Western Australian Repealed Acts

This legislation has been repealed.

CHILD WELFARE ACT 1947 - SECT 108

108 .         Restriction on employment of children for indecent purposes

        (1)         A person shall not —

            (a)         employ a child;

            (b)         cause or procure a child to be employed; or

            (c)         being a person who has the custody or guardianship of a child, allow the child to be employed,

                for the purpose of the child performing in an indecent, obscene or pornographic manner in the course of taking part in an entertainment or exhibition or the making of an advertisement.

        Penalty: $20 000 or imprisonment for 3 years, or both.

        (2)         Without prejudice to the generality of the expression “purpose of the child performing in an indecent, obscene or pornographic manner” in subsection (1), a child is employed for the purpose of performing in an indecent, obscene or pornographic manner if, in the course of the employment, the child —

            (a)         is engaged in an activity of a sexual nature;

            (b)         is in the presence of another person who is engaged in an activity of a sexual nature; or

            (c)         is required to pose or move in a manner calculated to give prominence to sexual organs, the anus or, in the case of a female, her breasts.

        (3)         Without prejudice to its generality, the expression "taking part in an entertainment or exhibition” in subsection (1) includes the circumstances where the performance of the child —

            (a)         consists in whole or in part of modelling or posing of any kind;

            (b)         is only for the person employing the child or for some other particular person or a class of persons; or

            (c)         is recorded for later visual or audible presentation to an audience of one or more persons.

        (4)         For the purposes of subsection (1) —

            (a)         a child who takes part in an entertainment or exhibition carried on for profit or in the making of an advertisement for commercial purposes is to be taken to be employed by the person carrying on the entertainment or exhibition or making the advertisement, notwithstanding that the child is not an employee of that person or receives no consideration from that person; and

            (b)         "employ" includes the engaging of a child to perform professional work under a contract of service and the engaging of a child to perform any work under a contract for services.

        [Section 108 inserted by No. 82 of 1990 s. 8; amended by No. 57 of 1997 s. 30(6).]