Senate debates Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Bill 2007

In Committee


Joe Ludwig

Joe Ludwig Queensland, Australian Labor Party, Manager of Opposition Business in the Senate

12:30 pm

I take it from that that the answer is: ‘No, we’re not importing a reasonable person test.’ Therefore, in those instances we are not importing a reasonable person test. The Attorney-General maybe needs to go back to the start of law school, because he said:

Labor is saying it should only be taken into account how a reasonable person might see it—I think that’s a major weakness.

That is wrong, both in your view and in my view. What we now have is the government saying that in this instance the Attorney-General can put himself in the position of a mentally impaired person to determine whether that legislation would work and how the Classification Review Board would view it. I cannot do that, quite frankly. Maybe Senator Johnston can. In that respect, I cannot add any more. Our position would be to allow the Classification Review Board to determine it, as they argued in their submission.

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