Customs (Cinematograph Films) Regulations 1919 (Cth)

STATUTORY RULES.

1919. No. 137.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1916.

I,THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1916, to come into operation forthwith, and further declare that the said Regulations shall be deemed to have come into operation as on and from the first day of May, 1919.

Dated this fourth day of June, 1919.

E. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. MASSY GREENE,

Minister of State for Trade and Customs.

 

Customs (Cinematograph Films) Regulations.

Short title.

1. These Regulations may be cited as the Customs (Cinematograph Films) Regulations 1919.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Film” means a cinematograph film imported into Australia and intended for exhibition.

“Commonwealth Film Censorship” means the “Commonwealth Film Censorship established for the purposes of these Regulations.

“Censor” means a censor appointed in pursuance of these Regulations and includes the Chief Censor.

“Minister” means the Minister of State for Trade and Customs.

“The schedule” means the schedule to these Regulations.

Establishment of Commonwealth Film Censorship

3. (1) For the purposes of these Regulations there shall be a Commonwealth Film Censorship consisting of such censors, including a Chief Censor, as the Minister appoints.

(2) Any person appointed prior to, and holding office at, the commencement of these Regulations, for the purpose of carrying out a censorship of films and advertising matter in connexion with films, shall be deemed to be a censor appointed in pursuance of these Regulations.

Registration of films.

4. No film shall be delivered from Customs control until authority therefor has been given by the Commonwealth Film Censorship.

Form of application.

5. Application for the registration of a film shall be made in Form 1 of the schedule.

Fee.

6. Each application for registration shall be accompanied by a fee of Five shillings for each reel in the film.

 

Examination of applications.

7. A censor shall examine each application received by him for registration of a film, and may, subject to these Regulations—

(a)approve the film unconditionally, in which case a certificate of registration in Form 2 of the schedule shall be issued;

(b)approve the film subject to such conditions as he thinks fit to impose, in which case a certificate of registration in Form 3 of the schedule shall be issued; or

(c)refuse approval and registration of the film, in which case a certificate in Form 4 of the schedule shall be issued.

Bars to registration.

8. No film shall be registered which, in the opinion of a censor—

(a)is blasphemous, indecent, or obscene;

(b)is likely to be injurious to morality, or to encourage or incite to crime;

(c)is likely to be offensive to the people of any friendly nation;

(d)depicts any matter the exhibition of which is undesirable in the public interests.

Screening.

9. Any film submitted for registration shall, if so required by the Commonwealth Film Censorship, be screened for inspection. The screening shall be carried out at the expense and risk of the importer.

Registration to imply consent of Minister.

10. Any film, in respect of which a certificate of registration is issued, shall be deemed to have been imported with the written permission of the Minister.

Unauthorized alterations in films not permitted.

11. (1) Each film approved for registration shall be exhibited exactly in the form and under the name in which it is registered, without any alteration or addition unless the consent in writing of the Chief Censor is first obtained thereto.

(2) Any film in respect of which a contravention of this regulation has been committed shall thereupon be deemed to be an unregistered film and liable to be seized as a prohibited import.

Security for observance of conditions.

12. In respect of any film submitted for registration, the Commonwealth Film Censorship may require the importer of the film to furnish security for the fulfilment of any conditions in relation to its exhibition imposed by the censor.

Cancellation of certificate.

13. The Minister may at any time revoke any certificate of registration.

14. (1) Where a film has been approved unconditionally and a certificate of registration in Form 2 of the schedule has been issued, the Chief Censor may at any time impose such conditions as to the future exhibition of the film as he thinks fit.

(2) Where a film has been approved subject to conditions imposed by a censor and a certificate of registration in Form 3 of the schedule has been issued, the Chief Censor may at any time revoke or vary the conditions as to the future exhibition of the film.

Form of revocation of registration.

15. The revocation of a certificate of registration shall be in Form 5 of the schedule.

Films not approved, &c., deemed prohibited imports.

16. Any film in respect of which—

(a)a certificate of refusal to register has been issued;

(b)the certificate of registration has been revoked; or

(c)the conditions imposed in relation to its exhibition have not been complied with;

shall be deemed to be a prohibited import within the meaning of the Customs Act 1901-1916 and of the proclamation dated 14th February, 1917, issued under that Act and published in the Commonwealth Gazette, No. 26, of 15th February, 1917.

 

Advertising matter subject to censorship.

17. (1) No imported poster, photograph, sketch, programme, slide, or other advertising matter intended to be used in connexion with the exhibition within the Commonwealth of Australia of any imported cinematograph film, shall be delivered from Customs control until authority therefor has been given by the Commonwealth Film Censorship.

(2) All imported posters, photographs, sketches, programmes, slides, and other advertising matter relating to imported cinematograph films shall be exhibited or used in exactly the same condition, and without any addition thereto, as the form in which their delivery is authorized by the Commonwealth Film Censorship.

(3) All imported posters, photographs, sketches, programmes, slides, and other advertising matter which are not approved or in relation to which a contravention of the last preceding sub-regulation has been committed, shall be deemed to be prohibited imports within the meaning of the Customs Act 1901-1916, and of the proclamation dated 31st July, 1918 issued under that Act and published in the Commonwealth Gazette, No. 117, of 3rd August, 1918.

18. The Customs (Cinematograph Films) Regulations 1918 (Statutory Rules 1918, No. 128, as amended by Statutory Rules 1918, No. 226) are hereby repealed.

 

THE SCHEDULE.

form 1.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1919.

Application for the Registration of a Cinematograph Film.

………………………………………….

………………………………. 19……..

The Secretary, Commonwealth Film Censorship.

Sir,

I hereby make application for the registration, under the Customs (Cinematograph Films) Regulations 1919, of the undermentioned film:—

Title of film………………………………………..

Name of producer …………………….. Class of film……………………..

No. of reels …………………….. No. of copies being imported into Australia ……………………..

* Ex s.s.......................Port (s) of destination..........................

* Ex parcels post

* I forward herewith  asynopsis specifying all the scenes contained in the film.

* I undertake to supply

I undertake, in consideration of the registration of the film and its admission into the Commonwealth, that I will comply with the provisions of the Customs (Cinematograph Films) Regulations 1919, and, in particular, that the film will be exhibited exactly in the form and under the name in which it is registered, without any alteration or addition, unless the consent in writing of the Commonwealth Film Censorship is first obtained thereto.

The prescribed fee of Five shillings per reel is forwarded herewith.

I certify that the film, in whole or in part, is not—

(a) blasphemous, indecent, or obscene;

(b) likely to be injurious to morality, or to encourage or incite to crime; or

(c) likely to be offensive to the people of any friendly nation.

…………………………….Owner or agent.

* Strike out the words which do not apply.

 

Form 2.  No………

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1919.

Unconditional Certificate of Registration.

The film............................................length..................................reels produced by…….......................and imported by...................................has been approved and registered for general exhibition.

Dated at................................this.....................day of…………...............19….

Commonwealth Film Censorship,

………............................Chief Censor.

..........................................Secretary.

——

Form 3.  No……….

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1919.

Conditional Certificate of Registration.

The film...................................................length.................................... reels produced by……............................and imported by...................................has been approved and registered for exhibition subject to the following conditions, which shall apply to any exhibition of the film in Australia, whether by the original importer, subsequent purchaser, or any other person exhibiting the film.

Dated at....................this...........day of................19....

Commonwealth Film Censorship,

………............................Chief Censor.

.............................................Secretary.

——

Form 4.      No……

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1919.

Certificate of Refusal to Register.

To..........................

Take notice that registration is refused in respect of the film..................... length........................reels produced by..............................and submitted by you to the Commonwealth Film Censorship on the..............................day of..............................19....

Dated at..........................this……………............day of……………................19……..

Commonwealth Film Censorship,

………............................Chief Censor.

.............................................Secretary.

——

Form 5.  No……

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1919.

Revocation of Certificate of Registration.

To..............................

Take notice that the certificate of registration No................................issued on the........................................day of........................................19....in respect of the film................................length...........................reels produced by ............................has been revoked.

Dated at Melbourne this..............day of....................19.... ........................Minister for Trade and Customs.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.