Picture Theatres and Films Act of 1946 (10 Geo Vi No. 12) (Qld)

.PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, 1946. PICTURE THEATRES, PROTECTION OF CHILDREN. See VAGRANTS. 317 PICTURE THEATRES AND FILMS. An Act to -provide for the Regulation and Control of lO::'°i2:I. certain Matters relating to the Distribution PI~lUil and Exhibition of Films; and for that A~ S. purpose to Constitute a Picture Theatres and Films Commission and to provide for a Standard Form ofContract in Relation to the Hiring of Films; and for purposes consequent thereon and incidental thereto. [ASSENTED TO 26TH MARCH, 1946.] 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, PB~ ~ AiY. 1 (1.) This Act may be cited as "The Picture Short title. Theatres and Films Act of 1946." . (2.) *This Act shall commence and take effect on Comm.ence· and from a date to be proclaimed by the Governor in ment of Act. Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. 2. This Act is divided into Parts as follows : - Parts of Act. PART I,-PRELIMINARY ; PART n.-CONSTITUTION AND FUNCTIONS OF THE PICTURE THEATRES AND FILMS CoMMISSION; • Act proclaimed in force on and from 26th March, 1946, by Pro('mma· tion of 26th March, 1946, in Gazette of same date at page 747.

318 PART 1.- PREJ,nDNARY. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, PART III.-INVESTIGATION AND DETERMINATION OF APPLICATIONS FOR THE ESTABLISHMENT OF NEW AND/OR ADDITIONAL PIOTURE THEATRES; PART IV.-RIGHT OF EXIDBITOR TO REJEOT FILMs; PART V.-STANDARD FORM OF CONTRACT IN RELATION TO THE HmING OF FILMS; PART VI.-HEARING AND DETERMINATION OF DISPUTES BETWEEN DISTRIBUTORS AND EXIDBITORS; PART VII.-REGISTRATION OF CONTRACTS FOR THE HmING OF FILMS; PART VIII.-REGULATIONS. Repeals and Savings. Repeals and 3. *" The Oinematograph Films Hiring Agreement savings. Act of 1940" and all Orders in Council made under the said Act are repealed: Provided that, without prejudice to t" The Acts Shortening Acts"- (i.) Every Regulation made under the repealed Act and in force at the commencement of this Act shall continue in force until the same is repealed or amended under this Act; (ii.) All registrations of contracts made before the commencement of this Act under or in pursuance of the repealed Act shall continue in force for the period, if any, specified in such registrations and shall be deemed to have been made under this Act; (iii.) The Under Secretary, Department of Health and Home Affairs shall hand over to the Director the register of contracts for the hiring of films provided by him under the repealed Act and all duplicate, original or true copies of such contracts in his Depart- mental records. * 4 G. 6 No. 30, 1940 Sess. v., p. 17869. t 31 V. No. 6, v. 1, p. 56.

1946. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 319 PART 1.- PRELDnNARY. 4. In this Act, unless the context otherwise indicates Definitions. or requires, the following terms have the meanings set against them respectively, that is to say:- "Area"-The Area of a Local Authority; Area. " Building "-A building as defined in *" The Building. Local Government Act8, 1936 to 1943," or in any Act amending or substituted therefor ; " Commission"-The Picture Theatres and Films Commission. Commission constituted under this Act; ." Contract "-Any contract or agreement for the Contract. hiring of films by a distributor to an exhibitor; " Director "-The Director of Local Government Director. for the State of Queensland; " 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 every Exhibitor. person who exhibits a film in a picture theatre: and the term "exhibit" and derivatives of that term shall have a corresponding interpretation; " Film "-A film exhibited or proposed to be Film. 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; " Hiring "-In relation to films, means hiring or Hiring. 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; "Local Authority "-A Local Authority consti- Local . tuted under *" The Local Government Act8, AuthOrity 1936 to 1943" (and any Act amending or in substitution for those Acts): the term shall also include the Brisbane City Council * I G. 6 No.. 1 and amending Acts, v. 5, p. 826 et seq.

320 PAJlT 1.- PlUIILIJOlIIABY. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, constituted under *" The City of Brisbane Acts, 1924 to 1944" (or any Act amending or in substitution for those Acts) ; Minister. " Minister "-The Secretary for Public Works or other Minister of the Crown for the time being charged with the administration of this Act ; Picture theatre. " Picture theatre "-Includes any building or any part of a building, or any enclosure, ground, 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; Prescribed. " Prescribed "-Prescribed by this Act; This Act. " This Act "-This Act and all Orders in Council and Regulations made or purporting to be made hereunder and for the time being in PAJlTII.- force. CONSTITUTION AND FUNO'rIO!r8 fi:::s OP THB. PART n.-CONSTITUTION AND FUNCTIONS OF THE C~ ~ ~ ~ ~ : . PICTURE THEATRES AND FILMS COMMISSION. Picture 5. (1.) For the purposes of this Act, there shaH be : ! , : ~ a; r: s constituted a Commission to be known as " The Picture Commission. Theatres and Films Commission," hereinafter referred to as the "Commission," which shall, subject to the Minister, exercise and perform the functions, powers, authorities and duties conferred and imposed upon it by this Act. Appoint- (2.) The Commission shall consist of three members, : :: b~! s each of whom shall be appointed by the Governor in of .. Council by Commission in His Majesty's name. One of CommISSIon. such members shall be appointed chairman of the Commission and another of such members shall be appointed deputy chairman of the Commission. Every member of the Commission shall hold office at the pleasure of the Governor in Council. RemWlera- The members of the Commission shall receive such mtioemn boefrs. remuneration as may be determined by the Governor in Council from time to time. * 15 G. 5 No. 32 and amending Acts, v. 10, p. 6 et seq.

PICTURE THEATRES AND ]'ILMS. 321 PART 11.- ]946. Picture Theatres and FiLms Act. A~ ~ ~ ~ ~ i: g: s OF THE PICTURE (3.) A person shall not be qualified for appointment A~H: ~~ ~ ~ as a member of the Commission if he has any pecuniary ~Ol\lMIS~ ION. interest in the production, distribution or exhibition of Dtl. OlSnq. ualifica. films. Moreover, the office of a member who acquires any such pecuniary interest shall become vacant. (4.) In the case of the illness, inability or absence of Appoint. any member, the Governor in Council may appoint some ment of other person to act as the deputy of such member during :~ ~ :~ of such illness, inability or absence, and every such person illness, &c., shall, while he acts as such deputy, have all the powers of member. and perform all the duties and may exercise all the jurisdiction and authority of such member. (5.) (a) The Commission shall meet at such times Conduct of and places and conduct its business in such manner as meetings, may be prescribed or, in so far as not prescribed, it may &c. decide. (b) Any two members of the Commission shall form a quorum for the purpose of transacting any business of the Commission. (c) Any duly convened meeting of the Commission at which a quorum is present, shall be competent to transact any business of the Commission and at any such meeting the chairman, or in his absence the deputy chairman, shall preside, and in the event of an equal division of votes on any question the chairman, or in his absence the deputy chairman, shall have a second or casting vote. (6.) The Governor in Council may appoint a Secret~r~ to secretary to the Commission who shall receive such CommlSSlOn. remuneration as may be determined by the Governor in Council from time to time. (7.) The Commission shall investigate and report ~vestiga. upon any matter or thing referred by the Minister to the g~ : r! ~ sion. Commission concerning the production, distribution, and exhibition of films. (8.) For the purposes of the exercise of the functions, Commission powers, authon' tI' es and dutI' es con £ erredor'Imposed upon ptoowhearvse, &c., it by this Act, the Commission shall have and may of a .. exerCI's1e a1 or any 0 f the powers, authon' ty, prot ect'IOn uconmdmerlSSlOn and jurisdiction of a commission within the meaning of 1 Geo. v, *" The Official Inquiries Evidence Acts, 19lO to 1929." No. 26, (9,) Every person appearing before the Commission Appearances shall have the right to be represented by his counsel, ~ ~ = ission. solicitor or agent. ... 1 G. 5 No, 26 and amending Act, v. 3, p. 439 et seq.. L

322 PICTURE THEATRES AND FILMS. PART 111.- I!~ ~siJ:: ii~ N Picture Theatres and Films Act. 10 GEO. VI. No. 12, lIINATJON OF ApPLICATIONS - ~ - - - - - - - - - - - - - - -- - -- - -- - +- - FOR THE Ntw E: ~ ~ ~ LI~ : - PART III.-INVESTIGATION AND DETERMINATION ~~ : r: I~ ~ ~ R ApPLICATIONS FOR THE ESTABLISHMENT OF T P H I E C A T T U R R E E S. AND / OR An DITIONAL P ICTURE T HEATRES. OF U: se of new 6. (1.) A Local Authority shall not, in pursua ce f~ ~ ~ ~ :s of *" The Local Government Acts, 1936 to 1943," or of to. be deter- any by-law thereunder (or, in the case of Brisbane City ~ : ! i~ ~ on. Council, in pursuance of t" The Oity of Brisbane Acts, 1924 to 1944," or of any ordinance thereunder), issue any license in respect of the use or intended use as a picture theatre of- (i.) Any building or part of a building. or any enclosure, ground, place, or preIlllses whatsoever; or (ii.) Any projected building or part of a building or any projected enclosure, ground, place, or premises whatsoever, unless- (i.) Such building or part of such building or such enclosure, ground, place, or premises was in use as a picture theatre and licensed by the Local Authority in respect of such use at the commencement of this Act and a subsisting license issued by the LocalAuthority in respect of such use is in force in respect of such picture theatre; or (ii.) The Commission determines as hereinafter provided that the use or intended use as a picture theatre of- (a) Such building or part of such building or such enclosure, ground, place, or premises; or (b) Such projected building or part of a building or such projected enclosure, ground, place, or premises, is warranted. Every license issued by a Local Authority in contravention of this subsection shall be void and of none effect whatsoever. * 1 G. 6 No. 1 and amending Acts, v. 5, p. 826 et Beq. t 15 G. 5 No. 32 and amending Acts, v. 10, p. 6 et Beg.

PICTURE THEATRES AND FILMS. 323 PARTIII.- 1946. Picture Theatres and Films Act. INVESTIGATION AND DETER- ---------------------------------------------- fp~~ ~~~ ~ (2.) A person shall not in any picture theatre in E~ ~ : Bi. ~ ~ ­ the Area of any Local Authority exhibit any film N: - : N~ : / OR unless-- A¥> ~ 6i~ :: L (i.) Such picture theatre was in use as a picture THEATRES. theatre and was licensed by the Local ~ ! ~ hibi: e~ o Authority in respect of such use at the in . commencement of this Act and a subsisting ~ : : : ~ license issued by the Local Authority in respect of such use is in force in respect of such picture theatre; or (ii.) The Commission has determined as hereinafter provided that the use of such picture theatre is warranted and a subsisting license issued by the Local Authority in respect of such use is in force in respect of such picture theatre. Any person who contravenes this subsection shall be guilty of an offence and liable to a penalty of not more than fifty pounds with an additional penalty in the case of a continuing offence not exceeding ten pounds for each day upon which the offence continues. (3.) Notwithstanding the foregoing provisions of this Licenses section, every license as aforesaid granted by any Local ob~ ai~ ed Authority, or by Brisbane City Council, prior to the date k: ~ ~ d~ ction ;or when the Bill for this Act was read for the first time in ~ ~ .B~ the Legislative Assembly, shall be valid and lawful; but IS !'. in any case where the picture theatre or projected picture theatre in respect of which such license was granted was not in use as such upon the date of the commencement of this Act the Commission may call upon the holder of the license to satisfy it that the license was obtained bona fide for the p-qrpose of enabling him to conduct a picture theatre; and if such holder fails to so satisfy the Commission within the time specified by it, the Commission may cancel such license and its decision shall be final and conclusive and without appeal. 7. (1.) Every application for the determination of Application the Commission that the use or intended use as a picture : fn~ ~ ~ ~ - of theatre of- Commission. (i.) Any building or part of a building or any enclosure, ground, place, or premises; or

324 PICTURE THEATRES AND FILMS. PA:&TIII.- INVESTIGATION ANDDBTBR- Picture Theatres and Films Act. 10 GEO. VI. No. 12, A~ ~ ~~ ~ -- - -- - - - - - - - - - - - - - - - - - - - - - --- --- --- --- --- --- --- - lI"OR THE ESTABLISH- (ii.) Any projected building or part of a building KENT ,Oll" NEW AND/OR or any projected enclosure, ground, place, or ADDITIONAL PICTURE premises, TH1iIATRES. is warranted shall be made to the Commission in or to the effect of the prescribed form, and shall contain the particulars, if any, prescribed. Commission (2.) The Commission shall, by notification published to give in the Gazette and once in a newspaper circulating in napoptilciceaotifon. the Area to which the application relates, notify the fact that the application has been received by the Commission. Such notice shall be in, or to the effect of, the prescribed form, contain the prescribed particulars, and appoint a date on or before which objections to the granting of the application may be lodged with the Commission. sLNeoorcvtiaeclde toonbe Loca(l3A. ) uAthocroiptyy ooff tshuechAnreoatiicne qshuaelsltiboen. served upon the Authority. Definition 8. (1.) A reference in any provision of this section to ? dfatwteehfocorordlssm. g 0 " fthseucchlospinrogvdI. saitoenfsortoobJo' erctiinonrse" spsehcatll 0 ifn tahn'eyaupppalritcIlcatioanr objections." application be construed as a reference to the date appointed under subsection two of the· preceding section in relation to that application. Objections (2.) An objection to the granting of the application !:plication. may be lodged with the Commission by-- (i.) The Local Authority of the Area to which the application relates; or (ii.) Any other person whomsoever. Grounds of (3.) An objection may be made on anyone or objection. more of the following grounds, so far as those grounds are appropriate to the character of the application- (i.) That the use of an additional picture theatre is not required for the accommodation of the people in the locality which would be served by the picture theatre; (ii.) That the picture theatres for the time being in use provide properly and adequately for the requirements of such locality; (iii.) That an additional picture theatre would result in undue competition or economic waste; (iv.) That the use of an additional picture theatre is not in the public interest.

PICrrURE THEATRES AND FILMS. 325 PARTlII.- -------------------------------------------------- 1946. Picture Theatres and Films Act. INVESTIGATION ANDDETEB- : i: ~ ~ ~ ~ ~ ~ (4.) An objection shall not be valid unless- E~ ~ ~ Bi~ s~ . (i.) I t t hies cl I oodSg . Inegd dwaitteh £ tohre 0 CbJo' emctml.Oisnssio; n on or before N A : DP : DIC ~ ITT ~ IUO 2 RN J EA O L R THEATRES. (ii.) It is accompanied by the prescribed fee; (iii.) It is accompanied by a statement in writingV~d. verified by statutory declaration setting out obJectIOn. the facts and circumstances on which the objector relies to support the grounds of his objection; (iv.) It is made on one or more of the grounds set out in subsection three of this section; and (v.) It is in or to the effect of the prescribed form. (5.) If no valid objection is· lodged with theIf~ o. C OmmI . SS . IOn, the C OmmI " SSlOn sha11, as soon as pract'ICable OmbajdeectIOn after the closing date for objections, determine whether Commission or not the app1I·Cat'IOn sha11 be grant ed . taoppdleicteartimonin.e (6.) (a) Where any valid objection is received bYIfobjection the Commission, the Commission shall, within themfadbe. not~ ice preSCrI' bed tI.me, cause notI.Ce 0 f t he 0 b" JectlOn to be g'Iven 0 to b 0 eJgeicveInon in the prescribed manner to the applicant. applicant. (b) The notice shall be accompanied by a copy of Form of the objection and of the statement referred to in para- notice. graph (iii.) of subsection four of this section. (c) The applicant may, within such period as may be ApP?cant to specified in the notice, lodge with the Commission a ~~~:ent statement in writing verified by statutory declaration in r~ lation to setting out the facts and circumstances on which he ~ ~ j~ ~ ~ i~ ~ . relies to answer the contentions of the objector. (d) The Commission shall, as soon as practicable Commissi~ n after the expiration of the period specified in paragraph ~ p~ ? : : ~ ~ e (c) of this subsection, consider the application and determine whether or not the application shall be granted. (7.) In making such determination the Commission Matters to sohf altlhheavaeppre1I·gCaa·rtdlOtno, aannydvaalnidy osbtjaetcetmioennltodagcecdominpraensypm.ecgt swChohamilclmhhIS.aSv. leOn ~uch objection, and to any statement lodged by the ~ egard~ . applicant pursuant to paragraph (c) of subsection sixo~ j:: - o~ ng of this section. (8.) Where more than one application for the deter- Power of mination of the Commission is received in respect of the Cohmmission same I ocalI' ty and t he CommI. ss.lOn determm. es t hat an twhaenreonmeore additional picture theatre is warranted, it shall be in app~ica~ ion the absolute discretion of the Commission to determine receIve .

326 PICTURE THEATRES AND FILMS. PARTIII.- INVESTIGATION AND DETER- Picture Theatres and Films Act. 10 GEO. VI. No. 12, f~ t~ ~ : ro~ -------------------------------------------------- FOR THE ESTABLISH- which application shall be approved in respect of the MENT OF NEW AND/OR grant of a license, having regard to all the facts and ADDITIONAL PICTURE circumstances which, in the opinion of the Commission, THEATRES. may establish a just and equitable priority in favour of any particular applicant concerned: Provided that should no such just and equitable priority be established to the satisfaction of the Commis- sion, then the Commh;sion shall, by the drawing of lots, decide what application should be granted. Notice of (9.) (a) Every determination of the Commission tdieotnertmoinbae- under this section shall be notified in the Gazette. published in Gazette. Notice of determina- tion to be served on applicant and Local Authority. (b) The notice of the determination of the Com- mission shall, in the prescribed form, or to the like effect, be served upon the applicant and the Local Authority. I?etermina. (10.) The determination of the Commission under ~ ~ ~ = ~ : nd this section shall be final and conclusive and without and without appeal. appeal. Picture (11.) It shall be a condition of the determination of ~heatr~ tt? ~e the Commission under this section, upon breach whereof ~ ~ u; no~ n 0 such determination shall be void and of none effect : fd~ date whatsoever, that the applicant on or before the date Co~mi~ sion. fixed by the Commission in the determination or on or before such extended date as the Commission may fix shall cause-- (i.) The building or part of the building or the enclosure, ground, place, or premises; or (ii.) The projected building or part of the building or the projected enclosure, ground, place, or premises, the subject of the application for the Commission's determination to be brought into use as a picture theatre. Licensing powers of Local Authority. 9. The duties, authorities, responsibilities, and powers of the Local Authority under *"The Local Govern- ment Acts, 1936 to 1943," or any by-law thereunder (and, in case of the City of Brisbane, under t" The City of ... 1 G. 6 No. 1 and amending Acts, v. 5, p. 826 et Beg. t 15 G. 5 No. 32 and amending Acts, v. 10, p. 6 et Beg.

PICTURE THEATRES AND FILMS. 327 PARTIII. ~ 1946. Picture Theatres and Films Act. INVESTIGATION AND DETER- ------------------------------------------------ :~: ~:r~~ Brisbane Acts, 1924 to 1944," or any ordinance there- E! ~ ~ B~ ~ S~ ­ under) with regard to the control, regulation, and regula- N~ ~giilR tion of the use of picture theatres shall not be deemed A~ ~~ ~ ~EAL to be set aside by this Act; but nothing herein shall be THEATRES. deemed to confer upon the Local Authority or the Brisbane City Council power to refuse to issue to the applicant named in the determination a license for a new or additional picture theatre, the subject of a determination of the Commission, on any of the grounds set out in subsection three of section eight hereof, and, subject to the applicant for such license duly complying with the relevant provisions of *" The Local Government Acts, 1936 to 1943," and of any by-law thereunder (and, in the case of the City of Brisbane, of t" The Oity of Brisbane Acts, 1924 to 1944," and of any ordinance thereunder) the Local Authority or the Brisbane City Council (as the case may be) shall issue to such applicant the license accordingly : Provided that where the Commission has made a determination that the use or intended use of a new picture theatre is warranted as hereinbefore provided and has pursuant to its powers and authorities under subsection eight of section eight of this Act decided what applicant is entitled to priority over any other applicant or applicants, the Local Authority shall, if such applicant duly complies with all or any of the relevant provisions of *" The Local Government Acts, 1936 to 1943," and of any by-law thereunder (and, in the case of Brisbane City Council, pursuant to the provisions of t" The Oity of Brisbane Acts, 1924 to 1944," and of any ordinance thereunder) issue to such applicant the license accordingly. PART IV.--RwHT OF EXmRITOR TO REJECT FILMS. PARTIY.- RIGHT OF EXHIBITOR TO REJECT FILMS. 10. (1.) Subject to the provisions of this Part of Twenty-five this Act, the exhibitor shall, without incurring any ~ e~ ~ e~ t. liability for breach of contract, have the right to reject re1ection. up to twenty-five per centum of the total number of films to be supplied under any contract. (2.) If any contract provides for the exhibition of Separate film at more than one picture theatre, separate rights ~ ~ ~: ~ i~ ! of rejection may be exercised by the exhibitor as if wtere one there were a ~ eparate contract for the supply of film to : ~ ; : ~ ~ a! > r each of the pICture theatres. * 1 G. 6 No. 1 and amending Acts, v. 5, p. 826 et seg. t 15 G. 5 No. 32 and amending Acts, v. 10, p. 6 et seg. one picture theatre.

328 PICTURE THEATRES AND FILMS. PARTIV.- RIGHT 011' EXHIBITOR TO REJEOT FlLlJs. Picture Theatres and Films Act. 10 GEO. VI. No. 12, Fraction not (3.) Where twenty-five per centum of any number less ~ h' ; f of films to be supplied under any contract is not a whole ~: n! dto bo number any fraction not less than one-half shall be n w u h m olb 6 e r. deemed to be a whole number. to Notice be 11. (1.) The distributor shall notify the exhibitor ~ ~ ~ ! ~ ~ n in writing when film to be supplied under any contract able for will be available for exhibition by such exhibitor. Such exhibition. notification shall specify the date or dates of exhibition of the film and shall be given- (i.) In the case of a city picture theatre, not less than two weeks prior to the date or the first of the dates of exhibition; (ii.) In the case of a picture theatre situated in the City of Brisbane, not being a city picture theatre, not less than four weeks prior to the date or the first of the dates of exhibition; and (iii.) In the case of a picture theatre situated outside the City of Brisbane, not less than six weeks prior to the date or the first of the dates of exhibition. Notice of (2.) (i.) The exhibitor shall, if he desires to exercise rejection his right of rejection, give notice of rejection of the film to be given. in writing to the distributor at any time after the receipt by him of the notification of the distributor that the film will be available for exhibition by such exhibitor on the date or dates specified in the notification but- (a) In the case of a city picture theatre, not later than one week prior to the date or the first of the dates of exhibition; (b) In the case of a picture theatre situated in the City of Brisbane, not being a city picture theatre, not later than two weeks prior to the date or the first of the dates of exhibition; and (c) In the case of "a picture theatre situated outside the City of Brisbane, not later than three weeks prior to the date or the first of the dates of exhibition. (ii.) If the exhibitor fails to give notice of rejection of the film to the distributor within the time prescribed, the exhibitor shall be deemed not to have rejected the film and shall, in relation to such film, be bound by the contract. "

PICTURE THEATRES AND FILMS. 329 1946. Pichwe Theatres and Films Act. PART IV.- R1GHT OF EXHmITOR TOREJEC'f FILMS. 12. (1.) The provisions of this Part of this Act shall Right of not apply to- rejection. not ( 1 . .) A ny contract J .f." .or t h e h" lrmg 0 f fil m tra d e- c to eratpaipnly m shown by the distributor prior to the making cases. of such contract; and (ii.) British or Australian films. (2.) The provisions of this Part of this Act shall Right of apply, and be deemed to have always applied to that rejection in part of any contract entered into before the sixteenth ~~ :~~ ~~f day of October, one thousand nine hundred and forty- entered into one which was unfulfilled at that date and the number ~ ; : : ~ ~ d of films upon which the right of rejection shall be October, calculated in such case shall be the total number of 1941. films which the distributor has agreed to hire and supply to the exhibitor less the number of films hired and supplied to and exhibited by the exhibitor in terms of such contract at such date. (3.) The provisions of this Part of this Act shall apply, and be deemed to have always applied to any contract entered into on or after the sixteenth day of October, one thousand nine hundred and forty-one. 13. For the purposes of this Part of this Act, the Definitions fol1owing terms shall have the meanings respectively for P?rposes assigned to them, that is to say : - 1:~ : s " Australian films "-Films- Australian '(a) Which have been wholly or mainly produced films. in Australia; (b) All the studio scenes depicted in which have been photographed in Australia; (c) (Where the films are produced by a com- pany) which have been produced by a company incorporated in Australia; " British films "-Films which are deemed to be British British films for the purposes of registration films. under Part Ill. of the Imperial Act, "The Cinematograph Films Act, 1938" ; "City picture theatres"-Picture theatres in City picture Queen and Albert Streets in the City of theatres. Brisbane which are in trade practice made picture theatres to which film is first released for exhibition at one of such picture theatres or at more than one of such picture theatres in continuous exhibition.

330 PART IV.- RIGHT OB EXHIBITOR TO REJECT FILMS. Trade. l'lhown. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, " Trade-shown "-In relation to a film means- (a) Displayed within the cities of Brisbane, Rockhampton or Townsville to exhibitors or their agents in a building and under conditions allowing for a satisfactory viewing of the film, after notification in writing to such persons at least fourteen days before the display, the display not being open to any member of the public on payment; or (b) Displayed to exhibitors or their agents on one occasion on which the film is exhibited to the public at a picture theatre in Queensland during the first four consecutive days on which the film is so exhibited, the display taking place after notification in writing to such persons at least fourteen days before the display. PARTV.- STANDARD FORM OF RCEOLNATTRIAOCNT TINO PART V.-STANDARD FORM OF CONTRACT IN RELATION THE HIRING OB FILMS. TO THE HIRING OF FILMS. Standard fonn of contract. 14. (1.) The standard form of contract prescribed in the Schedule to this Act shall, on and from the commencement of this Act and thereafter until it is varied or is superseded by a new standard form of contract prescribed by the Governor in Council on the recommendation of the Commission, be the standard form operative for the time being for the purposes of this. Act. Governor in Council may prescribe standard fonn of contract. (2.) The Governor in Council may on the recom- mendation of the Commission from time to time after the commencement of this Act prescribe a standard form of contract in relation to the hiring of films by distributors to exhibitors. Standard (3.) Every standard form so prescribed by the fcoonnntraocft to Governor in Council shall be notified in the Gazette and be notified shall, as from the date upon which it is so notified or from in Gazette. a later date to be specified in the notification and until it is varied or is superseded by a new standard form, be the standard form operative for the time being for the purposes of this Act.

PICTURE THEATRES AND FILMS. 331 1946. Picture Theatres and Films Act. PAR'I'V.-l1 S'I'ANDAlI.D FOB]( 01' ---------------------------------------------- ~ ~ ~ ~ ~ : . (4.) Upon the date of the commencement of this 'l'Hx=a 011' Act every contract for the hiring of films by a distributor Standard to an exhibitor ma.de before the said date shall be ~ ead ~ o~ ~ and construed subJect to the standard form prescrIbed ei~ling in the Schedule to this Act, and in so far as the terms and contracts. conditions of any such contract purport to negative or are inconsistent with any of the terms or conditions of such standard form they shall not be binding either on the distributor or on the exhibitor. 15. (1.) The standard form prescribed in the Variation, Schedule to this Act or any standard or new standard ~3~ form prescribed by the Governor in Council on the form of recommendation of the Commission may be varied at contract. any time by the Governor in Council on the recom- mendation of the Commission. Moreover upon application made in that behalf by any association or associations for the time being recognized by the Commission as representative of distributors, or by any association or associations for the time being recognized by the Commission as representa- tive of exhibitors, or by any distributor or exhibitor known to the Commission to be not represented by an association as aforesaid, the Governor in Council on the recom- mendation of the Commission may, at any time, vary any standard form to such extent as it deems just in the circumstances. (2.) Any variation so made shall be notified in the Variation Gazette and the standard form as so varied shall, as to 1?e . from the date upon which such notification is published G~~~ . in the Gazette or from a later date to be specified in the ' notification and until a further variation is made, or the standard form as varied is superseded by a new standard form, be the standard form operative for the time being for the purposes of this Act. 16. (1.) Every contract for the hiring of films by a Contracts to distributor to an exhibitor entered into while a standard comply with form is for the time being operative shall be read subject : ~~d:d to such standard form and insofar as the terms and contract. conditions of any such contract purport to negative or are inconsistent with any of the terms or conditions of such standard form they shall not be binding either' on the distributor or on the exhibitor.

332 PICTURE THEATRES AND FILMS. PARTV.- STANDARD FOB.![ OF CONTRACT IN RELATION TO THE HmING OF FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, (2.) No contract entered into while a standard form Contracts not to be affected by variations, &c., in standard form of contract. of contract is for the time being operative shall be affected by any variation thereafter made in that standard form of contract or by the fact that a new standard form has thereafter become operative. Notice, &c., 1 7. The Commission shall, not less than fourteen of hearing. days before recommending to the Governor in Council that the standard form of contract be varied or be superseded by a new standard form of contract, notify each of the associations mentioned in subsection one of section fifteen and each of the distributors and exhibitors known to the Commission to be not represented by any of such associations. Such notice shall specify a place, date, and time where and when representatives of such associa- tions and of such distributors and exhibitors shall be entitled to be heard by the Commission in the matter. Commission 18. The Commission shall conduct an inquiry for ~ o m~ ~ e d the purpose of obtaining such information as may be IrneqcUoml.l' - les an necessary t 0 enabel ' 1 t t 0 exerCI"se t 1 s powers, dutl' es, mendation. authorities and functions under this Part of this Act and shall hear those parties entitled to be heard pursuant to section seventeen. The Commission shall make such recommendation as shall (due regard being had to the PARTVI.- public interest) seem to it to be fair and equitable. HEARING AND DETER- MINATION OF DISPUTES D~ S~ ~ : : : oRS PART VI.-HEARING ,AND DETERMINATION OF DISPUTES EXH~ :I~ ORS. BETWEEN DISTRIBUTORS AND EXHIBITORS. Reference to 19. (1.) In case of dispute between a distributor Commission. and an exhibitor with respect to the exercising by such exhibitor of the right to reject films conferred upon him by this Act or with respect to the meaning of, or any right or liability of either such distributor or such exhibitor under or pursuant to, any term or condition of any standard form of contract or any contract subsisting between them, such distributor or exhibitor may refer such dispute to the Commission for hearing and determination. Form of reference. (2.) Every reference under this section shall be in writing signed by the distributor or exhibitor making the same or by his solicitor or agent, shall contain or be accompanied by particulars in writing of the nature of

PICTURE THEATRES AND FILMS. 333 1946. PART VI.- Picttlre Theatres and Films Act. HEARING AND DIliTER- ------------- - - - - - - - - - - - MI D N I A S T P I U O T N ES OF the dispute, including the facts, if any, in dispute, DI~ ~ ~ ~ RS and a summary of the evidence to be adduced by such EX~:r~ORS. distributor or, as the case may be, exhibitor at the hearing thereof by the Commission. (3.) The Commission shall notify the other party Notice of to the dispute of such reference and of the nature of the reference. dispute, including the facts, if any, in dispute, as alleged therein and shall by such notice require him, within such time as is specified therein to deliver to the Commission a reply in writing signed by him or by his solicitor or agent. Such reply shall contain or be accompanied by an admission or denial in writing of the facts, if any, alleged by the reference to be in dispute and a summary of the evidence to be adduced by such other party at the hearing of the reference by the Commission. (4.) Upon receipt of the reply the Commission shall~earing of fix a place, date and time for hearing the dispute and dISpute. shall notify the parties in writing of the place, date and time so fixed. (5.) The decision of the Commission shall be in Decision of writing and a copy thereof shall be delivered to the Commission. distributor and the exhibitor who were the parties to the dispute in question. Such decision shall in respect of the facts, if any, in Decision ': dispute be final and without appeal to any court or ! : ~ ~ to tribunal whatsoever. dispute. PART VIl.-REGISTRATION OF CONTRACTS FOR THE HIRING OF FILMS. PARTVII.- REGIS- TRATION OF CONTRAOTS FOR THE HIRING OF ]'ILMS. 20. (1.) Every distributor shall register every Registration contract for the hiring of films by him to an exhibitor of contracts. with the Director within thirty days after the making thereof. (2.) Registration of any such contract shall be Method of effected by producing to the Director, or to an officer ofregistration. his department authorized by him in that behalf, the original contract and by depositing with the Director or such officer a duplicate original or true copy thereof. When registering a contract the distributor shall pay to the Director or such officer the prescribed regis- tration fee, which registration fee may be so prescribed. upon such basis as the Governor in Council shall think fit.

334 PICTURE THEATRES AND FILMS. PARTVII.- REGIS- TRATION OF CONTRACTS FOR THE HrRrNGOF FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, The Director 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 true copy thereof in the Departmenta1 records and endorse upon the original a certificate of registration and return same to the distributor. Late (3.) A distributor may register as aforesaid any registration. 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 regis- tration fee, pay to the Director 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. Contract not (4. ) No such contract tendered in evidence by or registered on behalf of any distributor in any court in any proceed- : - : : i~ ~ ~ ~ : ed ings (except criminal proceedings) shall be admitted in hr . evidence unless and until the same is registered as herein- ~: ~~ b~ r before in this section prescribed, but this subsection admitted. shall not prejudice any right which an exhibitor may have to t.ender and have admitted in evidence any such contract. Contracts between exhibitor and distributor made after the intro- duction of Bill for this Act. 21. Notwithstanding the foregoing provisions of Parts IV. to VII. (being sections ten to twenty), inclusive, every contract made between an exhibitor and a distributor in regard to any act, matter, or thing contained in the aforesaid Parts of this Act and made subsequent to the date when the Bill for this Act was read a first time in the Legislative Assembly, shall, if any such contract contains any term, provision, or condition which would be contrary to any provision of such Parts of this Act when such Act is proclaimed in force, on application by either party to any such contract be subject to a review by the Commission; and if the Commission is satisfied that such contract was not fair and equitable it may cancel such contract or make such adjustment therein as it shall consider fair and equitable under the circumstances. Any such decision shall be final and conclusive and without appeal.

PICTURE THEATRES AND FILMS. 335 1946. Picture Theatres and FilAns Act. PART VIII.-REGULATIONS. PART VIII.- REGULATIONS. 22. (1.) The Governor in Council may from time Regulations. 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. Such regulations may be made on the passing of this Act. (2.) Upon publication in the Gazette every regulation Regulations made or purporting to be made under this Act shall be ~~ ~ ~hed in judicially noticed. Gazette, &c. 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. 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 shall 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. THE SCHEDULE. SCIlJilDULE. Section 14. STANDARD FORM OF CONTRACT. Agreement made between the distributor named in the Schedule hereto of the one part and the exhibitor named in the said Schedule of the other part whereby it is agreed as follows :- 1. (1.) The exhibitor's signature to the said Schedule shall Formation constitute an offer to hire the film or films specified in the Schedule of contract. on the terms of the agreement.

336 SCHEDULE. PICTURE THEATRES AND FILMS. Picture Theatl'es and Films Act. 10 GEO. VI. No. 12, (2.) Such offer shall (notwithstanding subsequent negotiations between the distributor and exhibitor) be irrevocable by the exhibitor and capable of acceptance by the distributor for twenty-one days after the signing of the offer by the exhibitor unless the distributor before the expiry of such period rejects the offer. (3.) Acceptance of the offer may and shall be made by the distributor before the expiry of such period by forwarding to the exhibitor a copy of the said offer signed by the managing director, general manager, general sales manager, secretary, district or brar:ch manager, or officer authorised in writing to accept offers to hire films. (4.) In consideration of the offer remaining irrevocable as above provided the distributor shall not, while the offer is irrevocable, negotiate with any other exhibitor for the exhibition of any of the film which is the subject-matter of the offer in any of the picture theatres specified as opposition picture theatres in the Schedule, and the offer shall be deemed to be rejected if and when the distributor does so negotiate with any such other exhibitor, (5.) Any film or advertising matter supplied to the exhibitor before acceptance of the offer shall be deemed to be supplied pursuant to the agreement if the offer is accepted, but if the offer is not accepted such film or advertising matter shall be deemed to have been hired upon such of the terms of the agreement as may be applicable. No 2. The agreement shall not constitute a partnership between the partnership. parties hereto, Period of hire. 3. The period during which the hiring under the agreement hereinafter referred to as the " period of hire" shall extelld shall be the period set out in the Schedule, but where there is allY right or duty in or on either party which cannot be exercised or performed within such period such right or duty may be exercised or performed as soon as practicable after the expiration or termination of the period. Additions to 4. Any addition to the agreement may be made by either party agreement with the consent of the other, provided that such addition is not Inay be inconsistent with the terms, save such as contain the words "unless made. otherwise agreed" or words to a similar effect, of the agreement. Any such addition shall be inserted in the Schedule. Exhibitor cannot assign or transfer agreement. 5. (1.) The agreement shall not be assigned, transferred, or otherwise disposed of by the exhibitor to any other person without the written consent of the distributor which shall not be arbitrarily or capriciously withheld. (2.) The distributor may attach as a condition of his consent that the other person shall have agreed in writing with the distributor to carry out the agreement. (3.) Notwithstanding such consent, the exhibitor shall remain liable to the distributor under the agreement unless the distributor has released the exhibitor in writing. Specifica- 6. (1.) Film may be specified in the Schedule by title and/or tion of film description so as to be identifiable or may be specified by numbers in Schedule. according to trade groups, or may be specified partly by title and/or

1946. PICTURE THEATRES AND FILMS. Pict1lre Theatres and Films Act. 337 SCHEDULE. description and partly by numbers according to trade groups. When film is specified by title and/or description the title and/or description or particulars of such film to be furnished in columns (1) and (2) in the Schedule shall be not less complete than the title and/or description or particulars of the film given by or on behalf of the distributor to the exhibitor in the course of the negotiations for the hire of the film. (2.) The distributor may change or vary the title of any film, the Distributor subject of the agreement. may alter title. (3.) Any film which has been exhibited in the State of Queensland Re.issue to in a season prior to the season to which the agreement relates shall be be specified specified in the Schedule by title and description. This provision ~ y ti~ le ~d shall not apply to a new version of the film. n~ : CrlptlOn applicable to a new version. 7. (1.) The film hired and supplied under the agreement shall Hire and include titles, leaders, preambles, announcements, and credit titles supply of and other matter which may be necessary for the interpretation of film. the film. (2.) (i.) The distributor will hire and supply to the exhibitor the film which is the subject of the agreement, for exhibition at the picture theatre or picture theatres for the number of days and at the rate of hire specified in the Schedule, and on the date or dates to be notified to the exhibitor as provided in Part IV. of the Act. (ii.) The distributor shall not supply the same film for exhibition Exhibition in an opposition picture theatre specified in the Schedule hereto on ir;t oPP?si- the same date or dates of exhibition unless such film has been rejected : ~ n fcture by the exhibitor pursuant to Part IV. of the Act. ea res. (3.) The exhibitor will take on hire from the distributor the film, Exhibition which is the subject of the agreement, for exhibition on the number of film. of days and at the rate of hire specified in the Schedule, and on the date or dates notified as provided in Part IV. of the Act, and will exhibit such film at the picture theatre or picture theatres specified in the Schedule. and will not exhibit such film nor allow nor suffer such film to be exhibited or used except as provided under clause twelve of the agreement at any other place or at any time not authorised by the agreement or to be broadcast or televised without the written consent of the distributor. 8. If. the distributor is unable during the period of hire to make Film to be available film specified by title and/or description in the Schedule, made which has generally been exhibited in the country of origin in the availa?le season corresponding to the season stated in the Schedule, and such foll? ~ ~ 1 1.1:. film becomes available to the distributor in the next succeeding season in Queensland, the distributor shall offer in writing such film to the exhibitor on the same terms as would have applied if the film had been supplied during the period of hire of the agreement. If the exhibitor is agreeable to accept the offer, he shall give notice of his acceptance within three weeks of the receipt of the offer, and if he fails to give

338 SCHEDULE. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, such notice he shall be deemed not to have accepted the offer. Non- acceptance of the offer shall not be deemed to be an exercise by the exhibitor of his right of rejection provided in Part IV. of the Act. All available 9. Unless otherwise agreed if the agreement provides for the film to be supply of mm not specified in the Schedule by title or description, the offered where distributor shall make available for selection by the exhibitor all the 0: film ~ o~ b mm which the distributor has acquired for exhibition in the season ~ ft~ ~ y stated in the Schedule and which generally in his agreements with description. exhibitors in the State of Queensland are not specified by title or description. Distributor 10. If the distributor is unable or believes that he will be unable, may offer during the period of hire, to make available any mm specified in the f s i u lm bs . titute Slictihgeadtuiolen, obrectahurseeatoefneldossl,itidgeasttirouncticoonn,ceorrninmgatceoripaylridgahmt aogre, poartenoft rights, or of failure on the part of the producer to produce the mm ,or to deliver it to the distributor, or for any cause beyond the control of the distributor, then the distributor shall not be liable or be deemed in default for failure to supply such mm, but shall, as soon as he becomes aware that he is unable or believes that he will be unable to make such mm available, notify the exhibitor accordingly, and may offer other mm in substitution for such mm. If the exhibitor is agreeable to accept the offer, he shall give notice of his acceptance within three weeks of the receipt of the offer, and if he fails to give such notice he shall be deemed not to have accepted the offer. Non- acceptance of the offer under this clause shall not be deemed to be an exercise by the exhibitor of his right of rejection provided in Part IV. of the Act. Exhibitor no 11. If the distributor is unable or believes that he will be unable, right to film because of any of the causes mentioned in the preceding clause to acquired for make available to the exhibitor sufficient mm for the fulmment of anothe~ the agreement, the exhibitor shall not have any right under the ~: : : o~ / : hort agreement to require the distributor to make available film acquired supply. for a season other than the season to which the agreement relates. Substitution 12. (1.) If a film is not received by an exhibitor in time for where film exhibition on the exhibition date or the first of the exhibition dates not received. he may substitute for such mm any mm from the same distributor then lawfully in his possession: Provided that he shall not retain for this purpose a mm which he is required to despatch to the next exhibitor or return to the distributor unless he is unable to despatch or return the mm owing to a general cessation of the means of transport. (2.) The exhibitor shall as soon as possible advise the distributor, in writing, particulars of the exhibition of a substitute mm under this clause and such information as is necessary to enable the distributor to calculate the hire payable. Whe e fil 13. Film first exhibited in city picture theatres, shall be released is to ~ e mr::de for exhibition at picture theatres in the City of Brisbane other than available for city picture theatres not later than eight weeks after the last exhibition exhibition in in first release city picture theatres. For the purposes of this subclause, ~ f~ rp~ ~ an e subclause four of clause thirty-nine and subclause one of clause theatre~. ur forty-one of the agreement, the term" city picture theatres" shall have the meaning assigned to it in Part IV. of the Act.

1946. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 339 SOHEDULE. 14. (1.) If the exhibitor- (i.) After notice in writing fails to carry out the provisions Suspen~ ion 0: of the agreement as regards payment of moneys due, o!," termma- furnishing returns, insurance, access to the picture theatre ~ oen by and records, copyright, ceasing exhibition on notice so to e~ hl~ itor. do, purpose, manner, time or place of exhibition, observance of Acts and by-laws or broadcasting; (ii.) Is guilty of persistent breaches of the agreement; (ill.) Is guilty of any breach going to the root of the agreement; (iv.) Becomes insolvent or is adjudicated bankrupt or executes an assignment for the benefit of his creditors, or in the case of a company goes into liquidation (except for recon- struction), or suffers a receiver to be appointed; or (v.) Either voluntarily or by operation of law loses control of the picture theatre or the majority of the picture theatres covered by the agreement, so that film cannot be exhibited there under the agreement, the distributor, at his option, may by notice in writing either- (a) Suspend delivery of all film to be supplied under the agree- ment and/or under any other agreement or agreements (if any) between the distributor and the exhibitor for the supply of film by the distributor to the exhibitor until such default shall cease or be remedied; or (b) Terminate the agreement and all or any of such last- mentioned agreements. (2.) If the distributor duly suspends delivery under this clause he may, upon notice by him, reduce the number of films to be supplied by the number which, in the ordinary course, would have been exhibited during the period of suspension. 15. (1.) If the distributor- (i.) After notice in writing fails to carry out the provisions of SUl'Ipension the agreement as regards the supply of film or its condition o!," terro,ina- or the priority of supply where such priority is provided; tbrloenac°hnb y (ii.) Is guilty of persistent breaches of the agreement; distributor. (ill.) Is guilty of any breach going to the root of the agreement; the exhibitor, at his option, may by notice in writing either- (a) Suspend the acceptance of all film to be supplied under the agreement, and/or under any other agreement or agree- ments (if any) between the distributor and the exhibitor for the supply of film by the distributor to the exhibitor until such default shall cease or be remedied; or (b) Terminate the agreement and all or any of such last- mentioned agreements. (2.) If the exhibitor duly suspends the acceptance of film under this clause, he may, upon notice by him, reduce the number of films to be supplied by the number which in the ordinary course would have been exhibited during the period of suspension.

340 PICTURE THEATRES AND FILMS. SCHEDULE. Notice of suspension ortennina- tion of agreement. Picture Theatres and Films Act. 10 GEO. VI. No. 12, . 16. A notice of suspension or termination shall take effect immediately upon service of the notice. Impossi- 17. (1.) If by reason of any present or future legislation, or of bilityof any action based upon any present or future legislation, whether of berfonnance the Commonwealth or of any State of the Commonwealth or any State dIstributor. or country outside the Commonwealth, or by reason of war, strikes, public disorders, or abnormal conditions attaching to foreign exchange, the distributor considers it is not commercially practicable to carry out the agreement and his other film agreements in the Common- wealth or (if the disability exists in the State of Queensland) in that State, then the distributor may terminate the agreement upon not less than one month's notice, provided that all his other current film agreements in the Commonwealth or in the State of Queensland (as the case may be) are terminated within one month of the termination of the agreement. (2.) Notwithstanding such termination, the distributor shall supply such mm the subject of the agreement as is then in the Common- wealth and which he can legally supply without breach of contract. Impossibility 18. (1.) If by reason of any present or future legislation or of ofperform- any action based upon any present or future legislation, whether of :: ~ b~ lor. the Commonwealth or of any State of the Commonwealth 01' of any State or country outside the Commonwealth, or by reason of war, strikes, public disorders, or abnormal conditions attaching to foreign exchange, the exhibitor considers it is not commercially practicable to carry out the agreement and his other film agreements in the Commonwealth or (if the disability exists in the State of Queensland) in that State, then the exhibitor may terminate the agreement upon not less than one month's notice, provided that all his other film agreements in the Commonwealth or in the State of Queensland (as the case may be) are terminated within one month of the termination of the agreement. (2.) Notwithstanding such termination, the exhibitor shall exhibit all film the subject of the agreement as is then in the Commonwealth and which he can legally exhibit without breach of contract. eDxuhtiibeistoorf on of th 1 e 9 a . g ( r 1 e . e ) mIemnmt tehdeiaetexlhyibuitpoor nshtahlel-due suspension or termination suspension or tennination. (i.) Pay all hire and other moneys due or which in the ordinary course would have become due if the agreement had not been terminated or suspended; (ii.) Give all such information as may be required under the agreement to enable the distributor to ascertain or assess the amount of hire or moneys payable. (2.) Notwithstanding such suspension or termination- (i.) The exhibitor shall forthwith return to the distributor each mm and/or advertising matter which are or should be in the exhibitor's possession and to the possession of which the distributor is entitled and failing such return the

1946. PICTURE THEATRES AND FILMS. Pictu1-e Theat1-es and Films Act. 341 SCHEDULE. distributor may enter upon or break into any premises in the possession or control of the exhibitor in order to search for and take possession of any such film or advertising matter; (ii.) The distributor shall have the same right of access to the exhibitor's business records as if the agreement continued in full force ; (ill.) No cause of action already accrued shall be prejudiced except so far as the agreement herewith expressly provides. 20. (1.) (i.) If the picture theatre to which the agreement applies Suspension is destroyed or so damaged as to be unfit for use for public entertain- o! termina- ment, or if the picture theatre is closed by action of law caused by tlOn of t no act or default of the exhibitor, then the agreement shall upon written ~ r~ r= e of notice thereof being given by the exhibitor to the distributor be picture deemed to be suspended until such time as the picture theatre shall theatre. again become fit for such use or may again lawfully be opened for public entertainment. During the period of such suspension the number of films to be supplied under the agreement shall be reduced by the number which would have been exhibited in the picture theatre during the period of closure. (ii.) The exhibitor shall not be entitled to suspend the agreement because of closure of the picture theatre on a closed holiday. (2.) In the event of exhibition in the picture theatre not being resumed within two months after such destruction, damage, or closure the distributor may, by giving the exhibitor notice in writing, terminate the agreement. Any such termination pursuant to this clause shall be without prejudice to the rights of the distributor or the exhibitor in respect of any matter then outstanding between them under the agreement. (3.) Nothing in this clause shall be deemed to prevent the exhibitor agreeing to the termination of the agreement, or to prevent the distributor and the exhibitor from agreeing in writing to the temporary application of the agreement to another picture theatre. SUPPLY, DELIVERY AND PROTECTION OF FILM. 21. (1.) Film shall be supplied by the distributor to the exhibitor Supply of in such good order and condition as will enable a satisfactory exhibition film in good to be given, and shall be of the standard form and size and shall have ord~ ~d been passed by the Commonwealth censor. con ItlOn. (2.) The distributor shall, except in the case of a silent film, supply with the film discs, records, sound tracks, and other devices necessary to reproduce sound on reproducing equipment in synchroni- sation with the film, and spools, containers, trunks, straps, and like accessory equipment. 22. (1.) The distributor may deliver film to an exhibitor in the Delivery of City of Brisbane at his picture theatre, or may make film available to film. t? him at the exchange of the distributor, or at some other place in the exhlbItor. City of Brisbane to be determined by the distributor, in sufficient time to allow exhibition of the film on the date or the first of the dates of exhibition.

342 SCHBD11LB PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, (2.) Except in the case of film sent on circuit, the distributor shall deliver film to an exhibitor outside the City of Brisbane by despatching it properly packed and addressed by such means of transport as the distributor may determine so that the film will reach the exhibitor in sufficient time to allow the exhibition of the film on the date or the first of the dates of exhibition. (3.) (i.) In the case of film sent on circuit the distributor shall deliver, or instruct some other person to deliver, to the first exhibitor, and each exhibitor shall deliver to the next exhibitor such film by despatching it properly packed and addressed by such means of transport as the distributor may determine, so that film will be received by each exhibitor in the circuit in sufficient time in each case to allow the exhibition of the film on the date or the first of the dates of exhibition. (ii.) Each exhibitor shall obey such instructions of the distributor as may be necessary to give effect to this clause. (4.) If the distributor has taken all reasonable means to deliver film in accordance with this clause, he shall not be liable for damages or be deemed to have made default if the film should not reach the exhibitor in due time. (5.) The exhibitor shall accept delivery of each film in the container in which it is delivered to him and despatch it to another exhibitor or return it to the distributor in such container. Return of film. 23. (1.) The exhibitor shall, immediately after the last date of exhibition of any film, return such film to the distributor in such manner as the distributor may direct in the same order and condition as when supplied, fair wear and tear only excepted. (2.) All damaged film capable of being returned shall be returned by ordinary means of transport as soon as possible to the distributor at his place" of business in Queensland from which it was received. (3.) For all purposes of the agreement film shall be deemed to be returned only if and when the exhibitor in the customary manner or in accordance with the reasonable directions of the distributor promptly- (i.) Returns it during ordinary business hours to the distributor at his place of business in Queensland from which it was supplied; or (ii.) Despatches it properly packed and addressed to such person and place as the distributor shall from time to time direct. (4.) In the case of a picture theatre in the City of Brisbane the film shall be returned during ordinary business hours and before 10 a.m. on the morning following the exhibition on the last of the exhibition dates in the picture"tlieatre unless otherwise directed by the distributor. Where the date or the last date is a Saturday, the film shall be returned before 10 a.m. on the following Monday. Switching. 24. (1.) If it is agreed that film is to be exhibited at two picture theatres specified in the Schedule on the same exhibition date, the distributor may direct the exhibitor to send such film to the exhibitor named in the direction and to accept any film which the distributor

1946. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 343 SCHEDULE. has directed some other exhibitor to send to him, provided that reason· able arrangements can be made to exhibit the film in each picture theatre without interruption in the presentation of the programme in either picture theatre other than by the interval. (2.) Unless otherwise agreed no expense in sending such film from one picture theatre to the other picture theatre under this clause shall be borne by the exhibitor. 25. Film shall be deemed to be in the possession of the exhibitor Film in and at his risk from the time when the film has been delivered to the exhibitor's exhibitor or his accredited representative, or has been despatched to possessio!'1 the exhibitor in manner directed by the agreement until such time as a! ' 1~ at hiS the film is despatched to the next exhibitor in the circuit or returned riB. to the distributor in manner directed by the agreement. 26. (1.) Except where otherwise provided in the agreement, the Film not to exhibitor shall not permit film to be out of his possession during the leave time when he is required by the agreement to be in possession of such possession film. of exhibitor. (2.) The distributor may take possession immediately of film supplied by him which is used contrary to the agreement or with the possession of which the exhibitor has parted contrary to the agreement. 27. (1.) The exhibitor shall, at the commencement of and during Insurance by the whole period covered by the agreement, insure and keep insured exhibitor. in the name of the distributor for his rights and interests against such risks as shall be agreed between the distributor and the exhibitor (but which shall in any case include risk of loss, theft, destruction, or damage While in the exhibitor's possession) all film in the exhibitor's possession at anyone time in their full insurable value, but in any event in the sum of not less than nine hundred pounds, and shall produce evidence to the satisfaction of the distributor that such insurance has been effected. Nothing in this clause shall preclude the exhibitor from including in such insurance the name of any other distributor for his rights and interests. (2.) Upon failure of the exhibitor at any time to produce evidence Distributors if so required that the insurance required by this clause has been may insure. effected, the distributor may insure in his own name an film to be supplied under the agreement, and the cost of such insurance shall be payable immediately by the exhibitor to the distributor. 28. The exhibitor shall not have any property in any film hired Ownership. under the agreement. 29. (1.) Immediately the exhibitor knows of the loss,. theft, Notice of destruction of, damage to, or defect in, any film, he shall notify the loss or distributor of such loss, theft, destruction, damage, or defect by damage. telephone, confirmed by letter, if the picture theatre is in the City of Brisbane, and otherwise by telegram, confirmed by letter. (2.) Unless notice of any damage or defect in any film, and the details thereof, have been given to the distributor before the first public exhibition of the film by the exhibitor, such film shall be deemed to have been received by the exhibitor in good order and condition, and the exhibitor shall be liable for any damage or defect which exists when the film is returned:

344 SCHEDULE. PICTURE THEA'fRES A~ D FILMS. Picture Theatres and Films Act. 10 GEO. VI. No). 12, Provided that if there has been no reasonable opportunity of examination before the first public exhibition of such film in the picture theatre, such notice may be given immediately it is possible to do so after such exhibition. (3.) On request by the distributor the exhibitor shall supply a statutory declaration setting out in detail, so far as it is possible for the exhibitor to do so, the cause and manner of the loss, theft, destruction of, or damage to any film. Condition of 30. (1.) The exhibitor shall use only reproducing equipment in equipment. satisfactory order and condition for the purpose of exhibiting any film supplied subject to the agreement, and he shall maintain the repro- ducing equipment in such good order and condition as will enable a satisfactory exhibition to be given. (2.) The exhibitor shall not allow any person to operate the reproducing equipment unless such person is competent, and, if required by law, is duly licensed to do so. For the purpose of this and the next succeeding clause, reproducing equipment includes projection and sound-producing machines and rewinding apparatus, with all accessory fittings and equipment. Right of 31. (1.) The distributor or any person authorised by the inspection distributor shall have access to the picture theatre for the purpose of dbiystributor. ietxiasmiinnainsgaftiilsmfacatnodryrecpornoddiuticoinn. g equipment, and determining whether (2.) The exhibitor shall give to the distributor or such person all reasonable facilities to enable such examination and determination to be made, and shall not impede or permit any other person to impede such access, as is provided for in this cIause. Such access may only be required at reasonable times. (3.) The exhibitor shall, as soon as possible, comply with such reasonable requirements of the distributor or such person with reference to the reproducing equipment, its repair, condition, and operation as are necessary for the satisfactory exhibition of films, and shall forthwith thereafter forward to the distributor or such person a certificate of completion of such requirements. (4.) During any period of default in complying with such require- ments, the distributor may refuse to supply any film for exhibition in the picture theatre, or may prohibit such exhibition, and the exhibit0r shall not exhibit any film contrary to such prohibition and shall exhibit any such film on such later dates as may be fixed by the distributor. Report of 32. The exhibitor shall, if so required by the distributor, as soon condition as possible after the receipt of film, report the condition of the film to of film. the distributor in the form prescribed by the distributor. Supply of advertising matter. ADVERTISING. 33. The distributor may sell or hire and supply to the exhibitor advertising matter relating to film which is the subject of the agreement. Delivery of 34. (1.) The distributor may deliver advertising matter to an advertising exhibitor in the City of Brisbane at his picture theatre or may make it matter. available to him at the exchange of the distributor or at some other place in Brisbane to be determined by the distributor.

1946. PICTURE THEATRES AND FILMS. Picttl,re Theatres and Films Act. 345 SOHEDULE. (2). Except in the case of advertising matter relating to film sent on circuit, the distributor shall deliver to an exhibitor outside the City of Brisbane advertising matter by despatching it properly packed and addressed by such means of transport as the distributor may determine. (3.) (i.) In the case of advertising matter relating to film sent on circuit, the distributor shall deliver or instruct some other person to deliver to the first exhibitor, and each exhibitor shall deliver to the next exhibitor such advertising matter by despatching it properly packed and addressed by such means of transport as the distributor may determine. (ii.) Each exhibitor shall obey such instructions of the distributor as may be necessary to give effect to this clause. (4.) Advertising matter to be delivered or made available in accordance with this clause shall be delivered or made available in sufficient time in each case to allow the film to which it relates to be advertised as provided in clause thirty-nine of the agreement. (5.) If the distributor has taken all reasonable means to deliver advertising matter in accordance with this clause he shall not be liable for damages or be deemed to have made default if the advertising matter does not reach the exhibitor in due time. 35. (1.) The exhibitor shall, as soon as possible after the last use Return of of advertising matter which is to be returned to the distributor or advertising despatched to ,the next exhibitor, return it to the diatributor or d: : ~ ~ ~ despatch' it to the next exhibitor in such manner as the distributor or d:! s:a~ h may direct. to next (2;) Advertising matter shall be deemed to be returned only if exhibitor. and when the exhibitor in the customary manner or in accordance with the reasonable directions of the distributor- (i.) Returns it during ordinary business hours to the distributor at his place of business in Queensland from which it was supplied; or (ii.) Despatches it properly pack~ and addreesed to such person and place as the distributor shall from time to time direct. 36. Advertising matter which is to be returned to the distributor Advertising sha.ll be deemed to be in the possession of the exhibitor and at his matter in risk from the time when such advertising matter has been delivered exhibi1i?r's to the exhibitor or his accredited representative, or has been PO~ 81~ despatched to the exhibitor in manner directed by the agreement, ~ ~ k. a until such time as it is despatched to the next exhibitor in the circuit , or returned to the distributor in manner directed in the agreement. 37. (1.) Except where otherwise provided in the agreement, the Advertising exhibitor shall not permit advertising matter to be out of his possession matter not except for the purpose of returning it to the distributor. to leav~ f posseSSIOn 0 (2.) The distributor may take possession immediately of exhibitor. advertising matter supplied by him which is used contrary to the agreement or with the possession of which the exhibitor has parted contra.ry to the agreement.

346 SCHEDULE. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, Exhibitor has no property in advertising matter. 38. The exhibitor shall not have any property in any advertising matter hired under the agreement. How 39. (1.) The exhibitor shall, before and during the exhibition of exhibition the film, reasonably advertise it at his expense by advertisement obadef vfielrmtisiesdt. o aindvaertinseiwngspmapaetreriaanl dw/ohrichbyshtahlle beexhoibbtiatiionned offropmosttehres dainstdriboutthoerr, where available, provided that the distributor is willing to supply it on reasonable terms and/or advertise it in other reasonable ways. (2.) The exhibitor shall, in all advertising, display reasonably prominently the censor's classification and the trade mark of the producer or distributor of film, and shall give such relative prominence to the stars, producers, directors, and such others as the distributor directs. (3.) The exhibitor shall not use any advertising matter which is contrary to law, or is offensive, or to which the Commonwealth censor objects, or to which the distributor reasonably objects. (4.) Except in the case of the exhibition of film in city picture theatres, advertising shall not commence earlier than fourteen days after the last exhibition date of the film in the first release city picture theatre or picture theatres. (5.) The exhibitor shall not alter advertising matter provided by the distributor nor allow such advertising matter out of his possession except with the authority of the distributor. (6.) The exhibitor shall not use or allow to be used advertising matter except for the purpose of advertising the film to which it relates in connection with its exhibition at the picture theatre of the exhibitor. FINANCIAL. Payments. 40. (1.) Subject to the right of the distributor to require payments in advance for hire and other charges or to require security for hire and other charges- (i.) Hire shall be due and payable by the exhibitor to the distributor- (a) Within seven days of the date of exhibition, or if the dates of exhibition do not exceed one week within seven days of the last date of exhibition of the film; (b) If the dates of exhibition exceed one week, seven days after the conclusion of each week or part of a week. Payment for advertising matter. (ii.) The amount payable on account of advertising matter shall be due and payable by the exhibitor to the distributor within seven days after the delivery of such advertising matter. Payment in advance or security for hire. (ill.) The distributor may, in any case in which he deems it desirable for the protection of his business, require the exhibitor to pay hire and other charges, or to give security in cash or otherwise for the payment of hire and other charges, before the delivery of film or advertising material, or at any time during the exhibition of film. Such security may be realised and appropriated by the distributor in or

1946. PICTURE THEATRES AND FILMS. Picture Theatres and Filims Act. 347 SOHBDULE. towards the hire of the film and/or purchase or hire of the advertising matter relating to such film and any other moneys due to the distributor by the exhibitor under the agreement. Any surplus remaining shall forthwith be repaid to the exhibitor. (iv.) The hire payable for each exhibition of a substitute film under clause twelve of the agreement shall be the ordinary - hire payable for its exhibition. (2.) All payments to be made by the exhibitor to the distributor Payment shall be made free of exchange to the distributor a.t his place of business free of or to such other person as he may direct. exchange. (3.) The amount of stamp duty payable by the distributor on the Stamp duty. original and one copy of the agreement shall be refunded by the exhibitor to the distributor within seven days after the exhibitor shall have received advice from the distributor of the amount of such sta.mp duty. (4.) (i.) The exhibitor shall pay the costs of delivering film and Freight advertising matter under the agreement and of returning such :film. charges. and advertising matter required to be returned. (ii.) All freight charges and other costs and charges payable in respect of film shall be paid with the first payment on account of hire or as directed by the distributor in any case where payment of hire in adva.nce is required to be made or security is required to be given and in respect of advertising matter when the price or hire of the advertising matter is payable, or as directed by the distributor in any case where payment of hire in advance is required to be made or security is required to be given. If the exhibitor fails to pay such freight charges and other costs and charges, the distributor shall be excused from delivering the film and/or advertising matter. Film or advertising matter may be forwarded freight payable by consignee on delivery. 41. (1.) Where the picture theatre is not a city picture theatre Reductions within the meaning ofPart IV. of the Act, but is in the City ofBrisbane, an~ a reduction of ten per cent. shall be made in the hire of any film if such 11~ ~ents film has not been released for exhibition in the picture theatres in ~ ed: O~ i~ n of the City of Brisbane other than city picture theatres earlier than the ten per cent. maximum time prescribed in clause thirteen of the agreement. (2.) An adjustment of the total hire payable by the exhibitor Adjustment under the agreement shall be made by the distributor if he has been of hire where unable to supply the exhibitor with sufficient film for the fulfilment film ~ : : r of the agreement. The adjustment shall be ascertained and made as supp 1 • follows, namely- (i.) (a) Where the rates of hire are fixed rates the average rate of hire of the total number of films the subject of the contract shall be calculated which average rate of hire shall be multiplied by the number of films short supplied ; (b) The amount which would have been paid for the film short supplied had they been supplied in terms of the contract shall be calculated ;

348 SCHEDULE. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, (c) The difference between the amounts calculated under (a) and (b) hereof shall be debited or credited to the exhibitor according as the former amount is less or greater, respec- tively, than the latter. (ii.) Where rates of hire are partly fixed rates and partly percentages of gross receipts, or wholly percentages of gross receipts- (a) The average amount of hire paid for film supplied in each trade group shall be calculated; and (b) The adjustment of the total hire shall be made as if the rates of hire were fixed rates. (iii.) For the purposes of fuis subclause- (a) The term" films short supplied" shall mean the difference between the total number of films the subject of the contract and the sum of the number of films rejected and the number of films accepted by the exhibitor in terms of the contract; and (b) If the contract is for a greater period tha.n one season then the adjustment hereunder shall be made at the end of each season or part thereof included in the period of hire. Adjustment (3.) In the event of the picture theatre being closed for any of the of hire in causes mentioned in clause twenty (1.) (i.) of the agreement, the event of obligation of the exhibitor to the distributor in respect of hire shall be closure of picture theatre. ascertained as follows : - (i.) Where the rate of hire is a fixed rate, the amount of hire shall be in proportion to the number of dates upon which the film was exhibited to the total number of dates upon which the film was to be exhibited. (ii.) Where the hire is a percentage of gross receipts- (a) Without a guaranteed minimum amount of hire, the hire shall be the percentage of gross receipts of the exhibition of the film on the exhibition dates on which the film was shown ; (b) Where a guaranteed minimum amount of hire is specified and the percentage of gross receipts does not exceed the guaranteed minimum amount of hire and such guaranteed minimum amount is accordingly the amount of hire chargeable, the hire shall be ascertained as in paragraph one of this clause. Payment of (4.) The exhibitor shall be liable to pay the hire of any film which hire on he does not or fails to exhibit in terms of the agreement. Where hire failure by is calculated in whole or in part by percentage of gross receipts, the eexxhhiibbiitt.or to amount of hire payable shall be calculated on the average daily gross receipts for the day or days of the week, corresponding to the day or days of the week on which the exhibition date or exhibition dates fell, for the period of twelve weeks immediately preceding the week in which the exhibition date or exhibition dates fell: Provided that if a holiday on which the picture theatre was open and not being Saturday fell on any of the corresponding days in the period of twelve weeks, the gross receipts in respect of such day shall be deemed to be one-third of the actual gross receipts.

1946. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 349 SOIlllDULE. 42. Subject to subclause one of clause twelve, if the exhibitor Hire for exhibits or permits to be exhibited any film at a date or place otherwise una~ ~ h? rised than specified in the agreement he shall pay for each such exhibition exhIbItIon. four times the rate of hire specified in the Schedule, and where such hire is calculated in whole or in part by percentage of gross receipts, the hire shall be four times the hire calculated in accordance with subclause four of the preceding clause. 43. The exhibitor shall not be liable to pay hire for any film or any When charges in respect thereof where he does not or is prevented from exhi~ itor exhibiting such film in any of the events following, that is to say- not hable .to pay film hIre. (i.) If he has not received from the distributor notification of the exhibition date or exhibition dates in the prescribed time; or (ii.) If the film, through no negligence or default of the exhibitor, is not delivered in time for exhibition on the exhibition date or the first of the exhibition dates; or (ill.) If the film has not been supplied in proper condition for exhibition in the picture theatre; or (iv.) If the film supplied is not the film contracted to be supplied unless there is a prior agreement between the exhibitor and the distributor; or (v.) If the picture theatre is closed for any of the reasons set out in the agreement; or (vi.) If the agreement is lawfully suspended by the exhibitor by reason of any breach of the distributor. 44. (1.) For the purpose of ascertaining the amount of hire Exhibitor to payable in respect of any film where such hire is based in whole or in furnish part upon percentage of the gross receipts- returns. (i.) The exhibitor shall immediately after the last exhibition date of the film or at intervals stipulated by the distributor furnish to the distributor a statement in the form prescribed by the distributor of the daily attendances, gross receipts, and any other particulars required in or relevant to the calculation of hire, and such statement shall be certified to be correct by the exhibitor or the manager or other person authorised by the exhibitor; (ii.) The distributor, or any person authorised by the distributor not being a person known to the distributor to be interested in a picture theatre in competition with the exhibitor, shall have access to the picture theatre of the exhibitor, including the box office, during the exhibition of film; (iii.) The distributor, or any person authorised by the distributor not being a person known to the distributor to be interested in a picture theatre in competition with the exhibitor, shall have access during and at reasonable times after the exhibition of film to such of the books and records of the exhibitor or copies thereof as may be necessary to ascertain or verify attendances, gross receipts, or other particulars required in the calculation of hire, and shall have the right to take extracts from such books and copies of or extracts from such records.

350 Scm:DULB. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, (2.) The distributor or person authorised by him shall have and may exercise the rights provided in the preceding subclause in the case of default by the exhibitor or in exercising or protect~ g any right conferred upon him by the agreement. (3.) The distributor shall not disclose any information obtained by him in pursuance of this clause, except in or for the purposes of any proceeding arising out of the agreement, or in the exercise of any right conferred upon him by the agreement or by law. (4.) The exhibitor will not prevent or obstruct the distributor or person authorised by him in the execution of the rights conferred upon the distributor by this clause. (5.) If the exhibitor does not comply with this clause the distri- butor may assess the amount of hire payable, and such assessment shall be prima facie evidence of its accuracy in any proceedings. GENERAL PROVISIONS. Compliance 45. The exhibitor shall comply with all Acts applying to the with laws. exhibition or advertising of film, or picture theatres in whioh films are exhibited, and shall comply with all requirements of the censor as to the manner of advertising. Alternative remedies. Notices. 46. H a specific remedy for a breach is set out in the agreement, such remedy shall be in addition to and without prejudice to any other right or remedy of either party against the other in respect of such breach. 47. (1.) All notices to be given under the agreement shall be given in writing and sent by hand or prepaid post or prepaid telegram to the party to whom notices are to be given at his address appearing in the Schedule. (2.) Any such notice sent by post or telegraph shall be deemed to be received on the date when it would have been received in the ordinary course of post or telegraph. Limited copyright given. 48. The distributor warrants that subject as below provided he has the right to permit the exhibitor to exhibit the film and to display the advertising matter purchased or hired from the distributor, without lawful interference from any person having copyright therein, but the agreement shall not grant to the exhibitor, nor does this warranty extend to the right to perform in public any musical work included in the film. License from 49. The exhibitor warrants that at the time when he exhibits copyright each film he will have an effective licence from the person who controls holders. the right of public performance of all musical work included in the film. Indemnity 50. Each party will indemnify the other party against any claim ~or . in respect of infringement of copyright or of the right of public perform- 1rmge~ e: : ance if such claim arises by reason of a breach of the agreement by the o copyrlg • first-mentioned party. Notice to distributor of claim. 51. (1.) Upon the exhibitor becoming aware that any person claims or threatens to claim that the exhibition of any' film of the distributor by the exhibitor was, is, or will be an infringement of copyright or a libel or slander upon any person, the exhibitor will forthwith notify the same in writing to the distributor, and will, if the distributor so requests, permit the distributor, at the cost of the

1946. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 351 SOJIBDULB. distributor, and for these purposes to use the name of the exhibitor, if necessary, to defend, compromise, or otherwise deal with any such claim or threatened claim as the distributor may think fit. (2.) The exhibitor shall give to the distributor all information and assistance in or about the exercise of the rights conferred upon the distributor by this clause as the distributor may reasonably require, and the distributor shall pay to the exhibitor all out-of-pocket expenses incurred by the exhibitor, and a reasonable allowance to him for loss of personal time in carrying out his obligations under this clause. (3.) The distributor shall indemnify the exhibitor against all cosu! and expenses for which the exhibitor may be liable by reason of the use of his name by the distributor for the purposes of this clause. 52. Notwithstanding any other provision of the agreement, if any N t· person shall (unless clearly without grounds) claim or threaten to toOc~C: se claim that the exhibition of any film was, is, or will be an infringement exhibition. of copyright or a libel or slander upon any person, the exhibitor shall, upon receipt of notice in writing from the distributor refrain from exhibiting the said film upon the terms,however, that no hire shall be payable by the exhibitor for the exhibition of the said film in the picture theatre, except so far as hire may already have accrued due in respect of any period of exhibition. This clause shall not prejudice any rights which the exhibitor may have under clauses forty-eight, fifty, and fifty-one of the agreement. 53. (1.) The distributor shall indemnify the exhibitor against Indemnity any claim for slander or libel which arises exclusively from the contents for ~lander of any film exhibited in manner permitted by the agreement, or from or lIbel. the use in manner permitted by the agreement of advertising matter supplied by the distributor. (2.) The exhibitor shall indemnify the distributor against any claim for slander or libel or for infringement of copyright which arises from the exhibition or use by the exhibitor of any film or advertising matter after the distributor has, in accordance with the agreement, given him notice to refrain from exhibiting or using the film or advertising matter OD the ground that such film or advertising matter may be alleged to be defamatory or such an infringement, as the case may be. 54. If, through the exhibitor's negligence or default, he fails to Damages for return any film in the manner and at the time which may be directed failure to by the distributor in accordance with the agreement, he shall pay to ~eturn t¥m ; the distributor as liquidated damages any loss actually suffered by mdemmty. the distributor by such failure, and in addition the loss suffered by the immediately succeeding exhibitor to whom the exhibitor should have forwarded the film in accordance with the distributor's instruc- tions, or to whom the distributor on receipt of such film would have forwarded it, and the exhibitor will indemnify the distributor against any claim preferred by such other exhibitor against the distributor. 55. (1.) The waiver by either party of any breach of any clause Waivers. of the agreement shall not operate as a waiver of any other breach or default by the other party of the same or any other clause. (2.) No waiver shall be set up against either party unless all of the matters alleged to constitute the same shall be contained in writing under the hand of the party against whom the waiver is alleged.

: ~ 52 SCHEDULE. PICTURE THEATRES AND FILMS. Picture Theatres and Films Act. 10 GEO. VI. No. 12, 1946. 56. A copy of the document signed by the exhibitor as the Schedule shall be left with him at the time of signature. SCHEDULE. (1.) Name and address of distributor: (2.) Name and address of exhibitor: (3.) Picture theatre or picture theatres at which films are to be exhibited: (4.) Period of hire: From the day of 19 , to the day of 19 (5.) Season: (6.) Films to be hired and supplied by the distributor and taken on hire for exhibition by the exhibitor are specified hereunder. (NoTE.-Where titles and/or descriptions or particulars of film are specified, the information to be furnish·ed in columns (1) and (2) hereunder is to be not less complete than the titles and/or descriptions or particulars of the film given by or on behalf of the dis~ ributor to the exhibitor in the course of the negotiations for the hire of the film. Clause 6 (1.) ). . - - - - - - - - ~ - ~ - . - -~-- " ~ - . - - - (1) (2) (3) (4) Title or Nwnber of Films. Description or Particulars or Trade Groups. Nwnber of Exhibition Days. Rate of Hire per Picture Theatre. (7.) It is hereby agreed that the film specified herein is to be subject to exhibition at two picture theatres on the same exhibition day, namely- (Clause twenty-four.) (If it is not so agreed, this paragraph is to be ruled out.) (8.) Names of opposition picture theatres. (Clauses one and eight.) (9.) It is hereby agreed that the exhibitor is to have the right of selection in terms of Clause nine. (If it is not so agreed, this paragraph is to be deleted.) (10.) Additions to agreement: Signed on behalf of the said distributor In the presence of Signed by the said exhibitor In the presence of Dated at this 19 day of