Cinematograph Films Hiring Agreement Act of 1940 (4 Geo Vi No. 30) (Qld)

CINEMATOGRAPH FILMS. 4 GEO. VI. No. 30, 1940. Cinematograph Films Hiring Agreement Act. 17869 CINEMATOGRAPH FILMS. An Act to Provide for a Standard Form of Contract 4 N GE o O . . 30 V . I. in Relation to the Hiring of Cinematograph CINE T M H A E TO- Films, and for other purposes. GRAPH FILMS HIRING AGREEMENT ACT OF [ASSENTED TO 28TH NOVEMBER, 1940.] 1940. 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:- 1. (1.) This Act may be cited as " The Short title. Cinematograph Films Hiring Agreement Act of 1940." (2.) Except as otherwise provided herein, this Act Commence- shall commence and take effect on and from a date to ment of Act. be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. 2. In this Act, unless the context otherwise indicates Meanings of or requires, the following terms shall have the meanings terms. respectively assigned to them, that is to say : - "Cinematograph"-Includes cinematograph and Cinematd- any other similar apparatus for the exhibition graph. of moving pictures; " Cinematograph film "-A film used or proposed Cinemato- to be used for the purpose of exhibiting a graph film. cinematograph picture; "Cinematograph picture"-A picture or other Cinemato- opt~c~ l effect exhibited or proposed to be ~ ~ ~ r! e. exhIbIted by means of a cinematograph; "Distributor"-In relation to films, means a Distributor. person for the time being engaged in the business of hiring or selling films ; " Exhibitor "-In relation to films, includes' e~ ry Exhibitor. person who exhibits a film in a theatre: and the term "exhibit" and derivatives of that term shall have a corresponding interpretation; " Film "-Cinematograph film; Film.

17870 CINEMATOGRAPH FILMS. Cinematograph Films Hvring Agreement Act. 4 GEO. VI. No. 30, Hiring. Minister. Prescribed. Theatre. This Act. Under Secretary. " Hiring "-In relation to films, means hiring or otherwise issuing or distributing films to an exhibitor at a rent or for other consideration or making other arrangements with exhibitors for the exhibition thereof; " Minister "-The Secretary for Health and Home Affairs or other Minister of the Crown for the time being charged with the administration of this Act; " Prescribed "-Prescribed by this Act; " Theatre "-Includes any house, room, building, garden, or place wherein any cinematograph picture 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 ; " This Act "-This Act and all Orders in Council and regulations made or purporting to be made hereunder and for the time being in force; "Under Secretary"-The Under Secretary, Department of Health and Home Affairs: the term includes any person for the time being discharging the duties of that office. Standard form or forms of contract. 3. (1.) The Governor in Council may at any time and from time to time by Order in Council or Orders in Council prescribe a standard form of contract or standard forms of contract in relation to the hiring of films or various classes of films by distributors to exhibitors. The Governor in Council may classify, and from time to time reclassify, films, and any standard form of contract for the time being so prescribed in relation to any class of films may differ from that prescribed in relation to any other class of films. (2.) Any Order in Council prescribing any such standard form of contract may at any time be repealed or from time to time be modified by the Governor in Council by Order in Council. (3.) Every Order in Council made under this section shall be published in the Gazette, and upon such publication shall be judicially noticed. i

1940. CINEMATOGRAPH FILMS. Cinematograph Films Hiring Agreement Act. (4.) The Governor in Council may by any Order in Council first made by him under subsection one of this section declare and direct- (i.) If such Order in Council prescribes a standard form of contract for all films, that every contract for the hiring of films by a distributor to an exhibitor; or (ii.) If such Order in Council prescribes a standard form of contract for any class of films, that every contract for the hiring of films of that class by a distributor to an exhibitor, made before such date as may be fixed by such Order in Council (which date may be the date of publication in the Gazette of the Order in Council or a later date) shall be read and construed subject to such standard form of contract, and, on and after such date, any term, provision or condition of any such contract which purports to negative or is inconsistent with any term, provision, or condition prescribed by such standard form of contract shall not be binding either on the distributor or the exhibitor. (5.) Every contract for the hiring of films or any class of films by a distributor to an exhibitor made on or after the date of the publication in the Gazette of an Order in Council made under subsection one of this section in relation to films or, as the case may be, such class of films shall, subject as hereinafter provided, be read and construed subject to the standard form of contract prescribed by such Order in Council, and insofar as any term, provision, or condition of any such contract purports to negative or is inconsistent with any term, provision, or condition prescribed by such standard contract, it shall not be binding either on the distributor or the exhibitor: Provided that any such contract for the hiring of films, or, as the case may be, such class of films made on or after the date of the publication in the Gazette of any Order in Council or Orders in Council modifying the applicable standard form of contract as hereinbefore prescribed shall be read and construed subject to such applicable standard form of contract as so modified, and insofar as any term, provision, or condition of any such contract purports to negative or is inconsistent with 17871

17872 CINEMATOGRAPH FILMS. Cinematograph Films Hirring Agreement Act. 4 GEO. VI. No. 30, any term, provision, or condition of such applicable standard form of contract as so modified, it shall not be binding either on the distributor or the exhibitor. (6.) Except as provided in subsection four of this section, no standard form of contract and no modification of a standard form of contract in relation to films or any class of films shall have any relation to a contract for the hiring of films or, as the case may be, such class of films by a distributor to an exhibitor made before the date of the publication in the Gazette of the Order in Council prescribing such standard form of contract or modification thereof, as the case may be. (7.) Unless the Governor in Council otherwise provides in the Order in Council repealing or modifying a standard form of contract, such standard form of contract shall, notwithstanding its repeal or modification, continue to relate to all contracts for the hiring of films or any class of films by distributors to exhibitors to which it related immediately prior to the date of publication in the Gazette of the Order in Council repealing or modifying it to the same· extent as it would have continued to so relate if such standard form of contract had not been so repealed or modified. Notice to 4. (1.) The Under Secretary shall, not less than rteivpersesoefnta. fourteen days before any Order in Council- distributors and (i.) Prescribing a standard form of contract in exhibitors of intention to make or relation to the hiring of films or any class of films by distributors to exhibitors; or modify any standard (ii.) Modifying any prescribed standard form of form of contract. contract, is published in the Gazette, notify any association or associations for the time being recognised by the Minister as representative of distributors, and any association or associations for the time being recognised by the Minister as representative of exhibitors, of films or, as the case may be, such class of films, of the intention of the Governor in Council to make such standard form of contract or modification thereof, as the case may be. Moreover, the Under Secretary shall give the like notice to any distributor or exhibitor of films or, as the case may be, such class of films known to him to be not represented by an association as aforesaid.

CINEMATOGRAPH FILMS. 17873 1940. Cinematograph Films Hiring Agreement Act. (2.) A notice as prescribed by subsection one of this section shall specify a place, date, and time where and when representatives of the distributors and of the exhibitors or any distributor or exhibitor notified in person shall be entitled to meet the Under Secretary, or a person nominated by him with the approval of the Minister, and to make representations and submit proposals relating to the proposed standard form of contract or modification thereof, as the case may be. (3.) Any association mentioned in subsection one of this section or any distributor or exhibitor not represented by any such association may at any time and from time to time make representations or submit proposals to the Under Secretary relating to the making of any standard form of contract or to the modification of any standard form of contract for the time being in force. (4.) Regard shall be had to every representation or proposal made by any association, distributor, or exhibitor mentioned in subsection one of this section, but so that no provision of this section shall limit or prejudice the power of the Governor in Council to make at any time and from time to time such standard form of contract or modification thereof in relation to any class of films as he shall deem fair and equitable to both distributors and exhibitors of films of that class. 5. (1.) Every distributor shall register every Registration contract for the hiring of films by him to an exhibitor of contracts. with the Under Secretary within thirty days after the making thereof. (2.) Registration of any such contract shall be effected by producing to the Under Secretary, or to an officer of his Department authorised by him in that behalf, the original contract and by depositing with the Under Secretary or such officer a duplicate original or true copy thereof. When registering a contract the distributor shall pay to the Under Secretary or such officer the prescribed registration fee, which registration fee may be so prescribed upon such basis as the Governor in Council shall think fit. The Under Secretary or such officer shall upon payment of such fee enter the prescribed particulars of the contract concerned in a register book provided for that purpose and shall file the duplicate original or

17874 CINEMATOGRAPH FILMS. Oinematograph Films Hiring Agreement Act. 4 GEO. VI. No. 30, 1940. true copy thereof in the Departmental records and endorse upon the original a certificate of registration and return same to the distributor. (3.) A distributor may register as aforesaid any such contract at any time later than thirty days after the making thereof, but when so registering same the distributor shall, in addition to the prescribed registration fee, pay to the Under Secretary or such officer a late registration fee of the prescribed amount for each and every day after the expiration of the said thirty days during which such contract was not registered, including the day upon which he registers same: Provided that the maximum late registration fee so prescribed shall not exceed the sum of five pounds. (4.) No such contract tendered in evidence by or on behalf of any distributor in any court in any proceedings (except criminal proceedings) shall be admitted in evidence unless and until the same is registered as hereinbefore in this section prescribed, but this subsection shall not prejudice any right which an exhibitor may have to tender and have admitted in evidence any such contract. Regulations. 6. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act. Without limiting the generality of such power to make same, regulations may be so made with respect to all matters required or permitted by this Act to be prescribed insofar as the same are not required to be otherwise prescribed. (2.) All regulations made or purporting to be made under this Act shall upon being published in the Gazette have the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before Parliament forthwith, if then sitting; and, if not then sitting, within fourteen days after the commencement of the next ensuing session.

CINEMATOGRAPH FILMS-OONSTITUTION. 4 GEO. VI. No. 1, 1940. Appropriation Acts. If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shaH after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 17875 COAL MINING. See MINING. COMMISSION AGENTS. See AUCTIONEERS AND OOMMISSION AGENTS. COMMON LAW PRACTICE. See PRACTICE. CONSTITUTION. (1) Appropriation Act of 1940-1941, No. 1 (2) Appropriation Act of 1940-1941, No. 2 .. 4 Geo. VI. No. 1 . . 4 Geo. VI. No. 14 An Act to Authorise the Appropriation out of the 4G N E o O . . 1 V . I. Consolidated Revenue Fund of Queensland of APpi~ : RlA- Further Sums of Money towards the Service Ti~ : C: f9~ f~ of the Year ending on the Thirtieth day of No. 1. June, 1941. [ASSENTED TO 29TH AUGUST, 1940.J .WHEREAS we, Your Majesty's most dutiful and loyal Preamble. subjects, the members of the Legislative Assembly of Queensland in Parliament assembled, have in the present session of Parliament cheerfully granted to Your Majesty the several sums hereinafter mentioned towards the services of the year ending on the thirtieth day of June, One thousand nine hundred and forty-one, in