Customs (Cinematograph Films) Regulations (Amendment)

Overview

Statutory Rules 1974 No. 189, made under the Customs Act 1901-1974, was enacted to amend the Customs (Cinematograph Films) Regulations, addressing the need to update the composition of the Censorship Board and the Board of Review. The Governor-General, acting on the advice of the Executive Council, issued these regulations on 10 October 1974. The changes were aimed at ensuring that the regulatory frameworks for film censorship and review were contemporary and effective in addressing the evolving nature of film content. These amendments reflect the policy objective of maintaining a balanced approach to censorship while adapting to societal changes and advancements in media.

Scope and Application

The Statutory Rules 1974 No. 189, made under the Customs Act 1901-1974, pertain specifically to amendments of the Customs (Cinematograph Films) Regulations. This legislative instrument adjusts the composition of the Censorship Board and the Board of Review by altering the number of members required to constitute these bodies, replacing the previous requirement of three with a new requirement of six members. These regulations are designed to impact the administration and decision-making processes within the censorship and review of cinematograph films entering Australia. Geographically, these regulations apply nationally, encompassing all states and territories within the Commonwealth of Australia, as they are made under a federal act. The changes are explicit in their application to the specified regulations without introducing any new exclusions, exemptions, or thresholds, thereby maintaining the existing framework while altering the membership requirements for the specified boards. The scope of these regulations is limited to the administrative structure of the boards and does not extend to the substantive criteria or processes for film censorship or review.

Key Provisions

The key operative sections of the Statutory Rules 1974 No. 189 involve amendments to the Customs (Cinematograph Films) Regulations, specifically to Regulations 5 and 35. Regulation 5, concerning the Censorship Board, has been amended by increasing the number of members required to constitute a quorum from three to six (regulation 1). Similarly, Regulation 35, which pertains to the Constitution of the Board of Review, has also been altered to require a quorum of six members instead of three (regulation 2). These amendments impose specific obligations on the parties and entities governed by the Customs Act 1901-1974. The most significant change is the requirement for a larger quorum to constitute a valid meeting of the Censorship Board and the Board of Review. This means that decisions made by these boards must now be supported by at least six members rather than three, ensuring a broader consensus and potentially more rigorous review processes. Breach of these regulations could lead to various legal consequences. While the Statutory Rules do not explicitly outline penalties for non-compliance, the overarching Customs Act 1901-1974 provides a framework for enforcement. Under the Act, non-compliance with customs regulations can result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties can vary, but they are significant enough to deter non-compliance and ensure adherence to the regulations. In summary, Statutory Rules 1974 No. 189 amends the Customs (Cinematograph Films) Regulations by increasing the quorum size for the Censorship Board and the Board of Review. These amendments impose a clear requirement for a larger number of members to constitute a valid meeting, thereby affecting the decision-making processes within these boards. While the specific penalties for non-compliance are not detailed in the Statutory Rules, the broader Customs Act provides a legal framework that includes significant fines and potential imprisonment for violations.