EXPLANATORY STATEMENT
Statutory Rules 1983 No. 331
Customs (Prohibited Imports) Regulations
(Issued under the authority of the Attorney-General)
The purpose of the accompanying amendments to the Customs (Prohibited Imports) Regulations is to bring Commonwealth censorship legislation into line with the Government’s policy that adults be entitled to read, hear and see what they wish in private and in public, subject to adequate provisions preventing persons being exposed to unsolicited material offensive to them and preventing conduct exploiting, or detrimental to the interests of children.
Regulation 1 provides that the amendments are to come into operation on 1 February 1984.
Regulation 2 defines the Customs (Prohibited Imports) Regulations as the principal regulations for the purposes of these amendments.
Sub-regulation 3(a) repeals sub-regulation 4A(1) and replaces it with a new sub-regulation.
“Film” is defined for the purposes of the regulation in the same broad terms as are used in the Customs (Cinematograph Films) Regulations. A “publication” is defined in similarly broad terms and includes film (sub-regulation 4A(1)).
The regulation applies to goods other than film registered under the Customs (Cinematograph Films) Regulations.
The Attorney-General and persons authorized by him are required to form an opinion whether goods fall within the regulation.
The criteria to be applied in the case of publications (sub-regulation 4A(1A)(a)) are whether the publication:
• contains pictorial child pornography;
• incites terrorism; or
• contains extreme pictorial violence, particularly sexual violence.
The criteria to be applied in the case of goods (sub-regulation 4A(1A) (b)) are whether the item:
• is so offensive that it should not be allowed to be imported; or
• depicts child pornography.
Care has been taken to emphasize the need to form opinions with the views of reasonable adult persons in mind.
A new sub-regulation 4A(1B) empowers the Attorney-General to appoint authorized persons for the purposes of sub-regulation 4A(1A).
Sub-regulation 3(b) amends existing sub-regulation 4A(3) to empower the Attorney-General to place conditions on the exportation of goods prohibited under Regulation 4A which have been imported with his special permission.
Regulation 4 omits Items 18A, 20 and 21 of the Second Schedule, thus consolidating all censorship powers under the Regulations in Regulation 4A.