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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-09-08 Daily Xml
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Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 3 June 2015.)

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (11:06): It is with pleasure that I arise to speak on the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill 2015. I will certainly look forward to your contribution, Mr Speaker, to this bill which I am sure is a matter that is passionate within your heart; but, in any event, we do so on the first day of the resumption of parliament and I am pleased to be back here.

I read with interest in the local paper that we are to have a huge workload over the next few months to undertake the government's program agenda of reforms and I look forward to seeing them. A fairly scant list was offered, and if that is all that it is, then I expect we will be finished in September but, nevertheless, we look forward to that. This is a bill that was introduced by the Attorney-General on 3 June. It amends the Classification (Publications, Films and Computer Games) Act 1995. It comes as a result of the Australian Law Reform Commission's work and recommendations and is subsequent to amendments to the relevant Commonwealth Classification Act.

The commonwealth has already amended their legislation to do a number of things. Firstly, to enable certain content to be classified using classification tools such as online questionnaires that deliver automated decisions. Secondly, to create an explicit requirement in the Commonwealth Classification Act to display classification markings in all classified content. Thirdly, to enable the Attorney-General's department to notify law enforcement authorities of potential refused classification content without having the content classified first. This is to expedite the removal of extremely offensive or illegal content from distribution. These amendments, as I understand it, do not require state amendments. The state government, however, has agreed to progress some minor amendments that can be incorporated in our existing legislation.

I place on the record the concern that we have as to some of the delay of implementation of this. The National Classification Scheme was reviewed in 2011 by the Australian Law Reform Commission which produced 57 recommendations in its 2012 report. This does not incorporate all of the recommendations as it is proposed that they will have a staggered commencement. Accordingly, the minor amendments in this bill to the act are to:

expand the exemptions to the modification rule so that films and computer games that are subject to certain types of modifications do not require classification again; and

broaden the scope of existing exempt film categories and streamlining exemption arrangements for festivals and cultural institutions.

The amendments are supported in this bill by the opposition and, accordingly, we commend this bill to be passed through this house and referred for consideration in another place.

The door on this whole issue is not closed. There are still a number of other reforms that need to be considered, and I think it is fair to say that at the national level there continues to be debate and, indeed, a number of bills to try to ensure that we remain contemporary in this space.

We have classification laws to protect the vulnerable: children, for example, who are likely to be exposed to publications and films and, indeed, computer games, and it is important that we, as a parliament, remain vigilant in this space as we expect our national parliament to do the same. I trust this will assist in the improvement and protection of those for the purposes of which we have classification laws, and I look forward to the next round of amendments as they are forthcoming.

I conclude by saying that the whole implementation of national consideration of this area brings to an end South Australia's power to ban video games and movies. That will now be the responsibility of the federal government to attend to these classifications. It has been a long time coming. I do not doubt for one moment that the member for Croydon will be weeping in his chambers at the—

The DEPUTY SPEAKER: Are you allowed to say that? You are reflecting on another member.

Ms CHAPMAN: No, I am going to be complimentary on the passage of this bill to the extent that he has been a martyr in the space of maintaining state responsibility in this area. It might have had something to do with his being the former attorney and therefore having responsibility to be able to carry out that role.

Nevertheless, he did take it very seriously, although he has attracted some comment over the years, particularly in 2008, when he blocked national R18+ classification for video games; he was certainly vigilant in voicing his objection to that. He wanted to ensure that such games remained banned, and that was his position. It became an election issue—in fact, in his own seat—but I will give him credit that certainly he stood strong on this issue.

The door has closed on that, and this will now be in the purview of the national arena. I think it is fair to say that I am not an advocate of nationalising most things—and it may prove that this is one which is not the most efficient way of managing classifications—but I am ever hopeful because we have diligent people who work in this space in our state, and I thank them for the work they have done to date and will continue to do as part of the national scheme. I commend the bill to the house.

Bill read a second time.

Mr GARDNER: I draw your attention to the state of the house.

A quorum having been formed:

Third Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (11:16): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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