Customs (Prohibited Imports) Regulations (Amendment)

Overview

The Customs (Prohibited Imports) Regulations 1983 were amended to align with the Government’s policy that adults should have the freedom to access various forms of media, provided that adequate measures are in place to protect individuals from unsolicited offensive material and prevent exploitation or harm to children. The amendments were enacted to address gaps in existing censorship legislation by establishing clearer criteria for determining which publications and goods should be prohibited from import. These criteria include the presence of child pornography, incitement of terrorism, extreme violence, particularly sexual violence, and items that are deemed excessively offensive or depict child pornography. The Attorney-General and authorised persons are tasked with forming opinions on the acceptability of these materials, taking into account the perspectives of reasonable adults. The amendments were issued under the authority of the Attorney-General and came into effect on 1 February 1984, consolidating censorship powers under Regulation 4A.

Scope and Application

The Customs (Prohibited Imports) Regulations, as amended, apply to goods entering Australia other than those regulated under the Customs (Cinematograph Films) Regulations, specifically targeting publications and other goods that may contain prohibited content. The regulation governs the importation of items that could be deemed offensive or harmful, particularly those involving child pornography, incitement to terrorism, extreme violence, and content that is excessively offensive. The Attorney-General, along with authorized persons, is responsible for assessing whether imported goods fall under the purview of these regulations. This involves evaluating publications and other goods against specific criteria, such as the presence of pictorial child pornography, incitement to terrorism, or extreme violence, including sexual violence, as well as assessing whether items are offensive or depict child pornography. The regulation ensures that opinions on these matters are formed with the perspective of reasonable adult persons in mind, thereby aiming to balance censorship with the rights of adults to access certain materials. Additionally, the Attorney-General has the authority to appoint authorized persons to assist in this assessment and can impose conditions on the exportation of goods that have been imported with special permission. The amendments consolidate censorship powers under Regulation 4A, streamlining the regulatory framework.

Key Provisions

The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1983 No. 331, provide detailed guidelines on what constitutes prohibited imports under the Customs Act. Regulation 1 states that these amendments will take effect from 1 February 1984, and Regulation 2 clarifies that these amendments apply as the principal regulations for the purposes of these changes. Under sub-regulation 3(a), a new sub-regulation 4A(1) replaces the old sub-regulation 4A(1), redefining "film" and "publication" to include any material that could be subject to censorship, with film defined in similar terms as used in the Customs (Cinematograph Films) Regulations. This regulation applies to goods other than film registered under the Customs (Cinematograph Films) Regulations, and it is the responsibility of the Attorney-General and authorised persons to determine whether specific goods fall within the regulation. The criteria for determining whether a publication or good is prohibited under the Customs (Prohibited Imports) Regulations are outlined in sub-regulation 4A(1A). For publications, the criteria include whether the material contains pictorial child pornography, incites terrorism, or contains extreme pictorial violence, particularly sexual violence. For goods, the criteria are whether the item is so offensive that it should not be allowed to be imported, or whether it depicts child pornography. These criteria are to be applied with the views of reasonable adult persons in mind. Sub-regulation 4A(1B) empowers the Attorney-General to appoint authorised persons to assist in making these determinations. The obligations imposed by these regulations are primarily on the Attorney-General and authorised persons to form opinions on whether specific goods fall within the prohibited category. They must consider the criteria set out in sub-regulation 4A(1A) and make decisions based on the views of reasonable adult persons. Additionally, sub-regulation 3(b) amends existing sub-regulation 4A(3) to empower the Attorney-General to place conditions on the exportation of goods that have been imported with special permission but are nonetheless prohibited under Regulation 4A. This ensures that even if goods are initially allowed entry, they can be subject to restrictions on their subsequent export. The consequences for breach of these regulations are significant. The Act does not explicitly outline specific penalties, but breaches of customs regulations can lead to substantial fines and imprisonment under the Customs Act 1901. The severity of the penalties will depend on the nature and extent of the breach, with more severe offences potentially resulting in longer prison sentences and higher fines. Additionally, individuals or entities found in breach of these regulations may face civil actions, including compensation claims from those adversely affected by the importation of prohibited goods.