STATUTORY RULES.
1937.
No. 72.
REGULATIONS
UNDER THE CUSTOMS ACT 1901-1936.*
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 1901-1936.
Dated
this twenty-third day of June, 1937.
(SGD.) GOWRIE.
Governor-General.
By His
Excellency’s Command,
Minister
of State for Trade and Customs.
Customs
(Literature Censorship) Regulations.
Citation.
1. These Regulations may
be cited as the Customs (Literature Censorship) Regulations.
Definition.
2. In these Regulations,
unless the contrary intention appears—
“the
Act” means the Customs Act 1901-1936,
as amended from time to time;
“the
Board” means the Literature Censorship Board constituted under these
Regulations.
Constitution
of Board.
3. For the purposes of
these Regulations, there shall be a Literature Censorship Board to whom the
Minister or the Comptroller-General may refer any literature imported in order
to determine whether such literature is, in the opinion of the Board, blasphemous,
indecent or obscene within the meaning of section 52 (c) of the Act.
Members
of the Board.
4. There shall be three
members of the Board consisting of a Chairman and two other members, who shall
be appointed by the Governor-General.
Appeal
Censor.
5. There
shall also be an appeal Censor who shall be appointed by the Governor-General.
Term
of office of members of Board and Appeal Censor.
6. The members of the
Board and the Appeal Censor shall hold office for such periods, not exceeding
three years, as the Governor-General determines, and at the expiration of their
term of office they shall be eligible for re-appointment.
Honoraria.
7. Each of the members of
the Board and the Appeal Censor shall receive such honoraria as the
Governor-General determines.
*
Notified in the Commonwealth Gazette on ,
1937.
3009.—8/16.6.1937.—Price
3d.
Removal
from office.
8. Any member of the Board
or the Appeal Censor may be removed from office by the Governor-General for
misbehaviour or incapacity.
Appointment
of Deputies.
9. In the case of the
illness or absence of any member of the Board or of the Appeal Censor, the
Governor-General may appoint another person to act as a deputy of the member or
of the Appeal Censor during such illness or absence and that person shall, while
so acting, have all the powers and perform all the duties of the member or
Appeal Censor, as the case may be.
Meetings
of the Board.
10.—(1.) For the conduct of
the business of the Board, any two members of the Board shall form a quorum.
(2.) At meetings of the Board, the
decision of the majority shall prevail.
(3.) The Chairman of the Board
shall have a deliberative vote and, in the event of an equality of voting, a
second or casting vote.
Members
of Board not to be sued.
11. No action or suit shall
be brought or maintained against any person who is, or has been, a member of
the Board or occupies, or has occupied, the position of Appeal Censor for any
act or omission in connexion with his duties.
Appeal
Censor.
12.—(1.) Where the Board is
of opinion that any literature is blasphemous, indecent or obscene, the
importer of such literature may apply to the Minister or the
Comptroller-General that the literature be submitted to the Appeal Censor for
review and the Minister or the Comptroller-General, as the case may be, shall
submit the literature to the Appeal Censor accordingly.
(2.) Any such application shall be
made not later than fourteen days, or within such further time as the Minister
or Comptroller-General allows, after the date on which the opinion of the Board
was notified to the importer and shall set out in writing the grounds of his
application for review.
(3.) Every application for review
shall be accompanied by a fee of Ten shillings which shall be returned to the
applicant where the literature does not fall within the prohibition contained
in section 52 (c) of the Act.
(4.) The Appeal Censor shall review
any literature so submitted and determine whether, in his opinion, the
literature is blasphemous, indecent or obscene within the meaning of section 52
(c) of the Act.
By
Authority: L. F.