Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 3 June 1942


Mr BLACKBURN (Bourke) (3:38 AM) . - This clause is linked with clause 97 which provides - (1.); The commission or the licensee of a commercial broadcasting station shall not broadcast any matter which is blasphemous, indecent or obscene. (2.) A person shall not render for broadcasting any item, or pass or select for broadcasting any item, which contains any matter which is blasphemous, indecent or obscene. (3.) The Minister shall obtain a report from the State Broadcasting Advisory Committee, appointed in pursuance of section ninety-five of this Act, with regard to any matter broadcast from a national or a commercial broadcasting station in respect of which a person is alleged to have contravened this section. (4.) An offence against this section shall not bc prosecuted without the written consent of the Minister.

Clause 98 provides - (1.) Where a person is convicted under the last preceding section, or where the Mininter has reason to believe that any person has rendered for broadcasting any item, or hu* passed or selected for broadcasting any matter broadcast 'from any broadcasting station, which has caused or may have caused offence to any section of the public, he may call upon that person to show cause why an order should not be made directing that he he prohibited from rendering any item or from passing or selecting any matter, for broadcasting, or that restrictions be placed on his rendering items, or passing or selecting matter, for broadcasting.

The Minister may exercise these powers in respect of a man who had never been convicted. It may be reasonable to say that the person who has been convicted of an offence should 'be prevented from broadcasting or from passing or selecting for broadcasting, but it is not reasonable that the Minister should have power by such an order to deal with a person who has not been convicted at all.


Mr MORGAN (REID, NEW SOUTH WALES) - The Minister becomes the judge.


Mr BLACKBURN - -Yes, that is my objection to the clause. I do not object to the Minister having power to say that a person .who has been convicted shall be prevented from broadcasting, although I think that may be excessive punishment, but I do object to the Minister having power to find that person in effect guilty of the offence without giving to him a legal trial. The penalty the Minister may impose may be much more severe than would be imposed on him if he were convicted by a court of law. I move: -

That the words " or where the Minister has reason to believe that any person has rendered for broadcasting any item, or has passed or selected for broadcasting any matter broadcast from any broadcasting station, which has caused or may have caused offence to any section of the public, he" be left out with a view to insert in lieu thereof the words "the Minister".

The effect of that would be that the Minister could not make an order except against a man who had been convicted of broadcasting objectionable matter or of passing it or selecting it for broadcast.







Suggest corrections