Picture Theatres and Films Acts Amendment Act of 1958 (7 Eliz Ii No. 3) (Qld)

194 PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Act. 7 E liz . II. No. 3, PICTURE THEATRES AND FILMS. 7 E N l o i . z . 3. II. An Act to Amend “The Picture Theatres and T he TP hiecatturrees Films Acts, 1946 to 1948,” in certain particulars. and F ilms A cts A mendment [A ssented to 28 th M arch , 1958.] A ct of 1958. B E it enacted by the Queen’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:— Short title. 1. (1.) This Act may be cited as “ The Picture Theatres and Films Acts Amendment Act of 1958.” APrcitn. cipal to 19(428. ) ,” * a“re Th in e t P hi i s ctu A r c e t r T e h fe e r a r tr e e d s to an a d s t F h i e lm P s rin A c c i t p s a, l 1A9c4t6. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Picture Theatres and Films Acts, 1946 to 1958.” Commence­ f(4.) This Act shall commence and take effect on ment of Act, and from a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette. Application (5.) In addition to its general application, the of Act. provisions of this Act shall apply to every application in respect of which a determination has not been made at the date of the commencement of this Act. Aofms.en4d. ment by in2s.erStiencgti, onaftfeorurthoef dtehfeiniPtiroinnci“ pAalreAac”t tihs eraemine, ndthede following definitions :— Assign. “ “ Assign ”—In relation to the benefit of a determination means to make or agree to make any assignment, lease or license or to give effect to or agree to give effect to any scheme or device whereby the right to use the subject of the determination as a picture theatre is or will be divested either in part or in whole and either permanently * 10 G. 6 No. 12 and amending Acts. f Commenced 8 April 1958 (Proc. pubd. Gaz. 5 April 1958, p. 1533).

PICTURE THEATRES AND FILMS. 195 1958. Picture Theatres and Films, Etc., Act. or temporarily from one person and vested in another person, and derivatives of the term shall have co-relative meanings ; “Benefit of a determination”—The right to Benefit of a use the subject ol the determination as a ti0n. picture theatre 3. Section five of the Principal Act is amended— Amendment x of s. 5. (i.) By inserting, after subsection five thereof, the following subsection:— “ (5a.) No business transacted by the Commission shall be invalid or illegal in consequence only of the office of any one member of the Commission being vacant at the time of the transaction thereof. All business transacted by the Commission shall, Validity of notwithstanding any defect in the appointment of any transacted member thereof, be as valid as if every such member j^mmigsion had been duly appointed and had acted as a member of ommisslon- the Commission and as if the Commission had been properly constituted.” ; and (ii.) By repealing subsection ten thereof. 4v Subsection two of section six of the Principal Ac't is amended by inserting, after the first paragraph ° 8’ thereof, the following paragraph :— “ Where the Commission, after the date of the commencement of *“The Picture Theatres and Films Acts Amendment Act of 1958,” makes a determination that the use or intended use as a picture theatre of— (i.) The building or part of a building or the enclosure, grounds, place or premises; or (ii.) The projected building or part of a building or the projected enclosure, ground, place or premises therein described is warranted, a person shall not in that picture theatre, within a period of three years from the date of the making of that determination, exhibit any film unless that person is— (a) The person named in that determination as the applicant therefor; * This Act. '

196 PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Act. 7 E liz . II. No. 3, (6) A person who shares in the benefit of that determination in accordance with a disclosure pursuant to subsection two of section 8 a of this Act; (c) A person to whom the benefit of the determination was assigned in accordance with a disclosure pursuant to subsection three of section 8 a of this Aot; (d) A person to whom the benefit of the determination was assigned with the approval of the Commission in writing pursuant to subsection seven of section 8 a of this Act; or (e) In the case of the death of any of them, his personal representative.” Amendment 5. The second subparagraph of paragraph (a) of of s. 7 (2) (a). suksection two of section seven of the Principal Act (being the subparagraph commencing with the words “ If the applicant fails to furnish ”) is amended by adding thereto the words “ but without prejudice to the rights of the Commission to reject the application at any future time if the applicant has not then satisfied the Commission as aforesaid Amendment 6. Section eight of the Principal Act is amended — ‘ ’ (i.) By inserting, after subsection six thereof, the following subsection:— Amendment “ (6 A.) (a) The Commission may at any time before af lications determination of an application, allow any party app ica ions, ^ aj^er or amend such application, or any objection thereto, or any statement lodged in connection with such application or objection, in such manner and on such terms as may be just. ( b ) Save as provided by paragraph (c) of this subsection (6 a .) the Commission shall not allow any such amendment unless, upon hearing the parties or their representatives, it is of the opinion that, having regard to the rights of the parties and to the public interest, no injustice will be occasioned thereby. (c) An applicant may, with the consent of the Commission, amend his application at any time before notification of the receipt of that application has been given by the Commission pursuant to subsection two of section seven of this Act.” ;

PICTURE THEATRES AND FILMS. 197 1958. Picture Theatres and Films, Etc., Act. (ii.) By repealing subsection eight thereof and by inserting, in lieu of that repealed subsection, the following subsection:— “ (8.) (a) When an application for the determination ■r“n?for of the Commission has been received and notification of Lp^ation the receipt thereof has been given pursuant to this Act andpowers of (which application is in this subsection referred to as the wheremor” “ first application ”) and when, on or before the closingtha".one date for objections to the first application, a further received'0'1 application in respect of the same locality is made to the Commission whether before or after the publication of the aforesaid notification (which latter application is in this subsection referred to as a “further application”), then, subject as hereinafter provided, the Commission shall give notification of the receipt of such further application and shall determine the first application and any further application or applications together. In making such determinations no regard shall be had to any application for the determination of the Commission in respect of the same locality received after the closing date for objections to the first application: Provided that— (i.) If a further application is not made on or before the closing date for objections to the first application, but notice of intention to make the same is given to the Commission on or before the said date, then, provided an application in accordance with the notice of intention is made on or before a date specified by the Commission, any such application shall be deemed to be a further application; and (ii.) Nothing herein shall prevent the Commission rejecting pursuant to subsection two of section seven of this Act any further application or any application deemed to be a further application. ( b ) Where pursuant to this subsection the Commission determines together more than one application in respect of the same locality, and the Commission is of the opinion that one or more picture theatres or, as the case may be, one or more additional

198 PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Act. 7 E liz . II. No. 3, picture theatres is or are warranted having regard to the matters specified in paragraphs (i.) to (iv.) inclusive of subsection three of this section, then subject to the powers of the Commission to refuse any or all of the applications, the Commission shall, in its aboslute discretion, determine which application or applications, having regard to the public interest, shall be preferred. In making such determination the Commission shall have regard to— (i.) Whether the standards of buildings, structures, furnishings and equipment respectively proposed by the various applicants satisfy requirements for the accommodation of people in the locality which would be served by the proposed picture theatre; (ii.) The ability of the various applicants to provide such standards of service as are necessary to provide properly and adequately for the requirements of the locality ; (iii.) The suitability of the respective sites in relation to public convenience present and prospective ; (iv.) The bona fides of each of the applicants and his financial ability to establish and maintain a picture theatre in accordance with his application; (v.) The respective times at which applications were lodged with the Commission, giving due regard, in fixing such times, to the date by which an applicant required to produce further information pursuant to subsection two of section seven of this Act produced that further information; (vi.) The desirability of encouraging the establishment of picture theatres by persons who have not already substantial investment in the industry; and (vii.) Such other matters, as having regard to the public interest the Commission thinks proper.” ; . (iii.) By repealing subsection ten thereof;

1958. PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Act. 199 (iv.) By repealing subsection twelve thereof and by inserting, in lieu of that repealed subsection, the following subsections :— “ (12.) In addition to the condition specified in Determina- subsection eleven of this section, the Commission may mado'subjeet make its determination subject to such one or more oft® the following conditions as the Commission may thinkoondltlons’ fit and specify in that determination :— (i.) That the applicant will complete the construction or establishment of the proposed picture theatre (including the furnishing and equipment thereof) in accordance with the requirements of the Commission so specified ; (ii.) That the applicant will at all times maintain or cause to be maintained the picture theatre, including the furnishings and equipment thereof, in good order and condition; (iii.) That the applicant will exhibit or cause to be exhibited films in the picture theatre with such frequency of exhibition as the Commission may so specify; and (iv.) That the applicant will do and perform or cause to be done and performed or refrain from doing and performing or cause to be refrained from being done and performed all such acts and things as, having regard to the public interest, the Commission, at the time of making of the determination, may so specify. The Commission may, on the application of the applicant at any time rescind, vary, or otherwise modify any condition so specified. (13.) For the purposes of subsection twelve hereof Definition the term “applicant” shall mean the person whose°lpp™ant”. application for the determination in question was granted or the heirs, successors, or assigns of such person. (14.) If it appears to the Commission that default Suspension has been made in the performance or observance of cancellation any condition specified pursuant to subsection twelve of this section, the Commission may, by notice in writing tion upon under the hand of the secretary to the Commission,default-

200 PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Act. 7 E liz . II. No. 3, call upon the person in default to show cause why the determination to which such condition applies should not be cancelled or suspended. The Commission may, upon being satisfied that default has been made in the performance or observance of any such condition, cancel or suspend such determination: Provided that no such cancellation or suspension shall be made until after the expiration of one month from the service of the notice to show cause. Upon the cancellation of a determination, that determination and any subsisting license granted by the Local Authority in respect of the use as a picture theatre of the building, part of a building, enclosure, ground, place, or other premises the subject of the determination, shall become void and of none effect whatsoever. Suspension of a determination shall, whilst it is in force, have the same effect as a cancellation of the determination and the Commission may, when suspending a determination fix the period of its suspension.” Now s. 8 a inserted. 7. The following section is inserted after section eight of the Principal Act:— “ [5 a .] ( 1 .) Each applicant for the determination of the Commission shall make a full and complete disclosure whether, in the event of the application being granted, the benefit of the determination is or shall be— (i.) Reserved to himself ; (ii.) Shared with any other person or persons; or (iii.) Assigned. (2.) Where the applicant discloses that the benefit of the determination is or shall be shared with any other person or persons, he shall make a full and complete disclosure of the names of the persons who share or shall share therein, the nature and extent of their respective interests and the consideration (if any) therefor. (3.) Where the applicant discloses that the benefit of the determination is or shall be assigned, he shall make a full and complete disclosure of the provisions of that assignment and the consideration (if any) therefor.

PICTURE THEATRES AND FILMS. 1958. Picture Theatres and Films, Etc., Act. (4.) The Commission may require any such disclosures to be made in writing verified by statutory declaration and may require such further disclosures or information, to be verified in like manner, as it deems necessary. Where any party to any of the matters specified herein is a company or proposed company a copy of the memorandum and articles of association of that company or the proposed memorandum and articles thereof shall be tendered. (5.) If, having regard to the disclosures so made, the Commission is of the opinion that there is or may be established an advantage to or for the benefit of any person in excess of a fair and reasonable advantage having regard to the services rendered or expenditure incurred by that person in pursuit of the application or the obtaining of the determination or in respect of the promotion or formation of any company which has or will have an interest in the benefit of the determination, then the Commission may refuse the application. (6.) The benefit of a determination shall vest— (i.) Where the applicant discloses that the benefit is or shall be reserved to himself—in the applicant; (ii.) Where the applicant discloses that the benefit is or shall be shared with any other person or persons—in the applicant and in such other person or persons according to the nature and extent of their respective interests as disclosed; or (iii.) Where the applicant discloses that the benefit is or shall be assigned—in the assignee. (7.) It shall be a condition of every determination that, except with the approval of the Commiss'on in writing first had and obtained, no person in whom the benefit of the determination is vested pursuant to subsection six hereof shall within a period of three years from the date of the making of that determination assign the benefit thereof. If any assignment is made or agreed to be made in contravention of this provision the assignment shall be null and void and the Commission may cancel or suspend the determination. This provision shall bind the applicant and every person in whom the benefit of the determination is vested and their successors in title. 201

\2#2 PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Act. 7 E liz . II. No. 3, (8.) If at any time after the making of the determination, any person makes application for the approval of the Commission provided in subsection seven hereof, he shall make a full and complete disclosure of his interest in and the manner in which he proposes to assign the benefit of the determination (including the consideration therefor). If any party to the proposed assignment is a company or a proposed company, a copy of the memorandum and articles of association of that company or proposed memorandum and articles shall he tendered. (9.) If having regard to the disclosure made pursuant to subsection eight hereof the commission is of the opinion that there is or may be established an advantage to or for the benefit of any person in excess of a fair and reasonable advantage having regard to the matters specified in subsection five hereof together with any further services rendered or expenditure incurred by that person after the date of the making of the determination and relevant to the subject matter of the application, then the Commission may refuse to approve the application. (10.) In granting any determination or approving any application to which this section applies, the Commission may impose terms and conditions to such determination or approval but this power shall not affect any other power conferred on the Commission by this Act to impose other terms and conditions to any determination.” Aofms.en8d a m . ent sectio8n. S 8 e a ct a ionan 8 d a , oafs thsoe PrerninucmipbaelreAd,ct isis armeneunmdebdereads follows :— (i.) Subsection one of the said section is repealed and the following new subsections are inserted in lieu thereof:— “ ( 1 .) If any picture theatre in which film is lawfully exhibited (in this section referred to as an “ existing picture theatre ”)— (a) Is rendered unfit for use as a picture theatre by fire, tempest, or other calamity; or (b) Will be rendered unfit for use as a picture theatre (either temporarily or permanently)

PICTURE THEATRES AND FILMS. 203 1958. Picture Theatres and Films, Etc., Act. by the carrying out of projected alterations, renovations, repairs, demolition for rebuilding or other cause, then, before the commencement of the construction of a new picture theatre in lieu of the existing picture theatre (and whether or not such new picture theatre is to be constructed on the same site as the existing picture theatre) or before the projected alterations, renovations, repairs, or demolition is or are commenced, the owner of such existing picture theatre shall make application for and obtain the determination of the Commission that the use of such new picture theatre or altered, renovated or repaired picture theatre is warranted. (2.) The provisions of section seven and of subsections one to eight, both inclusive, of section eight of this Act shall not apply as respects an application under this section unless the Commission, in its discretion, so directs as to all or any of those provisions, but every determination so made by the Commission shall be subject in all respects to the provisions of subsections nine to fourteen, both inclusive, of section eight of this Act. (3.) Any person lawfully exhibiting film in any existing picture theatre which is or will be rendered unfit for use as a picture theatre by any of the causes mentioned in subsection one hereof, may make application to the Commission to permit him to use temporarily as a picture theatre some other building, part of a building, enclosure, ground, place, or other premises in the same locality which the Commission is satisfied complies or comply with the requirements of the by-laws of the Local Authority (or, as the case may be, the ordinances of Brisbane City Council) relating to picture theatres and will be licensed by the Local Authority accordingly.” (ii.) Subsections two to six, both inclusive, of the said section, are respectively renumbered four to eight, both inclusive. 9. Section 8 b of the Principal Act is repealed and^P^of the following new section inserted in lieu thereof— ' ' “ [S b .] ( 1 .) If the seating capacity of any picture increased theatre in which film is lawfully exhibited (in this section referred to as an “ existing picture theatre ”) is proposed

204 PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Act. 7 E liz . II. No. 3, to be increased by the carrying out of projected alterations or additions to or by the rebuilding of such existing picture theatre and the use of such existing picture theatre is not to be discontinued (either temporarily or permanently) during the carrying out of such projected alterations or additions or rebuilding, then, before such projected alterations or additions or rebuilding are commenced, the owner of such existing picture theatre shall make application for and obtain the determination of the Commission that the use of such altered, added to or rebuilt picture theatre is warranted. (2.) The provisions of section seven and of subsections one to eight, both inclusive, of section eight of this Act shall not apply as respects an application under this section unless the Commission, in its discretion, so directs as to all or any of those provisions, but every determination so made by the Commission shall be subject in all respects to the provisions of subsections nine to fourteen, both inclusive, of section eight of this Act.” Amendment 10 . Section 8c of the Principal Act is amended as Of 8* SO. f r» o 1 l 1 lows :— (i.) Subsection one of the said section is repealed and the following new subsection is inserted in lieu thereof:— “ (1.) Where for the purpose of making better provision for the accommodation of the people in the locality served by a picture theatre, or of providing properly and adequately for the requirements of such locality, a person lawfully exhibiting film in such picture theatre (in this section referred to as “ the existing picture theatre ”) is desirous of providing a new picture theatre and thereupon discontinuing the use of the existing picture theatre, such person may apply to the Commission for a determination that the use of such new picture theatre is warranted, and the Commission may determine accordingly: Provided that where the person making that application is not the owner of the existing picture theatre, then such person shall produce evidence to the satisfaction of the Commission that such owner consents

PICTURE THEATRES AND FILMS. 1958. Picture Theatres and Films, Etc., Act. to the application and, in the event of the Commission making a determination in accordance with the application, consents to the condition specified in subsection three of this section.” (ii.) Subsection two of the said section is amended by adding thereto the words “as to all or any of those provisions, but every determination so made by the Commission shall be subject in all respects to the provisions of subsections nine to fourteen, both inclusive, of section eight of this Act 205 11. The following section is inserted after section n « w s. 8 d . 8c of the Principal Act:— “ [5 d .] (2.) Subject to this section, the determination Appeal o I f t /y he • C • ommission under this Part III. of this Act shall d a e g te a r i m n3 m *. a- be tinal. tion on question of {2.) Any person aggrieved by a determination oflaw otlly- the Commission may appeal to the Supreme Court on the ground of error or mistake in law but not otherwise. An appeal as aforesaid shall not lie unless it is instituted within thirty days from the notification of the determination in the Gazette . (3.) An appeal under this section shall be instituted by filing in the Supreme Court registry a notice of appeal. The power of the Supreme Court to make rules shall include power to make rules providing and regulating practice and procedure in respect of appeals to the Supreme Court under this section. Until such rules are made, or so far as such rules do not extend, the Court or a Judge thereof may, in the particular case, give such directions as it or he may deem fit, and the directions shall, according to their tenor, have the force and effect of rules made under this section for the purposes hereof. (4.) An appeal under this section may be set down to be heard before the Supreme Court sitting as the Full Court or before a single Judge sitting in Court. Where an appeal has been set down to be heard before a single Judge but the respondent desires that the appeal be heard before the Supreme Court sitting

206 PICTURE THEATRES AND FILMS. Picture Theatres and Films, Etc., Ad. 7 E liz . II. No. 3, 1958. as the Full Court, the respondent may within seven days after the service on him of the notice of appeal serve on the appellant and file with the registrar a notice that he requires the appeal to be heard before the Supreme Court sitting as the Full Court and the appeal shall thereupon be heard accordingly. (5.) There shall be no appeal from the decision of a Judge upon an appeal under this section but the Judge may, if he thinks fit, either before or at the hearing of an appeal, refer the same for hearing and determination by the Full Court. (6.) The Court or Judge shall cause its or his decision to be certified in writing by the registrar of the Court to the Commission, and the Commission shall give effect thereto. (7.) (a) The Court or Judge may make such order as to costs as it or he deems just. ( b ) Any such order as to costs may be enforced in the same manner as a judgment of the Supreme Court.”