Document ID: chunk:federal_register_of_legislation:C2004A04507:body:0:p5
Version: federal_register_of_legislation:C2004A04507
Segment Type: other
Provision Reference: 
Character Range: 17419–20248

not portray material that goes beyond the previous 'AO' classification criteria.".

15. After section 123 of the Principal Act the following section is inserted:

Review by the ABA

"123A.(1) The ABA must periodically conduct a review of the operation of subsection 123(3A) to see whether that subsection is in accordance with prevailing community standards.

"(2) If, after conducting such a review, the ABA concludes that that subsection is not in accordance with prevailing community standards, the ABA must recommend to the Minister appropriate amendments to this Act that would ensure that that subsection is in accordance with prevailing community standards.

"(3) If the Minister receives a recommendation under subsection (2), the Minister must cause a copy of the recommendation to be tabled in each House of the Parliament within 15 sitting days of that House after receiving the recommendation.".

Non-compliance with requirement to give evidence

16. Section 202 of the Principal Act is amended by adding at the end the following subsections:

"(4) It is a reasonable excuse for a person to refuse to answer a question or to produce a document if:

  (a)     the person is a journalist; and

  (b)     the answer to the question or the production of the document

     would tend to disclose the identity of a person who supplied information in confidence to the journalist; and

     (c) the information has been used for the purposes of a television or radio program.

"(5) For the purposes of this section, 'journalist' means a person engaged in the profession or practice of reporting, photographing, editing, recording or making television or radio programs of a news, current affairs, information or documentary character.".

Period of appointment of members and associate members

17. Section 157 of the Principal Act is amended by inserting after subsection (2) the following subsections:

  "(2A) For the purposes of subsection (2), if:

    (a)     at a particular time, a person ceases to hold an office ('original office') of member (other than the office of Chairperson or Deputy Chairperson); and

    (b)     immediately after that time, the person begins to hold the office of Chairperson, or the office of Deputy Chairperson, for a period which ends before, or at the same time as, the end of the period specified in the instrument of the person's appointment to the original office;

the person's appointment to the office of Chairperson or Deputy Chairperson, as the case may be, is taken not to be a re-appointment.

  "(2B) For the purposes of subsection (2), if:

    (a)     at a particular time, a person ceases to hold the office of Deputy Chairperson; and

    (b)     immediately after that time, the person begins to hold the office of Chairperson for a period which ends before, or at the