First of all, section 32 is the standard provision for criminal offences that you find in most acts, saying that if you breach this act, you're guilty of a criminal offence, which means you have to go to court. You have to prove the offence. You have to prove it to a criminal standard of proof, that is, beyond all reasonable doubt. It's also a fairly lengthy process. It brings the full majesty of the law against somebody who has committed a criminal act.
That's not what we're talking about here. Here we're talking about, in effect, what's called an administrative monetary penalty. In common parlance, it's called a fine. You have to prove it to a civil standard, that is, on the balance of probability rather than beyond all reasonable doubt. It's also going to be very quickly done while the offence is there, while the program is still on the air.
The criminal process is.... It's first of all disproportionate. Second, by the time you bring...the program may no longer be on the air and it may be totally irrelevant. It's also very difficult to prove that somebody deliberately, with full intent, went out to breach the code and did something that was in explicit violation of the code.
As I mentioned in my opening remarks, we have now, basically, the power to shame. CBSC does it. They say you've done wrong, so admit it. We do the same thing, and we put it on the record. Or we can have sort of a nuclear bomb: we withdraw the licence. There's absolutely nothing in between, and what we suggest for these things, which may be infractions of various gradations, is that there should be an appropriate penalty.
As far as your second question is concerned, if this bill is not amended, yes, this AMPs power is needed, not only in regard to the violence question but in regard to other issues we regulate too. And hopefully we will see it some day. It was raised in this bill specifically, and as there's a concern with violence, I thought it was appropriate to raise it with you.