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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-10-27 Daily Xml
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ADULT BOOKSHOPS

The Hon. D.G.E. HOOD (15:30): I seek leave to make a brief explanation before asking the minister representing the Minister for Police a question about adult bookshops.

Leave granted.

The Hon. D.G.E. HOOD: By coincidence, another member of the chamber earlier asked a similar question; mine is on a similar topic but contains different specifics. I was quite surprised to read an article in the Leader Messenger of 12 October this year, entitled 'Triple X marks the spot for Dernancourt porn thieves.' In part, it stated:

A Dernancourt adult shop is struggling to survive after the theft of more than $32,000 worth of X-rated DVDs that could not legally be insured.

Thieves broke into the Good Vibrations store on Lower North East Road overnight on Tuesday October 6, making off with some 650 DVDs with an average retail value of $50 each.

Owner Karen Pearce said her store had been raided eight times over the past two years and the latest was by far the worst…Ms Pearce said it was 'crazy' that X-rated material could not be insured, since while it was technically illegal to sell in South Australia, the law was rarely, if ever, enforced.

In essence, we have a case of someone selling something that is illegal to sell in this state and complaining when it is stolen. The part of the article that concerns me most is where the adult store owner says that the laws regarding X-rated material are 'rarely, if ever, enforced'. Section 38 of the Classification (Publications, Films and Computer Games) Act 1995 clearly provides:

A person must not sell—

(a) an unclassified film that would, if classified, be classified RC or X18+; or

(b) a film classified RC or X18+.

Maximum penalty: $10,000.

My questions are:

1. Despite clear laws banning the sale of X-rated videos in this state, why are people in the adult video industry saying that those are 'rarely, if ever, enforced'?

2. If that is the case, will the minister ensure that the police investigate this instance?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:33): I thank the Hon. Mr Hood for his question. In many ways, it complements that asked by the Hon. Ann Bressington earlier today. I did not read the article but, clearly, if the situation is as reported in the paper, one cannot have too much sympathy for someone who cannot insure their goods because it is illegal to sell them. As I said, one would have very limited sympathy with the person concerned, not that that excuses the theft of any item.

Given the fact that this matter has been raised by two members, I hope that, if it reflects a growing problem in the community, the police would react to it. I will ensure that the two questions about this matter are drawn to the attention of the Minister for Police so that SAPOL can take the appropriate action in relation to what would appear to be, if the honourable members' reports are correct, a growing problem.

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