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A Bill for an Act to amend laws relating to classification and broadcasting, and for related purposes
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Registered 28 Jun 2018
Introduced Senate 28 Jun 2018
Table of contents.

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Freedom of Speech Legislation Amendment (Censorship) Bill 2018

 

No.      , 2018

 

(Senator Leyonhjelm)

 

 

 

A Bill for an Act to amend laws relating to classification and broadcasting, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Bans on publications, films and computer games                 3

Classification (Publications, Films and Computer Games) Act 1995               3

Schedule 2—Bans on broadcasting, datacasting and online access         5

Broadcasting Services Act 1992                                                                               5

Schedule 3—Amendments relating to the election blackout period        8

Broadcasting Services Act 1992                                                                               8

 

 


A Bill for an Act to amend laws relating to classification and broadcasting, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Freedom of Speech Legislation Amendment (Censorship) Act 2018.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, items 1 and 4 to 7

The day after this Act receives the Royal Assent.

 

3.  Schedule 1, items 2 and 3

The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent.

 

4.  Schedules 2 and 3

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Bans on publications, films and computer games

  

Classification (Publications, Films and Computer Games) Act 1995

1  Section 3A

Repeal:

This Act also prohibits the possession, control and supply of certain material in certain areas of the Northern Territory. Police officers have powers to seize such material in those areas.

2  After subsection 6(1)

Insert:

          (1A)  The Minister must cause the Code to be amended to ensure that a publication, film or computer game may only be classified RC if it:

                     (a)  depicts or describes, in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a minor engaged in sexual activity; or

                     (b)  promotes crime, or incites or instructs in matters of crime.

3  Subsection 6(2)

After “of the Code,”, insert “or the Minister amends the Code in accordance with subsection (1A),”.

4  Section 9

Omit “Subject to section 9A, publications”, substitute “Publications”.

5  Section 9A

Repeal the section.

6  Subsection 29(4)

Repeal the subsection, substitute:

             (4)  The Board must refuse to approve an advertisement if, in the opinion of the Board, the advertisement:

                     (a)  depicts or describes, in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a minor engaged in sexual activity; or

                     (b)  promotes crime, or incites or instructs in matters of crime.

7  Part 10

Repeal the Part.

Schedule 2Bans on broadcasting, datacasting and online access

  

Broadcasting Services Act 1992

1  Paragraph 123(2)(a)

Repeal the paragraph, substitute:

                    (aa)  preventing the broadcasting of programs that have been classified as RC; and

                     (a)  for services other than subscription services, preventing the broadcasting of programs that, in accordance with community standards, are not suitable to be broadcast by that section of the industry; and

2  Paragraph 10(1)(f) of Schedule 2

Omit “or X 18+”.

3  Paragraph 10(1)(g) of Schedule 2

Repeal the paragraph, substitute:

                     (g)  the licensee will ensure that access to programs classified as “R 18+” or “X 18+” by the Classification Board is restricted by disabling devices acceptable to the ACMA;

4  Subclause 2(1) of Schedule 6

Insert:

access control system, in relation to datacasting content, means a system under which:

                     (a)  persons seeking access to the content have been issued with a Personal Identification Number that provides a means of limiting access by other persons to the content; or

                     (b)  persons seeking access to the content have been provided with some other means of limiting access by other persons to the content.

5  Paragraph 28(2)(a) of Schedule 6

Repeal the paragraph, substitute:

                    (aa)  preventing the transmission of matter that has been classified as RC; and

                     (a)  for services that are not subject to an access control system, preventing the transmission of matter that, in accordance with community standards, is not suitable to be transmitted by datacasting licensees; and

6  Clause 1 of Schedule 7

Omit:

•      Content (other than an eligible electronic publication) is prohibited content if:

       (a)     the content has been classified RC or X 18+ by the Classification Board; or

      (b)     the content has been classified R 18+ by the Classification Board and access to the content is not subject to a restricted access system; or

substitute:

•      Content (other than an eligible electronic publication) is prohibited content if:

       (a)     the content has been classified RC by the Classification Board; or

      (b)     the content has been classified R 18+ or X 18+ by the Classification Board and access to the content is not subject to a restricted access system; or

7  Clause 1 of Schedule 7

Omit:

•      Content that consists of an eligible electronic publication is prohibited content if the content has been classified RC, category 2 restricted or category 1 restricted by the Classification Board.

substitute:

•      Content that consists of an eligible electronic publication is prohibited content if the content has been classified RC, or has been classified category 2 restricted or category 1 restricted and is not subject to a restricted access system.

8  Clause 2 of Schedule 7 (definition of R 18+ content)

After “R 18+”, insert “or X 18+”.

9  Paragraph 14(2)(a) of Schedule 7

 After “R 18+”, insert “or X 18+”.

10  Clause 15 of Schedule 7 (heading)

After “R 18+”, insert “or X 18+”.

11  Subclause 15(1) of Schedule 7 (heading)

After “R 18+”, insert “or X 18+”.

12  Subclause 15(1) of Schedule 7

After “R 18+” (wherever occurring), insert “or X 18+”.

13  Paragraph 20(1)(a) of Schedule 7

Omit “or X 18+”.

14  Subparagraph 20(1)(b)(i) of Schedule 7

After “R 18+”, insert “or X 18+”.

15  Subclause 20(2) of Schedule 7

Repeal the subclause, substitute:

             (2)  For the purposes of this Schedule, content that consists of an eligible electronic publication is prohibited content if the content has been classified

                     (a)  RC; or

                     (b)  category 2 restricted or category 1 restricted and is not subject to a restricted access system.

Schedule 3Amendments relating to the election blackout period

  

Broadcasting Services Act 1992

1  Clause 1 of Schedule 2

Repeal the following definitions:

                     (a)  definition of relevant period;

                     (b)  definition of election advertisement.

2  Clause 3A of Schedule 2

Repeal the clause.