❓ Hon Peter Foss raises concerns about a loophole in the Community Protection (Offender Reporting) Act 2004 regarding child pornography offences under the Censorship Act 1996. The Minister acknowledges the issue and indicates a forthcoming amendment bill will address it.
AnsweredQoN 2067Legislative Council
QuestionView source ↗
I refer to the
Community Protection (Offender Reporting) Act 2004
and in particular to Schedule 2 and the definition of Class 2 offences -
(1) Are you aware that the large number of charges recently brought under the
Censorship Act 1996
with regard to the possession of child pornography will not be caught by the reporting requirements?
(2) Are you aware that police have been trying to argue that the charges are somehow caught by the reference to the Commonwealth Act?
In view of the fact that there has plainly been an error of omission and that it is only a matter of time before the police action is challenged -
(3) Have you already given instructions for an amendment to correct this?
(4) If not, will you do so as a matter of urgency?
Community Protection (Offender Reporting) Act 2004
and in particular to Schedule 2 and the definition of Class 2 offences -
(1) Are you aware that the large number of charges recently brought under the
Censorship Act 1996
with regard to the possession of child pornography will not be caught by the reporting requirements?
(2) Are you aware that police have been trying to argue that the charges are somehow caught by the reference to the Commonwealth Act?
In view of the fact that there has plainly been an error of omission and that it is only a matter of time before the police action is challenged -
(3) Have you already given instructions for an amendment to correct this?
(4) If not, will you do so as a matter of urgency?
AnswerView source ↗
Answered
29 June 2005
Responded by
Minister for Fisheries representing the Minister for Police and Emergency Services
Response time
41 days
(2) The Western Australia Police advise there is no evidence to support this claim. (3) The Department of Justice is responsible for the administration of the Censorship Act 1996. The Western Australia Police has raised this issue with the Department of Justice. A Censorship Amendment Bill is due to be introduced into Parliament shortly which will contain provisions to resolve the current situation in respect of the Community Protection (Offender Reporting) Act 2004 in relation to child pornography offences under the Censorship Act 1996. (4) Not Applicable
(3) The Department of Justice is responsible for the administration of the Censorship Act 1996. The Western Australia Police has raised this issue with the Department of Justice. A Censorship Amendment Bill is due to be introduced into Parliament shortly which will contain provisions to resolve the current situation in respect of the Community Protection (Offender Reporting) Act 2004 in relation to child pornography offences under the Censorship Act 1996. (4) Not Applicable
A Censorship Amendment Bill is due to be introduced into Parliament shortly which will contain provisions to resolve the current situation in respect of the Community Protection (Offender Reporting) Act 2004 in relation to child pornography offences under the Censorship Act 1996. (4) Not Applicable
(4) Not Applicable
(3) The Department of Justice is responsible for the administration of the Censorship Act 1996. The Western Australia Police has raised this issue with the Department of Justice. A Censorship Amendment Bill is due to be introduced into Parliament shortly which will contain provisions to resolve the current situation in respect of the Community Protection (Offender Reporting) Act 2004 in relation to child pornography offences under the Censorship Act 1996. (4) Not Applicable
A Censorship Amendment Bill is due to be introduced into Parliament shortly which will contain provisions to resolve the current situation in respect of the Community Protection (Offender Reporting) Act 2004 in relation to child pornography offences under the Censorship Act 1996. (4) Not Applicable
(4) Not Applicable
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