Indecent Publications and Articles Amendment Act (No. 2) 1983 (WA)

WESTERN AUSTRALIA.

INDECENT PUBLICATIONS

AND ARTICLES (No. 2).

No. 45 of 1983.

AN ACT to amend the Indecent Publications and

Articles Act 1902-1974.

[Assented to 5 December 1983.

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Indecent =Ile..

Publications and Articles Amendment Act (No. 2)

1983.

(2) In this Act the Indecent Publications and Reproved

Articles Act 1902-1974 is referred to as the principal 19,g:ember

Act.

No. 45.] Indecent Publications and [1983.

Articles (No. 2).

(3) The principal Act as amended by this Act may

be cited as the Indecent Publications and Articles

Act 1902-1983.

Commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Section J.A

amended. 3. Section 1A of the principal Act is amended

in paragraph (a) of the definition of "article" by

inserting after "videotape" the following-

, videodisc, slide and any other form of recording from which a visual image can be produced ".

Section

amended. 4. Section 6 of the principal Act is amended

(a) by inserting after "6" the following-

fc (1) ";

(b) in the definition of "publication" by insert- ing after "kind" the following

it , any videotape, videodisc, slide and

any other form of recording from which

a visual image can be produced ";

(c) by inserting after the definition "restricted publication" the following definition-

" "sale" includes exchange; ";

(d) by inserting the following subsection

(2) In sections 7 to 14, both inclusive,

of this Act a reference to "hire" or "hiring" means lending whether for a consideration or not. ".

1983.] Indecent Publications and [No. 45.

Articles (No. 2).

5. Section 10 of the principal Act is amended— 7gganeci? (a) in subsection (1)-

(i)    by deleting "or" after paragraph (a) (1);

(ii)   by deleting the comma after para- graph (a) (ii) and substituting the following-

" ; or "; and

(iii)   by inserting after paragraph (a) (ii) the following subparagraph

'C (iii) in relation to a publication

that is a cinematographic or other type of film, videotape, videodisc, slide or other form of recording from which a visual image can be produced, a report has been made for the purposes of the Customs Cinema- tographic Films Regula- tions of the Commonwealth that the publication is a publication or is of a class of publication the distribu- tion of which should be restricted or the publication has been reported under those regulations as a pub- lication or of a class of publication that is con- sidered to be not unsuitable for distribution in Australia restricted to persons who are 18 or more years of age, ";

(b) in subsection (4), by inserting after the word "section" where secondly occurring the following

or a report made for the purposes of the Customs Cinematographic Films Regulations of the Commonwealth "; and

No. 45.] Indecent Publications and [1983.

Articles (No. 2).

(c) in subsection (8), in paragraph (b) of the definition of "person aggrieved", by insert- ing after "selling" the following-

" or hiring ".

Section 11

amended. 6. Section 11 of the principal Act is amended

(a) in subsection (1)-

(i) by inserting after "sells" in para- graph (a) the following

" or hires ";

by inserting after "selling" in para-

graph (b) the following

CC or hiring "; and

(iii)  by inserting after "distributes" in paragraph (c) the following-

or displays ";

(b) in subsection (2), by inserting after "exhibits" the following-

" or displays ";

(c) in subsection (3)—

(i)  by inserting after "sells," in para- graph (a) the following-

" hires, "; and

(ii)  by inserting after "sells" in para- graph (b) the following-

" or hires ";

1983.] Indecent Publications and [No. 45.

Articles (No. 2).

(d) in subsection (4)-

(i)    by deleting "subsection (3) of"; and

(ii)  by inserting after "sold" the following-

" , hired, gave or distributed ";

(e) by repealing subsection (5) and substituting

the following subsection

CC

(5) A person who in any shop displays or exhibits a restricted pub- lication in such a manner as to place it on view

(a) from inside the shop to persons under the age of 18 years; or

(b) from outside the shop,

commits an offence against this

section. ";

(f) in subsection (5a)—

(i)  by inserting after "shop," the following

except on the premises of the shop at which he carries on the business of hiring, selling or distributing restricted publica- tions, "; and

(ii)  by inserting after "perusing" in paragraph (b) the following

, viewing "; and

(g) by inserting after subsection (5a) the following subsection-

i t

(5ab) A person who carries on the

business of hiring, selling or distribut-

ing restricted publications who permits

No. 45.] Indecent Publications and [1983.

Articles (No. 2).

or suffers a person under the age of 18 years to enter into or remain in any portion of his premises in which restricted publications are displayed, sold, hired or distributed commits an offence against this section. ".

Section 11A

amended. 7. Section 11A of the principal Act is amended

(a) in subsection (1) by deleting "or selling" and substituting the following-

It , hiring or selling ";

(b) in subsection (5), by deleting "or selling" and substituting the following-

" , hiring or selling "; and

(c) in subsection (7), by inserting after "sale" the following-

" or hire ".

Section 12

amended. 8. Section 12 of the principal Act is amended

by inserting after "sold" the following-

" , hired ".

Section 12A

amended. 9. Section 12A of the principal Act is amended

(a) in subsection (1), by inserting after "selling" the following-

" , hiring "; and

(b) in subsection (2), by inserting after "sold," in paragraph (b) the following-

" hired, ".