CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 4A   IMPORTATION OF OBJECTIONABLE GOODS  

4A(1)    
In this regulation, unless the contrary intention appears:

authorised person
means a person appointed to be an authorised person under subregulation (2A).

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 any 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.

4A(1A)    
This regulation applies to publications and any other goods, 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 such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported; 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

(c) (Repealed by SLI No 209 of 2012)

(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; or

(f) advocate the doing of a terrorist act.

4A(1AA)    
Without limiting subregulation (1A), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 .

4A(1B)    
For paragraph (1A)(f), publications and any other goods advocate the doing of a terrorist act if they:

(a) directly or indirectly counsel 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 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.

4A(1B)    
(Omitted by SR No 160 of 1985.)

4A(1C)    
For paragraph (1A)(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.

4A(2)    

The importation of goods to which this regulation applies is prohibited unless a permission, in writing, to import the goods has been granted by the responsible Minister or an authorised person.

4A(2AA)    
In considering whether to grant a permission under subregulation (2), the responsible Minister or the authorised person is to have regard to:

(a) the purposes for which the goods are to be imported; and

(b) the extent to which the person to whom any permission to import the goods would be granted 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 (3) in relation to the goods; and

(e) any other relevant matters.

4A(2A)    
The responsible Minister may, by instrument in writing, appoint a person to be an authorised person for the purposes of subregulation (2).

4A(3)    
A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, reproduction, disposal, destruction or exportation of the goods, or with respect to accounting for the goods, as the responsible Minister or an authorised person thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.

4A(4)    
Application may be made to the Administrative Appeals Tribunal for review of a decision of the responsible Minister under subregulation (2):

(a) refusing to grant a permission; or

(b) granting a permission subject to conditions by the person to whom the permission was granted subject to conditions.

4A(5)    
The responsible Minister may certify in writing that in his or her opinion it is in the public interest that responsibility for a permission or a refusal of a permission specified in the certificate should reside solely with the responsible Minister and should not be reviewable by the Administrative Appeals Tribunal.

4A(6)    
The responsible Minister is to give a copy of a certificate to the person to whom permission was refused or given subject to conditions under subregulation (4).

4A(7)    
A certificate must include a statement of the grounds on which the certificate is issued.

4A(8)    
While a certificate is in force in relation to a permission or a refusal of a permission, subregulation (4) does not apply to that permission or refusal.

4A(9)    
The responsible Minister 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.

4A(10)    
Subject to subregulation (6), if the responsible Minister:

(a) refuses to grant a permission to a person; or

(b) grants a permission to a person subject to conditions;

he or she is to inform the person of the decision by notice in writing within 30 days after making the decision.

4A(11)    
A notice under subregulation (10) 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) 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 the reasons for the decision.

4A(12)    
A contravention of subregulation (11) in relation to a decision does not affect the validity of the decision.