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Salient. Victoria University Students' Paper. Vol. 26, No. 6. Tuesday, June 4, 1963

New Indecency Definition

New Indecency Definition

The definition of indecency in the new Indecent Publications Bill is different from that contained in the present Acts.

The matters to be taken into consideration by the Tribunal include (New considerations in bold type):
1.The nature of the document as a whole.
2.Literary, artistic, medical, legal, political or scientific merit or social importance.
3.Classes or persons who are likely to receive copies.
4.Whether the price puts it out of the reach of adolescents.
5.Whether anyone is likely to be corrupted and if anyone stands to gain from this.

Under the new Bill the Tribunal could publish something otherwise considered as indecent if it considers it to be to the public good to do so. The new Bill also contains the new provision that picture-story books which are "indecent in the hands of children under a certain age" are to be declared indecent in the hands of all persons.

The decision of the Tribunal will be considered as evidence of indecency or otherwise in all proceedings except an appeal against its decision.

The Tribunal will conduct hearings in public, though it may suppress publication. It must give reasons for its decisions which will be majority decisions.

There is provision for appeal to the Court of Appeal, which may vary or revoke any decision which it considers to be "manifestly wrong." It may make instead any decision that could have been made by the Tribunal.