Picture Theatres and Films Act Amendment Act 1974 (Qld)

313 ( ttujlsZitxtr ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 32 of 1974 An Act to amend the Picture Theatres and Films Act 1946-1971 in certain particulars [ASSENTED TO 2ND MAY, 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 and citation . (I) This Act may be cited as the Picture Theatres and Films Act Amendment Act 1974. (2) The Picture Theatres and Films Act 1946-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Picture Theatres and Films Act 1946-1974.

314 Picture Theatres and Films Act Amendment Act 1974, No. 32 2. Commencement . This Act shall commence on a date appointed by Proclamation. 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in the definition " Film ", omitting the word " and " where it occurs and substituting in each case the word " or "; (b) omitting the definition " Minister " and substituting the following definition:- Minniisstteerr "-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: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister;"; (c) omitting the definition " Picture theatre " and substituting the following definition:- 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;". 4. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) inserting after subsection (4) the following subsection:- " (4a) Resignation of member . A member of the Commission may resign his office by writing signed by him furnished to the Minister."; (b) in subsection (5), omitting paragraph (c) and substituting the following paragraph:- " (c) Any duly convened meeting of the Commission at which a quorum is present shall be competent to transact the business of the Commission. A meeting of the Commission shall he presided over by- (i) the chairman if he is present; (ii) if the chairman is absent, the deputy chairman if he is present; (iii) if both the chairman and deputy chairman are absent, a member elected by those present at the meeting (being a quorum). The person who presides at a meeting of the Commission- (iv) shall have a deliberative vote on any business before the meeting and, in the event of an equality of votes, a casting vote; (v) if he is a person other than the chairman, shall have - all the powers, authorities, functions and duties of the chairman."; (c) in subsection (5a), omitting the word " one "; (d) omitting subsection (8) and substituting the following subsection:- " (8) Application of The Commissions of Inquiry Acts 1950 to 1954 . For the purposes of the exercise or performance of the powers, authorities, functions and duties conferred or imposed

Picture Theatres and Films Act Amendment Act 1974, No. 32 315 upon it by this Act, the Commission shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts 1950 to 1954 and the chairman shall have the powers, authorities, protection and jurisdiction of a chairman of a Commission of Inquiry under those Acts save such as are reserved to a chairman who is a Judge of the Supreme Court, and those Acts shall apply accordingly.". 5. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) in subsection (1), (i) omitting from subparagraph (i) where it firstly occurs the words " place, or premises whatsoever " and substituting the words " premises, place or vessel "; (ii) omitting from subparagraph (ii) where it firstly occurs the words " place, or premises whatsoever " and substituting the words premises, place or vessel "; (iii) omitting from subparagraph (i) where it secondly occurs the words " place, or premises " and substituting the words " premises, place or vessel "; (iv) omitting from subparagraph (ii) where it secondly occurs the words " place, or premises " where they occur and substituting in each case the words " premises, place or vessel "; (b) in subsection (2), (i) omitting from the note at the beginning of the subsection the word " unlicensed " and substituting the word " certain "; (ii) omitting the first paragraph and substituting the following paragraphs:- Subject to subsection (2A), a person- (a) shall not in a picture theatre in the Area of a Local Authority exhibit any film unless- (i) that picture theatre was in use as a picture theatre and was licensed by the Local Authority in respect of such use at the commencement of this Act, and there is in force in respect of that picture theatre a subsisting license issued by the Local Authority in respect of such use; or (ii) the Commission has determined that the use of that picture theatre is warranted and there is in force in respect of that picture theatre a subsisting license issued by the Local Authority in respect of such use; (b) shall not in a picture theatre that is outside the Area of a Local Authority exhibit any film unless the Commission has determined that the use of that picture theatre is warranted. The provisions of subparagraph (b) of the first paragraph do not apply to a picture theatre that was at the date of commencement of the Picture Theatres and Films Act Amendment Act 1974 outside the Area of a Local Authority and in use as a picture theatre.

31 6 Picture Theatres and Films Act Amendment Act 1974, No. 32 The provisions of subparagraph (a) of the first paragraph do not apply to a picture theatre to which the last preceding paragraph refers that after the date of commencement of the Picture Theatres and Films Act Amendment Act 1974 is included in the Area of a Local Authority if at that date of inclusion that picture theatre was in use as a picture theatre."; (iii) in the second paragraph, (A) omitting from subparagraph (i) the words " grounds, place or premises " and substituting the words " ground, premises, place or vessel "; (B) omitting from subparagraph (ii) the words " place or premises and substituting the words " premises, place or vessel "; (C) omitting the word " three " and substituting the word " five "; (iv) in the last paragraph, omitting the expression " $100 " and the expression " $20 " and substituting in each case respectively the expression " $500 " and the expression " $100 "; (c) inserting after subsection (2) the following subsection:- " (2A) Termination of right to use picture theatre . (a) Where evidence of any kind is presented to the Commission indicating that a picture theatre has not been used for exhibiting films for a continuous period of two years immediately prior to the date upon which that evidence is received by it, whether or not a license issued by a Local Authority in respect of that use is in force, the Commission may by notice in writing signed by the secretary to the Commission call upon the person in default to show cause why the right to use that picture theatre for exhibiting films should not be terminated. The notice shall be served upon the person in default and shall fix a date before which cause shall be shown. (b) Upon the expiration of the period fixed by the notice, the Commission may, upon being satisfied that sufficient cause has not been shown, determine that the right to use that picture theatre for exhibiting films be terminated, whether or not there is in existence a previous determination of the Commission in respect of the use of that picture theatre. (c) Upon a determination of the Commission pursuant to paragraph (b) any previous determination and any subsisting license granted by a Local Authority in respect of the use of that picture theatre for exhibiting films shall be of no force or effect. (d) Where the right to use a picture theatre for exhibiting films has been terminated pursuant to paragraph (b), a person shall not again exhibit a film in that picture theatre unless- (i) the Commission has determined, upon an application under section 7, that the use of the picture theatre for exhibiting films is warranted; and (ii) where the picture theatre is in the Area of a Local Authority, there is in force in respect of that picture theatre a subsisting license as a picture theatre issued by that Local Authority. (e) A person who contravenes the provisions of paragraph (d) is guilty of an offence, and liable to a penalty of $500 and in addition, to a penalty of $100 for each day after the date of conviction during which the offence continues.

Picture Theatres and Films Act Amendment Act 1974. No. 32 317 (f) The provisions of this subsection are in addition to and not in derogation from or substitution for any other provision of this Act.". 6. Amendment of s. 7. Section 7 of the Principal Act is'amended by- (a) in subsection (1), (i) omitting from subparagraph (i) the words " place, or premises " and substituting the words " premises, place or vessel "; (ii) omitting from subparagraph (ii) the words " place, or premises " and substituting the words " premises, place or vessel "; (iii) omitting all words from and including the words " in or to " to the end of the subsection, and substituting the following words " as prescribed and, in an appropriate case, shall be accompanied by the approval of the Local Authority of the Area in which the building, enclosure, ground, premises, place or vessel is situated to the use and development thereof as a picture theatre."; (b) in subsection (2), omitting paragraph (b) and substituting the following paragraph:- " (b) Unless an application. is rejected or held in abeyance pursuant to paragraph (a), the Commission shall notify the fact that the application has been received by it by notification published- (i) in the Gazette, and, in addition- (ii) where an application is in respect of a site in the Area of a Local Authority, once in a newspaper circulating in that Area; or (iii) where an application is in respect of a site outside the Area of a Local Authority, or of a vessel, once in a newspaper circulating in the locality to which the application relates. Such notification shall be in the prescribed form and shall contain the prescribed particulars and appoint a date on or before which objections to the granting of the application may be lodged, which date shall be not earlier than 21 days after the date of publication of the notification in the Gazette or a newspaper, whichever last occurred."; (c) omitting subsection (3) and substituting the following subsection:- " (3) Service on Local Authority . Where an application under this section relates to- (a) a site in the Area of a Local Authority; or (b) a vessel that is to be operated on water adjacent to the Area of a Local Authority, a copy of the notification referred to in paragraph (b) of subsection (2) shall be served upon that Local Authority.". 7. Amendment of s. 8 . Section 8 of the Principal Act is amended by- (a) in subsection (2), omitting provisions (i) and (ii) and substituting the following provisions:- " (i) Where the application relates to a site in the Area of a Local Authority, that Local Authority; (ii) Where. the application relates to a vessel, the Local Authority of the Area adjacent to the water upon which that vessel is to be operated; or

318 Picture Theatres and Films Act Amendment Act 1974. No. 32 (iii) Any other person."; (b) in subsection (5), inserting after the word " objections," the words " consider the application and "; (c) in subsection (6), in paragraph (c), omitting the words " within such period as may be specified in the notice and substituting the words " within 21 days from the date of the notice "; (d) inserting after subsection (6A) the following subsection:- " (6B) Withdrawal of application . (a) An applicant may withdraw his application at any time before notification of the receipt thereof has been given by the Commission- pursuant to subsection (2) of section 7. (b) An applicant may, with the consent of the Commission and upon such terms and conditions as it thinks fit, withdraw his application at any time after notification of the receipt thereof has been given by the Commission and before the determination thereof. The Commission shall not consent to a withdrawal of an application pursuant to this paragraph (b) unless, upon hearing the parties or their representatives, it is of the opinion that, having regard to the rights of the parties and to the public interest, no injustice will be caused by such withdrawal. (c) Where a person withdraws his application after notification of the receipt thereof has been given by the Commission without the consent of the Commission first had and obtained, no further application in respect of the same locality shall be made by him without prior leave of the Commission until the expiration of a period of twelve months from the date of that withdrawal."; (e) omitting subsection (7) and substituting the following subsection :- " (7) Matters to which the Commission shall have regard in determining an application . In making a determination pursuant to this Act the Commission shall have regard to- (a) any valid objection lodged in respect of the application and any statement lodged therewith, and any statement lodged pursuant to paragraph (c) of subsection (6): (b) whether the standards of buildings, structures, furnishings and equipment forming part of the picture theatre proposed by the applicant will satisfy properly and adequately requirements for the accommodation of people in the locality that is intended to be served by the proposed picture theatre; (c) the ability of the applicant to provide in the proposed picture theatre such standard of service as is necessary to provide properly and adequately for the requirements of the locality that is intended to be served by the proposed picture theatre; (d) the suitability of the site or vessel in relation to public convenience, present and future; (e) the bona fides of the applicant and his financial ability to establish and maintain the proposed picture theatre in accordance with his application; (f) where more than one application is received in respect of the same locality, the respective times at which each of those applications was lodged with the Commission, giving due regard also to the date by

Picture Theatres and Films Act Amendment Act 1974, No. 32 319 which an applicant requited to produce further information pursuant to subsection (2) of section 7 produced that further information; (g) the desirability of encouraging the establishment of a picture theatre by a person who has not already substantial investment in the motion picture industry; and (h) such other matters as, having regard to the public interest, the Commission thinks proper."; (f) in subsection (8), (i) in the proviso to paragraph (a), omitting provision (i) and substituting the following provision:- " (i) If a further application is not made on or before the closing date for objections • to the first application, but notice of intention to make a further application in respect of the same locality is given to the Commission in the prescribed form on or before that closing date, then, if the Commission is satisfied that action had been taken, prior to the date notification of the receipt of the first application was first given pursuant to this Act, to obtain from the Local Authority of the Area in which the site is situated approval to the use and development of the site as a picture theatre or, where such approval is not required, that the notice of intention is otherwise bona fide and an application in accordance with the particulars contained in the notice of intention is made on or before a date specified by the Commission, that application shall be deemed to be a further application;"; (ii) in paragraph (b), omitting the provision commencing with the words " In making "; (g) omitting subsection (9) and substituting the following subsection:- " ( 9) Publication and service of notification of determination. Every determination of the Commission shall be submitted to the Minister for his confirmation and on his confirming the same notification thereof- (a) shall be published in the Gazette; (b) shall be served in the prescribed form upon the applicant and- (i) where the application relates to a picture theatre in the Area of a Local Authority, upon that Local Authority; (ii) where the application relates to a vessel, upon the Local Authority of the Area adjacent to the water upon which that vessel is to be operated."; (h) omitting subsection (11) and substituting the following subsection :- " (11) Use of picture theatre following determination. A determination of the Commission under section 7 shall be subject to the condition that the applicant, on or before the date fixed by the Commission in that determination or such later date as the Commission fixes, shall cause- (i) the building or part of the building, enclosure, ground, premises, place or vessel; or (ii) the projected building or part of the building, projected enclosure, ground, premises, place or vessel,

320 Picture Theatres and Films Act Amendment Act 1974, No. 32 the subject of the application, to be brought into use as a picture theatre. If an applicant fails to comply with the condition specified in this subsection with respect to a determination, that determinatiot, shall be void and of no effect whatever."; (i) in subsection (12), adding the following paragraph:- " A variation or other modification of a condition pursuant to this subsection shall be deemed to be a determination of the Commission."; (j) inserting after subsection (13) the following subsection:- " (13A) Cancellation of determination upon application.. The Commission may, upon application by the person in whom the benefit of a determination vests for the time being and upon sufficient cause being shown, cancel that determination, whereupon that determination and any subsisting license granted by the Local Authority of the Area to which the determination relates in respect of the use as a picture theatre of the site or vessel the subject of the determination shall be of no force or effect. A cancellation pursuant to this subsection shall be deemed to be a determination of the Commission."; (k) in subsection (14), (i) omitting from the note at the beginning of the subsection the words " Suspension or cancellation " and substituting the words " Cancellation or suspension "; (ii) adding the following paragraph:- "A cancellation or suspension pursuant to this subsection shall be deemed to be a determination of the Commission."; (1) inserting after subsection (14) the following subsection:- " (14A) Power to require repairs and the like to picture theatres. (a) Where, in the opinion of the Commission, a picture theatre- (i) is not provided with such furniture, furnishings, fittings and projection equipment as will provide properly and adequately for the accommodation of people who may resort thereto; (ii) is not of a suitable and sufficient standard in respect of those items referred to in provision (i) to meet the convenience of people who may resort thereto; (iii) requires work to be done thereon or with respect thereto or any act, thing or step to be done or taken with respect thereto that, in the opinion of the Commission, is necessary to serve better the convenience of the public, or is required in the public interest, the Commission may issue and serve upon the person in default an order pursuant to this subsection. (b) An order issued under paragraph (a)- (i) shall be signed by the secretary to the Commission; (ii) shall require the person in default to do in relation to the picture theatre the subject of the order, within the time specified therein and to the satisfaction of the Commission, such acts, matters and things as are specified therein.

Picture Theatres and Filets Act Amendment Act 1974, No. 32 321 (c) Where an order under this subsection is not complied with within the time specified therein or such further time as the Commission allows, the Commission may determine that the right to use that picture theatre for exhibiting films be terminated whether or not there is in existence a previous determination of the Commission in respect of the use of that picture theatre. (d) Upon a determination of the Commission pursuant to paragraph (c), any previous determination and any subsisting license granted by a Local Authority in respect of the use of that picture theatre for exhibiting films shall be of no force or effect. (e) Where the right to use a picture theatre for exhibiting films has been terminated pursuant to paragraph (c), a person shall not again exhibit a film in that picture theatre unless- (i) the Commission has determined, upon an application under section 7, that the use of the picture theatre for exhibiting films is warranted; and (ii) where the picture theatre is in the Area of a Local Authority, there is in force in respect of that picture theatre a subsisting license as a picture theatre issued by that Local Authority. (f) A person who contravenes the provisions of paragraph (e) is guilty of an offence, and liable to a penalty of $500 and in addition, to a penalty of $100 for each day after the date of conviction during which the offence continues. (g) The provisions of this subsection are in addition to and not in derogation from or substitution for any other provision of this Act.". 8. Amendment of s. 8A. Section 8A of the Principal Act is amended by- (a) in subsection (7), omitting the word " three " and substituting the word " five "; (b) inserting after subsection (7) the following subsection:- " (7A) It shall be a condition of every determination that if a company acquires a controlling interest in another company in which the benefit of a determination vests pursuant to subsection (6), within a period of five years from the date of the making of that determination and without the approval of the Commission in writing first had and obtained, the Commission may cancel or suspend that determination. For the purposes of this subsection, a company acquires a controlling interest in another company. if the firstmentioned company- (a) controls the composition of the board of directors of that other company; (b) controls more than half of the voting power of that other company; or (c) holds more- than half of the issued share capital of that other company.". 9. Amendment of s. 8AA. Section 8AA of the Principal Act is amended by- (a) in subsection (l), 11

322 Picture Theatres and Films Act Amendment Act 1974, No. 32 (i) inserting before the words " in lieu of " the words " in the same locality "; (ii) inserting after the word " application " the words ", as prescribed,"; (b) omitting subsection (2) and substituting the following subsection:- " (2) Sections 7 and 8 shall apply, with all necessary adaptations, to an application under this section."; (c) in subsection (3), omitting the words " place, or other premises " and substituting the words " premises, place or vessel "; (d) in subsection (6), omitting the words " place, or premises " and substituting the words " premises, place or vessel "; (e) in subsection (7), omitting the words " place, or other premises " and substituting the words " premises, place or vessel "; (f) in subsection (8), omitting the expression " $100 " and the expression " $20 " and substituting in each case respectively the expression $500 " and the expression " $100 ". 10. Amendment of s. 8B . Section 8s of the Principal Act is amended by- (a) in subsection (1), inserting after the word " application " the words ", as prescribed,"; (b) omitting subsection (2) and substituting the following subsection:- " (2) Sections 7 and 8 shall apply, with all necessary adaptations, to an application under this section.". 11. Amendment of s. 8C . Section 8c of the Principal Act is amended by- (a) in subsection (1), inserting after the word " apply " the words ", as prescribed,"; (b) omitting subsection (2) and substituting the following subsection:- " (2) Sections 7 and 8 shall apply, with all necessary adaptations, to an application under this section.". 12. Amendment of s. 8D . Section 8D of the Principal Act is amended by- (a) in subsection (1), omitting the word " section " and substituting the word "Act "; (b) in subsection (2), omitting the word " thirty " and substituting the figures " 21 ". 13. Amendment of s. 9A. Section 9A of the Principal Act is amended by adding to the first paragraph the following words:- or where the exhibition of a film is to be held in a locality in which there is no picture theatre lawfully in use for exhibiting films, for or in aid of any object approved by the Commission at the time the exemption is granted ". 14. Amendment of s. 11 . Section 11 of the Principal Act is amended by- (a) omitting the word " city " where it occurs before the word " picture " and substituting in each case the words " first release ";

Picture Theatres and Films Act Amendment Act 1974, No. 32 323 (b) omitting the words " City of Brisbane " where they occur and substituting in each case the words " Brisbane Statistical Division ". 15. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) inserting after the definition "Australian films " the following definition:- Brissbbaannee Statistical Division "-The Brisbane Statistical Division as defined from time to time by the Commonwealth Bureau of Census and Statistics;"; (b) omitting the definition " City picture theatres " and substituting the following definition:- First release picture theatre "-A picture theatre in the Brisbane Statistical Division that in the trade practice of the motion picture industry is made a picture theatre to which film is first released for exhibition;"; (c) in the definition " Trade-shown " omitting from subparagraph (a) the words " within the cities of Brisbane, Rockhampton or Townsville ". 16. Amendment of s. 20. Section 20 of the Principal Act is amended by, in subsection (3), omitting the proviso.