Commonwealth Numbered Regulations

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.".