Censorship of Films Act of 1947 (12 Geo Vi No. 3) (Qld)

PICTURE THEATRES AND FILMS. 12 GEO. VI. No. 3, ]947 Censorship of Films Act. 257 PICKETING. See LABOUR. --------- PICTURE THEATRES AND FILMS. An Act to Provide for the Censorship of Films and 12 3~O· 3~ I. to Enable an Agreement for that purpose to O~ E; ; '~ ~ SS" l~ T be entered into with the Commonwealth. OF 1947. [ASSENTED TO 15TH DECEMBER, 1947.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART 1.- PRELIML'IARY. 1. (1.) This Act may be cited as " The Censorship Short title. Of Films Act of 1947." (2.) Except as herein otherwise provided, this Act Commence. shall come into operation on a date to be fixed by the ment of Act Governor in Council by Proclamation published in the Gazette. 2 This Act. shall be read and construed so as not Interpreta. to exceed the legislative power of the State to the intent tion of Act. that where any enactment hereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. 3. This Act shall be divided into Parts, as Parts of Act. follows :- PART I.-PRELIMINARY; PART n.-ADMINISTRATION OF ACT; PART IlL-CENSORSHIP OF FILMS; PART IV.-AGREEMENT WITH COMMONWEALTH FOR ADMINISTRATION OF ACT. I

258 PART 1.- PRELIML"ARY. PICTURE THEATRES AND FILMS. Censorship of Films Act. 12 GEO. VI. No. 3, Meaning of 4. In this Act, unless the context otherwise indicates terms. or requires, the following terms shall have the meanings respectively assigned to them, that is to say;- Advertise- ment. Censor. " Advertisement "-Means any matter or thing describing or announcing, in any way or form, the projected exhibition of a film; " Censor "-Means- (a) The officer or authority of the Common· wealth of Australia exercising and discharg· ing on behalf of the Government of Queens- land the powers, duties, functions, and authorities of the Censor of films under this Act pursuant to any arrangement under Part IV. of this Act; or (b) If and while there is no such arrangement in operation, the Censor of films appointed under this Act, including any person who may be appointed by the Governor in Council to act as Censor of films; Children. " Children "-Children under the age of sixteen years; Distribntor. " Distributor "-In relation to films, means a person for the time being engaged in the business of hiring or selling films; Exhibitor. " Exhibitor "-In relation to films, includes every person who exhibits a film in a picture theatre; and the term" exhibit" and deriva- tives of that term shall have a corresponding interpretation; Film. " Film "-A film exhibited or proposed to be exhibited in a picture theatre by the use of a cinematograph and any other similar apparatus and reproducing equipment to produce· a moving picture or other optical effect; Minister. . P . . e r s o n . " Minister "-The Secretary for Public Works or other Minister for the time being charged with the administration of this Act; ~ , ;Person "-Includes any body corporate;

1947. PICTURE THEATRES AND FILMS. CensorskV[i of Films Act. 259 PART 1.- PRELIMINARY. " Picture theatre "-Includes any building or any Picture part of a building, or any enclosure, ground, theatre. place, or premises whatsoever wherein or whereon any film is exhibited and to which admission is or may be procured by payment of money or by ticket or by any other means, token, or consideration as the price, hire, or rent of admission, or where there is a subscription, collection, or donation received; " Prescribed "-Prescribed by this Act or by the Prescribed. regulations ; " Regulations "-Regulations made under this Regulations. Act; " Scenario "-Includes any statements or Scenario. summary- (a) Of the plot of any play or story; or (b) Of the incidents, depicted or intended to be depicted by means of a film; " This Act "-This Act and all regulations made This Act. or purporting to be made under this Act and for the time being in force. PA~ T n.-ADMINISTRATION OF ACT. PART JI.- ADMINIS- TRATION OF ACT. 50 This Part shall be subject to any agreement Operation executed under Part IV. of this Act. of Part. 6 This Act shall be administered by the Minister Administra· and, sOu bJ' ect t 0 the MI' nl.St er, by the Censor. . tionofAct. 70 The Censor shall be appointed from time to Censor. time by the Governor in Council and shall, subject to this Act, hold office for such period, not exceeding seven years, as the Governor in Council shall fix, and be eligible for reappointment. 80 In the event of the absence from duty for any Deputy for cause whatsoever of the Censor, the Governor in Council Censor. may appoint a deputy to act in his room. 0 Such .deputy shall, while he so acts, have and exercise the powers, duties, functions, and authorities of the Censor, and the fact that such deputy has exercised any power, duty, function, or authority of the Censor shall, until the contrary is proved, be conclusive evidence that the Censor W~~ then ~ bsent from duty.

260 PART II.- ADMINIS- TRATION OF ACT. PICTURE THEATRES AND FILMS. Censorship of Films Act. 12 GEO. VI. No. 3, Ralaryof 9. The Censor and any deputy appointed to act C hi e s nR d o e r pu an ty d . in his room during his absence shall be paid such salaries and/or allowances as the Governor in Council shall fix. Appoint- luent of Censor and deputy. 10. The Censor and any deputy appointed to act in his room during his absence may be appointed under *" The Public Service Acts, 1922 to 1945": Provided that the Censor and every such deputy shall be and be deemed to be subject to the disciplinary provisions of the Acts mentioned in this section, including the regulations thereunder, at all times notwithstanding that his appointment as Censor or, as the case may be, such deputy was not made thereunder, and for that purpose the Censor and every such deputy shall be deemed to be an officer of the Department for the time being administered by the Minister. Officers. 11. Such officers as are deemed by the Governor in Council necessary for the administration of this Act may be appointed under *" The Public Service Acts, 1922 to 1945." Termination of appoint- 12. In the event of an arrangement being made m.ents. under Part IV. of this Act the Governor in Council may terminate the appointment of the Censor and of any other officers appointed for the purpose of administering this Act whose functions, powers, duties, or authorities are, pursuant to such arrangement, to be exercised by officers or authorities of the Commonwealth. Dt~ ~ gation i3. (1.) The Censor may, with the consent of the ~ y t~ rwers Minister, and shall at the direction of the Minister, in Censor. relation to any matters or class of matters or in relation to any specified area, by writing under his hand, delegate such of his powers, duties, functions, and authorities under this Act (other than this power of delegation) as he thinks fit, or as the Minister shall specify, so that the delegated powers,duties, functions, and authbrities may, subject to this Act, be exercised by the delegate with respect to the matters or class of matters or area specified in the instrument of delegation. (2.) Where under this Act the exercise of any power, duty, function, or authority by the Censor is dependent upon the opinion, belief, or state of mind of the Censor * 13 G. 5 No. 31 and amending Acts.

1947. PICTURE THEATRES AND FITJMS. Censorship of Pilms Act. 261 PART 11.- ADMINIS- TRATION OF ACT. in relation to any matter, that power, duty, function, or authority may be exercised by the delegate upon the opinion, belief, or state of mind of that delegate. (3.) Every delegation, excepting a delegation made by direction of the Minister, shall be revocable by the Censor at his will, and any delegation, including a delegation made by direction of the Minister, shall be revoked by him if the Minister so directs, and no delegation shall prevent the exercise of the delegated power, duty, function, or authority by the Censor. PART IlL-CENSORSHIP OF FILMS. PART III.- CENSORSHIP OF FILMS. 14. (1.) A person shall not exhibit or cause to be Wf~ n ~ lm exhibited in any picture theatre any film not exempted ~ ~ hib~ te~ from the provisions of this subsection unless and until unless d such film has been approved by the Censor. ~ ~ P~ ~ ~ : or. (2.) The exhibition in any picture theatre of any film hereinafter in this subsection specified shall be exempted from the provisions of subsection one of this section if such film is so exhibited under, subject to, and in accordance with the provisions hereinafter in this subsection specified in relation to such film and/or the exhibition in a picture theatre of such film, that is to say- (i.) Any film registered under the Customs (Cinematograph Films) Regulations or other regulations relating to the censorship of films from time to time made under the *Gustoms Act, 1901-1936, of the Common- wealth; (ii.) Any film portraying solely pictures of topical event which has happened in Australia while being exhibited in a picture theatre at any time not later than three days after the happening of such event; (iii.) Any film, other than a trailer film, used solely for advertising purposes unless the Censor has directed that such film be sub- mitted to him for approval (the Censor being hereby authorised to give such direction if he haiS reason to believe that such film, or any part thereof, is not suitable for exhibition before children). * No. 6 of 1901 of the Commonwealth and amending Aets.

262 PART III.- CI+ ~ NSOHSHIP OE' FILMS. PICTURE THEATRES AND FILMS. Censorship of Films Act. 12 GEO. VI. No. 3, (3.) The Censor may by direction in writing under his hand exempt any film or part of any film from the operation of this Part of this Act to the extent specified in the direction. Applications 15. Application for the approval by the Censor of ! ; ~ roval. any film shall be made in the prescribed form, and shall contain the prescribed particulars and shall be accompanied by the appropriate fee specified in the Schedule to this Act. Pow~ r to 16. (1.) The Censor may require any film to be ~ ~ ~ ~ : : to be exhibited before him at such time and place as he dire~ts exh!bited at the expense and risk of the applicant, and may reqUIre !?r mspec- the production of the scenario or of any advertisement lOll. with respect to such film. (2.) The Censor's decision shall be final as to- (a) The eligibility of any person to be present at a censorship screening; and (b) The number of persons to be present at any such screening. Powers of Censor. 17. (1.) The Censor may-· (a) Approve a film as being suitable for general exhibition; or (b) Approve a film as being not suitable for exhibition before children; or (c) Approve a film subject to such conditions as he imposes; or (d) Refuse approval. ci N na o sceaespr. tparionval I . n h- IS (2 o .) p . ITn . hleOnC-ensor shall not approve a film which is, (a) Indecent or obscene, or likely to be injurious to morality; or (b) Likely to encourage public disorder or crime; or (c) Undesirable in the public interest. When 1 (3.) The Censor shall not unconditionally refuse to : ~ b: ova not approve a film which, in his opinion- refused. (a) Reproduces or adapts, in good faith and with artistic merit, any work of recognised literary merit; or (b) Represents, in good faith and with artistic merit, any scriptural, historical, traditional, mythical, or legendary story.

PICTURE THEATRES AND FILMS. 263' PART IlL- --- -- - -- - -- - -- - -- - - - - - - ~ 1947. Censorship of Films Act. CENSORSHIP OF FILMS. signif 1 ie 8 d . b ( y 1.) a Tcehretifiacpatperoinvatlhe opfrestchreibeCdefnosromr . shall be Cofearptpifriocvaatle.' a cer(t2if. ) icaTtheeinretfhuesaplroesfctrhibeeCd efnosromr. shall be signified by oCferretiffuicsaatle. 19. (1.) The Censor may require the applicant for Appro~ al of the approval of any film to submit for his approval any ::e~:s~lse. advertisement proposed to be used with respect to such film, and may also require the exhibitor of any film approved by the Censor to submit for his approval any advertisement used or proposed to be used by such exhibitor with respect to the exhibition of such film. (2.) No person shall announce, print, publish, Offence. distribute, exhibit, or otherwise disseminate in any way, or cause to be so announced, printed, published, distributed, exhibited, or disseminated, any advertise- ment of or with respect to any film or portion of a film- (a) Which film has not been approved by the Censor when required to be so approved by this Act; or (b) A copy of which advertisement was required by the Censor to be submitted to him for approval and has not been so submitted or, if so submitted, has not been approved by the Censor; or (c) Which advertisement has been altered or added to after approval thereof by the Censor. (3.) The Censor may- CPoenwseorrs. of (a) Approve any such advertisement or any part . thereof unconditionally; or (b) Approve any such advertisement or any part thereof subject to such conditions as he shall impose; or (c) Refuse to approve any such advertisement or any part thereof. (4.) In considering any advertisement submitted to Censor shall him for approval the Censor shall have regard to the havel~ ef: ) d provisions of subsection two of section seventeen ofto s. . this Act. (5.) Every applicant for approval by the CensorAppli~ant to of any advertisement shall submit to the Censor such~ ~ ~ ~ ! Iar> l. particulars, including (if the Censor so directs) samples &c...ofad. of such advertI·semen t , as the Censor sha11 reqUI.re. vertlsement.

,264 PICTURE THEATRES AND FILMS. PART III.- CENSORSHIP OF FILMS. Censorship of FiTnns Act. 12 GEO. VI. No. 3, ---- ---_._-- ------ - - - - - - - - - - - - - - . ~ - - - - ~ - - - - - -- - -. - Matters to be contained in advertise- ment. 20. (1.) Every advertisement shall- (a) In the case of a film approved as being suitable for general exhibition, contain a statement clearly visible or announced that such film has been so approved; (b) In the case of a film approved as being not suitable for exhibition before children, contain a statement clearly visible or announced that such film is not suitable for exhibition before children under the age of sixteen years ; (c) In the case of a film approved subject to conditions, contain a statement clearly visible or announced substantially setting out such conditions in such form as is approved in writing by the Censor: Provided however that in the case of a group of visible advertisements relating to more than one picture theatre and having a total area of not more than one hundred square inches it shall be optional to publish a statement in words ofletters of not less than" six-point black" type at the foot of such group by way of explanation of a symbol to be approved by the Censor appearing in such advertisements -opposite the title of each film to denote the Censor's classification of such film: Provided further that there shall be exhibited on the screen at every exhibition of films in every picture theatre prior to and during every interval in each programme a slide to be approved by the Censor in such form as will . clearly indicate to the audience the interpretation of symbols directed to be used in connection with the advertising of the Censor's approval of films as suitable for general exhibition, not suitable for exhibition before children, and horror films. Offence. (2.) A person shall not in respect of any film use or cause to be used any advertisement contrary to any provision of this section. Reproduc- 21. Subjeot to this Act, a person shall not print, tion o~ w~ ole publish, distribute, exhibit, or disseminate in any other : !; ro~ ed manner whatsoever, or cause to be printed, published, ~~ l~ o- distributed, exhibited, or disseminated in any other lIe. manner whatsoever, any photograph or other repro- duction of any film or part of a film required by this Act to be approved by the Censor, at any time when such film is not so approved.

1947. PICTURE THEATRES AND FILMS. Censorship of Films Act. 265 PART III.- CENSORSHIP OF FILMS. 22. (1.) A person shall not exhibit or cause to be Film to be exhibited any film approved by the Censor otherwise exhibited as than in the form and under the title so approved. ~ ~ ~~ ~ ;. ed by (2.) A person who exhibits or causes to be exhibitedRepro- any film approved by the Censor shall, immediately ~ ~ ~ ~ ~ c~ ~ : of before the exhibition of such film, cause to be projectedappro~ al to on the screen on which the picture is to be exhibited a be proJected. reproduction of the certificate of approval by the Censor of such film. Such reproduction shall be in letters clearly visible throughout the picture theatre and be not less than six feet in length, and if the reproduction is projected by a slide, the period of projection shall be not less than four seconds: Provided that this subsection shall not apply to any film approved by the Censor for general exhibition, which in the opinion of the Censor may be classed as gazette, topical, scientific, travel, or educational. 23. A person shall not exhibit or cause to be Certain films exhibited in any picture theatre any film approved byno~ · t( \ b~ the Censor as being not suitable for exhibition before~~ r~n~ ~ ay­ children, or any trailer film advertising a film approved ~ m: e ~ n by the Censor as being not suitable for exhibition before a~ d~c: ~: l children, at any time before half past five o'clock in the holidays. afternoon on any Saturday, or on any day which is a week day during any vacation, a special holiday, or a regular holiday appointed, granted, or provided by or under the regulations made under *"The State Education Acts, 1875 to 1940," for the State or Provisional schools in the City of Brisbane or, as the case may be, the Local Authority Area in which such picture theatre is situated: Provided that the Censor may, subject to such conditions as he may impose, exempt any picture theatre from the provisions of this section if he is satisfied that such exemption is warranted in the public interest. 24. The Censor may require the applicant to Power to furnish security for the fulfilment of any conditionsrequi~ te .. I.mposed by t he Censor or by thsi Act ' ID respect 0 f any sfueclfuilrm! yen> toorf films submitted for approval, and upon failure to comply conditions. with such conditions or any of them may enforce the security so furnished against the applicant or person by whom it was furnished. * 39 V. No. 11 and amending Acts.

266 . PART III.- CENSORSHIP OF FILMS. -~ - -- - - . . PICTURE THEATRES AND FILMS. Censorship of Films Act. 12 GEO. VI. No. 3, - - - - - - - - - - - - - _ . _ - - - _ . - - - - - - ~ . - - - Revoc~tioll 25. (1.) Where the Censor has approved any film ooff acperptr, foivcaalt.e subJ·ect to conditions imposed by him , he may at any time revoke such approval if he is satisfied that such conditions or any of them have not been complied with. Such revocation shall be signified by a notice in the prescribed form. Any film in respect of which such a notice of revocation has been issued shall be deemed to be an unapproved film. Censor may (?) The Censor may at any time order the with- owridtherdrawal drawal of a film from exhibition for the purpose of of film from further censorship if he is satisfied that such withdrawal exhibition. is necessary in the public interest. Offence. (3.) A person shall not exhibit or cause to be exhibited an unapproved film or a film so ordered to be withdrawn unless and until the Censor again approves of such film. Censor may 26. Any film or part of a film or any advertisement raentdaiandfvilemr- with respect to any film to which the Censor has refused tisements approval may be retained by the Censor, who may cause awphpernoval such film or part of a film or advertisement to be refuRed. destroyed after the expiry of one month from the date of notification to the applicant of intention to destroy such film or part of a film or advertisement. The Censor may, however, return such film or part of a film or advertisement to the applicant, if satisfied that such applicant will dispose of the film or part of a film or advertisement in the manner directed by the Censor. Appeals from decision of Censor_ 27. (1.) Any person who feels aggrieved by any decision of the Censor, including the imposition of any condition under the powers conferred on the Censor by or under this Part, may within such time and upon such conditions as are hereinafter in this section prescribed appeal therefrom to the Minister or to any person authorised in writing by the Minister in that behalf. Procedure. (2.) Such appeal shall be in writing and shall be lodged with the Censor not later than fourteen days after the date of the notification of the decision from which the appeal is made and shall set out in full the grounds of the appeal. Fees. (3.) The appropriate fee specified in the Schedule to this Act shall be paid to the Censor at the time of the lodging of such appeal.

PICTURE THEATHES AND FILMS. 1947 Censorship of jl'ilms Act. 267 PART III.- CENSORSHIP Ol!' F'ILMS. (4.) The Censor shall examine every such appeal and, If . I' f the requl'rements'In regard theret 0 have been comp I l ' ed rree( qYllalrrdeimngents with, shall advise the Minister or person authorised in appeal writing by the Minister to hear such appeal of the receipt : : : Pg: ~ sor of the appeal. tMoiandisvteisre, &e. (5.) The Minister or person so authorised by the Hearing of Minister shall arrange the time, date, and place for the appeal. hearing Qf the appeal and not less than twenty-four hours' notice shall be given the appellant of the time, date, and place fixed for the hearing of his appeal. (6.) The Minister or person authorised by the Any film. or Minister to hear any such appeal may require any film : ~~ ~ r~ fs: ~ y or copy of any advertisement in respect of which such men~ may be appeal has been made to be screened or submitted for~ ~ q: ~ : ~ n! ~ his inspection, as the case may be, at the risk and ator the expense of the appellant.· submitted. (7.) The appellant shall have the right to be present Appellant at the hearing of his appeal. ; ~ ~ e~ ~ . Mini(s8te. ) r tTohheeaMr ianniystesruchorapppeeraslomn aayu- thorised by the aPpopweearls. on (a) Allow the appeal; or (b) As a condition precedent to his allowance of the appeal- (i.) Require excisions to be made from any film the subject, of such appeal; or (ii.) Require alterations to be made in any such film or advertisement in respect of which such appeal has been made; hut such excisions or alterations shall be made, and the custody of such excisions or of a sample copy of such altered advertise- ment arranged for, only as the Censor may direct; or (c) Disallow the appeal; or (d) Direct the Censor to refuse to register the film the subject of the appeal. (9.) The decision of the Minister or person authorised Decision to hear any appeal shall be final and shall be communi- final. cated forthwith to the appellant by the Censor who shall give effect to all such decisions.

268 PICTURE THEATRES AND FILMS. P~ RT III.- - - - - - - - - - - - - - - - - - - - - - - - - - CENSORSHIP OF FILMS. Censorship of Films Act. 12 GEO. VI. No. 3, Reconstruc- 28. (1.) Where the Censor has refused approval f t i i l o m n . of a of a film, or where on appeal against such refusal the Minister or person authorised by the Minister to hear such appeal disallows the appeal, the applicant may, within fourteen days of either decision or within such further time as the Censor in special circumstances allows, apply to the Censor for permission to reconstruct the film and to submit it to the Censor for review. Applieation (2.) Application for permission to reconstruct a tbao( y. '( .b'. aoem pl p ~ 'W n. l.ecI fdielmtailsthhaellgrboeunadcscuopmopnanwiheidchbiyt isaclpailmanedsreetctionngstrouucttioinn should be permitted and enumerating any proposed alterations, deletions, or additions, and shall be Schedule. accompanied by the fee prescribed in the Schedule to this Act. Powers of Censor. (3.) The Censor may approve or refuse approval of any plan of reconstruction submitted to him or so alter or amend it as he deems fit, and such decision shall be subject to appeal as provided by this Act. Certificate of (4.) The Censor's approval or refusal of approval ~ ~ ~ l~ ~ tion of that a film shall be reconstructed shall be signified by a film. certificate in the prescribed form. Registration 29. Every distributor and exhibitor shall register ~ rstriblltors his name and address with the Censor and shall from and time to time furnish such returns and such information exLibitors. as the Censor may reqUI.re. Powers of entry. 30. The Censor, or any person authorised in writing by the Censor in that behaJf, or any member of the Police Force shall be admitted without charge to any picture theatre for the purposes of this Act during the screening of any film, and any person hindering the Censor or such person or member of the Police Force shall be guilty of an offence under this Act. Police to assist. 31. Every member of the Police Force shall assist in the enforcement of this Act, and shall make such enquiries as the Minister or the Censor may require, and where any offence against the provisions of this Act or the regulations thereunder comes to the notice of any member of the Police Force he shall forthwith report the matter in writing to the Censor who shall take such action consistent with this Act as he thinks fit.

1947. PICTURE THEATRES AND FILMS. CensorsMp of Films Act. - - - - - - ~ ~ - - - ~ ~ - - -- ~ -- - -~ - 269 PART III.- CENSORSHIP OF FILMS. 32. (1.) Any person who contravenes or fails to Penalties. comply with any provision of this Act shall be guilty of an offence and liable to a penalty as follows ;- (i.) In the case of an offence against any provision of subsection two of section nineteen or section twenty-one of this Act, a penalty of not less than five pounds nor more than twenty pounds; (ii.) In the case of an offence against any provi~ ion of subsection two of section twenty- two or section twenty-three of this Act, a penalty of not less than five pounds nor more than twenty pounds for the first offence and, for the second or any succeeding offence against the same or any other of such provisions, a penalty of not less than ten pounds nor more than fifty pounds; (iii.) In the case of any other offence, a penalty of not more than fifty pounds. (2.) Where any person is convicted of the offence When film b oyf etx h h I · i S bi A ticntgtoor bceauaspinpgrotvoebde beyxhtihbeiteCdenasnoyr failtmarneyqutiI . rmede ombreadfyeorrbefdeeittoed when such film is not so approved, the court may in addition to or in lieu of imposing a penalty order that such film be fOTfeited to the Crown. Any film so forfeited shall be dealt with in such manner as the Censor directs. (3.) Any offence agaiRst this Act may be prosecuted Summary in a summary way under *" The Justices Acts, 1886 prosecution. to 1946." (4. ) Notwithstanding any prOVIsIOn of any other Act, the penalty imposed for any offence against this Act. shall not, if a minimum amount of penalty for such offence is prescribed, be reduced below such minimum. 33. (1.) A certificate by the Censor that any film Evidence. has been- (a) Approved by him as being suitable for general exhibition; or (b) Approved by him as being not suitable for exhibition before children; or * 50 v. No. 17 and amending Acts.

270 PAUT III.- CENSORSHIP OF FILMS. PICTURE THEATRES A:\"D PILMS. Censorship of Films Act. 12 GEO. VI. No. 3, (c) Approved by him subject to any conditions stated in such certificate; or (d) Refused approval by him; or that any advertisement or any part of any advertisement haB been- (e) Approved by him unconditionally; or (f) Approved by him subject to the conditions specified in such certificate; or (g) Refused approval by him; or that any film or any advertisement or part of any advertisement has not been approved by him, or that any distributor or exhibitor ii' or is not registered under this Act, shall be evidence of the facts stated in sHch certificate, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of the facts so stated. Any certificate purporting to be a certificate by the Censor as aforesaid shall be admissible in evidence in any proceeedings for an offence under this Act, and the signature of the Censor thereto shall be judicially noticed. (2.) In any proceedings under this Act, without affecting the liability of any person for any offence under this Act, a person shall be deemed to exhibit a film if he conducts the exhibition of the same or on the occasion in question has the superintendence or manage- ment of the picture theatre wherein such film is exhibited. Regulations. 34. (1.) The Governor in Council may make regula- tions for or with respect to any matter or thing authorised or required by this Act to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect. Publication. (2.) Any regulation made or purporting to have been made under this Act shall be published in the Gazette, and upon such publication shall be judicially noticed. \\'hen may (3.) Regulations may be made upon the passing of be made.• this Act. To be laid (4.) All regulations shall be laid before the Legis- Pbeafroliraement. lative Assembly within fourteen days after such publica- tion, if Parliament is in session; if not, then within fourteen days after the commencement of the next ensuing session. If Pa,rliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such

1947. PICTURE THEATRES AND FILMS. CellsMship' of Films Act. 271 PART Ill.- CENSORSHIP OF FILMS. House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purposes of this subsection, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 35. There shall be paid in respect of the matters Fees. mentioned in the Schedule to this Act the several fees Schedule. set forth in the said Schedule in respect of the said matters respectively: Provided that no fees shall be payable for registration as an exhibitor or for the approval of films by the Censor in respect of entertainments conducted solely for charitable purposes or for benevolent or special (including educational) purposes approved in writing by the Minister. 36. All fees, penalties, and other moneys imposed, Application paid, or recovered under this Act shall be paid into and ~ ~ ! : ~ ~ i: ~ d. form part of the Consolidated Revenue. PART IV.- AGREEMENT WITH PART IV.-AGREEMENT WITH COMMONWEALTH FOR CWOEMAMLOTNR- ADMINISTRATION OF ACT. FOR ADMINIS- 37. (1.) The Governor in Council may arrange ~ ; A' i' g; . with the Governor-General of the Commonwealth for Power to the exerci . se and discharge of the function of censorship acorrmanmgoenw· ith of films In the State of Queensland by officers and wealth. authorities of the Commonwealth on behalf of the Government of Queensland, and for the exercise and discharge of such function such officers and authorities of the Commonwealth shall have and may exercise all the powers and authorities conferred by this Act, and shall have and exercise all the duties and responsibilities imJ?osed by this Act. (2.) The arrangement shall be expressed in a written agreement to be executed between the Governor in Council and the Governor-General of the Commonwealth, and provision may be made in such agreement for all or any matters which may be deemed to be necessary or expedient for the more effectual exercise and discharge of the function of censorship of films in the State of Queensland, and the exercise and discharge by officers and authorities of the Commonwealth of the duties, authorities, responsibilities, and powers conferred or imposed by this Act. Any such agreement shall be valid and effectual for all purposes.

272 PICTURE THEA'fRES AND FILMS. PART IV.- AGREEMENT WITH COMMON- WEALTH FOR ADMINIS- TRA'.rrON OF ACT. Censorship of INlms Act. 12 GEO. VI. No. 3, 1941. (3.) The expression" officers and authorities of the Commonwealth" shall for the purposes of any arrange- ment made by the Governor in Council with the Governor-General of the Commonwealth, under this Part, mean the Censorship Board, Chief Censor, Appeal Censor, or other Censors or officers constituted or appointed under the Customs (Cinematograph Films) Regulations or other regulations relating to the censorflhip of cinematograph films made from time to time by the Governor-General of the Commonwealth under the *Customs Act, 1901-1936: and the Censorship Board and Chief Censor shall be deemed to be the Censor under and for the purposes of this Act, and to be authorised and empowered to exercise and discharge the functions, duties, authorities, and responsibilities and 'powers conferred or imposed upon the Censor by this Act, and the Appeal Censor shall be the appeal authority' under and for the purposes of this Act, and to be authorised and empowered to exercise and discharge the functions, duties, authorities, responsibilities, and powers conferred or imposed upon the Minister or person authorised by him under this Act. (4.) Any a,rrangement made under this section may .be terminated by the Governor in CouncIl subject to giving to the Governor-General of the Commonwealth not less than t,hree months prior notice in writing of his intention to terminate such arrangement. Sect. 35. THE SCHEDULE. FEES IN RESPECT OF FILMS. 1. On submission of any film for the approval of the Censor or application for permission to reconstruct a film or on subm.ission of any film already approved to the Censor for his approval of any alteration thereof, deletion therefrom, or additions thereto- £ 8. d. For every reel of such film 050 2. On appeal of any person aggrieved by any decision of the Censor- £ 8. d. (a) In respect of a film submitted for approval- for every reel of such film or part thereof (with a minimum fee of one pound ten shillings for anyone film) . • 0 lO 0 (b) In respect of any advertisement-for every sample copy (with a minimum fee of one pound ten shillings in respect of any sample copy or copies in respect of any one film) .. 0 lO 0 . * ~ o. 6 of 1901 of the Commonwealth and amending Acts.