STATUTORY RULES.
1919. No. 238.
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 first day of October, 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, as amended by Statutory Rules 1919, Nos. 151, 171 and 205.)
Regulations 19, 20 and 22 are repealed and the following substituted therefor:—
“19. Where a film has been refused registration by a Censor under these Regulations, or by the Commonwealth Board of Censors under the Customs (Cinematograph Films) Regulations 1917 or the Customs (Cinematograph Films) Regulations 1918, 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 Where the registration of a film has been revoked by the Minister under these Regulations, or by the Commonwealth Board of Censors under the Customs (Cinematograph Films) Regulations 1917 or the Customs (Cinematograph Films) Regulations 1918, the importer may, at the discretion of the Minister, be permitted to reconstruct the film, and submit it to a Censor for review.”
“Certificate of registration of reconstructed film.”
“22. Where a reconstructed film is submitted for review in pursuance of Regulation 19 or Regulation 20, and in the opinion of a Censor the film as reconstructed is 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.7413.)
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 1919, enacted by the Commonwealth of Australia, address the regulation of film importation and exhibition in the country. These regulations were introduced to provide a legal framework for the censorship and control of films brought into Australia, aiming to ensure that imported films conform to the moral and cultural standards of the time. The regulations were enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective behind these regulations was to protect the public, particularly children, from the potentially harmful effects of films that were deemed unsuitable for exhibition. The regulations allow for the refusal or revocation of film registration and provide a mechanism for the reconstruction and re-evaluation of films that have been previously censored or had their registration revoked.
Scope and Application
The Statutory Rules 1919 No. 238, under the Customs Act 1901-1916, pertain specifically to the amendment of the Customs (Cinematograph Films) Regulations 1919, focusing on the procedures and conditions under which films that have been refused registration or had their registration revoked can be reconstructed and resubmitted for review. This legislative instrument applies to film importers who are subject to the Customs Act and its subsidiary regulations. The regulations are intended to govern the conduct of these importers in relation to the importation of films, ensuring they comply with censorship and registration requirements imposed by the Commonwealth Board of Censors and the Chief Censor. The geographic and jurisdictional reach of these regulations is nationwide, as they are enacted under the Commonwealth of Australia’s authority. Notably, these regulations do not specify exclusions or exemptions; however, they do impose conditions and thresholds that must be met for the reconstruction and resubmission of films for review. The application of these regulations may be further extended or refined through subordinate instruments, which allow for additional specifications and detailed procedural guidelines.
Key Provisions
The main operative sections of this legislative instrument focus on the amendment of the Customs (Cinematograph Films) Regulations 1919, specifically Regulations 19, 20 and 22. Regulation 19 (new) allows an importer to reconstruct a film that has been refused registration by a Censor and then submit it for review (Reg. 19). Regulation 20 (new) similarly permits the reconstruction of a film whose registration has been revoked by the Minister, subject to the same process of review (Reg. 20). Regulation 22 (new) outlines the issuance of a Certificate of Registration for a film that, after reconstruction, is deemed suitable for public exhibition by a Censor, either unconditionally or conditionally (Reg. 22).
These regulations impose specific obligations on importers and the relevant authorities. Importers must follow the process of reconstructing a film that has been refused registration or whose registration has been revoked, and then submit it for review. This process is subject to the discretion of the Chief Censor or the Minister, respectively (Regs. 19 and 20). The Censors, on the other hand, are tasked with reviewing the reconstructed films and issuing appropriate Certificates of Registration if the films are found to be suitable for public exhibition (Reg. 22).
The legislation does not explicitly detail offences or penalties for breaches of the regulations. However, it is reasonable to infer that failure to comply with the process for reconstructing and resubmitting films for review could lead to legal consequences, potentially including fines or other penalties under the broader Customs Act 1901-1916. The specifics of these penalties would need to be determined in the context of the overall Customs Act and any related legislative provisions.