EXPLANATORY STATEMENT
Statutory Rules 1984 No. 102
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 better define materials that will be deemed prohibited imports.
The Customs (Prohibited Imports) Regulations govern the importation of a wide range of goods. Regulation 4A, which applies to goods that are likely to be offensive, provides authority for Commonwealth censorship functions other than censorship of films for public exhibition.
The amendments are in line with agreement reached by Commonwealth/State Ministers with responsibility for censorship as follows:
- to better define materials containing violence or cruelty which will be prohibited;
- to allow the prohibition of certain materials which contain depictions of bestiality;
- to allow the prohibition of certain materials which incite or promote the misuse of specified drugs.
The amendment does not alter the existing regulations which allow the prohibition of materials which contain depictions of children in a manner likely to cause offence and materials which incite or promote terrorism.
The amendment provides for a new paragraph 4A(1A)(a) which will allow the prohibition of the following classes of goods:
(i) material which depicts a child who is or who is apparently under the age of 16 years in a manner that is likely to cause offence to a reasonable person;
(ii) material which depicts bestiality in a manner likely to cause offence to a reasonable adult person;
(iii) material which depicts acts of considerable violence or cruelty against a non-consenting person;
(iv) material that promotes or incites terrorism;
(v) material that promotes or incites the misuse of a drug specified in the Fourth Schedule to the Regulations.