Classification of Publications Act 1991

This Act may be cited as the Classification of Publications Act 1991.

This Act commences on a day to be fixed by proclamation.

This Act does not apply in relation to a relevant showing of a publication to the extent the publication is subject to a conditional cultural exemption in relation to the relevant showing.

The dictionary in schedule 1 defines particular words used in this Act.

For the purposes of this Act, the chief executive may appoint any of the following persons to be an inspector—

a public service officer;

a police officer.

Note—A proposed appointment of a police officer must have the approval of the commissioner of the police service under the Police Powers and Responsibilities Act 2000, section 13.

The chief executive may appoint a person mentioned in subsection (1)(a) to be an inspector only if the chief executive believes the person has the necessary expertise or experience to be an inspector.

The chief executive may issue an identity card to an inspector who is not a police officer.

The identity card must—

contain a recent photograph of the inspector; and

be in a form approved by the chief executive.

A person who ceases to be an inspector must, as soon as practicable, return his or her identity card to the chief executive.Maximum penalty for subsection (5)—5 penalty units.

This section applies if—

the director reasonably believes a publication is a submittable publication; and

the publication is being published in Queensland, or the director reasonably believes the publication will be published in Queensland; and

if the publication is being published in Queensland—the publication is not subject to a conditional cultural exemption in relation to the publication.

The director may, by written notice given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the board.

The notice has effect only if it is published in the Commonwealth gazette.

A person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it.Maximum penalty—20 penalty units.

The director may, by written notice given to the publisher of a publication that—

the director reasonably believes is a submittable publication; and

is being published in Queensland, or the director reasonably believes will be published in Queensland;

require the publisher to submit to the board for approval a copy of each advertisement used or intended to be used in connection with the publication.

A person to whom a notice under this section is given must comply with the notice within 3 business days after receiving it.Maximum penalty—20 penalty units.

In relation to a publication the director reasonably believes is a submittable publication that will be published in Queensland, it is a defence to a prosecution for an offence under section 9A or 9B for the defendant to prove that the defendant did not intend to publish, or authorise or cause someone else to publish, the publication in Queensland.

A person must not advertise, sell or distribute, or attempt to advertise, sell or distribute, a prohibited publication. Maximum penalty—

in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or

in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or

in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.

A person must not have possession of a prohibited publication for the purpose of publishing it. Maximum penalty—

in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or

in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or

in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.

A person must not knowingly have possession of a child abuse publication. Maximum penalty—300 penalty units or imprisonment for 1 year.

A person must not exhibit or display, or attempt to exhibit or display, a prohibited publication—

in a public place; or

in such a way that it is visible to persons in or on a public place.

Maximum penalty—

in the case of a restricted publication—50 penalty units or imprisonment for 3 months; or

in the case of an RC publication (other than a child abuse publication)—300 penalty units or imprisonment for 1 year; or

in the case of a child abuse publication—600 penalty units or imprisonment for 2 years.