Section 578E Crimes Act | Advertising or Displaying Sexual Behaviour


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The Legislation

Section 578E of the Crimes Act is the offence of Advertising or Displaying Sexual Behaviour and is extracted below.

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578E Offences relating to advertising or displaying products associated with sexual behaviour

(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.

(2) Any person who carries on, or who is engaged in, the business of selling or disposing of products to which this section applies must not:
(a) advertise, or cause another person to advertise, in any manner the nature of that business, or
(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 not apply:
(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.