Section 58Part 3 — Offences Against Public Order
Seditious offences
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A person who —
does or attempts to do, or makes any preparation to do any act with a seditious intention;
utters any seditious words;
prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
imports any seditious publication, unless that person has no reason to believe it is seditious,
commits an offence and is liable to a fine of one thousand dollars and to imprisonment for five years and any seditious matter shall be forfeited to the Crown.
A person who without lawful excuse has in that person's possession any seditious publication commits an offence and is liable to a fine of five hundred dollars and to imprisonment for three years and any such publication shall be forfeited to the Crown.
It shall be a defence to a charge under subsection (2) that, if the person charged did not know that the publication was seditious when it came into that person's possession, the person did, as soon as the nature of the publication became known to them, deliver it to the nearest constable.
Any printing machine which has been or is reasonably suspected of being used for or in connection with the printing or reproduction of a seditious publication may be seized or otherwise secured by a constable pending the trial and conviction or discharge or acquittal of any person accused of printing or reproducing any seditious publication; and when any person is accused of printing or reproducing a seditious publication, the court may, in addition to any other penalty which it may impose, order that the printing machine on which the publication was printed or reproduced shall be either confiscated for a period not exceeding one year, or be forfeited to the Crown, and may make such order whether or not the person convicted is, or was at the time when the publication was printed or reproduced, the owner of the printing machine. A printing machine forfeited under this subsection shall be sold and the proceeds, less expenses, shall be paid into the general revenue.
When a proprietor, publisher, printer or editor of a newspaper is convicted of printing or publishing a seditious publication in a newspaper, the court may, in addition to any other punishment it may impose, and whether or not it has made an order under subsection (4), make an order prohibiting any further publication of the newspaper for one year or less.
The court may at any time on the application of the Director of Public Prosecutions and on the taking of such security, if any, for good behaviour as the court may see fit to order, revoke any order made by it forfeiting or confiscating a printing machine or prohibiting further publication of any newspaper.
A court, before ordering the forfeiture or confiscation of a printing machine under this section, shall be satisfied that the printing machine was the printing machine upon or by which the seditious publication was printed or reproduced.
In any case in which a printing machine has been secured or confiscated under this section, the Commissioner may, in the Commissioner's discretion, cause the printing machine or any part thereof to be removed or any part of the machine to be sealed so as to prevent its use but so that the owner of the machine or the owner's agents shall have reasonable access to it to keep it in working order.
Neither the Commissioner nor any person acting in pursuance of the powers conferred by this section shall be liable for any damage caused to a printing machine, whether by neglect or otherwise, unless such damage is done wilfully.
A person who uses or attempts to use a printing machine confiscated under subsection (4) commits an offence and is liable to a fine of five hundred dollars and to imprisonment for three years.
A person who prints or publishes a newspaper in contravention of an order under subsection (5) commits an offence and is liable to a fine of five hundred dollars and to imprisonment for three years.
In this section the expression "printing machine" includes a printing press, copying press, type-setting machine, photographic, duplicating or engraving apparatus, or other machine or apparatus used for or in connection with printing or reproducing publications, and the type, appurtenances and equipment thereof.
Defined Terms
printing machine