29. Offences involving dealings in obscene films
Feedback & supportLast amended by an amending law of 2018.
Any person who makes or reproduces any obscene film (whether or not for the purposes of exhibition or distribution to any other person), knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —
obscene
“obscene”, in relation to a film, means a film the effect of which or (where the film comprises 2 or more distinct parts or items) the effect of any one of its parts or items is, if taken as a whole, such as to tend to deprave or corrupt persons who are likely, having regard to all relevant circumstances, to see or hear the film;
to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 2 years or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.
Any person who imports any obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —
film
“film” means —(a)a cinematograph film or video recording;(b)a video game; or(c)any other form of recording from which a moving visual image (except as provided otherwise in subsection (5)) including a computer generated image, can be produced and viewed (together with its soundtrack),and includes any trailer for a film and any part of a film;
to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.
Any person who distributes, or has in his or her possession for the purposes of distributing, to any other person an obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $80,000 or to imprisonment for a term not exceeding 2 years or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.
Any person who exhibits or has in his or her possession for the purposes of exhibiting to any other person an obscene film knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 2 years; and
in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.