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Censorship Bill 1995 STANDING COMMITTEE ON UNIFORM LEGISLATION AND INTERGOVERNMENTAL AGREEMENTS CENSORSHIP BILL Consideration of the Western Australian Censorship Bill Eleventh Report In the Thirty-Fourth Parliament Presented by Hon. P. G. Pendal, MLA Laid on the Table of the Legislative Assembly on Tuesday, 28 November 1995. ORDERED TO BE PRINTED ii ELEVENTH REPORT OF THE STANDING COMMITTEE ON COMMITTEE MEMBERS Chairman Hon. P.G. Pendal, MLA (Member for South Perth) Deputy Chairman Dr E. Constable, MLA (Member for Floreat) Members Mr R.C. Bloffwitch, MLA (Member for Geraldton) Mr J.H. Day, MLA (Member for Darling Range) Mr F. Riebeling, MLA (Member for Ashburton) COMMITTEE STAFF Clerk/Research Officer Ms Tamara Fischer Legal/Research Officer Ms Melina Newnan Secretary/Stenographer Mrs Patricia Roach COMMITTEE ADDRESS Legislative Assembly Annexe Telephone: (09) 222 7483 34 Parliament Place, Facsimile: (09) 321 9366 West Perth WA 6005 ______________________ UNIFORM LEGISLATION IN AUSTRALIA iii TERMS OF REFERENCE On Wednesday 4 August 1993 the Legislative Assembly established the Standing Committee on Uniform Legislation and Intergovernmental Agreements with the following terms of reference: 1. to inquire into, consider and report on matters relating to proposed or current intergovernmental agreements and uniform legislative schemes involving the Commonwealth, States and Territories, or any combination of States and Territories without the participation of the Commonwealth; 2. when considering draft agreements and legislation, the Committee shall use its best endeavours to meet any time limits notified to the Committee by the responsible Minister; 3. the Committee shall consider and, if the Committee considers a report is required, report on any matter within three months; but if it is unable to report in three months, it shall report its reasons to the Assembly; 4. each member, while otherwise qualified, shall continue in office until discharged, notwithstanding any prorogation of the Parliament; 5. no member may be appointed or continue as a member of the Committee if that member is a Presiding Officer or a Minister of the Crown; 6. when a vacancy occurs on the Committee during a recess or a period of adjournment in excess of 2 weeks the Speaker may appoint a member to fill the vacancy until an appointment can be made by the Assembly; 7. the Committee has power to send for persons and papers, to sit on days over which the House stands adjourned, to move from place to place, to report from time to time, and to confer with any committee of the Legislative Council which is considering similar matters; 8. if the Assembly is not sitting, a report may be presented to the Clerk of the Legislative Assembly who shall thereupon take such steps as are necessary and appropriate to publish the report; and 9. in respect of any matter not provided for in this resolution, the Standing Orders and practices of the Legislative Assembly relating to Select Committees shall apply. ________________ iv ELEVENTH REPORT OF THE STANDING COMMITTEE ON CHAIRMAN'S FOREWORD In the Eleventh Report of this Standing Committee, the legislative structure in the Censorship Bill 1995 used to introduce uniform classification standards for films and computer games was examined. The Terms of Reference of this Standing Committee allow the Committee to inquire into and report to the Legislative Assembly on uniform legislation and intergovernmental agreements. This report examines the Censorship Bill 1995 introduced into the Western Australian Parliament on 26 October 1995. The legislative structure used to introduce uniform classification standards under the Bill was examined in light of structures which have previously been identified by this Committee in its earlier reports. In its Second Report the Committee identified five different categories of legislative models dealing with uniformity in legislation, each with a varying degree of emphasis on national consistency or uniformity of laws. In its Sixth Report the Committee identified two additional legislative mechanisms. In comparing the legislative model used to introduce the Censorship Bill 1995 with previously identified structures, this Standing Committee found that it is unlike other models previously used. Under this model Western Australia will pass and amend its own legislation, yet will be able to participate in a national scheme providing uniform censorship standards. In essence, the model chosen by the Government achieves the desirable objectives of national standards and at the same time preserves the Parliaments right to scrutinise, vary or amend the legislation. PHILLIP PENDAL, MLA CHAIRMAN 1995. UNIFORM LEGISLATION IN AUSTRALIA v Table of Contents Page No. TERMS OF REFERENCE iii CHAIRMAN'S FOREWORD iv 1. INTRODUCTION 1 2. THE CENSORSHIP BILL 1995 (WESTERN AUSTRALIA) 1 3. ENFORCEMENT 3 4. PUBLICATIONS 3 5. CONSIDERATION OF LEGISLATIVE STRUCTURES 3 6. ENFORCEMENT 3 7. CONCLUSION 4 ANNEXURE 1 5 WITNESSES 12 UNIFORM LEGISLATION IN AUSTRALIA 1 1. INTRODUCTION Against the background of the Terms of Reference of this Standing Committee to examine and report to the Legislative Assembly on uniform legislation and intergovernmental agreements, this report examines the Censorship Bill 1995 introduced into the Western Australian Parliament on 26 October 1995. The Bill is a result of a revised censorship scheme to be introduced throughout Australia. The national censorship scheme was the subject of a report by the Australian Law Reform Commission in 1991. That report resulted in a general revision of censorship laws and administration throughout Australia. The Bill has been introduced after extensive consultation with the Commonwealth, State and Territory Censorship Ministers as well as industry and community representatives. The legislation results from two agreements reached by the Standing Committee of Attorneys General. The two agreements are as follows - (1) This agreement involves all jurisdictions and is based on a revision of the Co-operative Legislative Scheme for Censorship in Australia which sets up the censorship scheme for the classification of films and computer games. The Agreement also provides that the Classification Guidelines can only be amended with the consent of all the Ministers. The Agreement recognises that Western Australia will have its own legislation and will classify publications on its own account. This Agreement is in the process of being signed by Ministers. (2) The second Agreement between the Commonwealth and Western Australia enables the appointment of the Commonwealth censor as censor and appeal censor for this State. This Agreement sets out the mechanisms by which the Commonwealth will carry out the censorship process. The Agreement may be terminated by the Minister at any time. This Agreement is currently being drafted. In evidence before the Standing Committee, Mr Gary Newcombe, Legal Officer with the Ministry of Justice advised that - At the end of the day the Bill also contains a fall back provision so that if there is no agreement put in place with the Commonwealth to classify films or computer games, or for some reason the system does not work, then there is provision in the Bill for the Western Australian Government to establish its own system by appointing its own censor and having its own guidelines. So, there is that safety net that if the system does not work Western Australia could, if necessary, continue under this current legislation without having to amend it.1 2. THE CENSORSHIP BILL 1995 (WESTERN AUSTRALIA) The Bill was introduced into the Legislative Assembly of Western Australia and is intended to commence operation on 1 January 1996. 1 Mr Newcombe in Transcript of Evidence before the Standing Committee on Uniform Legislation and Intergovernmental Agreements, taken at Perth, Wednesday, 15 November 1995, p 5. 2 ELEVENTH REPORT OF THE STANDING COMMITTEE ON It consolidates into one Act provisions in the following statutes - C the Indecent Publications and Articles Act 1902; C the Censorship of Films Act 1947; C the Video Tapes Classification and Control Act 1987; and C the Criminal Code (which deals with classification and control of publications, film video tapes and indecent and obscene articles and objects). The Bill also incorporates new provisions dealing with - C classifications and control of computer games; and C control of computer services such as Internet. The Bill is part of a new censorship scheme to be introduced throughout Australia. The scheme is based on changes to the Commonwealth procedures for the classification of publications, films and computer games. The scheme is contained in the - C Classification (Publications, Films and Computer Games) Act 1995 (Cwth); and C complementary State and Territory legislation. Previously, the Commonwealth Censorship Board classified films and videos for all Australian jurisdictions except Western Australia and Tasmania. The 1995 Commonwealth Act - C establishes a new Classification Board; C establishes a Classification Review Board; C sets out new administrative procedures for classification of material; and C provides for the classification of computer games. Under the new scheme the Commonwealth Censorship Board will decide on classifications for films and computer games to apply throughout Australia. C All other States and Territories will pass legislation adopting classifications under the Commonwealth Act. C Western Australia will not be adopting decisions made under the Commonwealth Act, but under an agreement
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