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CMN228 > Session 10 > Flashcards

Session 10 Flashcards

1
Q

Is stalking an offence?

A

Yes.

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2
Q

What was the first state in Australia to enact anti stalking laws?

A

Queensland.

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3
Q

What is a defence for stalking?

A

“Reasonable conduct engaged in by a person for the person’s lawful trade, business or occupation.”

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4
Q

Why do journalists and other writers have a defence for stalking?

A

“Reasonable conduct engaged in by a person for the person’s lawful trade, business or occupation.”

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5
Q

Why may journalists be accused of stalking?

A

If they are hanging around outside a premises waiting for a person or phoning a person.

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6
Q

Is it a serious offence to store pornography depicting illegal acts, illegal?

A

Yes.

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7
Q

What is an example of an illegal sexual act?

A

Paedophilia.

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8
Q

Is it illegal to download porn even if a story was for public benefit?

A

Yes.

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9
Q

What are laws of obscenity about?

A

Public decency and community standards.

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10
Q

What are laws about obscenity covered under?

A

Regulations and the common law offence of publishing an obscene document.

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11
Q

Do mainstream publications have to be suitable for general consumption?

A

Yes.

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12
Q

Are greater liberties taking for whether an artistic work is obscene?

A

Yes.

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13
Q

Who classifies whether artistic works are obscene?

A

Office of Film and Literature Classification.

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14
Q

What is considered obscene/pornographic depends largely on?

A

The context in which it is presented, the likely audience and contemporary standards.

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15
Q

What are two things considered obscene?

A

NT advertising compaign CU in the NT or Wicked Campers.

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16
Q

Is it an offence (in all states) to use or publish obscene language in public?

A

Yes.

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17
Q

What is the penalty or using or publishing obscene language?

A

2 two jails (5 years if it corrupts morals of under 16, 10 years for under 12).

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18
Q

What is the crime of obscenity under?

A

Criminal Code Act 1899.

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19
Q

What do laws classifying material as adult only or r mean?

A

Material can only be sold to, or screenings can be attended by, people over the age of 18.

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20
Q

What does the Federal Government classify website content along with?

A

The same lines as literature and film classification.

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21
Q

Who rates websites for classification?

A

Australian Communications and Media Authority (ACMA)

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22
Q

Who makes classification decisions about films, computer games and publications under the Classification Act & the Broadcasting Services Act for internet content?

A

Australian Classification Board. .

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23
Q

What else does the Australian Classification Board make decisions for?

A

It makes decisions about film festivals, fee waivers and other items ‘for the public good’.

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24
Q

Is refused classification a category for classification?

A

Yes.

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25
Q

What does refused classification?

A

The material has been classified and has been refused classification.

26
Q

What is material that has been refused classification also known as?

A

Banned or prohibited.

27
Q

Can material that is refused classification be sold?

A

No.

28
Q

Can material that is refused classification be hired?

A

No.

29
Q

Can material that is refused classification be advertised?

A

No.

30
Q

When can applicants apply to Classification Review Board?

A

If unsatisfied with outcome of their application to the Classification Board.

31
Q

What was the National Security Legislation Amendments Act 2014 was amended to change?

A

Provisions in at least 10 existing acts including ASIO Act, Administrative Appeals Tribunal Act, Australian Postal Corporation Act, Crimes Act.

32
Q

How long in jail may a person face if they disclose information relating to a special intelligence operation?

A

5-10 jail.

33
Q

Is copying, transcribing or retaining ASIO records is also outlawed?

A

Yes.

34
Q

Why is copying, transcribing or retaining ASIO records outlawed?

A

It is seen as a response to the leaking of classified documents by whistle blowers.

35
Q

Is reporting on national security matters being restricted?

A

Yes.

36
Q

Is more power being granted to surveillance agencies?

A

Yes.

37
Q

Has surveillance agencies power to monitor computers increased?

A

Yes.

38
Q

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?

A

Section 24D.

39
Q

What is the punishment for publishing seditious words with the intent of causing public disorder and violence?

A

3 years.

40
Q

What do seditious words include?

A

Word inciting hatred against the Queen or government or exciting disaffection against the Commonwealth Constitution.

41
Q

What year was the last sedition charge in Australia?

A

1953.

42
Q

What happened to the last sedition charge in Australia?

A

It was demised.

43
Q

Why were the sedition laws revised by the Commonwealth in 2006?

A

As part of a package of anti-terrorism laws.

44
Q

What do the changes in sedition laws make it an offence to do?

A

‘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.

45
Q

What are the penalties for sedition?

A

7 years jail.

46
Q

How long is the ASIO allowed to detain people without charge?

A

7 days.

47
Q

Is a new period of detention allowed for people being detained by the ASIO after the initial period expires?

A

Yes.

48
Q

Is it an offence to reveal that person is being held/questioned by the ASIO?

A

Yes.

49
Q

What is the punishment for revealing somebody is being held/questioned by the ASIO?

A

5 years imprisonment.

50
Q

Are Australian racial vilification and discrimination laws strict?

A

Yes, they are relatively strict.

51
Q

What level laws deal with what can be broadcast on radio and television?

A

Federal, state and territory as well as regulation.

52
Q

What does the Federal Racial Discrimination Act 1975 prohibit?

A

“Conduct” based on a person’s race, skin colour, nationality or ethnic origin if that conduct is likely to offend, insult, humiliate or intimidate.

53
Q

What is conduct defined as including under the racial discrimination act?

A

“Conduct” is defined as including graffiti, speeches, posters, verbal abuse and published comment.

54
Q

Under Australian laws, what does discrimination mean?

A

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.

55
Q

What is the federal legislation regarding discrimination?

A

Racial Discrimination Act 1995

56
Q

What is the state legislation regarding discrimination?

A

Anti-Discrimination Act 1991

57
Q

What are breaches of the Racial Discrimination Act dealt with by?

A

Federal Court.

58
Q

Are there specific state laws that aim to prevent discrimination on the grounds of sex or sexual preference, religion, disability and age?

A

Yes.

59
Q

Are there exemptions for discrimination if it is covering debate/news coverage of public interest?

A

Yes. Fair and accurate reports of a racist act allowed, as is fair comment on a matter of public interest,

60
Q

Who is allowed to discriminate against homosexual and transgender people and certain other classes?

A

Faith based organisations if it is necessary to avoid injury to the religious sensitivities of adherents of that religion.

61
Q

Are you allowed to discriminate against homosexuals as a faith based organisation?

A

Yes.

62
Q

Are you allowed to discriminate against transgenders as a faith based organisation?

A

Yes.

CMN228 (11 decks)

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