Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Customs (Cinematograph Films) Regulations (Amendment) 1985, as detailed in Minute No. 1985 of the Attorney-General, was enacted to address a limitation on the number of times films could be screened at approved festival events within Australia. The original regulation, under Section 50 of the Customs Act 1901, allowed films to be shown only twice. However, this limitation posed a challenge for Australian film festivals aiming to comply with the Regulations for International Film Festivals set by the International Federation of Film Producers Associations. By amending Regulation 31, the proposed change increased the allowable screenings from twice to three times, thus facilitating the retention of accreditation for Australian film festivals on the international stage. This amendment was issued under the authority of the Attorney-General and was implemented to ensure that Australian film festivals could continue to participate in and benefit from international film festival circuits.

Scope and Application

The Customs (Cinematograph Films) Regulations (Amendment) 1985 pertains to entities and persons involved in the screening of films at approved festival events within Australia. This amendment applies to the presentation of films at accredited film festivals, allowing them to comply with the regulations set by the International Federation of Film Producers Association. The amendment modifies the current provision which permits films to be screened no more than twice, by increasing this limit to three screenings. This alteration is confined to the Australian jurisdiction and does not extend beyond it, maintaining its application strictly within the nation's borders. The scope of the amendment is limited to Regulation 31 of the Customs (Cinematograph Films) Regulations, with no exclusions, exemptions, or thresholds specified in the text. The amendment does not mention any subordinate instruments extending or restricting its application, indicating that its scope is confined to the changes stipulated in the amendment itself.

Key Provisions

The Customs (Cinematograph Films) Regulations (Amendment) Statutory Rules 1985 No. 105 introduces a significant change to the existing provisions concerning the screening of films at approved festival events within Australia. The amendment, which pertains specifically to Regulation 31(2)(b), allows films to be screened not more than three times at these events, rather than the current limit of twice (section 50 of the Customs Act 1901). This alteration is intended to ensure that Australian film festivals maintain their accreditation with the International Federation of Film Producers Associations by aligning with the Regulations for International Film Festivals. The obligations under this amended regulation are primarily directed towards film festival organisers and event promoters. They must now ensure that films are not screened more than three times at approved festival events. This requirement aligns with international standards and facilitates the participation of Australian film festivals in global events, thereby enhancing the visibility and prestige of Australian cinema on the international stage. The amendment provides clarity and flexibility in the number of screenings permitted, which was previously limited to twice. Failure to comply with the new screening limits may lead to penalties and legal consequences. Although the Explanatory Statement does not explicitly detail the penalties, breaches of the Customs (Cinematograph Films) Regulations generally attract fines and potential legal action under the Customs Act 1901. The specific penalties for non-compliance with these regulations may include financial penalties and other enforcement measures as prescribed by the relevant authorities. Ensuring adherence to the amended regulation is crucial for maintaining the credibility and accreditation of Australian film festivals within the international community.