Page 2067 - Week 08 - Tuesday, 5 June 1990

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regulations failed by a very narrow margin. That lies wholly with the Commonwealth. We are doing in this Territory what we can with respect to this material.

Mr Speaker, the debate on this Bill has again raised the same issues that we heard before. In a perfect world, there would be no need to have any laws, but we do not live in a perfect world. We must also recognise that we have a community which has different views on what is an appropriate moral standard for all of us. A moral standard, however, often demands more obedience than a law. We must use our law-making powers wisely to attempt, as far as possible, to balance the interests of all members of the community. In truth, the interests of some of our fellow residents may not be to our liking but our response should be measured, lest we trample on fundamental rights. I personally have no time for X-rated videos, but they fill a need for some of our residents who want the freedom to view them in the privacy of their own homes.

Once outside those homes, the matter becomes the subject of necessary regulation. This Bill provides tighter regulatory controls in some areas of the X-rated industry. Interest in X-rated videos is not confined to the ACT. Some 90 per cent of the trade in the ACT is for interstate orders, of which some 75 per cent is by mail order.

In the United States there is reported to be a new market for what is termed "feminist erotica", or X-rated romance. These are sexually explicit videos of consenting adults where the emphasis is on romance. In an article in the Sun Herald on Sunday, 3 June 1990, a producer of these videos is quoted as saying that the videos focus very little on the actual sex act itself. I find this article a useful example to support my view that the Chief Censor should be introducing new guidelines to remove the trash from the X-rated classification. I do not dispute that the censor is applying the current guidelines in the correct manner, but I think it is time that this classification was reviewed.

The ACT should have a strong say in what should be permitted in the classification since it is seen as an ACT industry. If the Commonwealth is reluctant to do this, then it should give the classification power to the ACT. All that is required is for the Commonwealth to make regulations under the ACT self-government legislation to give us that power.

Mr Speaker, the Bill before the Assembly contains a provision which specifies that it is a condition of the sale and distribution of X-rated videos that such sales or hire will be confined to prescribed areas. There is no need for this material to be available on an open-ended basis in the Territory. The industry will have to accept that the wider community prefers these outlets to be restricted, not only in terms of product availability but also in terms of location.


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