Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Customs (Cinematograph Films) Regulations, amended in 1984, were enacted to regulate the examination and classification of imported films by the Censorship Board and the Cinematograph Films Board of Review, facilitating their registration for exhibition. The amendment to these regulations, issued under the authority of the Attorney-General, addresses the need to increase the number of members on the Censorship Board from seven to a maximum of ten to accommodate the additional duties arising from the classification of videotapes, videodiscs, and films for sale and hire under the A.C.T. Classification of Publications (Amendment) Ordinance 1984. This change was prompted by an agreement among Commonwealth/State Ministers responsible for censorship to adopt the Ordinance as model legislation for a national videotape classification system, thus enhancing the capacity of the Censorship Board to meet these expanded responsibilities.

Scope and Application

The Customs (Cinematograph Films) Regulations, as amended by Statutory Rules 1984 No. 103, pertain to the examination of imported film by the Censorship Board and the Cinematograph Films Board of Review, with a view to their registration for exhibition. These regulations establish the composition of the Censorship Board, which is responsible for classifying videotapes, videodiscs, and films for sale and hire. The amendment to the regulations, necessitated by the decision of Commonwealth/State Ministers with responsibility for censorship, increases the size of the Censorship Board from 7 to a maximum of 10 members. This change aims to accommodate the additional duties resulting from the agreement that the Censorship Board will classify media under the terms of the A.C.T. Classification of Publications (Amendment) Ordinance 1984, which serves as model legislation for a national videotape classification system. The regulations apply throughout the Commonwealth and are subject to any modifications or extensions through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The Customs (Cinematograph Films) Regulations (sections 2 to 4) set forth the procedural framework for the examination and classification of imported films by the Censorship Board, as well as the Cinematograph Films Board of Review. These regulations establish the authority and responsibilities of the Censorship Board, which is tasked with ensuring that films are suitable for exhibition in Australia. The Board is responsible for classifying films, videotapes, and videodiscs for sale and hire in accordance with the A.C.T. Classification of Publications (Amendment) Ordinance 1984, which serves as a model for a national videotape classification system. The amendment to these regulations increases the number of members on the Censorship Board from seven to a maximum of ten, reflecting the expanded scope of their duties. The Customs (Cinematograph Films) Regulations impose specific obligations on the Censorship Board and the Cinematograph Films Board of Review. The Board must rigorously assess imported films and other audiovisual materials to determine their suitability for exhibition and sale. This involves evaluating the content of the films to ensure compliance with the classification criteria set out in the A.C.T. Classification of Publications (Amendment) Ordinance 1984. The Board must also ensure that any films that are deemed suitable are registered for exhibition. Additionally, the amendment necessitates that the Board members are appointed in accordance with the updated membership provisions, ensuring that the Board has the necessary expertise and diversity to carry out its functions effectively. Breaches of the Customs (Cinematograph Films) Regulations can lead to various consequences, including civil and criminal penalties. For instance, if the Censorship Board fails to properly classify a film, or if a film is exhibited without the required classification, this could result in legal action. The maximum penalties for contravening these regulations may include fines and, in more serious cases, imprisonment. The exact penalties are determined by the severity of the breach and are in line with the broader legislative framework governing film classification and censorship in Australia. It is essential for all parties involved in the importation and exhibition of films to adhere strictly to the provisions of these regulations to avoid facing these consequences.