Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) 1994 NO. 85

STATUTORY RULES 1994 No. 85

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

CUSTOMS ACT 1901

CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT)

Section 50 of the Customs Act 1901 provides that the Governor-General may by regulation, prohibit the importation of goods into Australia unless specified conditions or restrictions are complied with.

The Customs (Cinematograph Films) Regulations ('the Principal Regulations') provide for the establishment and powers of the Censorship Board and the Film and Literature Board of Review ('the Board of Review') and for the conditions subject to which a film for public exhibition and advertising matter for such films may be imported into Australia.

Regulation 5 of the Principal Regulations provides, in part, that the Censorship Board shall consist of the Chief Censor, the Deputy Chief Censor, the Senior Censor and not more than nine other members.

Regulation 39D provides that in addition to the powers and functions conferred by the Regulations on the Censorship Board, a Censor and the Board of Review, the Boards and Censors may also, in relation to the censorship and classification of films and publications, exercise powers and functions conferred on them under an arrangement under a law of a State, by a law of the Australian Capital Territory or under the law of another Territory as the Attorney-General directs.

It is pursuant to the provisions of Regulation 39D that the Censorship Board, a Censor and the Board of Review is authorised to perform classification functions for the States, the Australian Capital Territory and the Northern Territory.

The purpose of the Regulations is to enable the Censorship Board, the Censor and the Board of Review to undertake the additional function of classifying computer games and computer generated images in pursuance of powers conferred under State and Territory legislation. This follows the recent agreement of Commonwealth, State and Territory Ministers responsible for censorship matters to a classification scheme for computer games and computer generated images.

The Regulations also provide for a second office of Senior Censor and an increase in the maximum number of ordinary members of the Censorship Board from 9 to 11. These additional positions will ensure that the Censorship Board has sufficient members to deal with its additional workload.

Details of the Regulations are set out in the attachment.

ATTACHMENT

Details of the Regulations are as follows:

Regulation 1 provides that the Customs (Cinematograph Films) Regulations are amended as set out in the Regulations.

Regulation 2 amends the definitions of 'Censor', 'member of the Board' and 'the Senior Censor' in Regulation 4, consequent upon the creation of an additional office of Senior Censor. It also amends the definitions of 'the Board', 'the Board of Review', 'the Chief Censor' and 'the Deputy Chief Censor' to bring them into line with the current drafting style.

Regulation 3 amends Regulation 5 to make provision for an additional office of Senior Censor on the Censorship Board and to increase the maximum number of ordinary members of the Censorship Board from 9 to 11.

Regulation 4 makes an amendment to Regulation 6 consequent upon the creation of the new office of Senior Censor. Regulation 6 enables a person to be appointed to act where there is a vacancy in an office on the Censorship Board or where the holder of the office is absent from duty or unable to perform the duties of the office.

Regulation 5 amends Regulation 7A to allow for the Chief Censor to delegate his/her duties, powers and functions under the Regulations to the holder of the new Senior Censor office.

Regulation 6 amends Regulation 39D to enable the Censorship Board, a Censor and the Board of Review to classify computer games under powers conferred by a law of the Australian Capital Territory, by arrangement under a law of a State or under a law of another Territory as the Attorney-General directs.