Page 1249 - Week 05 - Tuesday, 24 April 1990
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However, all these issues are incidental to the main question that we are addressing this evening, and that of course is whether to ban the distribution and sale of X-rated material. I will be voting against the Bill for the reasons that I have outlined already in my speech. Basically, I think I have demonstrated that this is a very complex issue and that simply waving a magic wand and telling X-rated movies to go away will not solve the problems which I believe are fundamental to society, especially women and children. As I said, this is a very complex issue which cannot be solved by a simplistic approach such as this Bill. I urge other members of the Assembly to oppose it.
MRS NOLAN (9.33): If there is a general will of legislators in Australia to support the banning of X-rated material, why should the ACT be any different? If all States in Australia have legislation in place, why not the ACT? The ACT Legislative Assembly has to pass legislation that is complementary to that of other States to ensure that other States' laws go anywhere near being upheld.
To imply that, because legislation is not working in other States, it means that the ACT should not have such legislation is quite ludicrous. To hear the words of other Attorneys supporting the banning of X-rated material, as quoted by Dr Kinloch, is very gratifying. We need the consensus of all Attorneys, as was the case in 1988, and then action rather than inaction, as was the case after that time.
I believe that legislation should be minimal, that as a general rule people have the right of individual choice and government should be about the business of government. However, there are times when legislators must make laws. Nobody now questions the compulsory wearing of seat belts or the banning of smoking on public transport, which are two examples. Why are X-rated videos not shown in cinemas? If they are considered too controversial to be shown in a cinema - and currently they are permitted to be used only for private exhibition - I believe they are not acceptable in the home.
We, as parents, are able to determine what is done in our homes. What about your child visiting his or her friend's home? We all encourage our children to choose their friends. However, I am sure many parents would be dismayed to find that while their 12-year-old child stayed overnight at a friend's house, and the friend's parents were out, the two 12-year-olds, having decided to watch videos, looked through the selection, and curiosity encouraged the viewing of an X-rated video. That is the scenario that can so easily happen today.
I am not quite sure why this debate is still on the political agenda. Agreement was reached by the Federal and State Attorneys-General in July 1988. I will quote from an
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