Version No. 001

Printers and Newspapers (Repeal) Act 1998

Act No. 56/1998

Version as at 19 November 1998

table of provisions

SectionPage

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SectionPage

1.Purposes

2.Commencement

3.Repeal of Printers and Newspapers Act 1958

4.Amendment of Wrongs Act 1958

Part IA—Publishers

13A.Application of Part

13B.Definitions

13C.Identification of publisher

13D.Transitional provisions

5.Consequential amendments to other Acts

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

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Version No. 001

Printers and Newspapers (Repeal) Act 1998

Act No. 56/1998

Version as at 19 November 1998

1

Act No. 56/1998

Printers and Newspapers (Repeal) Act 1998

The Parliament of Victoria enacts as follows:

1.Purposes

The purposes of this Act are—

(a)to repeal the Printers and Newspapers Act 1958; and

(b)to amend the Wrongs Act 1958 to provide for the identification of publishers.

2.Commencement

(1)This section and section 1 come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in sub-section (2) does not come into operation before 1 January 1999, it comes into operation on that day.

3.Repeal of Printers and Newspapers Act 1958

No. 6342.

Reprint No. 3 as at 8December 1994.

The Printers and Newspapers Act 1958 is repealed.

4.Amendment of Wrongs Act 1958

s. 4

No. 6420.

Reprint No. 6 as at 15January 1992. Further amended by No. 35/1996.

After section 13 of the Wrongs Act 1958 insert

'Part IA—Publishers

13A.Application of Part

This Part applies to a documentpublished after the commencement of section 4 of the Printers and Newspapers (Repeal) Act 1998.

13B.Definitions

(1)In this Part—

"document" means a document in paper form and includes a book, newspaper, pamphlet, leaflet, circular, advertisement, poster, magazine and other periodical publication but does not include a document consisting only of a representation of a work of art;

"publish", in relation to a document, means sell or distribute (whether to the public generally or to a restricted class or number of persons) or publicly display.

(2)A person who, on behalf of another person, sells or distributes (whether to the public generally or to a restricted class or number of persons) or publicly displays a document does not publish the document for the purposes of this Part.

13C.Identification of publisher

(1)A person who publishes a document intended for sale or distribution (whether to the public generally or to a restricted class or number of persons) or for public display must print on the document sufficient information to enable a person to reasonably identify the person who published the document.

Penalty:120 penalty units.

(2)A person who publishes a document is to be taken to have satisfied the requirement in sub-section (1) if the person prints on the document in a conspicuous place and in durable, legible characters the name of that person, or if that person carries on business under a name registered under the Business Names Act 1962, that name, and the address of that person or the place at which that person carries on business.

(3)It is a defence if a person charged with an offence against sub-section (1) proves that the document was not published in Victoria.

(4)An offence against sub-section (1) is a summary offence.

s. 4

13D.Transitional provisions

Despite the repeal of the Printers and Newspapers Act 1958, any recognisance entered into under section 21 of that Act ceases to have effect except in relation to any conviction referred to in that section in proceedings that had been commenced but not completed before the repeal of that Act.'.

5.Consequential amendments to other Acts

s. 5

(1)In the Schedule to the Litter Act 1987, items 17 and 18 are repealed.

(2)In section 3 of the Tobacco Act 1987, for the definition of "newspaper" substitute—

' "newspaper" means any paper or pamphlet in paper form containing any public news or comments on public news or any political matter printed for sale or distribution and published periodically at intervals not exceeding 26 days but does not include any document containing only matter wholly of a commercial nature;'.

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ENDNOTES

Endnotes

1.General Information

Minister's second reading speech—

Legislative Assembly: 9 April 1998

Legislative Council: 6 October 1998

The long title for the Bill for this Act was "A Bill to repeal the Printers and Newspapers Act 1958, to amend the Wrongs Act 1958 and for other purposes."

The Printers and Newspapers (Repeal) Act 1998 was assented to on 13October 1998 and came into operation as follows:

Sections 1 and 2 on 13 October 1998: section 2 (1); rest of Act on 19November 1998: Government Gazette 19 November 1998 page 2792.

2.Table of Amendments

Endnotes

There are no amendments made to the Printers and Newspapers (Repeal) Act 1998 by Acts and subordinate instruments.

3.Explanatory Details

Endnotes

No entries at date of publication.

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