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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Freedom of Speech Legislation
Amendment (Censorship) Bill 2018
No. , 2018
(Senator Leyonhjelm)
A Bill for an Act to amend laws relating to
classification and broadcasting, and for related
purposes
No. , 2018
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Bans on publications, films and computer games
3
Classification (Publications, Films and Computer Games) Act 1995
3
Schedule 2--Bans on broadcasting, datacasting and online
access
5
Broadcasting Services Act 1992
5
Schedule 3--Amendments relating to the election blackout
period
8
Broadcasting Services Act 1992
8
No. , 2018
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
1
A Bill for an Act to amend laws relating to
1
classification and broadcasting, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Freedom of Speech Legislation Amendment
6
(Censorship) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 and 4 to 7
The day after this Act receives the Royal
Assent.
3. Schedule 1,
items 2 and 3
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
4. Schedules 2
and 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Bans on publications, films and computer games Schedule 1
No. , 2018
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
3
Schedule 1--Bans on publications, films and
1
computer games
2
3
Classification (Publications, Films and Computer Games)
4
Act 1995
5
1 Section 3A
6
Repeal:
7
This Act also prohibits the possession, control and supply of
8
certain material in certain areas of the Northern Territory. Police
9
officers have powers to seize such material in those areas.
10
2 After subsection 6(1)
11
Insert:
12
(1A) The Minister must cause the Code to be amended to ensure that a
13
publication, film or computer game may only be classified RC if it:
14
(a) depicts or describes, in a way that is likely to cause offence to
15
a reasonable adult, a person who is, or appears to be, a minor
16
engaged in sexual activity; or
17
(b) promotes crime, or incites or instructs in matters of crime.
18
3 Subsection 6(2)
19
After "of the Code,", insert "or the Minister amends the Code in
20
accordance with subsection (1A),".
21
4 Section 9
22
Omit "Subject to section 9A, publications", substitute "Publications".
23
5 Section 9A
24
Repeal the section.
25
6 Subsection 29(4)
26
Repeal the subsection, substitute:
27
Schedule 1 Bans on publications, films and computer games
4
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
No. , 2018
(4) The Board must refuse to approve an advertisement if, in the
1
opinion of the Board, the advertisement:
2
(a) depicts or describes, in a way that is likely to cause offence to
3
a reasonable adult, a person who is, or appears to be, a minor
4
engaged in sexual activity; or
5
(b) promotes crime, or incites or instructs in matters of crime.
6
7 Part 10
7
Repeal the Part.
8
Bans on broadcasting, datacasting and online access Schedule 2
No. , 2018
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
5
Schedule 2--Bans on broadcasting,
1
datacasting and online access
2
3
Broadcasting Services Act 1992
4
1 Paragraph 123(2)(a)
5
Repeal the paragraph, substitute:
6
(aa) preventing the broadcasting of programs that have been
7
classified as RC; and
8
(a) for services other than subscription services, preventing the
9
broadcasting of programs that, in accordance with
10
community standards, are not suitable to be broadcast by that
11
section of the industry; and
12
2 Paragraph 10(1)(f) of Schedule 2
13
Omit "or X 18+".
14
3 Paragraph 10(1)(g) of Schedule 2
15
Repeal the paragraph, substitute:
16
(g) the licensee will ensure that access to programs classified as
17
"R 18+" or "X 18+" by the Classification Board is restricted
18
by disabling devices acceptable to the ACMA;
19
4 Subclause 2(1) of Schedule 6
20
Insert:
21
access control system, in relation to datacasting content, means a
22
system under which:
23
(a) persons seeking access to the content have been issued with a
24
Personal Identification Number that provides a means of
25
limiting access by other persons to the content; or
26
(b) persons seeking access to the content have been provided
27
with some other means of limiting access by other persons to
28
the content.
29
5 Paragraph 28(2)(a) of Schedule 6
30
Repeal the paragraph, substitute:
31
Schedule 2 Bans on broadcasting, datacasting and online access
6
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
No. , 2018
(aa) preventing the transmission of matter that has been classified
1
as RC; and
2
(a) for services that are not subject to an access control system,
3
preventing the transmission of matter that, in accordance with
4
community standards, is not suitable to be transmitted by
5
datacasting licensees; and
6
6 Clause 1 of Schedule 7
7
Omit:
8
•
Content (other than an eligible electronic publication) is
9
prohibited content if:
10
(a)
the content has been classified RC or X 18+ by the
11
Classification Board; or
12
(b)
the content has been classified R 18+ by the
13
Classification Board and access to the content is not
14
subject to a restricted access system; or
15
substitute:
16
•
Content (other than an eligible electronic publication) is
17
prohibited content if:
18
(a)
the content has been classified RC by the Classification
19
Board; or
20
(b)
the content has been classified R 18+ or X 18+ by the
21
Classification Board and access to the content is not
22
subject to a restricted access system; or
23
7 Clause 1 of Schedule 7
24
Omit:
25
•
Content that consists of an eligible electronic publication is
26
prohibited content if the content has been classified RC,
27
category 2 restricted or category 1 restricted by the
28
Classification Board.
29
substitute:
30
Bans on broadcasting, datacasting and online access Schedule 2
No. , 2018
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
7
•
Content that consists of an eligible electronic publication is
1
prohibited content if the content has been classified RC, or
2
has been classified category 2 restricted or category 1
3
restricted and is not subject to a restricted access system.
4
8 Clause 2 of Schedule 7 (definition of R 18+ content)
5
After "R 18+", insert "or X 18+".
6
9 Paragraph 14(2)(a) of Schedule 7
7
After "R 18+", insert "or X 18+".
8
10 Clause 15 of Schedule 7 (heading)
9
After "R 18+", insert "or X 18+".
10
11 Subclause 15(1) of Schedule 7 (heading)
11
After "R 18+", insert "or X 18+".
12
12 Subclause 15(1) of Schedule 7
13
After "R 18+" (wherever occurring), insert "or X 18+".
14
13 Paragraph 20(1)(a) of Schedule 7
15
Omit "or X 18+".
16
14 Subparagraph 20(1)(b)(i) of Schedule 7
17
After "R 18+", insert "or X 18+".
18
15 Subclause 20(2) of Schedule 7
19
Repeal the subclause, substitute:
20
(2) For the purposes of this Schedule, content that consists of an
21
eligible electronic publication is prohibited content if the content
22
has been classified
23
(a) RC; or
24
(b) category 2 restricted or category 1 restricted and is not
25
subject to a restricted access system.
26
Schedule 3 Amendments relating to the election blackout period
8
Freedom of Speech Legislation Amendment (Censorship) Bill 2018
No. , 2018
Schedule 3--Amendments relating to the
1
election blackout period
2
3
Broadcasting Services Act 1992
4
1 Clause 1 of Schedule 2
5
Repeal the following definitions:
6
(a) definition of relevant period;
7
(b) definition of election advertisement.
8
2 Clause 3A of Schedule 2
9
Repeal the clause.
10