Queensland - Age of Consent

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THE EMAIL WE RECEIVED:  (We have highlighted parts)

Dear sir/madam,
I was shocked to go back to your site tonight and find that you have again displayed incorrect information regarding the age of consent in our state of Queensland, Australia.

Last year I emailed you with a copy of the letter (http://www.geocities.com/queerradio/AttorneyGeneral.jpg) I had received from the Queensland Attorney General Matt Foley in which he states that the age of consent is sixteen for men and women but that no man or woman may engage in anal intercourse.

The Attorney General further states (http://www.geocities.com/queerradio/AG050900.jpg) that it is only the sexual act involving a penis entering an anus which is not legal involving those aged between 16 and 18 years.

You must make the distinction between the erroneous belief that there is a total ban on all male to male sexual activity involving  those aged between 16 and 18, and the true fact that other common  sexual activities such as masturbation and oral sex are totally legal for consent at that age.

You had for some time displayed correct details and yet for some reason in March 2001 you have changed back to your previous wrong position and you refer to a file stored at http://www.ageofconsent.com/queensland.htm   which does not even contain any detail to support your move.  Close examination of that document shows that it merely states,  longwindedly, exactly what the Attorney General had already stated  in his letters. You have misinterpreted it.

It is crucial that correct details be clearly stated on your site. I request that you urgently look into this and contact me regarding amendment.  In the meantime I will remove the link I had placed on my site suggesting that  you hold accurate data.

Misinformation on this issue feeds on itself and is incredibly frustrating. Yours sincerely,

 

Dear sir/madam,

On 16th May I sent you a message regarding the wrong information that you are currently displaying for my state of Queensland, Australia. You state that the age of consent for any sex betwen men is 18, which is not true.

Since my 16th May email I have received written confirmation dated 21 May 2001 from our new State Attorney-General confirming the statement made in 2000 by his predecessor, that the age of consent for ALL men and women is 16 for all sex except anal intercourse and that the age of consent for anal intercourse for EVERYONE is 18. Below and attached is a copy of that letter. A transcript is stored at

Surely this statement by the Attorney General himself has more relevance than the document you currently refer to on your site, which has been clearly and obviously misinterpreted by someone who is not in a position of authority on the matter.

Attorney General Letter:

 

 

 

 

 

 

FROM THE EDITORS:

We thank the above individual for providing both documentation and information on the subject.  However, we don't agree with his statements that we do not provide "accurate data". 

We strive to maintain a legal repository which identifies the LEGAL AGE at which a person may consent to SEXUAL INTERCOURSE.  We have defined that in this site over and over.  Our age chart does not reflect the age at which a person may consent to a kiss, to oral sex or to mutual masturbation.

Our age chart in the male-to-male column reflects the age at which a person may consent to SEXUAL INTERCOURSE -- as this is two males, it is automatically assumed to be ANAL INTERCOURSE.  By the above author's own statements, a person under 18 may NOT consent to anal intercourse.  Therefore, using the definition we use for this entire site, the age of sexual consent for male-to-male sex is 18.  We do not report the age at which two male may perform other sexual acts upon each other.  We leave that to the clarification of the law contained on the various state/country pages.

We stand by our information.

 

 

 

 

 

Source:  http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

Australia - Australie - Australia Canberra

II. The Legislation of the Australian State of Queensland
‘Carnal knowledge of girls under sixteen (16)’, Section 215 of the Criminal Code
" (1) Any person who has or attempts to have unlawful carnal knowledge of a girl under the age of sixteen (16) years is guilty of an indictable offence.
(2) If the girl is of or above the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.
(3) If the girl is under the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.
(4) If the girl is not the lineal descendant of the offender but the offender is her guardian or, for the time being, has her under the offender's care, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.
(5) If the offence is alleged to have been committed in respect of a girl of or above the age of twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen (16) years.
(6) In this section " carnal knowledge " does not include sodomy. "

‘Unlawful Sodomy’, Section 208 of the Criminal Code
" (1) Any person who-
(a) sodomises a person under eighteen (18) years; or
(b) permits a male person under eighteen (18) years to sodomise him or her; or
(c) sodomises an intellectually impaired person; or
(d) permits an intellectually impaired person to sodomise him or her;
-commits a crime.
Maximum penalty : 14 years imprisonment.

(2) The offender is liable to imprisonment for life if the offence is committed in respect of:
(a) a child under twelve (12) years; or
(b) a child, or an intellectually impaired person, who is to the knowledge of the offender-
(i) his or her lineal descendant; or
(ii) under his or her guardianship or care.
(3) For an offence defined in subsection (1) (a) or (b) alleged to have been committed in respect of a child who is twelve (12)years or more, it is a defence to prove that the accused person believed, on reasonable grounds, that the person in respect of whom the offence was committed was eighteen (18) years or more.
(4) It is a defence to a charge of an offence defined in subsection (1) (c) or (d) to prove-
(a) that the accused person believed on reasonable grounds that the person was not an intellectually impaired person; or
(b) that the act that was the offence did not, in the circumstances, constitute sexual exploitation of the intellectually impaired person. "

‘Attempted sodomy’, Section 209 of the Criminal Code
" (1) Any person who attempts to commit a crime defined in section 208 is guilty of a crime and is
liable to imprisonment for 7 years.
(2) The offender is liable to imprisonment for 14 years if the offence is committed in respect of
(a) a child under twelve (12) years; or
(b) a child, or an intellectually impaired person, who is to the knowledge of the offender :
(i) his or her lineal descendant; or
(ii) under his or her guardianship or care.
(3) It is a defence to a charge of attempting to commit an offence defined in section 208(1) (a) or (b) in respect of a child who is twelve (12) years or more to prove that the accused person believed, on reasonable grounds, that the child was of or above eighteen (18) years.
(4) It is a defence to a charge of attempting to commit an offence defined in section 208(1) (c) or (d) to prove
(a) that the accused person believed on reasonable grounds that the person in respect of whom the offence was committed was not an intellectually impaired person; or
(b) that the act that was the offence did not, in the circumstances, constitute sexual exploitation of the intellectually impaired person. "

‘Taking a child for immoral purposes’, Section 219 of the Criminal Code
" (1) Any person who takes or entices away, or detains a child who is under the prescribed age and is not the spouse of that person for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a "proscribed act") defined to constitute an offence in section 208, 210 or 215 is guilty of a crime.
(2) If the child is of or above the age of twelve (12) years, the offender is liable to imprisonment for 10 years.
(3) If the child is under the age of twelve (12) years, the offender is liable to imprisonment
(a) for life, where the proscribed act is one defined to constitute an offence in section 208 or 215;
(b) for 14 years in any other case.
(4) If the proscribed act is one defined to constitute an offence defined in section 208 and the child is of or above twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above eighteen (18) years.
(5) If the proscribed act is one defined to constitute an offence defined in section 210 or 215 and the child is of or above twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above sixteen (16) years.
(6) In this section (1) "prescribed age" means
(a) for an offence defined in section 208, eighteen (18) years;
(b) for an offence defined in section 210 or 215, sixteen (16) years. "

‘Incest’, Section 222 of the Criminal Code
" (1) Any person who-
(a) has carnal knowledge with or of the person's offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and
(b) knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;
-commits a crime. Maximum penalty-imprisonment for life.
(2) Any person who attempts to commit the crime of incest is liable to imprisonment for 10 years.
(3) It is immaterial that the act or attempted act of carnal knowledge happened with the consent of either person.
(4) It is a defence to a charge under this section to prove that the accused person was, at the time when the act or attempted act of carnal knowledge happened, acting under the coercion of the other person.
(5) A reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that is a half, adoptive or step relationship.
(6) For subsection (5), a reference to a step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.
(7) Also, for subsection (5), a reference to a step relationship does not include a step relationship that first arose after the relevant persons became adult.
(8) This section does not apply to carnal knowledge between persons who are lawfully married or entitled to be lawfully married. "

‘Maintaining a sexual relationship with a child’, Section 229B of the Criminal Code
" (1) Any adult who maintains an unlawful relationship of a sexual nature with a child under the prescribed age is guilty of a crime and is liable to imprisonment for 14 years.
(2) A person shall not be convicted of the offence defined in subsection ( 1) unless it is shown that the accused person, as an adult, has, during the period in which it is alleged that he or she maintained the relationship in issue with the child, done an act defined to constitute an offence of a sexual nature in relation to the child, other than an offence defined in section 210(1) (e) or (f), on 3 or more occasions and evidence of the doing of any such act shall be admissible and probative of the maintenance of the relationship notwithstanding that the evidence does not disclose the dates or the exact circumstances of those occasions.
(3) If in the course of the relationship of a sexual nature the offender has committed an offence of a sexual nature for which the offender is liable to imprisonment for 14 years or more, the offender is liable in respect of maintaining the relationship to imprisonment for life.
(4) If-
(a) the offence of a sexual nature mentioned in subsection (2) is alleged to have been committed in respect of a child of or above twelve (12) years; and
(b) the offence is defined under section 208 or 209;
-it is a defence to prove that the accused person believed throughout the relationship, on reasonable grounds, that the child was of or above eighteen (18) years.
(5) If-
(a) the offence of a sexual nature mentioned in subsection (2) is alleged to have been committed in respect of a child of or above twelve (12) years; and
(b) the offence is one other than one defined under section 208 or 209;
-it is a defence to prove that the accused person believed throughout the relationship, on reasonable grounds, that the child was of or above sixteen (16) years.
(6) A person may be charged in 1 indictment with an offence defined in this section and with any other offence of a sexual nature alleged to have been committed by him or her in the course of the relationship in issue in the first mentioned offence and he or she may be convicted of and punished for any or all of the offences so charged.
(7) However, where the offender is sentenced to a term of imprisonment for the first mentioned offence and a term of imprisonment for the other offence an order shall not be made directing that 1 of those sentences take effect from the expiration of deprivation of liberty for the other.
(8) A prosecution for an offence defined in this section shall not be commenced without the consent of a Crown Law Officer
(9) In this section ‘prescribed age’ means
(a) to the extent that the relationship involves an act defined to constitute an offence in section 208 or 209-18 years; or
(b) to the extent that the relationship involves any other act defined to constitute an offence of a sexual nature-16 years. "

IV. Child prostitution
‘Procuring young person etc. for carnal knowledge’, Section 217 of the Criminal Code
" (1) A person who procures a person who is not an adult or is an intellectually impaired person to engage in carnal knowledge (either in Queensland or elsewhere) commits a crime.  Maximum penalty-imprisonment for 14 years.
(2) In this section "procure" means knowingly entice or recruit for the purposes of sexual exploitation. "

‘Procuring sexual acts by coercion etc.’, Section 218 of the Criminal Code
" (1) A person who-
(a) by threats or intimidation of any kind, procures a person to engage in a sexual act, either in Queensland or elsewhere; or
(b) by a false pretence, procures a person to engage in a sexual act, either in Queensland or elsewhere; or
(c) administers to a person, or causes a person to take, a drug or other thing with intent to stupefy or overpower person to enable a sexual act to be engaged in with the person;    -commits a crime. Maximum penalty-imprisonment for 14 years.
(2) In this section "procure" means knowingly entice or recruit for the purposes of sexual exploitation. "

‘Owner etc. permitting abuse of children on premises’, Section 213 of the Criminal Code
" (1) Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly permits any child under the prescribed age to be in or upon the premises for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a "proscribed act") defined to
constitute an offence in section 208, 210 or 215 is guilty of an indictable offence.
(2) If the child is of or above the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment for 10 years.
(3) If the child is under the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment :
(a) for life, where the proscribed act is one defined to constitute an offence in section 208 or 215; or
(b) for 14 years in any other case.
(4) If the proscribed act is one defined to constitute an offence in section 208 and the child is of or above twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above eighteen (18) years.
(5) If the proscribed act is one defined to constitute an offence in section 210 or 215 and the child is of or above twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds' that the child was of or above 16 years.
(6) In this section "prescribed age" means
(a) for an offence defined in section 208, eighteen (18) years;
(b) for an offence defined in section 210 or 215, sixteen (16) years. "

‘Procuring prostitution’, Section 229G of the Criminal Code
" (1) A person who-
(a) procures another person to engage in prostitution, either in Queensland or elsewhere; or
(b) procures another person-
(i) to leave Queensland for the purpose of engaging in prostitution elsewhere; or
(ii) to come to Queensland for the purpose of engaging in prostitution; or
(iii) to leave the other person's usual place of residence in Queensland for the purpose of engaging in prostitution, either in
Queensland or elsewhere;  Maximum penalty-imprisonment for 7 years.
(2) If the procured person is not an adult or is an intellectually impaired person, the offender is liable to a maximum penalty of 14 years imprisonment.
(3) In this section "procure" includes knowingly entice or recruit for the purposes of sexual exploitation. "

‘Knowingly participating in provision of prostitution’, Section 229H of the Criminal Code
" (1) A person who knowingly participates, directly or indirectly, in the provision of prostitution by another person commits a crime.  Maximum penalty-
(a) for a first offence-imprisonment for 3 years; or
(b) for a second offence-imprisonment for 5 years; or
(c) for a third or subsequent offence-imprisonment for 7 years.
(2) However, if a person who is not an adult or is an intellectually impaired person is, to the offender's knowledge, engaged in the provision of the prostitution, the offender is liable to a maximum penalty of 14 years imprisonment. "

‘Persons found in places reasonably suspected of being used for prostitution etc.’, Section 229I of the Criminal Code
" (1) A person who, without reasonable excuse, is found in, or leaving after having been in, a place suspected on reasonable grounds of being used for the purposes of prostitution by 2 or more prostitutes commits a crime.
Maximum penalty-
(a) for a first offence-imprisonment for 3 years; or
(b) for a second offence-imprisonment for 5 years; or
(c) for a third or subsequent offence-imprisonment for 7 years.
(2) However, if a person who is not an adult or is an intellectually impaired person is, to the offender's knowledge, in the place at the time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment
(3) In sentencing an offender who is a prostitute or client, the court may, in mitigation of sentence, have regard to evidence of an appropriate sexual health check undergone by the offender within 3 months before the offence. "

‘Having an interest in premises used for the purposes of prostitution’, Section 229K of the Criminal Code
" (1) In this section "interested person", in relation to premises, means a person who-
(a) owns, leases, rents or otherwise has an interest in premises; or
(b) is entitled to occupy or use premises; or
(c) controls an entity that
(i) owns, leases, rents or otherwise has an interest in premises; or
(ii) is entitled to occupy or use premises.
(2) A person who-
(a) is an interested person in relation to premises; and
(b) knowingly allows the premises to be used for the purposes of prostitution by 2 or more prostitutes;
-commits a crime.   Maximum penalty-
(a) for a first offence-imprisonment for 3 years; or
(b) for a second offence-imprisonment for 5 years; or
(c) for a third or subsequent offence-imprisonment for 7 years.
(3) However, if a person who is not an adult or is an intellectually impaired person is, to the offender's knowledge, in the premises at a time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment.
(4) A person allows premises to be used for the purposes of prostitution if the person-
(a) knowingly permits the premises to be used for the purposes of prostitution; or
(b) knowing that the premises are being used for the purposes of prostitution, fails to take every reasonable step to stop that use.

(5) A police officer may serve on a person who is an interested person in relation to premises a written warning to the effect that the premises are being used for the purposes of prostitution by 2 or more prostitutes.
(6) In a prosecution against the interested person mentioned in subsection (5), or another person aware of the warning, for an offence against subsection (2), evidence of the warning and its contents are admissible against the defendant.
(7) If a person who is an interested person in relation to premises -
(a) is served with a warning under subsection (5) in relation to the premises; or
(b) otherwise has reasonable grounds to suspect that the premises are being used for the purposes of prostitution by 2 or more prostitutes;
-the person may, by writing served on an occupier or user of the premises, require the occupier or user to leave the premises not later than 7 days after the service of the notice and not return.
(8) A person who, without reasonable excuse, contravenes a requirement made of the person
under subsection (7) commits a crime.
Maximum penalty-imprisonment for 7 years. "

‘Permitting young person etc. to be at place used for prostitution’, Section 229L of the Criminal Code
" A person who knowingly causes or permits a person who is not an adult or is an intellectually impaired person to be at a place used for the purposes of prostitution by 2 or more prostitutes commits a crime.
Maximum penalty-imprisonment for 14 years. "

V. Child pornography
‘Indecent treatment of children under sixteen (16)’, Section 210 of the Criminal Code
" (1) Any person who-
(a) unlawfully and indecently deals with a child under the age of sixteen (16) years;
(b) unlawfully procures a child under the age of sixteen (16) years to commit an indecent act;
(c) unlawfully permits himself or herself to be indecently dealt with by a child under the age of sixteen (16) years;
(d) wilfully and unlawfully exposes a child under the age of sixteen (16) years to an indecent act by the offender or any other person;
(e) without legitimate reason, wilfully exposes a child under the age of sixteen (16) years to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written master;
(f) without legitimate reason, takes any indecent photograph or records, by means of any device any indecent visual image of a child under the age of sixteen (16) years,
-is guilty of an indictable offence.

(2) If the child is of or above the age of twelve (12) years, the offender is guilty of a crime,and is liable to imprisonment for 10 years.
(3) If the child is under the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.
(4) If the child is, to the knowledge of the offender, his or her lineal descendant or if the offender is the guardian of the child or, for the time being, has the child under his or her care, the offender is guilty of a crime, and is liable to imprisonment for 14 years.
(5) If the offence is alleged to have been committed in respect of a child of or above the age of twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of sixteen (16) years.
(6) In this section "deals with" includes doing any act which, if clone without consent, would constitute an assault as defined in this Code. "

‘Obscene publications and exhibitions’, Section 228 of the Criminal Code
" (1) Any person who knowingly, and without lawful justification or excuse-
(a) publicly sells or exposes for sale any obscene book or other obscene printed or written master, or any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or
(b) exposes to view in any place to which the public are permitted to have access, whether on payment of a charge for admission or not, any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or
(c) publicly exhibits any indecent show or performance, whether on payment of a charge for admission to see the show or performance or not;
-is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2) In the case of an offence defined in subsection ( I ) (a) or (b), if the master or thing is obscene or tends to corrupt morals by reason of depicting a person who is or is represented to be-
(a) a child under the age of sixteen (16) years-the offender is liable to imprisonment for 5 years; or
(b) a child under the age of twelve (12) years-the offender is liable to imprisonment for 10 years.

(3) In the case of an offence defined in subsection ( 1 ) (c), if a person appearing in the indecent show or performance is or is represented to be-
(a) a child under the age of sixteen (16) years-the offender is liable to imprisonment for 5 years; or
(b) a child under the age of twelve (12) years-the offender is liable to imprisonment for 10 years.

(4) It is a defence to a charge of any of the offences defined in this section to prove that it was for the public benefit that the act complained of should be done.

(5) Whether the doing of any such act is or is not for the public benefit is a question of fact. "

‘Possession of objectionable film’, Section 41 of the " Classification of Films Act 1991 "
" (1) A person must not have possession of an objectionable film for the purpose of sale.
Maximum penalty :
(a) in the case of a film that is or would, if classified, be classified as an "X" film under the Commonwealth Act-60 penalty units or imprisonment for 6 months; or
(b) in any other case-250 penalty units or imprisonment for 2 years.
(2) A person must not have possession of an objectionable film for the purpose of exhibition in a
public place.
Maximum penalty-250 penalty units or imprisonment for 2 years.
(3) A person must not knowingly have possession of a child abuse film
Maximum penalty- 150 penalty units or l 2 months imprisonment. "

‘Making objectionable film’, Section 42 of the " Classification of Films Act 1991 "
" (1) A person must not, for the purpose of gain, make or produce, or attempt to make or produce, an objectionable film. Maximum penalty-250 penalty units or imprisonment for 2 years.
(2) A person must not, for the purpose of gain, copy, or attempt to copy, an objectionable film.
Maximum penalty-250 penalty units or imprisonment for 2 years.
(3) A person must not make, or attempt to make, a child abuse film.
Maximum penalty-1000 penalty units or imprisonment for 5 years.

(4) A person must not copy, or attempt to copy, a child abuse film.
Maximum penalty-800 penalty units or imprisonment for 3 years. "
‘Procurement of minor for objectionable film’, Section 43 of the " Classification of Films Act 1991 "
" A person must not procure, or attempt to procure, a minor to be in any way concerned in the making or production of an objectionable film. Maximum penalty-800 penalty units or imprisonment for 3 years. "

‘Possession of objectionable computer game’, Section 26 of the " Classification of Computer Games and Images
Act 1995 "
" (1) A person must not have possession of an objectionable computer game to sell it. Maximum penalty- 60 penalty units or imprisonment for 6 months.
(2) A person must not have possession of an objectionable computer game to demonstrate it in a public place.
Maximum penalty- 250 penalty units or imprisonment for 2 years.

(3) A person must not knowingly have possession of a child abuse computer game.
Maximum penalty- 250 penalty units or imprisonment for 2 years. "

‘Making objectionable computer game’ Section 27 of the " Classification of Computer Games and Images Act 1995 "

" (1) A person must not, for gain, make or produce, or attempt to make or produce, an objectionable computer game. Maximum penalty- 250 penalty units or imprisonment for 2 years.
(2) A person must not, for gain, copy, or attempt to copy, an objectionable computer game.
Maximum penalty- 250 penalty units or imprisonment for 2 years.
(3) A person must not make or produce, or attempt to make or produce, a child abuse computer
game.
Maximum penalty- 1 000 penalty units or imprisonment for 5 years.
(4) A person must not copy, or attempt to copy, a child abuse computer game.
Maximum penalty- 800 penalty units or imprisonment for 3 years. "

‘Obtaining minor for objectionable computer game’, Section 28 of the " Classification of Computer Games and Images Act 1995 "

" A person must not obtain, or attempt to obtain, a minor to be in any way concerned in the making or production of an objectionable computer game. Maximum penalty- 800 penalty units or imprisonment for 3 years. "

‘Sale etc. of prohibited publication or child abuse photograph’, Section 12 of the " Classification of Publications
Act 1991 " 
" A person must not advertise, sell or distribute, or attempt to advertise, sell or distribute, a prohibited publication or child abuse photograph. Maximum penalty :
(a) in the case of a restricted publication - 50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication) - 300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication or child abuse photograph - 600 penalty units or imprisonment for 2 years. "

‘Possession of prohibited publication’, Section 13 of the " Classification of Publications Act 1991 "
" A person must not have possession of a prohibited publication for the purpose of publishing it. Maximum penalty :
(a) in the case of a restricted publication - 50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication) - 300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication - 600 penalty units or imprisonment for 2 years. "

‘Possession of child abuse publication or child abuse photograph’, Section 14 of the " Classification of
Publications Act 1991 "   " A person must not knowingly have possession of a child abuse publication or child abuse
photograph. Maximum penalty - 300 penalty units or imprisonment for l year."

‘Exhibition or display of prohibited publication or child abuse photograph’, Section 15 of the " Classification of
Publications Act 1991 "   " A person must not exhibit or display, or attempt to exhibit or display, a prohibited publication or
child abuse photograph -
(a) in a public place; or
(b) in such a way that it is visible to persons in or on a public place.
Maximum penalty :
(a) in the case of a restricted publication - 50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication) - 300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication or child abuse photograph - 600 penalty units or imprisonment for 2 years. "

‘Leaving prohibited publication or child abuse photograph in or on public place’, Section 16 of the
" Classification of Publications Act 1991 "
" A person must not leave, or attempt to leave, a prohibited publication or child abuse photograph in or on a public place with intent to cause offence to another person or with reckless disregard to the offence that could be caused to another person. Maximum penalty :
(a) in the case of a restricted publication - 50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication) - 300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication or child abuse photograph - 600 penalty units or imprisonment for 2 years. "

‘Producing prohibited publication’, Section 17 of the " Classification of Publications Act 1991 "
" (1) A person must not print or otherwise make or produce, or attempt to print or otherwise make or produce, a prohibited publication for the purpose of publishing it.
Maximum penalty :

(a) in the case of a restricted publication - 50 penalty units or imprisonment for 3 months; or
(b) in the case of an RC publication (other than a child abuse publication) - 300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication - 800 penalty units or imprisonment for 3 years.

(2) A person must not copy, or attempt to copy, a prohibited publication for the purpose of publishing it.
Maximum penalty :
(a) in the case of a restricted publication - 50 penalty units or imprisonment for 3 months, or
(b) in the case of an RC publication (other than a child abuse publication) - 300 penalty units or imprisonment for 1 year; or
(c) in the case of a child abuse publication - 800 penalty units or imprisonment for 3 years.

(3) A person must not print or otherwise make or produce, or attempt to print or otherwise make or produce, a child abuse publication.
Maximum penalty - 800 penalty units or imprisonment for 3 years.

(4) A person must not copy, or attempt to copy, a child abuse publication.
Maximum penalty - 800 penalty units or imprisonment for 3 years. "
‘Procurement of minor for RC publication or child abuse photograph’, Section 18 of the " Classification of Publications Act 1991 "

" A person must not procure, or attempt to procure, a minor to be in any way concerned in the making or production of an RC publication or child abuse photograph.
Maximum penalty-
(a) in the case of a child abuse publication - 1000 penalty units or imprisonment for 5 years; or
(b) in any other case - 800 penalty units or imprisonment for 3 years. "

‘Leaving prohibited publication or child abuse photograph in or on private premises’, Section 20 of the
" Classification of Publications Act 1991 "
" A person must not knowingly or recklessly leave, or attempt to leave, a prohibited publication or child abuse photograph in or on private premises without the occupier's permission.
Maximum penalty :
(a) in the case of a restricted publication - 25 penalty units or imprisonment for 1 month; or
(b) in the case of an RC publication (other than a child abuse publication) - 150 penalty units or imprisonment for 6 months; or
(c) in the case of a child abuse publication or child abuse photograph - 300 penalty units or imprisonment for 1 year. "

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