Customs (Cinematograph Films) Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 3321

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Customs (Cinematograph Films) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

Dated 21 December 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARETH EVANS

Attorney-General and for and on behalf of the Minister of State for Industry and Commerce

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Commencement

1. These Regulations shall come into operation on 1 February 1984.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Customs (Cinematograph Films) Regulations.

3. After Regulation 2 of the Principal Regulations the following regulation is inserted:

Application of Regulations

“2a. These Regulations apply to and in relation to a film that is imported for public exhibition.”.

Interpretation

4. Regulation 4 of the Principal Regulations is amended—

(a) by omitting from the definition of “film” in sub-regulation (1) “or a video tape” and substituting, “, a video tape or video disc”; and

(b) by inserting after the definition of “member” in sub-regulation (1) the following definition:

“ ‘public exhibition’, in relation to a film, means the exhibition of the film to members of the public in a place, whether enclosed, partly enclosed or unenclosed, and whether admission to the exhibition of the film—

(a) is open to all members of the public or is restricted to persons who are members of a club or who possess any other qualification; and

(b) is or is not procured by the payment of money or on any other condition;”.

Censorship Board

5. Regulation 5 of the Principal Regulations is amended by inserting “physical or mental” before “incapacity” in sub-regulation (7).

Delegation by Chief Censor

6. Regulation 7a of the Principal Regulations is amended—

(a) by inserting in sub-regulation (1) “, a member of the Board or a Deputy Censor” after “Deputy Chief Censor”; and

(b) by omitting from sub-regulation (2) “Deputy Chief Censor” and substituting “delegate”.

Exercise of powers, &c., of Censorship Board

7. Regulation 8 of the Principal Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulations:

“(2) The Chief Censor is responsible for ensuring the orderly and expeditious discharge of the business of the Censorship Board and may give directions as to—

(a) the arrangement of the business of the Board; and

(b) the constitution of the Board for the purpose of dealing with matters under these Regulations.

“(3) Subject to sub-regulation (4), where the members of the Censorship Board dealing with a matter under these Regulations are divided in opinion, the decision of the majority shall prevail.

“(4) Where the members of the Censorship Board dealing with a matter under these Regulations are equally divided in opinion—

(a) where the Board consists of the Chief Censor and not less than 3 other members—the Chief Censor has a casting vote as well as a deliberative vote; and

(b) in any other case—the determination of the matter shall be adjourned until an additional member of the Board is present.”.

Bars to registration or passing

8. Regulation 13 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) all the words from and including “Subject to” to and including “the Board—” and substituting the following:

“Subject to sub-regulation (2), a film shall not be registered under this Part if in the opinion of the Board, and advertising matter shall not be passed under this Part if in the opinion of the Board or a member of the Board—”;

(b) by adding at the end of paragraph (1) (b) “or”;

(c) by omitting paragraph (1) (c); and

(d) by omitting from sub-regulation (2) “paragraph (a), (b), (c) or (d) of the last preceding sub-regulation” and substituting “paragraph (1) (a), (b) or (d)”.

Application for registration of a film

9. Regulation 14 of the Principal Regulations is amended by omitting from sub-regulation (1) “Form 1” and substituting “a form approved by the Chief Censor”.

Screening of films and examination of advertising matter

10. Regulation 15 of the Principal Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) The Chief Censor may require a film that is the subject of an application for registration to be screened in accordance with this Part.”.

Screening of films

11. Regulation 17 of the Principal Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) Where a film is screened before a member of the Board or a Deputy Censor—

(a) if the member or Deputy Censor is of opinion that the film is of a kind referred to in paragraph 13 (1) (a), (b) or (d), the member or Deputy Censor shall refer the application for registration to the Chief Censor; and

(b) in any other case, the member or Deputy Censor shall—

(i) approve the registration of the film; or

(ii) refer the application for registration to the Chief Censor.”.

12. After regulation 18 of the Principal Regulations the following regulation is inserted:

Registration of unscreened films

“18a. Where the Chief Censor has not required a film to be screened, the Board shall, if it is of the opinion that the film is not a film of a kind referred to in paragraph 13 (1) (a), (b) or (d), approve the registration of the film.”.

Certificate of registration

13. Regulation 20 of the Principal Regulations is amended by omitting “Form 2” and substituting “a form approved by the Chief Censor”.

Notice of refusal of registration

14. Regulation 21 of the Principal Regulations is amended by omitting “a notice in accordance with Form 3” and substituting “notice of the refusal, setting out the grounds of the refusal,”.

Hearing of review

15. Regulation 39a of the Principal Regulations is amended by omitting from sub-regulation (1) “the last preceding sub-regulation” and substituting “regulation 39 or in pursuance of a law of the Australian Capital Territory”.

Decision on review

16. Regulation 39b of the Principal Regulations is amended by inserting “under these Regulations or under a law of the Australian Capital Territory” after “Censorship Board” in sub-regulation (2).

17. After regulation 39c of the Principal Regulations the following regulation is inserted in Part V:

Additional functions of Censorship Board, Censor and Board of Review

“39d. (1) In addition to the powers and functions conferred on the Censorship Board, a Censor and the Board of Review by these Regulations, the Censorship Board, a Censor and the Board of Review may, in relation to the censorship and classification of films, exercise such powers, and perform such functions—

(a) as are conferred on the Censorship Board, a Censor or the Board of Review, respectively—

(i) by any arrangement made, or agreement entered into, whether before or after the commencement of this regulation, under a law of a State; or

(ii) by a law of the Australian Capital Territory; and

(b) under a law of a Territory other than the Australian Capital Territory as the Attorney-General directs.

“(2) A reference in regulation 7a, 8 and 38 to the powers, duties or functions of the Censorship Board, a Censor or the Board of Review, as the case may be, shall be read as including a reference to powers, duties or functions conferred in pursuance of regulation 39d.”

Schedule

18. The Schedule to the Principal Regulations is amended by omitting Forms 1, 2 and 3.

Further amendments

19. The Principal Regulations are further amended as set out in the Schedule.

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SCHEDULE Regulation 19

FORMAL AMENDMENTS

Provision	Amendment
Regulation 2..............................	Repeal.
Regulation 3..............................	Repeal.
Sub-regulation 4 (1) (definition of “the Act”)	Omit “-1954”.
Sub-regulation 4 (1) (definition of “the Board”)	Omit “of these Regulations”.
Sub-regulation 4 (1) (definition of “the Board of Review”)	Omit “of these Regulations”.
Sub-regulation 5 (2)...................	Omit “seven”, substitute “7”.
Sub-regulation 5 (4)...................	Omit “six”, substitute “6”.
Sub-regulation 7 (2)...................	Omit “the last preceding sub-regulation”, substitute “sub-regulation (1)”.
Sub-regulation 7a (4)................	Omit “of these Regulations”.
Sub-regulation 8 (1)...................	Omit “two” (twice occurring), substitute “2”.
Sub-regulation 13 (2).................	Omit “of these Regulations”.
Sub-regulation 17 (2).................	Omit “the last preceding sub-regulation”, substitute “sub-regulation (1)”.
Sub-regulation 18......................	Omit “regulation 16 of these Regulations or the last preceding regulation”, substitute “regulation 16 or 17”. Omit “paragraph (a), (b), (c) or (d) of regulation 13 of these Regulations”, substitute “paragraph 13 (1) (a), (b) or (d)”.
Sub-regulation 22 (1).................	Omit “of these Regulations”.
Sub-regulation 22 (2).................	Omit “fourteen”, substitute “14”.
Paragraph 22 (5) (a)...................	Omit “four”, substitute “4”.
Paragraph 22 (5) (b)..................	Omit “fourteen”, substitute “14”.
Sub-regulation 22 (7a)..............	Omit “The last two preceding sub-regulations”, substitute “sub-regulations (6) and (7)”.
Sub-regulation 22 (8).................	Omit “twenty eight”, substitute “28”.
Sub-regulation 23 (4).................	Omit “four”, substitute “4”.
Paragraph 24 (1) (a)...................	Omit “Twenty-four”, substitute “24”.
Paragraph 24 (1) (b)..................	Omit “twenty-four”, substitute “24”.
Paragraph 24 (1) (c)...................	Omit “forty-eight”, substitute “48”.
Paragraph 24 (1) (f)...................	Omit “four”, substitute “4”.
Paragraph 24 (1) (g)..................	Omit “ten”, substitute “10”.
Sub-regulation 24 (2).................	Omit “the last preceding sub-regulation”, substitute “sub-regulation (1)”.
Regulation 27............................	Omit “twenty-eight”, substitute “28”.
Paragraph 27 (b)........................	Omit “of these Regulations”.
Sub-regulation 35 (2).................	Omit “five and not more than six”, substitute “5 and not more than 6”.
Sub-regulation 35 (4).................	Omit “six”, substitute “6”.
Sub-regulation 38 (1).................	Omit “three”, substitute “3”.
Sub-regulation 38 (2).................	Omit “of these Regulations”.
Sub-regulation 38 (3).................	Omit “three” (twice occurring), substitute “3”.
Sub-regulation 39 (2).................	Omit “the last preceding sub-regulation”, substitute “sub-regulation (1)”. Omit “fourteen”, substitute “14”.
Sub-regulation 39a (1)...............	Omit “twenty-four”, substitute “24”.
Sub-regulation 39b (1)...............	Omit “of these Regulations” (twice occurring).
Sub-regulation 39c....................	Omit “of these Regulations”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1983.

2. Statutory Rules 1956 No. 94 as amended to date. For previous amendments see Note 2 to Statutory Rules 1983 No. 38 and see also