[LINK] Victoria balks at R+18 games rating, classification swamped

[rene]

On Sun, 3 Apr 2011 12:34:47 +1000, John Hilvert wrote:

> Though Constitutionally iffy, the odds are shortening on a Federal
> Government take-over of the classification of all things digital
> relying on treaty, trade and commerce and telecommunications powers.

The C'th took over classifying all things, digital or not, as of 1 Jan 1996 
relying on Section 122 of the Constitution (power to regulate for the 
Territories). (AFAIK, at that time they and the States were of the view 
that no other power was relevant).

Are you suggesting the C'th could perhaps use some other power/s to 
legislate to *enforce* penalties against people in States who 
publish/distribute material in breach of C'th classifications, and also to 
over-ride any State's law that contain penalties for 
publishing/distributing material that *is* classfied by the C'th (i.e. has 
not been "refused classifiecation)? If yes, I'd be interested to know which 
powers in which circumstances (suggest, consider the same material sold via 
a telecommunications service, and also in a shop or by postal mail on 
CD/DVD; and consider content with the same classification rating being made 
available for free, as well as sold; etc,).

Irene