New South Wales Consolidated Acts
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CRIMES ACT 1900 - SECT 578E
Offences relating to advertising or displaying products associated with sexual behaviour
578E Offences relating to advertising or displaying products associated with
(1) This section applies to products (such as articles, compounds,
preparations or devices, but not printed matter) that are primarily concerned
with, or intended to be used in connection with, sexual behaviour.
person who carries on, or who is engaged in, the business of selling or
disposing of products to which this section applies must not--
or cause another person to advertise, in any manner the nature of that
(b) exhibit or display any such products--
(i) to a person who
has not consented to or requested the exhibition or display, or
(ii) in a
manner so that they can be seen from outside the premises of the business by
members of the public.
: Maximum penalty--in the case of an individual--100
penalty units or imprisonment for 12 months (or both), and in the case of a
corporation--200 penalty units.
(3) Nothing in this section makes it an
offence for a person who carries on (or who is engaged in) the business of
selling or disposing of products to which this section applies to advertise
the nature of that business to a person who carries on (or who is engaged in)
a business or profession that ordinarily involves selling or disposing of, or
advising on or prescribing the use of, such products.
(4) This section does
(a) to any person who carries on (or who is engaged in) a business
that sells or disposes of contraceptive devices or compounds (but not any
other type of product to which this section applies), or
(b) to such persons,
or classes of persons, as the Minister may, by notice published in the
Gazette, specify for the purposes of this section.
(5) A person can rely on
the exemption provided by subsection (4) (a) only if the contraceptive devices
or compounds are not displayed or exhibited to public view in any window or
entrance to the premises of the business.
(6) Proceedings for an offence
under this section are to be dealt with summarily before the Local Court.
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