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Report Details

Committee Name:

Uniform Legislation and General Purposes Committee (2002 - 2005)


Legislative Council
Report Type:Report


Censorship Amendment Bill 2002
Report No:3
No of Pages:22
Physical Location:Legislative Council Committee Office

Presentation Date:

Inquiry Name(s):Censorship Amendment Bill 2002

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Hide details for [<font size="2" face="Verdana">Executive Summary</font>]Executive Summary

1The Uniform Legislation and General Purposes Committee (Committee) was appointed by the Legislative Council on April 11 2002. The Committee is dedicated, amongst other matters, to the scrutiny of uniform legislation standing referred pursuant to Standing Order 230A.
2The Censorship Amendment Bill 2002 (Bill) forms part of a national scheme of legislation. The Bill makes Western Australia a full participant in the National Co-operative Censorship Scheme (NCCS) and makes WA’s censorship legislation consistent with that in other States and Territories.
3In its consideration of the Bill, the Committee had regard to scrutiny principles, and gave particular consideration to the concepts of strict and absolute liability and the reversal of the onus of proof.
4The Committee notes that, in providing for full participation in the national uniform scheme, this Bill abolishes the State Minister’s ability to vary or set aside classification decisions made by the Commonwealth. However, under the Commonwealth Classification (Publications, Films and Computer Games) Act 1995, the State Minister has a right to require that the Federal Minister request a review of a classification decision.
5The Committee also notes that full participation in the NCCS renders redundant the function of the State’s Censorship Advisory Committee, which is abolished by this Bill.
6.The Committee makes two recommendations.

Page 13Recommendation 1: The Committee recommends that clause 14 of the Censorship Amendment Bill 2002 be amended in the following manner -

Page 16, after line 10 - To insert the following new subclause -
    "(1) Section 88(2) is amended by deleting "subsection (2)" and inerting instead -
      "subsection (1)" ".
Page 16, line 11 - To insert before "After" the following -
Page 16, line 13 - To insert after "not" the following -
      "sell or".
Page 19Recommendation 2: Subject to Recommendation 1, the Committee recommends that the Censorship Amendment Bill 2002 be passed.