Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Regulations under the Customs Act 1901-1925 (First Amendment), enacted in 1928, were introduced to address the need for updated regulations regarding the review and screening of cinematograph films for import purposes. These regulations were made under the authority of the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, and came into operation immediately upon their enactment. The policy objective behind these amendments was to streamline the administrative processes associated with film importation by updating the fee structure and ensuring clarity in the application of charges for film review and screening. This legislative instrument reflects the intent to adapt to evolving practices in film importation and censorship during the period, thereby facilitating more efficient customs operations.

Scope and Application

The Regulations under the Customs Act 1901, 1925, as amended by Statutory Rules 1928, No. 65, pertain specifically to the import of cinematograph films into Australia. These Regulations apply to importers of films, requiring them to pay specified fees for the review and screening of films as part of the customs process. The fees are payable before the film is screened for inspection or before a screening at the Censorship Office, as stipulated in the amended regulation. This legislative instrument modifies the Customs (Cinematograph Films) Regulations by adjusting the fees associated with reviewing and screening films and updating the form used for fee submission. The scope of these Regulations is limited to the customs requirements for film imports, with no stated exclusions or exemptions within the text. The geographic reach of these Regulations is national, applying across the Commonwealth of Australia.

Key Provisions

The main operative sections of the Customs (Cinematograph Films) Regulations (Statutory Rules 1926, No. 119) First Amendment (1928) include the repeal and substitution of Regulation 16 (paragraph 1) and the amendment of Form 1 in the Schedule (paragraph 2). Regulation 16(1) now requires a review fee of Twenty shillings for each reel of film to be paid by the importer before the film is screened for inspection, and Regulation 16(2) requires a fee of Two shillings and sixpence for each reel of film to be paid before screening at the Censorship Office. The amendment to Form 1 involves the removal of the words "The prescribed fee of Ten shillings per reel" and "One shilling per 100 feet is forwarded herewith." The Customs (Cinematograph Films) Regulations impose several obligations and requirements on the parties or entities it governs. Importers must pay a review fee before their film is screened for inspection, as specified in Regulation 16(1), and a screening fee before screening at the Censorship Office, as specified in Regulation 16(2). The regulations also require importers to submit the appropriate fees as outlined in Form 1, which has been amended to reflect the new fees. Any breaches of the Customs (Cinematograph Films) Regulations may result in penalties or consequences. While the Regulations do not explicitly state the penalties for non-compliance, it is reasonable to assume that failure to pay the prescribed fees or non-compliance with the regulations may result in the film not being screened, potentially leading to legal consequences under the Customs Act 1901, 1925. The maximum penalties for breaches of the Customs Act are not specified in these Regulations but may include fines or imprisonment, depending on the severity of the breach.