Customs (Cinematograph Films) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 17, made under the Customs Act 1901, was enacted to amend the Customs (Cinematograph Films) Regulations, specifically regarding the appointment of individuals to act as Chief Censor, Deputy Chief Censor, or members of the Board. This legislative instrument was introduced to address the need for more flexible appointment terms for these roles. The Governor-General, acting with the advice of the Federal Executive Council, made these regulations. The policy objective was to ensure that the regulatory framework for film censorship could adapt to the needs of the time, allowing for more consistent and reliable appointments to these critical roles within the customs administration. The regulations were notified in the Commonwealth of Australia Gazette on 15 February 1979.

Scope and Application

The Customs (Cinematograph Films) Regulations, as amended, apply to the classification and censorship of cinematograph films imported into the Commonwealth of Australia. These regulations establish the framework for the appointment of individuals to act as Chief Censor, Deputy Chief Censor, or members of the Board responsible for reviewing and classifying films. The scope of these regulations extends to the entire Commonwealth, ensuring a uniform approach to film censorship across Australia. The geographic reach of these regulations is limited to the national level, governed by the overarching Customs Act 1901. While the primary focus is on the importation of films, the regulations do not explicitly state any exclusions, exemptions, or thresholds, implying that all imported films are subject to the classification process. Additionally, the application of these regulations can be extended or modified through subordinate instruments, allowing for updates and refinements in line with changing societal standards and technological advancements.

Key Provisions

The main operative sections of this legislative instrument focus on the appointment and role of individuals in the censorship of cinematograph films under the Customs (Cinematograph Films) Regulations, as amended (section 6). This amendment allows for the appointment of persons to act as Chief Censor, Deputy Chief Censor, or members of the Board during all periods, not just specific periods, thereby ensuring continuous oversight and management of film censorship responsibilities. These provisions underscore the importance of having consistent and authoritative figures in place to review and determine the suitability of films for import and exhibition within Australia. The obligations imposed by these regulations include the requirement for the Chief Censor, Deputy Chief Censor, and Board members to carry out their duties diligently and according to the standards set forth in the Customs Act 1901 and the Customs (Cinematograph Films) Regulations. They must ensure that all films considered for import into Australia are assessed for content that may be deemed inappropriate or harmful, and decisions must be made in accordance with the prevailing censorship guidelines and legal requirements. These officials are expected to maintain impartiality and integrity in their evaluations to protect public morality and uphold the legislative intent behind film censorship. Failure to comply with the provisions outlined in this regulation may result in both civil and criminal consequences. While the specific penalties are not detailed within the text, breaches of the Customs Act 1901 or its associated regulations can lead to fines, imprisonment, or both, depending on the severity of the violation. The exact penalties would be determined in the context of the broader legislative framework and any relevant case law. The seriousness of the consequences underscores the importance of adherence to the regulatory requirements and the potential ramifications of non-compliance.