Customs (Cinematograph Films) Regulations (Amendment)

Overview

Statutory Rules 1945 No. 125, made under the Customs Act 1901-1936, addresses the need to refine and enhance the administration of the censorship of cinematograph films entering Australia. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, this regulation introduces the appointment of Deputy Censors to assist the Censor in their duties. The policy objective is to ensure that the censorship process is efficient and effective, thereby maintaining the standards set forth by the Customs Act while enabling the expansion of administrative capabilities. This legislative instrument aims to provide the necessary flexibility in the enforcement of film censorship regulations, reflecting the evolving nature of the film industry and its impact on Australian society.

Scope and Application

This Statutory Rule, made under the Customs Act 1901-1936, pertains specifically to amendments of the Customs (Cinematograph Films) Regulations, adding a new regulation to establish the appointment of Deputy Censors. The Act applies to any individual who may be appointed as a Deputy Censor by the Minister, on the recommendation of the Comptroller, who will then exercise certain powers and functions of the Censor as directed by the Comptroller. The scope of the Act is limited to the regulation of cinematograph films as per the Customs (Cinematograph Films) Regulations, and its application extends across the Commonwealth of Australia. There are no explicit exclusions, exemptions, or thresholds mentioned in the text. The application of this regulation may be further extended or restricted through subordinate instruments, though such details are not provided in the text. This amendment reflects the ongoing administrative adjustments to the regulatory framework governing the importation and censorship of cinematograph films within the country.

Key Provisions

The key operative sections of this statutory rule involve the amendment of the Customs (Cinematograph Films) Regulations, specifically introducing a new regulation (6a) that pertains to the appointment and role of Deputy Censors. According to section 6a, the Minister has the authority, based on the Comptroller's recommendation, to appoint individuals as Deputy Censors. These Deputy Censors hold their positions at the discretion of the Minister and are empowered to exercise specific powers and functions of the Censor, as directed by the Comptroller. This amendment effectively expands the administrative capacity of the film censorship process under the Customs Act 1901-1936 by introducing an additional layer of oversight and responsibility. The obligations imposed by this regulation on the relevant parties are primarily administrative and procedural in nature. The Minister must follow the recommendation of the Comptroller when considering the appointment of Deputy Censors, ensuring that the process is both transparent and guided by expert opinion. The Comptroller, in turn, must provide clear directives on the powers and functions that these Deputy Censors are permitted to exercise. These obligations are designed to maintain a structured and accountable system for film censorship, ensuring that the regulatory framework is effectively implemented and enforced. There are no explicit offences, penalties, or civil/criminal consequences outlined in this statutory rule. The primary focus is on establishing the procedural framework for appointing Deputy Censors and delineating their scope of authority. However, it is implied that any failure to adhere to the established procedures or misuse of the powers granted to Deputy Censors could potentially lead to administrative or legal repercussions. Although not detailed in this particular legislation, breaches of the broader Customs Act 1901-1936 or related regulations could result in significant penalties, including fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened.