Customs (Cinematograph Films) Regulations (Amendment) 1994 No. 85
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 85
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL CUSTOMS ACT 1901
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT)
Section 50 of the Customs Act 1901 provides that the Governor-General may by regulation, prohibit the importation of goods into Australia unless specified conditions or restrictions are complied with.
The Customs (Cinematograph Films) Regulations ('the Principal Regulations') provide for the establishment and powers of the Censorship Board and the Film and Literature Board of Review ('the Board of Review') and for the conditions subject to which a film for public exhibition and advertising matter for such films may be imported into Australia.
Regulation 5 of the Principal Regulations provides, in part, that the Censorship Board shall consist of the Chief Censor, the Deputy Chief Censor, the Senior Censor and not more than nine other members.
Regulation 39D provides that in addition to the powers and functions conferred by the Regulations on the Censorship Board, a Censor and the Board of Review, the Boards and Censors may also, in relation to the censorship and classification of films and publications, exercise powers and functions conferred on them under an arrangement under a law of a State, by a law of the Australian Capital Territory or under the law of another Territory as the Attorney-General directs.
It is pursuant to the provisions of Regulation 39D that the Censorship Board, a Censor and the Board of Review is authorised to perform classification functions for the States, the Australian Capital Territory and the Northern Territory.
The purpose of the Regulations is to enable the Censorship Board, the Censor and the Board of Review to undertake the additional function of classifying computer games and computer generated images in pursuance of powers conferred under State and Territory legislation. This follows the recent agreement of Commonwealth, State and Territory Ministers responsible for censorship matters to a classification scheme for computer games and computer generated images.
The Regulations also provide for a second office of Senior Censor and an increase in the maximum number of ordinary members of the Censorship Board from 9 to 11.
These additional positions will ensure that the Censorship Board has sufficient members to deal with its additional workload.
Details of the Regulations are set out in the attachment. ATTACHMENT
Details of the Regulations are as follows:
Regulation 1 provides that the Customs (Cinematograph Films) Regulations are amended as set out in the Regulations.
Regulation 2 amends the definitions of 'Censor', 'member of the Board' and 'the Senior Censor' in Regulation 4, consequent upon the creation of an additional office of Senior Censor. It also amends the definitions of 'the Board', 'the Board of Review', 'the Chief Censor' and 'the Deputy Chief Censor' to bring them into line with the current drafting style.
Regulation 3 amends Regulation 5 to make provision for an additional office of Senior Censor on the Censorship Board and to increase the maximum number of ordinary members of the Censorship Board from 9 to 11.
Regulation 4 makes an amendment to Regulation 6 consequent upon the creation of the new office of Senior Censor. Regulation 6 enables a person to be appointed to act where there is a vacancy in an office on the Censorship Board or where the holder of the office is absent from duty or unable to perform the duties of the office.
Regulation 5 amends Regulation 7A to allow for the Chief Censor to delegate his/her duties, powers and functions under the Regulations to the holder of the new Senior Censor office.
Regulation 6 amends Regulation 39D to enable the Censorship Board, a Censor and the Board of Review to classify computer games under powers conferred by a law of the Australian Capital Territory, by arrangement under a law of a State or under a law of another Territory as the Attorney-General directs.
Overview
The Customs (Cinematograph Films) Regulations (Amendment) 1994 No. 85, issued under the authority of the Attorney-General, amends the existing Customs (Cinematograph Films) Regulations to address the growing need for a classification scheme for computer games and computer-generated images. Enacted by the Australian government, these regulations modify the Customs Act 1901 to update the framework governing film censorship and classification in the country. The policy objective of this amendment is to align the regulatory structure with the recent agreement among Commonwealth, State, and Territory Ministers responsible for censorship matters, ensuring that the Censorship Board, the Censor, and the Board of Review can effectively perform their classification functions for computer games and computer-generated images across multiple jurisdictions. This legislative change seeks to streamline the classification process and enhance the administrative capacity of the relevant boards by adding a second office of Senior Censor and increasing the maximum number of ordinary members of the Censorship Board.
Scope and Application
The Customs (Cinematograph Films) Regulations (Amendment) 1994 No. 85 apply to the importation of films and advertising material for films into Australia, as well as the classification of computer games and computer-generated images. These regulations amend the existing Customs (Cinematograph Films) Regulations, which establish and empower the Censorship Board, the Censor, and the Board of Review. The amended regulations facilitate the additional function of classifying computer games and computer-generated images, in line with agreements between Commonwealth, State, and Territory Ministers responsible for censorship matters. The amendment also introduces a second office of Senior Censor and increases the maximum number of ordinary members of the Censorship Board from nine to eleven to manage the additional workload. These regulations extend to the entire Commonwealth of Australia, impacting individuals and entities involved in the importation of films and computer games, as well as those responsible for their classification. The application of these regulations is further directed by the Attorney-General under specific arrangements with State and Territory laws.
Key Provisions
The Customs (Cinematograph Films) Regulations (Amendment) 1994 No. 85 amends the existing Customs (Cinematograph Films) Regulations to introduce several changes, as detailed in the attached regulations. Regulation 2 modifies the definitions of key terms such as 'Censor', 'member of the Board', 'Senior Censor', 'Board', 'Board of Review', 'Chief Censor', and 'Deputy Chief Censor' to reflect the new structure and roles within the Censorship Board. Regulation 3 establishes an additional office of Senior Censor on the Censorship Board and increases the maximum number of ordinary members from nine to eleven, ensuring the board has sufficient personnel to handle its expanded responsibilities. Regulation 4 and Regulation 5 facilitate the appointment of acting members and the delegation of duties from the Chief Censor to the Senior Censor, ensuring continuity in operations. Regulation 6 extends the powers of the Censorship Board, a Censor, and the Board of Review to include the classification of computer games under arrangements with state and territory laws as directed by the Attorney-General.
The amended Regulations impose several obligations on the Censorship Board, the Censor, and the Board of Review. Firstly, they must now classify computer games and computer-generated images in accordance with the agreed classification scheme, which involves evaluating content and assigning appropriate classifications to ensure compliance with state and territory laws. The Senior Censor's role involves taking on additional duties that may be delegated by the Chief Censor, ensuring that the day-to-day operations of the Censorship Board are efficiently managed. Furthermore, the expanded membership of the Censorship Board requires the appointment of additional members to meet the new maximum of eleven ordinary members, ensuring that the board can adequately perform its expanded functions.
Breaches of the provisions outlined in the Customs (Cinematograph Films) Regulations (Amendment) 1994 No. 85 could result in significant legal consequences. While the specific penalties are not detailed within the explanatory statement, breaches of regulations related to the importation of films and computer games could lead to fines or other civil penalties under the Customs Act 1901. Additionally, non-compliance with the classification requirements could result in legal action by affected parties, including content creators and distributors, seeking redress for any damages incurred due to improper classification or non-classification of films and computer games. The potential criminal penalties would depend on the specific breach and the relevant state or territory laws governing film and computer game classifications.