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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-11-09 Daily Xml
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CRIMINAL LAW CONSOLIDATION (CHILD PORNOGRAPHY) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 14 September 2011.)

The Hon. A. BRESSINGTON (21:10): I rise to indicate my support for the Criminal Law Consolidation (Child Pornography) Amendment Bill introduced in another place by the Hon. Iain Evans. The bill seeks to raise the age at which pornography is considered to be child pornography and accordingly the age at which children can be procured to participate in the production of pornography from 16 to 17 years of age, which I still find disturbing, but never mind.

The bill was apparently instigated by a member of the Paedophile Task Force with whom the member for Davenport had contact and who brought to his attention the loophole that a child cannot consent to sexual relations until the age of 17 (except where all participating are 16) but can be procured to commit an indecent act for the purposes of pornography when only 16.

The bill originally proposed to close the loophole by raising the age to 18 but, following government amendment, presumably a condition of its support, that has been reduced to 17. Given the current political climate, I am not surprised that the bill found government support in another place.

I indicate that I much preferred the bill introduced by the Hon. Iain Evans prior to the amendments moved by the Attorney-General in another place. To my mind, I see no justification as to why a child under the age of 18 but above the age of 17 should be able to be procured into participating in the production of pornography, nor how gaining perverse gratification from images of a 17 year old is any less evil than images of a 16 year old.

Whilst I understand the complications that arise from the legal age of consent as set out in section 49(3) as 17 years—except, as I mentioned, where both are 16—I am sure that the community believes and would expect child pornography to include any child not yet considered an adult. Eighteen is the age at which we become adults, and, whilst our law has attempted to recognise that children become sexually active prior to their 18th birthday, I do not believe this should extend to pornography. I would much rather see the age set at 18 and a defence created to ensure that young love or teenage promiscuity is not criminalised.

This, of course, raises the topic of 'sexting' and the like, which I know is becoming an increasing problem as our children become sexualised at a younger age. However, such a defence, provided it is worded carefully, would ensure that this is responded to proportionately and that children and young adults are not labelled sex offenders and registered as such, as was raised by the Hon. Bob Such in another place. However, given that the bill has the government's support—a rare occurrence on a Wednesday in this place—and is still an improvement on our existing law, it has my support.

The Hon. CARMEL ZOLLO (21:13): I rise to respond on behalf of the government. The aim of this bill from the member for Davenport in the other place is laudable and I, on behalf of the government, commend him on his intent to deal with this matter. The government supports the bill in making a number of offences consistent within South Australian law. The changes also have South Australia in a more legislatively consistent place with the rest of Australia. Again, the intention of this bill is commendable and the government supports these changes.

The Hon. S.G. WADE (21:14): In the spirit of goodwill that has broken out, I would also just like to reflect that I welcome the fact that the Attorney-General has accepted the Hon. Iain Evans' bill in its own right and has progressed it accordingly. I know that honourable members have been frustrated and I know that both the Hon. Mr Darley and his predecessor, the Hon. Nick Xenophon, were particularly frustrated with previous attorneys-general who would stall on good ideas and then incorporate them into a government bill at a future time. So, I just acknowledge the willingness of the Attorney-General to engage the Hon. Iain Evans in this case. That means good laws for South Australians sooner rather than later.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. S.G. WADE (21:15): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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