Page 2798 - Week 13 - Tuesday, 21 November 1989
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I turn now, Mr Speaker, to some of the specific issues that have been raised by various members, although, as I have said before, I will leave the more ludicrous to one side. One piece of information in this debate was quite erroneous, and that was the comment by Mr Kaine that the definition of "non-violent erotica" is somewhat broader. He has said that it also gives considerable scope for videos depicting violence, cruelty or sex to be given the classification of R or X if likely to cause offence to a reasonable adult person. I think it is very important, Mr Speaker, that that remark be put right. It is, of course, a fact that the X classification guidelines specifically prohibit the depiction of sexual violence, coercion or non-consent. That is not what we are talking about here; that is prohibited under the X classification.
As many members have pointed out, the R-rated material can contain depictions of violence, including some sexual violence, and that is, of course, of great concern. Mr Speaker, matters such as child sexual abuse, bestiality and explicit depiction of sexual violence against non-consenting persons are denied classification altogether. They are a totally illegal product within Australia, and they should be treated as such.
It might have been Mr Stefaniak, Mr Speaker, who raised some of the industry's concerns, expressed in the public arena, that the bringing in of this franchise might create an influx of illegal interstate operators setting up in the ACT. I think that comment defies all logic. Why would they not have set up when there was no tax? Why wait until you are being taxed? It seems to me to defy all logic.
Mr Speaker, the Government is satisfied that the legislation controlling the possession, distribution, display and sale of X-rated videos will ensure that current standards of conformance with the law will continue. While the "X" videos Bill is a tax law, as I have constantly said, it does introduce additional regulatory requirements concerning the licensing of wholesale and retail distributors.
However, the essential controls over the industry will continue to be the Publications Control Act 1989 and the Classification of Publications Ordinance 1983. The decision to tax the sale and hire of X-rated videos does not in any way lessen controls over the industry, but rather introduces additional licensing requirements with which the industry has to comply. There is no suggestion of an open door.
Mr Humphries raised the question of the impact of this legislation on children. I think that is also an issue that has to be addressed in this debate. I say again that in the initial budget statement I foreshadowed some discussions with the Australian Federal Police to ensure that laws limiting access to X-rated material are adequate
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