New South Wales Consolidated Acts
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CRIMES ACT 1900 - SECT 578C
Publishing indecent articles
(1) In this section:
"article" includes any thing:
(a) that contains or embodies matter to be read
or looked at, or
(b) that is to be looked at, or
(c) that is a record, or
(d) that can be used, either alone or as one of a set, for the production or
manufacture of any thing referred to in paragraphs (a), (b) or (c), but it
does not include:
(e) any film that is classified (other than as RC or X 18+)
under the Commonwealth Act, or
(f) any publication that is classified
Unrestricted, Category 1 restricted or Category 2 restricted under the
Commonwealth Act, or
(g) any computer game that is classified (other than as
RC) under the Commonwealth Act, or
(h) any film, publication or computer game
that is the subject of an exemption under Division 3 of Part 6 of the
Classification (Publications, Films and Computer Games) Enforcement Act 1995 .
"Commonwealth Act" means the Classification (Publications,
Films and Computer Games) Act 1995 of the Commonwealth.
"computer game" ,
"publication" each have the same meanings, respectively, as in the
(a) distribute, disseminate, circulate, deliver, exhibit,
lend for gain, exchange, barter, sell, offer for sale, let on hire or offer to
let on hire, or
(b) have in possession or custody, or under control, for the
purpose of doing an act referred to in paragraph (a), or
photograph or make in any other manner (whether of the same or of a different
kind or nature) for the purpose of doing such an act.
"record" means a gramophone record or a wire or tape, or a film, and any other
thing of the same or of a different kind or nature, on which is recorded a
sound or picture and from which, with the aid of a suitable apparatus, the
sound or picture can be produced (whether or not it is in a distorted or
(2) A person who publishes an indecent article is guilty of an
Maximum penalty: in the case of an individual-100 penalty units or
imprisonment for 12 months (or both), and in the case of a corporation-200
(3) Nothing in this section makes it an offence for:
person to publish an indecent article for the purposes of an application for
classification under the Commonwealth Act,
(b) for any member or officer of a
law enforcement agency (within the meaning of the Criminal Records Act 1991 )
to publish an indecent article in the exercise or performance of a power,
function or duty conferred or imposed on the member or officer by or under any
Act or law.
(3A) A person cannot be convicted of an offence against this
section and section 91H in respect of the same matter.
(4) For the purposes
of this section, an article may be indecent even though part of it is not
(5) Proceedings for an offence under subsection (2) are to be dealt
with summarily before the Local Court.
(6) In any proceedings for an offence
under this section in which indecency is in issue, the opinion of an expert as
to whether or not an article has any merit in the field of literature, art,
medicine or science (and if so, the nature and extent of that merit) is
admissible as evidence.
(7) If a corporation contravenes, whether by act or
omission, another provision of this section, each person who is a director of
the corporation or who is concerned in the management of the corporation is
taken to have contravened the provision if the person knowingly authorised or
permitted the contravention.
(8) A person may be proceeded against and
convicted under a provision pursuant to subsection (7) whether or not the
corporation has been proceeded against or been convicted under that provision.
(9) Nothing in subsection (7) or (8) affects any liability imposed on a
corporation for an offence committed by the corporation under a provision of
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