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Section 578E Crimes Act 1900
Advertising or Displaying Sexual Behaviour

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

If you are Charged with Advertising or Displaying Sexual Behaviour and require Expert Legal Advice from an Experienced Criminal Defence Lawyer, call Sydney Criminal Lawyers® today on (02) 9261 8881 to arrange a Free First Conference.

If you wish to plead ‘not guilty’, our Senior Criminal Lawyers will fight hard to prove your innocence in court.

If you wish to plead ‘guilty’, we will use our vast experience to get you the best possible result in the circumstances, including ‘section 10 dismissals or conditional release orders’ where possible (no criminal record / conviction).

Our Results are consistently far better than those achieved by other criminal law firms.

The Legislation

Section 578E of the Crimes Act 1900 deals with the offence of ‘Advertising or Displaying Sexual Behaviour’ and reads as follows:

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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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