Films Review Act 1974 (Qld)

304 (yumislaubi ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 31 of 1974 An Act to provide for the review of films with a view to prohibiting the distribution in the State of objectionable films and for matters incidental thereto [ASSENTED TO 2ND M 4Y, 1974] 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 . This Act may be cited as the Films Review Act 1974. 2. Commencement . This Act shall commence on a date appointed by Proclamation. 3. Savings . Nothing in this Act prejudices or affects the operation of any other Act or any Order in Council, regulation, rule, ordinance, by-law or other instrument thereunder, and this Act shall be construed as being in addition to and not in derogation from or substitution for those provisions.

Films Review Act 1974, No. 31 305 4. Interpretation . In this Act, save where a contrary intention appears- Board " means the Films Board of Review constituted under this Act; " chairman " means the chairman of the Board; " distributor " in relation to films, means a person engaged for the time being in hiring or selling films; " exhibitor " in relation to films, includes every person who exhibits a film in a picture theatre; " film " means a film exhibited or proposed to be exhibited in a picture theatre by the use of a cinematograph or any other similar apparatus or reproducing equipment to produce a moving picture or other optical effect and includes any part of a film; " Minister " means the Minister for Local Government and Electricity or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister; " objectionable film " means a film that is determined by the Board pursuant to section 9 to be objectionable; " picture theatre " includes any building or part of a building, or any enclosure, ground, premises, place or vessel, wherein or whereon a film is exhibited and to which admission is or may be procured by the payment of money or the giving of other consideration or by token or by any other means as the price or condition of admission or where with respect to admission thereto there is a subscription, collection or donation taken or received; " secretary " means the secretary to the Board and includes a person who is temporarily performing the duties of the secretary; sell " includes- (a) barter, exchange, offer or expose for sale or attempt to sell ; (b) supply or receive for sale; (c) have in possession for sale; (d) send, forward or deliver for or on sale; and (e) suffer or allow to be bartered, exchanged or sold, or to be offered or exposed for sale. 5. Films Board of Review . (1) For the purposes of this Act, there shall be constituted a Board to be called the Films Board of Review. (2) The Board shall consist of five members, appointed by the Governor in Council by notification published in the Gazette, one of whom shall be appointed as the chairman. (3) A member of the Board shall hold office for a term not exceeding three years, specified in the notification of his appointment, and shall be eligible for reappointment.

306 Films Review Act 1974, No. 31 Notwithstanding this subsection, the Governor in Council may at any time remove a member of the Board from office. (4) The office of a member of the Board shall become vacant if the member is absent without prior leave granted by the Minister from three consecutive meetings of the Board of which due notice has been given to him. (5) (a) The Governor in Council may at any time by notification published in the Gazette appoint a member of the Board other than the chairman to be deputy chairman thereof. (b) The deputy'chairman shall act in the office of chairman whenever the chairman is prevented by any cause from performing the duties of chairman or during any period a vacancy exists in the office of chairman, and while so acting the deputy chairman shall have and may exercise all the powers and authorities and perform all the functions and duties of the chairman. (6) An officer of the Public Service of the State may be appointed as a member of the Board and may hold office as such member in conjunction with his office as an officer of that Public Service. (7) A member of the Board may at any time resign his office as a member, by writing signed by him furnished to the Minister. (8) A member of the Board may be paid such remuneration as is prescribed. (9) If a member of the Board is at any time prevented by any cause from performing the duties of his office, the Governor in Council may. by notification published in the Gazette, appoint another person, whether a member of the Board or not, to act as a deputy of that member for such time as he is prevented from so performing his duties as a member of the Board, and the deputy while so acting shall have and may exercise the powers and authorities and perform the functions and duties of the member whose deputy he is, and the provisions of this Act shall apply with respect to the deputy as if he were the person for whom he acts. 6. Proceedings of the Board . (1) The Board shall meet at such times and places as it determines and shall conduct its business in such manner as is prescribed or, so far as not prescribed, as it determines from time to time. (2) A quorum at any meeting of the Board shall be three members, of whom one shall be the chairman or deputy chairman. (3) The chairman shall preside at all meetings of the Board at which he is present and in his absence the deputy chairman shall so preside. The person presiding at a meeting of the Board shall have a deliberative vote and, in the event of an equality of votes upon a question on which more than three members have voted, a casting vote. (4) A proceeding of the Board shall not be invalidated by reason only of any defect in the appointment of a member or of any vacancy in the number of members at the time of such proceeding, if a quorum was present at that time.

Films Review Act 1974, No. 31 307 7. Appointment of officers . (1) The Governor in Council may from time to time, by notification published in the Gazette, appoint a secretary to the Board and such other officers as he thinks necessary for the effectual administration of this Act. (2) An officer of the Public Service of the State may be appointed under this section and may hold such appointment in conjunction with his office as an officer in that Public Service. (3) The secretary and other officers appointed under this section shall be paid such remuneration as is prescribed from time to time, but remuneration shall be paid to a secretary or other officer who is an officer of the Public Service of the State only upon the recommendation of the Public Service Board. 8. Functions of Board . (1) Subject to this Act, the Board- (a) shall examine and review films and, when so directed by the Minister, a particular film nominated by him, with the object of prohibiting the distribution in the State of objectionable films; (b) shall furnish to the Minister, as and when required by him, such reports and information as he requires (either generally or in a particular case or in respect of a particular matter) in relation to the administration of this Act or the exercise or performance of the Board's powers, authorities, functions and duties under this Act; (c) shall have and may exercise such other powers and authorities and shall perform such other functions and duties as are conferred or imposed upon it by this Act; and (d) generally, may do all such acts and things as are necessary for the proper exercise and performance of its powers, authorities, functions and duties under this Act and for carrying out or giving effect to the objects and purposes of this Act. (2) The Board shall, not later than 30th September in each year, furnish to the Minister a report of its administration of and operations under this Act for the year that ended on 30th June last preceding. The Minister shall lay the report before the Legislative Assembly. 9. Power of Board to prohibit distribution of objectionable films. (1) For the purposes of this Act, the Board may, by its order, require the distributor of any film to arrange at his expense a private exhibition of that film at a meeting of the Board. (2) Where, in the opinion of the Board, a film consists substantially of pictures- (a) that are of an indecent nature or suggest indecency; (b) that portray, describe or suggest acts or situations of a violent, horrifying, criminal, or immoral nature, the Board may, having regard to the matters referred to in section 10, determine that the film is an objectionable film. (3) Where the Board determines that a film is an objectionable film it may, by its order, prohibit the distribution of that film in the State.

308 Films Review Act 1974, No. 31 (4) An order under this section- (a) applies with respect to all copies of the film to which it relates including, in appropriate cases, all copies of every part thereof; (b) applies to each film that is a component of a group of films issued in serial form, where the distribution of one such component is prohibited by order of the Board; (c) is sufficiently authenticated if it is signed on behalf of the Board by the chairman, deputy chairman or secretary; (d) continues in force on and from the date on which it is published in the Gazette until it is revoked by the Board or rescinded, set aside or quashed; (e) may at any time be amended or revoked by a subsequent order of the Board. (5) Without prejudice to the generality of subparagraph (e) of subsection (4), the Board may by a subsequent order revoke an order if the Board is satisfied that the film to which the lattei order relates has been so reconstructed as to be no longer an objectionable film. (6) (a) A copy of every order made by the Board under subsections (3) and (5) and of every memorandum of the decision of the Court or Judge on an order to review obtained under section 11 shall be published in the Gazette and may also be published or advertised in such other manner as the Board thinks fit. (b) If it considers it desirable to do so, the Board may cause a copy of any order made by it to be served on any person- (i) personally; or (ii) by leaving it at, or forwarding it by post to, his place of abode or business last known to the Board. (7) Where an order of the Board is revoked under this section, section 20 of the Acts Interpretation Act1954-1971 shall apply to that order as if it were a regulation that has been repealed. 10. Matters for Board ' s consideration in determining whether a film is objectionable . For the purposes of this Act, the Board, in determining whether a film is objectionable, shall have regard to- (a) the nature of the film generally and in particular whether it- (i) unduly emphasizes matters of sex, horror, terror, crime, cruelty or violence; (ii) is blasphemous, indecent, obscene, or likely to be injurious to morality; (iii) is likely to encourage depravity, public disorder or the commission of any indictable offence; or (iv) generally outrages public opinion. (b) the persons, classes of persons and age groups to or amongst whom the film is intended or is likely to be exhibited; (c) the tendency of the film to deprave or corrupt the persons, classes of persons or age groups or any of them referred to in subparagraph (b), notwithstanding that other persons or classes of persons or persons in other age groups may not be similarly affected thereby; (d) the circumstances in which the film is exhibited or is intended to be exhibited in the State;

Films Review Act 1974, No. 31 309 (e) the scientific or artistic merit or importance of the film, to the intent that a film shall not be determined an objectionable film unless, having regard to the matters specified in this section and all other relevant considerations, the Board is of the opinion that the exhibition of the film in the State would have an immoral or mischievous tendency or effect. 11. Appeals . (1) A person who is aggrieved by an order made by the Board in respect of a film may appeal by way of order to review and for the purposes of an appeal- (a) that order shall be deemed to be an order made by a Magistrates Court constituted under the Justices Act1886-1973; (b) the Board shall be deemed to be the justices constituting that Court; and (c) sections 209 to 212 both inclusive, 214 to 218 both inclusive, 220 and 221, of the JusticesAct1886-1973 shall, with all necessary adaptations, apply. (2) Upon the return of an order to review obtained under this section the Judge or, as the case may be, the Judges constituting the Full Court, upon consideration of the evidence and material adduced and brought before the Board and of such further evidence either oral or by affidavit as the Court or Judge thinks fit- (a) may discharge the order to review; (b) may confirm, vary, amend, rescind, set aside or quash the . order of the Board; (c) may remit the matter for further consideration by the Board with or without a direction in law; (d) may prohibit the Board or any person from proceeding further with the order; (e) may make all such orders and cause all such proceedings to be had and taken as the Court or Judge thinks necessary to secure a final determination of the matter upon the merits. In addition to any other power conferred by this subsection the Court or Judge may exercise all or any of the powers or jurisdiction that the Court has or may exercise upon certiorari, mandamus or prohibition. (3) The Court or Judge shall determine as an issue in the appeal whether the film the subject of the order of the Board is an objectionable film and in respect of that determination shall not be bound by the opinion of the Board. (4) The Registrar of the Supreme Court shall send to the Board a memorandum of the decision of the Court or Judge on an order to review obtained under this section and that memorandum shall be sufficient evidence of the decision for all purposes. 12. Duties of members of Police Force . Every member of the Police Force of the State shall assist in the enforcement of this Act and shall make such enquiries as the Minister or Board requires from time to time. Where an act or omission that constitutes an offence against this Act comes to the knowledge of a member of the Police Force, he shall forthwith make a report thereon to the Board and it shall take such action as it thinks fit with respect thereto, consistent with this Act.

310 Films Retiview Act 1974, No. 31 13. Seizure of objectionable films. A member of the Police Force at any time when a place at which a person engages in the distribution or exhibition of films is open for business- (a) may enter and inspect that place; (b) may inspect and examine any film found by him therein or thereon; (c) may seize, remove and detain any film found by him therein or thereon, the distribution of which is prohibited by this Act. 14. Offences. (1) A person- (a) shall not distribute in the State; (b) shall not exhibit in the State, a film to which a subsisting order under section 9 (3) applies. (2) A person- (a) shall not fail to comply with an order of the Board made pursuant to section 9 (1); (b) shall not contravene or fail to comply with any other provision of this Act. Penalty: For a first offence $200 or imprisonment for 2 months; for a subsequent offence not less than $200 nor more than $1,000 or imprisonment for 12 months or both. (3) A prosecution for an offence against this Act- (a) may be instituted within 12 months after the commission of the offence or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period; (b) shall be heard and determined summarily on the complaint of the chairman, deputy chairman or secretary or of any person authorized in writing by the Board. (4) (a) Where a body corporate commits an offence against this Act, each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly:- (i) the managing director, manager or other governing officer, by whatever name called and every member of the governing body thereof, by whatever name called; and (ii) every person who in the State manages or acts or takes part in the management, administration or government of the business in the State of the body corporate. (b) This subsection applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. 15. Forfeiture of objectionable films. (1) The court before which a person is convicted of an offence against this Act in respect of a film that is seized and detained pursuant to section 13 shall, in addition to imposing a penalty, order that film to be forfeited to Her Majesty. (2) A film that is forfeited to Her Majesty pursuant to this section shall be destroyed or otherwise disposed of as the Minister directs.

Films Revietiw Act 1974, No. 31 311 (3) A person is not entitled to compensation in respect of the forfeiture, destruction or other disposal of a film pursuant to this Act. 16. Indemnity . No matter or thing done by the Minister or the Board or by any other person acting with the authority of the Minister or the Board, or by any member of the Board or any member of the Police Force of the State, in good faith and without negligence, for the purpose of executing this Act or in the exercise or performance of his or its powers, authorities, functions and duties under this Act shall subject the Crown, the Minister, the Board, person acting with the authority of the Minister or the Board, member of the Board, or member of the Police Force to any liability in respect thereof. 17. Application of money. All fees and penalties imposed by this Act and all other payments made under this Act shall, when recovered, be paid into and form part of the Consolidated Revenue Fund. 18. Avoidance of certain contracts . (1) Notwithstanding any contract or any term or condition of any contract (whether entered into before or after the commencement of this Act and whether the contract is oral or in writing or express or implied), a person is not liable for breach of contract by reason only of his rejecting any film that is delivered to him, or of his refusing to accept delivery of, or to deal in any manner with any film, if he, in good faith and reasonably, believes that his acceptance of delivery of, or possession of or dealing with that film may render him liable to be prosecuted under this Act. (2) A person shall not enter into or make any contract, transaction or arrangement whether orally or in writing for the purpose of, or that in any way has the effect of, defeating, evading, avoiding or preventing the operation of this section. (3) Without prejudice to any penalty or punishment to which a person is liable under this Act, any contract, transaction or arrangement entered into or made in contravention of subsection (2) (whether before or after the commencement of this Act) is void. 19. Evidentiary provisions . (1) In any proceeding under this Act- (a) it is not necessary to prove the authority of the chairman or other member of the Board, or of the secretary or other officer appointed under this Act, to do any act; (b) a signature purporting to be that of the chairman or other member of the Board, or of the secretary or other officer appointed under this Act, shall be taken to be the signature it purports to be and shall be deemed to have been duly placed on any document until the contrary is proved; (c) a certificate under the hand of. the chairman or secretary that a document annexed to the certificate is a true copy of a notice made, given or served under or for the purposes of this Act is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters to which it relates. (2) In determining whether or not a film alleged in a proceeding under this Act to be the subject of an order made by the Board is the film to which that order applies, the Court shall disregard any reconstruction of that film made on or after the date on which the order

312 Films Review Act 1974, No. 31 became effective and while that order remains in force, and evidence proving or tending to prove such reconstruction shall be admissible in that proceeding. (3) For the purposes of this Act, any reel of film so marked as to indicate that it contains film pertaining to a motion picture with a title specified in the marking shall be deemed to contain film of that title until the contrary is proved. 20. Regulations . The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that, in the opinion of the Governor in Council, are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.