UNDESIRABLE PUBLICATIONS (PROHIBITION OF IMPORTATION) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Power to prohibit importation of publications

   4   Penalties

   5   Delivery up of prohibited publication

   6   Search warrants

   7   Power to examine packages

 

THE UNDESIRABLE PUBLICATIONS (PROHIBITION OF IMPORTATION) ACT

[Date of Commencement: 20th June, 1940]

Cap 397.

Laws
53 of 1953,
10 of 1954.

Act 42 of 1969.

1   Short title

   This Act may be cited as the Undesirable Publications (Prohibition of Importation) Act.

2   Interpretation

   In this Act-

   "publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication;

[42/1969 3rd Sch.]

   "periodical publication" includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular;

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   "import" includes-

   (a)   to bring into Jamaica; and

   (b)   to bring within the inland waters of Jamaica whether or not the publication is brought ashore, and whether or not there is an intention to bring such publication ashore.

3   Power to prohibit importation of publications

   (1) Where the Minister is of opinion that the importation of any publication would be contrary to the public interest he may, by order prohibit the importation of such publication, and in the case of a periodical publication may, by the same or a subsequent order, prohibit the importation of any past or future issue of such publication.

[53/1953 s 2(a).]

   (2) Where the Minister has by an order under subsection (1) prohibited the importation of any publication he may, if in his opinion it would be in the public interest to do so, by a subsequent order prohibit the importation of all or any other publications of the same publisher.

[53/1953 s 2(c).]

   (3) Every order made under this section shall be published in the Gazette.

4   Penalties

   (1) Any person who imports, publishes, sells, offers for sale, distributes, or reproduces any publication, the importation of which has been prohibited under the provisions of section 3, or any extract therefrom, shall be guilty of an offence against this Act and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding two hundred dollars or to imprisonment with or without hard labour for a term not exceeding twelve months or to both such fine and imprisonment, and every such publication, or extract therefrom, shall be forfeited to Her Majesty.

   (2) Any person who without lawful excuse has in his possession any publication, the importation of which has been prohibited under the provisions of section 3, or any extract therefrom, shall be guilty of an offence against this Act and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred dollars or to imprisonment with or without hard labour for a term not exceeding six months or to both such fine and imprisonment, and every such publication, or extract therefrom, shall be forfeited to Her Majesty.

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