Indecent Articles and Classified Publications (Amendment) Act 1977 (NSW)

INDECENT ARTICLES AND CLASSIFIED

PUBLICATIONS (AMENDMENT) ACT, 1977

ANNO VICESIMO SEXTO

ELIZABETHE II REGINE

Act No. 53, 1977.

An Act to amend the Indecent Articles and Classified

Publications Act, 1975, with respect to child

pornography. [Assented to, 24th June, 1977.]

BE

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1.      This Act may be cited as the "Indecent Articles and

Classified Publications (Amendment) Act, 1977".

2 . The Indecent Articles and Classified Publications Act,

1975, is amended in the manner set forth in Schedule 1.

A direction given under section 13 (2) of the Indecent Articles and Classified Publications Act, 1975, before the commencement of this Act shall be deemed to have been given under section 13B of that Act, as amended by this Act.

3.

SCHEDULE 1.

A M E N D M E N T S TO THE INDECENT A R T I C L E S AND CLASSIFIED

PUBLICATIONS A C T , 1975.

(1) (a ) Section 5 ( 1 ) , definition of "child pornography publication"—

After the definition of "Board", insert :—

"child pornography publication" means—

(a) a publication in respect of which a classification under section

13A as a child pornography

publication is in force; or

(b) a copy of such a publication;

S C H E D U L E 1—continued.

A M E N D M E N T S TO THE INDECENT ARTICLES AND CLASSIFIED

PUBLICATIONS A C T , 1975—cont inued.

(b) Section 5 ( 1 ) , definition of "classified

publication"—

Omit "or a direct sale publication", insert instead
", a direct sale publication or a child pornography

publication".

( 2 ) Section 1 2 ( 6 ) —

After " 1 3 " , insert "or 1 3 A " .

( 3 ) Section 1 3 ( 2 ) —

Omit the subsection.

( 4 ) Sections 13A, 1 3 B —

After section 1 3 , insert : —

13A. ( 1 ) Where a publication is the subject of an

application under section 1 2 to a classifying authority,
and the authority is of the opinion that the publication
contains indecent matter that depicts a child who—

(a) is engaged in an activity of a sexual nature;

or

(b) is in the presence of another person who is

so engaged,

the authority shall, instead of classifying it under section 1 3 , classify it as a child pornography publication.

S C H E D U L E 1—continued.

A M E N D M E N T S TO THE INDECENT ARTICLES AND CLASSIFIED

PUBLICATIONS A C T , 1975—continued.

(2 ) In subsection ( 1 ) , a reference to a child,

in relation to a publication, is a reference t o—

(a) a person who, as depicted in the publication,

is under the age of 16 years or appears to the classifying authority to be under the age of 16 years; or

(b) where the classifying authority is satisfied that a person depicted in the publication is expressly or by implication represented (whether or not in a pictorial form) in the publication to be under the age of 16 years—that person.

(3) In this section—

"activity" includes the activity of posing;

"depict" means depict by photograph or in any

other pictorial manner.

13B. If a classifying authority so directs when classifying a publication under section 13 or 13A, the

classification decided upon extends to any subsequent	edition, series, number, instalment or issue of the
publication notwithstanding any reconstruction (whether by way of alteration in title, change of subject, characters, story or other features, or in any other manner) of the publication.

(5) (a ) Section 14 ( 1 ) —

Omit "13 ( 1 ) " , insert instead "13 or 13A".

SCHEDULE 1—continued.

AMENDMENTS TO THE INDECENT ARTICLES AND CLASSIFIED

PUBLICATIONS ACT, 1975—continued.

(b) Section 14 (1)—

Omit "13 (2)" , insert instead "13B".

(c) Section 14 (2)—

Omit "13 (1)", insert instead "13 or 13A".

(d) Section 14 (2 )—

Omit "13 (2)" , insert instead "13B".

(e) Section 14 (3) ( a )—

After "13", insert "or 13A".

(6) Section 18A—

After section 18, insert :—

18A. A person contravenes this section if—

(a)	he
publication; or publishes a child pornography
(b)	he has a child pornography publication in his possession apparently for the purpose of publishing it.

Penalty : In the case of a corporation—$2,000 for a first offence and $4,000 for a second or subsequent offence. In any other case—$1,000 or imprisonment for six months for a first offence and $2,000 or imprisonment for twelve months for a second or subsequent offence.

SCHEDULE 1—continued.

AMENDMENTS TO THE INDECENT ARTICLES AND CLASSIFIED

PUBLICATIONS ACT, 1975—continued.

( 7 ) (a) Section 1 9 ( 1 ) ( a )—

Omit "or a direct sale publication", insert instead

", a direct sale publication or a child

pornography publication".

(b) Section 1 9 ( 1 ) (b )—

Omit "or direct sale", insert instead ", direct sale or child pornography".

(c) Section 1 9 (2 )—

Omit "or a direct sale publication", insert instead

", a direct sale publication or a child pornography

publication".

(8) (a) Section 20—

After " 1 8 " , insert ", 18A".

(b) Section 20 ( b l ) —

After section 20 (b), insert:—

(bl ) where the contravention involved a child

pornography publication—all child

pornography publications that were; or

(9) Section 25 (b )—

Omit "a classified publication", insert instead "an unrestricted publication, a restricted publication or a direct sale publication".

SCHEDULE 1—continued.

AMENDMENTS TO THE INDECENT ARTICLES AND CLASSIFIED

PUBLICATIONS ACT, 1975—continued.

(10) Section 26 (a) —

Omit "or a direct sale publication", insert instead ", a direct sale publication or a child pornography publication".