Page 317 - Week 01 - Thursday, 18 February 1993
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(4) The regulation of banned imports is a matter for the Commonwealth Government; where the material is discovered in the ACT and it is suspected of being unclassified, the material is usually referred to the Commonwealths Office of Film and Literature Classification for confirmation of its status; it is then a matter for local authorities to decide whether a prosecution should follow; if material is dearly an "objectional publication" within the ACTs Publications Control Act 1989, it is open to local authorities to commence a prosecution without necessarily seeking confirmation from the Commonwealths Office of Film and Literature Classification. Any unclassified materials or banned imports discovered by police are seized for evidentiary purposes.
(5) The issue of unclassified material on sale interstate involves a range of regulatory laws, including pirating of copyright (a Commonwealth responsibility), use of the postal and telecommunications system for transmission of objectionable publications (a Commonwealth responsibility) to local sale and distribution of unclassified material (a State and Territory responsibility). The Australian Capital Territory has its own law (Publications Control Act 1991) to combat the sale and distribution of unclassified material and ACT authorities will assist, where possible other jurisdictions. My most recent offer of assistance as ACT Attorney General was made on 4 December 1992, to Hon John P Hannaford MLC, the Attorney-General for New South Wales in a matter concerning sexually explicit advertising brochures.
(6) I am advised by the Chief Police Officer that the ACT Region of the Australian Federal Police has not received any such brief. Investigations outside of the ACT would be conducted by State/Territory police forces.
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