Classification (Publications, Films and Computer Games) (Enforcement) Amendment Bill

Ms PENNICUIK (Southern Metropolitan) -- The Greens will be supporting the Classification (Publications, Films and Computer Games) (Enforcement) Amendment Bill 2009. It amends the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995, which is an act of this Parliament whose sole purpose was to enact provisions of the commonwealth scheme at a state level.

I understand that the particular amendments we are looking at in this bill have been made to legislation in all other states except for Western Australia.

The bill provides for the self-classification of unclassified films and computer games so they can be advertised ahead of their release and classification by the classification board It also has a provision called the commensurate audience provision, which provides that one can only advertise a film or computer game in a screening or in a medium where the other film or computer game that is accompanying it would be at an equal or higher classification level. In that respect this bill is not introducing any new or unusual provisions. In fact the commonwealth act, provisions of which this bill is enacting at the state level, was passed in 2008, over a year ago.

Mr O'Donohue raised the issue of the ongoing concerns about the lack of enforcement of the existing provisions in the state of Victoria, and representatives of the industry have made me aware of their concerns in that respect. The industry's view is that we need a strong, robust classification system, particularly for X-rated and higher-rated films, and that that needs to be enforced. That is an ongoing concern because legitimate players are being undermined by those who are flouting the rules, which are not being enforced.

Mr O'Donohue mentioned Ms Catherine Manning and stole a bit of my thunder. I know Ms Manning from our joint endeavours to prevent the development of the port of Hastings, and I pay tribute to Catherine Manning for her great work in that area. We do not want development in the port of Hastings that is going to disrupt the sensitive environment there. I was pleased to hear her voice on the radio when she raised this issue.

It is of concern that we have a classification system that is not entirely enforced, and the access of young children to highly classified material is not what the regime is supposed to allow, and yet it still does.

The other issue of interest in the bill is the provision to remove the existing reverse legal onus defence, which the government says it is moving to do. Without pre-empting debate, another bill to come into this house, which I understand is being debated in the lower house at the moment, looks at this issue. We have been examining the issue in terms of that bill and this bill, but I will not go into too much detail here. It is good that that is happening, and we will have a lot to say about it when the other bill comes forward.

With those remarks, the bill does not really break any new ground but basically enacts at a state level what is already in the commonwealth legislation. We will support the bill.