Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Statutory Rules 1958, No. 68, enacted by the Governor-General in Council, amends the Customs (Cinematograph Films) Regulations under the Customs Act 1901-1957. This legislative instrument was introduced to adjust the composition of the Censorship Board and its appeal processes, specifically by increasing the number of members required to constitute a quorum from four to six. The objective of this amendment was to ensure more comprehensive and balanced decision-making in the censorship of films entering Australia. By authorising this change, the Federal Government aimed to refine the regulatory framework governing film importation, reflecting evolving societal standards and the need for more robust oversight. The regulation was made by the Governor-General on the advice of the Minister of State for Customs and Excise, highlighting the government's commitment to maintaining stringent controls over film content that aligns with national values and public interest. This amendment was officially notified in the Commonwealth Gazette on 23rd October 1958, marking a procedural adjustment intended to enhance the efficacy of film censorship mechanisms within the existing legal structure.

Scope and Application

The Statutory Rules 1958, No. 68, which amend the Customs (Cinematograph Films) Regulations, apply to the import and export of cinematograph films within the Commonwealth of Australia, impacting film distributors, producers, and importers. The amendment specifically modifies the number of individuals who can serve on the Censorship Board from four to six, thereby extending the scope of the board's membership and potentially its capacity for decision-making. The regulation is made under the authority of the Customs Act 1901-1957 and is applicable nationally, with no stated exclusions or exemptions within the scope of this particular legislative instrument. Subordinate instruments may further extend or clarify the application of these regulations, ensuring compliance with the updated board composition and its implications for film censorship.

Key Provisions

The primary operative section of this statutory regulation, as referenced in Regulation 5, pertains to the amendment of the Customs (Cinematograph Films) Regulations (Section 1). This specific amendment involves the modification of sub-regulation (2), where the word “four” is replaced with “six”. This change likely pertains to the number of members required on a censorship board or a similar body involved in the regulation of cinematograph films. This alteration suggests an increase in the number of individuals who would be involved in the decision-making process regarding film censorship. The obligations and requirements imposed by this Act on the relevant parties or entities would involve the restructuring of the censorship board or committee. With the increase in the number of members from four to six, the decision-making process may become more comprehensive and balanced. This change may require the recruitment of additional members to ensure the board meets its new numerical requirement. Furthermore, the new board composition must adhere to the rules and guidelines set forth by the Customs Act 1901-1957, ensuring that the amendment is implemented correctly and effectively. Regarding any offences, penalties, or consequences for breach of this regulation, there is no explicit mention of such provisions in the text provided. However, it is essential to consider that non-compliance with the Customs Act 1901-1957 or the amended Customs (Cinematograph Films) Regulations could result in various penalties, depending on the severity of the breach. These penalties may include fines, imprisonment, or both, as stipulated in the primary Act. The maximum penalties would depend on the specific nature of the breach and the relevant provisions of the Customs Act. In summary, this statutory regulation primarily involves the amendment of Regulation 5 in the Customs (Cinematograph Films) Regulations, increasing the number of members on a censorship board from four to six. The affected parties or entities must ensure compliance with this change and adhere to the guidelines set forth in the Customs Act 1901-1957. While the text provided does not explicitly outline the penalties for non-compliance, it is essential to consider the potential consequences that may arise from breaching the Act or its regulations.