Victorian Consolidated Legislation

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Summary Offences Act 1966 - SECT 39

Advertising regulations

39. Advertising regulations



(1) The Governor in Council may make regulations for or with respect to-

   (a)  the size, form and content of advertisements for live
        sexually-explicit entertainment;

   (b)  prohibiting the advertising-

   (i)  in a specified publication or specified class of publication; or

   (ii) in a specified manner- of advertisements for live sexually-explicit
        entertainment;

   (c)  generally regulating the publication of advertisements for live
        sexually-explicit entertainment.

(2) A power conferred by subsection (1) to make regulations may be exercised-

   (a)  either in relation to all cases to which the power extends, or in
        relation to all those cases subject to specified exceptions, or in
        relation to any specified case or class of case; and





   (b)  so as to make, as respects the cases in relation to which the power is
        exercised-

   (i)  the same provision for all cases in relation to which the power is
        exercised, or different provisions for different cases or classes of
        case, or different provisions for the same case or class of case for
        different purposes; or

   (ii) any such provision either unconditionally or subject to any specified
        condition.

(3) Regulations made under subsection (1) may be made-

   (a)  so as to apply-

   (i)  at all times or at a specified time; or

   (ii) throughout the whole of the State or in a specified part of the State;
        or

   (iii) as specified in both subparagraphs (i) and (ii); and

   (b)  so as to require a matter affected by the regulations to be-

   (i)  in accordance with a specified standard or specified requirement; or

   (ii) approved by or to the satisfaction of a specified person or a
        specified class of person; or

   (iii) as specified in both subparagraphs (i) and (ii); and

   (c)  so as to apply, adopt or incorporate any matter contained in any
        document whatsoever whether-

   (i)  wholly or partially or as amended by the regulations; or

   (ii) as in force at the time the regulations are made or at any time before
        then; and

   (d)  so as to confer a discretionary authority or impose a duty on a
        specified person or a specified class of person; and

   (e)  so as to provide in a specified case or class of case for the
        exemption of persons or things or a class of persons or things from
        any of the provisions of the regulations, whether unconditionally or
        on specified conditions and either wholly or to such an extent as is
        specified; and

   (f)  so as to impose a penalty not exceeding 20 penalty units for a
        contravention of the regulations.

Division 4A-Observation or visual capturing of genital or anal region



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