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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-02-24 Daily Xml
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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (EXEMPTIONS AND APPROVALS) AMENDMENT BILL

Conference

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice, Minister for Urban Development and Planning, Minister for Tourism, Minister for Food Marketing) (14:02): I have to report that the managers for the two houses conferred together at length, and it was agreed that we should recommend to our respective houses:

No.1. That the Legislative Council no longer insists on its amendment but makes the following amendment in lieu thereof:

Clause 4, page 3, lines 3 to 12 [clause 4(2), inserted subsection (2)]—

Delete inserted subsection (2) and substitute:

(2) An application made to the Minister or the National Director under subsection (1) must comply with the requirements prescribed by regulation.

and that the House of Assembly agrees thereto.

No. 2. That the Legislative Council no longer insists on its amendment but makes the following amendment in lieu thereof:

Clause 7, page 3, lines 24 to 26 [clause 7(2), inserted subsection (1a)]—

Delete inserted subsection (1a) and substitute:

(1a) An application made to the Minister or the National Director under subsection (1) must comply with the requirements prescribed by regulation.

and that the House of Assembly agrees thereto.

No. 3. That the Legislative Council no longer insists on its amendment but makes the following amendment in lieu thereof:

Clause 8, page 4, lines 6 to 8 [clause 8(2), inserted subsection (1a)]—

Delete inserted subsection (1a) and substitute:

(1a) An application made to the Minister or the National Director under subsection (1) must comply with the requirements prescribed by regulation.

and that the House of Assembly agrees thereto.

No.4. That the Legislative Council no longer insists on its amendment but makes the following amendment in lieu thereof:

Clause 9, page 4, line 39 to page 5, line 5 [clause 9, inserted section 79C(2)]—

Delete inserted subsection (2) and substitute:

(2) An application made to the Minister under subsection (1) must comply with the requirements prescribed by regulation.

and that the House of Assembly agrees thereto.

And that the following consequential amendments be made to the Bill:

Clause 5, page 3, after line 15 [clause 5]—Insert:

(2) Section 77(2)—delete subsection (2) and substitute:

(2) An application for a direction under subsection (1) may be made by an approved organisation and must comply with the requirements prescribed by regulation.

(3) Section 77(4)—delete subsection (4) and substitute:

(4) An application for a direction under subsection (3) must comply with the requirements prescribed by regulation.

Clause 9, page 4—

Lines 21 to 23 [clause 9, inserted section 79B(1)]—Delete:

'the Minister may, with the agreement of the National Director, refer the application to the National Director for determination'

and substitute:

'the application will, subject to subsection (2), be taken to have been made to the National Director under this Part'

Lines 24 to 32 [clause 9, inserted section 79B(2)]—Delete inserted subsection (2) and substitute:

(2) Subsection (1) does not apply if—

(a) the Minister decides that he or she will determine that application; or

(b) the National Director or the applicant notifies the Minister that he or she objects to the application being determined by the National Director.

Clause 10, page 5, lines 9 and 10 [clause 10, inserted subsection (2)]—Delete inserted subsection (2) and substitute:

(2) The regulations may—

(a) be of general application or vary in their application according to prescribed factors;

(b) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the National Director.

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