The Comptroller-General of Customs has submitted to me the following minute for advice:

In view of doubts which are held as to the validity of certain sections of the Customs (Cinematograph Films) Regulations 1919 (copy attached), it is suggested that the Attorney-General's Department be requested to favour the Censorship with early advice on the following points:

1. Clause 11 (and corresponding undertaking in Form 1 of the Schedule): Approved films are duty paid, and then enter into 'home consumption' as they are publicly exhibited. What action, if any, can be taken against-
1. the importer;
2. the party hiring the film from the importer; or
3. a party purchasing the film outright,

for changing its name or making any other alteration without the Censorship's consent?

2. Clause 17-re advertising matter: Similar points are raised.
3. Clauses 13, 14, and 16 (b) and (c): Are not the powers of revoking or revising films after they have been released from Customs control for public exhibition ultra vires the Customs Act?

The above-mentioned powers are deemed essential to the proper conduct of the censorship of films by the Commonwealth. If it be found that they are invalid, advice would be appreciated as to what steps would be necessary to provide the Censorship with the requisite authority.

I do not think that a film which has been passed by the Censor and released from Customs control can afterwards become a prohibited import by reason of alterations effected or additions made in Australia.

I am of opinion, however, that where an importer has given the undertaking contained in Form 1 in consideration of the registration of a film and its release from Customs, he is liable for breach of his undertaking and his security may be forfeited.

There does not appear to be any remedy available against a person hiring or purchasing a film from the importer, in respect of any alterations made in the film subsequent to its release from Customs.

The above considerations apply also to advertising matter.

So far as regulations 13, 14 and 16 authorise the revocation of registration of films which have been cleared from Customs and thereby rendering those goods prohibited imports, I am of opinion that the regulations cannot be supported.

Once goods have been released from Customs, authority to deal with those goods under the Customs Act is at an end.

[Vol. 18, p. 84]