|Letter from the OFFICE OF THE ATTORNEY GENERAL (NSW)
||[May. 13th, 2008|04:08 pm]
Received today :-|
New South Wales
OFFICE OF THE ATTORNEY GENERAL
MINISTER FOR JUSTICE
File No: 08/1115
Our Ref: D08/3827
09 May 2008
Dear Mr Bain
I refer to your email to the Premier about your support for the
availability of X-rated non-violent erotic films from adult shops. The
Premier has forwarded your letter to the Attorney General, the
Honourable John Hatzistergos MLC, who has asked me to respond on his
In NSW the Classification (Publications, Films and Computer Games)
Enforcement Act 1995 (the Act) gives effect to the national scheme for
the classification of publications, films and computer games. The
scheme is a co-operative one, requiring the agreement of all the
Commonwealth, State and Territory Censorship Ministers if changes are
to be made to the National Classification Code or the classification
The objectives of the co-operative scheme are better advanced if all
States agree to changes in the enforcement of the classification
decisions in their respective jurisdictions. These objectives include
the imposition of uniform censorship laws in Australia. A national
approach ideally respects the principle that adults should be entitled
to read, hear and see the material of their choice in private. This
is subject to adequate protection against persons being exposed to
unsolicited material offensive to them and preventing conduct which
exploits, or is detrimental to the rights of, others, particularly
women and children.
In this State and in all other Australian States, X-Rated material is
regarded as 'refused classification'. In NSW the law only permits
X-rated films to be possessed for personal use. It is prohibited
under the Act to sell, rent, display or exhibit an unclassified or
'refused classification' film or video. Contravention of this
prohibition constitutes an offence.
Although the sale of X-rated films to adults 18 years of age or older
is legal in the Australian Capital Territory and the Northern
Territory, this is not a matter which the NSW Government can regulate.
Permitting the sale of X-rated films within NSW would be a significant
departure from the current classification regime.
Whist there are no proposals to change the existing prohibition on the
sale or pubic exhibition of X-rated films in NSW, you may be assured
that the Government will not move to change the current ban without
first providing the opportunity for the community to fully consider
any such proposal.
The Attorney General will continue to support a national approach in
regards to the availability of adult films and other material, which
is consistent with the principle outlined above.
I thank you for bringing your views to the attention of the Attorney
Barry Collier MP
Assisting the Attorney General and the Minister for Justice
E&OE - There are hopefully no errors in transcribing the text of the
document from paper.