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Prohibition orders in respect of periodical publications.
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7.—(1) Whenever a complaint is duly made under this Act to the Minister to the effect that the several issues of a periodical publication recently theretofore published have usually or frequently been indecent or obscene or have advocated the unnatural prevention of conception or the procurment of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such prevention or such procurement or have devoted an unduly large proportion of space to the publication of matter relating to crime, the Minister may refer such complaint to the Board.
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(2) The Board shall consider every complaint referred to them by the Minister under this section and for the purpose of such consideration shall examine the issues theretofore recently published of the periodical publication which is the subject of such complaint and on completion of such consideration the Board shall make to the Minister their report on such complaint.
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(3) Whenever the Board under this section makes in reference to a complaint a report not dissented from by more than one and assented to by at least three members of the Board stating that in the opinion of the Board the issues recently theretofore published of the periodical publication which is the subject of such complaint have usually or frequently been indecent or obscene and should for that reason be prohibited or that in the opinion of the Board such issues have advocated the unnatural prevention of conception or the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such prevention or such procurement and should for that reason be prohibited or have devoted an unduly large proportion of space to the publication of matter relating to crime, and should for that reason be prohibited, the Minister may by order (in this Act referred to as a prohibition order) prohibit the sale and the distribution in Saorstát Eireann of any issue of such periodical publication published after the day on which such order comes into operation.
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(4) Where a report is proposed to be made by the Board under this section and either one member or two members of the Board has or have not signified any opinion (whether assenting or dissenting) in regard to such proposed report and the circumstances are such that the signification by such member or members of his opinion or their respective opinions (as the case may be) in regard to such proposed report might affect the operation of such proposed report in respect of the power of the Minister to make under this section a prohibition order in consequence thereof, a copy of such proposed report shall be sent by registered post to such member or to each of such two members (as the case may be) and a report shall not be finally made by the Board until after the expiration of seven days from such posting.
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(5) A prohibition order made under this section in respect of a periodical publication in respect of which no such prohibition order has previously been made shall, unless previously revoked under this Act, continue in force for three months from the day on which it comes into operation and shall then expire.
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