COMMONWEALTH OF AUSTRALIA
CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT)
1990 No. 40
EXPLANATORY STATEMENT
The purpose of the Customs (Cinematograph Films) Regulations (Amendment) is to amend the Principal Regulations to specify conditions under which films may be imported and to provide for review of certain decisions made by a censor, the Collector and the Attorney-General in accordance with recommendations by the Administrative Review Council. The proposed Regulations are to be made at the same time as the amendments to the Customs (Prohibited Imports) Regulations to implement similar recommendations proposed by the Administrative Review Council.
The amendments to the Principal Regulations provide for
• prohibition of importation of films or advertising matter unless conditions specified in the regulations are complied with by the importer. In addition the Chief Censor is to be given the power to specify conditions under which permission may be granted to a person who applies for the importation of a film or advertising matter. The provision will effectively provide the Chief Censor with the power to act with flexibility in the administration of the Principal Regulations. This is achieved by repealing Regulations 9 and 10 and inserting new provisions.
• flexibility for the Film Censorship Board, the member of the Board or the Deputy Censor to deal with imposition of conditions on registration and imposition of security on registration of film, by amendment to Regulation 19.
• the Chief Censor to be given the power to use discretion, where necessary, in requiring an importer lodge a deposit for security to enable delivery of a film for reconstruction, where the Film Censorship Board or the Film and Literature Board of Review have not allowed registration of a film, by amendment to Regulation 22.
• clarification of the Chief Censor’s power to grant approval to an importer, who has applied for registration of a film, to remove the film from the control of the Customs before registration has been obtained. This is achieved by amendment to Regulation 24.
• clarification of the power for the Board or a member of the Board to pass, either with or without amendment, or to reject the advertising matter, by amendment to Subregulation 26(3).
• the Chief Censor to be given the power to set conditions for the delivery of advertising matter from the control of the Customs after the material has been passed amended or rejected by the Board, by amendment to Subregulation 26(4).
• clarification of appeal rights to the Administrative Appeals Tribunal (AAT) by amendment to Regulation 34 consequential on the addition of Regulation 40B.
• extension of the jurisdiction of the Film and Literature Board of Review to review certain decisions, by amendment to Regulation 39.
• provision for the Attorney-General to exclude AAT review of particular decisions under Subregulation 40(2) where it is in the public interest, by addition of Regulation 40A.
• extension of the jurisdiction of the AAT to review certain decisions made by the Chief Censor, the Collector and the Attorney-General, by addition of Regulation 40B.
Details of the amending Regulations are set out in the Attachment.
No. of 1990
AUTHORISED BY THE
ATTORNEY-GENERAL
ATTACHMENT
Details of the Customs (Cinematograph Films) Regulations (Amendment) (No. ) 1990.
Clause 1 defines ‘Principal Regulations’ to mean the Customs (Cinematograph Films) Regulations.
Clause 2 repeals Regulation 9 and Regulation 10. This clause provides for
• prohibition of importation of films or advertising matter unless specified conditions are complied with by the importer.
• the Chief Censor to be given the power to set specific conditions under which permission may be granted for the importation of a film or advertising matter.
Clause 3 amends Regulation 19 to provide the Film Censorship Board, the member of the Board or the Deputy Censor with the flexibility to deal with imposition of conditions on registration and imposition of security on registration of film.
Clause 4 amends Regulation 22 to provide the Chief Censor with the power to use discretion requiring an importer to lodge a deposit for security for delivery of a film for reconstruction, where the Film Censorship Board or the Film and Literature Board of Review have not allowed registration of a film.
Clause 5 amends Regulation 24 to provide for clarification of the Chief Censor’s power to grant approval to an importer, who has applied for registration of a film, to remove the film from the control of the Customs before registration has been obrained.
Clause 6 amends
• subregulation 26(3) to provide for clarification of the power for the Film Censorship Board or a member of the Board to pass, either with or without amendment, or to reject the advertising matter; and
• subregulation 26(4) to provide the Chief Censor with the power to set conditions for the delivery of advertising matter from the control of the Customs after the material has been passed by the Film Censorship Board or a member of the Board.
Clause 7 repeals subregulations (2), (3) and (4) of Regulation 34 to enable all the appeal rights and procedures governing appeals to the Administrative Appeals Tribunal under the Principal Regulations to be dealt with by Regulation 40B, which is created by Clause 9.
Clause 8 amends Regulation 39 to make decisions by a Censor subject to appeal by the Film and Literature Board of Review, other than decisions of a Censor which are subject to review by the AAT.
Clause 9 creates Regulation 40A and Regulation 40B.
• Regulation 4 0A provides that where the Attorney-General gives a direction under Regulation 40(2) the Attorney-General is to be required to notify in writing the importer of the film or advertising matter. The Attorney-General is to have the power to exclude an appeal to the AAT on a direction made by the Attorney-General when it is in the public interest. Under these circumstances, the Attorney-General is to provide a certificate for tabling in parliament stating the reasons for the exclusion.
• Regulation 40B extends the jurisdiction of the AAT Act to review the following decisions made by the Chief Censor, the Collector and the Attorney-General;
- a decision made by the Chief Censor under Subregulation 22(5) to allow, subject to the giving of a security, removal of a film from the control of Customs for the purpose of reconstruction when the film has been refused registration.
- a decision made by the Chief Censor under Subregulation 24(1) to allow, subject to the deposit payable and the giving of security, removal of a film from the control of Customs prior to its registration for purpose of inspection, waxing, repair, alteration, or the printing of a positive copy from the negative.
- a decision made by the Collector of Customs under Subregulation 19(b) and Subregulation 19(c) where the Collector determines an amount of money required to be deposited as security from the film importer on the film’s registration.
- a decision made by the Collector of Customs under Subregulation 22(5) where the Collector has the power to determine an amount of money required for security from a film importer for removal of the film from the control of Customs for purposes of reconstruction when the film has been refused registration.
- a decision made by the Collector of Customs under Subregulation 24(1) where the Collector determines the amount of deposit required for security for removal of a film from the control of Customs prior its registration for purpose of inspection, waxing, repair, alteration, or the printing of a positive copy from the negative.
- a decision made by the Collector of Customs under Subregulation 26(4) where the Collector determines the amount of deposit required for security for delivery of advertising matter from the control of Customs after the advertising matter has been passed by the Board or a member of the Board.
- a decision made by the Attorney-General under Regulations 32 or 33 to refuse approval or to revoke approval for an organisation or for an event for the purpose of importing and screening films which are not required to be classified by the Film Censorship Board.
- a decision made by the Attorney-General under Subregulation 40(2) to give a direction on a matter referred to him.
• Regulation 40(B) includes the definition of decision which is to be the same as the definition used in the Administrative Appeals Act 1975.
• Regulation 40(B) provides for persons whose interests are affected by a decision subject to AAT review to be notified of their review rights and their right to a statement of reasons under the AAT Act.