Overview
Australia is a federation, and responsibility for censorship is divided between the states and the federal government. 'Australia maintains some of the most restrictive Internet policies of any Western country and over the past two years has taken steps toward a nationwide mandatory Internet filtering scheme' (OpenNet Initiative, 2012) [CA-1].
The Federal Parliament is the body that makes laws for Australia. It has three distinct parts: the House of Representatives, the Senate and the Queen (represented in Australia by the Governor-General). Hence, it has the power under the Australian Constitution to make laws relating to communications and customs. Broadcast media (television and radio) and online services (the internet) are regulated by the federal government under the communications power. In addition, the federal government also regulates the import and export of printed matter, audiovisual recordings and computer games under the customs power. Although 'the Commonwealth can use its customs powers to regulate what is imported into Australia, it does not have a direct head of power to deal with censorship' (Griffith G., 2002) [CA-2]. Hence, 'the states are responsible for regulation of production and sale of audiovisual recordings, computer games and printed matter' (Australian Information Industry Association (AIIA)) [CA-3].
In light of this, the states, territories and federal government have agreed 'to establish a co-operative national classification scheme to ensure national consistency throughout Australia and also to reduce the chance of duplicating a policy that has already been established. Under this scheme, the Australian Classification Board (a federal body) classifies works. Federal law enforces these classifications with respect to customs, and online services. (Broadcast media are not under the purview of the Classification Board, but rather a separate federal agency, ACMA.)' (Australian Law Reform Commission Website) [CA-4]. Since the federal Parliament has no power to criminalise the domestic sale or exhibition of printed matter within the States, the States and Territories, as part of the scheme, pass their own laws criminalising such sale and exhibition. Although they have delegated their censorship responsibility in general to the Commonwealth, they reserve the legal right in specific cases to either:
The Federal Parliament is the body that makes laws for Australia. It has three distinct parts: the House of Representatives, the Senate and the Queen (represented in Australia by the Governor-General). Hence, it has the power under the Australian Constitution to make laws relating to communications and customs. Broadcast media (television and radio) and online services (the internet) are regulated by the federal government under the communications power. In addition, the federal government also regulates the import and export of printed matter, audiovisual recordings and computer games under the customs power. Although 'the Commonwealth can use its customs powers to regulate what is imported into Australia, it does not have a direct head of power to deal with censorship' (Griffith G., 2002) [CA-2]. Hence, 'the states are responsible for regulation of production and sale of audiovisual recordings, computer games and printed matter' (Australian Information Industry Association (AIIA)) [CA-3].
In light of this, the states, territories and federal government have agreed 'to establish a co-operative national classification scheme to ensure national consistency throughout Australia and also to reduce the chance of duplicating a policy that has already been established. Under this scheme, the Australian Classification Board (a federal body) classifies works. Federal law enforces these classifications with respect to customs, and online services. (Broadcast media are not under the purview of the Classification Board, but rather a separate federal agency, ACMA.)' (Australian Law Reform Commission Website) [CA-4]. Since the federal Parliament has no power to criminalise the domestic sale or exhibition of printed matter within the States, the States and Territories, as part of the scheme, pass their own laws criminalising such sale and exhibition. Although they have delegated their censorship responsibility in general to the Commonwealth, they reserve the legal right in specific cases to either:
- reclassify works,
- prohibit works that the Classification Board has allowed, or
- allow works that the Classification Board has prohibited.