Customs (Cinematograph Films) Regulations 1919 (Amendment)

Overview

The Statutory Rules 1919, No. 205, represents a regulatory amendment under the Customs Act 1901-1916, made by the Governor-General in Council. This legislative instrument was enacted to address continuity in the registration of cinematograph films amidst changes in the regulatory framework. The amendment ensures that certificates of registration granted under the Customs (Cinematograph Films) Regulations 1917 and 1918 remain valid under the Customs (Cinematograph Films) Regulations 1919. This was achieved by inserting a new regulation, 12a, to provide for the continuance of certificates that were previously issued under the repealed regulations, thereby maintaining legal certainty for those affected by the changes in the regulatory environment. The policy objective, as articulated in the text, is to ensure smooth transition and compliance in the face of regulatory amendments.

Scope and Application

The Customs (Cinematograph Films) Regulations 1919, as amended, apply to any certificates of registration issued under the repealed Customs (Cinematograph Films) Regulations 1917 and 1918, ensuring that these certificates are recognised under the current regulations. This amendment maintains continuity for certificates already granted, thereby ensuring that any pre-existing certifications remain valid and recognised. The scope of the Act pertains to the regulation and administration of cinematograph films within the framework of the Customs Act 1901-1916. The application extends nationally across the Commonwealth of Australia, ensuring uniformity in the application of these regulations. There are no specific exclusions, exemptions, or thresholds mentioned in this particular regulation, which means that the provisions apply to all certificates issued under the previous regulations. The regulation also notes that the application may be further extended or restricted through subordinate instruments, indicating that additional rules or amendments can be introduced as necessary to govern the import and export of cinematograph films effectively.

Key Provisions

The main operative sections of these Regulations, specifically section 12a, establish the continuation of certificates of registration issued under previous regulations. This means that any certificate of registration for cinematograph films that was issued under the Customs (Cinematograph Films) Regulations 1917 or the Customs (Cinematograph Films) Regulations 1918 will be considered valid under the current Customs (Cinematograph Films) Regulations 1919 (section 12a). This ensures that existing certificates remain in effect despite the amendments to the regulations. These Regulations impose specific obligations on parties involved in the importation or registration of cinematograph films. They require that any certificates of registration issued under the previous regulations are treated as valid under the current regulations, facilitating a smooth transition and continuity in the registration process. This provision is crucial for maintaining the legal status of films already registered under the repealed regulations, ensuring they continue to meet the necessary customs requirements without the need for re-registration. Failure to comply with these Regulations could result in legal issues related to the importation and registration of cinematograph films. While the Regulations themselves do not explicitly state specific offences or penalties, any breach of the Customs Act 1901-1916, under which these Regulations are made, could lead to enforcement actions. Under the Customs Act, offences can include unauthorised importation or exportation of goods, which may attract civil or criminal penalties. For example, the importation of uncertified films could result in fines or other penalties as outlined in the Act. In summary, the Customs (Cinematograph Films) Regulations 1919, particularly section 12a, ensure that certificates issued under previous regulations remain valid, thereby streamlining the registration process. Parties must adhere to these provisions to avoid potential legal repercussions under the Customs Act 1901-1916, which could include significant penalties for non-compliance.