Referral of Publications by Courts

   29. Character of publications arising in court proceedings---(1)
 Except as provided in subsections (2) and (3) of this section, where in
 any civil or criminal proceedings before a court (including any
 proceedings under section 116 of this Act) a question arises whether any
 publication---
   (a) Is objectionable; or
   (b) Is objectionable except in any one or more of the following
         circumstances:
           (i) If the availability of the publication is restricted to
         persons who have attained a specified age:
           (ii) If the availability of the publication is restricted to
         specified persons or classes of persons:
           (iii) If the publication is used for one or more specified
         purposes,---

 the court shall refer the question to the Classification Office for
 decision, and the Classification Office shall have exclusive
 jurisdiction to determine the question.

   (2) Where in any civil or criminal proceedings the defendant admits
 that a publication---
   (a) Is objectionable; or
   (b) Is objectionable except in any one or more of the circumstances
         referred to in subsection (1) (b) of this section,---

 the court may accept that admission and dispense with a reference to the
 Classification Office.

   (3) Where the Classification Office or the Board has classified a
 publication under this Act, the production in any proceedings of a copy,
 certified by the Classification Office, of the entry in the register
 recording that decision, together with a certificate from the
 Classification Office that the decision is still in force, shall be
 sufficient proof in any court of the decision, and if that decision is
 conclusive proof of the classification of that publication under section
 41 of this Act, the court shall dispense with a reference to the
 Classification Office in those proceedings.
     Cf. 1963, No. 22, s. 12; 1987, No. 85, s. 20; 1990, No. 59, s. 4