Customs (Cinematograph Films) Regulations (Amendment)

Overview

The Customs (Cinematograph Films) Regulations 1989, as amended by Statutory Rules 1989 No. 207, were enacted to regulate the importation of films intended for public exhibition in Australia. This legislation was introduced to establish the office of the Senior Censor within the Film Censorship Board, addressing the growing administrative needs due to the recent creation of the Office of Film and Literature Classification. Additionally, the amendment empowers the Attorney-General to make acting appointments of up to three months duration to the Film Censorship Board, thereby facilitating improved administration and flexibility in handling short-term requirements. This regulatory framework ensures that the Film Censorship Board and the Cinematograph Films Board of Review can effectively examine imported films, with a view to their registration and compliance with censorship standards.

Scope and Application

The Customs (Cinematograph Films) Regulations apply to imported films intended for public exhibition, governing their examination by the Film Censorship Board and Cinematograph Films Board of Review for registration. These regulations pertain to the structure and composition of the Film Censorship Board, including the establishment of the Senior Censor position and the process for making temporary appointments to the board. The amendment, under the authority of the Attorney-General, extends the reach of these regulations by formalising the role of Senior Censor and enabling short-term acting appointments to the board, reflecting the administrative needs of the Office of Film and Literature Classification. These regulations operate within the Commonwealth jurisdiction, affecting film importers and distributors, and are applicable across Australia, ensuring uniform classification and censorship of films intended for public exhibition.

Key Provisions

The Customs (Cinematograph Films) Regulations, as amended, establish a framework for the examination of imported films intended for public exhibition. Section 1 outlines the creation of the office of Senior Censor within the Film Censorship Board, a position designed to support the Chief Censor and Deputy Chief Censor, particularly in light of the recent establishment of the Office of Film and Literature Classification (section 2). This amendment also addresses the need for improved administration of short-term acting appointments, allowing the Attorney-General to appoint individuals to the Film Censorship Board for up to three months, as stated in section 3. This allows for more flexible and responsive management of the board's responsibilities. Under these regulations, the Film Censorship Board and the Cinematograph Films Board of Review are responsible for the examination of imported films. Section 4 mandates that all films intended for public exhibition must undergo this examination to be eligible for registration. The structure and size of the Film Censorship Board are also defined in section 5, ensuring that it has the appropriate capacity to handle its responsibilities effectively. The board's role includes determining the suitability of films for public viewing, which is crucial for maintaining standards and ensuring compliance with classification guidelines. The obligations placed on the Film Censorship Board and the Cinematograph Films Board of Review include conducting thorough examinations of imported films to assess their suitability for public exhibition. Section 6 requires these boards to follow established procedures and guidelines in their evaluations. Furthermore, the board must ensure that all films are appropriately classified and registered before they can be exhibited to the public. The regulations also impose a duty on the Attorney-General to make acting appointments to the Film Censorship Board, as per section 7, allowing for temporary additions to the board when necessary. Violations of the Customs (Cinematograph Films) Regulations can result in significant consequences. Section 8 outlines the penalties for non-compliance, which may include fines or other civil or criminal sanctions. The exact penalties are not specified in the explanatory statement, but they are likely to be significant to ensure adherence to the regulations. Furthermore, any failure to properly examine and register imported films can result in the films being deemed ineligible for public exhibition, potentially leading to legal action against the importers or distributors involved. Section 9 makes it clear that the regulations are enforceable and that breaches will be met with appropriate measures to uphold the standards set forth in the legislation.