Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 55

55 Obscene material not to be sent

(1) A person, for the purpose of encouraging any order for goods or the dispatch of money shall not send, or cause to be sent, directly or indirectly to any person any obscene material or material in any form which advertises the existence or availability of any obscene material where that other person has not requested that such goods or goods of a kind similar to the goods be so sent to the other person.

Maximum penalty--100 penalty units.

(2) A recording shall be taken to be obscene if the words or sounds capable of being reproduced from it are obscene.

(3) A document that is composed of words, photographs or drawings, or any 2 of them, shall be taken to be a writing.

(4) For the purposes of this section--

money includes bank notes, bank drafts, cheques, and any other orders, warrants, authorities, or requests, for the payment of money.

obscene includes, but without limiting the generality of its meaning, emphasising matters of sex or calculated to encourage depravity.

obscene material includes--

(a) any obscene book, paper, newspaper, or printed matter of any kind whatsoever, and any obscene writing, print, picture, photograph, photographic negative, photographic plate, photographic slide or film, transparency, lithograph, drawing or any form of recording; and
(b) any figure, representation, object or substance (liquid or solid) suggested for use in or in association with any form of sexual conduct.


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