Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Customs (Cinematograph Films) Regulations 1989 were amended in 2004 to address organisational changes in the administration of film and literature censorship. The amendment, issued under the authority of the Attorney-General, transferred the literature review function from the Publications Review Board to the Cinematograph Films Board of Review, and renamed the latter to the Film and Literature Board of Review. This change reflects the centralisation of censorship activities within the Attorney-General’s portfolio, facilitated by the establishment of the Office of Film and Literature Classification. The primary policy objective of these amendments is to streamline the administration of censorship review functions and to better align these functions with the organisational structure of the relevant authorities.

Scope and Application

The Customs (Cinematograph Films) Regulations 1989, as amended, apply to all imported films intended for public exhibition in Australia. These regulations are designed to ensure that films are reviewed for censorship purposes and to facilitate their registration, thus maintaining compliance with Australian standards and classifications. The Film and Literature Board of Review, which is now responsible for both film and literature reviews, was established to centralise censorship activities under the Attorney-General's portfolio. This amendment reflects a restructuring within the Office of Film and Literature Classification, which has streamlined the review process and improved administrative efficiency. The regulations cover the scope of activities undertaken by the Board, including the examination and classification of films, and extend to the entire nation, ensuring uniform application across all states and territories. The amendments exclude any changes to the threshold criteria for film imports, maintaining the current regulatory framework for film classification and censorship. The regulations may be further extended or restricted through subordinate instruments as necessary to address specific issues or implement policy changes.

Key Provisions

The Customs (Cinematograph Films) Regulations, as amended, introduce key changes to the regulatory framework governing the importation and classification of films in Australia. Firstly, section 3 of the Regulations outlines the transfer of the literature review function from the Publications Review Board to the Film and Literature Board of Review (section 3(a)). This change aims to streamline the review process by consolidating the oversight of both films and literature under a single regulatory body. Section 3(b) further notes the renaming of the Cinematograph Films Board of Review to the Film and Literature Board of Review, reflecting its expanded scope and responsibilities. This renaming signifies the integration of film and literature censorship activities under the Office of Film and Literature Classification, which is part of the Attorney-General's portfolio. The Regulations impose several obligations on the Film and Literature Board of Review. Under section 4, the Board is required to conduct thorough examinations of films intended for public exhibition to determine their suitability for classification and registration. This includes reviewing the content of the films to ensure they comply with the classification criteria set out in the Office of Film and Literature Classification's guidelines. Additionally, the Board must maintain detailed records of its decisions and the rationale behind them, as stipulated in section 5. These records are crucial for transparency and accountability in the classification process. Failure to comply with the requirements set forth in the Customs (Cinematograph Films) Regulations can result in significant legal consequences. Under section 7, any person or entity that imports a film without proper classification or registration commits an offence. Such an offence is subject to a fine not exceeding $22,000 for an individual and $110,000 for a body corporate, as outlined in section 8. Furthermore, section 9 provides that repeated or serious breaches of the Regulations may lead to additional penalties, including imprisonment for up to two years. These penalties underscore the importance of adhering to the regulatory framework to avoid severe legal repercussions.