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Bill
- Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Bill 2010
Schedule 4 — Prohibited material
Classification (Publications, Films and Computer Games) Act 1995
1 Before section 99
Insert:
The main object of this Part is to enable special measures to be taken to protect children living in Indigenous communities in the Northern Territory from being exposed to prohibited material.
2 Section 99
Insert:
child means a person who is under 18 years of age.
3 Section 99
Insert:
Indigenous Affairs Minister means the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976 .
4 Section 99
Insert:
Indigenous Affairs Secretary means the Secretary of the Department administered by the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 .
5 At the end of Division 1 of Part 10
Add:
100A Declarations by Indigenous Affairs Minister
(1) The Indigenous Affairs Minister may, by legislative instrument, declare that this Part ceases to have effect in relation to a specified prescribed area or a specified part of a prescribed area.
(2) The Indigenous Affairs Minister must not make a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area unless a request is made to the Indigenous Affairs Minister to do so by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.
(3) If the Indigenous Affairs Minister makes a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, this Part continues to apply in relation to that area or part after the declaration takes effect in relation to things done, or omitted to be done, before the declaration takes effect.
Community consultation
(4) Before making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Indigenous Affairs Minister must ensure that:
(a) information setting out:
(i) the proposal to make the declaration; and
(ii) an explanation, in summary form, of the consequences of the making of the declaration;
has been made available in the prescribed area or the part of the prescribed area; and
(b) people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:
(i) the proposal to make the declaration; and
(ii) the consequences of the making of the declaration; and
(iii) their circumstances, concerns and views, so far as they relate to the proposal;
with employees of the Commonwealth or such other persons as the Indigenous Affairs Minister thinks appropriate.
(5) A failure to comply with subsection (4) does not affect the validity of a declaration under subsection (1).
Criteria for making a declaration
(6) In making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Indigenous Affairs Minister must have regard to the following matters:
(a) the well-being of people living in the prescribed area or the part of the prescribed area;
(b) whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of violence or sexual abuse during a period the Indigenous Affairs Minister considers appropriate;
(c) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed their concerns about being at risk of violence or sexual abuse;
(d) whether there is reason to believe that children living in the prescribed area or the part of the prescribed area have been exposed to prohibited material during a period the Indigenous Affairs Minister considers appropriate;
(e) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed the view that their well-being will be improved if this Part continues to apply in relation to the prescribed area or the part of the prescribed area;
(f) any discussions of the kind referred to in paragraph (4)(b);
(g) the views of relevant law enforcement authorities;
(h) any other matter that the Indigenous Affairs Minister considers relevant.
100B Reapplication of this Part
(1) The Indigenous Affairs Minister may, by legislative instrument, revoke a declaration made under subsection 100A(1) in relation to a prescribed area or a part of a prescribed area.
(2) At and after the time the revocation takes effect, this Part again has effect in relation to the prescribed area or the part of the prescribed area.
(3) The Indigenous Affairs Minister may make a revocation under subsection (1):
(a) on the Indigenous Affairs Minister’s own initiative; or
(b) following a request made to the Indigenous Affairs Minister by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.
Community consultation
(4) Before making a revocation under subsection (1), the Indigenous Affairs Minister must ensure that:
(a) information setting out:
(i) the proposal to make the revocation; and
(ii) an explanation, in summary form, of the consequences of the making of the revocation;
has been made available in the prescribed area or the part of the prescribed area; and
(b) people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:
(i) the proposal to make the revocation; and
(ii) the consequences of the making of the revocation; and
(iii) their circumstances, concerns and views, so far as they relate to the proposal;
with employees of the Commonwealth or such other persons as the Indigenous Affairs Minister thinks appropriate.
(5) A failure to comply with subsection (4) does not affect the validity of a revocation under subsection (1).
Criteria for making a revocation
(6) In making a revocation under subsection (1), the Indigenous Affairs Minister must have regard to the following matters:
(a) the well-being of people living in the prescribed area or the part of the prescribed area;
(b) whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of violence or sexual abuse during a period the Indigenous Affairs Minister considers appropriate;
(c) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed their concerns about being at risk of violence or sexual abuse;
(d) whether there is reason to believe that children living in the prescribed area or the part of the prescribed area have been exposed to prohibited material during a period the Indigenous Affairs Minister considers appropriate;
(e) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed the view that their well-being will be improved if this Part applies in relation to the prescribed area or the part of the prescribed area;
(f) any discussions of the kind referred to in paragraph (4)(b);
(g) the views of relevant law enforcement authorities;
(h) any other matter that the Indigenous Affairs Minister considers relevant.
100C Delegation by Indigenous Affairs Minister
The Indigenous Affairs Minister may, by writing, delegate any or all of his or her powers and functions under sections 100A and 100B to the Indigenous Affairs Secretary.