CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) 1990 NO. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) 1990 NO. 40 - TABLE OF PROVISIONS 1. Principal Regulations 2. 3. Registration may be subject to conditions and to the giving of security 4. Reconstruction of films where application is made by the importer 5. Examination before censorship 6. Advertising matter 7. Notice of certain decisions of Attorney-General 8. Applications to the Board of Review 9. 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Customs (Cinematograph Films) Regulations. 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 2 2. Regulations 9 and 10 of the Principal Regulations are repealed and the following regulations substituted: Importation of films and advertising matter prohibited "9. The importation of a film, other than a film to which Part III applies, or advertising matter, into Australia is prohibited unless: (a) the film complies with the conditions specified in regulation 10; or (b) the advertising matter complies with the conditions specified in regulation 10A; or (c) permission to import the film or advertising matter has been granted under regulation 10B. Importation of films subject to conditions "10. The importation into Australia of a film is subject to the following conditions: (a) that an application for the registration of the film is made within 120 days of the importation; (b) if registration of the film is not granted-that another application for registration of that film, other than an application under subregulation 22 (4), will not be made before the end of 2 years after the day on which the application for registration was made; (c) that the film will not be exhibited in a form other than the form in which the film is registered; (d) that the film will not be exhibited under a title other than the title under which it is registered. Importation of advertising matter subject to conditions "10A. The importation into Australia of advertising matter is subject to the following conditions: (a) that the advertising matter will not be used in any form other than the form in which it is passed; (b) that the advertising matter will be used without any addition or comment. Permission to import films or advertising matter "10B. (1) The Chief Censor may, on application, grant permission in writing for the importation of a film or advertising matter. "(2) Permission granted under subregulation (1): (a) must be in writing; and (b) in the case of a film-may specify: (i) a condition that is specified in regulation 10; and (ii) a condition or requirement with respect to the possession, control, exhibition, use, disposal or exportation from Australia of the film; to be complied with by the person to whom permission is granted; and (c) in the case of advertising matter-may specify: (i) a condition that is specified in regulation 10A; and (ii) a condition or requirement with respect to the possession, control, exhibition, use, disposal or exportation from Australia of the advertising matter; to be complied with by the person to whom permission is granted; and (d) in respect of a condition or requirement referred to in paragraph (b) or (c)-may specify the time, being a time either before or after the importation, within which the condition or requirement is to be complied with by the person to whom permission is granted.". 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 3 Registration may be subject to conditions and to the giving of security 3. Regulation 19 of the Principal Regulations is amended: (a) by omitting from paragraph (a) "and" and substituting "or"; (b) by omitting subparagraphs (b) (i) and (ii); (c) by adding at the end the following word and paragraph: "; or (c) both subject to the conditions referred to in paragraphs (a) and (b) and the giving of that security". 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 4 Reconstruction of films where application is made by the importer 4. Regulation 22 of the Principal Regulations is amended by omitting from subregulation (5) "upon the importer giving" and substituting "and may require the importer to deposit". 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 5 Examination before censorship 5. Regulation 24 of the Principal Regulations is amended by inserting in subregulation (1) ", and may grant approval" after "positive film from the film". 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 6 Advertising matter 6. Regulation 26 of the Principal Regulations is amended: (a) by omitting from subregulation (3) "thinks fit, pass, amend" and substituting "or the member thinks fit, pass, either with or without amendment,"; (b) by omitting all the words from and including "following conditions:" and substituting "conditions referred to in paragraph 10B (2) (c)". 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 7 Notice of certain decisions of Attorney-General 7. Regulation 34 of the Principal Regulations is amended by omitting subregulations (2), (3) and (4). 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 8 Applications to the Board of Review 8. Regulation 39 of the Principal Regulations is amended: (a) by inserting in subregulation (1) "or a Censor, other than the Chief Censor under subregulation 22 (5) or 24 (1)," after "Censorship Board" (first occurring); (b) by inserting in subregulation (1) "or the Censor" after "Censorship Board" (second occurring); (c) by inserting in subregulation (2) "or the Censor" after "Censorship Board"; (d) by omitting from subregulation 39 (2) "the Chairman of". 1990 No. 40 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 9 9. After regulation 40 of the Principal Regulations the following regulations are inserted: Review of directions of Attorney-General "40A. (1) If the Attorney-General gives a direction under subregulation 40 (2), he or she must inform, by notice in writing, the importer of the film or advertising matter to which the direction relates. "(2) The Attorney-General may certify in writing that in his or her opinion it is in the public interest that responsibility for a direction specified in the certificate should reside solely with the Attorney-General and should not be reviewable by the Administrative Appeals Tribunal. "(3) A certificate must include a statement of the grounds on which the certificate is issued. "(4) The Attorney-General is to give a copy of a certificate to the person to whom notice of the giving of a direction is required to be given under subregulation (1). "(5) The Attorney-General is to 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. Review by Tribunal "40B. (1) In this regulation: 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975. "(2) Application may be made to the Administrative Appeals Tribunal for review of a decision of: (a) the Chief Censor under subregulation 22 (5) or 24 (1); or (b) the Collector under paragraph 19 (b) or (c) or subregulation 22 (5), 24 (1) or 26 (4); or (c) the Attorney-General under regulation 34 or subregulation 40 (2). "(3) While a certificate under subregulation 40A (2) is in force in relation to a direction, paragraph (2) (c) does not apply to the direction. "(4) If a decision of a kind to which subregulation (2) applies is made and a notice in writing of the decision is given to a person subregulation 40A (4),affected by the decision, the notice 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; and (b) except where 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 reasons for the decision. "(5) A contravention of subregulation (4) in relation to a decision does not affect the validity of the decision.". - NOTES 1990 No. 40*1* CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 27 February 1990. *2* Statutory Rules 1956 No. 94 as amended by 1958 No. 68; 1961 No. 48; 1963 No. 79; 1967 No. 144; 1970 Nos. 69 and 190; 1972 No. 98; 1973 No. 163; 1974 No. 189; 1975 No. 59; 1979 Nos. 17 and 185; 1983 Nos. 38 and 332; 1984 No. 103; 1985 No. 105; 1989 No. 207.