Customs (Prohibited Imports) Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 3311

 

Customs (Prohibited Imports) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

Dated 21 December 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Attorney-General

Commencement

1. These Regulations shall come into operation on 1 February 1984.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Customs (Prohibited Imports) Regulations.

Importation of objectionable goods

3. Regulation 4a of the Principal Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulations:

“(1) In this regulation, unless the contrary intention appears—

‘film’ includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image can be produced;

‘publication’ means any book, paper, magazine, film or other written or pictorial matter.

 

S.R. 272/83 Cat. No. Recommended retail price 40c 10/14.12.1983

 

“(1a) This regulation applies to the following goods, that is to say—

(a) publications, other than films that are registered under the Customs (Cinematograph Films) Regulations, that, in the opinion of the Attorney-General or a person authorized by him for the purposes of this sub-regulation—

(i) depict in pictorial form a child (whether engaged in sexual activity or otherwise) who is, or who is apparently, under the age of 16 years in a manner that is likely to cause offence to a reasonable adult person;

(ii) promote, incite or encourage terrorism; or

(iii) gratuitously depict in pictorial form extreme violence or cruelty, especially when combined with any sexual element, to the extent they should not be imported; and

(b) any other goods that, in the opinion of the Attorney-General or a person authorized by him for the purposes of this sub-regulation—

(i) depict, express or are otherwise concerned with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult person to the extent that they should not be imported; or

(ii) depict a child (whether engaged in sexual activity or otherwise) who is, or who is apparently under the age of 16 years in a manner that is likely to cause offence to a reasonable adult person.

“(1b) The Attorney-General may, by instrument in writing, appoint a person to be an authorized person for the purposes of sub-regulation (1a).”; and

(b) by omitting from sub-regulation (3) “or destruction” and substituting “, destruction or exportation”.

Second Schedule

4. The Second Schedule to the Principal Regulations is amended by omitting items 18a, 20 and 21.

   

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1983.

2. Statutory Rules 1956 No. 90 as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97: 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249: 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291: 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383 and Act No. 75, 1981.

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