Customs (National Literature Board of Review) Regulations (Cth)

STATUTORY RULES

1967 No. 176.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1967.*

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 1901-1967.

Dated this twenty-seventh day of December, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) KEN ANDERSON

Minister of State for Customs and Excise.

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CUSTOMS (NATIONAL LITERATURE BOARD OF REVIEW) REGULATIONS

Citation.

1. These Regulations may be cited as the Customs (National Literature Board of Review) Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of January, 1968.

Interpretation.

3. In these Regulations, unless the contrary intention appears—

“book” includes any printed matter, and any other goods in which any literary or other work is embodied, recorded or reproduced, or from which any literary or other work can be reproduced;

“Deputy Chairman” means a Deputy Chairman of the Board, and includes an Acting Deputy Chairman of the Board;

“member” means a member of the Board, and includes an acting member of the Board;

“the Board” means the National Literature Board of Review established by these Regulations, and—

(a) in relation to a matter in respect of which the functions of the Board are performed by a Division of the Board, means that Division of the Board; and

(b) in relation to a matter in respect of which the functions of the Board are performed by a Full Board, means that Full Board;

“the Chairman” means the Chairman of the Board, and includes an Acting Chairman of the Board.

Constitution of Board.

4.—(1.) There is hereby established a National Literature Board of Review.

(2.) The Board shall consist of nine members appointed by the Governor-General.

 

* Notified in the Commonwealth Gazette on  1967.

17259/67—Price 8c 10/14.12.1967

 

(3.) A member holds office for such period, not exceeding three years, as the Governor-General determines, but is eligible for re-appointment.

(4.) The Governor-General may remove a member from office for misbehaviour or physical or mental incapacity.

Chairman and Deputy Chairmen.

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

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

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

Acting members of Board.

6. If a member (including the Chairman or a Deputy Chairman) is unable, by reason of illness, absence or otherwise, to perform his duties as a member, the Governor-General may appoint a person to be an acting member of the Board during that inability.

Honoraria.

7. A member shall receive such honorarium as the Governor-General determines.

Organization of Board.

8.—(1.) The functions of the Board may, as provided in these Regulations, be performed either by a Division of the Board or by a Full Board.

(2.) A Division of the Board consists of a Deputy Chairman and three other members.

(3.) A Full Board consists of the Chairman and not less than six other members.

(4.) The Chairman shall determine which members are to constitute a Division of the Board or a Full Board in relation to a matter under these Regulations.

References to Division of Board.

9.—(1.) The Minister or the Comptroller-General may refer to the Board any imported book and request the Board to report whether, in the opinion of the Board, regulation 4a of the Customs (Prohibited Imports) Regulations applies to the book.

(2.) The functions of the Board on a reference under this regulation shall be performed by a Division of the Board.

(3.) Where a book is, after a report by the Board under this regulation with respect to the book, treated by the Customs as a prohibited import under regulation 4a of the Customs (Prohibited Imports) Regulations, the Comptroller-General shall, by notice in writing served by post on the importer of the book, inform the importer accordingly.

Submission to Full Board.

10.—(1.) Where, on a reference under the last preceding regulation, the Board has made a report on a book, the Minister or the Comptroller-General may re-submit the book to the Board for a report by the Board constituted as a Full Board on the question whether, in its opinion, regulation 4a of the Customs (Prohibited Imports) Regulations applies to the book.

(2.) Within one month after the date of service of a notice under sub-regulation (3.) of the last preceding regulation, the importer, publisher, author or producer of the book may, by notice in writing served on the Comptroller-General,

request that the book be submitted to the Board constituted as a Full Board, and, upon service of a notice under this sub-regulation, the Comptroller-General shall re-submit the book in accordance with the last preceding sub-regulation.

(3.) A request under the last preceding sub-regulation may be accompanied by a statement of the grounds on which it is claimed that regulation 4a of the Customs (Prohibited Imports) Regulations does not apply to the book.

Proceedings of Division of Board.

11.—(1.) This regulation applies in relation to the consideration of a book by the Board constituted as a Division of the Board.

(2.) Except where otherwise directed by the Chairman, a meeting of the Board is not required, and the members may separately consider, and form their respective opinions on, the matter before the Board.

(3.) The opinion of a majority of the members of the Board shall be taken to be the opinion of the Board.

(4.) If the members are equally divided in opinion, the Deputy Chairman concerned shall request the Chairman to consider, and express his opinion on, the question, and the opinion supported by the Chairman shall be taken to be the opinion of the Board.

(5.) The Deputy Chairman concerned shall ascertain, and shall, on behalf of the Board, report to the Minister or the Comptroller-General, the opinion of the Board.

Proceedings of the Full Board.

12.—(1.) This regulation applies in relation to the consideration of a book by the Board constituted as a Full Board.

(2.) The opinion of the Board shall be determined by a majority of the votes of the members of the Board at a meeting of the Board.

(3.) In the event of equality of votes, the Chairman has a casting vote.

(4.) Where the proceedings before the Board have resulted from a request under sub-regulation (2.) of regulation 10 of these regulations, the Board shall give consideration to the grounds contained in any statement that accompanied that request.

(5.) The Chairman shall, no behalf of the Board, report to the Minister or the Comptroller-General the opinion of the Board.

Protection of members.

13.No action or suit shall be brought or maintained against a person who is, or has been, a member in respect of any act or omission in connexion with his duties.

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