Session 10

Question 1

Is stalking an offence?

Answer 1

Yes.

Question 2

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

Answer 2

Queensland.

Question 3

What is a defence for stalking?

Answer 3

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

Question 4

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

Answer 4

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

Question 5

Why may journalists be accused of stalking?

Answer 5

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

Question 6

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

Answer 6

Yes.

Question 7

What is an example of an illegal sexual act?

Answer 7

Paedophilia.

Question 8

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

Answer 8

Yes.

Question 9

What are laws of obscenity about?

Answer 9

Public decency and community standards.

Question 10

What are laws about obscenity covered under?

Answer 10

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

Question 11

Do mainstream publications have to be suitable for general consumption?

Answer 11

Yes.

Question 12

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

Answer 12

Yes.

Question 13

Who classifies whether artistic works are obscene?

Answer 13

Office of Film and Literature Classification.

Question 14

What is considered obscene/pornographic depends largely on?

Answer 14

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

Question 15

What are two things considered obscene?

Answer 15

NT advertising compaign CU in the NT or Wicked Campers.

Question 16

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

Answer 16

Yes.

Question 17

What is the penalty or using or publishing obscene language?

Answer 17

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

Question 18

What is the crime of obscenity under?

Answer 18

Criminal Code Act 1899.

Question 19

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

Answer 19

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

Question 20

What does the Federal Government classify website content along with?

Answer 20

The same lines as literature and film classification.

Question 21

Who rates websites for classification?

Answer 21

Australian Communications and Media Authority (ACMA)

Question 22

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

Answer 22

Australian Classification Board. .

Question 23

What else does the Australian Classification Board make decisions for?

Answer 23

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

Question 24

Is refused classification a category for classification?

Answer 24

Yes.

Question 25

What does refused classification?

Answer 25

The material has been classified and has been refused classification.

Question 26

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

Answer 26

Banned or prohibited.

Question 27

Can material that is refused classification be sold?

Answer 27

No.

Question 28

Can material that is refused classification be hired?

Answer 28

No.

Question 29

Can material that is refused classification be advertised?

Answer 29

No.

Question 30

When can applicants apply to Classification Review Board?

Answer 30

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

Question 31

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

Answer 31

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

Question 32

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

Answer 32

5-10 jail.

Question 33

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

Answer 33

Yes.

Question 34

Why is copying, transcribing or retaining ASIO records outlawed?

Answer 34

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

Question 35

Is reporting on national security matters being restricted?

Answer 35

Yes.

Question 36

Is more power being granted to surveillance agencies?

Answer 36

Yes.

Question 37

Has surveillance agencies power to monitor computers increased?

Answer 37

Yes.

Question 38

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?

Answer 38

Section 24D.

Question 39

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

Answer 39

3 years.

Question 40

What do seditious words include?

Answer 40

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

Question 41

What year was the last sedition charge in Australia?

Answer 41

1953.

Question 42

What happened to the last sedition charge in Australia?

Answer 42

It was demised.

Question 43

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

Answer 43

As part of a package of anti-terrorism laws.

Question 44

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

Answer 44

'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.

Question 45

What are the penalties for sedition?

Answer 45

7 years jail.

Question 46

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

Answer 46

7 days.

Question 47

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

Answer 47

Yes.

Question 48

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

Answer 48

Yes.

Question 49

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

Answer 49

5 years imprisonment.

Question 50

Are Australian racial vilification and discrimination laws strict?

Answer 50

Yes, they are relatively strict.

Question 51

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

Answer 51

Federal, state and territory as well as regulation.

Question 52

What does the Federal Racial Discrimination Act 1975 prohibit?

Answer 52

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

Question 53

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

Answer 53

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

Question 54

Under Australian laws, what does discrimination mean?

Answer 54

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.

Question 55

What is the federal legislation regarding discrimination?

Answer 55

Racial Discrimination Act 1995

Question 56

What is the state legislation regarding discrimination?

Answer 56

Anti-Discrimination Act 1991

Question 57

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

Answer 57

Federal Court.

Question 58

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

Answer 58

Yes.

Question 59

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

Answer 59

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

Question 60

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

Answer 60

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

Question 61

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

Answer 61

Yes.

Question 62

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

Answer 62

Yes.