Senate debates

Thursday, 27 November 2008

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008

In Committee

5:01 pm

Photo of Nick SherryNick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | Hansard source

I will make some more detailed observations about Senator Scullion’s comments in respect of the amendments he is moving. I would not disagree at all with his passion, concern and observations about the impact of pornographic material. I would, however, disagree with his analysis of the legislation and with what he is attempting to do in respect of the amendments and the conclusion he has reached.

The Liberal opposition are seeking to return to the measures that the then government tabled in a bill introduced in the previous parliament in September last year. I would contend that they know—they certainly should know—that the measures from last year were unworkable and that officials were developing amendments. Our bill will introduce practical measures to extend—and I want to emphasise this—the ban on X18+ rated and unrated material in prescribed areas to include pay TV channels with substantial R18+ content where restriction is requested and there is community consultation and involvement in decision making. Consultation and involvement makes for better implementation and better results. Importantly, our measure in schedule 1 of the bill is designed as a special measure compliant with the Racial Discrimination Act.

Our argument is, as I have emphasised, an extension—not a removal or part removal, as the Liberal opposition has been claiming. I say, respectfully, that I think this has been a deliberate misrepresentation for political purposes, because we have heard, time and time again, opposition speakers on this bill making this misrepresentation of the government’s position. The government supports the emergency response. We have extended its operation. The bill extends measures that work and repeals measures that do not work. The bill extends—for the benefit of the opposition—the banning of pornography to include R-rated pay TV. The extension of this ban follows consultation with people in the community, including women. Importantly, we have done this in a non-racially-discriminatory manner, unlike the previous government, and the consultation has led to better outcomes.

So, in conclusion, the Labor government oppose these three amendments, which we are dealing with together. The bill extends the ban, and it is quite mischievous, to say the least, to suggest otherwise. I would urge the Senate not to agree to the three amendments we are currently considering.

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