Page 5050 - Week 16 - Wednesday, 27 November 1991
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example, wishes to pursue the issue of X-rated videos and wishes to create that it is an offence to possess X-rated videos, other States can do that. Some have, but they seem to have no particular interest in prosecuting for those offences.
If other States wish to make it an offence for persons to aid and abet the breach of their criminal law by sending material into their States, they no doubt could, and they could take action against the distribution networks here. No State has chosen to do this. The path that Mr Collaery is proposing, of making it an offence in the ACT to send material interstate if the possession of that material interstate is an offence, is a path that no other State or Territory has taken in Australia. This would be a unique proposal where we are really saying to the rest of Australia - - -
Members interjected.
MADAM TEMPORARY DEPUTY SPEAKER: Order, please! Could I have a little more silence. The Minister is trying to make a speech.
MR CONNOLLY: Thank you. The proposal that is before the chamber is a departure from ordinary standards of criminal law throughout Australia. It is a radical proposal to, in a sense, abdicate our responsibility of saying what is or is not lawful in this Territory and to create this strange omnibus offence where it is unlawful to send something out of this Territory, even though it is perfectly lawful to have and possess it here, if another State or Territory chooses to change the law and make that unlawful.
It is a fairly substantial penalty of two years' imprisonment, whereas the actual substantive illegality in another State or Territory may carry a very minor penalty but nonetheless be unlawful. A suggested example that was given to me was sending a vehicle with bald tyres into Queanbeyan. It is an offence under New South Wales law to have a vehicle with bald tyres, but it is an offence that would be dealt with under an on-the-spot - - -
Mr Jensen: Do not waste time; read the amendment.
MR CONNOLLY: Mr Jensen, this is slapdashery. We have a Bill and we have a circulated amendment. Is there an amendment to the amendment, or is the amendment what I am looking at?
Mr Jensen: Yes, there are both.
MR CONNOLLY: Is there an amendment to the amendment?
Mr Jensen: Read the papers on your desk.
MR CONNOLLY: Mr Jensen, I have an amendment to the Bill. If there is an amendment to the amendment, I would be interested to see it.
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