STATUTORY RULES.
1919. No. 171.
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 second day of July, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
Amendment of the Customs (Cinematograph Films) Regulations 1919.
(Statutory Rules 1919, No. 137.)
The Customs (Cinematograph Films) Regulations 1919 are amended by the addition of the following regulations:—
Reconstruction of rejected films.
“19. Where a film has been refused registration by a Censor, and a certificate in Form 4 of the Schedule has been issued, the importer may, at the discretion of the Chief Censor, be permitted to reconstruct the film and submit it to a Censor for review.
20. Where the registration of a film has been revoked by the Minister, and a Revocation Certificate in Form 5 of the Schedule has been issued, the importer may, at the discretion of the Minister, be permitted to reconstruct the film, and submit it to the Chief Censor for review.
Review fee.
21. In any case where a review in pursuance of regulations 19 and 20 is permitted, a review fee of 10s. per reel of film shall be paid by the importer.
Issue of certificate of registration.
22. Where the review of a reconstructed film has been permitted in pursuance of regulations 19 and 20, and in the opinion of the Minister or a Censor, as the case may be, the film is thus rendered suitable for public exhibition, unconditionally or conditionally, the appropriate Certificate of Registration in Form 2 or Form 3 of the Schedule shall be issued.” (T. & C. 19/A. 5196.)
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1919, No. 171, issued under the Customs Act 1901–1916, were enacted to amend the Customs (Cinematograph Films) Regulations 1919, addressing the need for a more structured approach to the review and potential reconstruction of rejected or revoked film registrations. These regulations were introduced by the Governor-General, acting on advice from the Federal Executive Council, to ensure that the import and exhibition of films in Australia could be properly regulated. The policy objective behind these amendments is to provide a clear framework for the resubmission of films that have previously been refused or had their registration revoked, allowing for a second chance through reconstruction and re-evaluation, while also ensuring that a fee is charged for the review process to manage the administrative burden.
Scope and Application
The Statutory Rules 1919, No. 171, made under the Customs Act 1901–1916, pertain to the Customs (Cinematograph Films) Regulations 1919, which were amended to include provisions for the reconstruction of rejected films and the associated fees and certificates for such films. These regulations apply to importers of cinematograph films who seek to have films that have been refused registration or whose registration has been revoked, reconstructed and reviewed for suitability for public exhibition. The regulations are applicable to persons and entities involved in the importation of films within the Commonwealth of Australia, subject to the discretion of the Chief Censor and the Minister. The amendments specify that a review fee is to be paid by the importer when a reconstruction and review are permitted, and that a Certificate of Registration will be issued if the film is deemed suitable for exhibition. The scope of these regulations is limited to cinematograph films, and the provisions apply nationally, consistent with the overarching authority of the Customs Act 1901–1916.
Key Provisions
The main provisions of the Regulations under the Customs Act 1901–1916, specifically addressing the Customs (Cinematograph Films) Regulations 1919, introduce processes for the reconstruction and subsequent review of rejected or revoked films. Regulation 19 permits an importer to reconstruct a film that has been refused registration by a Censor, provided a certificate in Form 4 has been issued. This reconstruction can then be submitted to a Censor for review. Similarly, Regulation 20 allows for the reconstruction of a film whose registration has been revoked by the Minister, subject to the issuance of a Revocation Certificate in Form 5. Following this reconstruction, the film may be submitted to the Chief Censor for review. Both regulations emphasise the discretionary authority of the Chief Censor or the Minister in permitting such reconstructions.
These regulations impose several obligations on the parties involved. Importers are required to pay a review fee of 10 shillings per reel of film whenever a review is permitted under regulations 19 or 20. This fee is a prerequisite for the submission of a reconstructed film for review. Additionally, the Minister or the Censor holds the authority to determine whether a reconstructed film is suitable for public exhibition, either unconditionally or conditionally. If deemed suitable, the appropriate Certificate of Registration in Form 2 or Form 3 must be issued, allowing for the film's exhibition.
The Regulations also outline consequences for non-compliance with the stipulated processes. While specific offences and penalties are not explicitly detailed within these Regulations, it is implied that failure to adhere to the prescribed procedures, such as not paying the review fee or attempting to exhibit a film without a valid Certificate of Registration, could lead to legal repercussions. These repercussions might include fines, confiscation of the films, or other penalties as may be provided under the broader Customs Act 1901–1916 or other applicable laws. The exact penalties would depend on the specific breaches and the applicable legal framework.