any article classified by a Tribunal, other than by virtue only of an interim. classification, as a Class III article, whether or not he knows it has been so classified, commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 3 years.
Restriction on publishing Class II article. 27. Where, in relation to any article classified as a Class II article, a Tribunal has imposed conditions under section 8(2)(c), any person who publishes that article otherwise than in accordance with those conditions, whether or not he knows it has been so classified or that those conditions have been imposed, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.
Defence of public good. 28. It shall be a defence to a charge under this Part in respect of the publication of an article or the public display of matter if that publication or display, as the case may be, is found by a Tribunal to have been intended for the public good on the ground that such publication or display was in the interests of science, literature, art or learning, or any other object of general concern.
PART V
Determination by a Tribunal
Tribunal to have exclusive jurisdiction.
[cf. NZ, No. 22 of 1963, s. 12.]
29. (1) A Tribunal shall have exclusive jurisdiction to determine whether—
- (a) any article is obscene or indecent;
- (b) any matter that is publicly displayed is indecent; or
- (c) the ground of defence under section 28 is proved in respect of the publication of an article or the public display of any matter.
(2) Subject to subsection (3), where in any civil or criminal proceedings before a court or magistrate a question arises as to any of the matters mentioned in subsection (1), that court or magistrate shall refer that question to a Tribunal; and the parties to those civil or criminal proceedings and, in the case of proceedings to which a public officer is not a party, the Attorney General or their representatives, may appear and be heard at any hearing of that Tribunal relating to that reference.
(3) Where in any civil or criminal proceedings before a court or magistrate a person admits that an article is obscene or indecent or that any matter publicly displayed is indecent the court or magistrate may accept that admission and so find against that person, and subsections (1) and (2) shall not apply.
PART V
Appeals
Appeal. 30. (1) Any party to any proceedings before a Tribunal may appeal to the High Court against a decision of that Tribunal on a point of law by giving notice of appeal in writing setting out the grounds of that appeal to the Registrar within 14 days of that decision.
