Justice J. Hanger The Objectionable Literature Act of 1954 constituted a Board called “The Literature Board of Review" to consist of a Chairman and four other members, to be appointed from time to time by the Governor in Council. Amongst the functions of the Board are the examination and review of literature as defined in the Act, with the object of preventing the distribution in Queensland of literature which or any part of which is objectionable. The word "objectionable" is defined in Section 5 (1) which provide in Section 5 (1) that in the Act, unless the context otherwise indicates or requires, the word means: "In relation to literature or any part of any literature, regard being had to the nature thereof, the persons, classes of persons, and age groups to or amongst whom that literature is or is intended to be or is likely to be distributed and the tendency of that literature or part to deprave or corrupt any such persons (notwithstanding that persons in other classes or age groups may not be similarly affected thereby), objectionable for that it (i) unduly emphasise: matters of sex, horror, crime, cruelty or violence; or (ii) is blasphemous, indecent, obscene, or likely to be injurious to morality; or (iii) is to encourage depravity, public disorder, or any indictable offence; or (iv) is otherwise calculated to injure the citizens of this State". Section 10 (1) enables the Board, by its order, to prohibit the distribution in Queensland of any literature for that that literature or some part thereof is, in the opinion of the Board, objecteonable Subsection (5) provides that the order shall apply with respect to all copies of that literature including, in appropriate cases, all copies of every edition, part, number or series thereof; and that the order may specify that literature by such means of distinguishing the same as the Board may think suitable. Other provisions of the Act relevant to the determination of this appeal are set out hereafter. In the exercise of its functions, the Board by notifications in the Gazette in December 1954, prohibited the distribution in Queensland "of all and every the literature, being writings published periodically, specified in the Schedule hereto for that the said literature is, in the opinion of the Board, objectionable." The notifications continued: "This Order applies with respect to all copies of every part, number or series thereof whether published heretofore or hereafter." There followed Schedules setting out lists of the publications referred to which included those which now fall for the consideration of this Court. They come before us consequent upon three orders to review made under The Justices Acts - No. 3 of 1955 relating to the publications, "Real Love" "Romance", "Real 244
The 1955 Romance Comics Trial
