Customs (Literature Censorship) Regulations (Amendment) (Cth)

STATUTORY RULES.

1960. No. 50.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1959.*

I, 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 1901-1959.

Dated this 22nd day of June, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

———

Amendments of the Customs (Literature Censorship) Regulations.

Definitions.

1. Regulation 2 of the Customs (Literature Censorship) Regulations is amended by inserting after the definition of “the Act” the following definition:—

“‘the Appeal Board’ means the Literature Censorship Appeal Board constituted under these Regulations;”.

2. Regulation 5 of the Customs (Literature Censorship) Regulations is repealed and the following regulation inserted in its stead:—

Constitution of Appeal Board.

“5. For the purposes of these Regulations, there shall be a Literature Censorship Appeal Board consisting of a Chairman and two other members, who shall be appointed by the Governor-General.”.

Term of office of members of Board and Appeal Board.

3. Regulation 6 of the Customs (Literature Censorship) Regulations is amended by omitting the words “the Appeal Censor” and inserting in their stead the words “of the Appeal Board”.

Honoraria.

4. Regulation 7 of the Customs (Literature Censorship) Regulations is amended by omitting the Words “the Appeal Censor” and inserting in their stead the words “of the Appeal Board”.

Removal from office.

5. Regulation 8 of the Customs (Literature Censorship) Regulations is amended by omitting the words “the Appeal Censor” and inserting in their stead the words “of the Appeal Board”.

Appointment of deputies.

6. Regulation 9 of the Customs (Literature Censorship) Regulations is amended—

(a) by omitting the words “Appeal Censor” (first occurring) and inserting in their stead the words “Appeal Board”;

 

* Notified in the Commonwealth Gazette on, 1960.

  Statutory Rules 1937, No. 72, as amended by Statutory Rules 1949, No. 75: and 1956, No. 92.

4466/60.—Price 3d. 9/17.6.1960.

 

(b) by omitting the words “or of the Appeal Censor” (last occurring) and inserting in their stead the words “of the Board or of the Appeal Board, as the case may be,”;and

(c) by omitting the words “or Appeal Censor” and inserting in their stead the words “of the Board or of the Appeal Board”.

Members of Board or Appeal Board not to be sued.

7. Regulation 11 of the Customs (Literature Censorship) Regulations is amended by omitting the words “or occupies, or has occupied, the position of Appeal Censor” and inserting in their stead the words “or of the Appeal Board”.

Appeal Board.

8. Regulation 12 of the Customs (Literature Censorship) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Appeal Censor” (wherever occurring) and inserting in their stead the words “Appeal Board”; and

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) The Appeal Board shall review any literature so submitted and determine whether, in the opinion of the Appeal Board, the literature is blasphemous, indecent or obscene within the meaning of item 7 of the First Schedule to the Customs (Prohibited Imports) Regulations.”.

9. After regulation 12 of the Customs (Literature Censorship) Regulations the following regulation is added:—

Meetings of the Appeal Board.

“13.—(1.) At a meeting of the Appeal Board, two members of the Appeal Board constitute a quorum.

“(2.) A question arising at a meeting of the Appeal Board shall be determined by a majority of the votes of the members present and voting.

“(3.) At a meeting of the Appeal Board, the Chairman of the Appeal Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.