Customs (Cinematograph Films) Regulations 1917

Legislation au C1917L00040 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1917. No. 40.

______

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 twenty-third day of February, 1917.

R. M. FERGUSON,

Governor- General.

By His Excellency’s Command,

J. A. JENSEN,

Minister of State for Trade and Customs.

_______

Customs (Cinematograph Films) Regulations.

Short title

1. These Regulations may be cited as the Customs (Cinematograph Films) Regulations 1917.

Definitions.

2. In these Regulations, except where otherwise clearly indicated—

“Film” means a cinematograph film imported into Australia and intended for exhibition.

“Commonwealth Board of Censors” or “the Board” means the Board appointed and authorized by the Minister to exercise the powers conferred by these Regulations, and such other powers as the Minister confers upon the Board by delegation under his hand.

“Minister” means the Minister of State for Trade and Customs.

“The Schedule” means the Schedule to these Regulations.

Registration of Films.

3. Every film shall, before delivery from Customs control, be registered with the Department of Trade and Customs.

Form of Application.

4. Applications for registration of a film shall be made in Form 1 of the Schedule, and shall be accompanied by a synopsis of the film, together with samples of any poster, sketch, or programme intended to be used or issued in connexion with the film.

Fee

5. Each application for registration shall be accompanied by a fee of Five shillings.

Examination of Applications.

6. (1) The Commonwealth Board of Censors shall examine each application for registration of a film, and may—

(a) approve the film either unconditionally or subject to such conditions as the Board may impose, and issue a certificate of registration therefor; or

(b) refuse approval and registration of the film.

C.2165.—Price 3d.


Screenings.

(2) The Board may require the importer to screen for its inspection any film submitted for registration. Such screening shall be carried out by the importer at his own expense.

Security for observance of conditions.

(3) The Board may require the importer to furnish security for the fulfillment of any conditions imposed by the Board in respect of any films submitted for registration.

Certificate of Registration.

7. The certificate of registration of the film shall be in Form 2 of the Schedule.

Registration to imply consent of Minister.

8. Any film in respect of which the Board issues a certificate of registration shall be deemed to have been imported with the written permission of the Minister.

Bars to Registration.

9. No film shall be registered which in the opinion of the Board—

(a) is blasphemous, indecent or obscene, or

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

(c) is likely to be offensive to any Ally of Great Britain, or

(d) depicts any matter the exhibition of which, in the opinion of the Board, is undesirable in the public interests.

Refusal of Regulation.

10. (1) The refusal of the Board to register a film shall be in Form 3 of the Schedule.

(2) Any film in respect of which the Board issues a certificate of refusal to register 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.

Quorum of Board.

11. A majority of the members of the Board present at any meeting thereof shall constitute a quorum.

_________

[Form 1.

SCHEDULE.

Commonwealth of Australia.

Department of Trade and Customs.

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

 

never been submitted to censorship.

The Film has*

 

 

been inspected and passed by (insert name of censorship authority.)

 rejected

Herewith are forwarded one copy each of a synopsis of the Film and of each poster, sketch and programme intended to be used in connexion with its exhibition in Australia.

* Strike out the words which do not apply.


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 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.

__________

[Form 2.

Commonwealth of Australia.

Department of Trade And Customs

CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS 1917.

Certificate of Registration No.

The Film (insert name).....................imported by...................has been approved and registered for general exhibition (or for exhibition subject to the following conditions, namely................... ......................................................

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

………………………………..

Chairman,

Commonwealth Board of Censors.

––––––

[Form 3.

Commonwealth of Australia.

Department of Trade and Customs.

CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS 1917.

Refusal to Register.

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

Take notice that registration is refused in respect of the Film (insert name)...........................submitted by you on the...............day of.....................19......(add, where necessary) unless and until the following alterations are made therein:—

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

…………………………….

Chairman,

Commonwealth Board of Censors.

_________________________

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

Overview

The Customs (Cinematograph Films) Regulations 1917 were enacted to regulate the import and exhibition of films in Australia. This legislative instrument was introduced to address the need for censorship and control over the content of films entering the country during a time when the medium was rapidly growing in popularity and influence. The Regulations were made under the authority of the Customs Act 1901–1916 by the Governor-General in Council, with the intent of ensuring that films imported into Australia were screened and approved by the Commonwealth Board of Censors before they could be exhibited. This was done to protect public morality and to prevent the dissemination of content that could be deemed blasphemous, indecent, or harmful to the national interest, particularly during a period of heightened sensitivity due to wartime alliances and societal norms of the era.

Scope and Application

The Customs (Cinematograph Films) Regulations 1917 apply to cinematograph films imported into Australia and intended for exhibition. These Regulations mandate that every film must be registered with the Department of Trade and Customs before it can be delivered from Customs control. The Commonwealth Board of Censors, appointed by the Minister of State for Trade and Customs, is responsible for examining applications for film registration and deciding whether to approve them. Approval can be granted either unconditionally or subject to conditions imposed by the Board. Films that are deemed blasphemous, indecent, obscene, or likely to be injurious to morality, incite crime, or offend any Ally of Great Britain, or those whose exhibition is considered undesirable in the public interest, are not eligible for registration. The refusal of the Board to register a film classifies it as a prohibited import under the Customs Act 1901–1916. These Regulations operate under the authority of the Commonwealth and apply nationally across Australia.

Key Provisions

The Customs (Cinematograph Films) Regulations 1917 establish a comprehensive framework for the regulation of cinematograph films imported into Australia. The main operative sections of these Regulations include the requirement for the registration of every film with the Department of Trade and Customs before it is delivered from Customs control (Regulation 3). The registration process involves making an application in Form 1 of the Schedule, which must be accompanied by a synopsis of the film and samples of any promotional materials. An application fee of Five shillings is also required (Regulation 4 and 5). The Commonwealth Board of Censors is responsible for examining each application and can either approve the film unconditionally or subject to certain conditions, or refuse approval altogether (Regulation 6). If approved, a certificate of registration is issued in Form 2 of the Schedule, which implies that the film has been imported with the written permission of the Minister (Regulation 7 and 8). Conversely, refusal of registration is communicated in Form 3 of the Schedule, deeming the film a prohibited import under the Customs Act 1901–1916 (Regulation 9 and 10). The Regulations impose several obligations on the parties involved. Importers must ensure that their applications for film registration include all necessary documentation, such as a synopsis and samples of promotional materials, and pay the prescribed fee. Importers are also required to comply with any conditions imposed by the Board, including the obligation to screen the film for the Board's inspection at their own expense and to provide security for the fulfillment of any conditions (Regulation 6). Additionally, once a film is registered, the importer must exhibit it exactly as registered unless they obtain written consent from the Board to make alterations (Regulation 4(a)). The Regulations also establish clear consequences for non-compliance. Films that are deemed blasphemous, indecent, obscene, likely to be injurious to morality, encourage or incite to crime, offensive to any Ally of Great Britain, or otherwise undesirable in the public interest, are not eligible for registration (Regulation 9). The refusal of registration is communicated formally in Form 3 of the Schedule, and the film is deemed a prohibited import (Regulation 10). There are no specific penalties mentioned in the Regulations for failing to comply with the registration requirements or conditions, but non-compliance would likely result in legal action under the Customs Act 1901–1916, which could include fines or other civil or criminal penalties.

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Area of Law
Media & Entertainment Law
Customs & Trade Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.