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

Statutory Rules 1970, No. 190(b)

Commencement.

1.—(1.) Regulations 2 to 20 (inclusive) of these Regulations shall come into operation on the fourth day of January, 1971.

(2.) Regulations 1 and 21 of these Regulations shall come into operation on the day on which notice of the making of these Regulations is published in the Gazette.

Parts.

2. Regulation 3 of the Customs (Cinematograph Films) Regulations is amended—

(a) by omitting the words—

“Part II.—The Importation of Films, Slides and Advertising Matter (Regulations 9-27).”

and inserting in their stead the words—

“Part II.—The Importation of Films and Advertising Matter (Regulations 9-27).”; and

(b) by omitting the words—

“Part IV.—Appeals (Regulations 35-39).

“Part V.—Miscellaneous (Regulations 40-42).”

and inserting in their stead the words—

“Part IV.—Review of Decisions of the Censorship Board (Regulations 35-39c).

“Part V.—Miscellaneous (Regulations 40-41).”.

Interpretation.

3. Regulation 4 of the Customs (Cinematograph Films) Regulations is amended—

(a) by omitting from sub-regulation (1.) the definition of “slide”;

(b) by omitting from sub-regulation (1.) the definition of “the Appeal Censor”; and

 

(b) Made under the Customs Act 1901-1968 on 14 December 1970; notified in the Commonwealth Gazette on 15 December 1970.

(c) by inserting in sub-regulation (1.), after the definition of “the Board”, the following definition:—

“‘the Board of Review’ means the Cinematograph Films Board of Review established by regulation 35 of these Regulations;”.

Censorship Board.

4. Regulation 5 of the Customs (Cinematograph Films) Regulations is amended—

(a)by omitting from sub-regulation (1.) the words “and an Appeal Censor”;

(b)by omitting from sub-regulation (2.) the word “six” and inserting in its stead the word “five”;

(c) by omitting from sub-regulations (3.), (4.). (5.) and (6.) the words “and the Appeal Censor”; and

(d)by omitting from sub-regulation (7.) the words “or the Appeal Censor”.

5. Regulation 6 of the Customs (Cinematograph Films) Regulations is repealed and the following regulation inserted in its stead:—

Appointment of persons to act as Chief Censor, Deputy Chief Censor or member of the Board.

“(6.) The Governor-General may appoint a person to act as the Chief Censor, the Deputy Chief Censor or a member of the Board during any period when—

(a)there is a vacancy in the office of Chief Censor or Deputy Chief Censor or of a member of the Board, as the case may be; or

(b)the Chief Censor, the Deputy Chief Censor or a member of the Board, as the case may be, is, for any reason, unable to carry out the duties of his office,

and a person so appointed has the powers, and shall perform the duties, of the Chief Censor, Deputy Chief Censor or member of the Board, as the case may be.”.

Heading to Part II.

6. The heading to Part II. of the Customs (Cinematograph Films) Regulations is repealed and the following heading inserted in its stead:—

“Part II.—The Importation of Films and Advertising Matter.”.

Importation of films and advertising matter prohibited.

7. Regulation 9 of the Customs (Cinematograph Films) Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “, slide” (wherever occurring); and

(b)by omitting from sub-regulation (2.) the word “, slide”.

Advertising matter not to be delivered from the control of the Customs until passed.

8. Regulation 12 of the Customs (Cinematograph Films) Regulations is amended by omitting the words “A slide or advertising” and inserting in their stead the word “Advertising”.

Bars to registration or passing.

9. Regulation 13 of the Customs (Cinematograph Films) Regulations is amended—

(a) by omitting the words “A film” and inserting in their stead the words “Subject to the next succeeding sub-regulation, a film”;

(b)by omitting the words “, or, on appeal, in the opinion of the Appeal Censor”; and

(c) by adding at the end thereof the following sub-regulation:—

“(2.) Where application is made to the Board of Review under regulation 39 of these Regulations to review a decision of the Censorship Board in relation to a film or advertising matter, the film shall not be registered, or the advertising matter shall not be passed, under this Part if the Board of Review confirms, on the ground that the film or advertising matter is of a kind referred to in paragraph (a), (b), (c) or (d)of the last preceding sub-regulation, the decision of the Censorship Board not to register the film or pass the advertising matter, as the case may be.”.

 

Application for registration of a film.

10. Regulation 14 of the Customs (Cinematograph Films) Regulations is amended by omitting sub-regulation (3.).

Film to be screened and advertising matter to be examined.

11. Regulation 15 of the Customs (Cinematograph Films) Regulations is amended by omitting from sub-regulation (2.) the words “A slide or advertising” and inserting in their stead the word “Advertising”.

Persons before whom screening is to take place.

12. Regulation 16 of the Customs (Cinematograph Films) Regulations is amended—

(a)by omitting paragraph (c) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(c) a Deputy Censor.”; and

(b)by omitting sub-regulations (2.) and (3.).

Reconstruction of films where application is made by the importer.

13. Regulation 22 of the Customs (Cinematograph Films) Regulations is amended—

(a)by omitting paragraph (b)of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(b) the Board of Review has, on an application made under regulation 39 of these Regulations, refused to direct the Censorship Board to register the film,”; and

(b) by omitting from sub-regulation (2.) the words “Appeal Censor” and inserting in their stead the words “Board of Review”.

Screening of films.

14. Regulation 23 of the Customs (Cinematograph Films) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, and a slide shall be exhibited,”;

(b)by omitting from sub-regulation (2.) the words “or exhibition”; and

(c) by omitting sub-regulations (3.) and (3a.).

Examination before censorship.

15. Regulation 24 of the Customs (Cinematograph Films) Regulations is amended by omitting from sub-regulation (2.) the words “, upon payment of the fee prescribed by regulation 23 of these Regulations,”.

Repeal.

16. Regulation 25 of the Customs (Cinematograph Films) Regulations is repealed.

Rejected film to be exported or destroyed.

17. Regulation 27 of the Customs (Cinematograph Films) Regulations is amended—

(a)by omitting the words “, or a slide”;

(b)by omitting the word “, slide”;

(c) by omitting from paragraph (a) the words “or the Chief Censor refuses to pass the slide”; and

(d) by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b)if application is made under regulation 39 of these Regulations—after the date of the decision of the Board of Review; or”.

18. Part IV. of the Customs (Cinematograph Films) Regulations is repealed and the following Part inserted in its stead:—

“Part IV.—Review of Decisions of the Censorship Board.

Constitution of Board of Review.

“35.—(1.) For the purpose of this Part, there is hereby established a Cinematograph Films Board of Review.

“(2.) The Board of Review shall consist of not less than five and not more than six members, who shall be appointed by the Governor-General.

“(3.) In appointing members of the Board of Review, the Governor-General shall ensure that one of the members is a woman.

“(4.) A member of the Board of Review holds office for such period, not exceeding three years, as the Governor-General determines, and is eligible for re-appointment.

“(5.) A member of the Board of Review holds office on such terms and conditions as the Governor-General determines.

“(6.) A member of the Board of Review (not being an officer of the Public Service of the Commonwealth) is entitled to be paid such fees and travelling allowances as the Governor-General determines.

“(7.) The Governor-General may remove a member of the Board of Review from office for misbehaviour or physical or mental incapacity.

Chairman and Deputy Chairman.

36.—(1.) There shall be a Chairman of the Board of Review and a Deputy Chairman of the Board of Review, who shall be appointed by the Governor-General from among the members of the Board of Review (other than acting members of the Board of Review).

“(2.) A person appointed as Chairman of the Board of Review or as Deputy Chairman of the Board of Review holds office during the pleasure of the Governor-General, but ceases to hold office if he ceases to be a member of the Board of Review.

“(3.) If the Chairman of the Board of Review or the Deputy Chairman of the Board of Review is unable, by reason of illness, absence or otherwise, to perform the duties of his office, the Governor-General may appoint another member of the Board of Review (not being an acting member of the Board of Review) to be the acting Chairman of the Board of Review, or to be the acting Deputy Chairman of the Board of Review, during that inability.

Acting members of the Board of Review.

“37. The Governor-General may appoint a person to be an acting member of the Board of Review during any period when—

(a)there is a vacancy in the office of a member of the Board of Review; or

(b)a member of the Board of Review is unable, by reason of illness, absence or otherwise, to perform the duties of his office.

Organization of the Board of Review.

“38.—(1.) The functions of the Board of Review may be exercised by not less than three members of the Board of Review of whom one is the Chairman of the Board of Review or the Deputy Chairman of the Board of Review.

“(2.) The Chairman of the Board of Review shall determine which members are to constitute the Board of Review in relation to an application under regulation 39 of these Regulations.

“(3.) The functions of the Board of Review may be exercised by three members of the Board of Review notwithstanding that three other members of the Board of Review are at the same time exercising the functions of the Board of Review.

Applications to the Board of Review.

“39.—(1.) A person aggrieved by a decision of the Censorship Board on a matter arising under these Regulations may apply to the Board of Review to review the decision of the Censorship Board.

“(2.) An application under the last preceding sub-regulation shall be in accordance with Form 7 and shall be lodged with the Chairman of the Board of Review within fourteen days after the date of the decision of the Censorship Board to which it relates or within such further period as the Chairman of the Board of Review allows.

Hearing of review.

“39a.—(1.) Where application is made to the Board of Review under the last preceding sub-regulation, the Chairman of the Board of Review shall fix a time and place for the hearing of the review and shall cause not less than twenty-four hours’ notice of the time and place so fixed to be given to the applicant.

“(2.) The Board of Review may require a film or advertising matter to which an application relates to be screened or exhibited before it.

“(3.) The screening or exhibition shall be at the risk of the applicant.

“(4.) The applicant has the right to be present at the screening of a film or at the exhibition of advertising matter.

Decision on review.

“39b.—(1.) On the hearing of an application under regulation 39 of these Regulations, the Board of Review—

(a)may confirm the decision of the Censorship Board; or

(b)may direct the Censorship Board to grant the permission sought by the applicant either without conditions or subject to such conditions as the Board of Review thinks fit, being conditions that the Censorship Board could have imposed under regulation 19 of these Regulations.

“(2.) Where the members who constitute the Board of Review for the purpose of reviewing a decision of the Censorship Board are divided in opinion—

(a)the decision of the majority of those members shall be deemed to be the decision of the Board of Review; or

(b)if those members are equally divided in opinion—the application shall be reheard by the Board of Review constituted as the Chairman of the Board of Review determines.

“(3.) The Censorship Board shall give effect to a decision of the Board of Review.

Decision of Board of Review to be final.

“39c. Subject to regulation 40 of these Regulations, the decision of the Board of Review on a matter is final.”.

Repeal.

19. Regulation 42 of the Customs (Cinematograph Films) Regulations is repealed.

The Schedule.

20. Form 7 in the Schedule to the Customs (Cinematograph Films) Regulations is repealed and the following Form inserted in its stead:—

“Form 7 Regulation 39.

Customs (Cinematograph Films) Regulations

To the Chairman of the Board of Review

I hereby request the Board of Review to review the following decision of the Censorship Board:—

The grounds upon which the Board is requested to review the decision are as follows:—

Dated this day of , 19 .

Applicant.

Transitional.

21. At any time after the day on which notice of the making of these Regulations is published in the Gazette and before the fourth day of January, 1971, the Governor-General may, under regulation 35 of the Customs (Cinematograph Films) Regulations as amended by these Regulations, appoint persons to be members of the Cinematograph Films Board of Review established by that regulation as if the provisions of these Regulations referred to in sub-regulation (1.) of regulation 1 of these Regulations had come into operation on that first-mentioned day, but a person so appointed does not hold office for any period before the fourth day of January, 1971.

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