Session 10 Flashcards
Is stalking an offence?
Yes.
What was the first state in Australia to enact anti stalking laws?
Queensland.
What is a defence for stalking?
“Reasonable conduct engaged in by a person for the person’s lawful trade, business or occupation.”
Why do journalists and other writers have a defence for stalking?
“Reasonable conduct engaged in by a person for the person’s lawful trade, business or occupation.”
Why may journalists be accused of stalking?
If they are hanging around outside a premises waiting for a person or phoning a person.
Is it a serious offence to store pornography depicting illegal acts, illegal?
Yes.
What is an example of an illegal sexual act?
Paedophilia.
Is it illegal to download porn even if a story was for public benefit?
Yes.
What are laws of obscenity about?
Public decency and community standards.
What are laws about obscenity covered under?
Regulations and the common law offence of publishing an obscene document.
Do mainstream publications have to be suitable for general consumption?
Yes.
Are greater liberties taking for whether an artistic work is obscene?
Yes.
Who classifies whether artistic works are obscene?
Office of Film and Literature Classification.
What is considered obscene/pornographic depends largely on?
The context in which it is presented, the likely audience and contemporary standards.
What are two things considered obscene?
NT advertising compaign CU in the NT or Wicked Campers.
Is it an offence (in all states) to use or publish obscene language in public?
Yes.
What is the penalty or using or publishing obscene language?
2 two jails (5 years if it corrupts morals of under 16, 10 years for under 12).
What is the crime of obscenity under?
Criminal Code Act 1899.
What do laws classifying material as adult only or r mean?
Material can only be sold to, or screenings can be attended by, people over the age of 18.
What does the Federal Government classify website content along with?
The same lines as literature and film classification.
Who rates websites for classification?
Australian Communications and Media Authority (ACMA)
Who makes classification decisions about films, computer games and publications under the Classification Act & the Broadcasting Services Act for internet content?
Australian Classification Board. .
What else does the Australian Classification Board make decisions for?
It makes decisions about film festivals, fee waivers and other items ‘for the public good’.
Is refused classification a category for classification?
Yes.
What does refused classification?
The material has been classified and has been refused classification.
What is material that has been refused classification also known as?
Banned or prohibited.
Can material that is refused classification be sold?
No.
Can material that is refused classification be hired?
No.
Can material that is refused classification be advertised?
No.
When can applicants apply to Classification Review Board?
If unsatisfied with outcome of their application to the Classification Board.
What was the National Security Legislation Amendments Act 2014 was amended to change?
Provisions in at least 10 existing acts including ASIO Act, Administrative Appeals Tribunal Act, Australian Postal Corporation Act, Crimes Act.
How long in jail may a person face if they disclose information relating to a special intelligence operation?
5-10 jail.
Is copying, transcribing or retaining ASIO records is also outlawed?
Yes.
Why is copying, transcribing or retaining ASIO records outlawed?
It is seen as a response to the leaking of classified documents by whistle blowers.
Is reporting on national security matters being restricted?
Yes.
Is more power being granted to surveillance agencies?
Yes.
Has surveillance agencies power to monitor computers increased?
Yes.
In Australia, what section of the federal Crimes Act makes it an offence to publish seditious words with the intent of causing public disorder and violence?
Section 24D.
What is the punishment for publishing seditious words with the intent of causing public disorder and violence?
3 years.
What do seditious words include?
Word inciting hatred against the Queen or government or exciting disaffection against the Commonwealth Constitution.
What year was the last sedition charge in Australia?
1953.
What happened to the last sedition charge in Australia?
It was demised.
Why were the sedition laws revised by the Commonwealth in 2006?
As part of a package of anti-terrorism laws.
What do the changes in sedition laws make it an offence to do?
‘Urge’ others to overthrow the government, interfere with elections by force or violence, incite one group in the community to use violence against another, or help an enemy.
What are the penalties for sedition?
7 years jail.
How long is the ASIO allowed to detain people without charge?
7 days.
Is a new period of detention allowed for people being detained by the ASIO after the initial period expires?
Yes.
Is it an offence to reveal that person is being held/questioned by the ASIO?
Yes.
What is the punishment for revealing somebody is being held/questioned by the ASIO?
5 years imprisonment.
Are Australian racial vilification and discrimination laws strict?
Yes, they are relatively strict.
What level laws deal with what can be broadcast on radio and television?
Federal, state and territory as well as regulation.
What does the Federal Racial Discrimination Act 1975 prohibit?
“Conduct” based on a person’s race, skin colour, nationality or ethnic origin if that conduct is likely to offend, insult, humiliate or intimidate.
What is conduct defined as including under the racial discrimination act?
“Conduct” is defined as including graffiti, speeches, posters, verbal abuse and published comment.
Under Australian laws, what does discrimination mean?
To make an unjust or prejudicial distinction in the treatment of different categories of people, especially on grounds of race, skin colour, racial/national/ethnic origin, gender, sexual preference, age/ability.
What is the federal legislation regarding discrimination?
Racial Discrimination Act 1995
What is the state legislation regarding discrimination?
Anti-Discrimination Act 1991
What are breaches of the Racial Discrimination Act dealt with by?
Federal Court.
Are there specific state laws that aim to prevent discrimination on the grounds of sex or sexual preference, religion, disability and age?
Yes.
Are there exemptions for discrimination if it is covering debate/news coverage of public interest?
Yes. Fair and accurate reports of a racist act allowed, as is fair comment on a matter of public interest,
Who is allowed to discriminate against homosexual and transgender people and certain other classes?
Faith based organisations if it is necessary to avoid injury to the religious sensitivities of adherents of that religion.
Are you allowed to discriminate against homosexuals as a faith based organisation?
Yes.
Are you allowed to discriminate against transgenders as a faith based organisation?
Yes.
