Customs (Cinematograph Films) Regulations 1926 (Cth)

STATUTORY RULES.

1926. No. 119.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1925.

I, THE DEPUTY OF 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 1901-1925 to come into operation on and from 16th September, 1926.

Dated this ninth day of September, 1926.

W. H. IRVINE,

Deputy of the Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

Customs (Cinematograph Films) Regulations.

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Customs (Cinematograph Films) Regulations 1926.

Parts.

2. These Regulations are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—Importation of Films.

Part III.—Exportation of Films.

Repeal.

3. Regulations 191 to 212 (both inclusive) of the Customs Regulations 1922 and Forms 72 to 76 (both inclusive) in the Schedule to those regulations are hereby repealed.

Definitions.

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

“Censor” or “the Censor” means any censor appointed in pursuance of these Regulations, and includes the “Chief Censor”;

“Film” means a cinematograph film;

“The Schedule” means the Schedule to these Regulations.

Part II.—Importation of Films.

Establishment of Commonwealth Film Censorship.

5.—(1) For the purposes of these Regulations there shall be a Commonwealth Film Censorship consisting of such Censors, including a Chief Censor, as are duly appointed.

(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, shall be deemed to be a censor appointed in pursuance of these Regulations.

C.12388.—Price 5d.

 

Registration of films.

6. Nofilm shall be delivered from Customs control until it has been registered in accordance with the provisions of this Part and authority for its delivery has been given by the Censor.

Form of application.

7. Applications for the registration of films shall be in accordance with Form I in the Schedule.

Powers of Censor in regard to applications for registration.

8. The Censor shall examine each application received by him for the registration of a film, and may, subject to these Regulations—

(a) approve of the film subject to the conditions imposed by these Regulations, in which case a certificate in accordance with Form 2 in the Schedule shall be issued; or

(b) approve of the film subject to the conditions imposed by these Regulations and any special conditions which the Censor thinks fit to impose, in which case a certificate in accordance with Form 3 in the Schedule shall be issued; or

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

Bars to registration.

9. 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) is likely to be offensive to the people of the British Empire; or

(e) depicts any matter the exhibition of which is undesirable in the public interest.

Appeal to Chief Censor.

10.—(1) An appeal shall lie to the Chief Censor from the decision of any other Censor under these Regulations.

(2) The appellant shall set out in writing the grounds of his appeal.

(3) The decision of the Chief Censor on appeal shall be final, provided that the Minister may direct that the matter be submitted to him for determination in which case such action shall be taken as the Minister directs.

Security may be required.

11. The Comptroller may require any importer to furnish a general security in accordance with Form 5 in the Schedule.

Continuance of certificate granted under repealed regulations.

12. Any certificate of registration issued under any regulations in force prior to the commencement of these Regulations shall be deemed to be a certificate of registration issued under these Regulations.

Reconstruction of rejected films.

13.—(1) Where a film has been refused registration under these Regulations or under any regulations in force prior to the commencement of these Regulations the importer may in accordance with Form 6 in the Schedule apply to the Chief Censor for permission to reconstruct the film and submit it to a Censor for review.

(2) Application for permission to reconstruct a film shall be accompanied by a plan setting out in detail the grounds upon which it is claimed reconstruction might be permitted and enumerating any proposed deletions or additions.

(3) The Chief Censor may, at his discretion, approve or disapprove of any plan of reconstruction submitted to him or so alter or amend it as he deems fit.

(4) The Chief Censor may, subject to these Regulations, pass the film as reconstructed either conditionally or unconditionally, or he may reject it.

(5) Where a reconstructed film is submitted for review, and, in the opinion of the Chief Censor, the film as reconstructed is suitable for public exhibition, the appropriate certificate of registration in accordance with Form 2 or Form 3 in the Schedule shall be issued.

(6) Delivery of a film for the purpose of reconstruction shall not be granted unless the importer gives security, to the satisfaction of the Comptroller, for the observance of the following conditions:—

(a) that no person other than the importer and four bona fide representatives of the importer shall be permitted to be present at any screening of the film, and

(b) that all eliminated matter will be properly tagged, described and forwarded with the film to such office of the Commonwealth Film Censorship as may be directed by the Censor, and

(c) that within fourteen days after the date of delivery the portion of the film remaining after elimination will be returned to the control of the Customs at the licensed warehouse or station from which it was removed for reconstruction, and

(d) that in cases in which only one copy of the film is imported, the reconstruction is effected at an office of the Commonwealth Film Censorship.

Rejected films in bond.

14.—(1) When a film is rejected by a Censor the importer shall have fourteen days after the receipt of the rejection certificate in which an appeal to the Chief Censor may be made.

(2) When a film is rejected by either the Chief Censor or a Censor, the importer shall have fourteen days after the receipt of the rejection certificate in which a request for permission to reconstruct the film may be made.

(3) Failing any such appeal or request for reconstruction within fourteen days and provided the Minister does not request that the matter be submitted to him the importer shall within a further twenty-eight days, export the film from Australia or destroy it under Customs supervision as a prohibited import.

(4) The Chief Censor may in special circumstances extend the time specified in sub-regulation 2 of this regulation.

(5) When a film has been refused registration and has been exported from Australia, such film, or any modification thereof shall, unless permission has previously been granted by the Chief Censor for its reconstruction abroad, be seized on re-importation as a prohibited import.

Screening.

15.—(1) Any film submitted for registration shall, if so required by the Censor, be screened for inspection.

(2) The screening shall be carried out at the risk of the importer and, if the Censor so directs, at his expense.

(3) At any screening required by a Censor, the importer and not more than four bona fide representatives of the importer may be present.

(4) The screening of films at the premises of the Censor for any purposes other than in pursuance of sub-regulation (1) of this regulation or for the purposes of regulation 13 of these Regulations may be permitted by the Censor at such time and subject to such conditions as he thinks fit upon payment of the fee prescribed.

Fees.

16.—(1) Every application for registration of a film shall be accompanied by a fee in accordance with the following scale:—

(a) In the case of reels of standard film—Ten shillings per reel.

(b) In the case of miniature films—One shilling per 100 feet.

(2) Where a review in pursuance of regulation 13 of these Regulations is permitted, a review fee of Twenty shillings for each reel of film shall be paid by the importer before the film is screened for inspection.

(3) Where a screening is permitted at the Censorship Office in pursuance of regulation 15 (4) of these Regulations a fee of Two shillings and sixpence for each reel of film shall be paid by the importer before the screening is commenced.

Advertising matter subject to censorship.

17.—(1) One specimen of each piece of advertising matter intended for use in the Commonwealth in connexion with the exhibition of moving pictures shall, before importation, be deposited with a Censor.

(2) If the advertising matter is passed by the Censor for importation the specimen deposited may be retained by the Censor.

(3) The Censor may approve of the importation of advertising matter subject to the importer giving security, to the satisfaction of the Comptroller, that it will not be used in any form other than the form in which it was passed for importation, and will be used without any direct or indirect addition thereto or comment thereon, unless the consent in writing of a Censor has first been obtained.

(4) In this regulation “advertising matter” includes posters, photographs, sketches, programmes, slides and other advertising matter intended for use in connexion with the exhibition of moving pictures or cinematograph shows.

Forms under repealed regulations.

18. In cases where the forms required by any regulations repealed by these Regulations differ from those prescribed by these Regulations, the Comptroller may permit the continuance of the use of the first mentioned forms for such time as he considers desirable.

Directions in forms.

19. Where a prescribed form contains, by way of note or otherwise, a clear direction or indication of any requirement of the Customs as to—

(a) the number of copies of the document to be tendered—(and for this purpose the words “in duplicate” or similar words shall be a sufficient indication of the number required);

(b) the nature or form of the information to be furnished to the Customs;

(c) any action, either by way of signing a form of declaration or otherwise, to be taken by the person concerned in the transaction in which the document is used or by his authorized agent; or

(d) receipts to be signed by ship’s officers, railway officers, or other persons in proof that the goods described in the form have been received for carriage or otherwise,

the requirement so indicated shall be deemed to be prescribed.

Copies of forms.

20. The Collector may require copies of any prescribed form to be furnished in addition to the number indicated on the form.

Substantial compliance with forms.

21. The Comptroller may accept, in lieu of any prescribed form, any document which is substantially in accordance with the prescribed form, and the document so accepted shall have all the force and effect of a document in the prescribed form.

Part III.—Exportation of Films.

Application to export.

22. Applications for permission to export films shall be in accordance with Form 7 in the Schedule.

Examination by Censor.

23. A Censor shall examine each application received by him for permission to export a film, and may, subject to these Regulations—

(a) approve of the exportation of the film either conditionally or unconditionally, in which case an export permit in accordance with Form 8 in the Schedule shall be issued; or

(b) disapprove of the exportation of the film and refuse to issue an export permit.

Export prohibited in certain cases.

24. No film shall be permitted to be exported 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) is likely to be offensive to the people of the British Empire; or

(e) depicts any matter the exhibition of which is undesirable in the public interest, or is likely to prove detrimental or prejudicial to the Commonwealth of Australia.

Delivery of export permit.

25. The export permit issued under regulation 23 (a) of these Regulations shall be delivered by the exporter to the officer of Customs at the export ship or Parcels Post at the time the film is brought to the wharf or Parcels Post for shipment, but, when a film is transferred from one port to another for export, the export permit shall be forwarded immediately by the exporter to the Collector of Customs at the port of shipment.

Packing, etc., of films.

26. The Collector may require any film, in respect of which an export permit has been issued, to be so packed or marked as to make it readily identifiable with the export permit.

Screening of films.

27. The Censor may require any film in respect of which application for permission to export has been made, to be screened for inspection, and the screening shall be carried out at the risk of the exporter and, if required by the Censor, at the expense of the exporter.

 

THE SCHEDULE.

FORM 1.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1926.

Application for the Registration of a Cinematograph Film.

19

The Commonwealth Film Censorship.

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

Title of film-

Name of producer—

Class of film—

No. of reels—

No. of copies being imported into Australia—

No. of feet—

*Ex s.s.—

*Ex Parcel Post

*I forward herewith	a synopsis specifying all the scenes contained in the film.
*I undertake to supply prior to delivery

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.

*The prescribed fee of Ten shillings per reel.

*One shilling per 100 feet is forwarded herewith.

Owner or Agent.

*Strike out the words which do not apply.

Certificate No.

Form 2.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1926.

Certificate of Registration.

The film  length  reels  produced by   and imported by  has been approved and registered for general exhibition subject to the conditions imposed by the Customs (Cinematograph Films) Regulations.

Dated at  this  day of  192

Censor.

Certificate No.

Form 3.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1926.

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, namely:—

1. That the conditions imposed by the Customs (Cinematograph Films) Regulations will be observed.

2. That the advertising matter used in connexion with the film, whether by the importer, subsequent purchaser, or any other person, will not refer, directly or indirectly, to any scene, episode, or wording deleted from the film by the Censor or not included in the film as passed for importation, and will not be indecent, obscene, or injurious to public morality.

(Here insert any other special conditions imposed by the Censor.)

Dated at  this  day of  19 .

————  Censor.

Form 4.  Certificate No.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1926.

Certificate of Refusal to Register.

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 .

————  Censor.

Form 5.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS,

Customs (Cinematograph Films) Regulations 1926.

Security to the Customs.

By this security the subscribers are, pursuant to the Customs Act 1901-1925, bound to the Customs of the Commonwealth of Australia in the sum of subject only to this condition, that if—

I. In the event of delivery being given to the importer of any cinematograph film under Customs seal for the purpose of forwarding it to an office of the Commonwealth Film Censorship for screening before a Censor—

(a) the film is forthwith forwarded to such office of the Commonwealth Film Censorship as the Comptroller or the Censor directs; and

(b) after the film has been handed back to the importer or his representative by the Commonwealth Film Censorship unless it has been duly released from the control of the Customs, it is forthwith returned to the control of the Customs at the licensed warehouse or station whence it was removed for the aforesaid purpose and in the same condition as when handed back by the Commonwealth Film Censorship to the importer or his representative; and

II. In the event of delivery being given to the importer of any cinematograph film for the purpose of reconstruction by the importer—

(a) no person is permitted to be present at any screening of the film except the following, namely—the importer and/or not more than four bona fide representatives of the importer and representatives of the Commonwealth Film Censorship;

(b) all eliminated matter is properly tagged, described, and forwarded with the film to such office of the Commonwealth Film Censorship as may be directed by the Censor; and

(c) within fourteen days after the date of delivery, the portion of the film remaining after elimination is returned to the control of the Customs at the licensed warehouse or station from which it was removed for reconstruction; and

(d) in cases in which only one copy of the film is imported, any reconstruction is effected at an office of the Commonwealth Film Censorship; and

III. In the event of delivery being given to the importer of any cinematograph film under Customs seal for the purpose of forwarding it to a factory for treatment or repair—

(a) the importer gives prior to delivery of the film at least 24 hours’ notice to the Collector of Customs for the State in which the factory is situate of the exact address of the factory;

(b) the film is, within 24 hours of delivery, forwarded to the factory;

(c) the film is treated by the processes of the factory within 48 hours from the time of delivery to the factory and is not treated except in the presence of a Customs officer;

(d) the film is dealt with in all matters to the satisfaction of the Comptroller; and

(e) the film is, within 24 hours after treatment, returned to the control of the Customs at the licensed warehouse from which it was delivered; and

IV. In the event of the importation of any cinematograph film being permitted, conditionally or unconditionally—

(a) the film is not afterwards exhibited by the importer, subsequent purchaser or any other person in any form (including the name) other than that in which the importation was permitted, unless the consent in writing of the Censor has first been obtained;

(b) the advertising matter used in connexion with the film, whether by the importer, subsequent purchaser, or any other person, does not refer, directly or indirectly to any scene, episode, or wording deleted by the Censor, or which was not included in the film as passed for importation, and will not be indecent, obscene, or injurious to public morality; and

(c) all conditions imposed by the Minister or the Censor in regard to the film or the advertising matter in connexion therewith are strictly observed;

V. In the event of the importation being permitted of any advertising matter for use in connexion with cinematograph films, the advertising matter is not used in any form other than the form in which it was passed for importation by the Commonwealth Film Censorship and is used without any direct or indirect addition thereto or comment thereon to which the consent in writing of the Censor has not first been obtained;

then this security shall be thereby discharged.

Dated at  this  day of  19

Names and descriptions of subscribers:

Signatures of subscribers:

Signatures of witnesses:

Form 6.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1926.

Application for Permission to Reconstruct a Cinematograph Film.

19

The Chief Censor,

Application is hereby made for permission to reconstruct the film  length  reels  produced by  and refused registration under certificate No  , dated

A detailed plan of reconstruction is attached and in submitting this application it is distinctly understood that permission to reconstruct, if granted, does not imply that registration will be granted.

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

Owner or Agent.

Form 7.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1926.

Application for Permission to Export a Cinematograph Film.

19

The Commonwealth Film Censorship.

Sir.—I hereby make application for permission to export under the Customs (Cinematograph Films) Regulations the undermentioned film:—

Title of film-

Name of producer—

Class of film—

No. of reels—

No. of copies to be now exported—

Export ship—

Port of destination—

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 crime;

(c) likely to be offensive to the people of the British Empire, or to the people of any friendly nation; or

(d) undesirable in the public interest, or likely to prove detrimental or prejudicial to the Commonwealth of Australia.

Owner or agent.

Form 8.

Permit No.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1926.

Commonwealth Film Censorship,  19

Export Permit.

State of—

Port of—

To the Officer of Customs,

The provisions of the Customs (Cinematograph Films) Regulations have been complied with in respect to the undermentioned film which may be shipped per for

Marks. Exporter. Film. Length in Reels.

Censor.

Shipped the above film.

Officer of Customs.

Date—  19

Note.—This form is to be issued in duplicate by the Censor, and both original and duplicate must be delivered by the exporter to the Customs officer at the export ship or parcels post at the time the film is brought for shipment. The original is to be returned by the Customs officer after shipment of the film to the Commonwealth Film Censorship at  and the duplicate retained with ship’s papers.

 

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