PICTURE THEATRES AND FILMS

479 PICTURE THEATRES AND FILMS PRELIMINARY NOTE Censorship of Films Act of 1947 Picture Theatres and Films Acts, 1946 to 1961 485 485 CENSORSHIP OF FILMS ACT of 1947 12 Geo. 6 No.3 1- PRELIMINARY 1. (I) Short title (2) Commencement of Act 2. Interpretation of Act 3. Parts of Act 4. Meaning of terms II-ADMINISTRATION OF ACT 5. Operation of Part 6. Administration of Act 7. Censor.. 8. Deputy for Censor 9. Salary of Censor and his deputy 10. Appointment of Censor and deputy 11. Officers.. 12. Termination of appointments 13. Delegation of his powers by the Censor III-CENSORSHIP OF FILMS 14. When film not to be exhibited unless approved by Censor 490 15. Applications for approval 490 16. Power to require picture to be exhibited for inspection.. 490 17. (I) Powers of Censor 491 (2) No approval in certain cases 491 (3) When approval not to be refused 491 18. (I) Certificate of approval 491 (2) Certificate of refusal 491 19. (I) Approval of advertisements 492 (2) Offence 492 (3) Powers of Censor 492 (4) Censor shall have regard to s. 17 (2) 492 (5) Applicant to submit particulars, etc., of advertisement 492 20. (I) Matters to be contained in advertisement 492 (2) Offence 493 21. Reproduction of whole or part of unapproved film prohibited 493 22. (1) Film to be exhibited as approved by Censor.. 493 (2) Reproduction of certificate of approval to be projected 493 23. Certain films not to be exhibited during daytime on Saturdays and school holidays 493 24. Power to require security for fulfilment of conditions 494 25. (1) Revocation of certificate of approval.. 494 (2) Censor may order withdrawal of film from exhibition 494 (3) Offence 494 26. Censor may retain film and advertisements when approval refused 494

480 PICTURE THEATRES AND FILMS Vol. 13 Censorship of Films Act of 1947-continued 27. (I) Appeals from decision of Censor 494 (2) Procedure.. 494 (3) Fees (4) If requirements.. regarding appeal complied with 494 Censor to advise Minister, etc. 495 (5) Hearing of appeal 495 (6) Any film or copy of any advertisement may be required to be screened or submitted (7) Appellant may be present 495 495 (8) Powers on appeal 495 (9) Decision final 495 28. (1) Reconstruction of a film.. 495 (2) Application to be accompanied by a plan 495 (3) Powers of Censor 496 (4) Certificate of reconstruction of film 496 29. Registration of distributors and exhibitors 496 30. Powers of entry 496 31. Police to assist 496 32. (1) Penalties 496 (2) When film may be ordered to be forfeited (3) Summary prosecution 496 497 (4) [Minimum penalty] 497 33. Evidence 497 34. Regulations 497 Publication When may be made 497 497 To be laid before Parliament 498 35. Fees. Schedule 498 36. Application of fees and penalties 498 IV-AGREEMENT WITH COMMONWEALTH FOR ADMINIS TRATION OF ACT 37. Power to arrange with Commonwealth SCH EDU LE-Fees in respect of films 498 499 PICTURE THEATRES AND FILMS ACTS, 1946 to 1961 I-PRELIMINARY 1. (1) Short title (2) Commencement of Act 2. Parts of Act 3. Repeals and savings.. 4. Definitions 500 500 500 501 501 H-CONSTlTUTlON AND FUNCTIONS OF THE PICTURE THEATRES AND FILMS COMMISSION 5. (I) Picture Theatres and Films Commission (2) Appointment of members of Commission Remuneration of members (3) Disqualification (4) Appointment of deputy in case of illness, etc., of member.. (5) Conduct of meetings, etc. (Sa) Validity of business transacted by Commission (6) Secretary to Commission (7) Investigations by Commission.. (8) Commission to have powers, etc., of a commission under 1 Geo. 5 No. 26 (9) Appearances before Commission 502 502 502

PICTURE THEATRES AND FILMS 481 Picture Theatres and Films Acts, 1946 to 1961--continucd III-INVESTIGATION AND DETERMINATION OF APPLICA TIONS FOR THE ESTABLISHMENT OF NEW AND/OR ADDITIONAL PICTURE THEATRES 6. (I) Use of new picture theatres to be determined by Commission 504 (2) Films not to be exhibited in unlicensed premises 504 (3) Licenses obtained prior to introduction of Bill for this Act.. 505 7. Application for determination of Commission 506 Notice to be served on Local Authority 506 8. (I) Definition of words" the closing date for objections" 507 (2) Objections to application 507 (3) Grounds of objection 507 (4) Valid objection 507 (5) If no objection made Commission to determine application.. 507 (6) (a) If objection made notice of objection to be given applicant 507 (b) Form of notice 507 (c) Applicant to furnish statement in relation to notice of objection 501 (d) Commission to determine application 508 (6A) Amendment of applications, etc. 508 (7) Matters to which Commission shall have regard in determining objection.. 508 (8) Time for lodging of application and powers of Commission where more than one application received.. 508 (9) (a) Notice of determination to be published in Gazette 509 (b) Notice of determination to be served on applicant and Local Authority 509 (10) [Repealed] (II) Picture theatre to be brought into use on or before date fixed by Commission 509 (12) Determination may be made subject to conditions.. 510 (13) Definition of term" applicant" 510 (14) Suspension or cancellation of determination upon default.. 510 8A. (1)-(4) [Disclosures to be made by applicant for the determination of the Commission] 511 (5) [When Commission may refuse application].. 511 (6) [In whom benefit shall vest]...... 512 (7)-(9) [Assignment of benefit] 512 (10) [Commission may impose terms and conditions] 512 8AA. Temporary use of premises as picture theatre.. 512 8B. Increased seating capacity.. 514 8e. New theatre to provide better accommodation.. 514 80. Appeal against determination on question of law only 515 9. Licensing powers of Local Authority 516 9A. Exemptions from Part III.. 516 IV-RIGHT OF EXHIBITOR TO REJECT FILMS 10. (I) Twenty-five per cent. right of rejection 517 (2) Separate rights of rejection where one contract for more than one picture theatre 511 (3) Fraction not less than one-half deemed to be whole number.. 511 11. (I) Notice to be given when film available for exhibition 517 (2) Notice of rejection to be given.. 517 12. (1) Right of rejection not to apply in certain cases 518 (2) Right of rejection in respect of contracts entered into before and after 16th October 1941 518 (3) [Operation of Part] 518 13. Definitions for purposes of this Part 518 16

482 PICTURE THEATRES AND FILMS Vol. 13 Picture Theatres and Films Acts, 1946 to 1961---<ontinued V-STANDARD FORM OF CONTRACT IN RELATION TO THE HIRING OF FILMS 14. (1) Standard form of contract 519 (2) Governor in Council may prescribe standard form of contract.......... 519 (3) Standard form of contract to be notified in Gazette.. 519 (4) Standard form to apply to existing contracts.. 519 15. (1) Variation, etc., of standard form of contract.. 519 (2) Variation to be notified in Gazette, etc. 519 16. (1) Contracts to comply with standard form of contract 519 (2) Contracts not to be affected by variations, etc., in standard form of contract 520 17. Notice, etc., of hearing 520 18. Commission to make inquiries and recommendation 520 VI-HEARING AND DETERMINATION OF DISPUTES BETWEEN DISTRIBUTORS AND EXHIBITORS 19. (I) Reference to Commission 520 (2) Form of reference 520 (3) Notice of reference 520 (4) Hearing of dispute 521 (5) Decision of Commission 521 Decision final as to facts in dispute 521 VII-REGISTRATION OF CONTRACTS FOR THE HIRING OF FILMS 20. (1) Registration of contracts 521 (2) Method of registration.. 521 (3) Late registration.... 521 (4) Contract not registered and tendered in evidence by distributor not to be admitted 521 21. Contracts between exhibitor and distributor made after the introduction of Bill for this Act 522 Vill-REGULA TlONS 22. (1) Regulations (2) Regulations to be published in Gazette, etc. 522 522 SCHEDULE-Standard form of contract.. 523 PICTURE THEATRES AND FILMS ACTS AMENDMENT ACT of 1958 7 Eliz. 2 No.3 1. (1) Short title.. 541 (2) Principal Act 541 (3) Collective title 541 (4) Commencement of Act 541 (5) Application of Act 541 2.-11. [Not reprinted] PICTURE THEATRES AND FILMS ACTS AMENDMENT ACT of 1961 10 Eliz. 2 No. 41 1. (1) Short title., 542 (2) Principal Act 542 (3) Collective title 542 2. [Not reprinted] 3. Operation of conditions of determinations made prior to 8-4-1958., 542

PICfURE THEATRES AND FILMS 483 REGULATIONS: Censorship of Films Act of 1947-Gazette: Jan.-June 1949, p. 815; Jan.-June 1950, p. 2992. Picture Theatres and Films Acts 1946 to 1961-Gazette: Jan.-June 1946, p. 1497; Jan.-June 1947, p. 1175; July-Dec. 1948, p.3162; Sep.-Dec. 1951, p. 626; May-Aug. 1958, p. 1579. RELATED LEGISLATION: Children, protection of in picture theatres-see Vagrants, Gaming and Other Offences Acts, 1931 to 1967, s. 37B, title VAGRANTS. Literature-See Objectionable Literature Acts, 1954 to 1967, ss. 5, 10, title PRINTING. Obscene and indecent pictures-see Vagrants, Gaming and Other Offences Acts, 1931 to 1967, ss. 12-17, 47 (2), 52, title VAGRANTS; Criminal Code, s. 228, title CRIMINAL LAW, Vol. 3, p. 330.