Undesirable Publications Act · 2010 Revised Edition
4. Offences
Official textFrom Attorney General's Chambers, unchanged
Any person who imports, publishes, sells, offers for sale, distributes or reproduces any prohibited publication or any extract therefrom is guilty of an offence: Penalty, for a first offence, a fine of $3,000 and imprisonment for 3 years and for a subsequent offence, a fine of $5,000 and imprisonment for 4 years.
prohibited publication
“prohibited publication” means any publication, the importation, sale or circulation of which has been prohibited under section 3;
Any person who without reasonable excuse has in his possession any prohibited publication or any extract therefrom is guilty of an offence:
Penalty, for a first offence, a fine of $2,000 and imprisonment for one year and for a subsequent offence, a fine of $3,000 and imprisonment for 2 years.
In any proceedings against any person for an offence under subsection (2) such person shall be presumed, until the contrary is proved, to have known the contents and the nature of the contents of any publication immediately after such publication came into his possession.
publication
“publication” means any of the following other than a film — (a) any book, magazine or periodical, whether in manuscript or final form; (b) any sound recording; (c) any picture or drawing, whether made by computer-graphics or otherwise howsoever; (d) any photograph, photographic negative, photographic plate or photographic slide; or (e) any paper, model, sculpture, tape, disc, article or thing — (i) that has printed or impressed upon it any word, statement, sign or representation; or (ii) on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or other electronic device, is capable of being reproduced or shown as any picture, photograph, word, statement, sign or representation, and includes a copy of any publication;
Offences involving obscene publications. [S 60/07]
Terms defined in s 2
prohibited publication
Defined · s 2“prohibited publication” means any publication, the importation, sale or circulation of which has been prohibited under section 3;
publication
Defined · s 2“publication” means any of the following other than a film — (a) any book, magazine or periodical, whether in manuscript or final form; (b) any sound recording; (c) any picture or drawing, whether made by computer-graphics or otherwise howsoever; (d) any photograph, photographic negative, photographic plate or photographic slide; or (e) any paper, model, sculpture, tape, disc, article or thing — (i) that has printed or impressed upon it any word, statement, sign or representation; or (ii) on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or other electronic device, is capable of being reproduced or shown as any picture, photograph, word, statement, sign or representation, and includes a copy of any publication;