Undesirable Publications Act · 2010 Revised Edition
Section 4C
Official textFrom Attorney General's Chambers, unchanged
If information is given upon oath to a magistrate that there is reasonable cause to suspect that there are in any premises or place any obscene or objectionable publications (not being prohibited publications) by means of or in relation to which any offence under sections 4A or 4B has been or is about to be committed, or any equipment used or intended to be used for the purpose of exhibiting, making or reproducing those publications, the magistrate may issue a warrant under his hand by virtue of which any police officer, controller or authorised officer named in the warrant may —
place
“place” includes any vehicle, vessel, or aircraft, whether in a public place or not;
with such assistance and by such force as is necessary, enter and search the premises or place;
seize the publications and any equipment used in the exhibition, making or reproduction of those publications; and
take into custody any person reasonably believed to be in possession of those publications or equipment.
The court before which a person is charged with an offence under sections 4A or 4B may, whether he is convicted of the offence or not, order that any publication that appears to the court to be a prohibited publication, an obscene or objectionable publication, and any equipment used or intended to be used for exhibiting, making or reproducing the publications in the
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;
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possession of the alleged offender or before the court, be destroyed or delivered up to the Minister for disposal in such manner as the Minister may direct.
Where —
in proceedings brought under sections 4A or 4B in connection with the offence no order is made under subsection (2) as to the publication or equipment; or
no such proceedings are instituted within 3 months of the seizure, the publication or equipment shall be returned to the person from whom they were seized or, if it is not reasonably practicable to return it to that person, shall be disposed of in accordance with the law regulating the disposal of lost or unclaimed property in the hands of the police.
Terms defined in s 2
place
Defined · s 2“place” includes any vehicle, vessel, or aircraft, whether in a public place or not;
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;