Customs (Cinematograph Films) Regulations 1918 (Amendment)

Overview

Statutory Rules 1918 No. 226 is a legislative instrument that amends the Customs (Cinematograph Films) Regulations under the Customs Act 1901–1916. Enacted by the Governor-General with the advice of the Federal Executive Council, this regulation addresses the need to control and censor materials related to imported cinematograph films, including posters, photographs, sketches, programmes, and slides, to ensure they meet certain standards before being exhibited within Australia. The Commonwealth Board of Censors is tasked with approving these materials, and any unapproved items are deemed prohibited imports. This regulatory amendment aims to maintain the integrity and appropriateness of imported film-related materials for public exhibition.

Scope and Application

The Statutory Rules 1918, No. 226, made under the Customs Act 1901–1916, mandate that any imported promotional materials, such as posters, photographs, sketches, programmes, and slides intended for use in the exhibition of imported cinematograph films within the Commonwealth of Australia, must be submitted to the Commonwealth Board of Censors for approval. This regulation applies to any individual or entity responsible for the importation and exhibition of such materials. It sets forth that approved materials must be exhibited in the exact same condition as the approved copy submitted to the censors, and any materials not approved by the Board are to be considered prohibited imports under the Customs Act. The regulation extends its reach across the entire Commonwealth, ensuring that all such materials entering the country are subject to the censors' scrutiny and compliance requirements. The regulation does not specify exclusions or exemptions but enforces strict compliance through its stipulations.

Key Provisions

The main provisions of the Statutory Rules 1918, No. 226, which amend the Customs (Cinematograph Films) Regulations 1918, are contained in Regulation 9. This regulation requires that a copy of each imported poster, photograph, sketch, programme, or slide intended for use in connection with the exhibition of any imported cinematograph film within Australia must be submitted to the Commonwealth Board of Censors for approval (Regulation 9(a)). Once a copy has been submitted and approved, all such materials must be exhibited in the exact same condition as the approved sample, without any additions (Regulation 9(b)). Any posters, photographs, sketches, programmes, or slides that are not approved by the Commonwealth Board of Censors are deemed to be prohibited imports under the Customs Act 1901–1916 (Regulation 9(c)). This legislation imposes specific obligations on the parties involved in the importation and exhibition of cinematograph films in Australia. Importers and exhibitors must ensure that all promotional materials related to the films are submitted to the Commonwealth Board of Censors for approval. Upon approval, the materials must be exhibited exactly as they were approved, without any modifications. Failure to comply with these requirements will result in the materials being considered as prohibited imports, subjecting them to the penalties and restrictions outlined in the Customs Act. The regulation also establishes potential consequences for non-compliance. Any posters, photographs, sketches, programmes, or slides that are not approved by the Commonwealth Board of Censors will be deemed prohibited imports under the Customs Act 1901–1916. This means that these materials will not be allowed entry into the country, and their importation could lead to legal action. The penalties for importing prohibited goods under the Customs Act include fines and potential criminal charges, depending on the severity and intent of the breach. The maximum penalties for such offences are not explicitly stated in the regulation but are likely to be severe, given the context of import prohibition and censorship controls in place at the time.