Customs (Cinematograph Films) Regulations 1917 (Amendment)

Legislation au C1917L00178 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1917. No. 178.

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REGULATIONS UNDER THE CUSTOMS ACT 1901–1916.

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 1901–1916, to come into operation forthwith.

Dated this eighth day of August, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

J. A. JENSEN,

Minister of State for Trade and Customs.

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Amendment of Customs (Cinematograph Films) Regulations 1917.

(Statutory Rules 1917, No. 40.)

1. Regulation 4 of the Customs (Cinematograph Films) Regulations is amended by omitting the words “of the film, together with samples of any poster, sketch, or programme intended to be used or issued in connexion with the film” and inserting in their stead the words “specifying all the scenes contained in the film.”

2. Regulation 6 of the Customs (Cinematograph Films) Regulations is amended by inserting, after sub-regulation (2) thereof, the following sub-regulation:—

“(2a.) The Board may require the importer to furnish one copy of each poster, sketch, and programme intended to be used in connexion with the exhibition of the film in Australia, and a statement showing, in full, the introductory remarks and each sub-title embodied in the film.”

3. Regulation 10 of the Customs (Cinematograph Films) Regulations is amended by omitting therefrom sub-regulation (2) thereof.

4. After regulation 10 of the Customs (Cinematograph Films) Regulations the following regulations are inserted:—

Board may cancel certificate.

“10a. (1) The Board may, at any time—

(a) revoke any certificate of registration; or

(b) where a film has been approved unconditionally, and a certificate of registration has been issued, impose such conditions as to the future exhibition of the film as the Board thinks fit; or

(c) where a film has been approved subject to conditions imposed by the Board and a certificate of registration has been issued, impose such fresh or additional conditions as to the future exhibition of the film as the Board thinks fit.


“(2) The revocation of a certificate of registration shall be in Form 4 of the Schedule.”

Films not approved, &c., by the Board deemed to be prohibited import.

“10b. Any film in respect of which—

(a) the Board issues a certificate of refusal to register; or

(b) the Board has revoked the certificate of registration; or

(c) the conditions imposed by the Board as to exhibitions of the film have not been complied with,

shall be deemed to be a prohibited import within the meaning of the Customs Act 1901–1916 and of the proclamation dated the 14th February, 1917, issued under that Act and published in the Commonwealth Gazette No. 26 of 15th February, 1917.”

5. The Schedule to the Customs (Cinematograph Films) Regulations is amended—

(a) by omitting therefrom Form 1 and inserting in its stead the following form:—

Form 1.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1917.

Application for the Registration of a Cinematograph Film.

.................................

.................................19....

To the Chairman,

Commonwealth Board of Censors.

Sir,

I hereby make application for the registration, under the Customs (Cinematograph Films) Regulations 1917, of the undermentioned film:—

Title of film......................................................................

Name of maker............................................................................

No. of reels.............. No. of copies being imported.............................................

*Ex s.s.“..............................” Port(s) of ...............................................................

Destination ...............................................................

*Ex Parcels Post.

The film

never been submited to censorship.

been inspected and passed/rejected by † ....................................................

.................................................................................

has*

Herewith is forwarded a synopsis specifying all the scenes contained in the film.

I undertake to forward also, if so required by the Commonwealth Board of Censors, one copy of each poster, sketch, and programme intended to be used in connexion with the exhibition of the film in Australia, and a statement showing in full the introductory remarks and each sub-title embodied in the film.

 

* Strike out the words which do not apply.  † Insert name of Censorship Authority.


I undertake that, in consideration of the registration of the film and its admission into the Commonwealth—

(a) it will be exhibited exactly in the form and under the name in which it is registered, without any alteration or addition, unless the consent, in writing, of the Commonwealth Board of Censors is first obtained thereto; and

*(b) it will be exhibited to the following class of persons only, namely:—

 ............................................

The prescribed fee of Five shillings is forwarded herewith.

I certify that the film is not—

(a) blasphemous, indecent, or obscene; or

(b) likely to be injurious to morality; or to encourage or incite to crime; or

(c) of a character likely to be offensive to any Ally of Great Britain.

 ..............................

Owner or Agent.

* If the film is for general exhibition this clause should be struck out; and

(b) by inserting at the end thereof the following Form:—

(Coat of Arms.)

Form 4.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1917.

Revocation of Certificate of Registration No.

To...............................

Take notice that the Certificate of Registration, No..........., issued on the............................... day of.......................................................19 ........, in respect of the film (here insert name of film) has been revoked.

Dated at Melbourne, this .......................................... day of .............................. 191 ....

...................................

Chairman,

Commonwealth Board of Censors.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.9630.—Price 3d.

 

Overview

Statutory Rules 1917, No. 178, under the Customs Act 1901–1916, were enacted to amend the Customs (Cinematograph Films) Regulations 1917. The legislation was introduced to address the need for greater control over the importation of films into Australia, ensuring they meet certain standards and are not deemed harmful or offensive. The Governor-General, acting on advice from the Federal Executive Council, established these regulations to provide the necessary legal framework for the Commonwealth Board of Censors to manage the registration and exhibition of films. The objective of the policy is to regulate the import and exhibition of films to protect public morality and maintain cultural standards by ensuring films are censored and approved before they can be legally exhibited in Australia.

Scope and Application

The Customs (Cinematograph Films) Regulations 1917, as amended by Statutory Rules 1917, No. 178, apply to the importation of cinematograph films into the Commonwealth of Australia, governed by the Customs Act 1901–1916. These regulations pertain to entities and individuals involved in the importation of films, ensuring that they comply with the prescribed processes for registration and censorship. The scope of the Act extends to the classification and potential censorship of films to prevent the importation of content deemed inappropriate or harmful. The geographic reach of these regulations is national, as they are enacted under Commonwealth law. Additionally, the Customs (Cinematograph Films) Regulations provide for the revocation of registration certificates and deem non-compliant films as prohibited imports. Subordinate instruments may further detail specific procedures and requirements for the application and enforcement of these regulations.

Key Provisions

The Customs (Cinematograph Films) Regulations 1917 (Statutory Rules 1917, No. 40) undergo amendments through Statutory Rules 1917, No. 178, which come into immediate effect. Regulation 4 is amended to require an application for film registration to specify all scenes in the film, replacing the prior requirement for samples of promotional materials (1). Regulation 6 now mandates that importers provide the Board with copies of posters, sketches, and programmes for the film, along with a full statement of introductory remarks and subtitles (2). Regulation 10's sub-regulation (2) is omitted, streamlining the regulation (3). Two new regulations, 10a and 10b, are introduced. Regulation 10a allows the Board to revoke registration certificates, impose conditions on film exhibitions, or impose additional conditions if the film was initially approved subject to conditions (4(1)). Regulation 10b stipulates that films not approved by the Board, or for which the Board has revoked the registration, or which do not comply with imposed conditions, are considered prohibited imports (4(2)). The Schedule is amended to include a new Form 1 for film registration applications and Form 4 for certificate revocation notices (5). Under these regulations, the parties or entities governed—primarily film importers—are required to submit detailed applications for the registration of cinematograph films with the Commonwealth Board of Censors. The application must include a synopsis of the film’s scenes, copies of promotional materials, and a full statement of introductory remarks and subtitles (Regulation 4, 6). Importers must also ensure that the film is not blasphemous, indecent, obscene, injurious to morality, or likely to offend any Ally of Great Britain. The film must be exhibited in the exact form and under the name registered, and only to the specified class of persons, unless the Board grants written consent for changes (Form 1). The Board retains the authority to revoke registration certificates, impose conditions on film exhibitions, or impose additional conditions if the film was approved subject to certain conditions (Regulation 10a). Failure to comply with these regulations can result in severe consequences. Films not approved by the Board, or for which the Board has revoked the registration certificate, or which do not comply with imposed conditions, are deemed prohibited imports (Regulation 10b). This could lead to legal actions under the Customs Act 1901–1916 and the proclamation dated 14 February 1917, potentially resulting in the seizure and confiscation of the films. Importers must adhere strictly to the requirements to avoid these penalties. The Board’s authority to revoke certificates and impose conditions underscores the importance of compliance with these regulatory measures.

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