EXPLANATORY STATEMENT
Statutory Rules 1983 No. 332
Customs (Cinematograph Films) Regulations
(Issued under the authority of the Attorney-General)
The purpose of the accompanying amendments to the Customs (Cinematograph Films) Regulations is to limit the application of the Regulations to film for public exhibition.
Commonwealth/State Ministers with responsibility for censorship have agreed that controls over censorable goods - including films and videocassettes for other than public exhibition - should be concentrated at the point-of-sale rather than at the point of importation. It was also agreed that a uniform censorship classification scheme for publications and films/videocassettes should be introduced. The amendments will assist in the implementation of this system.
The opportunity has also been taken to review a number of outdated provisions of the Regulations and to provide a legislative framework at Commonwealth level permitting arrangements to be made for those appointed under the Regulations to carry out functions under State/Territory legislation.
Regulation 1 provides that the amendments are to come into operation on 1 February 1984.
Regulation 2 defines the Customs (Cinematograph Films) Regulations as the principal regulations for the purposes of these amendments.
Regulation 3 inserts a new sub-regulation 2A, which limits the application of the Regulations to film imported for public exhibition.
Regulation 4 re-defines “film” in existing regulation 4 to include video discs and defines “public exhibition” for the purposes of the Regulations.
This definition is designed to cover the exhibition of film under circumstances which would normally require registration under States legislation governing public exhibition or classification in accordance with the Australian Broadcasting Tribunal’s Programme Standards.
Regulation 5 prescribes “physical or mental” incapacity as grounds for the removal from office of a member of the Censorship Board under existing sub-regulation 5(7).
Regulation 6 amends existing regulation 7A to enable the Chief Censor to delegate his powers under the Regulations to members of the Board and Deputy Censors, as well as to the Deputy Chief Censor.
Regulation 7 prescribes various matters relating to the exercise of the powers of the Censorship Board in existing regulation 8.
Sub-regulation 8(2) is omitted and replaced by a new sub-regulation confirming the role of the Chief Censor as “chairman” of the Censorship Board.
Sub-regulation 8(3) provides that, subject to the following sub-regulation, the decision of the majority of members of the Board shall prevail.
Sub-regulation 8(4) gives the Chief Censor a deliberative, as well as a casting, vote where the Board consists of the Chief Censor and at least three other members.
Regulation 8 omits from existing regulation 13, which sets out the grounds for refusal to register films or pass advertising matter, the outdated grounds that a “film or advertising matter is likely to be offensive to the people of a friendly nation or to the people of a part of the Queen’s dominions.”
Regulation 9 replaces the present prescribed form of application for registration in existing regulation 14 with a form approved by the Chief Censor.
Regulation 10 amends existing regulation 15 to provide the Chief Censor with discretionary power to register film with or without screening.
Regulation 11 amends existing regulation 17 to permit Deputy Censors and single members to refer films screened before then and considered suitable for registration to the Chief Censor for further screening.
Regulation 12 inserts a new regulation 18A to enable the Board to approve the registration of films which have not been screened.
Regulation 13 replaces the prescribed form of certificate of registration in existing regulation 20 with a form approved by the Chief Censor.
Regulation 14 replaces the prescribed form of notice of refusal of registration in existing regulation 21 with a simple notice setting out the grounds of the refusal.
Regulation 15 amends existing regulation 39A to empower the Cinematograph Films Board of Review to accept applications for review of a decision of the Censorship Board under A.C.T. legislation, as well as under the Regulations.
Regulation 16 amends existing regulation 39B to empower the Cinematograph Films Board of Review to determine applications for review made under the above regulation.
Regulation 17 inserts a new regulation 39D which confers on the Censorship Board, Censors and the Board of Review powers and functions under State/Territory legislation by arrangement, by legislation in the Australian Capital Territory or at the Attorney-General’s direction in other Territories.
This regulation provides a basis in Commonwealth legislation for arrangements and agreements with State Governments and empowers Censors to classify videocassettes under the A.C.T. Classification of Publications Ordinance 1983.
Regulation 18 emits from the Schedule the prescribed forms mentioned above.
Regulation 19 prescribes the Schedule of formal amendments in accordance with current drafting practice.