Theatres, Public Halls and Cinematograph Films Act 1937 (NSW)
THEATRES, IT RETO HALLS AND
OINE3IATOGRAPH EIIAIS A(;T.
Act No. 44, H)37.
George VI, A ll Act to make further provision in relation
0.4̂ 937. licensing and regulation of tlieatres and public halls and in relation to the exhibition of Australian cinematograph films; to amend the Theatres and Public Halls Act, 1908, and the Cinematograph Films (Australian Quota) Act, 1935, in cer tain respects; and for purposes connected therewith. [Assented to. 23rd December,
| 1937.] | ' |
T3 E it enacted l)v tlie Kindi's llost Excellent IMajesty,
by and with the advice and consent ol the Ijeyis-
lative Council and Legislative Assembly of New South
W'ales in Ihirliament assembled, and by the authority of
the same, as follows ;—
PART I.
P E E L I i l lX A E Y .
| Short t it le | 1. | (1) This Act may be cited as the “ Theatres, Public |
i t̂oParti”̂ Halls and Cinematograph Films xlct, 1937.”
(2)1
| Theatres, Public Halls and Cinematograph Films Act. | 525 |
| (2) | This Act is divided into Parts as follows:— | No. 4M937. |
| FART | I.— P k e l im in a k y . |
PART II.— A m e n d m e n t oX'’ t h e T h e a ie e s a n d P ublio
H .alls A ct , 1908.
| PART | III.—’A m e n d m e n t | of | t h e | C in e m a t o g r a ph |
| F il m s | ( A u st r a l ia n | Q u o t a ) | A ct , | 1935. |
PART II.
| A m e n d m e n t | of | t h e | T h e a t r e s | a n d | P u b l ic | H alls | A ct , |
1908.
2 . (1) The Theatres and Public Halls Act, 1908, as Amcnaincnt
amended by this Act, may be cited as the Theatres and of A<t No.
| Public Halls Act, 1908-1937. | ' |
(2) The Theatres and Public Halls Act, 1908, is New secs,
amended by inserting after section thirteen the following
new sections:—
13a. (1) No person shall, on or after the first day Exhibition
of March one thousand nine hundred and thirty-eight, of cinemnto- exhibit a cinematograph him in any theatre or public —pr̂ isenbod
| . |
hall unless the license held in respect of such theatre endorsement, Avith the regulations under the hand of the Minister or under the hand of any person appointed bŷ him in that behalf specially authorising the exhibition of cinematograpli hlms in such theatre or public hall.
Such endorsement is in this Part referred to as “ the prescribed endorsement.”
| This subsection shall not appN to or in respect of any cinematograph film referred to in paragrapli (a), | |
| ’ | (b), (c), (d), (e), (f) or (g) of subsection one of |
| ■ | section throe of the Cinematograph Films (Aus tralian Quota) Act, 1935. |
| (2) Where an application is made under this Part for the renewal of a license issued either before or after the commencement of the Theatres, Publio |
Halls
526 Theatres, Public Halls and Cinematograph Films Act.
| No. 44.1937. |
Halls and Cinematograpli Films Act, 1937, the appli cation may include an application for the prescribed endorsement.
(3) An application for the prescribed endorse ment on a license issued under this Part, either before or after the commencement of the Theatres, Public Halls and Cinematograph Films Act, 1937, and current at the date upon which the application is made, may be made at any time in accordance with the regulations.
(4) Where an application under this Part for an original license in respect of a proposed building has been made before the commencement of the Theatres, Public Halls and Cinematograph, Films Act, 1937, and such license has not been issued before such commencement, an application, in accord ance with the regulations, may be made, at any time after such commencement, for the prescribed endorsement on the license if and when the same is issued.
(5) "Wliere an application under this Part for an original license in respect of a proposed build ing is made after the commencement of the Theatres, Public Halls and Cinematograph Films Act, 1937, an application in accordance with the regulations may bo made at the same or any other time for the pre scribed endorsement on the license, if and when the same is issued.
(6) (a) Wliere an application for the pre scribed endorsement is included in an application under this Part for the renewal of a license, issued either before or after the commencement of the Theatres. Public Halls and Cinematograph Films Act, 1937, and the theatre or public hall in respect of which the license is held has, during the period of six months immediately preceding the date upon which the application is made, been used wholly or mainly for the purpose of exhibiting cinematograph films, the application for the prescribed endorsement shall not be refused unless the application for re newal of the license is refused.
(b)
\ ,
| Theatres, Public Halls and Cinematograph Films Act. | 527 |
Nj . I t 1937.
| (b) | Where an application is made for the |
prescribed endorsement on a license issued under this Part, either before or after the commencement of the Theatres, Public Halls and Cinematograph
| - | Films Act, 1937, and current at the date of the appli cation, and the theatre or public hall in respect of which the license is held has, during the period of |
| ’ | six months immediately preceding the date upon which the application is made, been used wholly or mainly for the purpose of exhibiting cinematograph |
| ' | films, the application for the prescribed endorsement shall not be refused. |
| , | (c) In the application of paragraph (b) |
of this subsection in relation to a license which is an original license and which was issued during the period of six months immediately preceding the date of the application for the prescribed endorsement, the reference in that paragraph to the period of six months shall be construed as a reference to the period commencing upon the date of the issue of the license and ending on the date upon which such application is made.
(d) Where an application is made for the prescribed endorsement on any such original license as is referred to in subsection four of this section, and—
(i) the plans and specifications for the proposed building have been approved before the date upon which the application is made; and
(ii) it is reasonably clear, having regard to such plans and specifications, that the proposed building is intended to be used wholly or mainly for the purpose of exhibiting cinc-
| ' | matograph films, |
the application for the prescribed endorsement shall not be refused unless the application for such origi nal license is refused.
| (7) | (a) An application for the prescribed |
endorsement made at any time after the commence ment of the Theatres, Public Halls and Cinemato graph Films Act, 1937, and before the first day of
January
528 Theatres, Public Halls and Cinematograph Films Act.
| No. 44,1937. |
Jami.'U’y, one thousand nine hundred and thirty-nine, shall not be granted exce[»t with the apiiroval of the Goveruor.
| (b) | Paragraph (a) of this subsection |
shall not a])])ly to or in respect of an application which, pursuant to the provisions of subsection six of this section, shall not be refused.
| (8) | In this Part the expression “ cinemato |
graph Him” shall have the meaning ascribed to it in the Cinematograph Films (Australian Quota) Act ̂ 1935.
| Tlle<^t^os | 13u. (1) As soon as practicable after the com- |
and Public
| Halls | menceuient of the Theatres, Public Halls and Cine |
| tion | |
| Investiga.- | matograph Films Act, 1937, there shall be constituted |
| Committee. | a Theatres and Public Halls Investigation Commit tee (in this Part referred to as “ the Committee” ). |
| (2) | The Committee shall consist of Hires |
members.
One of such members shall be the person who for
the time being hobls the office of Under Secretary,.
Chief Secretary’s Hepartment. .
The said Under Secretary shall be the chairman of
the Committee.
| ' | (3) The Governor may appoint two other persons to be members of the Committee. |
| ’ | .V person shall not be qualified to hold office under this subsection if he has any direct or indirect pecuniary interest in any trade or business connected with or relating to the production, distribution or exhibition of cinematograph films. |
| (4) Any two members of the Committee, one of whom sliall be the chairman, sliall form a quorum for the purpose of transacting any business of the Committee. | |
| (5) The procedure for the calling of meetings of tlie Committee and for the conduct of business at such meetings shall, subject to the regulations, be as determined by the Committee. |
| ̂ | (fiV |
| Theatres, Puhlie Halls and Cinematograph Films Act. | 52i) |
(6) The members of the Committee, other than the chairman, may be paid such fees (if any) as the Governor may determine.
(7) (a) The Committee shall, as soon as prac ticable after the commencement of the Theatres, Public Halls and Cinematograph Films Act, 1937, conduct investigations in relation to matters aft'ect- ing the administration of those provisions of thi.s Act which relate to the licensing, control and regni- lation of theatres and public halls used or intended to bo used for the exhibition of cinematograph trims.
Without prejudice to the generality of the fore going provisions of this paragraph the investigations referred to in those provisions shall include investi gations as to the following m atters:—•
(i) the standards of accommodation which should be required in any such theatre or public hall;
(ii) the amount of any fees which should be pre scribed in relation to the granting of any application for a license for any such theatre or public hall or for a prescribed endorse ment, or in relation to any other applica tion made under this P a rt;
| ' | (iii) | the general quality of cinematograph films which have been or are being exhibited in any such theatre or public hall, including the artistic and photographic merit of any such film, its appeal to the interest of the public generally and its entertainment value in any particular locality; |
| . | (iv) | the methods (if any) which should be adopted for regulating and controlling charges for admission to any such theatre or public hall, or for fixing the maximum amount or amounts which should be charged for such admission; |
| (v) | the methods which should be adopted in or in relation to any such theatre or public | |
| _ | hall, in order to provide adequately for |
safeguarding
530 Theatres, Public Halls and Cinematograph Films Act.
| No. 44, 1937. |
safeguarding the health and securing the safet}’, comfort and convenience of the public;
(vi) any other relevant considerations affecting the public interest in relation to any such theatre or public hall or the exhibition of cinematograph films therein;
(vii) the further laws which in the opinion of the Committee should ho enacted in this State in relation to all or any of the matters mentioned in this paragraph.
(b) The Committee shall also investigate such matters as may from time to time be referred to it by the Minister.
(c) The Committee shall furnish to the Minister a report setting out the results of its inves tigations under this section together with such recommendations as it thinks fit.
The report shall ])o furnislied not later than the thirtieth day of June one thousand nine hundred and thirty-eight and shall be accompanied by a draft Bill for the legislation necessary to give effect to its report and recommendations.
| I 'urt l icr | (3) | The Theatres and Public Halls Act, 1908, is |
| timenduicnt |
| Of Act Xo. | further amended by inserting after paragraph (a) |
| 13, 1908. | of section thirty-one the following new paragraph:— are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying this Act into effect. |
| !8cc. 31. |
| ( OoTiernl | (al) prescribing all matters which by this Act |
| regulations.) |
PART
| Theatres, Public Halls and Cinematograph Films Act. | 531 |
| ̂ | No. 'W, 1937, |
| PART III. | — |
| A m e n d m e n t | of | t h e | C in e m a t o g r a ph | F il m s |
| ( A u s t r a l ia n | Q u o t a ) | A ct , | 1935. |
3. (1) Tlie Cinematograpli Films (Australian Quota)
Act, 1935, as amended by this Act, may be cited as the 41̂ 193);. '
Cinematograph Films (Australian ()iiota) Act, 1935-1937.
| (2) | Tlie Cinematograph Films (Australian Quota) Soc. 4 (i), |
Act, 1935, is amended—
| _ | (a) (i) by omitting subsections one, two and throe of section four and by inserting in lieu thereof the following subsections;— |
(1) (a) Of the total number of “ quota”
| ̂ | films, other than British “ quota” films, |
| , | acquired by a distributor for the purposes of |
| ' | his business in either the year commencing on the first day of January one thousand |
| , | nine hundred and thirty-eight or the year commencing on the first day of January one thousand nine hundred and thirty-nine, it shall be his duty to acquire and make avail able for distribution in that year not less than the proportion of Australian “ quota” films which is equivalent to three per centum. |
| (b) Of the total number of “ quota” films, other than British “ quota” films acquired by a distributor for the purposes of | |
| ■ |
| ' | his business in the year commencing on the first day of January one thousand nine hun |
| ' | dred and forty or in any subsequent year, it shall be his duty to acquire and make available for distribution in that year not less than the proportion of Australian |
| C | “ quota” films fixed by the Governor, pur suant to section 6 a of this Act, for that year. |
| (c) Where the result obtained ig calculating the proportion under this sub section includes a fraction, the result shall be increased by one, and the fraction shall | |
| 1)0 disregarded. |
(d)
532 Theatres, Public Halls and Cinematograph Films Act.
| No. 44. 1937. |
(d) For tlie purpose of calculating the proportion under this section no Aus tralian “ quota” film shall be counted more than once, nor shall any such film be counted by more than one distributor.
(e) Provided always that where a distributor has in any year acquired an Australian “ quota” film, and the contract under which such film is acquired provides—
(i) that the distributor shall pay to the producer in respect of the exhibi tion of such film elsewhere than in the Commonwealth of Australia and tlie Dominion of New Zealand, a sum not less than ten thousand pounds; and also
(ii) that the distributor shall, within six months after the date upon which the film has been acquired by him, pay to the producer tbe sum of five thousand pounds in reduction of the amount referred to in subparagraph (i) of this para graph,
the film so acquired may, in respect of its exhibition elsewhere than in the Common wealth of Australia and the Dominion of New Zealand, be counted in that year as one Australian “ quota” film for the pur poses of this subsection.
(2) If in any year a distributor is unable to comply with the requirements of subsec tion one of this section by obtaining posses sion of films for the purpose of hiring or selling the same it shall be his duty to pro duce or cause to be produced and to make available for distribution in that year a sufficient number of Australian “ quota” films to enable him to comply with such requirements.
(ii)
| Theatres, Public Halls and Cinematograph Films Act. | 533 |
(ii) by omitting from subsection four of tho^°‘-— same section the words “ For the purpose of enabling the Minister to exercise the powers conferred upon him by the provisions of this section” ;
(iii) by omitting from subsection five of the same section the words “ of the years specified in the First Schedule” and by inserting in lieu thereof the word “ year” ;
(iv) by omitting from the same subsection the words “ or with those requirements as modi fied in accordance with subsection two of this section” ;
;
(v) by omitting subsection six of the same section;
| (b) by omitting from section five the words “ of the Sec.s. | : |
years specified in the First Schedule” and by
| inserting in lieu thereof the word “ year.” | businesses.) |
(3) Subsection two of this section shall commence on the first day of January one thousand nine hundred and thirty-eight.
(4) Where a distributor satisfies the Films Advisory Committee on or before the thirtj'-first day of March one thousand nine hundred and thirty-eight—
| (a) | that he has made all arrangements necessary to enable him to comply with the provisions of |
| ' | section four of the Cinematograph Films (Aus tralian Quota) Act, 1935-1937, in respect of the year commencing on the first day of January one thousand nine hundred and thirty-eight; or |
| " | (b) | that he has made any arrangement which will materially assist the development of the] film production industrj" in New South Wales, |
the Minister may, if the Films Advisory Committee so recommends, exempt him from liability for failure; to comply with the provisions of section four of the Cinematograph Films (Australian Quota) Act, 1935, in respect of the year commencing on the first day of Januarv one thousand nine hundred and thirtv-seven.
| ‘ | ' | (5), |
534 Theatres, Public Halls and Cinematograph Films Act.
| No. 44,1937. |
(5) The Cinematograph Films (Australian Quota)]
| Sec. 6. | Act, 1935, is further amended—■ |
| (Exhibitors’ | (a) by omitting subsection one of section six and by (1) (a) Of the total number of “ quota” films exhibited by any exhibitor in either the year commencing on the first day of July one thousand nine hundred and thirty-eight or in the year commencing on the first day of July one thousand nine hundred and thirty-nine it shall be his duty to exhibit, in that year, in each theatre in which he exhibits films, not less than the jjroportion of Australian “ quota” films which is equivalent to two and one-half per centum. |
| quota.) | inserting in lieu thereof the following subsec- tion:—■ |
| (b) Of the total number of “ quota” films exhibited by any exhibitor in the year commen cing on the first day of July one thousand nine |
| ' | hundred and forty, or in any subsequent year, it shall be his dutj’ to exhibit, in that year, in each theatre in which he exhibits films, not less than the proportion of Australian “ quota” films fixed by the Governor pursuant to section 6 a of this Act for that year. |
| (c) Where the result obtained in comput ing the proportion under this subsection includes | |
| ' | a fraction, the result shall be increased by one and the fraction shall be disregarded. |
| (b) | by omitting from subsection five of the same section the words “ of the years specified in the Second Schedule” and by inserting in lieu thereof the word “ year” ; |
(c) by omitting subsection six of the same section.
(6) Subsection five of this section shall commence on the first day of July one thousand nine hundred and thirty-eight.
| Kew sec. 6a. | (7) The Cinematograph Films (Australian Quota) |
Act, 1935, is further amended—
| (a) | by inserting after section six the following new section:— |
| Quotas to | 6a . (1) Tlie Films Advisory Committee, con stituted under this Act, shall make inquiries annually as to the extent of the production of |
| bo fixed by | |
| the Gover- |
Australian
| Theatres, Public Halls and Cinematograph Films Act. | 535 |
No. 41, 1937.
Australian “ quota” films, and sliall, during the Iieriod of three months next iireceding the first day of September one thousand nine hundred and thirty-nine and during the corresponding period in each subsequent year furnish to the Governor a report setting out the results of such inquiries.
The report shall bo accompanied by the follow ing recommendations:—•
| (a) | A recommendation setting out the pro portion of Australian “ quota” films wliicli, in the opinion of the Films Ad visory Committee, should be fixed by the Governor as the minimum propor tion to be acquired by a distributor for the purposes of his business and made available for distribution pursuant to subsection one of section four of this Act, in the year commencing on the first day of January next following the date |
| " | upon which the report is furnished. |
| (b) | A recommendation sotting out the pro- liortion of Australian “ quota” films which, in the opinion of the Films Ad visory Committee, slioiild be fixed by the Governor as the minimum jiropor- tion to be exhibited liy an exhibitor pursuant to subsection one of section six of this Act in the year commencing on the first day of July next following the date upon which the report is fur | |
| ’ | nished. | |
|
recommendations of the Films Advisory Com mittee the Governor shall, as soon as practicable, by notification published in the Gazette—
| (a) | fix the minimum proportion of Aus tralian “ quota” films which shall be acquired by a distributor for the pur poses of his business and made avail able for distribution pursuant to sub section one of section four of this Act |
| BZ6 | Theatres, Public Halls and Cinematograph Films Act. |
| No, 44,1937. |
in the year eonimencing cm the first day of January next following the date upon which the report is fnrnished.
| (b) | fix the minimum proportion of Aus tralian ‘'cjuota” films which shall be exhibited by an exhibitor pursuant to subsection one of section six of this Act in the year commencing on the first day of July next following the date upon which tlie report is furnished. |
| New see. 7a . | (b) by inserting after section seven the following new section;— |
| Kight of |
| exhibitor to | 7a. (1) Notwithstanding anything contained in |
| reject | any contract entered into by an exhibitor, |
| onc-lmlf | |
| tivclve and | wlu'ther before or after the commencement of |
| per centum | the Theatres, Public Halls and Cinematograph |
| 111 ms. | |
| of foreign | Films Act, 1937, for the supply to him, for exhibi- |
| - | tion, of any fihns, such exhibitor shall, subject to the jirovisions of this section and Avithout inciir- | ||
| - | ring any liability for breach of contract, haA’e the right to reject up to twelve and one-half per | ||
| - | centum of the number of films (other than Aus tralian and British films) proposed to bo de livered to him in terms of that contract. "Where for the purpose of this subsection HveWe and | ||
| - | one-half per centum of any number of films is not a whole number such percentage shall be | ||
| ̂ |
| ||
| Provided always that this subsection shall not apply to any contract for the hire of any film or fihns manufactured or produced within the British Empire. | |||
| (2) Notice of intention to reject any film jiursuant to the right conferred by this section shall be given by the exhibitor to the distributor or other supplier not less than twenty-eight days before the proposed date of exhibition in eases where advice as to the name of the film has been receh'cd by the exhibitor at least six weeks prior | |||
| ■ | to the aforesaid date ; in any other case the notice required to be given by the exhibitor may bo |
given
| Theatres, Public Halls and Cinematograph Films Act. | 537 |
| given at any time within fourteen days after the | ̂ | ̂ ' |
| receipt by liim of advice as to the name of the film. |
| (3) | The right of rejection of films con |
ferred by this section shall be in addition to the right of rejection of films conferred by section seven of this Act.
(S) (a) The Cinematograph Films (Australian Sciieduies.
Quota) Act, 1935, is further amended— (i) by omitting tlie First Schedule; (ii) by omitting the Second Schedule.
(b) Tlie amendment made by subparagraph (i) of paragraph (a) of this subsection shall commence on the first day of January, one thousand nine hundred and thirty-eight.
(c) The amendment made by subparagraph (ii) of paragraph (a) of this subsection shall commence on the first day of July, one thousand nine hundred and thirty-eight.
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