Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Statutory Rules 1967 No. 178, made under the Customs Act 1901-1967, were enacted to amend the Customs (Prohibited Imports) Regulations, addressing the need to update the criteria for goods that are prohibited from importation on the basis of being blasphemous, indecent, obscene, or otherwise likely to encourage depravity. These regulations were introduced by the Federal Government and came into operation on the first day of January 1968. The primary objective of these amendments was to refine the process by which such prohibited goods are identified, by replacing the role of the Chairman of the Literature Censorship Board with that of the Chairman or Acting Chairman of the National Literature Board of Review. This change aimed to streamline the review process and ensure consistency in the application of the law concerning prohibited imports.

Scope and Application

These regulations, made under the Customs Act 1901-1967, specifically amend the Customs (Prohibited Imports) Regulations to update the criteria for prohibited imports, effective from January 1, 1968. The amendments apply to goods that are deemed blasphemous, indecent, obscene, or that unduly emphasise matters of sex, horror, violence, or crime, or are likely to encourage depravity. Additionally, this regulation extends to advertising matter relating to such goods. Notably, the regulations replace the previous reference to the Chairman of the Literature Censorship Board with the Chairman or Acting Chairman of the National Literature Board of Review, thereby reflecting a change in the administrative body responsible for enforcing these prohibitions. The Second Schedule is also amended by removing item 22, further refining the scope of prohibited imports. These regulations govern the importation of goods into Australia, thereby impacting importers, exporters, and the general public by regulating the types of goods that can be brought into the country, with the changes primarily affecting those involved in the import and export of literature and associated advertising materials.

Key Provisions

The main operative sections of this legislation (Statutory Rules 1967 No. 178) pertain to the amendment of the Customs (Prohibited Imports) Regulations. Specifically, section 2 of the Statutory Rules modifies regulation 4a of the Customs (Prohibited Imports) Regulations to address the importation of goods deemed blasphemous, indecent, obscene, or likely to encourage depravity. The amendment redefines the scope of goods that fall under this regulation and changes the authority responsible for reviewing such goods from the Chairman of the Literature Censorship Board to the Chairman or Acting Chairman of the National Literature Board of Review. Furthermore, section 3 of the Statutory Rules removes item 22 from the Second Schedule of the Customs (Prohibited Imports) Regulations. The obligations and requirements imposed by these regulations are primarily concerned with the importation of goods that are considered inappropriate or harmful based on their content. Importers and relevant authorities must ensure that goods which are blasphemous, indecent, obscene, or likely to encourage depravity are identified and reviewed by the appropriate authority, now the Chairman or Acting Chairman of the National Literature Board of Review. This includes any advertising matter relating to such goods. The regulations aim to control the entry of these goods into the country and to enforce standards of decency and morality. There are no explicit mentions of offences, penalties, or civil/criminal consequences for breach in the provided text of the Statutory Rules 1967 No. 178. However, given the nature of the regulations, it is reasonable to infer that breaches involving the importation of prohibited goods could lead to legal consequences, including but not limited to fines, seizure of goods, and potential legal action against the importers or individuals responsible for the breach. The exact penalties would depend on the broader context of the Customs Act 1901-1967 and any related legislation.