Customs (Literature Censorship) Regulations (Amendment)

Overview

The Statutory Rules 1960 No. 50, made under the Customs Act 1901-1959, were enacted to amend the Customs (Literature Censorship) Regulations, addressing gaps in the existing framework for literature censorship at the Australian border. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the need for an updated and more structured approach to literature censorship. The policy objective of these Regulations is to establish a more formal and accountable process for reviewing literature that may be deemed blasphemous, indecent, or obscene by establishing the Literature Censorship Appeal Board, which would replace the previously existing role of the Appeal Censor. This change aims to ensure a more comprehensive and fair review process for literature that may be subject to censorship under Australian customs laws.

Scope and Application

These regulations under the Customs Act 1901-1959 pertain specifically to the Customs (Literature Censorship) Regulations, establishing a framework for the censorship of literature imported into Australia. They apply to the individuals and entities responsible for importing literature into the country, including publishers, distributors, and importers. The regulations establish the Literature Censorship Appeal Board, which is tasked with reviewing literature and determining whether it is blasphemous, indecent, or obscene. This board consists of a chairman and two other members appointed by the Governor-General, who serve for a specified term and can be removed from office under certain conditions. The board's decisions are made by majority vote, with the chairman having a casting vote in the event of a tie. The regulations also provide for the appointment of deputies, remuneration for board members, and immunity from legal action for their actions in office. The amendments update the nomenclature from "Appeal Censor" to "Appeal Board," reflecting changes in the structure and composition of the censorship review process. These regulations apply nationally, across the Commonwealth of Australia, and are enforceable by the customs authorities.

Key Provisions

The primary operative sections of these Regulations pertain to the establishment and functioning of the Literature Censorship Appeal Board. Regulation 2 adds a definition for "the Appeal Board" to clarify who is responsible for the appeal process (Reg. 1). Regulation 5 replaces the previous regulation regarding the constitution of the Appeal Board, now stating that it shall consist of a Chairman and two other members appointed by the Governor-General (Reg. 5). Regulation 12 revises the role of the Appeal Board to review literature and determine whether it is blasphemous, indecent, or obscene (Reg. 12). Regulation 13 introduces rules governing the meetings of the Appeal Board, including quorum requirements, voting procedures, and the role of the Chairman in case of a tie (Reg. 13). The Regulations impose several obligations on the parties involved. The Governor-General is responsible for appointing the members of the Appeal Board (Reg. 5). The Appeal Board must review any literature submitted to it and determine whether it meets the criteria for being deemed blasphemous, indecent, or obscene (Reg. 12). Meetings of the Appeal Board must adhere to the quorum requirements, voting procedures, and the role of the Chairman as outlined in the Regulations (Reg. 13). The members of the Board and the Appeal Board are granted immunity from lawsuits arising from their actions under these Regulations (Reg. 11). Breach of these Regulations may lead to various civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed in the provided text. Typically, breaches of regulations under the Customs Act 1901-1959 could result in fines, imprisonment, or other penalties as prescribed by the relevant legislation. The maximum penalties would depend on the specific nature of the breach and any applicable laws at the time of the offence.