Australian laws dating minor
If you require assistance or would like to talk to a trained professional about the issues described in this paper, please call Kids Helpline on 55 or Lifeline on 13 11 This document is provided as a guide only. Information is current up to the date of publication. Individuals are encouraged to check the currency of any information that is provided by contacting relevant departments or organisations.
Model WHS Laws
Censorship classifications. Interstate comparisons. Overview 2. Importation 3. Classification 4. Exhibition, sale and hire 5. Advertising 6. Commonwealth constitutional powers 7. The regulation of pornography is an issue that is raised frequently and one which is covered by a number of State and Commonwealth Acts. There appears to be no publication which describes the various Acts and gives an overview of all the Australian jurisdictions.
This Issues Brief seeks to provide a useful resource in gathering the relevant legislation in the one paper. The Issues Brief outlines Commonwealth, State, and Territory legislation dealing with pornography in films, videos and written material. It does not attempt a complete coverage of all sections of the relevant Acts but rather chooses some important aspects and compares the provisions of the different States and Territories.
The paper focuses on the following main issues which are dealt with in the various Acts:. It is beyond the scope of this paper to discuss regulation of newer technologies which are or may in the future be used to access pornography, such as computer programs, telephone services, and pay TV. The regulation of pornography in Australia involves some Commonwealth laws but is mainly regulated on a State and Territory level. The Commonwealth Constitution gives the Commonwealth power to legislate only in certain defined areas whereas the States have general constitutional power to legislate for the 'peace, order and good government' or an equivalent phrase of their respective jurisdictions.
Although Commonwealth legislation overrides State legislation where the two conflict, the Commonwealth has only a limited range of matters on which it may make laws, while the States' legislative powers are much wider. A brief discussion of the Commonwealth's constitutional powers in this area is included at the end of the paper. Following negotiations between the Commonwealth, State and Territory governments a new 'national' scheme for the classification of publications was put into place on 1 February These allow the Commonwealth Government to control the importation of pornography.
Also on 1 February the Commonwealth Government enacted the Classification of Publications Ordinance ACT , which used the same classification system as the Customs Prohibited Imports Regulations , and was designed as model legislation for the States and the Northern Territory to follow. There was agreement that the States and Territories should be responsible for regulating the point of sale or hire of pornographic material.
The amendments to the Customs Prohibited Imports Regulations were specifically designed to:. The Film Censorship Board is a full- time statutory board established in , headed by the statutory office of Chief Censor. By agreement the Board classifies films and videos for all jurisdictions. The legislation of each State and Territory except South Australia allows for an arrangement with the Commonwealth and defines the Censor as being the Commonwealth Censor where such an arrangement is in place.
All these jurisdictions currently have such an agreement. In South Australia a classification given by the Film Censorship Board is accepted as a classification under the relevant South Australian legislation unless the South Australian Classification of Publications Board has made a different classification. The Office is a non- statutory office established within the Attorney- General's portfolio in April Western Australia, Tasmania and Queensland operate their own classification schemes 2.
The issue of pornography has received much attention in recent years which has led to the following important reports:. Importation of pornographic material is regulated by Commonwealth legislation. T he Customs Prohibited Imports Regulations allow confiscation of some types of publications and other goods at the point of entry into Australia. The Attorney- General may give permission for goods in the above categories to be imported 6.
In granting permission the Attorney- General must however have regard to 7 ;. A person whose request to import is refused under regulation 4A 2 may apply to the Administrative Appeals Tribunal for a review of the decision 8. The Customs Cinematograph Films Regulations provide that films may not be imported unless certain conditions are complied with 9. These include applying for registration of the film within days of importation, and not exhibiting the film in a form or under a title other than that registered.
Conditions are also imposed on the importation of advertisements such as, conditions that they will not be used in any form other than the form which has been approved for importation, and that they will be used without addition or comment. An importer may apply to the Chief Censor for permission for the importation of a film or advertising matter. Where a film is refused registration or advertising material is not passed, the importer must either export the film or advertising material or destroy it under supervision, within 28 days.
Films may also be screened by 'approved organisations' at 'approved events' under the provisions of Part III of the Regulations. A person aggrieved 14 by a decision of the Censorship Board may apply to the Board of Review for review of a decision to refuse or allow importation. Each State and Territory has its own legislation and not all categories used by the Film Censorship Board are accepted in every jurisdiction. The guidelines for the classification of printed matter are in Attachment B. Western Australia, Tasmania and Queensland operate their own schemes.
Censorship legislation in the Australian Capital Territory is controlled by the Commonwealth Government. The Classification of Publications Ordinance came into force on 1 February , the same day as the amendments to the Customs Regulations. It has been amended by the Classification of Publications Amendment Ordinances of , , Nos. It was designed as model legislation for the States to follow, and covers all types of publications including films and videos.
The Publications Control Ordinance contains the offences and enforcement powers in relation to publications, previously contained in the Classification of Publications Ordinance. The Classification of Publications Ordinance is not an enactment of the A. Legislative Assembly, but an Ordinance made by the Governor- General. Although the Film Classification Act is an enactment of the A. Legislative Assembly, paragraph 23 1 g of the Australian Capital Territory Self- Government Act , only allows its classification provisions to be amended by the Federal Parliament, by way of Ordinance under the Seat of Government Administration Act The classification categories contained in the Classification of Publications Ordinance are The distinction between an 'R' and an 'X' classification is explained in the Film Censorship Board classification guidelines.
An application for the review of a classification 18 can be made by the person who applied for classification of the film, the publisher of the film, or the Attorney- General. The Films Board of Review may revoke the classification 19 of a film, on application or by its own motion. There does not appear to be any restriction on who may apply for revocation, as the section only refers to the 'applicant'.
The Board may not revoke a classification of its own motion within 12 months of making the classification. A limited exemption from being found to be an objectionable publication is available for a film which possesses literary or artistic merit or is of a medical, legal or scientific character depending on the conduct and intention of the person who has control over the film The categories of classification for publications under the Classification of Publications Ordinance are An application to review the classification 23 can be made by the person who applied for classification, the publisher of the publication or the Attorney- General.
A classification decision can also be revoked by the Publications Review Board 24 on application or by its own motion. However, the Board may not revoke a classification of its own motion within 12 months of making the classification. A publication may be granted a limited exemption from being found to be an objectionable publication ie. The New South Wales Act does not contain an 'X' rated classification and these films would fall into the refused classification category.
The Act provides films shall be refused classification where the film: Advertisements may also be subject to classification. An application for the review of a decision of the censor, 29 can be made by the person who applied for classification of the film, or the Minister. Revocation of the classification of a film 30 is by the appeal censor on her or his own motion or on application of the person who applied for classification of the film, or the Minister. Revocation cannot take place within 12 months of initial classification of the film.
In the Act was amended 31 to allow the censor to review the previous classification of a film after 2 years. Any alteration without approval to a classified film 32 after it has been classified will render it unclassified. Classification of publications other than films and videos in New South Wales are covered by the Indecent Articles, Classified Publications Act , reprinted as at 28 October In determining whether a publication should be classified as restricted, as either category 1 or 2, the classifying authority must have regard to: The Act prohibits publications 35 which: The Victorian Classification of Films and Publications Act covers the classification of all types of publications.
This new Act adopts the classification scheme used in the Classification of Publications Ordinance ACT except that it does not contain an 'X' category for films and videos and these are therefore classified as 'objectionable films'. Classification categories for films and videos are 'G', 'PG', 'M', and 'R' 36 and advertisements may also be classified. A film will be labelled an 'objectionable film' where it: An application for review of a classification decision can be made by the person who applied for the classification, the publisher of the film, the Minister, or any person aggrieved.
The Censor may also revoke a classification decision on her or his own motion or on application. The Censor may not act on her or his own motion within 12 months of the original decision. A publication will be classified as restricted where it is classified as such under the ACT Ordinance. Classification will be refused and the publication labelled objectionable where it: The Victorian Act makes no provision for review presumably because the classification of the publication made under the ACT Ordinance would also be subject to the review process of the Ordinance.
The Act is not divided into separate parts covering films and other classifications. Classification categories for films are 'G', 'PG', 'M', and 'R', and for other publications unrestricted, or restricted category 1 or 2. A publication will be classified as an 'R' film or a category 1 or 2 restricted publication as the case may be where it: Classification will be refused where the Classification of Publications Board is satisfied: Films are deemed unsuitable for classification as an 'R' film 46 if they are films which have been refused classification under a corresponding law or have had their classification revoked, or have been classified as otherwise than 'G', 'PG', 'M', or 'R' thus excluding 'X' films.
Where a publication has been altered after classification in an unauthorized manner, it will be deemed to be unclassified. An application for review of a classification decision can be made by any person. The Queensland Classification of Films Act covering classification of films and videos and the Classification of Publications Act were both assented to on 9 December The Acts are yet to be proclaimed but the Queensland Attorney- General's Department advises that they will be proclaimed in the near future.
An application for review of a classification decision can be made by the person who applied for the classification, the publisher of the film or the Minister.
The ages of consent for sexual activity vary by jurisdiction across Australia, New Zealand and Oceania, ranging from age 15 to age The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. .. There a close-in-age exemption permitting minors aged 13–15 to engage in. Australia statutory rape law is violated each of Australia's territories has local is a law designed to prevent the prosecution of underage couples who engage in.
Censorship classifications. Interstate comparisons. Overview 2.
Information on the ages used historically in western age of consent laws is not readily available.
You may be liable for prosecution through the court system if you allow a non-exempt minor onto the premises by not checking their identification ID thoroughly. Examining ID with scrutiny is essential; simply checking an ID will not protect you or your staff from prosecution if the person in the photo is very different from the person presenting the ID. It is up to you to decide what ID will be accepted to gain entry to your licensed premises.
Infosheet 7 - Making laws
Passengers arriving in Australia are required under Australian law to identify themselves and provide certain information through the completion of a passenger card. Australian law concerning completion of a passenger cards is set out in the Migration Act the Migration Act and the Migration Regulations the Migration Regulations. A passenger card is a document providing passenger identification and an effective record of a person's entry to Australia. Most passengers are required to complete and present a passenger card when entering Australia. However, particular people are exempt from completing a passenger card as prescribed in regulation 3. Australian citizens who refuse to complete an IPC may be penalised.
Ages of consent in Oceania
If you have sex with someone underage or against their will it is a serious crime, called a sexual offence. The law sets clear age limits for having sex. The age limits are designed to protect young people from being taken advantage of by older people. There are also special rules about people responsible for young people, including teachers and youth workers. Sexting — sending SMS messages containing sexual images showing anyone aged under 18 — is an offence. You could be charged with producing or distributing child pornography. Help and support is available to victims of sexual assault. If you are a young person thinking about having sex, you need to understand your rights and the law. This includes how to prevent an unplanned pregnancy and what you can do if you do get pregnant. Find out more about how the law applies to contraception and pregnancy.
For the model WHS laws to become legally binding, the Commonwealth, states and territories must separately implement them as their own laws. The model WHS laws include:.
The medical practitioner must also seek the written opinion of at least one other medical practitioner who personally examines the child before the treatment is commenced. NSW In NSW, section 49 of the Minors Property and Contracts Act recognises consent by a child 14 years or older, and by parents when a child is 16 years or younger, in relation to assault and battery claims about medical or dental treatment. However, these provisions are concerned with legal protections for doctors and dentists, and do little to clarify the power of a child or young person to give consent.
Federal Register of Legislation - Australian Government
About half of the total sitting time of the House is spent considering bills, that is, proposed laws. These range from comparatively minor proposals of an administrative nature to comprehensive initiatives of major social, economic or industrial significance. This Infosheet describes how government bills, that is those proposed by Ministers, are considered and passed by the House. However, all Members of the House, as well as Ministers, are entitled to propose legislation. Infosheet No. A new Commonwealth national law can only be made, or an existing law changed or removed, by or under the authority of the federal Parliament, that is, by or in accordance with an Act of Parliament. These include: The Australian States retain legislative powers over many areas such as local government, roads, hospitals and schools. The Governor-General assents to an Act of Parliament. In some respects the legislative powers of the two Houses of the federal Parliament—the Senate and the House of Representatives—are not equal. In matters relating to the collection or expenditure of public money the Constitution gives a more powerful role to the House of Representatives—the House of Government.
Travelling with children
Australian Capital Territory. New South Wales. Northern Territory. South Australia. Western Australia. Many teens feel the pressure to conform to peer expectations around alcohol at parties, but parents are feeling pressure too.
When can you get married?
A minor means a person under the age of 18 years. A dealing by or in favour of a minor must not disclose the date of birth or age of the minor. A certified copy of the minor's birth certificate must accompany the dealing and will be filed as evidence. The written statement from the valuer or other financial adviser needs to be annexed to the certificate. When the person has attained the age of 18, the words ' a minor ' will be removed from the title:. A dealing or document by a minor may be executed by:
Age of dating laws in Australia?
Compilation start date: Includes amendments up to: Act No. About this compilation. This is a compilation of the Marriage Act as amended and in force on 12 April It includes any amendment affecting the compiled Act to that date.
Crossing the border
The ages of consent for sexual activity vary by jurisdiction across Australia , New Zealand and Oceania , ranging from age 15 to age The specific activity engaged in or the gender of its participants can also be affected by the law. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Close in age exceptions may exist and are noted when relevant. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is
If it's not your answer to this question, please click "Leave a Comment" button under the question to communicate with the question owner. Login with Facebook Sign Up Login. Ask a Question Unanswered Explore. Age of dating laws in Australia? Dating is a broad term that can mean a lot of things.Australian Prime Minister Accuses Political Party Of Asking U.S. Gun Lobby For Money - TIME