Customs (Cinematograph Films) Regulations 1919 (Amendment)

Overview

The Customs (Cinematograph Films) Regulations 1919, enacted by the Commonwealth of Australia, were introduced to address the need for regulating the importation of advertising materials for moving pictures and cinematograph shows. This legislative instrument was established under the authority of the Customs Act 1901-1916, aiming to ensure that such materials are reviewed and approved by the Commonwealth Film Censorship before they could be exhibited in Australia. The primary policy objective of these regulations was to maintain control over the types of advertising and promotional content associated with film exhibitions, thereby safeguarding public standards and interests. By requiring a specimen of each piece of advertising material to be deposited with the Commonwealth Film Censorship and passed before importation, the regulations sought to prevent inappropriate or objectionable content from being showcased in connection with cinematograph shows across the nation.

Scope and Application

The Customs (Cinematograph Films) Regulations 1919 apply to any person or entity involved in the importation of advertising matter intended for use in the Commonwealth of Australia in connection with the exhibition of moving pictures or cinematograph shows. This encompasses a range of entities including film distributors, cinema operators, and advertising agencies. The scope of the regulations extends to the entire Commonwealth of Australia, meaning that all states and territories are subject to its provisions. The regulations mandate that one specimen of each piece of advertising matter must be deposited with the Commonwealth Film Censorship before importation. If the advertising matter is approved for importation, it may be retained by the censorship authority, and the approved material must be used in its exact form for exhibition without any additions or comments unless approved by the censorship authority. Additionally, the importer is required to provide security as determined by the Collector of Customs for the state where the advertising material is imported. The regulations are enforced through the Customs Act 1901-1916 and can be amended through statutory rules, as evidenced by the subsequent amendments to Regulation 17.

Key Provisions

The Customs (Cinematograph Films) Regulations 1919 (Regulation 17) specify that a single specimen of any advertising material intended for use in conjunction with the exhibition of moving pictures or cinematograph shows in Australia must be submitted to the Commonwealth Film Censorship prior to importation (Regulation 17(1)). If the material is approved for importation by the censorship board, the specimen may be retained by them (Regulation 17(2)). Approved advertising material must be used in its approved form without any additions or modifications that have not been sanctioned by the Commonwealth Film Censorship (Regulation 17(3)). Importers of such materials are required to provide security in a form and amount deemed necessary by the Collector of Customs in the state where the material is imported (Regulation 17(4)). In any prosecution for violations of these regulations, the presentation of a specimen deposited with the Commonwealth Film Censorship serves as evidence of the approved form of the material (Regulation 17(5)). This regulation applies to various forms of advertising material including posters, photographs, sketches, programs, slides, and other materials intended for use in connection with the exhibition of moving pictures or cinematograph shows (Regulation 17(6)). Under these regulations, there are several obligations placed on parties importing advertising materials. Firstly, importers must ensure that a specimen of the intended advertising material is deposited with the Commonwealth Film Censorship before importation (Regulation 17(1)). Secondly, approved materials must be imported and used strictly in the form approved by the censorship board, without any alterations or additions that have not been specifically approved (Regulation 17(3)). Thirdly, importers must provide security as required by the Collector of Customs in the relevant state (Regulation 17(4)). These obligations ensure that advertising materials comply with censorship standards before they are introduced into the Australian market. Failure to comply with these regulations can result in various legal consequences. Specifically, any contravention of Regulation 17 may lead to prosecution. While the specific penalties for breaches are not detailed within the regulation itself, it is reasonable to infer that the penalties could include fines or other legal sanctions as typically applied under the Customs Act 1901-1916. The exact nature and severity of penalties would depend on the specific circumstances of the breach and applicable laws at the time of the offence.