"A video game supposedly coming into the USA market shortly will involve the taking of drugs, showing how drugs can create blackouts, drug addiction, job loss and, finally, overdose and death. These types of games glamorise drug addiction and could be triggers for psychotic behaviour."

The Classification Amendment Bill had its second reading in the Victorian Parliament. 

Creative freedom to shoot teen sex retained. The Age 25.03.05

Victorian Attorney-General Rob Hulls:

"The Bracks Government supports Victorian filmmakers and today's amendments ensure the arts community will not be affected in their production of legitimate films," 

"At the same time, the Government has ensured that it will remain an offence for pornographic films to be made using children under 18."

Richard Harris, executive director of the Australian Screen Directors Association commented on the amendment.

"On the first reading of the amendment, it looks like it's a positive move,"

"We're always concerned about filmmakers having the ability to make films about as many subjects as possible and (when this bill was introduced) we were very concerned about what it meant for their level of creative freedom."

***

Full Details are as follows.

The two speakers here are:
Andrew McIntosh (Liberal Party)
Peter Ryan Leader of the National Party.

Title: CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) (AMENDMENT) BILL

House: Assembly
Activity: Second Reading
Members: McIntosh
Date: 23 March 2005
Page: 33

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) (AMENDMENT) BILL

The speakers here are:
Bruce Mildenall, Parliamentary Secretary, Premier and Cabinet (Labor Party)
Nicholas Kotsiras (Liberal Party)
Robert Hudson (Labor Party)
Elizabeth Powell (National Party)
Andrew Leighton (Labor Party)
Peter Lockwood (Labor Party)
Mary Gillett Parliamentary Secretary, Volunteers and Commonwealth Games and Women’s Affairs (Labor Party)
Jude Perera (Labor Party)
Christine Campbell (Labor Party),
Rod Hulls Attorney-General, Minister for Industrial Relations and Minister for Planning (Labor Party)

Title: CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) (AMENDMENT) BILL

House: Assembly
Activity: Second Reading
Members: Mildenhall
Date: 23 March 2005
Page: 47

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) (AMENDMENT) BILL

Second reading

Debate resumed.

Mr MILDENHALL (Footscray) -- The Bracks government is indeed making Victoria a great place to bring up a family. Part of the process and strategy in doing that is this important piece of legislation -- that is, the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Bill 2005, which enhances the national classification scheme of publications, films and computer games by creating a more reasonably understood classification system and scheme for films and computer games.

It provides for a consistent set of classifications that reach across to computer games and make it clear that the classifications that have the age group attached to them are regulatory, whilst others -- such as P, G and M -- are advisory. This will extend across a whole range of products, particularly films, videos, computer games and publications.

The second important outcome of this bill will be to improve the effectiveness of enforcement action under Victoria's classification legislation as a result of some vagueness, ambiguities and lack of specificity that has flowed through from the previous government. This particular bill will remove some ambiguities, and it also responds to recent court cases that hinge on the matter of the critical time in which the publication, film or video was alleged to have breached the classification legislation. Importantly the legislation ensures that Victoria's classification legislation is consistent with the International Labour Organisation's convention 182 on the worst forms of child labour.

That ILO convention requires governments to raise the threshold of the minimum age, from 16 to 18 years, at which young people can be either involved or depicted as being involved in particular categories of publications, films or videos.

As previous speakers on this legislation have pointed out, it is true that in adhering to, and making our legislation consistent with, that ILO convention the government has been urged on by an interesting letter. It is not often you see a copy of a letter in these debates from a number of federal ministers -- namely, Andrews, Ruddock and Downer -- and it is not often that I would urge the house to take notice and spring into action as a result of receiving their request.

However, it is true that bringing Victorian legislation into compliance with that convention has meant that there could be some doubt over the ability of Victorian film-makers to produce such films as the recently acclaimed Somersault, and even some media speculation about the impact of this bill on the making of films about Romeo and Juliet. In future it might be difficult to produce, screen or sell such a film in Victoria. Therefore some amendments which will rectify this situation have been circulated by the Attorney-General.

This is a classic form of interstate cooperation and working hand in hand with the commonwealth -- a relationship that the current federal government seems to want to walk away from in many other portfolio areas. At least in this area we have seen jurisdictions supporting each other.

As a result of these amendments, films or publications that have been either refused or regarded by the national classification board -- which classifies all films, videos, publications and computer games, when it refuses classification to any depiction of persons under 18 years of age engaging in or being depicted as engaging in sexual activity in an offensive way -- will automatically catch publications in Victoria and enable our enforcement action to be brought into place.

This enables a seamless state and national approach to be taken in these matters, and it is important because of the nature of the market of peoples' viewing habits that a national approach is taken. It is a matter of some concern and some regret that a prominent and outspoken spokesperson from the Liberal Party has proposed that Victoria be the first state to break away from that national and interstate set of agreements.

I note that in an article that appeared in the Herald Sun of 2 December last year Mr Atkinson, a member for Koonung Province in another place, has proposed that X-rated videos, films and publications which are not permitted to be sold in Victoria and other states should be able to be put on sale in Victoria. He was quoted as saying that he was willing to introduce a private member's bill to pressure the government to change the law.

Again, picking up a theme from question time, this is an extraordinary policy proposition that has been put as an alternative to current government and indeed national approaches to the distribution of this material -- a very controversial proposal. I am sure the house will be very interested to hear whether Liberal

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Party speakers on this matter agree with Mr Atkinson that X-rated videos ought to be widely sold in Victoria as a matter of course, and that the government should allow such practice. I am sure the Victorian community would be interested in the Liberal Party's views on this matter and as to whether the views of Mr Atkinson are in fact those of the opposition, because this is particularly germane to this legislation. What we are talking about here is a national approach to these matters, a community consensus across the nation about these matters; but it seems that the Liberal Party, or parts of it, would seek to break that national consensus and enable this material to be widely available. Does the Liberal Party as a whole agree with that? What is the attitude to Mr Atkinson's private members bill? I am sure the community will be very interested to know that. But in the meantime the government will proceed with this very sound -- it is complex but sound -- and stable legislation.

Mr KOTSIRAS (Bulleen) -- It is with pleasure that I stand to speak on the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Bill. Can I say that I support the parts of the bill that reinforce zero tolerance for child pornography. It is important that both sides support this and do all they can to ensure that child pornography does not exist anywhere in the world including Victoria. In the past it was illegal for someone under the age of 18 to take part in an X-rated video, but someone over the age of 18 could be depicted as someone under the age of 18. This bill makes that illegal, and it is a good move because, as I said, there should be zero tolerance for child pornography.

I wish to restrict my comments to computer games, and I do so as a father of a 14-year-old who plays computer games every single day. Sometimes I get very concerned at the types of games that my son seeks to purchase, especially when I read about them in the newspapers.

There is also much confusion among parents about the classification of computer games compared with the classification of films. They are different, and parents are not able to understand what is allowable and what is not, so this bill makes the classifications for both films and computer games consistent so parents are able to understand the differences and to ensure their children do not have access to these types of games.

Recently the Herald Sun published an article about a 14-year-old schoolboy who had been brutally killed in Latvia by friends who said they were inspired by video games. I know the debate on the social impact of games is wide and varied and the debates will continue for many years, but the five boys said that they used techniques borrowed from a video game in dealing with the victim. The attacker tried to imitate some fighting techniques used in the video games.

A number of other games that have been put up for sale have been sold out, due unfortunately to the publicity that they have received. One in particular is called Manhunt. The heading of the article on the Sky News web site is 'Death game is sold out':

Sales of a game linked to the murder of a teenager have sold out across the country.

Publicity surrounding the horrific killing of 14-year-old ... has fuelled demand for the murder simulation game Manhunt.

The mother is campaigning to get the game banned after her son was hacked to death with a claw hammer and stabbed repeatedly.

Another game that is on the market is called Grand Theft Auto: Vice City.

This is what the game is all about:

You're a cocaine dealer ... and you get ripped off in a drug deal that goes bad. So your mission is to get your drugs and your money back by committing as many violent, homicidal crimes as you can possibly think up.

You can pursue your goal by killing ... You can machine-gun them, beat them with baseball bats, chop them up with machetes or run them over with stolen cars.

And when you do, everything will look incredibly and shockingly real, with blood spewing everywhere.

You can kill a cop, steal his gun, and then use it to shoot someone else.

Or you can pick up a prostitute and have sex with her in the back of your stolen car, then beat her to death, or shoot her, bludgeon her, whatever you want.

In fact, 'whatever you want' is what the game is all about.

That is how it is described in the magazine.

Thanks to its artful and complex programming and its incredibly realistic graphics, the game creates the impression of being inside a totally unscripted, live-action drama in which you can manufacture your mayhem as you go along.

Or perhaps there is the one that friends of my son had spoken about, one called Rumble Roses. Again, in this game, according to the article:

These girls are pretty stunning. There's the young perky teens, the big buxom blondes, the fetish masks. The girls are decked out in decorative outfits designed for panty shots.

The moves are ... designed to display the wiggling, jiggling assets of the contestants. There's a mud-wrestling option that allows the girls to basically become skin tone for your viewing pleasure.

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Its purpose is to display the female anatomy, the game coming a distant second to that.

The magazine, which can be purchased here in Victoria, gives the game a score of 73 out of 100. Of course I said to my son there is no way that he will go and purchase this video game.

There is also Grand Theft Auto: San Andreas that:

... requires the player -- a gang leader -- to kill police, commit drive-by shootings, carjackings and burglaries ...

There is also The Guy Game, which features video of real women exposing their breasts, and JFK Reloaded, in which the player tries to reassassinate President Kennedy. And the list goes on. It is very important that there is consistency in the video game industry and also that parents are informed so that they are aware, they understand what the differences are and they can make the appropriate choices.

As I said, I support the parts which try to stamp out child pornography. We should have zero tolerance. At the same time, parents have a responsibility. Parents need to understand the different classifications in the video and film industries and they need to educate their children accordingly. That is why the Liberal Party will not be opposing the bill.

Mr HUDSON (Bentleigh) -- I rise in support of this bill, which is complementary legislation with legislation at the federal level and provides for the national classification of publications, films and computer games. Essentially the amendments which have been agreed to by federal and state censorship ministers create a common set of classifications for films and computer games based on the current classification system for films, and that is an important step forward.

It is important because the community and in particular parents need to have confidence in the classification system and in the fact that all the material they and their children can view are consistent with those guidelines.

As a parent who has to consistently deal not only with adjustments about what is suitable for my young children to watch on TV or what they might play on the computer, but also with teenagers who, as the member for Bulleen has pointed out, want to explore some of these other video games, I must say it is a welcome development that we are going to have a readily understood and consistent classification system. Parents need to know what their children are viewing, and with the proliferation of these games and the ready availability of them from video shops and other places it is important that they are aligned with what we understand to be the commonly understood categories for films.

It will mean that parents will be able to make more informed choices.

Having got those categories right, the legislation provides for a range of offences which can be properly enforced.

That is an important point, because we have had some difficulties in the past with police being able to bring successful prosecutions. Currently police must pay between $110 and $200 for every copy of suspect material, even if the copies appear identical. That has been a somewhat prohibitive requirement. Now they will only have to get one copy of the material classified in order to make multiple copies of the same videos that are the subject of the same offence.

This legislation clarifies that an evidentiary certificate, which provides proof of the classification of films, publications or computer games, will apply to all duplicate copies of those items. For example, it will allow the police to prosecute people who sell films that have been refused classification by the classification board or people who are publishing child pornography online. It will also provide an additional means to trigger the full forfeiture of all the offensive material.

So where a person has been found guilty of an offence or offences involving 10 or more films, publications or computer games, all the material will be able to be seized by police, not just the one that was the subject of an offence. So that is an important strengthening of the current legislation.

The legislation will protect children from exploitation through pornography. What is good about this legislation is that it brings Victorian laws into line with International Labour Organisation (ILO) convention 182 in relation to the elimination of the worst forms of child labour, including the use, procuring or offering of children for prostitution, the production of pornography or pornographic performances.

Essentially the amendments make it a criminal offence to involve minors under 18 years -- not just those under 16 years -- in pornographic films or material.

In passing I would say that it has been a hallmark of this government, particularly in this term, that it has consistently introduced legislation into this house to deal with child sex offences and the sexual exploitation of children. It is quite clear in the Victorian community that there are growing calls for us to deal with the damaging impacts of sexual abuse, and as a government we are responding to those calls. This

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aspect of the legislation is yet another part of the concerted effort being made by the Bracks government to stamp out child sex abuse.

I therefore welcome this legislation as a clear and unambiguous statement by this Parliament that we will not tolerate the sexual exploitation of minors in Victoria. At the same time the amendments that have been introduced will ensure that films such as The Year My Voice Broke and Somersault are not caught up in the legislation, and I think that is important. It is also important that the local film industry can still tastefully and appropriately deal with the coming of age of young people and teenage sexuality. I think The Year My Voice Broke is one of the best Australian films that has ever been produced. The house amendments make it clear that this legislation is not designed to stop legitimate film makers from dealing with the subject of teenage sexuality.

But what they do, and what I think it is important that the legislation does, is balance the need to protect children and the importance of complying with the ILO conventions with safeguards for the film industry in producing legitimate films.

Finally, I want to make some general comments about the adult film industry. With the advent of satellite television and rapid downloads from the Internet it is becoming clear that we are creating a situation where classified and unclassified material is becoming much more readily available to the community. It will not be long before you will be able to get a box to go with your television set that will allow you to plug into satellite television and download or view more of this material. This poses some real regulatory challenges in the near future which we in the Parliament are all going to have to grapple with.

I am also concerned about the potential for the adult film industry to be infiltrated by organised crime as a result of the proliferation of this material.

This bill provides some important and welcome enforcement measures, which I support. However, with the advent of new technology there is also a need for us to consider what the regulatory regime may need to be in the future. We need to ensure that whilst adults are able to watch appropriately classified material, safeguards are also in place to prevent sexually violent or inappropriate material from being available from other sources.

I welcome this bill as a major step in the right direction. It will make it easier for the police to carry out prosecutions.

It will ensure that minors are not depicted or used in pornographic films, and it will also ensure that we have a consistent regulatory regime for the classification of films, publications and computer games which is understood by the community and, most importantly, by parents. It is an important step forward, and I commend the bill to the house.

Mrs POWELL (Shepparton) -- I am pleased to speak on this bill and to say, as the Leader of The Nationals indicated in his contribution, that The Nationals will be supporting this legislation and the house amendments.

The bill amends the Classification (Publications, Film and Computer Games Enforcement) Act 1995. There are a number of provisions in the bill to make that act more beneficial to the people who use video games and to the film industry. The provisions aim to improve the operation of the classification scheme by introducing common classification categories for films and computer games.

The second-reading speech states that the decision has been supported by all the censorship ministers. The bill does not make changes to the type of material that is to be permitted in each of the classifications. The bill will also improve the operation and effectiveness of the enforcement action. There are new forfeiture provisions which state that if a person is found guilty of a classification offence involving 10 or more films, publications or computer games, that will also be an offence. The Leader of The Nationals asked for clarification from the Attorney-General on whether it is 10 films, 10 publications or 10 computer games, or whether it could be a combination of all those.

One of the things that is really important in this legislation is the increase in the age threshold of victims. At the moment it is 16 years.

Under this legislation it will go up to 18 years so that those people are not able to be involved in objectionable material, objectionable films and objectionable publications. The introduction of common classification symbols and names is a positive step. It will help parents choose what video games and films their children can view. Presently, as the member for Bulleen said in his presentation, it is confusing, given the introduction of computer games. Some of those games are very graphic, whether it is violently graphic or sexually explicit. This will help parents to make appropriate choices for their children to view, either in their own homes or in their friends' homes.

Clause 5 sets out the new classifications for films; it lists current classifications and the intended classifications.

Clause 6 sets out the computer games new classifications, and the bill also says that any classification which includes an age reference means that legally enforceable age restrictions apply.

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The second-reading speech states:

Promoting the physical, sexual, emotional and psychological safety of all young people is a priority for this Government.

I think that is a laudable aim.

An application has been lodged with the Greater Shepparton City Council for a Club X sex shop in Shepparton. A committee comprising community groups, church groups, welfare organisations, leaders in the community and just people who are concerned in the community has been formed to fight the application; it has called itself Goulburn Valley Community Against Pornography. Council has received 199 objections and a petition bearing 1250 signatures. Also, 700 people rallied in Shepparton in opposition to the Club X mega store.

The community is concerned about such a store's impact on young children, just as the government has stated they have similar concerns. Our community is concerned about the image that a mega sex shop in the community will have and also because it is proposed to be situated in a gateway into Shepparton. It is also concerned about the diminution of family values.

We already have two adult book stores in Shepparton which are in a discreet location, but they have told the Shepparton News that although they might have sexually explicit material in their stores, they do not get inspected. The concern for the community is that while council says it will inspect and put conditions on this new sex shop, the reality is that the two that are there already are not inspected to see whether they are selling appropriate material or whether in fact the publications they have are appropriate and within the guidelines.

The council has approved the club's application, and the Goulburn Valley Community Against Pornography is now having to fight that decision in the Victorian Civil and Administrative Tribunal. The council's own municipal public health plan raised the high incidence of child abuse in Greater Shepparton and stated that research clearly demonstrates the critical importance of creating safe, nurturing environments for children, particularly in their early years. The community is concerned that the offensive material shown in some sex shops still goes uninspected and we are not quite sure what is actually being sold in those sex shops. Obviously the material is very sexually explicit.

Comments appeared in the Shepparton News of 4 November 2004 when a councillor from the City of Shepparton went to Albury to have a look at a Club X store -- the same Club X organisation that is applying to establish a sex shop in Shepparton. He went with three planning officers from the City of Greater Shepparton. He made a number of comments about what goes on in the store.

His particular concern was about the coin-operated viewing booths that are operating there. They also sell publications, DVDs, videos, magazines and toys. His concern about the coin-operated video viewing booths was, in his words quoted by the article:

'They're masturbation chambers virtually'.

According to the article he went on to say that the:

... video-viewing booths seemed to operate on coin slots, were about twice the size of a toilet, had locks on the door, a chair, a bench and a video screen.

'The only other thing in there, surprise, surprise, was a great big commercial dispenser of tissues,' he said.

'It was pretty ordinary, and I'm pretty broad-minded. It was pretty disgusting, I wasn't impressed at all.'

The concern my community has is that approval for this sort of development has been applied for in Shepparton. The application for sex shops which sell and display sexually explicit material and also have the viewing rooms are made under the Planning and Environment Act, which deals with planning issues. I refer to my notice of motion no. 511, which is on the notice paper and of which I gave notice on 9 December 2004. It states:

That this house calls on the Minister for Planning to work with the Minister for Local Government to investigate potential amendments to the Planning and Environment Act 1987 and the Local Government Act 1989 which will permit councils the option of refusing a planning application on the grounds that the application would be detrimental to the health, safety or social amenity of the community.

While section 60 of the planning act allows the responsible authority to consider any significant social or economic effects because of development, I believe it is also important to include health and safety issues so that we protect our children from explicit material, from the sorts of things that devalue families and the values that we like to see in our community, and also to protect the most vulnerable in our community from being able to view this material in an ad hoc way.

Many rural councils do not have the resources to inspect sex shops for compliance, and they feel they do not have any alternative but to reject the application. It is really important that we have legislation in place to protect children, as this bill will do, and to improve enforcement.

The government also needs to look at changes to the Local Government Act and the Planning and Environment Act so as to protect communities from

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unwanted developments regarding explicit material and to give councils more responsibility to be able to reject applications. If the councils have been out and consulted the community and if the community, as my community has done, puts in very strong objections and puts forward their fears about this type of development, I think the councils ought to be able to reject applications for those types of developments. I support this bill before the house; it does make some sense, and there are some good initiatives in it.

Mr LEIGHTON (Preston) -- I welcome the opportunity to speak in support of the bill because it enhances, streamlines and clarifies the existing legislation and in doing so it protects children. The two aspects of the bill that I particularly want to comment on are the concerns raised by the film industry and also whether we have R18+ classifications for computer games. Before I do so, I should briefly outline the overall objectives of the bill.

The bill aims to enhance the national classification scheme by creating a more easily understood classification scheme for film and computer games. It improves the effectiveness of enforcement action under Victoria's classification legislation and ensures that Victoria's classification legislation is consistent with the International Labour Organisation (ILO) convention 182 on the worst forms of child labour. It particularly streamlines current legislation by bringing into line the classification ratings for films and computer games.

Despite my interest in information technology I have not really been into computer gaming and the classification of computer games is not an area that I have thought much about over the years, but last year I went to a monthly general meeting of the Melbourne PC User Group where an academic made a presentation specifically on computer games. The point he was making was that under the existing classification you could have quite high levels of violence but very low levels of, let's call it, titillation or soft porn.

He showed some clips of a sexual nature to make the point about what would be outlawed, and at the same time he played some other computer games to show what was permissible. One of those he played was Grand Theft Auto. I have to say it is the first time I have seen that game, and to my amazement I saw many police cars stolen or hijacked, police officers shot and members of the public run over. I am not into censorship, so I am not calling for it to be censored, but I was astounded afterwards when I found that most kids seem to have a copy of Grand Theft Auto at home while some computer games of a sexual nature are prohibited. Perhaps I am showing my age as a product of the 1960s, when we were brought up on 'Make love, not war'. It is a sad indictment of society when people get their kicks out of Grand Theft Auto.

I understand that the Attorney-General has on the record stated his views on the introduction of 18+ classification for computer games.

I understand that so far it has not been possible to get a nationally consistent approach, with the federal government and South Australia holding out. I think it would be the final step in bringing films and computer games into line if we had such a classification for computer games.

The other matter I will comment on relates to the concerns raised by the film industry that this would prevent kids over 16 from participating in certain films. The members of the Scrutiny of Acts and Regulations Committee looked closely at that at our last meeting, and we did not come to that view. We noted that one of the examples given related to a child under the age of 15 who was able to participate in films. The concerns raised by the film industry are largely unfounded, but in any event the house amendments clearly deal with those concerns by amending both the bill and the legislation and instead rely on national classification codes. Over all it is a sound bill that streamlines current legislative provisions.

One area I would like to see addressed for the future is an R18+ classification for computer games. With those few comments I support the bill.

Mr LOCKWOOD (Bayswater) -- The Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Bill is another example of the fact that under the Bracks government Victoria is a great place to raise a family. This bill is about the safety of young people and changes to the classifications.

The introduction of uniform classification types for films and computer games, as agreed to by all states, is one of the ways to improve the operational effectiveness of enforcement, as well as increasing the child age thresholds from under 16 to under 18, as has been said, in compliance with International Labour Organisation convention 182 on the worst forms of child labour.

With the changes in classifications we will see the more familiar PG, M, MA 15+ and R18+ used on computer games as well as films. It is important to be consistent and to make classifications known. Not enough parents realise the contents of computer games and the significance of the ratings. Many games, as we have already heard, show explicit violence and even drug

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taking. I have to admit that in the past I have been a parent who did not realise what was being brought home by my younger folk. They are a little older now, so it is not an issue. Video games are an important part of our youth culture -- they are very prevalent -- and it is important that they abide by reasonable standards, because they can have a very influential effect on the behaviour and standards that young people adopt. Using the well-known and understood film classifications will help parents understand the nature of the content of some of these games when they appear on the computer screens at home.

We have heard about Grand Theft Auto, but there are many other games. Computer games and computers generally have ever improving graphics. The images we see are more and more realistic. They have improved over the years and are now more life like. We are getting bigger and bigger computer screens so that people can engage in games or virtual situations -- or virtual life, if you like.

They are extremely life like, so it is important that the games reflect the proper standards of life while not inhibiting the use of imagination, which is important to all of us, particularly young people.

As I said earlier, there are changes in the bill that will assist in the admissibility of evidence of classification. These will assist in the successful prosecution of cases in Victoria. There are additional means to trigger the forfeiture of material, including the trigger of 10 items, as we heard earlier. I read that as meaning that 10 items in total will be a breach that will lead to the forfeiture of all material confiscated by police unless the magistrate releases them. It is about time we raised the minimum age to 18, as required in other jurisdictions around the world. It is a logical step and a reasonable thing to do.

The amendments before the house also address the concerns of the local film industry and correct the situation that has been present in the Crimes Act since 1995. This is done by relying on the federal definitions in the national classification code. It removes the ambiguity present in the current Victorian legislation, including the principal act and the Crimes Act.

The national classification code includes the phrase 'likely to cause offence to a reasonable adult' as a way of properly classifying material. I think it is good that we rely on and defer to the commonwealth legislation. This change allows filmmakers to deal with teenage sexuality, as we have already heard, and the rites of passage in a responsible way. Heaven forbid if we could not view films like Puberty Blues. This is an entirely reasonable amendment. On that note I commend the bill to the house.

Ms GILLETT (Tarneit) -- It is my privilege to make a brief contribution on the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Bill and the house amendments. I say at the outset that this is the sort of legislation that I know will bring a cheer to the hearts and minds and improve the health and wellbeing of most parents in my community, which is one of the leading growth corridors in Victoria. Being a mother of three children, one adult and two teenagers, there can be nothing more concerning than a trip to Target or Kmart with children who are trying to insist that Grand Theft Auto, as the member for Preston has indicated, is a fair and reasonable game for them to purchase.

Consistent national classification codes like this are of great assistance to parents of young children in particular, who, though they might tell their children they are experts on everything, clearly may not be.

They need assistance such as this legislation provides as guidance for what are appropriate computer games and videos for their young children to view. As I say, it is incredibly important in a community like mine, where we have so many families with young children, that legislation like this is produced by the government to give parents that extra confidence, knowing that what they are purchasing for the viewing or game playing of their children is consistent nationally and is sensibly rated.

I have to say, following up on the member for Preston's comments on Grand Theft Auto, that I agree with him wholeheartedly. When I express some displeasure to my 18-year-old son, 17-year old daughter and 15-year-old son when they are playing this game, they remind me that, 'It is only a game, Mum, and is not real'. I still remain unconvinced that being able to run over people and smash into things is a form of entertainment. However, they assure me differently. With those very brief remarks, I commend the bill to the house.

Mr PERERA (Cranbourne) -- I rise to speak in support of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Bill. This bill enhances the national classification scheme by creating a more easily understood classification scheme for films and computer games. Computer games classification will be available in familiar codes such as G, PG, M, MA 15+ and RC. These are codes familiar to parents or adult guardians who need to take control of their minors.

Children coming from home environments where there is an absence of role models struggle to differentiate fantasy from reality. A video game supposedly coming

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into the USA market shortly will involve the taking of drugs, showing how drugs can create blackouts, drug addiction, job loss and, finally, overdose and death. These types of games glamorise drug addiction and could be triggers for psychotic behaviour.

This bill will facilitate the adoption for computer games of the system used by films. This will make it easier for consumers, especially parents and guardians, to make informed choices about computer games and films their children are viewing over and over again in their own time and space. It will change the age threshold of victims in relation to objectionable material, films and publications from under 16 to under 18 years. This is a great initiative that will strengthen Victoria's law against the sexual exploitation of children which is in line with the International Labour Organisation convention 182 which calls for the elimination of the worst forms of child labour.

Children qualify for universal franchise at the age of 18. What this means is that 18 is the age children become adult. This is a universally accepted phenomenon. Therefore using children under 18 in objectionable films or objectionable material is child pornography. Even using under-18 look-alikes in objectionable films gives viewers feelings of watching child pornography. Such wrong messages could trigger psychotic behaviour. Films with a genuine artistic purpose will not fall into this category; house amendments will cover that.

Under the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 police must pay between $110 and $200 to get an evidentiary certificate for every copy of suspect material even if the copies appear identical. That was weird red tape introduced by the previous government under this act. This amendment will provide certainty and ensure Victoria Police is not hamstrung by the expense of obtaining separate evidentiary certificates.

This bill will also change the original 1995 act in allowing Victoria Police to seek full forfeiture where there is a guilty finding in an offence or offences involving 10 or more items with at least one of the following: films classified RC or X 18+; publications or computer games classified RC; or objectionable films and objectionable publications.

This bill is a step in the right direction towards promoting the physical, sexual, emotional and psychological safety of all young people. This is a top priority for the Bracks government. I commend the bill to the house.

Ms CAMPBELL (Pascoe Vale) -- I also rise to support the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Bill. This is good legislation. The amendments included in this bill fall into three categories.

First of all, there are amendments to implement uniform classification types for films and computer games as agreed by all censorship ministers. It is very suitable in a commonwealth to ensure that every state and territory operates under similar legislation. In the second category are amendments to improve the operation and effectiveness of enforcement action under the act. As we all know, any good legislation that has questionable effectiveness in its enforcement provisions is pretty much a waste of time.

This bill before the house improves the operation and effectiveness of enforcement action. Thirdly, and finally, the amendments ensure that the act is consistent with the International Labour Organisation's convention 182 on the worst forms of child labour.

Members of the government and, I understand, members of the opposition are well aware of a letter signed by three federal ministers requesting that all the states and territories act to implement this important legislation.

I want to go first of all to the uniform classification-type names for films and computer games. This bill creates a distinction between the advisory classifications, G, PG and M, and the legally restricted classifications, MA15+, R18+ and X18+ through the inclusion of age references in the names of the restricted classification types and the removal of the age descriptors from the advisory classifications -- that is, G(8+) and M(15+).

There are amendments to improve the operation and effectiveness of the enforcement action under the act. I want to briefly mention evidentiary certificates and duplicate certificates in this contribution to the debate.

In relation to evidentiary certificates the bill contains amendments to improve the operation of the Classification Act by remedying technicalities which currently hinder the successful prosecution of classification offences in Victoria. There is nothing more frustrating -- Acting Speaker, I imagine you would be very familiar with this -- than having a good case and finding that the evidence may not be robust enough when it actually comes to court. Some may argue that a case may not be a good one, but it is terribly important that everybody clearly understands what is required to obtain a successful prosecution and eliminate anything which may hinder it.

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By way of explanation, section 78 of the Classification Act provides evidentiary force to a certificate which the director of the Office of Film and Literature Classification is empowered to provide under section 87 of the Commonwealth Classification Act. That evidentiary certificate states the relevant classification, if any, of the film, publication or computer game and is required to prove offences under the Classification Act. Regarding duplicate certificates, which I said I would also mention briefly, the bill contains an amendment to clarify that a separate evidentiary certificate is not required for each duplicate copy of the film, publication or computer game. This amendment was provided at the request of Victoria Police, which has indicated that the cost of obtaining evidentiary certificates required for prosecution is prohibitive.

In the interests of expediting the passage of this bill I will leave my contribution to the debate at those few remarks.

I place on the record on behalf of all parents and grandparents and those who head off to retail outlets, my appreciation of all the ministers getting together to come up with what I believe is excellent legislation.

Mr HULLS (Attorney-General) -- I would like to thank all those who contributed to this debate -- the members for Bulleen, Bentleigh, Shepparton, Preston, Bayswater, Tarneit, Cranbourne and Pascoe Vale, and also the shadow Attorney-General, the Leader of The Nationals and the member for Footscray.

The Leader of The Nationals wanted to know whether in effect it was intended that the number of films, publications, computer games, objectionable films or objectionable publications required to trigger the new forfeiture provisions is 10 cumulatively.

It is intended that the requirement for the new forfeiture trigger will be an offence or offences involving any combination of the specified items listed in paragraphs (a), (b) and (c), provided there are 10 or more items in total. That is, the total number of items needs to be 10 or more, but it may be a mixture of items -- for example, 5 refused-classification films and 5 refused-classification publications. I think that answers his question.

The member of the Shepparton raised an issue about sex shops in relation to her electorate. This legislation does not deal with that matter at all, but the amendments to the bill are to ensure that the definitions of 'objectionable film', 'objectionable publication' and 'objectionable material' under the Classification Act are in line with federal legislation.

In deleting a particular sentence in the legislation that was originally brought before the house, removing the sexual depiction age threshold references from the Victorian classification legislation will bring us absolutely into line with the federal legislation. Additionally of course, child pornography will still be captured, as films or publications that are classified RC, or 'refused classification' -- or if unclassified, would be classified RC -- are already provided for in another part of the existing definitions.

This approach allows the well-established national classification code classification category definitions to be relied upon, and it will ensure our legislation is still compliant with the ILO convention, because as previously noted it is intended that the RC definition will capture child pornography involving children under 18. The proposed house amendments are consistent with other jurisdictions and seek to align our classification legislation closer to that which already exists in those jurisdictions.

In relation to the Crimes Act amendments, while no specific comment has been made publicly about the 2004 amendments to the definition of 'child pornography' in the act, it is proposed to amend this legislation. It would be incongruous for a film like Blue Lagoon, for instance, which is rated PG under the code, to be deemed child pornography under the Crimes Act.

It is proposed that the amendments will extend the defence under the Crimes Act for the purposes of production and procurement of child pornography offences, which are set out in sections 68 and 69 of the Crimes Act. Currently there are a number of statutory defences available in relation to the offence of possessing child pornography. In particular, section 70(2) provides that:

It is a defence ... to prove --

(a) in the case of --

(i) a film; or

(ii) a photograph contained in a publication; or

(iii) a computer game --

that at the time of the alleged offence the --

material --

was classified other than RC or X ...

In other words, if the material has been classified G, PG, M, MA 15+ or R 18+, then that will provide a defence against the offence of possession of child pornography.

Therefore we are introducing an amendment with respect to the defence in

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section 70(2)(a). The current wording is unduly restrictive as it only applies to material that was classified other than RC or X at the time of the alleged offence.

An amendment is proposed so that the defence could apply also to material that would, if classified, be classified other than 'refused classification' or 'X'. This is required to protect legitimate film-makers, because at the time the film is made it cannot yet be classified. So we think this gets the balance right.

I thank the shadow Attorney-General for his support of the legislation and all other speakers for their support. The bill will make it easier for the police to enforce the current legislation, and it gets the balance right as far as film-makers are concerned as well. I wish this bill a speedy passage.

Motion agreed to.

Read second time.

Consideration in detail

Clause 1

Mr HULLS (Attorney-General) -- I move:

1. Clause 1, page 2, line 13, after --publications-- insert --and provide further for those matters--.

2. Clause 1, page 2, line 14, after --consequential-- insert --and other--.

Briefly in relation to the amendments, the amendments will ensure that the legislation does not, in its interpretation, inadvertently capture films and the production of films that involve some form of sexual activity involving people under the age of 18 that would normally be classified as appropriate films. In moving the amendments we are ensuring that those films that are objectionable -- and objectionable publications and other objectionable material but particularly in relation to films -- will be classified as objectionable films if under the federal scheme they would be classified X or RC -- that is, 'refused classification'.

We believe that is in line with other states. We believe that is appropriate.

It will ensure that coming-of-age films such as Blue Lagoon and the like can continue to be made here in Victoria, but will ensure that the balance being sought to be struck is indeed achieved -- that is, that films that are objectionable and films that do not get classified under the commonwealth scheme or would not get a classification under the commonwealth scheme or indeed are classified X or would be classified X under the commonwealth scheme are still in the definition of 'objectionable material'.

That is why I have moved an amendment to the classification legislation and a similar amendment in relation to the Crimes Act, giving a defence to a crime involving child pornography if indeed the material is appropriately classified -- that is, is classified other than X or RC.

Amendments agreed to; amended clause agreed to.

Clause 2

Mr HULLS (Attorney-General) -- I move:

3. Clause 2, line 18, omit --12-- and insert --13--.

4. Clause 2, line 21, omit --12-- and insert --13--.

Amendments agreed to; amended clause agreed to; clauses 3 to 7 agreed to.

Clause 8

Mr HULLS (Attorney-General) -- I move:

5. Clause 8, line 15, after --RC-- insert --or X--.

Amendment agreed to; amended clause agreed to; clause 9 agreed to.

Clause 10

Mr HULLS (Attorney-General) -- I move:

6. Clause 10, lines 3 to 10, omit all words and expressions on these lines and insert --

'(a) in the definition of --objectionable film--, paragraph (b) is repealed;

(b) in the definition of --objectionable publication--, paragraph (c) is repealed.

(2) In section 56 of the Principal Act, in the definition of --objectionable material--, paragraph (c)(ii) is repealed.'.

Amendment agreed to; amended clause agreed to.

Clause 11

Mr HULLS (Attorney-General) -- I move:

7. Clause 11, page 11, line 4, omit --12-- and insert --13--.

8, Clause 11, page 11, line 15, omit --12-- and insert --13--.

9. Clause 11, page 12, line 24, omit --12-- and insert --13--.

10. Clause 11, page 12, line 29, omit --12-- and insert --13--.

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Amendments agreed to; amended clause agreed to.

Clause 12

Mr HULLS (Attorney-General) -- I move:

11. Clause 12, after line 7 insert --

'(1) In section 68(1A) of the Crimes Act 1958, after --X-- (where twice occurring) insert --or X 18+--.

(2) In section 69(2) of the Crimes Act 1958, after --X-- insert --or X 18+--.'.

12. Clause 12, line 9, after ' --X-- ' insert --(where twice occurring)--.

Amendments agreed to; amended clause agreed to.

New clause

Mr HULLS (Attorney-General) -- I move:

13. Insert the following clause to follow clause 11:

'AA. Amendment of the Crimes Act 1958

(1) In section 67A of the Crimes Act 1958, in the definition of --child pornography--, for --looks like-- substitute --appears to be--.

(2) After section 68(1) of the Crimes Act 1958 insert --

--(1A) It is a defence to a prosecution for an offence against sub-section (1) to prove, in the case of --

(a) a film; or

(b) a photograph contained in a publication; or

(c) a computer game --

that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or would, if classified, be classified other than RC or X.--.

(3) At the end of section 69 of the Crimes Act 1958 insert --

--(2) It is a defence to a prosecution for an offence against sub-section (1) to prove, in the case of --

(a) a film; or

(b) a photograph contained in a publication; or

(c) a computer game --

that at the time of the alleged offence the film, publication or computer game would, if classified, be classified other than RC or X.--.

(4) In section 70(2)(a) of the Crimes Act 1958, after --X-- insert --or would, if classified, be classified other than RC or X--.'.

New clause agreed to.

Bill agreed to with amendments.

Remaining stages

Passed remaining stages.

***

Some thoughts concerning the above.

In the opening speech, Bruce Mildenall (Labor Party) says:

I note that in an article that appeared in the Herald Sun of 2 December last year Mr Atkinson, a member for Koonung Province in another place, has proposed that X-rated videos, films and publications which are not permitted to be sold in Victoria and other states should be able to be put on sale in Victoria. He was quoted as saying that he was willing to introduce a private member's bill to pressure the government to change the law.

Again, picking up a theme from question time, this is an extraordinary policy proposition that has been put as an alternative to current government and indeed national approaches to the distribution of this material -- a very controversial proposal. I am sure the house will be very interested to hear whether Liberal Party speakers on this matter agree with Mr Atkinson that X-rated videos ought to be widely sold in Victoria as a matter of course, and that the government should allow such practice. I am sure the Victorian community would be interested in the Liberal Party's views on this matter and as to whether the views of Mr Atkinson are in fact those of the opposition, because this is particularly germane to this legislation. What we are talking about here is a national approach to these matters, a community consensus across the nation about these matters; but it seems that the Liberal Party, or parts of it, would seek to break that national consensus and enable this material to be widely available. Does the Liberal Party as a whole agree with that? What is the attitude to Mr Atkinson's private members bill? I am sure the community will be very interested to know that. But in the meantime the government will proceed with this very sound -- it is complex but sound -- and stable legislation.

This is in response to this petition presented in December 2004 by Bruce Atkinson (Liberal Party).

Title: Classification guidelines: films
House: Council
Activity: Petition
Members: Atkinson
Date: 1 December 2004
Page: 1607

Classification guidelines: films

Hon. B. N. ATKINSON (Koonung) presented petition from certain citizens of Victoria requesting that the Legislative Council amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 to allow adult films classified X to be sold from restricted premises in Victoria (4788 signatures).

Quite why Bruce Mildenhall (Labor Party) considers this proposal to be:

"...... an extraordinary policy proposition that has been put as an alternative to current government and indeed national approaches to the distribution of this material -- a very controversial proposal."

It seems that this is a very sensible idea. It is perfectly legal for Victorians to purchase X18+ rated films by mail order from the ACT or NT, yet it is illegal to purchase them in the State. This has not prevented unclassified hardcore films being widely available for sale/rent in the Victoria. Compare this with the ACT where it is near impossible to find an Adult film that has not been rated by the OFLC.

Nicholas Kotsiras (Liberal Party) parrots the usual scare tactics used against games. He mentions MANHUNT, but seems unaware that it has been banned in Australia. 

In GRAND THEFT AUTO: VICE CITY he claims:

"..... you can pick up a prostitute and have sex with her in the back of your stolen car"

Not in Australia! Due to the lack of a R18+ rating for games, this game play was removed from the game prior to submission to the OFLC.

As for the other games he mentions.

RUMBLE ROSES was rated M 15+ (Sexual References, Medium Level Animated Violence) by the OFLC.

The sexual references in THE GUY GAME would probably be enough to see to it banned in Australia.

According to the online sources JFK RELOADED is only available as a download from the Traffic website. 

Elizabeth Powell (National Party) mentions the campaign against a Club X store opening in Shepparton. This is part of a push by the Christian Right to try and prevent Adult stores from operating in Australia.

The game that Jude Perera (Labor Party) mentions would seem to be NARC. This was covered above. He claims:

" These types of games glamorise drug addiction and could be triggers for psychotic behaviour."

Finally, it was good to see Andrew Leighton (Labor Party) speak out in favour of an R18+ rating for games.

***

Title: CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) (AMENDMENT) BILL

House: Council
Activity: 
Members: 
Date: 23 March 2005
Page: 82

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) (AMENDMENT) BILL

Introduction and first reading

Received from Assembly.

Read first time for Hon. J. M. MADDEN (Minister for Sport and Recreation) on motion of

Hon. M. R. Thomson.

***

Speakers here are:
Justin Madden, Minister for Sport and Recreation, Minister for Commonwealth Games (Labor Party).
John Lenders, Minister for Finance, Minister for Major Projects, Minister for WorkCover and Leader of the Government (Council) (Labor Party).

Title: CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) (AMENDMENT) BILL

House: Council
Activity: Second Reading
Members: Madden
Date: 24 March 2005
Page: 45

For Hon. J. M. MADDEN (Minister for Sport and Recreation), Mr Lenders (Minister for Finance) -- I move:

That, pursuant to sessional order 34, the second-reading speech be incorporated into Hansard.

Some minor technical amendments to this bill were passed in the Legislative Assembly dealing with definitions. They are included in the second-reading speech being presented here today.

Motion agreed to.

Mr LENDERS (Minister for Finance) -- I move:

That the bill be now read a second time.

Incorporated speech as follows:

The Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Bill makes a number of miscellaneous amendments to improve the operation of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 ('the act').

The bill makes amendments to:

implement uniform classification types for films and computer games as agreed to by all censorship ministers;

improve the operation and effectiveness of enforcement action under the act; and

increase victim age thresholds from 'under 16' to 'under 18' in compliance with International Labour Organisation Convention 182 on the Worst Forms of Child Labour.

Victoria participates in a national classification scheme for the classification of films, publications and computer games. The national classification scheme assists consumers to choose films and computer games by assigning a classification and consumer advice to classified products.

In particular, many parents rely on the classification scheme to make viewing decisions for their children.

The national classification scheme is a cooperative arrangement between the commonwealth, states and territories and was established by commonwealth legislation -- the Classification (Publications, Films and Computer Games) Act 1995 ('the commonwealth act'). The commonwealth act provides that the classification board classifies films (including videos and DVDs), computer games, and certain publications in accordance with the National Classification Code and the classification guidelines. The states and territories enforce classification decisions under their respective enforcement legislation.

Given the cooperative nature of the scheme, when agreement is reached to amend the scheme, it is then necessary for each jurisdiction to correspondingly amend their legislation. This bill contains amendments of this nature.

In 2003, new classification guidelines were released which merged the classification guidelines for films and computer games in recognition of converging digital media. However, the names used to describe each classification category still differed between films and computer games. To support the new guidelines, it was recognised that legislative amendments would be required to provide for a consistent set of classification symbols and names for films and computer games. In March 2004, all state, territory and commonwealth censorship ministers undertook to make the necessary legislative amendments.

In May 2004, the commonwealth passed the Classification (Publications, Films and Computer Games) Amendment Act 2004 ('the commonwealth amendment act'). These amendments implement common classification types for films and computer games and are consistent with the agreement of censorship ministers.

The change to the names of the classification types does not affect the type of material permitted in each classification.

This bill complements the commonwealth amendment act and will commence at the same time. The bill implements uniform classification categories for films and computer games which will significantly assist consumer decision making regarding classified products. The amendments replace references to the old classification category types with the new.

Accordingly, references to the old computer game classifications of G(8+), M(15+) and MA(15+) are replaced by PG, M and MA 15+ respectively. Similarly, references to film classifications of MA, R and X are replaced by MA 15+, R 18+ and X 18+. The new common classification types for films and computer games will be known as G, PG, M, MA 15+ and RC (Refused Classification).The R 18+ and X 18+ categories will apply only to films.

The sale, hire and exhibition of RC and X 18+ films will continue to be illegal in Victoria.

The implementation of uniform classification categories for films and computer games will fulfil several important objectives. Research conducted by the Office of Film and Literature Classification (OFLC) indicates that there is strong community awareness and understanding of the film classification scheme. However, in contrast, only 43 per cent of the population are even aware that computer games are classified. The introduction of uniform classification category names for films and computer games will enhance community awareness and understanding of computer game classification by utilising the well-known and well-understood film classification types. In particular, parents will benefit by only having to understand one set of classification names and will therefore be better informed to choose suitable computer games for their children.

The modified classification type names have been devised so as to create a useful distinction between those classification

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types which are advisory in nature and those to which legally enforceable restrictions apply. The classification types which include reference to an age -- i.e. MA 15+ and R 18+ -- indicate that legally enforceable age restrictions apply. Whereas G, PG and M are advisory in nature. Given there is a substantial difference in the material permitted in the legally restricted classifications this amendment is likely to be of great assistance to consumers.

The use of the age descriptors to denote legally enforceable age restrictions also helps consumers differentiate between the M and MA classification. OFLC research indicates a high level of confusion as many consumers think M and MA are the same. The age descriptor is now attached only to MA 15+ thereby indicating that this is a legally enforceable age restriction whereas M is advisory.

A more accessible and understandable classification scheme as proposed by this bill will assist consumers in choosing classified products. Uniform classification type names for films and computer games makes sense for busy parents who will now only need to be familiar with one set of classification terms.

Forfeiture

This bill makes a number of amendments to the act which will improve the effectiveness of enforcement action under the act.

In particular, this bill amends the act to provide an additional means to trigger forfeiture of seized items to the Crown.

The bill inserts new forfeiture provisions that will apply where a person has been found guilty of a classification offence (or offences) involving 10 or more films, publications or computer games. The offence must involve one of the following:

films classified RC or X 18+; or

publications or computer games classified RC; or

objectionable films or objectionable publications.

Forfeiture then applies to those films, publications or computer games that were seized at the same time and same premises as the films, publications or computer games which relate to the offences.

However, the bill provides safeguards against forfeiture of items which are not banned which can be returned by order of the Magistrates Court.

Evidentiary certificates

Some minor amendments to the evidentiary provisions have also been considered necessary, to ensure that prosecutions do not fail for technical reasons. Section 78 of the act gives evidentiary force to certificates granted under the commonwealth act. These certificates state the relevant classification (if any) of the film, publication or computer game and are required to prove offences under the act. The proposed amendments to section 78 make it clear that copy certificates are acceptable, and that a certificate can be relied upon in a prosecution under the act as evidence of classification (or non-classification) at a date or dates in the past.

The bill also contains some minor amendments which for the avoidance of doubt explicitly provide that an evidentiary certificate obtained in respect of a particular film, publication or computer game similarly applies to copies which have identifying particulars which correlate with the particulars listed on the certificate (for example in the case of a film, title, running time, producer et cetera).

Child exploitation

The final amendments in the bill address child exploitation and compliance with the objectives of the International Labour Organisation Convention 182 on the Worst Forms of Child Labour. The convention seeks to eliminate the worst forms of child labour, including the use, procuring or offering of a child (under 18) for prostitution, production of pornography or for pornographic purposes.

The Victorian government strongly supports ratification of this convention. Promoting the physical, sexual, emotional and psychological safety of all young people is a priority for this government.

The bill ensures that Victorian laws meet the objectives of the convention by providing that existing criminal offences concerning children and pornography apply to children under 18 rather than 16.

The house amendments (passed in the Legislative Assembly) clarify the scope of the definitions of 'obj