Theatres and Public Halls (Amendment) Act 1969 (NSW)

THEATRES AND PUBLIC HALLS

(AMENDMENT) ACT.

iSett)

OTaleia;

ANNO OCTAVO DECIMO

ELIZABETHS II BEGINS

Act No, 81, 1969.

An Act to make further provisions with respect to the licensing o f theatres and public halls; to provide for the censorship o f cinematograph films; for these and other purposes to amend the Theatres and Public Halls Act, 1908; to validate certain matters; and for purposes connected therewith. [Assented to, 3rd December, 1969.]

"DE it enacted by the Queen’s Most Excellent Majesty, by J-) and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

(1)

This Act may be cited as the “Theatres and Public short title

Halls (Amendment) Act, 1969”.

struct?on

( 2 )

■

Theatres and Public Halls {Amendment).

No. 81,1969

( 2) The Theatres and Public Halls Act, 1908, as amended by subsequent Acts in force immediately before the commencement of section two of this Act, is in that section' referred to as the Principal Act.

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(3)	This Act shall be read and construed with the.

Theatres and Public Halls Act, 1908.

Amendment	2.	(1) The Principal Act is amended—
of Act No.
13, 1908.

Sec. 4.

(a) by omitting from subsection one of section four the-

(Defini	words “unless the context otherwise requires,” and
tions.)	by inserting in lieu thereof the words “except in so- far as the context or subject-matter otiherwise- indicates or requires” ;

New sec.

(b) by inserting next after the heading to Part II the

4a.	following new section and short heading thereto :—

Definition.

Definition.

4a. In this Part, except in so far as the context or subject-matter otherwise indicates or requires, “license” means a license under this Part.

Subst.

sec. 7.

thereof the following section : —

Fees for

7. (1) In the case of a license granted on or

licenses.

after the commencement of section two of the

Schedule II.

Theatres and Public Halls (Amendment) Act,

1969, there shall be paid, in respect of—

(a)	the period of twelve months next following; the granting of the license; and
(b)	each period of twelve months after that period,

the appropriate fee set out in Schedule II.

(2)	In the case of a license in force immedi

ately before the commencement of section two of the Theatres and Public Halls (Amendment) Act, 1969, there shall be paid, in respect of—

(a)	the period of twelve months next following the period for which the license was granted,,

or.

Theatres and Public Halls {Amendment).

or, where it was renewed under this Act as no. 81, 1969

in force before that commencement, next

----

following the period for which it was last

renewed; and

(b)	each period of twelve months after the period of twelve months referred to in paragraph (a) of this subsection,

the appropriate fee set out in Schedule II.

(3) The fee payable under paragraph (b) of subsection one or under subsection two of this section in respect of a period of twelve months shall be delivered or forwarded so as to be received in the office of the Minister before the commencement of that period.

(4) Where a fee payable under paragraph (b) of subsection one or under subsection two of this section is not received in the office of the Minister before the commencement of the period in respect of which it is payable—

(a)	the fee may, without prejudice to the power of the Minister to suspend or cancel the license to which the fee relates, be paid or received in the office of the Minister after that commencement; and
(b)	if the fee is so received after that commence ment, there shall be paid such additional fee as may be prescribed, unless the Minister in a particular case directs that the additional fee be not payable.

(5) Where the grade of a theatre or public hall is, during a period of twelve months referred to in subsection one or two of this section, changed to another grade, the change shall, for the purposes only of the payment of the appropriate fee set out in Schedule II, be deemed to take effect as from the commencement of the period of twelve months next following that firstmentioned period of twelve months

(6)

Theatres and Public Halls {Amendment).

No. 81, 1969

(6)

Schedule II may be amended or sub

stituted by regulations made under this Act, and the Schedule as so amended or substituted shall be Schedule II.

Sec. 9.

(d) (i) by omitting from paragraph (a) of subsection

(Grant of	one of section nine the words “under this
license.)	Part” ;

(ii) by inserting at the end of subparagraph (i) of paragraph (b) of the same subsection the

word

“and” ;

(iii) by omitting subparagraph (ii) of the same paragraph;

(iv) by omitting from subparagraph (iii) of para graph (d) of the same subsection the word “and” ;

(v) by inserting at the end of subparagraph (iv) of the same paragraph the following word and new subparagraph ;—

; and

(v) the fee payable under subsection one of section seven of this Act in respect of the period of twelve months next following the granting of the license has been received in the office of the Minister.

Subst.	(e) by omitting section twelve and by inserting in lieu
sec. 12, and

new secs.	thereof the following sections : —
12a, 12b.

Continuance

12. (1) A license that is in force immediately

of license.

before the commencement of section two of the Theatres and Public Halls (Amendment) Act, 1969, or that is issued on or after that commence ment, shall continue in force until cancelled under this Act.

(2 )

Theatres and Public Halls {Amendment).

(2)	Notwithstanding anything in subsec- No. 8i, 1969

tion one of this section, a license that is suspended under section sixteen of this Act shall, for the pur poses of section eighteen of this Act, be deemed not to be in force while it is so suspended.

12a .

( 1 ) A license shall be subject to such con- conditions

ditions as the Minister may from time to time

determine in respect of that license.

(2)	The conditions referred to in subsec

tion one of this section may relate to any matter provided for in this Act or the regulations, or to any other matter connected with the theatre or public hall to which the license relates.

12 b . a substitute license may be issued in the Substitute

place of—

license.

(a) a license that is lost, defaced or destroyed;

(b)	a license the prescribed endorsement on which has been cancelled; or
(c)	a license that was issued before the com mencement of section two of the Theatres and Public Halls (Amendment) Act, 1969.

(f)

by omitting from section thirteen the word “such” sec. 13.

where firstly occurring;

(Transfer of license.)

(g)

(i)	by omitting from subsection one of section 13a Sec. 13a.

the words “issued under this Act” and by (Exhibition inserting in lieu thereof the word “issued” ; gfaphifilms”'

(ii) by omitting subsection two of the same section;

d̂orse-**̂ ^̂

(iii) by omitting from subsection three of the same section the words “issued under this Part and current” and by inserting in lieu thereof the words “in force” ;

(iv) by omitting from subsection five of the same section the words “an original license in respect of” and by inserting in lieu thereof the words “a license for” ;

(h)

Theatres and Public Halls {Amendment).

No. 81, 1969

(h)

(i) by omitting subsection one of section 13b and

Sec. 13b.	by inserting in lieu thereof the following
(Continu	subsections :—

ance and

cancellation

(1 )

Where a license bears the prescribed

of the

prescribed	endorsement immediately before the com
endorse
ment.)	mencement of section two of the Theatres and Public Halls (Amendment) Act, 1969, or an application for the prescribed endorsement on a license is granted on or after that commence ment, the prescribed endorsement shall con tinue in force until the license is cancelled, or the prescribed endorsement is, in accordance with subsection (1 a ) of this section, cancelled, whichever first occurs.
(1 a ) The Minister may cancel the pre scribed endorsement on a license if the Com mission makes a determination that the pre scribed endorsement should be cancelled in accordance with subsection two of this section or if the holder of the license requests in writing that the prescribed endorsement be cancelled.

(ii) by omitting from paragraph (a) of subsection two of the same section the words “Any person so authorised may not later than three months before the expiration of the current license issued in respect of any theatre or public hall the subject of any inquiry and inspection as aforesaid report to the Commission upon any such inquiry and inspection and may in such report together with a statement of his reasons make a recommendation as to whether or not the prescribed endorsement should be renewed.” and by inserting in lieu thereof the words “Where a person so authorised makes such an inquiry and inspection in respect of any theatre or public hall, he may report to

the

Theatres and Public Halls {Amendment).

the Commission thereupon and may in the No. 8i, 1969

report, together with a statement of his reasons, make a recommendation as to whether or not the prescribed endorsement on the license issued in respect of the theatre or public hall should be cancelled.” ;

(iii) by omitting from paragraph (b) of the same subsection the words “not be renewed” and by inserting in lieu thereof the words “be cancelled” ;

(iv) by omitting from the same paragraph the words “not renewed” and by inserting in lieu thereof the word “cancelled” ;

(v) by omitting from paragraph (d) of the same subsection the word “renewed” and by insert ing in lieu thereof the word “cancelled” ;

(vi) by inserting next after paragraph (e) of the same subsection the following new para graph : —

(e l) If the determination of the Commis sion under paragraph (d) of this subsection is that the prescribed endorsement should be cancelled, the Commission shall specify the date as from which the cancellation shall take effect, being a date that is not earlier than one month after the date upon which notice of the determination has been given under paragraph (e) of this subsection.

(i)

by omitting from paragraph (b) of subsection sec. 13d.

one of section 13d the words “issued under this (Reference

Part and current” and by inserting in lieu

thereof the words “in force” ;

the Com mission.)

(ii)

Theatres and Public Halls {Amendment).

No. 81, 1969

(ii) by omitting from subparagraph (i) of para graph (c) of the same subsection the words “held in respect of” and by inserting in lieu thereof the word “for” ;

(iii)	by omitting from subsection six of the same section the words “a fee of ten dollars” and by inserting in lieu thereof the words “the prescribed fee,” ;
(iv)	by omitting from subparagraph (iii) of para graph (a) of subsection nine of the same section the word “for” wherever occurring and by inserting in lieu thereof the words “in respect of” ;
(v)	by omitting from subsection ten of the same section the words “subsection eleven of this section” and by inserting in lieu thereof the words “this section,” ;
(vi)	by omitting subsection twelve of the same section;

Sec. 14.

(j) (i) by omitting from section fourteen the words

(Regula	“as to the conditions to be fulfilled before any
tions as to
conditions	such license is issued or renewed, and in
for a	particular as” and by inserting in lieu thereof
license.)	the words “for or with respect to the condi tions to be fulfilled before a license is issued for a building and the conditions subject to which a license issued for a building continues in force, and in particular for or with respect” ;

(ii) by omitting from paragraph (a) of the same section the words “any building in respect of which such license is applied for” and by inserting in lieu thereof the words “the building” ;

(iii) by omitting from paragraphs (b) and (c) of the same section the words “any such build ing” and by inserting in lieu thereof the words “the building” ;

(iv)

Theatres and Public Halls {Amendment).

(iv)

by omitting from paragraphs (d) and (e) of No. 8i, 1969 and by inserting in lieu thereof the words “the building” ;

(k)	by omitting section sixteen and by inserting in lieu Subst. thereof the following section :—

16. (1) The Minister may suspend or cancel a Suspension

license if it appears to him—

II_______

license.

(a)	that the provisions of this Act or the regula tions have not been complied with by the holder of the license;
(b)	that any condition to which the license is for the time being subject has not been complied with;
(c)	that the building to which the license relates—

(i) has been allowed to fall into disrepair ;

(ii) has been added to or altered without the approval of the Minister; or

(iii)

is encumbered with scenery, proper

ties or other combustible matter,

and that the public safety, health or con

venience is prejudiced;

(d)

that alterations to the building to which the license relates are necessary in order to provide for public safety, health or convenience; or

(e)

that the building to which the license relates is not suitable for holding public entertain ments or public meetings therein, or the site of the building is unsuitable.

(2)	The Minister may cancel or restore a

license that is suspended under this section.

Theatres and Public Halls {Amendment).

No. 81, 1969

(1) (i) by omitting from section seventeen the words

Sec. 17.	“as to the following matters” and by inserting
(Regula	in lieu thereof the words “for or with respect
tions for	to the following matters” ;
public
safety,

health

(ii) by inserting next after paragraph (h) of the

and con

same section the following new paragraphs :—

venience.)	(h i) Requiring the attendance of such number of persons having specified skills as is sufficient for the proper use of any specified apparatus or appliances.
(h2) Persons smoking.
(h3) The possession or consumption of spirituous or other alcoholic liquors or beverages.

(iii) by inserting in paragraph (i) of the same section after the word “preventing” the word “, controlling” ;

(iv) by inserting in the same paragraph after the word “convenience” the words “. whether in relation to persons resorting to or using theatres or public halls, or otherwise” ;

Sec. 20.

(m) by omitting from subsection one of section twenty

(Licenses.)

the word “for” and by inserting in lieu thereof the

words “in respect of” ;

Sec. 22a.

(n ) by omitting subsection three of section 22a and by

(Applica	inserting in lieu thereof the following subsection :—
tion of Act

to open-air	(3)	The fee payable in respect of the license
and drive-

in theatres.)

of a drive-in theatre and the fee payable in respect of the license of an open-air theatre shall be as prescribed.

Sec. 23.

(o) by omitting from subsection two of section twenty-

(Grant of	three the words “two dollars” and by inserting in
license.)	lieu thereof the words “as prescribed” ;

(P)

Theatres and Public Halls {Amendment).

(p) (i) by inserting next after paragraph (a l) of No. 81, 1969

section	thirty-one	the	following	new
paragraphs

(a2) for or with respect to the refund of any

fee under this Act or any part of such	‘
a fee;

(a3)	providing for the delivery up of licenses under this Act;

(ii) by inserting at the end of the same section the following new subsections :—

(2) Any regulation under this Act may be made to apply or to have operation throughout the whole or any part of the State, may be of general or specially limited application accord ing to time, place, or circumstances, and may be general or restricted to any specified subject-matter or class of subject-matter.

(3) Any such regulation may authorise any matter or thing to be from time to time deter mined, applied or regulated by the Minister or by any person specified therein, either generally or for any class of cases or in any particular case.

(q)	by inserting next after section thirty-three the New sec. 34. following new section : —

34. Where a body corporate is guilty of any offences by contravention of or failure to comply with any corporations, provision of this Act or the regulations and liable

to a penalty under this Act or the regulations, every person who at the time of the contravention or failure was a director or officer of the body corpor ate shall be liable to be proceeded against for the same contravention or failure and liable to the same penalty unless he proves that the contravention was committed, or the failure occurred, without his knowledge or that he used all due diligence to prevent the commission thereof.

(r)

Theatres and Public Halls {Amendment).

No. 81, 1969

(r) by omitting Schedule II and by inserting in lieu

Subst.	thereof the following Schedule : —
Sch. II.

SCHEDULE II.

The fees payable in respect of licenses of theatres, public halls or buildings of the grades mentioned in Schedule I shall, respectively, be as follows:—

(a) Sixty dollars per annum.

(b) Thirty dollars per aimum. (c) Fifteen dollars per annum. (d) Ten dollars per annum.

(e) Six dollars per annum.

(f) Three dollars per annum.

Provided that if the license in respect of the public halls or buildings referred to in paragraphs (b ), (c), (d ), (e) and (f) of Schedule I bears the prescribed endorse ment referred to in section 13a of this Act, the fees payable in respect of those public halls or buildings shall, respectively, be as follows:—

(b) Sixty dollars per armum.

(d) Thirty dollars per annum.

(e) Fifteen dollars per annum.

(f) Six dollars per annum.

(2) The purported renewal—

(a) before the commencement of this section; and

(b)	after the day on which it would, if not renewed, have expired,

of a license issued under the Theatres and Public Halls Act, 1908, as in force at the relevant time, shall be deemed to have been as valid as it would have been had it been renewed before that day.

( 3)

Theatres and Public Halls (Amendment).

(3) Where a license in respect of a theatre or public n o . 81,1969

hall, not being a license cancelled under the Principal Act, would, but for this subsection, have expired during the period of twelve months next preceding the commencement of this section, that license shall be deemed to have been renewed under the Principal Act on the day on which it would have so expired.

(4) A reference to a license in subsection three of this section includes a reference to the prescribed endorsement (if any) on that license.

(5) Where the fee payable under section seven of the Principal Act on the renewal of a license referred to in sub section three of this section was not paid before the commence ment of this section, the Minister may (whether or not that fee is paid after that commencement) suspend or cancel the license under section sixteen of the Principal Act, as amended by subsection one of this section, as if a provision of that Act, as so amended, had not been complied with.

(6) The provisions of subsections two, three, four and five of this section apply, mutatis mutandis, to and in respect of licenses issued in respect of drive-in theatres and open-air theatres.

(7) A regulation purporting, before the commence ment of this section, to have been made under the Theatres and Public Halls Act, 1908, as in force at the time of the making of the regulation, shall be deemed to have been validly made under that Act, as so in force, if it could have been made under the Principal Act, as amended by subsec tion one of this section, had the Principal Act, as so amended, been in force at that time.

(8)	This section shall commence upon a day to be

appointed by the Governor in that behalf and notified by

proclamation published in the Gazette.

Theatres and Public Halls {Amendment).

No. 81,1969

The Theatres and Public Halls Act, 1908, is further

amended—

Further

amendment

of Act No.

13, 1908.

2 (a) by inserting in section two next after the matter

(Division

relating to Part III the following new matter ; —

PART IIIa.— Censorship of F ilms— ss. 26a-

26w.

New Part

(b) by inserting next after Part III the following new

IIIa.

Part: —

PART IIIa.

Censorship of Films.

Commence

26a. (1 ) This Part shall commence upon a day

ment and	to be appointed by the Governor in that behalf and
operation of
this Part.	notified by proclamation published in the Gazette.

(2 )	While an agreement referred to in

section 26c of this Act is not in operation, this Part shall not have any force or effect except for the purpose of enabling an arrangement so referred to or such an agreement to be entered into or for the purpose of enabling regulations to be made for the purposes of this Part.

Interpre

26b . In this Part, except in so far as the con

tation.

text or subject-matter otherwise indicates or

requires—

“censor” means censor of films for the purposes

of this Part;

“cinematograph” means cinematograph and any other similar apparatus for the exhibition of moving pictures;

“film” means film used or proposed to be used

for the purpose of exhibiting a picture;

“picture” means picture or other optical effect exhibited or proposed to be exhibited by means of a cinematograph;

“scenario”

Theatres and Public Halls {Amendment).

“scenario” includes any statement or summary— No. 81,1969

(a)	of the plot of any play or story; or

(b) of the incidents,

depicted or intended to be depicted by

means of a film.

26c. (1) The Governor may arrange with the Power to

Governor-General of the Commonwealth for the

exercise and discharge by officers or authorities of monweaith

the Commonwealth on behalf of the Government

of the State of the powers, authorities, duties and of duties, ’

functions of a censor.

(2) An agreement relating to an arrange ment under subsection one of this section may make provision for all or any matters necessary or con venient to be provided for or incidental to carrying out the arrangement and shall contain a provision to the effect that such an arrangement may be terminated by the Governor at any time.

(3) An agreement under this section shall

be valid and effectual for all purposes.

26d. The powers, authorities, duties and func- Exercise

tions of a censor may be exercised and discharged

by an officer or authority of the Commonwealth in of censor,

accordance with an arrangement under section 26c

of this Act.

26e . (1) No person shall exhibit any picture in No film

a theatre or public hall or cause it to be so exhibited

unless and until the film used for the purpose of unless

exhibiting that picture has been registered by a bŷ cgnsor.

censor.

(2) Applications for the registration of a film by a censor shall be made in the prescribed manner and shall be accompanied by the prescribed particulars and the prescribed fee (if any).

26f .

P 64443—37

Theatres and Public Halls {Amendment).

No. 81, 1969

26f . (1) The Governor may, by the regula

Exemptions.

tions—

(a)	exempt from the operation of this Part to the extent prescribed in the regulations any specified class of films (including films registered, whether before or after the commencement of this Part, pursuant to any regulations made under any Act of the Parliament of the Commonwealth); and
(b)	specify what provisions (if any) of this Part and the regulations are (with such modifica tions as are necessary or seem desirable) to apply with respect to any class or classes of films so exempted.

(2) Regulations made in pursuance of subsection one of this section may make provision for or with respect to any conditions that are to apply to or in respect of any films thereby exempted.

(3) A censor may, in any particular case, by direction in writing under his hand, exempt, subject to such conditions as he specifies in the direction, any film from the operation of this Part to the extent specified in the direction.

Duty of	2 6 g .	a censor shall examine every film submitted
censor to

examine	to him for registration unless he otherwise deter
films.	mines in any particular case.

Registration

26h. (1) A censor may—

and classifica

tion of films.

(a) register a film unconditionally;

(b)	register a film subject to such conditions as he imposes; or

Theatres and Public Halls {Amendment).

(2) Where a censor registers a film under No. 8i, 1969

subsection one of this section, the censor shall

classify the film as being, in his opinion—

(a) for general exhibition;

(b) not recommended for children; or

or as being, in his opinion, of such other class or classes (whether in addition to or in lieu of all or any of the classes specified in paragraphs (a), (b) and (c) of this subsection) as may be prescribed.

(3) A trailer film, poster, programme, advertisement or written, printed or oral matter in the nature of an advertisement, whether in a news paper or otherwise, with respect to a film or the exhibition of any picture from a film shall, where a censor has classified the film in accordance with the provisions of subsection two of this section, contain a statement or symbol in the prescribed form denoting the censor’s classification of the film.

(4) A person carrying on the business of exhibiting pictures or of distributing films or of selling, leasing or otherwise disposing of films or the right to use films for the exhibition of pictures therefrom who exhibits or presents, or causes to be exhibited or presented, a trailer film, poster, pro gramme, advertisement, or written, printed, or oral matter in the way of an advertisement, whether in a newspaper or otherwise, that contravenes or does not comply with any of the provisions of subsection three of this section shall be liable for a first offence to a penalty not exceeding one hundred dollars and for a second or subsequent offence to a penalty not exceeding five hundred dollars.

(5) Nothing in subsection three or four of this section shall affect the liability of any person under any other provisions of this Part.

( 6 )

Theatres and Public Halls {Amendment).

No. 81,1969	( 6) The regulations may make provision for or with respect to statements or symbols required under subsection three of this section.
Appeal.	26i. (1) A person aggrieved by any decision of a censor or by the imposition by him of any condi tion under the powers conferred on a censor by or under this Part may, within such time and upon such conditions as are prescribed, appeal therefrom to such person or authority as may be authorised to be the appeal authority pursuant to an arrange ment under section 26c of this Act.
(2) An appeal under subsection one of this section shall be lodged, heard and determined as prescribed and shall be accompanied by the prescribed fee.
(3) The decision of the appeal authority shall be final and without appeal, and shall be given effect to.

Certificate	26j . (1) The registration of a film by a censor
of regis

tration.

under section 26h of this Act shall be signified by

a certificate in such form as the censor thinks fit.

(2) The classification of a film by a censor in accordance with section 26h of this Act shall be signified in the certificate given in relation to that film under subsection one of this section.

tration in

No regis

26k . ( 1) Subject to subsection two of this

certain cases.

section, a censor shall not register a film under subsection one of section 26h of this Act where, in the opinion of the censor, the film depicts any matter—

(a) which is indecent or obscene; or

(b)

Theatres and Public Halls {Amendment).

(b) the exhibition of which—

No. 8i, 1969

(i) is likely to be injurious to morality or to encourage or incite to crime; or

(ii) is undesirable in the public interest.

(2)	A censor shall not refuse registration

of a film which in the opinion of the censor—

(a)	in good faith and with artistic merit repro duces or adapts any work of recognised literary merit; or
(b)	in good faith and with artistic merit repre sents any scriptural, historical, traditional, mythical or legendary story.

26l . (1) A censor may require an applicant for po^er to

registration of a film to produce any scenario require

thereof.	to be
produced.
(2) In forming his opinion as to whether or not a film submitted for his registration should be registered, a censor may take into consideration not only the film itself but any scenario thereof and also any posters, photographs, sketches, pro grammes and slides proposed to be used in connection with the exhibition of the picture to be exhibited from the film and any advertisements or written, printed or oral matter in the nature of advertisements of or with respect to the film or picture or any portion thereof.

26m . ( 1) A film registered by a censor shall, piims to be

subject to any conditions imposed under this Part

in relation thereto, be used in the exhibition of a registered,

picture exactly in the form and under the name by

which it is registered and without any alteration or

addition unless the censor first registers the film as

altered or added to.

(2)

Theatres and Public Halls {Amendment).

No. 81, 1969

(2) Where a registered film is altered or added to it shall be deemed never to have been registered as altered or added to.

Sample	26n . (1) An applicant for registration of a
copies of

posters,	film by a censor shall, when required by the censor,
slides, etc.,	submit to him for approval, and every person
to be sub
mitted for	exhibiting the picture from a film after registration
approval	thereof pursuant to this Part, and every person
when
required.	exhibiting a picture from a film registered, whether before or after the commencement of this Part, pursuant to any regulations relating to films made under any Act of the Parliament of the Common wealth, shall, when required by the censor, submit, together with the prescribed fee (if any), to him for approval a copy (in this Part referred to as a “sample copy”) of every poster, photograph, sketch, programme, slide and advertisement or written, printed or oral matter in the nature of an advertise ment intended to be used in connection with the exhibition within New South Wales of the picture from the film.
(2) A censor shall with regard to a sample copy and his approval thereof have the like powers and duties as he has with regard to films submitted for registration by him and his decision shall be subject to the like appeal as a decision by him in respect of a film submitted to him for registration.
(3) Nothing in subsection two of this section requires the censor’s approval of a sample copy to be signified by a certificate.
(4 ) A poster, photograph, sketch, pro gramme, slide or advertisement or written, printed or oral matter in the nature of an advertisement a sample copy of which has been approved by the censor shall, in connection with the exhibition of a picture and so far as it relates to a film used for the

purposes

Theatres and Public Halls {Amendment).

purposes of such an exhibition, but subject to any No. 8i, 1969

conditions imposed under this Part in relation

thereto, be used exactly in the form in which the

sample copy was approved and without any addi

tion or alteration, unless the approval of the censor

to the sample copy altered or added to is first

obtained.

(5)	Where a sample copy is altered or

added to it shall be deemed never to have been

approved as altered or added to.

26o. A censor may at any time revoke his certi- power of

ficate of registration of any film which has been

registered subject to a condition imposed by him certificate,

if he is satisfied that the condition has not been

complied with.

26p . a censor may at any time order the with- Withdrawal

drawal of a film from exhibition if it is shown to the satisfaction of the censor that such a course is necessary in the public interest, and the censor may revoke the certificate of registration in respect of the film in whole or in part and may issue an amended certificate.

26q. N o action or suit shall be brought or main- Protection of

tained against—

censor, etc.

(a)	any officer or authority referred to in section

26d of this Act; or

(b)	any person or authority authorised as referred to in section 26i of this Act,

for any act done or thing omitted to be done by him in the exercise or discharge of his powers, authorities, duties or functions as a censor or as appeal authority, as the case may require.

/ ■

• '

26r

Theatres and Public Halls {Amendment).

No. 81, 1969

26r. (1 ) Every person who, in contravention

Penalty for	of the provisions of this Part, exhibits in a theatre
exhibiting	or public hall any picture from a film which has
pictures
from films	not been registered as provided by this Part shall
not	be liable to a penalty not exceeding five hundred
registered.	dollars.
(2) The court by which a penalty is imposed under subsection one of this section may order the film in regard to which the penalty is imposed to be forfeited to the Crown.
(3) A film forfeited under subsection two of this section shall be dealt with in such manner as a censor directs.

Penalty for	26s.	Subject to this Part any person who—
publication
of posters,

advertise

(a) publishes, distributes, exhibits, or otherwise

ments, etc.,	disseminates in any manner or causes to be
as to
films not	so published, distributed, exhibited, or
registered	disseminated any poster, photograph, sketch,
copies not
or sample	programme, slide or advertisement or
submitted	written, printed or oral matter in the nature
or not
approved.	of an advertisement of or with respect to any film or portion of a film—

(i) which film or portion of a film has not been registered as provided by this Part; or

(ii) a sample copy of which poster,

photograph,

sketch,

programme,

slide, or advertisement or written, printed or oral matter in the nature of an advertisement is required by a censor to be submitted to him for approval and has not been so sub mitted or if so submitted has not been approved as provided by this Part; or

(iii)

Theatres and Public Halls {Amendment).

(iii)

which poster, photograph, sketch, no. 81, 1969 or written, printed or oral matter in the nature of an advertisement has been altered or added to after approval of a sample copy thereof by a censor and a sample copy thereof as so altered or added to has not been approved as provided by this Part; or

(b)	prints, publishes, distributes, or otherwise disseminates in any manner or causes to be so printed, published, distributed or dis seminated any photographic or other reproduction of any film or portion of a film which film or portion of a film has not been registered as provided by this Part,

shall be liable to a penalty not exceeding one hundred dollars for or in respect of each such publication, distribution, exhibition, or dissemina tion or (as the case may be) each such printing, publication, distribution or dissemination.

26t . a film or part of a film or a sample copy Power of

of any poster, photograph, sketch, programme, shde

or advertisement or written, printed or oral matter certain films

in the nature of an advertisement which film or part “ pies*”*̂**

thereof or which sample copy has been submitted	’
pursuant to this Part to a censor and to which he has refused registration or approval (as the case may require) may be retained by the censor, but such film or such part of a film may be returned to the person who submitted it for registration if the censor is satisfied that it will be forthwith disposed of in such manner as the censor directs.

26u. In any proceedings under this Part, without what

affecting the liability of any person for any offence

under this Part, a person shall be deemed to exhibit of afUm

a picture in a theatre or public hall if he conducts

the

Theatres and Public Halls {Amendment).

No. 81, 1969

the exhibition of that picture therein or on the occasion in question has the superintendence or management of the theatre or public hall wherein that picture is exhibited.

Penalty for	26v. Every person who is guilty of any contra
contraven

tions of	vention of or failure to comply with any provision
Part not	of this Part for which no penalty is expressly
otherwise
provided for.	provided shall be liable to a penalty not exceeding one hundred dollars.

Censor’s	26w. In any proceedings for an offence against
certificate

to be prima	this Part, a certificate in the prescribed form signed
facie	or purporting to be signed by a censor and stating—
evidence.

(a)	that a film has been registered under this Part;
(b)	that a film has not been registered under this Part;

ic) that an advertisement relating to a film has

been approved under this Part;

(d)	that an advertisement relating to a film has not been approved under this Part; or
(e)	the classification of a film registered under this Part, in accordance with subsection two of section 26h of this Act,

shall be prima facie evidence of the matter so stated

in the certificate.