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

Statutory Rules 1983 No. 381

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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 14 April 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARETH EVANS

Attorney-General

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1. Regulation 3 of the Customs (Cinematograph Films) Regulations is repealed and the following regulation substituted:

Application

“3. Parts II and IV do not apply to or in relation to a film in respect of which a permission under Part III is in force.”.

2. After Part II of the Customs (Cinematograph Films) Regulations the following Part is inserted:

“PART III—FILMS TO BE SCREENED BY APPROVED ORGANIZATIONS

Interpretation

“28. In this Part, unless the contrary intention appears—

‘approved event’ means an event conducted by an approved organization, being an event approved by the Attorney-General for the purposes of this Part;

 

‘approved organization’ means an organization approved by the Attorney-General for the purposes of this Part;

‘film to which this Part applies’ means a film that is intended to be screened by an approved organization at an approved event;

‘subscription audience’ means a group of persons attending an approved event, being a group of persons each of whom has subscribed to the screening of not less than 3 films to be screened at that event by the approved organization conducting the event.

Importation of certain films prohibited

“29. The importation of a film to which this Part applies is prohibited unless a permission to import the film has been granted under this Part.

Application for permission to import a film

“30. An application for permission under this Part to import a film shall—

(a) be made by the importer of the film;

(b) specify the organization by which, and the event at which, it is intended to screen the film;

(c) be accompanied by a synopsis of the story depicted in the film; and

(d) be lodged with the Chief Censor.

Permission to import films

“31. (1) Where an application is made for permission to import a film for screening by an approved organization at an approved event, the Chief Censor shall grant to the approved organization permission for the importation of the film subject to the conditions specified in this regulation.

“(2) For the purposes of sub-regulation (1), the conditions to be complied with by the holder of the permission are—

(a) that the film is screened by the organization, and at the approved event, specified in the permission and not otherwise;

(b) that the film is screened not more than twice in the course of the approved event;

(c) that the film is exported, or delivered to the holder of a permission in respect of the film, within the period of 6 weeks after the conclusion of the approved event;

(d) that the film is not screened other than before a subscription audience; and

(e) that no person under the age of 18 years is admitted to a screening of the film.

“(3) An approved organization that is the holder of a permission shall, as soon as practicable after the film has been exported or delivered in pursuance of paragraph 31 (2) (c), notify the Chief Censor of the fact.

Approval of organization and events

“32. (1) The Attorney-General may, by instrument in writing, approve organizations and events for the purposes of this Part.

“(2) In determining whether to approve an organization or an event, the Attorney-General shall have regard to—

(a) the purposes for which the organization was formed;

(b) the extent to which the event is in keeping with the purposes of the organization;

(c) the extent to which the organization carries on activities of a cultural or artistic nature;

(d) the reputation of the organization with respect to the screening of films;

(e) the conditions imposed by the organization with respect to the admission of persons to the screening of films by the organization.

“(3) An approval under this regulation shall be published in the Gazette.

Revocation of approval

“33. The Attorney-General may revoke an approval given under regulation 32 in respect of an organization if—

(a) the organization has failed to comply with a condition subject to which a permission to import a film was granted, being a permission granted in respect of a film to be screened at an event conducted by the organization; or

(b) the Attorney-General determines that, by reason of a change in the matters referred to in sub-regulation 32 (2), it is no longer appropriate that the organization be an approved organization.

Review of decision of Attorney-General

“34. (1) Where the Attorney-General makes a decision—

(a) refusing to approve an organization or event under regulation 32; or

(b) revoking an approval under regulation 33,

he shall, by notice in writing within 30 days after the date of the decision, inform the organization to which the decision relates of the decision.

“(2) An application may be made to the Administrative Appeals Tribunal for review of a decision referred to in sub-regulation (1).

“(3) A notice referred to in sub-regulation (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

“(4) A failure to comply with the requirements of sub-regulation (3) in relation to a decision shall not be taken to affect the validity of the decision.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 April 1983.

2.