Films, Videos, and Publications Classification Amendment Act 2005

1: Title
1: This Act is the Films, Videos, and Publications Classification Amendment Act 2005.
2: In this Act, the Films, Videos, and Publications Classification Act 1993 the principal Act
2: Commencement
1: The following sections (which relate to the issue under the principal Act of labels for restricted publications (other than films)) come into force on the day that is 3 months after the date on which this Act receives the Royal assent:
a: section 3(1)
b: sections 12 to 14
c: sections 20 21
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Interpretation
1: The definition of label in section 2 film or other publication
2: Section 2 paragraph (c)
c: a paper or other thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words:
d: a thing (including, but not limited to, a disc, or an electronic or computer file) on which is recorded or stored information that, by the use of a computer or other electronic device, is capable of being reproduced or shown as 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words: .
4: Meaning of objectionable
1: Section 3 subsection (1)
1A: Without limiting subsection (1)
a: the publication is or contains 1 or more visual images of 1 or more children or young persons who are nude or partially nude; and
b: those 1 or more visual images are, alone, or together with any other contents of the publication, reasonably capable of being regarded as sexual in nature.
1B: Subsection (1A)
2: Section 3(3) (4) should in accordance with section 23(2)
5: New
sections 3A to 3D The principal Act is amended by inserting, after section 3
3A: Publication may be age-restricted if it contains highly offensive language likely to cause serious harm
1: A publication to which subsection (2) section 23(2)(c)(i)
2: This subsection applies to a publication that contains highly offensive language to such an extent or degree that the availability of the publication would be likely, if not restricted to persons who have attained a specified age, to cause serious harm to persons under that age.
3: In this section, highly offensive language
3B: Publication may be age-restricted if likely to be injurious to public good for specified reasons
1: A publication to which subsection (2) section 23(2)(c)(i)
2: This subsection applies to a publication that contains material specified in subsection (3) subsection (4)
3: The material referred to in subsection (2)
a: describes, depicts, expresses, or otherwise deals with—
i: harm to a person's body whether it involves infliction of pain or not (for example, self-mutilation or similarly harmful body modification) or self-inflicted death; or
ii: conduct that, if imitated, would pose a real risk of serious harm to self or others or both; or
iii: physical conduct of a degrading or dehumanising or demeaning nature; or
b: is or includes 1 or more visual images—
i: of a person's body; and
ii: that, alone, or together with any other contents of the publication, are of a degrading or dehumanising or demeaning nature.
4: The reasons referred to in subsection (2)
a: cause them to be greatly disturbed or shocked; or
b: increase significantly the risk of them killing, or causing serious harm to, themselves, others, or both; or
c: encourage them to treat or regard themselves, others, or both, as degraded or dehumanised or demeaned.
3C: Procedure for classification under
sections 3A and 3B In determining whether to classify a publication as a restricted publication in accordance with section 3A or section 3B paragraphs (a) to (f) of section 3(4)
3D: How
sections 3A and 3B sections 3 and 23(2)(c) Sections 3A and 3B section 3 sections 3 and 23(2)(c)
6: Transitional provision
1: Sections 3A to 3D section 5 section 23(2)(c)(i) section 11 new provisions
a: publications submitted or referred to the Classification Office or Board of Review under the principal Act before the commencement of this section, but not classified by the Classification Office or the Board (whether for a first time or by way of reconsideration) before that commencement; and
b: publications submitted or referred to the Classification Office or Board of Review under the principal Act on or after the commencement of this section.
2: No person may be convicted of an offence against section 125(1) 126(1)
3: Without limiting section 42(3)
7: Whether publication objectionable a matter of expert judgment
1: The heading to section 4 Whether publication objectionable Classification of publications
2: Section 4(1) is objectionable or should in accordance with section 23(2)
8: Submission of films by labelling body
Section 12 subsection (1)
1A: However, the labelling body is not required by subsection (1)
a: an item on the film has been classified under this Act as a restricted publication; and
b: all other material included on the film is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating; and
c: the labelling body may, without a direction of the Classification Office under section 36
9: Submission of publications by others
Section 13(1) paragraph (a)
ab: the Commissioner of Police: .
10: New
section 19
1: The principal Act is amended by repealing section 19
19: Notification of submission
1: This section applies if a person (the submitter section 13
2: The Chief Censor must immediately determine the notice of the submission that is to be given to any person (other than the submitter) who the Chief Censor reasonably believes should be given notice of the submission by reason of that person's interest in the publication (being an interest as owner, maker, distributor, or publisher of the publication).
3: The Chief Censor may, before the publication has been classified by the Classification Office, determine—
a: that notice of the submission is to be given to any other specified person or class of persons, in a manner and within a time the Chief Censor specifies:
b: that the fact that the submission has been made is to be publicised, in a manner and within a time the Chief Censor specifies.
4: Having determined under subsection (2) or subsection (3) subsection (5)
5: The Chief Censor must arrange for the Classification Office to give that notice or to publicise that fact if satisfied that giving that notice or publicising that fact would place an undue burden on the submitter.
2: Section 20(1)(c) paragraph (a) or paragraph (b)(i) of section 19 of this Act section 19(4) or (5)
3: A direction given under section 19(a) (b)
11: Examination and classification
1: Section 23(2) section 3 of this Act sections 3 to 3D
2: Section 23(2)(c)(i) a specified age not exceeding 18 years
12: Conditions relating to display of restricted publications
1: Section 27(4) paragraph (a)
a: that, when the publication is on public display, the classification given to the publication must be shown by way of a label—
i: issued in accordance with a direction under section 36A(2)
ii: affixed to the publication in a manner specified by the Classification Office; or
iii: brought in some other, more practical or convenient way to the attention of persons to whom the publication is displayed in a manner specified by the Classification Office: .
2: A condition imposed pursuant to section 27(4)(a) subsection (3)(a) section 27(4)(a) subsection (1)
3: However, a condition to which subsection (2)
a: if the Classification Office specified a manner under the former provision, in that manner; and
b: in every other case, in any manner the person who publicly displays the publication concerned thinks fit.
13: New
section 36A The principal Act is amended by inserting, after section 36
36A: Issue of labels in respect of other publications that are classified as restricted publications
1: This subsection applies to a publication (other than a film) if the Classification Office has—
a: examined the publication and classified it as a restricted publication; and
b: imposed pursuant to section 27(4)(a)
2: If subsection (1)
3: Where, under subsection (2) section 55(1)(da)
a: any label previously issued in respect of the publication by the labelling body; and
b: any previous direction by the Classification Office to the labelling body to issue a label in respect of the publication.
14: Decisions of Classification Office
Section 38(2) paragraph (d)
d: in the case of a film, the terms of any direction given to the labelling body under section 36
e: in the case of a publication (other than a film) that is the subject of a condition imposed pursuant to section 27(4)(a) section 36A(2)
15: Decisions to be conclusive evidence
Section 41(2) recorded in any list produced in accordance with section 40 of this Act , in accordance with section 40(3) section 40(1)
16: Reconsideration of publications
Section 42(1) (2) recorded in any list produced in accordance with section 40 of this Act , in accordance with section 40(3) section 40(1)
17: Right of review
1: Section 47 subsection (3)
3: Every application for the leave of the Secretary under subsection (2)(e)
a: be made in the prescribed manner; and
b: be lodged with the Secretary before the deadline specified in subsection (3A)
3A: The deadline referred to in subsection (3)(b) section 40(3) section 40(1)
2: The amendment in this section applies only in respect of a decision of the Classification Office made on or after the commencement of this section.
18: Applications for review
1: Section 48(1) paragraph (b)
b: be lodged with the Secretary before the relevant deadline specified in section 48A .
2: Section 48 subsection (2)
2: On receiving under this section an application for review the Secretary must, if satisfied that it complies with subsection (1)
3: The amendments in this section and section 19
19: New
section 48A
1: The principal Act is amended by inserting, after section 48
48A: Deadline for lodging applications for review
The deadline referred to in section 48(1)(b)
a: if the person concerned requires the leave of the Secretary under section 47(2)(e)
i: the 5th working day after the day on which that leave is granted by the Secretary; or
ii: the 30th working day after the day on which the relevant decision of the Classification Office is, in accordance with section 40(3) section 40(1)
b: in every other case, the end of ordinary office hours on the 30th working day after the day on which the relevant decision of the Classification Office is, in accordance with section 40(3) section 40(1)
2: Section 31 paragraphs (c) (d)
c: if no application for a review of that decision is lodged pursuant to section 47 section 48A
d: if an application for a review of that kind is lodged before that deadline, the Board has made a determination in relation to that review.
20: Decision of Board
Section 55(1) paragraph (d)
da: where the review is in respect of a publication (other than a film) and the Board imposes a condition pursuant to section 27(4)(a) section 36A(2) .
21: Functions of labelling body
Section 71 paragraph (b)
ba: to issue, on an application under section 9(1) section 36
i: an item on which has been classified under this Act as a restricted publication; and
ii: all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating:
bb: to issue, at the direction of the Classification Office under section 36 or section 36A(2)
i: a film to which section 36(1) or (2)
ii: a publication (other than a film) that is the subject of a condition imposed pursuant to section 27(4)(a) .
22: Continuation in office after term expires
Section 95(b) reappointed appointed
23: New
sections 109 to 109C
1: The principal Act is amended by repealing section 109
109: Search warrants for offences against specified sections (other than
sections 126 and 131A A District Court Judge, Justice, or Community Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisfied that there are reasonable grounds for believing that there is in or on any place or thing—
a: any objectionable publication that there are reasonable grounds to believe is being kept for the purpose of being so dealt with as to constitute an offence against section 123 or section 124 or section 127 or section 129
b: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence of that kind; or
c: any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence of that kind.
109A: Search warrants from District Court Judges for offences against
sections 126 and 131A
1: A District Court Judge may, on an application in writing made on oath, issue a search warrant if satisfied—
a: that there are reasonable grounds for believing that there is in or on any place or thing—
i: a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126
ii: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126
iii: an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A
iv: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A
b: that in all the circumstances it is reasonable to do so.
2: In considering whether to issue a warrant under this section, the District Court Judge must have regard to—
a: the nature and seriousness of the alleged offending to which the application relates; and
b: any information provided by the applicant about the importance, to the investigation of the offence, of the issue of a warrant; and
c: any other matter the Judge considers relevant.
109B: Search warrants from Registrars, etc, for offences against
section 126 or section 131A A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath, issue a search warrant if satisfied—
a: that, in the particular case,—
i: that all reasonable efforts have been made to obtain a warrant under section 109A
ii: that no District Court Judge is available to deal with an application under section 109A
iii: that delaying a search until a warrant under section 109A
b: that there are reasonable grounds for believing that there is in or on any place or thing—
i: a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126
ii: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126
iii: an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A
iv: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A
109C: Who may apply for search warrants
An application under section 109 or section 109A or section 109B
2: Section 2 of this Act or section 109A or section 109B
3: Section 111(2) paragraph (d)
d: to search for and seize anything referred to—
i: in section 109(a) to (c) section 109
ii: in section 109A(1)(a)(i) or (ii) section 109A section 126
iii: in section 109A(1)(a)(iii) or (iv) section 109A section 131A
iv: in section 109B(b)(i) or (ii) section 109B section 126
v: in section 109B(b)(iii) or (iv) section 109B section 131A
4: Section 118(5) of this Act or section 109A or section 109B
5: Section 198 Summary Proceedings Act 1957 subsection (1)
1A: Despite subsection (1) Films, Videos, and Publications Classification Act 1993
24: New
section 118A The principal Act is amended by inserting, after section 118
118A: Application of
Customs and Excise Act 1996
1: Sections 137, 139, 140, 143, 144, 148, 149B, 152, and 165 to 167 of the Customs and Excise Act 1996 section 209 of the Customs and Excise Act 1996
2: Section 161 of the Customs and Excise Act 1996 section 162 of that Act
3: A Customs officer may arrest a person without warrant in accordance with section 174(1) of the Customs and Excise Act 1996 section 209 of that Act section 124(1) of this Act
a: the importation into New Zealand of an objectionable publication for the purposes of supply or distribution; or
b: the supply or distribution, by way of exportation from New Zealand, of an objectionable publication.
4: Section 174(3) and (4) of the Customs and Excise Act 1996 subsection (3)
5: Nothing in this section limits the application of any provisions of the Customs and Excise Act 1996
25: New
sections 122 122A The principal Act is amended by repealing section 122
122: Meaning of distribute in
sections 123 to 132
1: In sections 123 to 132 distribute
a: to deliver, give, or offer the publication; or
b: to provide access to the publication (for example, to provide access by means of a public data network to digital content that is or includes the publication).
2: However, a person does not distribute a publication unless the person—
a: intends, or knows of, the act of distribution; and
b: knows what, in general terms, the publication is or contains.
3: To avoid doubt, to distribute, in relation to a publication, does not include to facilitate access to the publication by providing only some or all of the means necessary for—
a: delivery of the publication in physical form; or
b: transmission (other than by broadcasting) of the contents of the publication.
4: Examples of a person facilitating access to a publication in the ways referred to in subsection (3)
a: a postal operator or courier providing only some or all of the means necessary for delivering the publication in physical form; and
b: a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted.
122A: Definitions for
section 122 In section 122 courier digital content
a: means information that is kept on a data storage device and accessed, or available for access, through a public data network; but
b: does not include email, or information that is transmitted in the form of a broadcasting service network operator section 3(1) of the Telecommunications (Interception Capability) Act 2004 postal operator section 2(1) of the Postal Services Act 1998 public data network section 5 of the Telecommunications Act 2001 service provider
a: means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but
b: does not include a network operator.
26: Offences of strict liability relating to objectionable publications
1: Section 123(1) paragraphs (c) to (f)
c: imports into New Zealand an objectionable publication for the purposes of supply or distribution to any other person; or
d: supplies or distributes (including in either case by way of exportation from New Zealand) an objectionable publication to any other person; or
e: has in that person's possession, for the purposes of supply or distribution to any other person, an objectionable publication; or
f: in expectation of payment or otherwise for gain, or by way of advertisement, displays or exhibits an objectionable publication to any other person.
2: Section 123 subsection (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
3: Section 123(4) paragraphs (a) (b)
a: supplied (within the meaning of that term in section 2 paragraphs (b) to (e) of subsection (1)
b: distributed (within the meaning of that term in section 122 paragraphs (b) to (e) of subsection (1)
c: imported into New Zealand for the purposes of paragraph (c) of subsection (1) .
27: Offences involving knowledge in relation to objectionable publications
Section 124 subsection (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 10 years:
b: in the case of a body corporate, to a fine not exceeding $200,000.
28: New
section 124A The principal Act is amended by inserting, after section 124
124A: Where distribution, importation, etc, not an offence
1: Nothing in section 123 or section 124 paragraphs (a) to (l) of section 131(4)
a: import a publication into New Zealand (whether with the involvement of an overseas official or not):
b: export a publication from New Zealand to an overseas official:
c: distribute a publication to a person referred to in any of paragraphs (a) to (l) of section 131(4)
d: make a copy of a publication for the purposes of distribution of the kind specified in paragraph (c)
e: be in possession of a publication for the purposes of distribution of the kind specified in paragraph (c)
2: In subsection (1) overseas official section 131(4)
3: This subsection applies to a charge under section 123 or section 124
a: distributed a publication; or
b: made a copy of a publication for the purposes of distribution to any other person; or
c: possessed a publication for the purposes of distribution to any other person.
4: It is a defence to a charge to which subsection (3) paragraphs (a) to (f) of section 131(5)
29: Exhibition to persons under 18
1: Section 127 subsection (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
2: Section 127 subsection (5)
5: Every person who commits an offence against subsection (4)
a: in the case of an individual, to imprisonment for a term not exceeding 10 years:
b: in the case of a body corporate, to a fine not exceeding $200,000.
30: Offences in public place
1: Section 129 subsection (2)
2A: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
2: Section 129 subsection (4)
4: Every person who commits an offence against subsection (3)
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
31: New
section 131A
1: The principal Act is amended by inserting, after section 131
131A: Offences relating to possession of objectionable publications and involving knowledge
1: Every person commits an offence who does any act that constitutes an offence against section 131(1)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
2: Section 144(1) section 131 or section 131A
32: New
section 132A The principal Act is amended by inserting, after section 132
132A: Aggravating factor to be taken into account in sentencing, etc, for certain publications offences
1: This section applies to an offence (the offence) if it is committed after the commencement of this section and it is an offence against—
a: section 124(1)
b: section 127(4)
c: section 129(3)
d: section 131A(1)
e: section 209(1A) of the Customs and Excise Act 1996
2: In sentencing or otherwise dealing with an offender for the offence, the court must take into account as an aggravating factor the extent to which any publication that was the subject of the offence is objectionable because it does any or all of the following:
a: promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes:
b: describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:
c: exploits the nudity of children, or young persons, or both.
3: In deciding for the purposes of subsection (2) subsection (2)(a) to (c)
a: if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38 section 55
b: if the publication has been referred to the Classification Office under section 29(1) or section 41(3) section 30
4: Nothing in this section affects the application of the Sentencing Act 2002
33: New
section 141A
1: The principal Act is amended by inserting, after section 141
141A: Offences punishable on conviction on indictment
Every offence against any of the following sections of this Act is punishable on conviction on indictment:
a: section 124(1)
b: section 127(4)
c: section 131A(1)
2: Section 142 shall be and that is not an offence against a section specified in section 141A(a) to (c)
34: New
sections 145A to 145C
1: The principal Act is amended by inserting, after section 145
145A: Extraterritorial jurisdiction for certain offences as required by Optional Protocol
1: In this section and sections 145B and 145C child pornography
a: a representation, by any means, of a person who is or appears to be under 18 years of age engaged in real or simulated explicit sexual activities; or
b: a representation of the sexual parts of a person of that kind for primarily sexual purposes Optional Protocol relevant offence
a: section 124(1)
b: section 127(4)
c: section 129(3)
d: section 131A(1)
e: section 209(1A) of the Customs and Excise Act 1996
2: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for a relevant offence that involves child pornography if the person to be charged—
a: has been found in New Zealand; and
b: has not been extradited on the grounds that he or she is a New Zealand citizen.
3: This section does not affect the application of any section referred to in paragraphs (a) to (e) subsection (1)
a: acts that occurred wholly within New Zealand; or
b: an offence that, under section 7 of the Crimes Act 1961
c: acts to which section 8 of that Act
d: acts that, under section 8A of that Act
145B: Attorney-General's consent required where jurisdiction claimed under
section 145A
1: Proceedings for a relevant offence cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 145A
2: A person over whom jurisdiction is claimed by virtue of section 145A
145C: Offences deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 or section 104 of that Act
a: concluded before the commencement of section 34 of the Films, Videos, and Publications Classification Amendment Act 2005
b: for the time being in force between New Zealand and any foreign country that is a party to the Optional Protocol.
2: A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) Extradition Act 1999 subsection (1)(a)
3: However, subsection (2)
4: A certificate given and signed by the Minister of Foreign Affairs and Trade that a foreign country is a party to the Optional Protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section, child pornography Optional Protocol relevant offence section 145A(1) foreign country
a: for whose international relations the Government of a foreign country is responsible; and
b: to which the extradition treaty and the Optional protocol extend.
2: Section 101A(2) Extradition Act 1999
i: section 145C of the Films, Videos, and Publications Classification Act 1993
35: Regulations
Section 149 paragraph (h)
ha: prescribing, as contemplated by sections 12(1A) and 71(ba) section 9(1) section 36
i: an item on which has been classified under this Act as a restricted publication; and
ii: all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating: .
36: Decisions under
Indecent Publications Act 1963 Section 152(4) recorded in any list produced in accordance with section 40 of this Act in accordance with section 40(3) section 40(1)
37: Classification decisions under
Video Recordings Act 1987 Section 161(5) recorded in any list produced in accordance with section 40 of this Act in accordance with section 40(3) section 40(1)
38: Classification decisions under
Films Act 1983 Section 168(5) recorded in any list produced in accordance with section 40 of this Act in accordance with section 40(3) section 40(1)
2: Amendments to other Acts
Amendments to Customs and Excise Act 1996
39: Interpretation
Section 2(1) Customs and Excise Act 1996 electronic publication exportation
a: except where otherwise expressly provided, means any shipment in any craft for transportation to a point outside New Zealand; and
b: in relation to an electronic publication referred to in section 56(1)(a) prohibited exports section 56 prohibited imports section 54
40: Prohibited imports
Section 54(1) Customs and Excise Act 1996 paragraph (aa)
aa: all publications as defined in section 2 of the Films, Videos, and Publications Classification Act 1993 .
41: Prohibited exports
Section 56 Customs and Excise Act 1996 subsection (1)
1: It is unlawful to export from New Zealand—
a: all publications as defined in section 2 of the Films, Videos, and Publications Classification Act 1993
b: goods the exportation of which is prohibited by an order under subsection (2)
1A: Electronic publications the exportation of which is prohibited by subsection (1)(a) section 12 of the Goods and Services Tax Act 1985 section 1(3) of that Act
42: Offences in relation to importation or exportation of prohibited goods
1: Section 209(1)(a) (d) (e) Customs and Excise Act 1996 under section 54 of this Act by or under section 54
2: Section 209(1)(b) Customs and Excise Act 1996 an Order in Council made under section 56(2) of this Act or under section 56
3: Section 209 Customs and Excise Act 1996 subsection (1)
1A: Every person commits an offence who does any act referred to in paragraph (c) or paragraph (e) of subsection (1)
1B: In this section, objectionable publication section 2 of the Films, Videos, and Publications Classification Act 1993
a: the importation of which is prohibited by or under section 54
b: the exportation of which is prohibited by or under section 56
4: Section 209(1)(c) (e) Customs and Excise Act 1996 goods (other than objectionable publications)
5: Section 209 Customs and Excise Act 1996
5: Every person who commits an offence against subsection (1A)
a: in the case of an individual, to imprisonment for a term not exceeding 5 years; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
6: Section 132A of the Films, Videos, and Publications Classification Act 1993 subsection (1A) of this section section 145A(1) of that Act
43: Publications imported in course of official duties
1: The heading to section 209A Customs and Excise Act 1996 imported or exported
2: Section 209A Customs and Excise Act 1996 subsection (1)
1: Nothing in section 209
a: import a publication (whether with the involvement of an overseas official or not):
b: export a publication (for example, an electronic publication) to an overseas official.
44: Schedule 1 Schedule 1 Customs and Excise Act 1996 Amendment to Mutual Assistance in Criminal Matters Act 1992
45: Schedule amended to refer to Optional Protocol
The Schedule Mutual Assistance in Criminal Matters Act 1992 29 The Optional Protocol to the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by the General Assembly of the United Nations at New York on 25 May 2000 An offence— (a) against any of the following sections of the Films, Videos, and Publications Classification Act 1993: section subject matter 124(1) knowingly making or supplying objectionable publications, etc 127(4) knowing exhibition to persons under 18 129(3) knowing distribution of objectionable publication in public place 131A(1) knowingly having possession of objectionable publication; and (b) that involves child pornography (as defined in section 145A(1) of that Act) An offence— (a) against the following section of the Customs and Excise Act 1996: section subject matter 209(1A) knowing importation or exportation of objectionable publications; and (b) that involves child pornography (as defined section 145A(1) of the Films, Videos, and Publications Classification Act 1993) Amendments to Summary Proceedings Act 1957
46: Part 2
1: Part 2 Summary Proceedings Act 1957 Customs and Excise Act 1996 209(1A) Offences relating to importation or exportation of objectionable publications.
2: Part 2 Summary Proceedings Act 1957 The Films, Videos, and Publications Classification Act 1993 124(1) Offences involving knowledge in relation to objectionable publications 127(4) Offence of exhibiting or displaying objectionable publication to person under age of 18 years knowing or having reasonable cause to believe that publication is objectionable 131A(1) Offences relating to possession of objectionable publications and involving knowledge.