The Places of Public Entertainment Amendment Act 1910 (SA)

GEORGII V REGIS.

A.D. 1910.

No. 1003.

An Act to further amend the " Places of Public

Entertainment Act."

[Assented to, Nove~nber 16th, 1910.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited alone as " 'l'he Places of Public Enter- Short title.

tainment Amendment Act, 1910," and the 'LPlaces of Fublic Enter- NO. 260 of 1882.

tainment Act" (hereinafter called "the principal Act"), 'L The Places NO.	865 1904.
of Public Entertainment Amendment Act, 1904"; and this Act may be cited together as "The Places of Public Entertainment Acts,
1882 to 1910."

ment Act, 1904," is hereby repealed. Act 866 of 1904.

2, This Act is incorporated with the principal Act and " The Incorporauon with

Places of Public Entertainment Amendment Act, 1904," an2 those Acts.

Acts and this Act shall be read together as one Act. .

3, (1) Section 2 of the principal Act, so far as it defines the Amendment ofsec. 2,

meaning of place of public entertainment," is hereby repealed, and BnCipd Act. I

in lieu thereof it is hereby enacted as follows :-" Place of public entertainment " shall include any theatre, concert room, menagerie, circus, skittle or bowling alley, and any place used for dancing, or in which dancing is taught, other than a dwelling-room in a private house, and shall also include any other place, whether enclosed, or unenclosed, or partly enclosed, whereat amusement for the public is provided.

(2) Section 6 of The Places of Public Entertainment Amend- consequent re~eal of

4, (1) hi^ m. 6 of ~ m e n r

2 I" GEORGII V, No. 1002. -

The Places of Public Entertainment Amendment Act.-19 10.

Application.	4. (1) This Act and the Acts incorporated herewith shall, until extended as hereinafter mentioned, apply only to the area comprised within the present House of Assembly Electoral IAstricts of Adelaide, Torrens, and Port Adelaide.
(2) The application of this and the said Acts may be extended hy the Governor by Proclamation published in the Government Gazette to any portion of the State specified therein.

(3) No such Proclamation shall be issued until after the passing

by both Houses of Parliament of a resolution affirming the desira-

bility of such extension.

(4) The Governor may, upon a resolution passed by both Houses

of Parliament affirming the desirability thereof, by Procl~tmation

published as aforesaid, revoke, alter, or vary any Proclamation

made under subsection (2), and thereupon the application of this

and the said Acts shall be altered so as to give effect to such

Proclamation.

Coneequent~pesl	of	(5) Section 11 of	the principal Act is hereby repealed.
WC. 1 1 of principal
Act.

Repeal of sec. 4 5. Section 4 of "The Places of Public Entertainment Amend-

Of Act of ment Act, 1904," is hereby repealed, and in lieu thereof it is hereby enacted as follows:-

Inspectors. 4. (1) The Chief Secretary may from time to time appoint

. such inspectors of places of public entertainment as he deems fit.

(2) Every proprietor of a place of public entertainment shall, at all times, perrnit any such inspector to enter, inspect, and examine such place, and every part thereof and every approach thereto and exit therefrom.

(3) Any proprietor who in any respect fails to comply with the provisions of this section, and any proprietor or other person who in any way interferes with or obstructs any inspec- tor in the exercise of any right, power, or privilege, or the

offence against this Act. discharge of any duty under this Act shall be guilty of an

Repeal of sec. 6, 6. Section 6 of the principal Act is hereby repealed, and in

principal Act.

lieu thereof it is hereby enacted as follows:-

Begulationa. 6. (1) The Governor may make regulations not inconsistent

ss. l4 and 17. cf. N.S.W. 13, 1908, with this Act, as to all or any of the following matters, namely:-

( a ) The hours during which places of public entertainment

may be open:

( b ) The granting of permissions by the Chief Secretary for the opening and using of' places of public entertain- iiwnl; on Sundays, and the conditions upon and subject to which such permissions may be granted:

(c) The mode of lighting generally and fixing the hours

during which the lights shall or may be kept burning:

( d ) What

I" GEORGII V, No. 1002.

me Places of Public Entertainment A d m e n t Act.-1910.

( d ) What (if any) special lights shall be placed at entrances

and exits, how they shall be served, and the time such

lights shall be kept burning:

( e ) What lights and lighting apparatus, firearms. fireworks,

and cinematograph and similar apparatus may be

used, and the methods of using the same:

( f ) What fires and heating apparatus may be used, and

the methods of using the same:

(g) The storage of scenery and prol~erties and other corn-

bustible things:

( h ) What fire hydrants and other appliances for extinguish-

ing fires are to be kept, and how and where the same

are to be kept and used:

(i) The keeping of fire watches and the fire drill of employ&:

( j ) What means of exit, and what staircases, landings, pas- sages, and gangways, shall be provided, and the size and construction of such exit S, staircases, landings, passages, and gangways:

(k) The keeping of such exits, staircases, landings, passages, and gangways free from chairs, flap seats, and other obstructions, whether permanent or temporary, and from obstruction by persons standing or sitting in such exits, staircases, landings, passages, or gangways, and whether inside, outside, or leading up t o any such place, and how and by whom such persons may be required to move or be removed therefrom:

(1) The manner in which seats shall be arranged, and th.

manner in which they shall be fixed, either to the

floor or together:

(m) The manner in which carpets, matting, and other floor

and stair coverings shall be fixed, and in what con-

dition so as to prevent possibility of accident:

(n) The periodical inspection of places of public entertain-

ment:

( 0 ) The keeping of such places clean, sufficiently ventilated,

and in sanitary condition:

(p) The manner and places in which copies of the regulations shall be kept posted and maintained in such places:

(g) The rights, powers, privileges, obligations, and duties of the inspectors and sub-inspectors of places of public entertainment, and defining the place or places or area or areas within which such inspectors and sub-inspec- tors shall have jurisdiction:

( r ) Generally

I" GEORGII V, No. 1002.

The Places of Public Entertainment Amendment Act.--1910.

( r ) Generally the manner in which places of public enter- tainment shall be conducted, and for preventing and extinguishing fires, and for the safety, health, and convenience of the public, the performers, and the employ&

(2) Any such regulation may be general or may be limited-

I. To particular places of public entertainment:

11. To particular kinds of entertainment.

(3) Any such regulation may impose a penalty not exceed- ing Twenty Pounds for any breach thereof or of any other regulation or regulations: Provided that an additional penalty, not exceeding Two Pounds for one day, may be imposed for every day after the first upon which a breach continues.

(4) All such regulations shall-

( a ) Be published in the Government Gazette ;

( 6 ) Take effect from the date of such publication, or from

a later date to be specified therein; and

(c) Be laid before both Houses of Parliament within fourteen days after publication, if Parliament is in Session, and if not, then within fourteen days after the commencement of the next Session.

Disapproval of	(5) Notwithstanding any publication thereof, no such regu- lation shall continue to have any force or effect if the same is disapproved, by resolution of either House of Parliament, within thirty days after such regulation has been laid before Parliament, if Parliament is so long in Session: Provided that if Parliament is not in Session for thirty days after such regulation has been laid before it, then such regulation shall not continue to have any force or effect if disapproved by
Parliament.
either House of Parliament within thirty days after the com- mencement of the next Session of Parliament.

Limitation on Sundsy	7, If any place of public entertainment is open to the public or permission as is required by regulation made under the principal Act (as amended by this Act), or contrary in any way to any condition subject to which such permission is granted, every proprietor thereof shall be guilty of an offence against this Act, and shall be liable to
entertainments.
Cf. N.8.W. 13, 1908,	used for any purpose whatever on any Sunday without such previous
S. 19.
a' penalty not exceeding Fifty Pounds; and the licence for such
place may, in the discretion of the convicting Magistrate or Justices, be absolutely forfeited or suspended for such time as such Magistrate or Justices think fit.

8, If any place of public entertainment is open to the public

on any occasion after the licence thereof has been forfeited and

before a new licence has been granted in respect thereof,. or during

such

I" GEORGII V, No. 1002.

The Places of' Public Entertainment Amendment Act.-1910.

such time as the licence thereof is suspended, every proprietor thereof shall be guilty of an offence against this Act, and shall be liable to

a penalty not exceeding Fifty Pounds, and to a further penalty not

exceeding Ten Pounds for every day after the first during which

snch place of public entertainment is open to the public.

9, The provisions of the next two preceding sections shall not be LBW 88 t o s u ~ d s y

deemed to limit, affect, or nullify any law now in force in the said ObWrvanLe~rWmd-

State relating to the &use or profanation of Sunday.

10, Section 9 of the principal Act, which prescribes the penalty ~mendment of

for offences, is hereby amended by striking out the words " Every

O' p-ciP1

other offence against this Act shall be punishable by a fine not

exceeding Ten Pounds," and substituting therefor the words-

&' Every offence against this Act, or against any regulation made Penaltiee.

under this Act, for which no penalty is specifically prescribed, shall he punishable by a penalty not exceeding ~wenty ' Pounds, with an additional penalty, in the case of a continuing offence, not exceed- ing 'l'wo Pounds for each day after the first upon which the offence	'	'
continues.

11. Section 5 of the principal Act is hereby amended by adding Amendment of sec. 6

thereto the following words .-" Provided that no fees shall be O' P""''N

payable in respect of any pro~erty under the control of the Govern- ment or of any Municipal corporation or District Council, or of m y Institute within the meaning of Act No. 986 of 1909, or of any Friendly Society within the meaning of Act No. 22 of 1852

.

or ' 'l'he Friendly Societies Act, 1886.' "

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

-

-4rlrlaide : By authority, R. E. E. R o a ~ ~ s, Government Printer, No~th Terrace.