Section 33

Any person who publishes, sells, offers for sale or distributes or abets the sale, offer for sale or distribution of any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

A person must not be convicted of any offence under subsection (1) if the person proves that the newspaper in respect of which the person is charged was published, sold, offered for sale or distributed (as the case may be) without the person’s authority, consent and knowledge and without any want of due care on the person’s part.

Any person who, without lawful excuse, has in the person’s possession, custody or control for the purpose of publication, sale or distribution any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to the penalty prescribed by section 35.

It is presumed until the contrary is proved that any person found in possession, custody or control of any such newspaper had it for the purpose of the publication, sale or distribution thereof.

Where any person is convicted of any offence under this section, any newspaper to which the proceedings relate must be forfeited and must be destroyed or otherwise disposed of as the court directs.