Page 5339 - Week 17 - Thursday, 13 December 1990
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PUBLICATIONS CONTROL (AMENDMENT) BILL (NO. 2) 1990
Speaker's Ruling
MR SPEAKER: On Wednesday Mr Stevenson presented to the Assembly a private members' Bill entitled Publications Control (Amendment) Bill (No. 2) 1990. During the introductory proceedings, I raised with Mr Stevenson the possibility that the Bill might contravene standing order 136. However, I indicated that I had not had the opportunity to consider the Bill in detail and would reserve my ruling until I had done so. When he rose to take the adjournment of the Bill, the Attorney-General formally raised the point of order on the Bill's possible contravention of standing order 136.
I have since examined the Bill in detail and note that clause 3 of the Bill is the same as clause 3 in an earlier Bill, except that new subclause (b) has been added, which amends the definition of "publish" in the principal Act to include "distribute and transmit through the use of a facsimile machine, a computer or other electronic means". As the definition of an X-rated film in the first Bill includes "any other form of recording from which a visual image can be produced", the definition of "publish" in the principal Act, when used in relation to a film or objectionable publication, would extend to the distribution or transmission of facsimile or computer messages capable of producing a visual image of an objectionable publication or X-rated film without any express amendment of the definition.
The Bill does substantially duplicate the clauses of the earlier Bill. The object of Wednesday's Bill is the same as that of the first Bill, and any legal interpretation of the two Bills would be similar. Standing order 136 states:
The Speaker may disallow any motion or amendment which is the same in substance as any question which, during that calendar year, has been resolved in the affirmative or negative ...
Having considered the Bill introduced on Wednesday, I must conclude that it is the same in substance as that negatived by the Assembly on 24 April this year. I, therefore, call on the Attorney-General to move the appropriate motion under standing order 170.
MR COLLAERY (Attorney-General) (12.49 am): Pursuant to standing order 170, I move:
That the Publications Control (Amendment) Bill (No. 2) 1990 be withdrawn.
Question resolved in the affirmative.
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