5373-revised

 

2004-2005-2006-2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Bill 2007

 

(Amendments to be moved by Senator Stott Despoja on behalf of the Australian Democrats in committee of the whole)

(1)     Schedule 1, item 3, page 3 (after line 15), after subsection 9A(1), insert:

          (1A)  Before making a classification in accordance with subsection (1), consideration must be given to the likely impact of the material, based on an assessment of the class of persons to or amongst whom the material is to be, or is intended to be, or is likely to be published.

[assessment of impact of material before classification]

(2)     Schedule 1, item 3, page 3 (line 18), after “if”, insert “it is intended or might reasonably be regarded as intended by the creator of the material that”.

[intention of creator of material]

(3)     Schedule 1, item 3, page 3 (line 19), omit “or indirectly”.

[definition]

(4)     Schedule 1, item 3, page 3 (line 21), omit “or indirectly”.

[definition]

(5)     Schedule 1, item 3, page 3 (lines 23 to 28), omit paragraph 9A(2)(c).

[praise of terrorist acts]

(Amendment (6) and (7) are alternatives to amendment (5))

(6)     Schedule 1, item 3, page 3 (line 24), after “where there is a”, insert “substantial”.

[praise of terrorist acts]

(7)     Schedule 1, item 3, page 3 (lines 25 to 27), omit “(regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code ) that the person might suffer”.

[praise of terrorist acts]

(8)     Schedule 1, item 3, page 4 (after line 6), at the end of section 9A, add:

9B  Exemption for access to material Refused Classification

             (1)  A person (the applicant) may apply to the Classification Review Board for access to material which has been classified RC if the purpose of the access is to review or analyse the material for educational or scholarly purposes and the Classification Review Board may grant access in accordance with the subsection.

             (2)  An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Classification Review Board under subsection (1).

             (3)  The regulations may prescribe:

                     (a)  the procedures for application and review; and

                     (b)  conditions for the release of material which will safeguard the capacity to undertake educational or scholarly review or analysis while limiting the circulation of RC material.

[review to RC material for education purposes]