Page 5508 - Week 17 - Wednesday, 4 December 1991
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MR STEFANIAK (12.23): I am interested in the arguments that the Attorney made. The Liberal Party's initial position was that there may be some merit in this where another State has clearly enacted such a law. Certainly, our policy is to ban the sale and distribution of X-rated videos. We, of course, would have gone further than this. My understanding of this proposition is that Mr Collaery, in a roundabout way, is attempting to ban, maybe in respect of one or two States, the exporting from the Territory of X-rated videos.
I am a little bit concerned, though, to hear, just in the brief argument today, that the Western Australian law is in a state of flux and that it is difficult to say whether this material is prohibited there or not. Having a very good knowledge of the ACT courts and our criminal justice system, I can say that, unless the Western Australian law was absolutely crystal clear in terms of banning the possession of X-rated videos there, there would be no way that a supplier from the ACT could possibly be convicted under Mr Collaery's proposed law. I think that that really is almost just a statement of fact as to how our courts operate. It would be impossible to enforce this law here.
I note with interest what Mr Collaery says in relation to the Gibbs committee. In favour, I suppose, of Mr Collaery's arguments, it is the case that the States and the Commonwealth try to enact - and there are certainly moves being made in this regard - uniform laws in as many areas as possible, so that we do not have problems with eight different laws for eight different Territories and States. That is certainly just crazy. But, if this provision were to be enacted, I do not think it would have any effect until one or more of the States or the Northern Territory clearly prohibited the possession of X-rated videos.
I would certainly be grateful for any more information in relation to the Gibbs committee and any actual steps in relation to the other States enacting such a prohibition, in order to see whether this particular amendment would have any effect whatsoever. If that were the case, it would make our task here somewhat easier. I hope that members will have very few problems in relation to the rest of Mr Collaery's Bill, because it relates to knowingly possessing child pornography, which is something that I think all of us would find quite abhorrent. In fact, the people I have talked to in the X-rated industry in Canberra have found the use of child pornography quite abhorrent. I have had discussions with a number of people in the industry - including, of course, Mr Swan - on a number of occasions and they have all indicated their abhorrence at the use of children.
Certainly, I think it is a very proper and timely measure which would have broad community support and, I would hope, broad support within this Assembly. I commend Mr Collaery for bringing this amendment to the Crimes Act, in the form of this Bill, to this Assembly.
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