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In 2002, the New South Wales Standing Committee on Social Issues issued a report recommending that the legislation be repealed, and in response the New South Wales government stated that the legislation "will be neither commenced nor repealed" until after the review of the Commonwealth Internet censorship legislation had been completed.In October 2000, Electronic Frontiers Australia (EFA) attempted under the Freedom of Information Act (FOI) to obtain documents relating to the implementation of the web filter.ii Net and Internode quietly confirmed that the request to block content from Australian Federal Police went from voluntary to mandatory under s313 in an existing law.ii Net had sought legal advice and accepted the s313 mandatory notice but would not reveal the legal advice publicly.Internet censorship in Australia currently consists of a regulatory regime under which the Australian Communications and Media Authority (ACMA) has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a "black-list" of overseas websites which is then provided for use in filtering software.The restrictions focus primarily on child pornography, sexual violence, and other illegal activities, compiled as a result of a consumer complaints process.In 2006, Richard Neville published a "spoof" website that had a fictional transcript of John Howard apologising to Australians for the Iraq War.The website was forcibly taken offline by the government with no recourse.

Under this regime, if a complaint is issued about material "broadcast" on the Internet the ACMA is allowed to examine the material under the guidelines for film and video.After the devastating bushfires in February 2009, details about an alleged arsonist were posted online by bloggers.Victorian police deputy commissioner Kieran Walshe has asked the state Director of Public Prosecutions to examine the possibility of removing these blogs from the web, as they might jeopardise any court case.While a few were released, many were not, and in 2003 new legislation, "Communications Legislation Amendment Bill (No.1) 2002", was passed by the Liberal government and four independents, and opposed by The Greens and the Australian Labor Party.

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