Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Statutory Rules 1973 No. 163, enacted under the Customs Act 1901-1971, introduced amendments to the Customs (Cinematograph Films) Regulations, addressing the need to refine the administrative and operational structure of the film censorship process in Australia. These regulations were made by the Governor-General of Australia, acting on the advice of the Executive Council, and notified in the Australian Government Gazette on 30 August 1973. The primary aim of these amendments was to update the composition and authority of the censorship board, delegate certain powers more effectively, and ensure that the processes for examining and deciding on the classification of films were clear and efficient. By amending the composition of the censorship board, increasing its members to seven, and adjusting the roles and responsibilities of the Attorney-General and other officials, the regulations sought to enhance the administration of film censorship in alignment with contemporary needs and practices.

Scope and Application

The Statutory Rules 1973 No. 163, made under the Customs Act 1901-1971, pertain specifically to the Customs (Cinematograph Films) Regulations, impacting the importation and censorship of films within Australia. These Regulations apply to individuals and entities involved in the importation of films, ensuring compliance with censorship standards and guidelines. The scope extends to all persons and entities bringing films into Australia, thereby regulating the conduct and transactions associated with film importation. The application of these Regulations is nationwide, reflecting their national jurisdictional reach. Exclusions and exemptions are not explicitly stated in the provided text, but the focus remains on the censorship and importation processes of films into Australia. The Regulations allow for the Attorney-General to delegate certain powers and duties, indicating that subordinate instruments may further extend or clarify the application of these provisions.

Key Provisions

The Statutory Rules 1973 No. 163, under the Customs Act 1901-1971, introduce significant amendments to the Customs (Cinematograph Films) Regulations. These amendments focus primarily on the composition and powers of the Censorship Board, the delegation of authority by the Attorney-General, and the process for examining films before censorship. Regulation 5(1) now mandates that the Censorship Board consists of seven members, removing the previous requirement for one of the members to be a woman (Regulation 5). Regulation 7(1) and (2) shift the responsibility for appointing Deputy Censors from the Minister to the Attorney-General, and eliminate the Comptroller’s recommendation requirement (Regulation 7). A new regulation, 7aa, allows the Attorney-General to delegate any of their powers, duties, or functions under these Regulations, except the power to delegate itself (Regulation 7aa). Regulation 24(1) and (2) now permit a person authorised by the Chief Censor to examine films before censorship, removing the need for the Minister’s consent and replacing the term “officer” with “authorised person” (Regulation 24). Regulation 27(c) modifies the authority to order the export or destruction of rejected films from the Minister to the Attorney-General (Regulation 27). Finally, Regulation 40 removes references to the Minister throughout, replacing them with references to the Attorney-General (Regulation 40). These Regulations impose specific obligations on the parties involved. The Attorney-General must now manage the appointment of Deputy Censors and authorise the examination of films before censorship. They are also responsible for determining the export or destruction of rejected films. The newly introduced power of delegation allows the Attorney-General to delegate certain duties, but this power of delegation itself cannot be delegated. This delegation is revocable at will and does not preclude the Attorney-General from exercising any power or performing any duty or function. There are no explicit provisions in the Regulations detailing offences, penalties, or consequences for breaches. However, given the statutory context under the Customs Act 1901-1971, any failure to comply with these Regulations could potentially lead to legal ramifications under the broader Act. The Customs Act may impose penalties for non-compliance, although the specific penalties are not outlined in these Regulations. The potential consequences could include fines, imprisonment, or other legal sanctions as determined by the Customs Act and applicable laws.