Theatres, Public Halls and Cinematograph Films (Amendment) Act 1938 (NSW)
THEATRES, PUBLIC HALLS AND
CINEMATOGRAPH FILMS
(AMENDMENT) ACT.
An Act to provide for the constitution of a Theatres and Films Commission; to confer and impose upon that Commission certain powers, authorities, duties and functions; for these and other purposes to amend the Theatres and Public Halls Act, 1908-1937, the Act No. 35, 1938.
the Cinematograph Films (Australian Quota) Act, 1935-1937, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 22nd December, 1938.]
| BE it enacted b y the King ' s M o s t Excel lent Majes ty , | b y and wi th t h e advice and consent of t h e | Legis |
| lative Council and Legis la t ive Assembly | of N e w | S o u t h |
| Wales in P a r l i a m e n t | assembled, and by the | au tho r i t y | of |
the same, as follows :—
P A R T I. P R E L I M I N A R Y .
| 1 . | (1) | This Act may be cited as the " T h e a t r e s , Public |
| Hal l s and Cinematograph F i lms | (Amendment) | Act, |
| 1938. | " (2) The Thea t res and Public Hal l s Act, 1908-1937, |
as amended by this Act, m a y be cited as the Thea t res and
Public Hal l s Act, 1908-1938.
(3) The Cinematograph F i lms (Aus t ra l i an Quota)
Act, 1935-1937, as amended by this Act, may be cited as the Cinematograph F i lms Act, 1935-1938.
2 . This Act is divided into P a r t s as follows:—
P A R T T . — P R E L I M I N A R Y . P A R T
I I . — A M E N D M E N T OF T H E T H E A T R E S AND
P U B L I C H A L L S A C T , 1908-1937.
P A R T I I I . — A M E N D M E N T OF T H E CINEMATOGRAPH F I L M S ( A U S T R A L I A N Q U O T A ) A C T , 1935-1937.
P A R T I V . — G O V E R N M E N T G U A R A N T E E . PART
P A R T I I .
A M E N D M E N T OF T H E T H E A T R E S AND P U B L I C H A L L S A C T , 1908-1937.
3 . The Thea t res and Public Hal l s Act, 1908-1937, is amended by omit t ing from p a r a g r a p h (a) of subsection seven of section 13A the words " a n d before the first day of J a n u a r y , one thousand nine hundred and th i r ty -n ine . "
4 . (1) This section shall commence upon a date to be appointed by the Governor and notified by proclamat ion published in the Gazette.
(2) The Thea t res and Public Hal ls Act, 1908-1937, is fur ther amended—
(a)
by inserting in subsection one of section four, immediately before the definition of the word
" L i c e n s e d " the following new definition:—
" C o m m i s s i o n " means the Thea t r e s and F i lms
Commission const i tuted under the Cinematograph F i lms Act, 1935-1938;
(h)
by omitting section 13B and by inserting in lieu thereof the following new sections :—
13B. W h e r e in an appl icat ion under this P a r t for the renewal of a license which bears the prescr ibed endorsement there is included an applicat ion for the prescr ibed endorsement on the renewed license, the appl icat ion for the pre
scribed endorsement shall not be refused unless the appl icat ion for renewal of the license is
refused.13c. E v e r y applicat ion under subsection one of section nine of this Act for provis ional approva l of p lans and specifications of a pro posed building shall, where the proposed build ing is intended to be used wholly or mainly for the purpose of exhibit ing c inematograph films, contain a s ta tement to that effect which shall be in or to the effect of the prescr ibed form.
13D.
13D. (1) This section shall app ly to the fol
lowing appl icat ions and to those applicat ions
only :—
(a) An application made before the com mencement of section four of the Thea t res , Public Hal ls and Cinemato g raph F i lms (Amendment ) Act, 1938, for the prescr ibed endorsement on— (i) a license issued under this Part and cur rent at the date of the applica tion ; or
(ii) an original license which was appl ied for under this P a r t on or after the twenty- th i rd day of December, one thousand nine hun dred and thir ty-seven, and before such commencement, but h a d not in fact issued at the da te of the applicat ion for the prescribed endorsement :
P rov ided tha t this p a r a g r a p h shall not extend to or in respect of an appl icat ion which has been disposed of before such commencement.
(b) An application made after such com mencement for the prescr ibed endorse ment on— (i) a license issued under this Part and cur ren t at the date of the applica
tion ; or (ii) an original license applied for under this P a r t ei ther before or af ter such commencement and which has not in fact issued a t the da te of the appl icat ion for the pre
scribed endorsement :
P rov ided tha t this p a r a g r a p h shall not extend to or in respect of an applicat ion for the prescr ibed endorsement on an original license where the original license was appl ied for before the twenty- th i rd day of December, one thousand nine hun-
| Q | dred and thir ty-seven. (c) |
(c) An application for the approval of the
Minis ter of addi t ions to or a l tera t ions of a licensed building where—
(i) the license held in respect of such
building bears the prescr ibed
endorsement , and (ii) the proposed additions or altera tions a re designed to provide addi t ional seat ing accommodation in the building.
(d) Any application referred to in section (2) The provisions of subsection seven of
section 13A of this Act shall not extend to or in respect of any applicat ion to which this section applies .
(3) The Minis ter shall refer to the Com mission every applicat ion to which this section applies , together with any repor t or information re la t ing there to furnished to him by an officer of the Public Service author ised by him in thatbehalf.
(4) (a) The Commission shall, by adver t isement published in the Gazette and in not less than two newspapers circulat ing in the locality in which the building to which the appli cation relates is s i tuated, notify the fact tha t the applicat ion has been refer red to the Commission.
(b) The notice shall be given in
appoint a da te on or before which objections to accordance with the regulat ions , shall contain such par t icu la rs as may bo prescribed, and shall the g ran t ing of the applicat ion may bo lodged
with the Commission.(c) A reference in any provisions of this Act to " t h e closing date for ob jec t ions" shall in the applicat ion of such provisions to or in respect of any par t i cu la r applicat ion bo con s t rued as a reference to the da te appointed unde r p a r a g r a p h (b) of this subsection in relation to
tha t applicat ion.
(5)
(5) (a) An objection to the g ran t ing of
the applicat ion may be lodged with the Commission—
(i) by any person authorised in writing in tha t behalf by the Minis ter ei ther general ly or for any par t i cu la r case or class of cases ;
(ii) by any other person whomsoever.
(b) An objection may be made on
any one or more of the following grounds , sof a r as those grounds a re app rop r i a t e to the
charac te r of the appl ica t ion:— (i) that the use of an additional building for the exhibition of c inematograph films is not required for the accommodation of the people in the a rea which would be served by the bui ld ing;
(ii) that additional seating accommodation in a building used for the exhibition of c inematograph films is not required for the accommodation of the people in the a rea which would be served the reby ;
(iii) that the buildings for the time being in use for the exhibition of c inematograph films provide p roper ly and adequately for
the requi rements of such a r e a ; (iv)
that the g ran t ing of the appl icat ion would resul t in undue competit ion or economic w a s t e ;
(v) that it is not in the public interest that the applicat ion should be gran ted .
(c) An objection shall not be valid
unless—
(i) it is lodged with the Commission before the closing date to r objections;
(ii) it is accompanied by the fee prescribed in subsection six of this section;
(iii)
(iii) it is accompanied by a statement in wr i t ing verified by s t a tu to ry declarat ion set t ing out the facts and circumstances on which the objector relies to suppor t the grounds of his objection;
(iv) it is made on one or more of the grounds
set out in p a r a g r a p h (b) of t h i s subsect ion;
(v) it is in or to the effect of the prescribed
form.
(6) E v e r y objection lodged with the
Commission under this section shall be accom panied by a fee of five pounds which shall be applied by the Commission in meeting the costs and expenses incurred by or on behalf of the Commission in dealing wi th the objection.
(7) If no valid objection is lodged with the Commission, the Commission shall, as soon as pract icable after the closing date for objec tions, de termine whether or not the appl icat ion shall be granted .
(8) (a) W h e r e any valid objection is received by the Commission, the Commission shall within the prescr ibed t ime cause notice of the objection to be given in the prescr ibed manner to the appl icant .
(b) The notice shall be accompanied
by a copy of the objection and of the s ta tementre fer red to in subpa rag raph (iii) of p a r a g r a p h
(c) of subsection five of this section. (c) The appl icant m a y within such period as may be specified in the notice, lodge with the Commission a s t a tement in wr i t ing verified by s t a tu to ry declarat ion set t ing out the facts and circumstances on which he relies to answer the content ions of the objector. (d) The Commission shall, as soon as pract icable af ter the expira t ion of the per iod specified in p a r a g r a p h (c) of this subsection, consider the applicat ion and determine whe the r or not the applicat ion shall be g ran ted
(9)
(9) In making such de te rmina t ion the Commission shall have regard to any valid objec tion lodged in respect of the application, and any s ta tement accompanying such objection, and to any s ta tement lodged by the appl icant pur suant to p a r a g r a p h (c) of subsection eight of this section.
(10) E v e r y de terminat ion of the Commis sion under this section shall be notified in the Gazette and, subject to the provisions of sub section eleven of this section shall be car r ied into effect.
(11) (a) An appl icant whose application has been refused, or a person who has lodged a valid objection agains t an applicat ion which has been g ran ted may, within one month after the l a t e upon which the determinat ion of the Commission in relat ion to the applicat ion has been notified in the Gazette, appeal agains t such determinat ion to the Dis t r ic t Cour t within the dis t r ic t of which the building or proposed build ing to which the applicat ion relates is or is to be s i tuated.
(b) The appeal shall be in the
na tu re of a re-hear ing of the application.
(c) The decision of the Distr ic t Court upon the appeal shall be final, and for the purposes of this Act shall be deemed to be the final determinat ion of the Commission, and shall be carr ied into effect.
jur isdict ion to bear and decide any appeal under (d) The Dis t r ic t Cour t shall have this section and the provisions of the Distr ic t Cour ts Act, 1912, as amended by subsequent Acts shall, with such modifications as may be neces sa ry to give effect to this subsection, apply to and in respect of the appeal .
(e) Wi thou t prejudice to the
general i ty of p a r a g r a p h (d) of this subsection the Distr ic t Court may, on any appeal under this subsection, make such order as to costs as i t thinks fit.
P A R T
P A R T I I I .
A M E N D M E N T OF T H E CINEMATOGRAPH F I L M S ( A U S T R A L I A N
Q U O T A ) A C T , 1 9 3 5 - 1 9 3 7 .
5 . ( 1 ) This section shall commence upon a elate to be
appointed by the Governor and notified by proclamat ion
published in the Gazette.
(2) The Cinematograph F i lms (Aus t ra l i an Quota)
Act, 1 9 3 5 - 1 9 3 7 , is amended—
(a) (i) by omitting from the definition of "British
F i l m s " in section two the words " t h e Imper ia l Act, the Cinematograph F i lms Act, 19127," and by inser t ing in lieu thereof the words " r e g i s t r a t i o n under P a r t I I I of
the Imper i a l Act, the Cinematograph F i lms
Act, 1 9 3 8 " : (ii) by omitting from the same section the definition of the word " C o m m i t t e e " and by inser t ing in lieu thereof the following new definition:—
" C o m m i s s i o n " means the Thea t r e s and Fi lms Commission const i tuted under this Act.
(iii) by inserting in the same section after the
definition of the word " L e n g t h " the follow
ing now definition:—
" M e m b e r " means member of the Com
mission.
(h) (i) by omit t ing from p a r a g r a p h (g) of subsec- section one of section three the words " F i l m s Advisory Committee const i tuted under this A c t " and by inser t ing in lieu
thereof the word " C o m m i s s i o n " ; (ii) by omitting from subsection two of the same
section the words " F i l m s Advisory Com mittee const i tuted unde r this A c t " and by inser t ing in lieu thereof the word " C o m m i s s i o n " ;
(c)
(c) (i) by inser t ing next af ter p a r a g r a p h (b) of subsection one of section six the following
new p a r a g r a p h : — (b1) W h e r e in the year commencing on the first day of Ju ly , one thousand nine hundred and thir ty-nine or in any subse quent year , an exhibitor exhibits in any par t i cu la r thea t re in which he exhibits films fifty-two issues of an Aus t ra l i an film de pict ing wholly or mainly news and cur ren t events, such fifty-two issues shall be counted in tha t yea r as one Aus t ra l i an " q u o t a " film for the purposes of this subsection in respect
of tha t t h e a t r e ; (ii) by omitting from subsection three of the
same section the words " F i l m s Advisory
C o m m i t t e e " and by inser t ing in lien thereof
the word " C o m m i s s i o n " ;
(d) by omit t ing from section 6A the words " F i l m s
Advisory C o m m i t t e e " wherever occurr ing and
by inser t ing in lieu thereof the word " C o m m i s s i o n " ;
(e) by omitting from subsection two of section seven
the word " t w e n t y - e i g h t " and by inser t ing in
lieu thereof the word " s e v e n " ; (f) (i) by omit t ing from subsection one of section
7A the words " twe lve and one-half" wher
ever occurr ing and by inser t ing in lieu
thereof the word "twenty-five " ; (ii) by inserting at the end of section 7A the fol lowing new subsections:—
(4) I n calculating the total number of films which arc the subject m a t t e r of a film contract or series of film contracts the num ber of films (other than Br i t i sh films and Aus t r a l i an films) which are the subject m a t t e r of tha t contract or series of con t rac t s and of other film cont rac ts with the same d is t r ibu tor whether such contracts form p a r t of the same t ransact ion or not
shall be calculated together. (5) (5) If the contract or series of contracts provides for the exhibition of films a t more than one thea t re separa te and distinct r ights of rejection may be exercised as r ega rds the films to be exhibited a t each thea t re as if there were separa te contracts for the exhibi tion of the films in each of the theat res .
(g) by omitting section eleven and by inserting in lieu thereof the following sections:— 11. (1) There shall be const i tuted a Thea t res and F i lms Commission which shall, subject to the control of the Minister , be charged with the adminis t ra t ion of this Act and shall exercise and per form the powers , author i t ies , duties and functions, conferred and imposed upon it by this or any other Act.
(2) (a ) The Commission shall consist of three members who shall be appointed by the Governor.
(b) One of such members shall, in and by his appoin tment be the cha i rman of the Commission and another of such persons shall, in and by his appoin tment be the deputy- chai rman of the Commission.
(c) A person shall not be qualified for
appoin tment as a member if he has any pecu
n ia ry in teres t in any branch of the film indus t ry .
(d) The provisions of the Public Ser
vice Act, 1902, or any Act amending tha t Act, shall not apply to the appoin tment of any member, and a member shall not in his capacity as a member be subject to the provis ions of any such Act dur ing his t e rm of office. (e) Any person appointed as a mem ber shall, subject to this section, hold office for a t e rm of five years , and shall be eligible for re -appoin tment from time to t ime. (3) The Governor may for any cause
which he deems sufficient remove from office
any member . (4)
(4) (a) If any member—
(i) d ies ; or
(ii) resigns his office by writing under his hand addressed to the Governor ; or
(iii) is absent from duty for a period of fourteen consecu tive days except on leave g ran ted by the Minis ter ; or
(iv) is removed by the Governor,
his office shall thereupon become vacant .
(b) The office of a member who acquires any pecuniary in teres t in any branch of the film indus t ry shall become vacant .
(c) The Governor may, subject to this Act, appoint a person to take the place of a member whose office has become vacant .
(d) Any person appointed to take the place of a member whose office has become vacant shall, subject to this Act, hold office as a member for the residue of his predecessor ' s term.(5 ) I n case of the illness, suspension or absence of the cha i rman of the Commission, the deputy chai rman shall act in his place and shall have and may exercise all the powers and author i t ies of the chairman.
(6) No act or proceeding of the Commis sion shall be inval idated or prejudiced by reason
only of the fact tha t at the time when such act
or proceeding was done, taken or commenced there was a vacancy in the office of any one member.
(7 ) The procedure for the calling of meet ings of the Commission, and the conduct of business at such meet ings, and the t imes at which such meet ings shall be held, shall, subject to any regulat ions which may be made by the Governor in relat ion thereto , be as determined by the Commission.
(8)
(8) Any two members of the Commission shall form a quorum for the purpose of t r ans act ing any business of the Commission.
(9) (a) Any duly convened meet ing of the Commission at which a quorum is present shall be competent to t r ansac t any business of the Commission.
(b) At any such meeting the chair man, or in his absence the deputy chairman, shall pres ide, and in the event of an equal division of votes on any question, the chairman, or in his absence the deputy chai rman shall have a second or cast ing vote.
(10) The chai rman and each other mem ber may be pa id such remunera t ion as the Governor may determine. The remunera t ion (if any) of the cha i rman or any member may be paid by way of sa la ry or by way of fees for
a t tendance at meet ings . (11) Nothing contained in this Act shall affect the r igh ts accrued and accruing under the Public Service Act, 1902, or under the Super annua t ion Act, 1916-1935, or any Act amending such Acts to any person appointed as a member under this Act who is at the t ime of his appoint ment, or has been a t any time previously there to , an officer of the Public Service or an employee within the meaning of the Superannua t ion Act, 1916-1935, or any amendment thereof.
(12) Any officer of the Public Service or person who is an employee within the meaning of the Superannua t ion Act, 1916-1935, or any amendment thereof appointed as a member under this Act shall continue to contr ibute to any fund or account, and shall be entit led to receive any deferred or extended leave and he or his widow or dependants shall be enti t led to receive any payment , pension or g ra tu i ty as if he were an officer or employee within the mean ing of the Public Service Act, 1902, or the Superannua t ion Act, 1916-1935, as the case may be,
be, or any Act amending or replacing those A c t s ; and for such purpose his service as a member shall be deemed to be service for the purpose of
such Acts . (13) The members of the Commission
shall be entit led to such leave of absence as may
be prescr ibed. (14) The Commission shall cause minutes of i ts decisions to be kept and cause minutes to be kept of i ts proceedings at formal meetings.
(15) No ma t t e r or th ing done by the Commission or by any member, or by any other person whomsoever act ing under the direction of the Commission shall, if the ma t t e r or thing was done bona fide for the purpose of executing this Act or of exercising any power or au thor i ty conferred on the Commission by this or any other Act, subject them or any of them person ally to any action, liability, claim or demand whatsoever .
(16) F o r the purpose of any inquiry which the Commission is author ised by this or any other Act to conduct the Commission and the cha i rman shall have the powers author i t ies protect ions a n d immunit ies conferred by the Royal Commissions Act, 1923-1934, on a com mission and the cha i rman of a commission respectively appoin ted under Division 1 of P a r t I I of tha t Act, and the said Act, section th i r teen
mutandis , apply to any witness summoned by and Division 2 of P a r t I I excepted, shall, muta t i s or appea r ing before the Commission. 11A. (1) The Commission may, at the request of any producer , d i s t r ibu tor or exhibitor, and shall at the request of the Minister , conduct an inquiry into any mat te r , d ispute or question rela t ing to films or to any par t i cu la r film, or to the production, dis t r ibut ion or exhibition of films, including any ma t t e r d ispute or question re la t ing to the refusal or fai lure of d is t r ibutors
or of any par t i cu la r d is t r ibutor to supply films or
or make available a supply of films to exhibi tors or to any par t i cu la r exhibitor, and any m a t t e r d ispute or question re la t ing to the h i r ing by a d is t r ibu tor or any agreement made by a dis tr i butor for h i r ing to an exhibitor a number of films in excess of the number reasonably required by the exhibitor for exhibition in the course of his business as an exhibitor and shall furnish to the Minis ter a repor t set t ing out the resul ts of any such inquiry.
(2) Such repor t shall, where the inquiry is conducted at the request of the Minister , be furnished to the Minister within the per iod specified in the request .
11B. (1) The Commission shall within six months after the commencement of section five of the Thea t res , Public Halls and Cinematograph Fi lms (Amendment ) Act, 1938, and may from time to t ime thereaf ter prescr ibe a s t anda rd form of contract in relat ion to the h i r ing of
films by d is t r ibu tors to exhibitors. (2) E v e r y s t andard form so prescribed shall be notified in the Gazette and shall a s from the da te upon which it is so notified or from a l a t e r da te to be specified in the notification and unt i l it is var ied or is superseded by a new s t a n d a r d form, be the s t andard form operat ive for the t ime being for the purposes of this Act .
(3) Upon the date upon which the
s t a n d a r d form required under subsection one of this section to be prescr ibed within six months af ter the commencement of section five of the Theat res , Public Hal l s and Cinematograph F i lms (Amendment) Act, 1938, becomes opera tive, every contract for the hir ing of films by a d i s t r ibu tor to an exhibitor made before the said da te shall be read subject to such s t anda rd form, and insofar as the te rms and conditions of any such contract p u r p o r t to negat ive or are incon sistent with any of the te rms or conditions of such s t anda rd form they shall not be binding ei ther on the d is t r ibu tor or on the exhibitor.
(4)
(4) (a) A s tandard form prescr ibed
under this section may be var ied at any t ime by the Commission upon a joint applicat ion made by or on behalf of a major i ty of the d is t r ibutors and a major i ty of the exhibitors for the time being regis tered under this Act.
(b) Any var ia t ion so made shall be notified in the Gazette and the s t anda rd form as so var ied shall as from the date upon which such notification is published in the Gazette or from a later date to be specified in the notification and until a further var ia t ion is made, or the s t andard form as var ied is superseded by a new s t anda rd form, be the s t anda rd form operat ive for the t ime being for the purposes of this section.
(5) E v e r y contract for the h i r ing of films
by a d is t r ibutor to an exhibitor entered into while a s t anda rd form is for the t ime being opera t ive shall be read subject to such s tandard form and insofar as the t e rms and conditions of any such contract pu rpo r t to negat ive or a re inconsistent with any of the t e rms or conditions of such s t andard form they shall not be binding ei ther on the d is t r ibutor or on the exhibitor.
(6) No contract entered into while a s t anda rd form of contract is for the time being opera t ive shall be affected by any var ia t ion thereaf te r made in tha t s t anda rd form or by the fact that a new s t anda rd form has thereaf ter
become operat ive.
(7) If in any contract for the lur ing of films made by a d is t r ibutor to an exhibitor before o r after the commencement of section five of the Thea t re s , Public Hal ls and Cinematograph F i lms (Amendment) Act, 1938, but before the s t a n d a r d form required under subsection one of th i s section to be prescribed within six months after the commencement of section five of the said Act becomes operat ive, provision is made for the cancellation of the contract at the option o f the d i s t r ibu tor on any ground other t h a n
default
default of the exhibitor in the performance of the te rms of the contract such provision shall be absolutely void and of no effect.
(8) The Commission may, and shall if the Minis ter so directs , conduct an inquiry for the purpose of obtaining such information as may be necessary to enable it to exercise and discharge all or any of i ts powers, au thor i t ies , duties and functions under this section.
l i e . (1) Eve ry d is t r ibutor shall in the month of J a n u a r y of each year file with the Commis
sion a s t a tu to ry declarat ion which—
(a)
shall be made by the distributor or by a person author ised in wr i t ing by him in tha t behalf or where the d is t r ibu tor is a company regis tered in the S ta te by the secre tary of the company, or where the d is t r ibutor is a foreign company as de- lined in the Companies Act, 1936, by the person who is the agent of the company for the purposes of tha t Ac t ;
(b)
shall state that the declarant either knows of his own knowledge, or has taken all s teps and made all enquiries necessary to satisfy himself, tha t the contents of the declarat ion are accura te ;
(c)
shall state whether or not during the pre ceding year all films dis t r ibuted by the
d i s t r ibu tor were hired under contracts in accordance for exhibition in this S ta t e
with the s t anda rd fo rm;
(d)
shall state whether or not all contracts which the d is t r ibutor has made in re la t ion to the h i r ing of films for exhibition in the S ta te dur ing that year were in accord-
dance with the s t anda rd fo rm; (e)
shall state shortly the effect of any term of any such contract made dur ing the pre ceding year which is not contained in the
s t andard form;
(f)
(f)
shall contain statements in relation to all such ma t t e r s and things re la t ing to the dis tr ibut ion of films as may be prescribed.
(2) Any person who fails to comply with the provisions of subsection one of this section shall be liable to a penal ty not exceeding one hundred pounds.
11D. (1) The Commission or any person there to authorised in wri t ing by the Commission may by notice in wr i t ing call upon any dis t r i butor or exhibitor to furnish to the Commission or such authorised person, within such t ime as is specified in the notice, such books and documents and such information as the Commission or such author ised person thinks necessary in relat ion to the ca r ry ing out of the provisions of this Act or the regulat ions or any suspected contraven tion thereof.
Any such notice may be given to the person to whom it is addressed, personal ly or by regis tered let ter sent through the post to his last known place of abode or business in New South Wales.
(2) Any person who without reasonable excuse fails, af ter receipt of a notice under subsection one of this section, to comply with the requirements of the notice shall be guil ty of an offence and shall be liable to a penal ty not exceeding one hundred pounds.
11E. (1) F o r the purpose of exercising and discharging any power, author i ty , duty or func tion conferred or imposed on the Commission by this or any other Act, or of ascer ta in ing whether any offence agains t this Act or the regula t ions has been committed, any person author ised by the Commission in that behalf ei ther general ly or in any par t i cu la r case may at any reasonable lime enter any premises used wholly or pa r t ly for ca r ry ing on business by a d is t r ibu tor or exhibitor and inspect any books,
accounts,
accounts, regis ters , records, documents or wr i t ings found in or upon such premises relat ing to any t ransact ion in connection with the h i r ing or exhibition of films and may take copies thereof or of any entr ies therein.
(2) A n y person who knowingly
obstructs , h inders , p revents or interferes with any person so author ised or who, when re quested so to do, refuses or neglects to produce such books, accounts, regis ters , records, docu ments or wr i t ings shall be guil ty of an offence and shall bo liable to a penalty not exceeding one hundred pounds.
(h) by omit t ing subsection two of section twelve;.
(i) by inserting next after section twelve the fol lowing new sect ion:—
12A. W h e r e a d is t r ibutor or exhibitor is con victed of an offence agains t this Act then, in addit ion to any penal ty tha t may be imposed in respect of the offence the Court convicting such d is t r ibutor o r exhibitor may in any case where it is o f o p i n i o n tha t the offence was committed
with the in tent t o defeat the purposes of this
Act, make an order for the cancellation or suspension of t h e regis t ra t ion of such dis t r ibu tor or exhibitor under this Act, and such order shall take effect as from a date to be therein specified in tha t behalf.
6. (1) This section shall commence on the first day of J u l y of such yea r as may be appointed by the Governor and notified by proclamat ion published in the Gazette.
(2) The Cinematograph F i lms (Aus t ra l i an Quota)
Act, 1935-1937, is fu r ther amended—
(a) by omitting from section two the definition of
" E x h i b i t o r ' s q u o t a " and by inser t ing i n lieu thereof the following definition:—
" E x h i b i t o r ' s q u o t a " in relat ion to films
exhibited by an exhibitor in any per iod
means
means the number ascer ta ined by adding the propor t ion of Aus t ra l i an films which he is required by this Act to exhibit dur ing that period as computed in accord ance with this Act to the p ropor t ion of Br i t i sh films which he is required by this Act to exhibit dur ing tha t period as computed in accordance with this Act.
(b) (i) by inser t ing next after subsection one of
section six the following new subsection:—
(1A) (a) Of the total number of " q u o t a " films exhibited by any exhibitor in the year commencing on the first day of J u l y of the year appointed pu r suan t to subsection one of section six of the Thea t res , Public Hal ls and Cinematograph Fi lms (Amendment) Act, 1938, it shall be his duty to exhibit, in tha t year , in each thea t re in which he exhibits films, not less than the propor t ion of Br i t i sh " q u o t a " films which is equivalent to fifteen per centum.
(b) Of the total number of " q u o t a "
films exhibited by any exhibitor in the yea r next af ter the year refer red to in p a r a g r a p h (a) of this subsection, or in any subsequent year , it shall be his duty to exhibit in tha t year , in each thea t re in which he exhibits films, not less than the propor t ion of Br i t i sh " q u o t a " films fixed by the Governor pur suant to section 6A of this Act for tha t year . (c) Where in the year refer red to in p a r a g r a p h (a) of this subsection or in any subsequent yea r an exhibitor exhibits in any par t i cu la r thea t re in which he exhibits films
fifty-two issues of a Br i t i sh film (not being a Br i t i sh " q u o t a " film) depict ing wholly or mainly news and cur rent events, such fifty two issues shall be counted in tha t y e a r as one Br i t i sh " q u o t a " film for the purposes of this subsection in respect of tha t thea t re .
(d)
(d) W h e r e the resul t obtained in computing the p ropor t ion unde r this sub section includes a fraction, the result shall be increased by one and the fraction shall be d is regarded.
(ii) by inserting in subsection two of the same
section af ter the words " A u s t r a l i a n ' q u o t a '
f i lms" the words " o r Br i t i sh ' q u o t a ' f i lms" ; (iii) by inserting in subsection three of the same
section af ter the word " A u s t r a l i a n " the
words " o r B r i t i s h " ; (iv) by omitting from the same subsection the
words " B r i t i s h o r " ;
(c) (i) by inser t ing in subsection one of section 6A
after the words " A u s t r a l i a n ' q u o t a ' f i lms"where firstly occurring the words " a n d
Br i t i sh ' q u o t a ' f i lms" ;
(ii) by inser t ing in p a r a g r a p h (b) of the same
subsection after the words " A u s t r a l i a n
' q u o t a ' f i lms" the words " a n d of Br i t i sh ' q u o t a ' f i lms" ;
(iii) by inser t ing in the same p a r a g r a p h af ter the
words "subsec t ion o n e " the words " o r subsection (1A) ";
(iv) by inser t ing in p a r a g r a p h (b) of subsection two of the same section af ter the words " A u s t r a l i a n ' q u o t a ' films" the words " a n d
of Br i t i sh ' q u o t a ' films";
(v) by inser t ing in the same p a r a g r a p h af ter the words " subsec t ion o n e " the words " o r sub section (1A) ";
(d) by inserting in subsection one of section seven
af ter the words " r e q u i r e m e n t s of" the words
"subsec t ion one of" ; (e)
by inser t ing in p a r a g r a p h (a) of subsection one
of section eight, af ter the words " A u s t r a l i a n
' q u o t a ' film" wherever occurr ing the words " o r
Br i t i sh ' q u o t a ' film."
PART
P A R T I V .
G O V E R N M E N T GUARANTEE.
(1) The Cinematograph F i lms (Aus t ra l i an Quota) Act, 1935-1937, is fur ther amended by inser t ing next af ter section thi r teen the following new section:—
7.
13A. (1) I t shall be lawful for the Colonial T r e a s u r e r with the approva l of the Governor to enter into an agreement with any person ca r ry ing on or about to ca r ry on the business of a producer in New South Wales , and may by such agreement under take to execute a guaran tee under the Govern ment Guarantees Act, 1934-1937, in favour of any bank in respect of the overdraf t account with the bank of such person, in considerat ion of an under taking by such person to observe and ca r ry out the t e rms , conditions and provis ions contained in the agreement .
(2) The approva l of the Governor to any agreement refer red to in subsection one of this sec tion shall not be given except upon the recommenda tion of the Commission.
(3) (a) A copy of any agreement entered into under this section shall be laid before both Houses of Pa r l i amen t within fourteen si t t ing days af ter the agreement is entered into, if Pa r l i amen t is in session, and if not, then within fourteen si t t ing days af ter the commencement of the next session. (b) If either House of Pa r l i amen t passes a resolution of which notice has been given at any t ime within fifteen s i t t ing days after such copy has been laid before such House, reject ing the agree ment , the Colonial T r e a s u r e r shall for thwith in wr i t ing notify the person concerned of the fact of the rejection, and the agreement shall cease to have effect on the expira t ion of three months af ter the date upon which such person has been so notified.
(4) In this section " p e r s o n " includes a body of persons corporate or unincorporate .
(2)
(2) The Government Guarantees Act, 1984-1937, is amended by inserting next after subsection five of section three the following new subsection:—
(5A) (a) It shall bo lawful for the Colonial Treasurer with the approval of the Governor to execute a guarantee in favour of any bank in respect of the overdraft account with the bank of any person or body of persons corporate or unincorporate with whom the Colonial Treasurer has entered into an agreement pursuant to section 13A of the Cinemato- graph Films (Australian Quota) Act, 1930-1988.
(b) The Colonial Treasurer shall not execute a guarantee under this subsection after the thirty- first day of December, one thousand nine hundred and lliirty nine.
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