Page 5507 - Week 17 - Wednesday, 4 December 1991
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laws, and for us, as constituent parliaments, not to be putting through laws which clearly breach the spirit and intent of democratically passed laws in other jurisdictions.
If the New South Wales Parliament, or any parliament of this country, wants to ban possession of an article, or a substance, X-rated videos in this case - and I will come back to substances, because that utterly shoots down the Attorney's argument - surely it is right and proper for this parliament to recognise that.
Now I will come to substances. The fact is that provisions concerning the use, transfer and trafficking in narcotic substances are backed up by provisions in interstate laws that provide for the breaching of laws in other jurisdictions. I do accept the Attorney's statement that, at this stage of the development of our law, we would be making it an offence to breach a law of another State which is not punishable in this jurisdiction. But the fact is that this is a very highly defined and specified offence. It refers to X-rated videos. I could not think that any producer of X-rated videos, if this law is passed, would remain ignorant of the provisions in Canberra.
I cannot see how it could possibly be said that ignorance of the law would be the defence for that person, because a right-minded government would put this law in place, and I am sure that the citizens who oppose this trade - and, indeed, the Liberal Party - would bring that offence to the attention of those people who might breach the laws. It is up to an X-rated porn purveyor in Fyshwick or elsewhere to be conscious of whether another State parliament passes a law banning possession.
It is a most articulate, informed and aware community. We know that from the lobbying. I could not see how Mr Connolly's arguments, in this specific instance - we are not talking about esoteric law making interstate - could possibly hold any water.
MR TEMPORARY DEPUTY SPEAKER: The question is: That the proposed new clause be inserted. Those of that opinion say Aye - - -
MR COLLAERY (12.22): Mr Temporary Deputy Speaker, I would like to add some more comments if it is going directly to a vote. I might add that the Liberal Party, of course, has stated quite broadly that its policy is to ban the X-rated porn industry. I believe that it would be consistent with Liberal Party policy to support this amendment. I trust that the Liberals will understand that it is not an attempt to create a stunt; it is a real attempt to recognise the parliamentary sovereignty of those interstate if they wish to ban the possession of such material - and Western Australia, indeed, has a form of provision relating to possession. The immediate effect of this amendment, if passed, would be to put on notice those who want to transmit this material to Western Australia.
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