No. XXIV.
An Act for more effectually preventing the Sale of Obscene Books Pictures Pr ints and other Articles. [22nd April, 1880.]
| WH E R E A S it is expedient to give addi t ional powers for t h e | suppression of t h e t r ade in obscene books p r in t s drawings |
| and o the r obscene art icles | Be i t therefore enacted by the | Queen ' s |
| Most Exce l l en t Majes ty b y and wi th t he advice and consent of | t h e |
| Legis la t ive Council and Legislat ive Assembly of | N e w South "Wales in |
| P a r l i a m e n t | assembled | a n d by t h e au thor i ty | of | t h e same as follows | :— |
| satisfied t h a t any of such art icles so k e p t for any of t h e purposes aforesaid are of such a charac ter and descript ion t h a t t he publ icat ion of t h e m would be a misdemeanour or an offence u n d e r th is A c t and | proper |
| 1. I t shal l be lawful | for any Pol ice Magis t r a t e or for a n y two |
Jus t i ces of t h e Peace upon compla in t m a d e before h i m or t h e m upon oa th t h a t t h e compla inan t has reason to believe and does believe t h a t a n y obscene books papers newspapers or p r in ted m a t t e r of any k ind whatsoever or a n y obscene wr i t ings p r in t s p ic tures pho tographs l i tho graphs drawings or representa t ions are k e p t in any house shop room premises or place whatsoever for t h e purpose of sale or d is t r ibut ion exhib i t ion for purposes of gain lend ing upon hire or be ing otherwise publ ished for purposes of gain a n d if such compla inant shall also s ta te u p o n oath t h a t one or more art icles of t he l ike charac ter have been sold d is t r ibuted exhibited lent or otherwise publ ished as aforesaid a t or in connect ion wi th such place so as to satisfy such Police Mag i s t r a t e or Jus t i ces t h a t t h e belief of t h e said compla inant is
| well founded and upon •such Police | Mag i s t r a t e | or | Jus t i ces be ing also |
proper to be prosecuted as such to give au thor i ty b y special w a r r a n t to any constable or police officer to en te r in t h e day t ime in to such house shop room or o ther place wi th such assistance as m a y be necessary a n d if necessary to use force by b reak ing open doors or otherwise and to search for and seize all such books papers newspapers or p r in t ed m a t t e r wr i t ings p r in t s p ic tures pho tog raphs l i thographs drawings or o ther
| representat ions as aforesaid toge the r | w i t h | all p r in t i ng | presses engines |
types plates stones a n d work ing p l an t and mate r ia l whatsoever used for t h e purposes of or in any way in connect ion w i t h any of t h e said ar t ic les found in such house shop room premises or o ther place a n d to ca r ry al l t h e art icles so seized which m a y be capable of removal before t h e Pol ice Mag i s t r a t e or Ju s t i ce s issuing t h e said w a r r a n t or some other
| Police Mag i s t r a t e or Jus t ices | a n d | such | Police | Magis t ra te or | Jus t i ces |
shal l t h e r e u p o n issue a s u m m o n s cal l ing u p o n the occupier of t h e house or o ther place which m a y have been so entered by v i r tue of t h e said w a r r a n t to appear w i th in seven days before such Police Magis t r a t e or a n y two Jus t i ces assembled in P e t t y Sessions to show cause w h y t h e ar t icles so seized should no t be destroyed and such of t h e m as are of t h e n a t u r e of work ing p l an t or mate r ia l be forfeited to t he use of H e r
| Majesty | A n d if such occupier or some o ther person c la iming to be |
| t h e | owner | of t h e | said | ar t ic les | shall | n o t | appear | w i th in | t h e | t i m e |
| aforesaid or shall appear and such | Police Magis t ra te or Jus t i ces shal l |
| be satisfied t h a t | such ar t ic les | or a n y of t h e m | a re of t he | charac te r |
s ta ted in t he w a r r a n t a n d t h a t such or a n y of t h e m have been k e p t for any of t h e purposes aforesaid i t shal l be lawful for t h e said Police Mag i s t r a t e or Jus t i ces a n d he or t h e y are hereby requi red to order t h e art icles so seized except such of t h e m as he or t h e y m a y consider necessary to be preserved as evidence in some fur ther proceedings to be destroyed or forfeited as t he case m a y be a t t he exp i ra t ion of t he t i m e here inaf ter allowed for lodging an appeal unless not ice of appeal as hereinafter ment ioned be given a n d such art icles shal l be in t he mean t i m e impounded or a t tached (as t he case may be) and if such Pol ice Mag i s t r a t e or Jus t ices shall be satisfied t h a t t he articles seized arc n o t of t he cha rac te r stated in t he w a r r a n t or have no t been kep t for any of t h e purposes aforesaid he or t h e y shal l for thwi th direct t h e m to be restored to t h e occupier of t he house or o ther place in wh ich t hey were
| seized or to be released from | a t t a c h m e n t (if | a n y ) . |
A . .hvery occupier 01 t n e nouse snop room premises or place
where in such art icles shal l have been seized or have been a t t a ched every owner and every person who in t he opinion of t h e Pol ice Magis t r a t e or Jus t ices ad judica t ing the reon appears to be t he owner
| of | such | art icles | a n d | every | person p r in t i ng pho tog raph ing | l i t hog raph ing |
| d rawing | m a k i n g | sell ing | publ i sh ing | d is t r ibu t ing | or | exh ib i t ing | a n y |
| obscene books papers newspapers or | pr in ted m a t t e r of any k ind | wha t |
soever or any obscene wr i t ings pr in t s p ic tures pho tographs l i thographs drawings or representa t ions or assist ing the re in shal l be liable on convict ion for a first offence to a pena l ty no t exceeding twen ty pounds or impr i sonment for any t e r m not exceeding t h r ee m o n t h s a n d for any second or subsequent oifence to a pena l ty n o t exceeding fifty pounds
| or to impr i sonment no t exceeding six | m o n t h s . |
| 3. | W o r k i n g - p l a n t | or mater ia l | seized unde r | t h e | au thor i ty of | th i s |
| A c t m a y be a t t ached by t h e | constable or police | officer | execu t ing t h e |
| w a r r a n t in t he following | m a n n e r — H e | shall | m a k e an inven tory of | t h e |
ar t ic les or th ings cons t i tu t ing such p l a n t or ma te r i a l a n d leave a copy thereof w i th t h e person in or apparen t ly in possession of t h e said art icles or t h ings to which copy shal l be subjoined a not ice t h a t the ar t ic les and th ings specified in such copy have been a t t a c h e d u n d e r th is
| or a n y par t | thereof wi th in t en t to defeat t h e said | a t t a c h m e n t | shall he |
| l iable on convict ion of such offence | to be impr isoned wi th or w i t h o u t |
hard labour for any period not exceeding th ree years .
| 4s. | A l l such a t t a c h m e n t s | shall | be | repor ted for thwi th | b y such |
| constable or officer to t h e Police Magis t ra te or | to one of t h e Jus t i ces |
who issued t he w a r r a n t who shall t ake such measures and give such directions for t h e safe custodv of t he art icles or th ings so a t t ached as to h i m shall seem fit.
| 5. | The constable or officer seizing or a t t a c h i n g | a n y art icles | or |
| th ings u n d e r th is A c t may secure t he same on the premises where | they |
are found by seal ing u p a n y reposi tory room or closet b u t w i thou t
causing a n y unnecessary h indrance or inconvenience to any pa r ty by so doing or he m a y leave some person on t h e premises in custody of such art icles or th ings .
| 6. | A n y such art icles | or t h i n g s | m a y be released from | a t t a c h m e n t |
| by an order | u n d e r | t h e h a n d | of t h e Police | Mag i s t r a t e | or of t h e | Jus t i ces |
| who | issued t h e special w a r r a n t u n d e r which | t h e seizure | shall | have |
| been made or by a n order of t he Cour t of Appea l | hereinaf ter |
| men t ioned . |
| 7. | W h e n e v e r | a n y art icles of the charac te r | described | in th is A c t |
shal l be found h a w k e d abou t or carried in any street or publ ic place
for sale or for exhibi t ion dis t r ibut ion or publ icat ion for gain it shall
bo lawful for a n y police officer above the r a n k of an ordinary constable for thwi th to seize t h e same and carry t h e m to t h e neares t police
| office | repor t ing in wr i t ing | to t h e Magis t ra te | there pres id ing t h e fact |
| of such seizure | A n d if wi th in seven days thereaf ter | t he person |
| h a v i n g | so h a w k e d abou t | or carr ied t he art icles | or some person | c la iming |
to be the i r owner shal l no t appear before such M a g i s t r a t e and demand possession of t h e m or if such person does so appear and demand possession and t h e Mag i s t r a t e is satisfied t h a t t he articles are of t h e charac te r described and were h a w k e d abou t or carried for any of t h e aforesaid purposes i t shall be lawful for h im to order t h e m to be destroyed as in t h e case of ar t ic les seized unde r t he first section b u t if
| n o t satisfied | t h a t t h e art icles | are of t h e aforesaid | charac te r or Avere |
| h a w k e d about or carried for any of t he aforesaid purposes | t he Magis t r a t e |
| shal l order t h e m to be fo r thwi th | restored to the c la imant . |
| 8. N o plaintiff | shail recover in any act ion for a n y i r regular i ty |
t respass or o ther wrongfu l proceeding m a d e or commit ted in t h e execu t ion of th i s A c t or in unde r or by v i r t ue of a n y au thor i ty hereby given if t ender of sufficient amends shal l have been made; by or on behalf of t h e pa r ty who shall have commit ted such i r regular i ty trespass or o ther
| wrongful proceeding before such act ion b rough t and in case no t ende r | shall have been made i t shall be lawful for t he defendant in any such |
| act ion by leave of t h e Cour t where such act ion shall depend a t any t ime before issue joined to pay in to Cour t such sum of m o n e y a s he shall t h i n k fit whereupon such proceeding order and adjudicat ion shall be had and m a d e in a n d by such Cour t as in o ther act ions where defendants a re allowed to pay money in to Court . |
| 9. N o act ion suit or informat ion or a n y other proceeding of w h a t n a t u r e soever shal l be b rough t agains t a n y person for a n y t h i n g done or omit ted to be done in pursuance of th i s A c t or in t h e execut ion of t h e authori t ies conferred by this A c t unless not ice in wr i t ing shall |
| be given by the pa r ty i n t end ing to prosecute such action suit | informa | |
| tion or o ther proceeding to t h e in tended defendant one calendar m o n t h a t least before prosecut ing t h e same nor unless such act ion sui t informat ion or other proceeding shall be b r o u g h t or commenced wi th in t h r ee calendar m o n t h s n e x t after the act or omission complained of or in case the re shall be a con t inua t ion of damage then wi th in th ree calendar m o n t h s n e x t after the doing such damage shal l have ceased. |
| 10. A n y person aggrieved by a n y ac t convict ion or | de te rmina |
t ion of such Police Mag i s t r a t e or Jus t i ces in or concern ing t h e execut ion of this A c t m a y appeal agains t t he same to t h e n e x t Cour t of General or Q u a r t e r Sessions holden in t h e distr ict where t h e subject
| m a t t e r thereof arose unless such Sessions shal l be held wi th in | four teen |
| days from t h e da te of such ac t convict ion or de te rmina t ion and in | t h a t |
| case to t h e Cour t of | Q u a r t e r | Sessions t h e n | n e x t following | A n d | such |
Cour t shall have power to hear and de te rmine t h e m a t t e r in a s u m m a r y way and shal l have and exercise all o ther powers vested in t h e m by the th i rd section of the Ac t fifth Wi l l i am t h e F o u r t h n u m b e r t w e n t y - t w o A n d the decision of such Cour t shall be final and conclusive in respect to the subject m a t t e r of such appeal Provided always t h a t t h e person so appea l ing shall have given wr i t t en not ice seven days a t t he least before t h e hea r ing of such appea l of his in t en t ion to appeal a n d s ta t ing t he grounds thereof to t he convic t ing Magis t ra tes or one of t h e m a n d to t he prosecutor A n d provided also t h a t such person in case a p e n a l t y or forfeiture shall have been adjudged against h i m shall pay in to t h e hands of t h e convic t ing Mag i s t r a t e or Jus t ices t h e full a m o u n t or va lue
| thereof (as t h e case m a y be) toge ther wi th t he costs awarded | wi th in |
one week n e x t after t h e convict ion and shall w i th in t h e same per iod en te r in to a bond wi th two sureties approved by such Mag i s t r a t e or Jus t i ces condit ioned to prosecute such appeal and to pay t h e ful l a m o u n t of all such costs as m a y on such appeal be awarded aga ins t h im A n d if such appea l be dismissed or decided agains t t h e appel lant or be no t prosecuted such Cour t m a y order t h e articles seized for thwi th to be destroyed and those a t t ached (if any) to be forfeited to H e r Majesty Provided always t h a t i t shall no t be lawful for t h e appe l lan t on t h e hea r ing of any such appeal to go in to or give evidence of a n y o ther g rounds of appeal agains t a n y such order act or de te rmina t ion t h a n those set for th in such notice of appeal .
1 1 . This A c t m a y be cited for all purposes as t he " Obscene
| Publ ica t ions Preven t ion A c t 1 8 8 0 " and its provisions shall be read | a n d |
| construed cumula t ive ly wi th | t h e provisions of t h e A c t fifteenth | Victor ia |