Queensland Consolidated Acts

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CLASSIFICATION OF PUBLICATIONS ACT 1991 - SECT 11B

11B Protection of children and families by order prohibiting display of unrestricted publication unless certain parts of its cover are concealed

(1) The officer may, by gazette notice, make an order (a display order) prohibiting the display of a specified unrestricted publication for sale at any public place to which children have access unless--

(a) the rack or other thing that may be holding the publication is at least 1.5m above the floor or ground, as the case may be; or
(b) the pictures, drawings and other images on the publication's cover are concealed by the rack or other thing that may be holding the publication; or
(c) the pictures, drawings and other images on the publication's cover are concealed by a cover; or
(d) the pictures, drawings and other images on the publication's cover can not be seen without being handled.

(2) A display order may only be made if the officer is satisfied the order is necessary to protect children or families.

(3) In deciding whether to make a display order, the officer must assume that, generally, it is not in the best interests of children and families to display a publication's cover to children without proper adult supervision if the cover contains--

(a) a gratuitous depiction of inappropriate matter; or
(b) inappropriate matter on which there is an undue emphasis or undue focus.

(4) Also, in deciding whether to make a display order, the officer must take into account any submission received under subsection (5).

(5) If the officer proposes to make a display order, the officer must, if practicable, notify the publication's publisher--

(a) that the officer proposes to make a display order; and
(b) which issue of the publication it is proposed to specify in the order; and
(c) that the publisher may make a submission about the proposal in writing, but not by mail; and
(d) a number to which a submission may be faxed; and
(e) an address at which a submission may be lodged; and
(f) the closing time for receiving a submission.

(6) A display order may be made on the complaint of a person or on the officer's own initiative.

(7) A display order is not subordinate legislation.



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