Customs (Cinematograph Films) Regulations 1919 (Amendment)

Overview

The Statutory Rules 1919, No. 151, constitutes a regulation made under the Customs Act 1901-1916, enacted to address issues pertaining to the importation of cinematograph films and related advertising materials. The regulation, introduced by the Governor-General in Council, seeks to amend the Customs (Cinematograph Films) Regulations 1919 by modifying the criteria for what constitutes a prohibited import. Specifically, it targets the unauthorised or non-compliant advertising materials associated with imported films, aligning these materials with the definition of prohibited imports as per the Customs Act 1901-1916 and a subsequent proclamation. This legislative instrument was issued to ensure stringent control over the importation and advertising of cinematograph films, reflecting a policy objective to regulate and monitor the cultural and commercial influence of foreign films entering Australia.

Scope and Application

The Customs (Cinematograph Films) Regulations 1919, as amended by the Statutory Rules 1919, No. 151, applies to the import of cinematograph films and related materials such as posters, photographs, sketches, programmes, slides, and other advertising matter into the Commonwealth of Australia. This legislation is enacted under the Customs Act 1901-1916 and extends across the entire nation. The primary objective of these regulations is to control and regulate the importation of such materials, ensuring that they comply with specified standards and are approved where necessary. The regulations deem any unapproved or unlawfully imported advertising matter associated with cinematograph films as prohibited imports, thereby enforcing compliance with the stated regulations. The geographic reach of these regulations is national, applying uniformly across all states and territories within the Commonwealth of Australia. Additionally, this regulation does not explicitly state any exclusions, exemptions, or thresholds, implying a broad application to all relevant materials imported into the country.

Key Provisions

The primary operative sections of this Statutory Rule amend Regulation 17 of the Customs (Cinematograph Films) Regulations 1919. Specifically, the amendment pertains to the classification and treatment of imported posters, photographs, sketches, programmes, slides, and other advertising matter that are related to cinematograph films (Section 1). The regulation specifies that any such materials not approved or in relation to which a contravention of a preceding sub-regulation has been committed are to be deemed prohibited imports (Section 1(3)). The obligations imposed by these regulations are clear: any party importing cinematograph film-related materials must ensure that such items are approved and comply with the relevant provisions of the Customs Act 1901-1916 and any related proclamations. Failure to secure approval for these materials results in their classification as prohibited imports, subjecting them to seizure and potential confiscation under the Customs Act. This requirement extends to all forms of advertising matter accompanying imported films, ensuring a comprehensive oversight mechanism to manage and regulate the importation of such materials. Non-compliance with these provisions can lead to significant legal consequences. Under the Customs Act, the importation of prohibited goods is an offence. Those found in breach of these regulations may face civil penalties, including fines up to a substantial amount as prescribed by the Act. Additionally, criminal prosecution may result, leading to imprisonment if the contravention is deemed severe enough. The exact penalties are specified in the Customs Act, but the potential for both civil and criminal repercussions underscores the importance of adhering to the regulatory requirements.