SUMMARY OFFENCES ACT 1953 - SECT 37

SUMMARY OFFENCES ACT 1953 - SECT 37

37—Possession, production or distribution of extremist material

        (1)         A person who, without reasonable excuse—

            (a)         has possession of extremist material; or

            (b)         takes any step in the production or distribution of extremist material,

is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         Without limiting the circumstances in which a defendant may be found to have a reasonable excuse for the purposes of subsection (1), the defendant will have a reasonable excuse if the defendant establishes that—

            (a)         the conduct constituting the offence was for a legitimate public purpose; or

            (b)         in the case of an offence against subsection (1)(a)—the material to which the charge relates came into the defendant's possession unsolicited and that the defendant took reasonable steps to get rid of it as soon as the defendant became aware of the material and its nature.

        (3)         For the purposes of this section, conduct will only be taken to be for a "legitimate public purpose" if the conduct was in the public interest having regard to the following:

            (a)         whether the conduct was for the purpose of educating or informing the public;

            (b)         whether the conduct was for the purpose of a work of artistic merit;

            (c)         whether the conduct was for a purpose connected to law enforcement or public safety;

            (d)         whether the conduct was for a medical, legal or scientific purpose;

            (e)         any other factor the court determining the charge considers relevant.

        (4)         If, in any proceedings for an offence against this section, the defendant establishes that the conduct allegedly constituting the offence was engaged in by or on behalf of a media organisation, the conduct will, for the purposes of this section, be taken to have been engaged in for a legitimate public purpose unless the court determining the charge finds that, having regard to the matters set out in subsection (3), the conduct was not for a legitimate public purpose.

        (5)         Law enforcement personnel and legal practitioners, or their agents, acting in the course of law enforcement or legal proceedings do not commit an offence against this section.