Customs (Literature Censorship) Regulations

Overview

The Customs (Literature Censorship) Regulations 1937 were enacted under the authority of the Customs Act 1901-1936, providing a legislative framework for the censorship of literature imported into Australia. These regulations were designed to address the gap in existing customs laws by establishing a mechanism to review and potentially prohibit the importation of literature deemed blasphemous, indecent, or obscene. The enacting body was the Governor-General, acting on the advice of the Federal Executive Council, which underscores the federal nature of this regulatory initiative. The policy objective was to control the importation of material that could be considered harmful to public morals or decency, thereby extending the regulatory scope of the Customs Act to include literary content. This legislative instrument thus established the Literature Censorship Board and an Appeal Censor to oversee the assessment and review processes for imported literature.

Scope and Application

The Customs (Literature Censorship) Regulations were made under the Customs Act 1901-1936, with the aim of establishing a framework for the censorship of literature imported into Australia. These Regulations apply to the import of literature and the decisions of the Literature Censorship Board, which is constituted under these Regulations. The Board's purpose is to determine whether imported literature is blasphemous, indecent, or obscene as defined by section 52(c) of the Act. The Board consists of three members, including a Chairman and two other members, appointed by the Governor-General, as well as an Appeal Censor also appointed by the Governor-General. The scope of these Regulations is national, as they extend across the Commonwealth of Australia. These Regulations do not explicitly provide for exclusions, exemptions, or thresholds, but they do allow for the appointment of deputies and the submission of applications for review by the Appeal Censor, indicating that there are mechanisms for extending or restricting application through subordinate instruments. Members of the Board and the Appeal Censor are not subject to legal action for their actions or omissions in connection with their duties.

Key Provisions

The Customs (Literature Censorship) Regulations, which were made under the Customs Act 1901-1936, establish a framework for the censorship of imported literature. These Regulations set up a Literature Censorship Board (section 3) to determine if imported literature is blasphemous, indecent, or obscene (section 52 (c) of the Act). The Board comprises three members, including a Chairman, appointed by the Governor-General (section 4). An Appeal Censor, also appointed by the Governor-General, can review decisions made by the Board (section 5). Members of the Board and the Appeal Censor can serve for up to three years and are eligible for re-appointment (section 6). They can be removed from office for misbehaviour or incapacity (section 8), and the Governor-General can appoint deputies in case of absence or illness (section 9). The Board requires a quorum of two members to conduct business, with decisions made by majority vote and the Chairman having a deliberative and casting vote in case of a tie (section 10). The Regulations impose several obligations on the parties involved. The Board must determine if literature is blasphemous, indecent, or obscene (section 3). Importers of literature deemed problematic by the Board must apply to the Minister or Comptroller-General for the literature to be reviewed by the Appeal Censor (section 12(1)). This application must be made within fourteen days of being notified of the Board’s opinion, accompanied by a written statement of the grounds for review and a fee of Ten shillings (section 12(2) and (3)). The Appeal Censor then reviews the literature and decides if it falls under the prohibition of section 52 (c) of the Act (section 12(4)). The Board and its members are protected from legal action related to their duties (section 11). The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the actions of the Board and the Appeal Censor are critical in determining whether literature is subject to censorship. The failure to follow the prescribed procedures for review, such as missing the application deadline for the Appeal Censor, might result in the literature being subject to customs restrictions without further recourse. The primary consequence of a finding of blasphemous, indecent, or obscene literature is its prohibition under section 52 (c) of the Customs Act 1901-1936, which could mean the literature is not imported or is subject to other customs measures.