Censorship of Films Act Amendment Act 1971 (Qld)

851 Q1ftmliYl't ANNO VICESIMO ELIZABETHAE SECUNDAE REGINA.E No. 65 of 1971 An Act to Amend The Censorship of Films Act of 1947 in certain particulars [ASSENTED TO 16Th DECEMBER, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Censorship of Films Act Amendment Act 1971. (2) The Censorship qf' Films Act of 1947 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Censorship c/'Fihns Act 1947-1971.

852 Censorship . of Films Act Amendment Act 1971, No. 65 2. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor by Proclamation published in the Gazette. 3. Amendment of s. 14 . Section 14 of the Principal Act is amended by, in subsection (2), omitting the words "exhibition before children " w 66 h ge e n re er t a h l eeyxohcibcuitrioinn " p.aragraph ( iii) and inserting in their stead the words by4. Amendment of s. 17. Section 17 of the Principal Act is amended - (a) omitting subsection (1) and inserting in its stead the following subsection:- (1) The Censor may- (a) Approve a film unconditionally; (b) Approve a film subject to such conditions as he imposes; or (c) Refuse approval of a film. Where the Censor approves a film under this subsection, he shall classify that film as being, in his opinion- (a) For general exhibition; (b) Not recommended for children; (c) For mature audiences; or (d) For restricted exhibition."; (b) in subsection (2), omitting the general words at the commencement thereof and inserting in their stead the words " Subject to subsection (3) of this section, the Censor shall not approve a film where, in his opinion, and having regard to the manner in which he would classify the film if it were approved, the film is - ". 5. New s. 17A. The Principal Act is amended by inserting after section 17 the following section:- " 17A. Attendance at restricted exhibition picture. (1) In this section " restricted exhibition picture " means picture from a film classified in accordance with subsection (1) of section 17 of this Act as being for restricted exhibition. (2) A person shall not exhibit a restricted exhibition picture in a picture theatre when there is present any person who has attained the age of six years and who has not attained the age of eighteen years. A person who contravenes this section shall be taken to have committed a separate offence in respect of each person who has attained the age of six years and who has not attained the age of eighteen years, who is present at the exhibition. (3) A person who has attained the age of fourteen years and has not attained the age of eighteen years shall not be present in a picture theatre at the exhibition of a restricted exhibition picture.

Censorship of Films Act Amendment Act 1971, No. 65 853 (4) Subject to subsection (6) of this section, a person who has attained the age of eighteen years shall not cause or permit a person who has attained the age of six years and who has not attained the age of eighteen years to be present in a picture theatre at the exhibition of a restricted exhibition picture. (5) It is a defence to a prosecution for an offence against subsection (2) of this section if the person charged proves that- (a) he took all such steps as are reasonable in the circumstances to avoid being guilty of the offence; or (b) at the time the offence, he or his servant or agent had reasonable grounds for believing and did believe that the person in respect of whom the offence was committed had attained the age of eighteen years or had not attained the age of six years. (6) Subsection (4) of this section does not apply to the person exhibiting the picture referred to in that subsection or to the servant or agent of that person. (7) It is a defence to a prosecution for an offence against subsection (4) of this section if the person charged proves that, at the time of the offence, he had reasonable grounds for believing and did believe that the person in respect of whom the offence was committed had attained the age of eighteen years or had not attained the age of six years. (8) If a member of the Police Force has reasonable cause to suspect that any person admitted to a picture theatre in which a restricted exhibition picture is being exhibited or about to be exhibited or has just been exhibited, has not attained the age ofeighteen years, he may require that person to state his correct age, name and address, and if he has reasonable grounds to believe that the age, name or address given by that person is false, may require that person to produce, within a reasonable time , evidence of the correctness of the age, name or address given.". 6. Amendment of s. 18. Section 18 of the Principal Act is amended by, in subsection (1) omitting the word " of" and inserting in its stead the words " and classification of a film by ". 7. Repeal of and new s. 20,. The Principal Act is amended by repealing section 20 and inserting in its stead the following section:- "20. Matters to be contained in advertisement . (1) Every advertisement relating to a. film classified by the Censor in accordance with the provisions of subsection (1) of section 17 of this Act shall contain a statement or symbol in the prescribed form denoting the Censor's classification of that film. (2) Every exhibitor shall exhibit on the screen in the picture theatre at every exhibition of films, prior to the commencement of, and during every interval in, each programme, a slide to be approved by the Censor in such form as indicates clearly to the audience the interpretation of symbols directed to be used in advertising the Censor's classification of films.

854 Censorship of Films Act Amendment Act 1971, No. 65 (3) A person shall not use or cause to be used in relation to a film any advertisement not in accordance with the provisions of subsection (1) of this section.". 8. Amendment of s. 22. Section 22 of the Principal Act is amended by, in subsection (2), (a) inserting after the word "approval" the words "and classification "; (b) inserting after the words "by the Censor where they occur in the proviso, the words " and classified by him as being, in his opinion ". 9. Amendment of s. 23. Section 23 of the Principal Act is amended by omitting the words " approved by the Censor as being not suitable for exhibition before children " wherever they occur and inserting in their stead in each case the words " other than a film approved by the Censor and classified by him as being, in his opinion, for general exhibition ". 14. Amendment of s. 32 . Section 32 of the Principal Act is amended by, in subsection ( 1), inserting after the word " Act " the words " or with a requisition directed to him under this Act.". 11. Amendment of s. 33 . Section 33 of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- (1) A certificate by the Censor- (a) That any film has been- (i) Approved by him unconditionally; (ii) Approved by him subject to the conditions specified in the certificate; (iii) Refused approval by him; (iv) In the case of an approval, classified by him as being, in his opinion , for general exhibition, not recommended for children, for mature audiences or for restricted exhibition; (b) That any advertisement or part of any advertisement has been- (i) Approved by him unconditionally; (ii) Approved by him subject to the conditions specified in the certificate; or (iii) Refused approval by him; (c) That any film or any advertisement or part of any advertisement has not been approved by him; (d) That any distributor or exhibitor is or is not registered under this Act, shall be evidence of the facts stated in that certificate and in the absence of evidence to the contrary shall be conclusive evidence of those facts. Any certificate purporting to be a certificate by the Censor under this subsection shall be admissible in evidence in any proceedings for an offence under this Act.".

Censorship of Films Act Amendment Act 1971, No. 65 855 12. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE [s. 12] AMENDMENTS RELATING TO DECIMAL CURRENCY Provisions to be Amended Omit Insert Section 32 (1) (i) Section 32 (1) (i) Section 32 (1) (ii) Section 32 (1) (ii) Section 32 (1) (ii) Section 32 ( 1) (ii) Section 32 (1) (iii) The Schedule Clause 1 The Schedule Clause 2 The Schedule Clause 2 (a) The Schedule Clause 2 (b) five pounds twenty pounds five pounds twenty pounds ten pounds fifty pounds fifty pounds £ s. d. 0 50 £ s. d. 0 10 0 0 10 0 $10 $40 $10 $40 $20 $100 $100 $ 0.50 $ 1.00 1.00