Two Brisbane adult stores have been fined for selling Category 2 magazines and films classified as X18+ and RC.

Queenslander’s can legally watch and purchase such material, but it is illegal for QLD stores to sell it. That creates a big problem and not just for retailers in the Sunshine State — for stores in all Australian states. If customers can order X-rated material from the ACT (where it’s legal to sell) and download videos online, what incentive do they have to buy locally?

Map displaying restrictions placed on the sale and possession of X18+, RC and Restricted material in Australia. It does not cover aeras such as exhibiting or producing such material, or importing such content into Australia.

Map displaying restrictions placed on the sale and possession of X18+, RC and Restricted material in Australia. It does not cover areas such as exhibiting or producing such material, or importing such content into Australia.

One adult industry insider I spoke with today who wished to remain anonymous said Queensland adult shops sell banned material because they need to in order to make a profit. He said owners don’t want to sell illegal content, but they are often left to choose between selling it or losing their business.

Competing with adult business in the ACT isn’t the only problem either. He said a frustrating problem is competing with the illegal mail order operations where a QLD business will get an ACT post box and then pretend to be operating legally, but will actually be operating out of QLD.

Despite QLD Attorney-General Kerry Shine’s claim the the Office of Fair Trading took breaches seriously and would continue to carry out spot checks, it appears some in the state government know the pains local retailers face. I’m told some stores are so familiar with the Office of Fair Trading that they sit down and have a coffee together when they visit to investigate or seize materials. Other times raids are conducted for the sake of numbers, but the cases never make it to court.

It doesn’t take a genius to see that what a joke the law is when an adult living in Queensland can buy an X18+ DVD from the ACT, but not from a store in QLD.

Fiona Pattern of Eros says bans on X-rated material by state Labor governments are untenable when the Federal Labor Government approves of their sale.

‘It is illogical and ideological madness for state Labor governments to argue that people should not be able to sell legal X-rated films when federal Labor says they can run a business with the product.’

These restrictions let black markets thrive while legitimate Australian adult producers and sellers pay the price for the State and Federal Government’s refusal to implement crucial changes.

With the exception of areas in the NT, we can already purchase and watch X18+ films so what reason does the Government have to continue to infringe upon our freedoms and cause financial hardship for Australian businesses? None.