CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 3 Exportation of objectionable goods
CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 3
Exportation of objectionable goods"authorised person" means a person appointed to be an authorised person under subregulation (3).
"computer game" means a computer program and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game.
"computer generated image" means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data
"film" includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced, but does not include a computer game.
"interactive game" means a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player.
"publication" means a book, paper, magazine, film, computer game or other written or pictorial matter.
"responsible Minister" means the Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995 .
"terrorist act" has the same meaning as in section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
Note: The definition of terrorist act in that section covers actions or threats of actions.
(2) This regulation applies to goods, including publications, that:
(a) describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that the goods should not be exported; or
(b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or
(d) promote, incite or instruct in matters of crime or violence; or
(e) promote or incite the misuse of a drug specified in Schedule 4 to the Customs (Prohibited Imports) Regulations; or
(f) advocate the doing of a terrorist act.
(2AA) Without limiting subregulation (2), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 .
(2A) For paragraph (2)(f), publications and any other goods advocate the doing of a terrorist act if they:
(a) directly or indirectly counsel, promote, encourage or urge the doing of a terrorist act; or
(b) directly or indirectly provide instructions on the doing of a terrorist act; or
(c) directly praise the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code ) that the person might suffer) to engage in a terrorist act.
(2B) For paragraph (2)(f), publications and any other goods do not advocate the doing of a terrorist act if they depict or describe a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(3) The responsible Minister may, by instrument, appoint a person holding or performing the duties of the office of Director or Deputy Director of the Classification Board established by section 45 of the Classification (Publications, Films and Computer Games) Act 1995 to be an authorised person for subregulation (4).
(4) The exportation of goods to which this regulation applies is prohibited unless:
(a) a written permission to export the goods has been given by the responsible Minister or an authorised person; or
(b) the goods are being exported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).
(5) In considering whether to give a permission, the responsible Minister or an authorised person must have regard to:
(a) the purposes for which the goods are to be exported; and
(b) the extent to which the person to whom a permission would be given conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and
(c) the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and
(d) the ability of that person to meet conditions that may be imposed under subregulation (6) in relation to the goods; and
(e) any other relevant matters.
(6) A permission may specify conditions with which the holder of the permission must comply.
(7) The responsible Minister or an authorised person may revoke a permission if the holder of the permission fails to comply with a condition imposed under subregulation (6).
(8) Application may be made to the Administrative Appeals Tribunal for review of a decision of the responsible Minister or an authorised person:
(a) refusing to give a permission; or
(b) giving a permission subject to conditions; or
(9) The responsible Minister may certify in writing that in his or her opinion it is in the public interest that a decision to give or refuse to give a permission should be made solely by the responsible Minister and should not be reviewable by the Administrative Appeals Tribunal.
(10) The responsible Minister must give a copy of a certificate under subregulation (9) to the person who sought the permission.
(11) A certificate must include a statement of the grounds on which the certificate is issued.
(12) While a certificate is in force in relation to a permission or a refusal of a permission, subregulation (8) does not apply to the permission or refusal.
(13) The responsible Minister must cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the certificate is issued.
(14) If the responsible Minister or an authorised person:
(a) refuses to give a permission to a person; or
(b) gives a permission to a person subject to conditions; or
(c) revokes a permission given to a person;
he or she must inform the person of the decision by written notice within 30 days after making the decision.
(15) Unless the responsible Minister has given a certificate under subregulation (9), a notice under subregulation (14) must include:
(a) a statement to the effect that application may be made to the Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision to which the notice relates; and
(b) unless subsection 28(4) of that Act applies--a statement to the effect that a person who is entitled to apply to the Tribunal for review of the decision may, under section 28 of that Act, request a statement that includes the reasons for the decision.
(16) A contravention of subregulation (15) in relation to
a decision does not affect the validity of the decision.