Obscene and Indecent Publications Act 1901 (NSW)
| Act No. 12, 1901. | 131 |
Obscene and Indecent ’Publications,
Act No. 12, 1901.
| An Act to consolidate the Acts relating to the prevention and suppression of ohscenc and | ObSCENK AM) |
InDEX'ENT
P ublication.-̂.
| indecent pnhlieations. | [4̂ /̂ Ocfohcr, 1901.] |
it enacted l>y tin' Kiii2;'’s Most Excellent Majesty, l>y and with J 3 the advice and eonsinit of the Legislative Council and Legislative Asserahly of New Soiitli "Wales in Parliament assembled and hy the authority of the same as follows :—
liPpeal and. inlerprelalion.
1. This Act may he cit('d as the “ Obscene and Tndcccnt siimt title.
Publications Act 1901.”
2. 'Jdic Acts mentioned in the Schedule to this Act are hereby iiopeai.
rt'pealed.
3. In this Act iinh'ss the context or subject-matter otherwise interpretation,
indicates or requires—
“ Justice ” means justice of the peace.
“ Ohscenc jmhlieation ” includes any obscene hook paper new s-3i vie. No. 21, s. i.
paper or printed matter of any kind whatsoever and any obscene Avriting print picture photograph lithograjili draiving or representation.
“ Indecent” advertisement or picture or printed or Avritten matter No. 2, 1900, s. 4.
| includes any advertisement picture or printed or Avritten | 27, ifoo, s. 1. |
| matter relating to any complaint or infirmity arising from or | |
| relating to sexual intercourse or to nervous debility or female |
| irregularities or Avhicdi might reasonably he construed as | , |
| relating to any illegal medical treatment or illegal operation. |
Ap)pUcation o f Act.
4. Nothing in tliis Act relates to the printing publishing making Bona-nde medirai
| possessing selling or delivery or the exhibiting in the Avindow of any | g |
| shop or the posting or causing to he posted for transmission by post | ' ’ | ’ ' ’ |
| for any laAvfiil purpose of any bona-fide medical Avork or treatise. | ||
| But in any prosecution for an offence against this Act the burden of proof that a publication is a bona-fide medical AVork or treatise shall lie on the defendant. |
Seizure of obscene publications, Sfc.
| 5. A police magistrate or any tiA'O justices may subject to the I’owcrto issue special | . | 1 | J i | • | 1 | - 1 | , | -Hi i ri ant to enter |
conditions m tlic next section contained authorise by special Avarrant premises and search
| any constable or police officer to enter in the daytime into any house for and seize obscene | V | I | t | ! | t | / | publicatione. |
| SilOp | 43 Vie. No. 24, s. 1. |
132 Act No. 12, 1901,
Obscene and Indecent 'Publications.
shop room or other place and to search for and seize all obscene publications found therein together with all printing presses engines types plates stones working plant and material used for the purposes of or in any way in connection therewith aiad to carry all the articles so seized which are capable of removal before a police magistrate or any two justices.
| Conditions precedent | 6. Ko special warrant shall he issued unless— |
| to issue of special |
| warrant. | («) a complaint is made on oath and | |
| 43 Vic. No. 21, s. 1. | it)) the complainant states in his complaint that he has reason to believe rmd does believe that obscene publications arc for the purpose of gain kept in some house shop room premises or place for sale distribution exhibition lending upon hire or being otherwise published and | |
| ||
| {!) it is proved to the satisfaction of the police magistrate or justices that any of the articles so kept arc of such a character and description that their publication would he a mis demeanour or an olfcnce under this Act and proper to he prosecuted as such. |
| Constiibic iiiiiy break | 7. The coiistahlc 01’ policc officci’ to whom any such special breaking open doors or otherwise in order to effect an entry. |
| Tbid '̂ *̂°** | warrant is issued may if necessary obtain assistance and use force hy |
‘ ■
Destntetion and forfeiture o f articles seized under a special icarrant.
| siiinmons to occupier | 8 . Wlicnevei’ any articles are seized and brought before a |
| of premisca to attend | Q,. justicesiii pursuaucc of a sj)ccial Warrant lic or |
| and show cuu^c. | i | t | j | i | • | ̂ | n - | ̂ | n | . |
they shall immediately issue a summons calling upon the occupier of the house or other place entered hy virtue of such warrant to appear Avithin sc en days before such police magistrate or any tivo justices assembled in petty sessions to show cause Avhy the articles seized should not he destroyed and such of them as arc of the nature of Avorking plant and material forfeited,
| ncsiiuction imd | 9. (1) Tlic poHcc magistrate or justices shall— |
occupier or some other person claiming to he the OAvner
| ' | of the articles seized does not appear Avithin the time limited or |
| ’ | (b) | if the occupier or such other person appears and it is found that the articles seized or any of them arc of the character stated in the AA'arrant and have been kept for any of the purposes mentioned in section six |
| . | order |
| Act No. 12, 1901. | 133 |
Obscene (aid Iiideco/t I*iiblic<t/iGi/s.
order tlic articles seized except sucli as ho or they considcT necessary to h(' preserved as evidence' in further proceeding’s to he destroyed or forfeited at the expiration of the time allowed for lodgiui>- an appeal.
(2) The articles seized shall be impounded or attached impoundi.igand
until the expiration of the time allowed for appealing or Avhcrc an
| ajipcal is lodged until the decision of the appeal. | Xo. 2 4 , i. |
(3) The police magistrate or justices shall if satistied that Ri-storaiionoc
the articles seized are not of tlic character stated in the warrant or have not been kept for any of the purposes mentioned in section six direct them to he restored to the occupier of the house or other place in which they were seized and if under attachment to he released therefrom.
AUacJnuciit.
10. (1) "Working ])lant or material seizi'd under the authority Attadimoni of
of this Act may he attached hy the constahle or iiolice officer
| executing a special Avarrant in the manner folloAving ;—• | ' ’ ' |
The constable or policc officer shall—^
{(() make an iiiA'entory and co]iy invc'utory of the AVorking ])lant and material and
{b) Avritc at the foot of such cojiy a notice that the AVorking
])lant and material specified in such cojiy liaAm been attached
under this Act and
| (c) | give the copy inventory endorsed Avith such notice to the person in or ajiparcntly in possession of tlie Avorking plant and material. |
(2) Any jiersoii Avho Avith intent to defeat an attachment runishmont for
and knoAving sueh Avorking jilant or material to have been attached attachment,
disposes of remoAXs retains cmhezzleS conceals or receives such
Avorking jilant or material or any ]iart thereof shall he guilty of a
misdemeanour and on conviction he liable to imjirisonment Avith or
Avithout hard labour for a term not exceeding three years.
11. (1) All attachments shall he re])orted fortliAvitli hy the Au.uimionts to bo
constal)lc or policc officer making tliem to the ])olice magistrate or
| one of the justices Avho issued the special Avarrant. | " ' |
| (2) Such jtolicc magistrate or justice shall t:ike measures and give directions for the safe custody ot' tlie working plant and materials attached. |
12. Tlic constahle or police officer attaching any such AA'orking Cmishit.ic mny s™l
| plant or material may secure the same on the premises Avherc tPpy >'i' | Ibid. ?. 5. |
| arc found hy scaling u]) Avithout causing unnecessary hindrance or | |
| inconvenience any repository room or closet or hy leaving some person | |
| on the premises in custody of them. |
| p?- ■ | ■ |
134 Act No. 12, 1901.
Obscene and Indecent Publications.
| Release from | 13. Worldiig | or material may be released from attaeli- |
| attachment. | ment by an order under the hand of the poliee magistrate or iustiees |
| j Q V | TV | <3 | J . | O |
| 1 0 . | o. | , 8. . | issued the special warrant under which the seizure was made or by an order of the Court of Quarter Sessions in case of an appeal. |
Seizure and destruction o f articles liaivked in streets.
| Seizure of obscene | 14. (1) Any police officer above the rank of an ordinary any obscene jmblication found hawked about or carried in any street or public place for sale or for exhibition distribution or publication for gain and shall report tlie fact of such seizure in writing to tlie magistrate there presiding. |
| for sale &c. | constable may fortliAvith seize and carry to the nearest police office |
| Hid. s. 7. | |
| publication seized. |
publications hawked
| Destruction of | (2) Such magistrate may— |
| Ibid, | (a) if within seven days after such seizure the person Avho hawked about or carried the publications seized or some person claiming to be their owner docs not appear and demand possession or | |
|
order such books to be destroyed as provided in section nine.
Restoration of
| publications. | (3) The magistrate shall if not satisfied that the publica |
| Ibid. | tions are obscene or Avere liaAvked about or carried for any of the aforesaid purjioses order them to be fortliAvith restored to the claimant. |
Offences.
15. Every-
By occupiers of premises.
| Jbid. s. 2. | (a) | occupier of the house shop room premises or place Avhorein any articles of the character described in section five have been seized or attached and |
| By owners of | OAvner and person aa'Iio in the opinion of the police magistrate | |
| articles. | (^) | |
| Hid. | or justices adjudicating appears to be the oAvner of sucli articles |
shall for a first offence be liable to a penalty not exceeding twenty pounds or in the discretion of the Court to imprisonment for a term not exceeding three months and for a second or subsequent offence to a penalty not exceeding fifty pounds or in the discretion of the Court to imprisonment for a term not exceeding six months.
Printing or
| publishing olscene | 16. Whosoever— |
| publications. | («) prints photographs lithographs draws makes sells publishes |
| Hid. | distributes or exhibits any obseene publication or assists in so |
| No. 2, 1900, 9. 1. | doing or |
| Publisliing indecent |
| advertisements or | {b) publishes a ncAvspaper containing any indecent or obscene |
| reports in newspaper. | adA'ertisement or report or |
( )̂
| Act No. 12, | 1901. | 185 |
Obscene and Indecent Fublications.
| (c) | picture or printed or written matter with the intent tliat the |
gives or delivers to any otlier person any indecent or obscene Delivering suci. thereof should he published as an advertisement in any newspaper or
| (d) |
affixes to or inscribes on any housebuilding wall hoardingAnixingintWenior so as to be visible to a person being in or passing along any street public highway or footpath or affixes to or inscribes on any public urinal or delivers or attempts to deliver or exhibits to any person or throws down the area of any house or into the garden or curtilage of any house or exhibits to j^ublic view in the window of any house or shop or otherwise publishes any indecent or obscene picture or printed or written matter or
| (e) |
gives or delivers to any other person any such pictures or Sending others to do some one or more thereof or a copy ot any such picture or printed or written matter should be affixed inscribed delivered exhibited or otherwise published in contravention of the provisions of this section or
| (f) | posts or causes to be posted for transmission by post any Posting imk-cont | |
|
(ff) prints any picture or printed matter published or’ posted in Piinting ind.-oont
| contravention of this Act | im tn rcs or prin ted | |
|
shall be liable to a penalty not exceeding twenty pounds or in the Penalty,
discretion of the Court to imprisonment for a term not exceeding six
| months with or without hard labour. | . |
Actions against justices and others.
17. No action suit or other proceeding shall be brought against Limitation ot
| any person for anything done or omitted to be done in pursuance of | 2 i s 9 |
| this Act or in the execution of tlie autliorities conferred tliercundcr | "............. |
| unless—■ | ■ |
[a) notice in writing is given by tlic party intending to prosecute such action suit or proceeding to the intended defendant one month at least before prosecuting the same and
{b) the action suit or proceeding is brought or commenced within three montlis ne.xt after the act or omission complained of or if the damage is continuous then within three months next after the doing of such damage has ceased.
| 18. (1) No plaintiff shall recover in an action suit or other proceeding tor an irregularity trespass or other wronglul proceeding tender amrmis committed in the execution of this Act or under any authority | ^ |
thereby nuis.s.
| 13G | Act No. 13, 1901. |
Vagrancjj.
thereby given if before action or suit brougiit sufficient amends have been tendered by or on behalf of the party Avbo committed the irregularity trespass or other Avrongful proceeding.
Payment into Court, (2) lu casc no tender bas been made the defendant may
43 Vic. No. 24, e. 8. by leave of the Court in AA'liieb the action suit or proceeding is pending pay into Court at any time before issue joined such sum of money as be thinks fit and all proceedings orders and adjudications shall be bad and made by the Court as in other actions Atdiere defendants are allon^ed to pay money into Court.
| Schedule. | SCHEDULE. |
| Number of Act. | Title or short title. | Extent of ropciil. |
43 Tie. No. 24 .. The Obscene Publications Prevention Act. The \Nliole Act.
1880.
| No. 2, 1900 | ... The Indecent Publications Act, 1900... | ... | The whole Act, o x - |
ce|)t .section 3.
| No. 27, 1000 | ... An Act to amend the Indecent Publications | The whole Act. |
Act, 1900.
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