Page 3429 - Week 12 - Wednesday, 18 September 1991
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could have framed its legislation prior to ACT self-government so that the ACT was in the same position as the States, where X-rated videos were banned. I am not a lawyer, but it seems to me that the Commonwealth, if it wanted to, could still pass legislation to override local laws and thus ban X-rated videos.
As a member of this Assembly, I resent being placed in a situation where, along with my colleagues, I must wear what appears to be sole responsibility for accountability to those throughout Australia who profess moral outrage over X-rated videos. The Commonwealth seems strangely silent on the issue and the States seem to think that it is sufficient just to ban the sale and distribution of X-rated videos, while still allowing possession of the material, as well as advertising of the videos in their own metropolitan newspapers. I do not care for X-rated videos myself and I care less for hypocrisy.
In my previous speeches on this subject I have indicated that a greater concern for all of us should be the violence against women displayed in the R-rated classification. Our first priority should be to address violence against the vulnerable. In my speech on 5 June 1990 in support of the Alliance Government's regulatory measures on X-rated videos, I drew attention to the matter of a pictorial display on a record cover printed insert and a T-shirt. The display portrayed a young woman slumped against a fence, with her clothing almost removed, traces of blood on her exposed breast, and an appearance which in my opinion suggested assault.
This item was referred to the Commonwealth Chief Censor, who ruled that the printed record insert was unrestricted. This means that the item could be publicly displayed and sold to minors. The Commonwealth censor declined to classify the T-shirt as a publication. The ACT Law Office appealed against the censor's ruling to the Film and Literature Board of Review, which overturned the censor's classification and reclassified the printed record cover insert as Restricted - Category 1. The T-shirt, with a similar pictorial display, remains unclassified and teenagers are wearing it around the ACT. I have seen it; it is disgusting. Had the ACT the necessary legislative powers to classify, this ridiculous situation would never have arisen.
I note with interest the terms of reference on censorship procedure issued by the Commonwealth Attorney-General, Mr Duffy, to the Australian Law Reform Commission in May 1990. Mr Duffy stated:
... there is similar agreement that there should be a principal censoring agency at Commonwealth level but that individual jurisdictions should be able to vary the decision of that agency for their own jurisdictions;
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