479 PICTURE THEATRES AND FILMS Page 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 PART 1PRELIMINARY 1. (I) Short title (2) Commencement of Act 2. Interpretation of Act 3. Parts of Act 4. Meaning of terms 487 487 487 487 487 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 15. Applications for approval 16. Power to require picture to be exhibited for inspection .. 17. (I) Powers of Censor (2) No approval in certain cases (3) When approval not to be refused 18. (I) Certificate of approval (2) Certificate of refusal 19. (I) Approval of advertisements (2) Offence (3) Powers of Censor (4) Censor shall have regard to s. 17 (2) (5) Applicant to submit particulars, etc., of advertisement 20. (I) Matters to be contained in advertisement (2) Offence 21. Reproduction of whole or part of unapproved film prohibited 22. (1) Film to be exhibited as approved by Censor .. (2) Reproduction of certificate of approval to be projected 23. Certain films not to be exhibited during daytime on Saturdays and school holidays 24. Power to require security for fulfilment of conditions 25. (1) Revocation of certificate of approval .. (2) Censor may order withdrawal of film from exhibition (3) Offence 26. Censor may retain film and advertisements when approval refused 488 488 488 488 489 489 489 489 489 490 490 490 491 491 491 491 491 492 492 492 492 492 492 493 493 493 493 493 494 494 494 494 494 480 PICTURE THEATRES AND FILMS Vol. 13 Page Censorship of Films Act of 1947-continued 27. (I) Appeals from decision of Censor (2) Procedure .. (3) Fees .. (4) If requirements regarding appeal complied with Censor to advise Minister, etc. (5) Hearing of appeal (6) Any film or copy of any advertisement may be required to be screened or submitted (7) Appellant may be present (8) Powers on appeal (9) Decision final 28. (1) Reconstruction of a film . . (2) Application to be accompanied by a plan (3) Powers of Censor (4) Certificate of reconstruction of film 29. Registration of distributors and exhibitors 30. Powers of entry 31. Police to assist 32. (1) Penalties (2) When film may be ordered to be forfeited (3) Summary prosecution (4) [Minimum penalty] 33. Evidence 34. Regulations Publication When may be made To be laid before Parliament 35. Fees. Schedule 36. Application of fees and penalties 494 494 494 495 495 495 495 495 495 495 495 496 496 496 496 496 496 496 497 497 497 497 497 497 498 498 498 PART IV-AGREEMENT WITH COMMONWEALTH FOR ADMINISTRATION OF ACT 498 37. Power to arrange with Commonwealth 499 SCH EDU LE-Fees in respect of films PICTURE THEATRES AND FILMS ACTS, 1946 to 1961 PART I-PRELIMINARY 1. (1) Short title (2) Commencement of Act 2. Parts of Act 3. Repeals and savings .. 4. Definitions 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 500 500 500 501 501 502 502 502 503 503 503 503 503 503 503 503 PICTURE THEATRES AND FILMS 481 Page Picture Theatres and Films Acts, 1946 to 1961--continucd PART III-INVESTIGATION AND DETERMINATION OF APPLICATIONS FOR THE ESTABLISHMENT OF NEW AND/OR ADDITIONAL PICTURE THEATRES 6. (I) Use of new picture theatres to be determined by Commission (2) Films not to be exhibited in unlicensed premises (3) Licenses obtained prior to introduction of Bill for this Act .. 7. Application for determination of Commission Notice to be served on Local Authority 8. (I) Definition of words" the closing date for objections" (2) Objections to application (3) Grounds of objection (4) Valid objection (5) If no objection made Commission to determine application .. (6) (a) If objection made notice of objection to be given applicant (b) Form of notice (c) Applicant to furnish statement in relation to notice of objection (d) Commission to determine application (6A) Amendment of applications, etc. (7) Matters to which Commission shall have regard in determining objection .. (8) Time for lodging of application and powers of Commission where more than one application received .. (9) (a) Notice of determination to be published in Gazette (b) Notice of determination to be served on applicant and Local Authority (10) [Repealed] (II) Picture theatre to be brought into use on or before date fixed by Commission (12) Determination may be made subject to conditions .. (13) Definition of term" applicant" (14) Suspension or cancellation of determination upon default .. 8A. (1)-(4) [Disclosures to be made by applicant for the determination of the Commission] (5) [When Commission may refuse application] .. (6) [In whom benefit shall vest] .. .. .. (7)-(9) [Assignment of benefit] (10) [Commission may impose terms and conditions] 8AA. Temporary use of premises as picture theatre .. 8B. Increased seating capacity .. 8e. New theatre to provide better accommodation. . 80. Appeal against determination on question of law only 9. Licensing powers of Local Authority 9A. Exemptions from Part III .. IV-RIGHT OF EXHIBITOR TO REJECT FILMS 10. (I) Twenty-five per cent. right of rejection (2) Separate rights of rejection where one contract for more than one picture theatre (3) Fraction not less than one-half deemed to be whole number.. 11. (I) Notice to be given when film available for exhibition (2) Notice of rejection to be given .. 12. (1) Right of rejection not to apply in certain cases (2) Right of rejection in respect of contracts entered into before and after 16th October 1941 (3) [Operation of Part] 13. Definitions for purposes of this Part 16 504 504 505 506 506 507 507 507 507 507 507 507 501 508 508 508 508 509 509 509 510 510 510 511 511 512 512 512 512 514 514 515 516 516 517 511 511 517 517 518 518 518 518 482 PICTURE THEATRES AND FILMS Vol. 13 Page Picture Theatres and Films Acts, 1946 to 1961---<ontinued PART 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. . 519 519 15. (1) Variation, etc., of standard form of contract. . (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 (2) Method of registration .. (3) Late registration .. .. (4) Contract not registered and tendered in evidence by distributor not to be admitted 21. Contracts between exhibitor and distributor made after the introduction of Bill for this Act Vill-REGULATlONS 22. (1) Regulations (2) Regulations to be published in Gazette, etc. SCHEDULE-Standard form of contract .. 521 521 521 521 522 522 522 523 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 ., (2) Principal Act (3) Collective title 2. [Not reprinted] 3. Operation of conditions of determinations made prior to 8-4-1958 ., 542 542 542 542 PICfURE THEATRES AND FILMS 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. 483
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