Video Recordings Act, 1989

Restriction of importation of certain video recordings.

16.—(1) A person shall not, except under and in accordance with a permit under this section, import into the State a video recording containing a video work in respect of which a prohibition order is in force for the time being.

(2) Without prejudice to the powers as to forfeiture and disposal of video recordings imported into the State in contravention of subsection (1) of this section conferred on the Revenue Commissioners by the Customs Acts, it shall be a defence to a charge of committing an offence against the Customs Acts in relation to the importation into the State of a video recording containing a video work in respect of which a prohibition order is in force for the time being to prove that the accused believed on reasonable grounds—

(a) that the work was not a work in respect of which a prohibition order was in force at the time of the commission of the offence alleged, or

(b) if the recording contained more than one work to which the charge relates, none of the works was a work in respect of which a prohibition order was in force at the time aforesaid.

(3) (a) Where the Minister is satisfied that the proposed importation concerned would not be for the purpose—

(i) of a supply, or of a supply other than to such limited extent as may be specified in the permit under this subsection, of the video recording concerned, or

(ii) of enabling the video work concerned to be viewed otherwise than to such limited extent as may be specified as aforesaid,

the Minister may, on application in writing therefor, grant a permit in writing authorising a specified person to import into the State a specified number of video recordings containing a specified video work in respect of which a prohibition order is in force for the time being and may specify in the permit conditions to which it is subject; and the holder of a permit under this subsection shall comply with any conditions to which it is subject.

(b) A person who contravenes a condition of a permit under this subsection shall be guilty of an offence.

(c) A person guilty of an offence under this subsection shall be liable on summary conviction to a fine not exceeding £1,000.