Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Customs (Cinematograph Films) Regulations 1963 were enacted to amend the existing regulations under the Customs Act 1901-1960. These regulations were introduced to address the need for updated governance and administrative structures within the censorship of cinematograph films entering Australia. Enacted by the Governor-General in Council, these amendments aimed to streamline the process of film censorship by formally recognising the role of the Deputy Chief Censor and enhancing the composition and functionality of the Censorship Board. The policy objective behind these amendments was to ensure that the regulatory framework remained effective and responsive to the evolving landscape of film distribution and censorship practices.

Scope and Application

The Customs (Cinematograph Films) Regulations 1963, as amended by Statutory Rules 1956, 1958, and 1961, apply to the importation and exportation of cinematograph films within the Commonwealth of Australia, establishing specific regulatory frameworks and processes. These regulations govern the activities of persons and entities involved in the import and export of cinematograph films, ensuring that they comply with censorship and classification standards as overseen by the Board, which includes the Chief Censor and the Deputy Chief Censor. The regulations also detail the composition and powers of the Censorship Board, specifying that it must consist of the Chief Censor, the Deputy Chief Censor, and five additional members, one of whom must be a woman. The Chief Censor retains the authority to delegate certain powers and duties to the Deputy Chief Censor, allowing for flexibility in the administration of these regulations. These amendments reflect an update in the regulatory structure to incorporate the role of the Deputy Chief Censor and to ensure a more balanced representation within the Censorship Board.

Key Provisions

The Customs (Cinematograph Films) Regulations, as amended, introduce specific provisions concerning the censorship of cinematograph films entering Australia. The main operative sections, particularly regulation 1, redefine the term "Censor" to include both the Chief Censor and the Deputy Chief Censor. Regulation 2 modifies the composition of the Censorship Board to include the Chief Censor, the Deputy Chief Censor, and five additional members, one of whom must be a woman. A new regulation, 7A, inserted after regulation 7, allows the Chief Censor to delegate any of his powers, duties, and functions to the Deputy Chief Censor, except the power of delegation itself. This delegation can be exercised in writing and is revocable at will, continuing even during a vacancy or incapacity of the Chief Censor. These amendments impose obligations on the parties involved, particularly the Chief Censor and the Deputy Chief Censor. The Chief Censor retains the authority to delegate his responsibilities to the Deputy Chief Censor, ensuring continuity in the censorship process. The Deputy Chief Censor, upon receiving such delegation, must exercise the delegated powers, duties, and functions in accordance with the terms specified in the delegation instrument. The Censorship Board must now include the Deputy Chief Censor and ensure that at least one of the additional five members is a woman. For breaches of these regulations, the Customs Act 1901-1960 provides for potential offences and penalties. While the specific penalties are not detailed in these regulations, contraventions of the Customs Act can result in substantial fines and, in severe cases, imprisonment. The maximum penalties can vary based on the nature and severity of the breach, reflecting the importance of compliance with customs and censorship regulations to maintain order and cultural standards within Australia.