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Pornography) Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
* Amended in committee--see table at end of volume.
Clause 2 provides that the proposed Act will commence on a day or days
to be proclaimed.
Clause 3 gives effect to the Schedule of amendments to the Crimes Act
1900.
Clause 4 gives effect to the Schedule of amendments to the Film and
Computer Game Classification Act 1984, the Indecent Articles and
Classified Publications Act 1975 and the Search Warrants Act 1985.
Schedule 1 (1) and (2) contain consequential amendments to the Crimes Act
1900.
Schedule 1 (3) inserts proposed section 3 10A into the Crimes Act 1900. The
proposed section makes it an offence (penalty of 12 months imprisonment or
a fine of $10,000, or both) for a person to possess child pornography. This is
defined to mean:
*
any film that has been, or that is subsequently, refused classification
under the Film and Computer Game Classification Act I984 because
it is a child abuse film (ie a film which depicts a child in a manner
likely to cause offence to a reasonable adult), or
*
any computer game that has been, or that is subsequently, refused
classification under the Film and Computer Game Classification Act
1984 because it depicts in any form a child (whether engaged in
sexual activity or otherwise) in a manner that is likely to cause offence
to a reasonable adult, or
*
any publication (eg a book, newspaper, magazine, photograph or other
pictorial matter) that has been, or that is subsequently, classified as a
prohibited publication under the Indecent Articles and Classified
Publications Act 1975 because it contains indecent matter that depicts
a child engaged in an activity of a sexual nature (including posing) or
who is in the presence of another person who is so engaged.
Proposed section 3 10A provides that proceedings for an offence under the
section must be commenced not later than 6 months after the date of the
alleged offence (ie when the person was in possession of the child
pornography). Certain defences are also provided, in particular, that the
person depicted or described in the material was of or above the age of 16
when the material was made, taken, produced or published.
Explanatory note page 2
Schedule 1 (4) inserts proposed section 357EB into the Crimes Act 1900.
The proposed section empowers a police officer to apply for a search
warrant authorising the entry and search of premises in respect of which the
officer believes an offence under proposed section 3 10A is being committed.
Schedule 2 amends the Film and Computer Game Classification Act I984
and the Indecent Articles and Classified Publications Act 1975. The
definition of a "child" for the purposes of classifying a film, computer game
or publication is amended so that it will cover a person who is a child or
who, in the opinion of the censor, looks like a child. This is a modification
of the present test of assessing whether the person depicted or described is a
child.
Schedule 2 also amends the Search Warrants Act 1985 as a consequence of
the insertion of proposed section 357EB into the Crimes Act 1900.
Explanatory note page 3