Customs (Cinematograph Films) Regulations 1918

Legislation au C1918L00128 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1918. No. 128.

________

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 fifteenth day of May, 1918.

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 1918.

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. No film shall be delivered from Customs control until it has been submitted to, and registered by, the Commonwealth Board of Censors.

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 specifying all the scenes contained in the film.

Fee.

5. Each application for registration shall be accompanied by a fee of Five shillings for each reel in the film.

Examination of Applications.

6. The Commonwealth Board of Censors shall examine each application for registration of a film, and may, subject to these Regulations—

(a) approve the film unconditionally, in which case a certificate of registration in Form 2 of the Schedule shall be issued; or

(b) approve the film subject to such conditions as the Board imposes, in which case a certificate of registration in Form 3 of the Schedule shall be issued; or

(c) refuse approval and registration of the film, in which case a certificate in Form 4 of the Schedule shall be issued.

 

Bars to registration.

7. 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 is undesirable in the public interests.

Screenings.

8. The Board may require any films submitted for registration to be screened for its inspection. Such screening shall be carried out at the expense and risk of the importer.

Posters, lists of sub-titles may be required.

9. The Board may require the importer to furnish one copy of each imported 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.

Security for observance of conditions.

10. The Board may require the importer to furnish security for the fulfilment of any conditions imposed by the Board in respect of any films submitted for registration.

Unauthorized alterations in films after registration not permitted.

11. Each film registered by the Board must 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 Board is first obtained thereto.

Board may cancel certificate.

12. 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 in Form 2 of the Schedule 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 in Form 3 of the Schedule has been issued, impose such fresh or additional conditions as to the future exhibition of the film as the Board thinks fit.

Form of revocation of registration.

13. The revocation of a certificate of registration shall be in Form 5 of the Schedule.

Registration to imply consent of Minister.

14. 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.

Films not approved, &c, deemed prohibited imports.

15. 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.

16. The Customs (Cinematograph Films) Regulations 1917 (Statutory Rules 1917, No. 40, as amended by Statutory Rules 1917, No. 178) are hereby repealed.

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FORM 1.

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1918.

Application for the Registration of a Cinematograph Film.

…………………………………..

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

To the Commonwealth Board of Censors.

Sir,

I hereby make application for the registration, under the Customs (Cinematograph Films) Regulations 1918, of the undermentioned film:—

Title of Film...............................................................................................................................

Name of Producer.............................................Class of Film..................................................

No. of Reels...................................No. of Copies being imported into Australia....................

Ex s.s.......................

Port(s) of ....................................

* Ex Parcels Post.

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

 

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

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

I undertake that, in consideration of the registration of the Film and its admission into the Commonwealth, 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.

The prescribed fee of Five shillings per reel 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.

No...............

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1918.

Certificate of Registration.

The Film………….......................................produced by……...............................................and. imported by.............................................................has been approved and registered for general exhibition.

Dated at…………….................this……………...........day of.............................19......

……………………………………………………….

Chairman, Commonwealth Board of Censors.

…..…………………………………………………..

Secretary, Commonwealth Board of Censors.

__________________________________________________________________________________

* Strike out the words which do not apply.

FORM 3.

No.............

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1918.

Certificate of Registration.

The Film........................…………………..produced by.........................................................and imported by........................................has been approved and registered for exhibition subject to the following conditions, which shall apply to any exhibition of the Film in Australia, whether by the original importer, subsequent purchaser, or any other person exhibiting the Film.

Dated at.....................................this............................day of....................................19...........

…………………………………………………………

Chairman, Commonwealth Board of Censors.

…………………………………………………………

Secretary, Commonwealth Board of Censors.

 

FORM 4.

No.....................

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1918.

Refusal to Register.

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

Take notice that registration is refused in respect of the Film........................................produced by...................................and submitted by you to the Board on the………………..............day of................19.................

Dated at………….........................this.............................................day of.....................19…............

…………………………………………………………

Chairman, Commonwealth Board of Censors.

…………………………………………………………

Secretary, Commonwealth Board of Censors.

 

FORM 5.

No................

Commonwealth of Australia.

DEPARTMENT OF TRADE AND CUSTOMS.

Customs (Cinematograph Films) Regulations 1918.

Revocation of Certificate of Registration.

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

Take notice that the Certificate of Registration No...........................................issued on the..................day of......................19…...., in respect of the Film...............................produced by....................has been revoked.

Dated at....................................this………………...........day of……………...............19………....

…………………………………………………………

Chairman, Commonwealth Board of Censors.

…………………………………………………………

Secretary, 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 1918 were enacted to establish a framework for the regulation and censorship of cinematograph films imported into Australia. These regulations were introduced by the Commonwealth of Australia under the authority of the Customs Act 1901-1916 and were made by the Governor-General in Council. The policy objective of these regulations was to ensure that films imported into Australia were subject to examination and approval by the Commonwealth Board of Censors, with the aim of preventing the importation and exhibition of films deemed to be blasphemous, indecent, obscene, or otherwise detrimental to public morality or the interests of Australia’s allies. This legislative instrument required films to be registered and screened by the Board before they could be released for exhibition in Australia, and it imposed strict controls over the conditions under which films could be exhibited, including the requirement for films to be exhibited exactly as registered, without alterations.

Scope and Application

The Customs (Cinematograph Films) Regulations 1918 applies to cinematograph films imported into Australia for the purpose of exhibition, and it is regulated by the Commonwealth Board of Censors, an entity appointed and authorised by the Minister of State for Trade and Customs. The scope of the Regulations extends to the entire Commonwealth of Australia, and it imposes various requirements and restrictions on the importation, registration, and exhibition of films. The Regulations require that no film can be delivered from Customs control until it has been submitted to and registered by the Commonwealth Board of Censors. The Board can approve films unconditionally, approve them subject to certain conditions, or refuse approval altogether based on factors such as whether the film is deemed blasphemous, indecent, obscene, or likely to be injurious to morality, among others. The Regulations also provide for the revocation of registration certificates, and films not approved or which fail to comply with imposed conditions are considered prohibited imports. The Regulations may be extended or restricted through subordinate instruments, although no specific instances of this are mentioned in the text.

Key Provisions

The Customs (Cinematograph Films) Regulations 1918 (section 3) establish that no film may be released from Customs control unless it has first been submitted to and registered by the Commonwealth Board of Censors. This registration process (section 4) requires an application to be made in a prescribed form, accompanied by a synopsis of all scenes in the film and a fee of Five shillings per reel (section 5). The Board has the discretion to either approve the film unconditionally (section 6(a)), approve it subject to certain conditions (section 6(b)), or refuse approval altogether (section 6(c)). The Board may also require screenings of the film (section 8) and request additional materials such as posters and sub-titles (section 9). Importers are subject to a number of obligations under these Regulations. They must ensure the film is screened and registered by the Board (section 3), provide any requested materials such as posters and sub-titles (section 9), and furnish security for compliance with any imposed conditions (section 10). Importers must also ensure the film is exhibited in the exact form and under the name it was registered under, without any alterations unless written consent is obtained from the Board (section 11). The Board has the authority to impose various conditions on the registration and exhibition of films, including revoking a registration certificate (section 12(a)), imposing conditions on films approved unconditionally (section 12(b)), or imposing fresh or additional conditions on films approved subject to conditions (section 12(c)). The failure to comply with these Regulations can result in severe consequences. Films that are not approved by the Board, or that fail to comply with any imposed conditions, are deemed prohibited imports under the Customs Act 1901-1916 (section 15). The specific penalties for breaches of the Regulations are not detailed in the text, but breaches of the Customs Act 1901-1916 can attract significant fines and imprisonment.

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Area of Law
Administrative Law
Media & Entertainment Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Prohibited Conduct

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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.