (s 14).
Exhibition or display in public or visible to public: same scaling as s 12 (s 15).
Leaving a prohibited publication in or on a public place with intent to cause offence or with reckless disregard: same scaling (s 16).
Producing or copying prohibited publications for publishing: restricted 50 penalty units/3 months; RC 300 penalty units/1 year; child abuse 800 penalty units/3 years. Printing or copying a child abuse publication attracts the higher 800 penalty units or 3 years imprisonment (s 17).
Procurement of a minor for RC publication: child abuse case 1,000 penalty units/5 years; else 800 penalty units/3 years (s 18).
Offences regarding false markings or consumer advice: 20-25 penalty units for some marking offences (ss 20A, 20B, 20D, 20E).
Failure to comply with inspector assistance requirement carries up to 10 penalty units (s 24(2)).
Enforcement mechanisms:
Administrative compulsion via director notices: The director may require publishers to submit publications or advertisements for classification/approval and non-compliance is an offence (ss 9A, 9B).
Inspectors’ coercive powers: Inspectors may enter places, search, inspect, seize and make copies of documents under the provisions of Pt 4. They are appointed by the chief executive and may be public service officers or police (s 5; ss 21-24).
Warrant regimes: Monitoring warrants (s 25) and offence-related warrants (s 26) are judicially authorised instruments that permit entry and exercise of inspector powers. Telephone warrants are permitted in urgency but require post-facto documentation (s 27).
Seizure and classification workflow: Where an inspector seizes a publication pursuant to a complaint and a reasonable belief it is prohibited, the inspector must refer it to the board for classification and return it if classified unrestricted (s 28). The Act allows inspectors to seize items found during a warranted search if necessary to prevent concealment or to preserve evidence (s 23(4)).
Forfeiture and destruction: On conviction, courts may order forfeiture of the publication or anything used in the offence. The Minister then determines destruction or other disposal (s 34). Seized publications that are not required as evidence and for which no conviction results must be returned, except child abuse publications (s 35).
Procedural evidence provisions: Certificates from the director or convenor under the Commonwealth Act are admissible evidence of classification (s 32). This expedites proof of classification in prosecutions and reduces prosecutorial burdens for establishing that a publication had a particular classification.
Tribunal and prosecutorial consequences:
Indictable versus summary: Offences involving child abuse publications and s 18 offences are indictable (s 33). Other offences are summary, with the defendant able to elect summary determination for indictable offences. Complaints for summary offences may only be made by persons authorised in writing by the Minister (s 33(4)).
Enforcement discretion and limits:
The Act sets out protections for officials acting honestly and without negligence (s 39).
Inspectors who are not police must show identity cards before exercising powers against a person (s 21). Entry of a dwelling is excluded from monitoring warrants (s 25(1)).
Individuals retain a statutory right to refuse potentially self-incriminating answers or documents (s 24(3)).
Costs and incentives embedded in enforcement:
The Act places high expected compliance costs on publishers because classification status, which can be compelled, directly determines criminal risk. Short compliance windows and the director’s ability to require applications and advertisement submission increase the operational disruption risk.
The evidentiary status of certificates (s 32) creates an efficient enforcement pathway for prosecutors but concentrates the evidentiary burden on administrative classification outcomes rather than on fact-finding in a contested trial.
For practitioners and compliance officers, the penalty architecture makes classification outcomes the decisive variable. The suite of enforcement powers means that administrative classification decisions and inspectors’ reasonable beliefs can rapidly convert ordinary publishing activities into high-stakes criminal exposures.
How it interacts with other laws
The Act is intentionally interwoven with federal classification machinery and the Criminal Code. The text itself establishes several explicit legal interactions:
Interaction with Commonwealth classification scheme:
The Act regularly cross-references the Commonwealth Act for classification decisions, consumer advice, and board machinery. For example, s 20D references section 13A of the Commonwealth Act for conditions on unrestricted publications; s 20E references the Commonwealth Act section 22CF(5) about consumer advice determined by an approved classification tool; and s 32 treats certificates issued under the Commonwealth Act (sections 25 or 87) as admissible evidence.
Section 46 transitions classifications given under a repealed section of this Act to be treated as classifications under the Commonwealth Act, indicating a shift of substantive classification authority to the Commonwealth framework for certain publications.
Criminal Code interplay:
The Act excludes unrestricted publications from being indecent or obscene material under the Criminal Code (s 36(1)). It also excludes materials subject to conditional cultural exemptions in relation to a relevant showing from being treated as indecent or obscene under the Criminal Code to that extent (s 36(2)).
The Act’s own offences operate alongside other criminal offences. If conduct engages offences under both this Act and other laws, enforcement choices, evidential requirements, and concurrent jurisdictional issues could arise, but the Act supplies its own penalties and forfeiture powers (s 34).
Policing and warrants:
Police powers and the appointment of police officers as inspectors are conditioned on approval by the police commissioner under the Police Powers and Responsibilities Act 2000 (s 5). This creates an administrative linkage with the statutory regime governing police powers, appointments and oversight.
Warrant procedures draw magistrates into the regime under the Justices Act 1886 (s 33(4) referencing complaint procedures) and the magistrate’s role in issuing warrants is a judicial involvement that interacts with ordinary warrant standards and processes.
Evidence and administrative law:
The admissibility of director or convenor certificates under the Commonwealth Act (s 32) affects the evidentiary landscape and reduces the need to call classification decision-makers as witnesses.
The Act exposes administrative decisions (director’s reasonable beliefs, board classification outcomes) to operational consequences, thereby inviting administrative law challenges in other forums. The Act contains no internal merits review provisions but provides transitional and savings provisions for appeals and classifications (Pt 6). Sections 43 and 44 preserve certain existing appeals and entitlements in response to earlier amendments.
Regulatory and regulatory penalty interplay:
Regulation-making power under s 38 allows the Governor in Council to make regulations, including prescribing penalties up to 20 penalty units for regulatory offences. This provides an avenue for secondary legislation to augment the regime and interact with other regulatory offences that affect publishers and distributors.
Transitional instruments and repeal:
The transitional provisions (Pt 6) convert earlier state-level classification decisions and refusals into RC classifications and map earlier exemptions into the new statutory landscape (s 41; ss 46-47). That means older enforcement outcomes under prior statutes remain relevant under the current scheme.
Practical implications of interaction:
The dependency on Commonwealth classification decisions means that the effective enforcement of state criminal offences is frequently contingent on federal administrative processes. Certificates from Commonwealth decision-makers are treated as evidence (s 32), but state coercive steps (s 9A notices, inspector seizures) can be triggered in the interim by the director’s reasonable belief.
The Criminal Code carve-out for unrestricted publications (s 36) may alter prosecution strategies where material has been classified unrestricted by the Commonwealth board, because material that would otherwise feed indecency or obscenity prosecutions under the Criminal Code is explicitly excluded.
For online publishers, the Act’s territorial hook,publication being published in Queensland or reasonably believed to be published there,creates potential extra-territorial interactions with national and international publishing and communications laws.
Practitioners must therefore manage two friction points: administrative classification outcomes under the Commonwealth framework and state enforcement actions taken under the Act. The Act embeds administrative-criminal coordination but delegates substantive classification decision-making largely to the Commonwealth mechanisms referenced in the text.
Amendment history
The Act’s text contains inline amendment and insertion annotations that indicate a history of legislative changes. Where the source records specific insertions and amendments, those are the only ones reported here:
Section 2A (Application of Act) was inserted in 2017 No. 17 s 77 (s 2A ins 2017 No. 17 s 77). That provision provides an exemption where a publication is subject to a conditional cultural exemption in relation to a relevant showing.
Section 3 originally contained definitions but the current arrangement relocates definitions to schedule 1. Amendments include 1993 No. 82 s 19(1) and 2017 No. 17 s 78(4) as noted in the section header (s 3 amd 1993 No. 82 s 19(1); 2017 No. 17 s 78(4)).
Section 5 (Inspectors) shows amendments across multiple years, including the Police Powers and Responsibilities Act linkage, and amendments listed in the source: 2000 No. 5 s 373 sch 3; 2009 No. 48 s 210; 2017 No. 17 s 80 (s 5 amd 2000 No. 5 s 373 sch 3; 2009 No. 48 s 210; 2017 No. 17 s 80).
Sections 9A and 9B were inserted in 1996 No. 56 s 94 with subsequent amendments in 2003 No. 94 s 26 (9A) and 2003 No. 94 s 27 (9B), and later amended in 2017 No. 17 s 83 and s 84 respectively (s 9A ins 1996 No. 56 s 94; amd 2003 No. 94 s 26; 2017 No. 17 s 83; s 9B ins 1996 No. 56 s 94; amd 2003 No. 94 s 27; 2017 No. 17 s 84).
Sections in Pt 4 (entry, search and warrants) have recorded amendments such as s 23 amd 1996 No. 56 s 103 and other parts amended in years noted in the text.
Section 28 (Additional power of inspector to seize publications) is shown as substituted in 2017 No. 17 s 97 (s 28 sub 2017 No. 17 s 97).
Section 32 (Evidentiary provisions) has a sequence of amendments recorded: 1996 No. 56 s 104; 2007 No. 16 s 41; 2017 No. 17 s 98 (s 32 amd 1996 No. 56 s 104; 2007 No. 16 s 41; 2017 No. 17 s 98).
Section 33 amendments are noted across 1993 No. 82 s 27; 1996 No. 56 s 105; 2017 No. 17 s 99 (s 33 amd 1993 No. 82 s 27; 1996 No. 56 s 105; 2017 No. 17 s 99).
Section 34 shows amendments and the 2017 insertion: 1993 No. 82 s 28; 2017 No. 17 s 100 (s 34 amd 1993 No. 82 s 28; 2017 No. 17 s 100).
Section 35 has amendments recorded 1993 No. 82 s 29; 2017 No. 17 s 101 (s 35 amd 1993 No. 82 s 29; 2017 No. 17 s 101).
Section 36 amendments include 2005 No. 4 s 30 sch 1; 2017 No. 17 s 102 (s 36 amd 2005 No. 4 s 30 sch 1; 2017 No. 17 s 102).
Section 39 (Protection of officials) was inserted in 2013 No. 3 s 41 and later amended 2017 No. 17 s 104 (s 39 ins 2013 No. 3 s 41; amd 2017 No. 17 s 104).
The Pt 6 savings and transitional provisions reflect amendments and insertions tied to named amending Acts: the 1996 Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act (s 41), the 2008 Justice Legislation Amendment Act (ss 42-44), and the 2017 Court and Civil Legislation Amendment Act (ss 45-47). The text records where the amending Act is referenced and the sections were inserted (for example s 41 ins 1995 No. 51 s 4 sch; sub 1996 No. 56 s 106).
This list reproduces the annotations present in the provided text and does not invent other amendments or amendment dates beyond those recorded inline. Practitioners should consult the consolidated statute and government legislative histories for a current, formally consolidated version and any subsequent amending instruments beyond those recorded in the text provided.
Litigation history
The source document contains no reported case law or judicial decisions. The Act itself does not list or summarise litigation outcomes or judicial interpretations. Consequences for practice:
The absence of cases in the source means the statutory text, definitions in schedule 1 and interaction with the Commonwealth Act will be the primary instruments for interpretation until courts consider contested facts or administrative decisions.
Because the Act relies heavily on administrative classifications and certificates from Commonwealth decision-makers (s 32) and on the director’s reasonable belief (ss 9A, 9B, 28), future litigation is likely to focus on:
The meaning and scope of "reasonable belief" and the evidentiary sufficiency required for director notices or inspector seizures.
The limits on warrant use, particularly the telephone-warrant process and the documentary requirements in s 27(5)-(7), with potential challenges under procedural fairness and search-and-seizure principles.
The scope and application of conditional cultural exemptions (s 2A) and the point at which a showing or exhibition is sufficiently connected to qualify.
The relationship between federal classification decisions and state criminal liability, especially where classification decisions are pending or where a director’s reasonable belief triggers state enforcement before federal classification is complete.
The application and proof of marking and consumer-advice obligations for unrestricted publications (ss 20A, 20E).
Practitioners should therefore expect that litigation will address the administrative thresholds and the procedural safeguards tied to inspectors’ exercise of power, and will require attention to the statutory interplay with Commonwealth classification decisions.
Because no cases are cited in the source, a practitioner seeking precedent must check judicial databases and consolidated annotations to identify any subsequent cases that have interpreted the provisions described in this Act.
Gotchas
The Act contains several operational traps and non-obvious features that can cause compliance failures or unexpected exposure:
Very short compliance windows for director notices: Notices under ss 9A and 9B must be complied with within three business days after receipt (s 9A(4), s 9B(2)). That timeline is operationally tight for publishers, printers and advertisers, and creates a risk that ordinary business processes will fall foul of the penalty (maximum 20 penalty units).
Broad triggering standard based on the director’s reasonable belief: The statutory hook for many coercive steps is the director’s "reasonable belief" that a publication is submittable and is or will be published in Queensland (s 9A(1)). That standard allows the director to compel action before formal classification. Publishers operating at scale, including those distributing online, face exposure if the director forms a belief about intended territorial publication; the Act provides a narrow defensive path (s 9C) for defendants who can prove no intention to publish in Queensland, which may be difficult to prove.
Extra-territorial and online reach: The act’s phrase "will be published in Queensland" can be read to capture online distribution where the director reasonably believes a Queensland audience will be reached. The Act does not define "published in Queensland" in the provided text; definitions are in schedule 1 which must be checked. Practically, online publishers may be required to apply or face seizure before a formal classification occurs.
Rapid escalation from administrative action to criminal exposure: An inspector’s seizure under s 28 following a complaint and a reasonable belief that the material is prohibited triggers an immediate administrative classification process. While the inspector must submit the seized material to the board and return it if classified unrestricted, the seizure itself and subsequent processes can interrupt business operations and risk criminal investigation and prosecution.
Marking and consumer advice obligations are actionable: Even where a publication is classified unrestricted, failure to carry determined markings (s 20A) or consumer advice (s 20E) is an offence (penalties 20-25 penalty units). Compliance requires up-to-date monitoring of board determinations and approved classification tools (s 20E).
High penalties for child abuse material and production-related offences: Offences involving child abuse publications attract much heavier penalties and longer custodial terms (ss 14, 17, 18). Production, copying and procurement offences have particularly high maximums (s 17(3)-(4); s 18(1)).
Differing seizure-return regimes and non-return of child abuse publications: Seized publications must generally be returned if not required as evidence and proceedings conclude without conviction (s 35). Subsection (2) excludes child abuse publications from return, potentially destroying inventory or stock and imposing irreversible loss.
Inspector identity and warrant formalities: Inspectors who are not police must produce their identity card before exercising powers against a person (s 21). Failure to require production could create grounds for procedural challenge. Telephone warrants must be followed by sworn information and the inspector must send copies to the magistrate by the next day after expiry or execution; failure to produce the magistrate-signed warrant in court leads the court to assume the exercise of the power was not authorised unless the contrary is proved (s 27(9)).
Interaction with Criminal Code: Section 36 removes indecency/obscenity exposure under the Criminal Code for unrestricted publications. That means classification outcomes can convert what would otherwise be a Criminal Code prosecution into a non-criminal status under that Code, but only where the publication is unrestricted or subject to a conditional cultural exemption. Understanding that interaction requires checking both the Commonwealth classification and local Criminal Code provisions.
Municipal/public display risks: The Act makes it an offence to exhibit or display a prohibited publication in public or so it is visible to people in a public place (s 15). Retail display practices and window merchandising must therefore take classification status into account.
Complaints-driven seizures: Part 4 empowers inspectors to act on complaints (s 28) and to seize items if they reasonably believe the publication is prohibited. This creates an operational risk for publishers and retailers in the face of activist or third-party complaints.
Evidentiary certificate trap: Section 32 allows certificate evidence to prove classification. Practitioners should note that the prosecution may rely on documentary certificates rather than calling classification officials, which can streamline prosecutions and limit defence opportunities to challenge classification in the evidentiary phase.
These features create points of friction for publishers and distribution channels. Compliance planning must address quick-response obligations, maintain robust records of territorial intent and distribution channels, and implement processes to verify markings and consumer advice in line with board determinations.
How to comply
For publishers, advertisers, printers, distributors, retailers and compliance teams, the following concrete steps,drawn from the Act’s text,reduce legal exposure and address operational risks:
Governance and policies
Maintain a statutory-compliance register that logs all publications, planned publication territories, and whether any item is a candidate submittable publication. The trigger for director action is the director’s reasonable belief that a publication is submittable and is or will be published in Queensland (s 9A). Documentation of territorial intent and distribution plans supports defences under s 9C.
Establish a rapid-response process for director notices and inspector approaches. Notices requiring submission of a publication or advertisement must be complied with within three business days (s 9A(4), s 9B(2)). Assign named contacts and pre-drafted procedures to ensure rapid internal review and timely engagement with the board or the director.
Operational compliance
Pre-clear advertising and marketing in sensitive publications. If a publication could be a submittable publication, be prepared to submit advertisements to the board on short notice (s 9B).
Apply determined markings and consumer advice to unrestricted publications where required. Ensure packaging and digital product pages include the consumer advice determined by the board, and mark the publication with the determined marking for unrestricted classification (ss 20A, 20E).
Implement classification tracking for inventory and catalogue management. Because classification outcomes determine criminal liability (ss 12-17), incorporate classification status into inventory management systems and point-of-sale systems to prevent sale or display of prohibited materials.
Train frontline retail staff on display and distribution rules. The Act criminalises exhibition or display in public places and leaving prohibited publications in public or private premises without permission (ss 15, 16, 20). Retailers should avoid window display of material that has not been confirmed as non-prohibited and should adopt policies for customer returns and discards.
Engagement with inspectors and warrants
Verify inspector identity and ask for the identity card. Inspectors who are not police must produce an identity card before exercising powers (s 21). If an inspector lacks an identity card or will not produce it, note that and consider seeking legal advice before cooperating on non-consensual entry or search.
Know when to ask for a warrant or insist on consent. Inspectors may enter only with occupier consent, a monitoring or offence-related warrant, or when the premises are open to the public (s 22(2)). Occupiers should confirm whether the inspector has consent or show the warrant. If a warrant is produced, review its terms,monitoring warrants cannot target dwellings (s 25(1)), and offence-related warrants have a 7-day maximum life (s 26(4)(e)).
Protect self-incrimination rights when asked to produce documents or answer questions. Section 24(3) makes it a reasonable excuse to refuse if answering would tend to incriminate. However, refusal must be managed carefully and documented; failure to provide evidence of name/address when required has separate penalty consequences (s 29).
Handling seizures and classification determinations
On seizure, document chain of custody and seek prompt classification information. Where an inspector seizes material under s 28 on complaint and reasonable belief, the inspector must submit the publication to the board (s 28(3)). Keep records of the inspector’s actions and request updates on classification outcomes to expedite return if classified unrestricted (s 28(4)).
Prepare to seek return or contest retention. Seized publications must be returned unless required as evidence and proceedings remain, but child abuse publications are not returnable (s 35). If no proceedings are instituted and properties are not required as evidence, request return in writing and preserve proof of entitlement to possession.
Maintain backup copies of lawful, non-prohibited publications to mitigate loss if physical stock is seized. Be aware that copying or reproducing child abuse material is separately criminalised and carries high penalties (s 17(3)-(4)). Legal counsel should advise on retention policies where reproducing material may risk culpability.
Documentation and record-keeping
Keep clear records of distribution territories, contractual steps with distributors, and content modification histories to support a defence under s 9C (no intention to publish in Queensland). Digital logs showing geo-targeting, contractual terms, and distribution lists will be useful.
Document compliance with markings and consumer advice obligations and keep dated records of product artwork showing markings or packaging with consumer advice (ss 20A, 20E).
Legal risk management
Conduct content audits to identify potentially prohibited or RC material. Engage classification advice early for borderline content and consider voluntary submission to the board if there is uncertainty, to avoid the coercive three-day cycle under s 9A.
Adopt a conservative position on materials involving minors. Offences involving procurement, production or possession of child abuse publications carry higher penalties (ss 17, 18). Where content depicts or may plausibly be interpreted as involving minors, seek urgent legal advice and avoid reproduction or distribution pending classification.
Coordinate with legal counsel on immediate response scripts for inspectors and magistrate warrant processes, including the handling of telephone warrant follow-up documentation (s 27). Ensure that any telephone-warrant documentation prepared by inspectors is obtained and retained when an inspector visits.
Interaction with federal classification
Monitor Commonwealth board determinations and approved classification tools. The Act references board-determined consumer advice and classification under the Commonwealth Act for evidentiary use (s 20E; s 32). Staying current with federal classification policy reduces the chance of encountering last-minute state enforcement.
Maintain liaison points for federal and state regulators. Because classification outcomes are often federal, create processes to surface federal classification decisions immediately to state compliance teams responsible for distribution in Queensland.
Practical checklist for publishers and retailers
Register a compliance officer responsible for responses to s 9A/9B notices.
Create a standard operating procedure for inspectors’ visits (demand identity card, confirm warrant or consent, limit disclosure, assert reasonable excuse if self-incriminating).
Add classification-status flags in inventory and e-commerce platforms to prevent inadvertent sale or display.
Maintain audit trails of territorial targeting for online content, and retain evidence of geo-targeting measures if used.
Draft contracts with printers and distributors to allocate risk over classification contingencies and seized stock.
Following these steps aligns internal processes to the Act’s mechanics, reduces the chance of rapid exposure to criminal sanctions and helps ensure that publisher responses to director notices and inspector actions are timely and legally informed.
(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 .
(a) contain a recent photograph of the inspector; and
(b) be in a form approved by the chief executive.
Section sec.6
s 6 om 2017 No. 17 s 81
Section sec.6A
s 6A ins 1993 No. 82 s 20
amd 2009 No. 48 s 211
om 2017 No. 17 s 81
Section sec.7
s 7 amd 1993 No. 82 s 3 sch 1
om 2017 No. 17 s 81
Section sec.8
s 8 om 2017 No. 17 s 81
pt.2 Classification of publications
Classification of publications
Section sec.9
s 9 amd 1996 No. 56 s 93
om 2017 No. 17 s 82
sec.9A Power to require publisher to submit application for classification of a publication
sec.9A Power to require publisher to submit application for classification of a publication
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.
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.
The notice has effect only if it is published in the Commonwealth gazette.
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.
s 9A ins 1996 No. 56 s 94
amd 2003 No. 94 s 26 ; 2017 No. 17 s 83
(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.
(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.
(sec.9A-ssec.3) The notice has effect only if it is published in the Commonwealth gazette.
(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.
(a) the director reasonably believes a publication is a submittable publication; and
(b) the publication is being published in Queensland, or the director reasonably believes the publication will be published in Queensland; and
(c) if the publication is being published in Queensland—the publication is not subject to a conditional cultural exemption in relation to the publication.
sec.9B Power to require certain advertisements to be submitted for approval
sec.9B Power to require certain advertisements to be submitted for approval
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.
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.
s 9B ins 1996 No. 56 s 94
amd 2003 No. 94 s 27 ; 2017 No. 17 s 84
(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.
(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.
(a) the director reasonably believes is a submittable publication; and
(b) is being published in Queensland, or the director reasonably believes will be published in Queensland;
sec.9C Defence to prosecution under s 9A or 9B
sec.9C Defence to prosecution under s 9A or 9B
In 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.
s 9C ins 1996 No. 56 s 94
amd 2003 No. 94 s 28 ; 2017 No. 17 s 85
Section sec.10
s 10 om 2017 No. 17 s 86
Section sec.11
s 11 sub 2008 No. 51 s 35
amd 2009 No. 24 s 1386
om 2017 No. 17 s 86
Section sec.11A
s 11A ins 1997 No. 82 s 19
om 2017 No. 17 s 87
Section sec.11B
s 11B ins 1997 No. 82 s 19
om 2017 No. 17 s 87
Section sec.11C
s 11C ins 1997 No. 82 s 19
amd 2008 No. 51 s 36 ; 2009 No. 48 s 212 ; 2009 No. 24 s 1387
om 2017 No. 17 s 87
Section sec.11D
s 11D ins 1997 No. 82 s 19
amd 2008 No. 51 s 37 ; 2009 No. 24 s 1388
om 2017 No. 17 s 87
Section sec.11E
s 11E ins 1997 No. 82 s 19
om 2017 No. 17 s 87
pt.3 Offences
Offences
sec.12 Sale etc. of prohibited publication
sec.12 Sale etc. of prohibited publication
A person must not advertise, sell or distribute, or attempt to advertise, sell or distribute, a prohibited publication.
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—600 penalty units or imprisonment for 2 years.
s 12 amd 1993 No. 82 s 21 ; 1996 No. 56 s 95 ; 2017 No. 17 s 88
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.13 Possession of prohibited publication
sec.13 Possession of prohibited publication
A person must not have possession of 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—600 penalty units or imprisonment for 2 years.
s 13 amd 1996 No. 56 s 96
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.14 Possession of child abuse publication
sec.14 Possession of child abuse publication
A person must not knowingly have possession of a child abuse publication.
Maximum penalty—300 penalty units or imprisonment for 1 year.
s 14 sub 1993 No. 82 s 22
amd 2017 No. 17 s 89
sec.15 Exhibition or display of prohibited publication
sec.15 Exhibition or display of prohibited publication
A person must not exhibit or display, or attempt to exhibit or display, a prohibited publication—
in a public place; or
in such a way that it is visible to persons in or on a public place.
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—600 penalty units or imprisonment for 2 years.
s 15 amd 1993 No. 82 s 23 ; 1996 No. 56 s 97 ; 2017 No. 17 s 90
(a) in a public place; or
(b) in such a way that it is visible to persons in or on a public place.
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.16 Leaving prohibited publication in or on public place
sec.16 Leaving prohibited publication in or on public place
A 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.
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—600 penalty units or imprisonment for 2 years.
s 16 amd 1993 No. 82 s 24 ; 1996 No. 56 s 98 ; 2017 No. 17 s 91
(a) in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.
sec.17 Producing prohibited publication
sec.17 Producing prohibited publication
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.
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.
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.
A person must not copy, or attempt to copy, a child abuse publication.
Maximum penalty—800 penalty units or imprisonment for 3 years.
s 17 amd 1996 No. 56 s 99
(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.
(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 abu
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