Section 124 — Crimes Act 1961: Distribution or exhibition of indecent matter

124 Distribution or exhibition of indecent matter (1) Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,— (a) Sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or (b) Exhibits or presents in or within view of any place to which the public have or are permitted to have access any indecent object or indecent show or performance; or (c) Exhibits or presents in the presence of any person in consideration or expectation of any payment or otherwise for gain, any indecent show or performance. (2) It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done. (3) It is a question of law whether the sale, exposure for sale, distribution, exhibition, or presentation might in the circumstances serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact whether or not the acts complained of did so serve the public good and whether or not there was such excess. (4) It is no defence that the person charged did not know that the model, object, show, or performance to which the charge relates was indecent, unless that person also satisfies the Court— (a) That he had no reasonable opportunity of knowing it; and (b) That in the circumstances his ignorance was excusable. (5) No one shall be prosecuted for an offence against this section without the leave of the Attorney-General, who before giving leave may make such inquiries as he thinks fit. (6) Nothing in this section shall apply to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993 , whether the publication is objectionable within the meaning of that Act or not. (7) [Repealed] Compare: 1908 No 32 s 157 Subsection (1)(c) was inserted, as from 1 January 1967, by section 3(1) Crimes Amendment Act 1966 (1966 No 98) and in paragraph (b) the word “ or ” was inserted by section 3(2) of that Act. Subsection (6) was substituted, as from 1 October 1994, by section 150(1) Films, Videos, and Publications Classification Act 1993 (1993 No 94). See Films, Videos, and Publications Classification Act Commencement Order 1994 (SR 1994/188) Subsection (7) was inserted, as from 1 April 1977, by section 3(1) Cinematograph Films Act 1976 (1976 No 168). Subsection (7) was repealed, as from 1 April 1984, by section 76(1) Films Act 1983 (1983 No 130). Subsection (7) was inserted, as from 1 July 1987, by section 70(1) Video Recordings Act 1987 (1987 No 85). Subsection (7) was repealed, as from 1 October 1994, by section 150(1) Films, Videos, and Publications Classification Act 1993 (1993 No 94).