Customs (Cinematograph Films) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 185, made under the Customs Act 1901, amends the Customs (Cinematograph Films) Regulations. Enacted by the Governor-General, with the advice of the Federal Executive Council, the regulation addresses the need for updating the terms and conditions for the appointment of Board members, specifically those who are not officers or employees of the Australian Public Service. This legislative instrument aims to ensure that the remuneration and allowances for these members are set according to the determinations of the Governor-General, while also clarifying that such determinations cannot be made where other determinations are already in force under the Remuneration Tribunals Act 1973. The objective is to maintain clear and consistent guidelines for the appointment and remuneration of Board members involved in the censorship of cinematograph films.

Scope and Application

The Statutory Rules 1979 No. 185, made under the Customs Act 1901, pertain to the amendment of the Customs (Cinematograph Films) Regulations. This legislative instrument modifies the terms and conditions for the appointment of members of the censorship board, excluding those who are officers or employees of the Australian Public Service. It specifies that the Governor-General determines the terms and conditions of appointment, including remuneration and allowances, but cannot make such a determination if a determination is already in force under the Remuneration Tribunals Act 1973. The regulation applies to members of the censorship board involved in the classification and censorship of cinematograph films entering Australia. The amendment ensures the board members' terms of appointment are consistent with those prescribed by the Governor-General, thereby maintaining the integrity and independence of the censorship process. The regulation's jurisdictional reach is nationwide, given its foundation under the Commonwealth Customs Act 1901.

Key Provisions

The main operative sections of the Statutory Rules 1979 No. 185 are the amendments to the Customs (Cinematograph Films) Regulations, specifically altering sub-regulations (5) and (6) under regulation 5. The amendment to sub-regulation (5) requires that a member of the Board, who is not an officer or employee of the Australian Public Service, must be appointed by the Governor-General on terms and conditions, including remuneration and allowances, as determined by the Governor-General. Sub-regulation (6) specifies that the Governor-General cannot make a determination regarding the terms and conditions of appointment if a determination is already in force under the Remuneration Tribunals Act 1973 for the same matter. These amendments impose specific obligations on the Governor-General concerning the appointment of Board members. The Governor-General is responsible for determining the terms and conditions of appointment for Board members who are not part of the Australian Public Service. This includes deciding on their remuneration and allowances. Furthermore, the Governor-General must ensure that any determination made does not conflict with existing determinations under the Remuneration Tribunals Act 1973 for the same matter. Failure to comply with the provisions of these regulations may result in various consequences. Although specific offences, penalties, or consequences for breach are not detailed within this particular legislative instrument, it is reasonable to infer that breaches of such regulations could lead to legal challenges or administrative actions. The absence of explicit penalties in this regulation suggests that any breach might be addressed under broader legal frameworks, potentially including civil or administrative penalties as provided for under the Customs Act 1901 or related statutes.