Customs (Prohibited Imports) Regulations (Amendment)

Overview

Statutory Rules 1938, No. 49, made under the Customs Act 1901-1936, amends the Customs (Prohibited Imports) Regulations to address concerns regarding the importation of literature deemed inappropriate. Enacted by the Administrator of the Government of the Commonwealth of Australia, with advice from the Federal Executive Council, this regulation was introduced to prevent the entry of literature that unduly emphasises matters of sex or crime or is likely to encourage depravity. The policy objective is to safeguard public morals by restricting the import of material that could be considered harmful or offensive. This legislative instrument, dated 25 May 1938 and published in the Commonwealth Gazette on 5 May 1938, builds upon previous amendments to the Customs (Prohibited Imports) Regulations to further regulate the importation of such literature.

Scope and Application

The Statutory Rules 1938, No. 49, issued under the Customs Act 1901-1936, extends the application of the Customs (Prohibited Imports) Regulations by amending the Second Schedule to include a new category of prohibited imports. Specifically, the amendment introduces a new item, 14a, which targets literature that the Minister deems to unduly emphasise matters of sex or crime, or that is calculated to encourage depravity. This regulation applies to all individuals and entities involved in the importation of goods into Australia, thereby impacting various industries and transactions related to the importation of literary materials. The regulation operates within the national jurisdiction of the Commonwealth of Australia and does not specify any exclusions, exemptions, or thresholds. The scope of application is further extended or restricted through subordinate instruments as necessary to adapt to changing circumstances or new concerns regarding the importation of such literature.

Key Provisions

The main operative sections of this Statutory Rule pertain to the amendment of the Customs (Prohibited Imports) Regulations, particularly as outlined in the Second Schedule of these Regulations (item 14a). This amendment introduces a new category of prohibited literature, which the Minister can assess based on its content, whether textual or pictorial. Specifically, literature that unduly emphasises matters of sex or crime, or that is calculated to encourage depravity, is now subject to prohibition (Section 14a). The obligations and requirements imposed by this amendment necessitate that importers and relevant authorities carefully scrutinise literature being brought into Australia. Importers must ensure that any literature they intend to bring into the country does not fall under the newly defined prohibited categories. Authorities, such as customs officers, are tasked with enforcing these regulations by assessing and potentially prohibiting the importation of any literature that meets the criteria outlined in Section 14a. The Minister’s discretion in determining whether literature falls under these categories is central to the enforcement of these provisions. The Statutory Rule also outlines potential consequences for breaches of the amended regulations. Importers who attempt to bring in literature that has been deemed prohibited under Section 14a could face legal repercussions. The Customs Act 1901-1936 provides for penalties for contraventions, including fines and potential imprisonment. While the specific penalties are not detailed in this Statutory Rule, they can be severe, reflecting the seriousness with which the prohibition of such literature is regarded. Additionally, any literature found to be in breach could be seized and destroyed by customs authorities to prevent its distribution within Australia.