Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NSW Council for Civil Liberties Inc v Classification Review Board (No. 2) [2007] FCA 896
MEDIA AND COMMUNICATIONS– censorship – classification of publications – publication refused classification – publications which promote, incite or instruct in matters of crime or violence – construction of National Classification Code – whether 'promote' or 'incite' defined by reference to effect – whether violence promoted must be in Australia only – consideration of educational merit –persons or class of persons to or amongst whom book is published
ADMINISTRATIVE LAW – judicial review – construction of statutes – review of Classification Review Board decision – relevant and irrelevant considerations – error of law – no evidence – decision not authorised by legislation in pursuance of which it purportedly made – obligation of decision-maker to conduct roving inquiry
CONSTITUTIONAL LAW – implied freedom of political communication – whether Commonwealth law invalid – whether censorship law appropriate and adapted to serve legitimate end in manner compatible with system of government prescribed by Constitution – whether regulation effectively burdens communication about government or political matters – compelling justification – distinction between law which controls an activity and law which restricts communication about whether that activity should be controlled
Criminal Code Act 1995 (Cth) ss 15.4, 100.1, 101.1 Acts Interpretation Act 1901 (Cth)s 21(1)(b) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Classification (Publications, Films and Computer Games) Act 1995 (Cth) ss 3, 6, 9, 10, 11, 12, 22A, 42, 44, 45, 46, 48, 56, 72, 73, 74, 77 Film, Video and Publications Classification Act 1993 (NZ)s 3 Anti-Discrimination Act 1977 (NSW) Interpretation Act 1987 (NSW) Objectionable Literature Act 1954 (Qld) s 11 Vagrants, Gaming and Other Offences Act 1931 (Qld)s 7 Guidelines for the Classification of Publications 2005 National Classification Code
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