Customs (Cinematograph Films) Regulations (Cth)
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS
- In force under the Customs Act 1901
- Updated as at 27 April 1994 (HISTREG CHAP 941 #DATE 27:04:1994)
- In force under the Customs Act 1901
- Updated as at 27 April 1994 (HISTREG CHAP 941 #DATE 27:04:1994)
*1* The Customs (Cinematograph Films) Regulations (in force under the Customs Act 1901) as shown in this reprint comprise Statutory Rules 1956 No. 94 amended as indicated in the Tables below.
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1956 No. 94 14 Dec 1956 14 Dec 1956
1958 No. 68 23 Oct 1958 23 Oct 1958 -
1961 No. 48 23 Mar 1961 23 Mar 1961 -
1963 No. 79 16 Aug 1963 16 Aug 1963 -
1967 No. 144 26 Oct 1967 26 Oct 1967 -
1970 No. 69 28 May 1970 28 May 1970 -
190 15 Dec 1970 Rr. 1 and 21: 15 Dec 1970
Remainder: 4 Jan 1971
R. 21
1972 No. 98 29 June 1972 1 July 1972 -
1973 No. 163 30 Aug 1973 30 Aug 1973 -
1974 No. 189 15 Oct 1974 15 Oct 1974 -
1975 No. 59 22 Apr 1975 22 Apr 1975 -
1979 No. 17 15 Feb 1979 15 Feb 1979 -
185 24 Sept 1979 24 Sept 1979 -
1983 No. 38 18 Apr 1983 18 Apr 1983 -
332 23 Dec 1983 1 Feb 1984 -
1984 No. 103 4 June 1984 4 June 1984 -
1985 No. 105 13 June 1985 13 June 1985 -
1989 No. 207 7 Aug 1989 7 Aug 1989 -
417 8 Jan 1990 8 Jan 1990 -
1990 No. 40 27 Feb 1990 27 Feb 1990 -
1994 No. 85 7 Apr 1994 7 Apr 1994 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 rep. 1983 No. 332
R. 2A ad. 1983 No. 332
rs. 1989 No. 417
R. 3 am. 1970 Nos. 69 and 190
rs. 1983 No. 38
rep. 1983 No. 332
R. 4 am 1961 No. 48; 1963 No. 79; 1970 No. 190; 1983 No.
332; 1989 Nos. 207 and 417; 1994 No. 85
R. 5 am. 1958 No. 68; 1963 No. 79; 1967 No. 144; 1970 No.
190; 1973 No. 163; 1974 No. 189; 1979 No. 185; 1983
No. 332; 1984 No. 103; 1989 No. 207; 1994 No. 85
R. 6 rs. 1970 No. 190
am. 1979 No. 17
rs. 1989 No. 207
am. 1994 No. 85
R. 7 am. 1973 No. 163; 1983 No. 332
R. 7AA ad. 1973 No. 163
rep. 1975 No. 59
R. 7A ad. 1963 No. 79
am. 1983 No. 332; 1989 No. 207; 1994 No. 85
R. 8 am. 1983 No. 332
Heading to Part II rs. 1970 No. 190
R. 9 am. 1970 No. 190
rs. 1990 No. 40
R. 10 rs. 1990 No. 40
Rr. 10A, 10B ad. 1990 No. 40
R. 12 am. 1970 No. 190
Rr. 13-15 am. 1970 No. 190; 1983 No. 332
R. 16 am. 1970 No. 190
Rr. 17, 18 am. 1983 No. 332
R. 18A ad. 1983 No. 332
R. 19 am. 1990 No. 40
Rr. 20, 21 am. 1983 No. 332
R. 22 am. 1961 No. 48; 1970 No. 190; 1983 No. 332; 1990
No. 40
R. 23 am. 1961 No. 48; 1970 No. 190; 1983 No. 332
R. 24 am. 1970 No. 190; 1973 No. 163; 1983 No. 332; 1990
No. 40
R. 25 rep. 1970 No. 190
R. 26 am. 1991 No. 40
R. 27 am. 1970 No. 190; 1973 No. 163; 1983 No. 332
Part III (rr. 28-34) rep. 1970 No. 59
ad. 1983 No. 38
Rr. 28-30 rep. 1970 No. 69
ad. 1983 No. 38
R. 31 rep. 1970 No. 69
ad. 1983 No. 38
am. 1985 No. 105
Rr. 32, 33 rep. 1970 No. 69
ad. 1983 No. 38
R. 34 rep. 1970 No. 69
ad. 1983 No. 38
am. 1990 No. 40
Part IV (rr. 35-39) rep. 1970 No. 190
Part IV (rr. 35-39,
39A-39C) ad. 1970 No. 190
R. 35 rs. 1970 No. 190
am. 1974 No. 189; 1983 No. 332; 1989 No. 417
Rr. 36, 37 rs. 1970 No. 190
R. 38 rs. 1970 No. 190
am. 1983 No. 332R. 39
rs. 1970 No. 190
am. 1983 No. 332; 1989 No. 417; 1990 No. 40
Rr. 39A-39C ad. 1970 No. 190
am. 1983 No. 332
R. 39D ad. 1983 No. 332
am. 1989 No. 417; 1994 No. 85
R. 40 am. 1973 No. 163
Rr. 40A, 40B ad. 1990 No. 40
R. 41 am. 1970 No. 69
R. 42 rep. 1970 No. 190
The Schedule am. 1961 No. 48; 1970 Nos. 69 and 190; 1972 No. 98;
1983 No. 332
rep. 1989 No. 417
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
PART I - PRELIMINARY
1. Citation
2A. Application of Regulations
4. Interpretation
5. Censorship Board
6. Appointment of persons to act as members of the Board
7. Deputy Censors
7A. Delegation by Chief Censor
8. Exercise of powers etc. of Censorship Board
PART II - THE IMPORTATION OF FILMS AND ADVERTISING MATTER
9. Importation of films and advertising matter prohibited
10. Importation of films subject to conditions
10A. Importation of advertising matter subject to conditions
10B. Permission to import films or advertising matter
11. Film not to be delivered from Customs Control until registered
12. Advertising matter not to be delivered from the control of the
Customs until passed
13. Bars to registration or passing
14. Application for registration of a film
15. Screening of films and examination of advertising matter
16. Persons before whom screening is to take place
17. Screening of films
18. Screening before the Board
18A. Registration of unscreened films
19. Registration may be subject to conditions and to the giving of
security
20. Certificate of registration
21. Notice of refusal of registration
22. Reconstruction of films where application is made by the
importer
23. Screening of films
24. Examination before censorship
26. Advertising matter
27. Rejected film to be exported or destroyed
PART III - FILMS TO BE SCREENED BY APPROVED ORGANIZATIONS
28. Interpretation
29. Importation of certain films prohibited
30. Application for permission to import a film
31. Permission to import films
32. Approval of organization and events
33. Revocation of approval
34. Notice of certain decisions of Attorney-General
PART IV - REVIEW OF DECISIONS OF THE CENSORSHIP BOARD
35. Constitution of Board of Review
36. Chairman and Deputy Chairman
37. Acting members of the Board of Review
38. Organization of the Board of Review
39. Applications to the Board of Review
39A. Hearing of review
39B. Decision on review
39C. Decision of Board of Review to be final
39D. Additional functions of Censorship Board, Censor and Board of
Review
PART V - MISCELLANEOUS
40. Powers of the Attorney-General
40A. Review of directions of Attorney-General
40B. Review by Tribunal
41. Regulations do not derogate from any other law
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - PART I
PART I - PRELIMINARY
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Customs (Cinematograph Films) Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 2A
Application of Regulations
2A. These Regulations, other than regulation 39D, apply to and in relation to a film that is imported for public exhibition.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 4
Interpretation
4. (1) In these Regulations, unless the contrary intention appears:
"advertising matter" means posters, photographs, sketches, programmes and other matter intended for use in connexion with the exhibition of a film; "Board" means the Censorship Board constituted by regulation 5;
"Board of Review" means the Film and Literature Board of Review established by regulation 35;
"Censor" means a member of the Board or a Deputy Censor;
"Chief Censor" means the member of the Board appointed to be the Chief Censor under these Regulations;
"Deputy Chief Censor" means the member of the Board appointed to be the Deputy Chief Censor under these Regulations;
"film" means a cinematograph film, a video tape or video disc, and includes a positive or negative of a cinematograph film;
"member of the Board" includes the Chief Censor, the Deputy Chief Censor and the Senior Censors;
"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;
"Senior Censor" means a person appointed to the Board as a Senior Censor;
"the Act" means the Customs Act 1901.(2) A reference in these Regulations to a form by number shall be deemed to be a reference to the form so numbered in the Schedule to these Regulations.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 5
Censorship Board
5. (1) For the purposes of these Regulations, there shall be a Censorship Board. (2) The Board consists of the Chief Censor, the Deputy Chief Censor, 2 Senior Censors and not more than 11 other members.
(3) The members of the Board shall be appointed by the Governor-General.
(4) The members of the Board shall hold office for such period, not exceeding 6 years, as the Governor-General determines, but are eligible for re-appointment.
(5) A member of the Board (not being an officer or employee of the Australian Public Service) shall be appointed on such terms and conditions, including terms and conditions relating to remuneration and allowances, as the Governor-General determines.
(6) The Governor-General shall not make a determination under subregulation (5) in relation to any matter in respect of which a determination is for the time being in force under the Remuneration Tribunals Act 1973.
(7) A member of the Board may be removed from office by the Governor- General for misbehaviour or physical or mental incapacity.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 6
Appointment of persons to act as members of the Board
6. (1) The Attorney-General may appoint a person to act in the office of the Chief Censor, the Deputy Chief Censor, a Senior Censor or another member of the Board:
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;
but a person appointed to act during a vacancy is not to continue so to act for more than 3 months.(2) Anything done by or in relation to a person purporting to act under subregulation (1) is not invalid because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 7
Deputy Censors
7. (1) The Attorney-General may appoint a person to be a Deputy Censor for the purposes of these Regulations. (2) A Deputy Censor appointed in pursuance of subregulation (1) shall hold office during the pleasure of the Attorney-General.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 7A
Delegation by Chief Censor
7A. (1) The Chief Censor may, by writing under his hand, delegate to the Deputy Chief Censor, a Senior Censor or another member of the Board or a Deputy Censor any of his powers, duties and functions under these Regulations. (4) A delegation under this regulation continues in operation during a vacancy in the office of the Chief Censor or during any period in which the Chief Censor is unable to carry out the duties of his office, unless and until it is revoked by the person exercising the powers of the Chief Censor under regulation 6.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 8
Exercise of powers etc. of Censorship Board
8. (1) The powers and functions conferred on the Board under these Regulations may be exercised or performed by any 2 or more members of the Board and may be so exercised or performed notwithstanding that any other 2 members of the Board are at the same time exercising or performing the powers or functions of the Board. (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 subregulation (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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - PART II
PART II - THE IMPORTATION OF FILMS AND ADVERTISING MATTER
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 9
Importation of films and advertising matter prohibited
9. The importation of a film, other than a film to which Part III applies, or advertising matter, into Australia is prohibited unless:
(a) the film complies with the conditions specified in regulation 10; or
(b) the advertising matter complies with the conditions specified in regulation 10A; or
(c) permission to import the film or advertising matter has been granted under regulation 10B.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 10
Importation of films subject to conditions
10. The importation into Australia of a film is subject to the following conditions:
(a) that an application for the registration of the film is made within 120 days of the importation;
(b) if registration of the film is not granted - that another application for registration of that film, other than an application under subregulation 22 (4), will not be made before the end of 2 years after the day on which the application for registration was made;
(c) that the film will not be exhibited in a form other than the form in which the film is registered;
(d) that the film will not be exhibited under a title other than the title under which it is registered.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 10A
Importation of advertising matter subject to conditions
10A. The importation into Australia of advertising matter is subject to the following conditions:
(a) that the advertising matter will not be used in any form other than the form in which it is passed;
(b) that the advertising matter will be used without any addition or comment.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 10B
Permission to import films or advertising matter
10B. (1) The Chief Censor may, on application, grant permission in writing for the importation of a film or advertising matter. (2) Permission granted under subregulation (1):
(a) must be in writing; and
(b) in the case of a film - may specify:
(i) a condition that is specified in regulation 10; and
(ii) a condition or requirement with respect to the possession,
control, exhibition, use, disposal or exportation from Australia of the film;
to be complied with by the person to whom permission is granted; and
(c) in the case of advertising matter - may specify:
(i) a condition that is specified in regulation 10A; and
(ii) a condition or requirement with respect to the possession,
control, exhibition, use, disposal or exportation from Australia of the advertising matter;
to be complied with by the person to whom permission is granted; and
(d) in respect of a condition or requirement referred to in paragraph (b) or (c) - may specify the time, being a time either before or after the importation, within which the condition or requirement is to be complied with by the person to whom permission is granted.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 11
Film not to be delivered from Customs Control until registered
11. A film shall not be delivered from the control of the Customs until it has been registered in accordance with this Part.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 12
Advertising matter not to be delivered from the control of the Customs
until passed
12. Advertising matter shall not be delivered from the control of the Customs until it has been passed in accordance with this Part.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 13
Bars to registration or passing
13. (1) Subject to subregulation (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:
(a) the film or advertising matter is blasphemous, indecent or obscene;
(b) the film or advertising matter is likely to be injurious to morality, or to encourage or incite to crime; or
(d) the film or advertising matter depicts any matter the exhibition of which is undesirable in the public interest.(2) Where application is made to the Board of Review under regulation 39 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 (1) (a), (b) or (d), the decision of the Censorship Board not to register the film or pass the advertising matter, as the case may be.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 14
Application for registration of a film
14. (1) An application for the registration of a film shall be made by the importer, shall be in accordance with a form approved by the Chief Censor and shall be lodged with a Censor. (2) The importer shall forward to the Censor with whom the application is lodged a synopsis of the story depicted by the film.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 15
Screening of films and examination of advertising matter
15. (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. (2) Advertising matter shall not be passed until it has been examined in accordance with this Part.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 16
Persons before whom screening is to take place
16. (1) The Chief Censor may direct that the screening of a film take place before:
(a) the Board;
(b) a member of the Board; or
(c) a Deputy Censor.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 17
Screening of films
17. (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.
(2) Where a member of the Board or a Deputy Censor refers an application for registration to the Chief Censor under subregulation (1), the Chief Censor shall cause the film to be screened before the Board.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 18
Screening before the Board
18. Where a film is screened before the Board in pursuance of regulation 16 or 17, and the Board is of opinion that the film is a film of a kind referred to in paragraph 13 (1) (a), (b) or (d), the Board shall refuse the application for registration, but, if the Board is not of that opinion, it shall approve the registration of the film.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 18A
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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 19
Registration may be subject to conditions and to the giving of security
19. The registration of a film may be granted:
(a) either without conditions or subject to such conditions as the Board, the member of the Board or the Deputy Censor, as the case may be, thinks fit; or
(b) subject to the importer giving security to the satisfaction of the Collector in an amount determined by the Collector for the observance of the conditions subject to which the registration has been granted and the following conditions:
(iii) that advertising matter used in connexion with the film by
the importer or any other person shall not refer, directly or indirectly, to any scene, episode or wording not included in the film in the form in which it has been registered; and
(iv) that advertising matter used in connexion with the film shall
not contain any matter which is indecent, obscene or injurious to public morality; or
(c) both subject to the conditions referred to in paragraphs (a) and (b) and the giving of that security.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 20
Certificate of registration
20. Where the registration of a film is approved under this Part, the Chief Censor shall cause the film to be registered and:
(a) shall, if the registration is granted subject to conditions, cause a certificate of registration in accordance with a form approved by the Chief Censor to be given to the importer; and
(b) may, in any other case, cause such a certificate to be given to the importer.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 21
Notice of refusal of registration
21. Where an application for the registration of a film is refused, the Chief Censor shall cause notice of the refusal, setting out the grounds of the refusal, to be given to the importer.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 22
Reconstruction of films where application is made by the importer
22. (1) Where:
(a) the Board has refused to grant the registration of a film; or
(b) the Board of Review has, on an application made under regulation 39, refused to direct the Censorship Board to register the film;
the importer may make application for permission to reconstruct the film.(2) An application for permission to reconstruct a film shall be made within 14 days, or within such further time as the Chief Censor in special circumstances allows, after the date of the notice of the refusal of the application for registration or the date of the decision of the Board of Review and shall be accompanied by a plan setting out in detail the grounds upon which the importer claims that reconstruction should be permitted and the proposed alterations, deletions or additions to the film.
(3) The Chief Censor may approve or disapprove of a plan for the reconstruction of a film or so alter or amend the plan as he thinks fit.
(4) The Board may, on application by the importer, approve of the registration of the film if reconstructed in accordance with the plan as approved, or as altered or amended, by the Chief Censor.
(5) The Chief Censor may, for the purpose of enabling the film to be so reconstructed, grant permission for the film to be removed to a specified place and may require the importer to deposit security to the satisfaction of the Collector in an amount determined by the Collector for the observance of the following conditions:
(a) that the film shall not be screened before any person other than the importer and 4 bona fide representatives of the importer;
(b) that the film as reconstructed shall, within 14 days after its removal from the control of the Customs be returned to the control of the Customs at the place from which it was removed; and
(c) that all matter eliminated from the film in the reconstruction of the film shall be properly tagged, described and forwarded to the Board.(6) The importer shall, when forwarding the matter eliminated from the film to the Board, forward one positive print of the eliminated matter which shall be filed by the Board and dealt with in such manner as the Comptroller directs.
(7) If a positive film has been printed in Australia from a negative film and part of the film is eliminated in the course of the reconstruction of the film, that part of the negative film which has been eliminated shall be forwarded to the Board and dealt with in such manner as the Comptroller directs.
(7A) Subregulations (6) and (7) do not apply to or in relation to a video tape.
(8) The matter eliminated from the film in the course of the reconstruction of the film shall, unless it is exported within 28 days after it is forwarded to the Board, be destroyed under the supervision of the Customs.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 23
Screening of films
23. (1) A film shall be screened as and when required by a Censor. (2) The screening shall be carried out at the risk of the importer.
(4) At a screening of a film, the importer, not more than 4 bona fide representatives of the importer and persons approved by the Chief Censor are entitled to be present.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 24
Examination before censorship
24. (1) The Chief Censor may grant approval to an importer who has made application for the registration of a film to remove the film to a specified place in a sealed container or package for the purpose of waxing the film, inspecting the film, repairing the film, making alterations to, or deletions from, the film, or, if the film is a negative film, of printing a positive film from the film, and may grant approval subject to the importer depositing with the Collector the amount of duty payable on the film and giving security to the satisfaction of the Collector in an amount determined by the Collector for the observance of the following conditions:
(a) that the importer shall not remove the film unless he has given not less than 24 hours' notice to the Collector of the address of the place to which the film is to be removed;
(b) that the film shall, within 24 hours after its removal, be delivered to that place;
(c) that the film shall be treated, repaired or altered, or, if the film is a negative, the film shall be printed, under the supervision of an officer within 48 hours, or such further time as the Collector allows, after the film is delivered to the place;
(d) that, if the film is a negative film or a soft positive film, not more than one positive film shall be printed from the negative film or soft positive film;
(e) that the film or a part of the film shall not otherwise be printed, reproduced or copied;
(f) that, at a screening of the film while it is removed under this regulation, no person other than the importer and not more than 4 of his bona fide representatives shall be present;
(g) the film and, if a negative film has been delivered, the negative film and the resultant positive film shall be returned within 10 days after the removal of the film by the importer under this regulation to the place from which the film was removed or to the office of the Board; and
(h) all matter eliminated from the film shall be properly tagged and described and shall be returned with the film.(2) If the Chief Censor has not granted approval under subregulation (1), the importer may arrange for the film to be screened at an office of the Board and may make, under the supervision of a Censor or a person authorized by the Chief Censor, such alterations or eliminations as the importer thinks fit.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 26
Advertising matter
26. (1) Advertising matter shall not be delivered from the control of the Customs until it has been passed by the Board or a member of the Board. (2) An importer of advertising matter shall lodge with the Board a copy of the advertising matter.
(3) The Board or a member of the Board may, if it or the member thinks fit, pass, either with or without amendment, or reject the advertising matter.
(4) Permission for delivery of the advertising matter from the control of the Customs may be granted subject to the importer giving security to the satisfaction of the Collector in a sum determined by the Collector for the observance of the conditions referred to in paragraph 10B (2) (c).
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 27
Rejected film to be exported or destroyed
27. Where a film is not registered or advertising matter is not passed, under this Part, the importer shall export the film or advertising matter, or destroy it under the supervision of an officer, within 28 days:
(a) after the date on which the Board refuses to register the film or to pass advertising matter;
(b) if application is made under regulation 39 - after the date of the decision of the Board of Review; or
(c) if the Attorney-General has directed that the matter be referred to him - after the date of the decision of the Attorney-General.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - PART III
PART III - FILMS TO BE SCREENED BY APPROVED ORGANIZATIONS
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 28
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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 29
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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 30
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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 31
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 subregulation (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 3 times 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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 32
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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 33
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 subregulation 32 (2), it is no longer appropriate that the organization be an approved organization.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 34
Notice of certain decisions 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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - PART IV
PART IV - REVIEW OF DECISIONS OF THE CENSORSHIP BOARD
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 35
Constitution of Board of Review
35. (1) For the purpose of this Part, there is hereby established a Film and Literature Board of Review. (2) The Board of Review shall consist of not less than 5 and not more than 6 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 6 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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 36
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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 37
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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 38
Organization of the Board of Review
38. (1) The functions of the Board of Review may be exercised by not less than 3 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.
(3) The functions of the Board of Review may be exercised by 3 members of the Board of Review notwithstanding that 3 other members of the Board of Review are at the same time exercising the functions of the Board of Review.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 39
Applications to the Board of Review
39.*2* (1) A person aggrieved by a decision of the Censorship Board or a Censor, other than the Chief Censor under subregulation 22 (5) or 24 (1), on a matter arising under these Regulations may apply to the Board of Review to review the decision of the Censorship Board or the Censor. (2) An application under subregulation (1) shall be in accordance with a form approved by the Chief Censor and shall be lodged with the Chairman of the Board of Review within 14 days after the date of the decision of the Censorship Board or the Censor to which it relates or within such further period as the Chairman of the Board of Review allows. *2* R. 39 (2) - Paragraph 8 (d) of Statutory Rules 1990 No. 40 provides as follows:
(d) by omitting from subregulation 39 (2) "the Chairman of". The proposed amendment was misdescribed and is not incorporated in this reprint.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 39A
Hearing of review
39A. (1) Where application is made to the Board of Review under regulation 39 or in pursuance of a law of the Australian Capital Territory, 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 24 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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 39B
Decision on review
39B. (1) On the hearing of an application under regulation 39, 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.(2) Where the members who constitute the Board of Review for the purpose of reviewing a decision of the Censorship Board under these Regulations or under a law of the Australian Capital Territory 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.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 39C
Decision of Board of Review to be final
39C. Subject to regulation 40, the decision of the Board of Review on a matter is final.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 39D
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, publications and computer games, 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) In subregulation (1) "publication" means any book, paper, magazine, or other written or pictorial matter that is made available, or is intended to be made available, for exhibition, display, sale, letting on hire or distribution to the public.
(3) For the purposes of subregulation (1), "computer games" has the same meaning as in the Classification of Publications Ordinance 1983 of the Australian Capital Territory.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - PART V
PART V - MISCELLANEOUS
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 40
Powers of the Attorney-General
40. (1) The Attorney-General may direct that a matter arising under these Regulations be submitted to him for determination. (2) Upon the submission of a matter to the Attorney-General, the Attorney-General may give such directions as he thinks fit and the Chief Censor shall take such action as is necessary to give effect to the directions of the Attorney-General.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 40A
Review of directions of Attorney-General
40A. (1) If the Attorney-General gives a direction under subregulation 40 (2), he or she must inform, by notice in writing, the importer of the film or advertising matter to which the direction relates. (2) The Attorney-General may certify in writing that in his or her opinion it is in the public interest that responsibility for a direction specified in the certificate should reside solely with the Attorney-General and should not be reviewable by the Administrative Appeals Tribunal.
(3) A certificate must include a statement of the grounds on which the certificate is issued.
(4) The Attorney-General is to give a copy of a certificate to the person to whom notice of the giving of a direction is required to be given under subregulation (1).
(5) The Attorney-General is to cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the certificate is issued.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 40B
Review by Tribunal
40B. (1) In this regulation:
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.(2) Application may be made to the Administrative Appeals Tribunal for review of a decision of:
(a) the Chief Censor under subregulation 22 (5) or 24 (1); or
(b) the Collector under paragraph 19 (b) or (c) or subregulation 22 (5), 24 (1) or 26 (4); or
(c) the Attorney-General under regulation 34 or subregulation 40 (2).(3) While a certificate under subregulation 40A (2) is in force in relation to a direction, paragraph (2) (c) does not apply to the direction.
(4) If a decision of a kind to which subregulation (2) applies is made and a notice in writing of the decision is given to a person affected by the decision, the notice must include:
(a) a statement to the effect that application may be made to the Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision; and
(b) except where subsection 28 (4) of that Act applies - a statement to the effect that a person who is entitled to apply to the Tribunal for review of the decision may, under section 28 of that Act, request a statement that includes reasons for the decision.(5) A contravention of subregulation (4) in relation to a decision does not affect the validity of the decision.
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS - REG 41
Regulations do not derogate from any other law
41. The provisions of these Regulations are in addition to, and do not derogate from, the operation of any other law of the Commonwealth relating to the importation of goods into Australia.
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