David Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

In terms of Greens amendment (16)—that is, your proposal to repeal the classification provision—the government believes this provision is important and that it is not sufficient to rely on other provisions in the Classification (Publications, Films and Computer Games) Act 1995.

Section 9A recognises that some communications about doing a terrorist act are inherently dangerous because they could inspire a person to cause harm to the community. This could be the case where it may not be possible to show that a person had any intention that a specific terrorist offence be committed or to communicate the material to any particular person. Such actions fall outside the prohibitions on materials that ‘promote, incite or instruct in matters of crime or violence’. Further, it is important to note that section 9A is not so broad that it encompasses all forms of advocacy and support of any organisation. Under section 9A(3) of the classification act, material does not advocate the doing of a terrorist act if ‘the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire’.