Commonwealth Numbered Regulations

1983 No. 38 CUSTOMS (CINEMATOGRAPH FILMS) REGULATIONS (AMENDMENT) - REG 2

2. After Part II of the Customs (Cinematograph Films) Regulations the
following Part is inserted:

"PART III-FILMS TO BE SCREENED BY APPROVED ORGANIZATIONS Interpretation
  "28. In this Part, unless the contrary intention appears-   'approved event'

means an event conducted by an approved organization, being        an event

approved by the Attorney-General for the purposes of this Part;   'approved
organization' means an organization approved by the Attorney-General for the
purposes of this Part;   'film to which this Part applies' means a film that

is intended to be screened        by an approved organization at an approved
event; 'subscription audience' means a group of persons attending an approved
event, being a group of persons each of whom has subscribed to the screening
of not less than 3 films to be screened at that event by the approved
organization conducting the event. Importation of certain films prohibited

"29. The importation of a film to which this Part applies is prohibited unless
a permission to import the film has been granted under this Part. Application
for permission to import a film

"30. An application for permission under this Part to import a film shall-
(a) be made by the importer of the film;   (b)  specify the organization by

which, and the event at which, it is intended        to screen the film;   (c)

be accompanied by a synopsis of the story depicted in the film; and   (d)  be
lodged with the Chief Censor. Permission to import films

"31. (1) Where an application is made for permission to import a film for
screening by an approved organization at an approved event, the Chief Censor
shall grant to the approved organization permission for the importation of the
film subject to the conditions specified in this regulation.

"(2) For the purposes of sub-regulation (1), the conditions to be complied
with by the holder of the permission are-   (a)  that the film is screened by

the organization, and at the approved event,        specified in the

permission and not otherwise;   (b)  that the film is screened not more than

twice in the course of the        approved event;   (c)  that the film is

exported, or delivered to the holder of a permission in        respect of the

film, within the period of 6 weeks after the conclusion of        the approved

event;   (d) that the film is not screened other than before a subscription
audience; and (e) that no person under the age of 18 years is admitted to a
screening of the film.

"(3) An approved organization that is the holder of a permission shall, as
soon as practicable after the film has been exported or delivered in pursuance
of paragraph 31 (2) (c), notify the Chief Censor of the fact. Approval of
organization and events

"32. (1) The Attorney-General may, by instrument in writing, approve
organizations and events for the purposes of this Part.

"(2) In determining whether to approve an organization or an event, the
Attorney-General shall have regard to-   (a)  the purposes for which the

organization was formed;   (b)  the extent to which the event is in keeping

with the purposes of the        organization;   (c)  the extent to which the

organization carries on activities of a cultural        or artistic nature;
(d) the reputation of the organization with respect to the screening of films;
(e) the conditions imposed by the organization with respect to the admission
of persons to the screening of films by the organization.

"(3) An approval under this regulation shall be published in the Gazette.
Revocation of approval

"33. The Attorney-General may revoke an approval given under regulation 32
in respect of an organization if-   (a)  the organization has failed to comply

with a condition subject to which a        permission to import a film was

granted, being a permission granted in        respect of a film to be screened

at an event conducted by the        organization; or   (b)  the

Attorney-General determines that, by reason of a change in the        matters

referred to in sub-regulation 32 (2), it is no longer appropriate        that
the organization be an approved organization. Review of decision of
Attorney-General
  "34. (1) Where the Attorney-General makes a decision-   (a)  refusing to

approve an organization or event under regulation 32; or   (b)  revoking an
approval under regulation 33, he shall, by notice in writing within 30 days
after the date of the decision, inform the organization to which the decision
relates of the decision.

"(2) An application may be made to the Administrative Appeals Tribunal for
review of a decision referred to in sub-regulation (1).

"(3) A notice referred to in sub-regulation (1) shall include a statement to
the effect that, subject to the Administrative Appeals Tribunal Act 1975,
application may be made to the Administrative Appeals Tribunal for review of
the decision to which the notice relates by or on behalf of a person whose
interests are affected by the decision.

"(4) A failure to comply with the requirements of sub-regulation (3) in
relation to a decision shall not be taken to affect the validity of the
decision.".