(a) article is an obscene or indecent article; and
(b)
matter that is publicly displayed is indecent.
(2)
Subject to subsection (3), where in any civil or
criminal proceedings before a court or magistrate a
question arises as to whether any article is obscene or
indecent or whether any matter publicly displayed is
indecent that court or magistrate shall refer that question
to the Tribunal and the parties to those civil or criminal
proceedings and, in the case of any proceedings to which
the Attorney General is not a party, the Attorney General,