Cinematographic Films Act

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4. Exhibitors' licences.
5. Suspension or revocation of exhibitor's licence.
6. Exhibitor's licence may be dispensed with in certain cases.
7. Duties of licensee.

8. Appointment of censors.
9. Films not to be exhibited unless approved by the censor.
10. Application for approval of film.
11. Censor may require film to be exhibited for purpose of censorship.
12. Powers of censor.
13. Classification of films approved by censor.
14. Certificates of approval or refusal and register of films.
15. Nature of censor's certificate to be displayed.
16. Revocation of certificate of approval.
17. Censorship of advertisements of films.
18. Censor may retain film and advertisements if approval refused.
19. Appeal from the decision of the censor.
20. Offences.

AN ACT TO MAKE BETTER PROVISION FOR THE REGULATION AND CONTROL OF THE EXHIBITION OF FILMS AND THE CENSORSHIP THEREOF AND MATTERS INCIDENTAL THERETO

"advertisement" includes any picture, photograph, poster, figure, display or other matter or thing, visual or oral, describing or announcing in any manner or form the exhibition or proposed exhibition of a film;

"censor" means the censor of films appointed under the provisions of that section 8 and includes any assistance censor appointed under the provisions of that section;

"chairman" means the chairman of the Board appointed under the provisions of section 3;

"exhibition" includes the production of any music, speech or other sound whatsoever in connection with the projection of a film;

"exhibitor", in relation to films, means any person who exhibits or causes to be exhibited any film to the public, or to a section of the public, whether or not a charge is made for admission to the premises in which the exhibition is held; and the term "to exhibit" and the derivatives of that term have a corresponding meaning;

"film" means a cinematographic film and includes any part of a film and any trailer;

(a) in respect of any premises situated within the boundaries of a city or town, the city or town council, as the case may be;

(b) in respect of any premises situated outside the boundaries of any city or town such person or persons as may be appointed by the Minister to be the licensing authority for the area in which such premises are situated;

"scenario" means a statement or summary of the plot and if the incidents depicted in a film;

"trailer" means a short film used or intended to be used for the purpose of advertising any other film.

3.-(1) There shall be established a board to be known as the Film Control Board, which shall consist of a chairman and four other members appointed by the minister.

(3) At all meetings of the Board the chairman, or in his absence such member as the other members present may select, shall preside.

(4) Three members of the Board shall constitute a quorum at any meeting of the Board.

(5) At all meetings of the Board the decision of the majority of members present shall prevail:

Provided that in the event of equality of votes on any decision the person presiding shall have a second or casting vote.

(6) Subject to the provisions of this Act, the Board may regulate its own procedure.

(8) Every licence or other document issued by the Board shall be signed by the chairman or the secretary of the Board.

(9) The Minister may from time to time give the Board directions as to the policy to be adopted in the exercise of the powers conferred and the duties imposed on the Board by or under the provisions of this Act and the Board shall at all times act in compliance with such directions.

4.-(1) Subject to the provisions of subsection (7), no person shall exhibit, or cause or permit or suffer to be exhibited, any film unless he is the holder of a licence, hereinafter referred to as an exhibitor's licence, issued under the provisions of this section and valid in respect of the exhibition of such film at the premises specified in such licence.

(2) Any person who exhibits, or causes or permits or suffers to be exhibited, any film in contravention of the provisions of subsection (1) or in contravention of any of the terms or conditions of any exhibitor's licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred dollars.

(3) Application for an exhibitor's licence shall be made in the prescribed form to the licensing authority for the area in which the premises in respect of which the licence is sought are situated.

(a) refuse an application for an exhibitor's licence if it is not satisfied that the premises are suitable for the purposes for which the application is made, or if the applicant is a person who has been convicted of an offence under this Act; or

(i) generally, in which case the licence shall, unless sooner revoked or surrendered, remain in force until the 31st day of December following the date of its issue; or

(ii) specially, in respect of such period, not exceeding 7 days as may be specified in the licence.

(5) An exhibitor's licence shall be in the prescribed form and, on payment of the prescribed fee, may be granted subject to such terms and conditions as the licensing authority considers necessary in the interest of the safety, health convenience of persons attending any exhibition held under the authority of such licence:

Provided that the licensing authority may remit or waive any fee payable under the provisions of this subsection in the case of any film exhibition held for any charitable, educational or public purpose.

(6)(a) Every exhibitor's licence granted under the provisions of this section shall be limited in its application so as to authorise the exhibition of films only at such premises as may be specified in such licence.

(b) A copy of every such licence shall be forwarded to the Board by the licensing authority granting it.

(a) in any premises to which the public are not admitted, for the purpose solely of entertaining the friends or employees of the occupier where no charge whatever is made for such exhibition; or

(b) in any hospital, nursing home, institution for the care of the aged or of children, or educational institution, where entrance to that exhibition, is restricted to the inmates or students and the staff of such hospital, nursing home or institution; or

(c) by any charitable, philanthropic, religious, educational, social or sporting body or organisation where-

(i) the film is exhibited to further the bona fide objects or purposes of the body or organisation, those objects or purposes being other than the exhibiting of film; and

(ii) admission to the exhibition is restricted to the members of that body or organisation and their families; and

(iii) the public generally is not invited by public notice or advertisement, or by any communication of whatever nature addressed to the public at large, to attend that exhibition; and

(iv) after meeting actual expenses and charges incurred in that exhibition, any proceeds deriving from the exhibition are applied solely and entirely towards the funds of the body organisation so exhibiting the film, and no portion of those proceeds is payable to any person by way of fee, commission, or other financial reward for acts performed or services rendered by that person in arranging, providing, or carrying out the exhibition except any fee payable to any projectionist for projecting the film;

(d) in any premises which are the subject of a publican's licence or a private hotel licence issued under the provisions of the Liquor Act where no charge whatsoever is made for such exhibition.

(a) by the licensing authority, if in its opinion the safety, health or convenience of persons attending any exhibition of films held under the authority of such licence is not adequately provided for; or

(b) by a court, if the holder of such licence has been convicted of any offence against the provisions of this Act.

(2) In the event of an exhibitor's licence being suspended or revoked under the provisions of subsection (1), the licensing authority shall grant any further licence to such exhibitor while such suspension or revocation remains in force.

6. Notwithstanding anything contained in this Part, the licensing authority may, if the censor certifies that any films falls within any of the following categories, authorise in writing any person to exhibit such film in any suitable premises without an exhibitor's licence:-

(a) films depicting wholly or mainly surgical or medical techniques and intended to be used for instructional purposes;

(b) films intended to be used wholly or mainly by educational institutions for educational purposes;

(c) films intended to be used wholly or mainly by religious organisations for purposes of religious instruction;

(e) films being wholly or mainly commercial advertisements relating to the advertiser's or sponsor's activities;

(f) scientific films, including natural history films, intended to be used for educational purposes;

(g) films depicting wholly or mainly cultural, sporting or recreational activities, and intended to be used wholly or mainly by cultural, sporting or recreational organisations for instructional or educational purposes;

7. Every holder of an exhibitor's licence shall ensure that every exhibition is conducted in such a manner as to provide for the safety, convenience and good order of the persons attending thereat and that there is a responsible and competent person operating the projector used in the premises for the purpose of the exhibition.

8.-(1) The Board, with the approval of the Minister, shall appoint a suitable person to be the censor of films and such other persons as it considers necessary, to be known as assistant censors, to assist the censor or to act in his stead:

Provided that no member of the Board may be appointed as the censor or an assistant censor.

(2) Subject to any directions given by the censor, every assistant censor shall have and may exercise all or any of the powers, duties, discretions and authorities conferred upon the censor by or under the provisions of this Act:

Provided that every decision of an assistant censor shall be signified in the name of the censor and shall be deemed to be a decision of the censor.

(3) The Board may from time to time give the censors directions as to the policy to be adopted in the exercise of the powers and the duties conferred upon them by or under the provisions of this Act and the censors shall at all times act in compliance with such directions.

9.-(1) No person shall exhibit any film, other than a film exempted under the provisions of subsection (2) from the operation of this Part, unless and until such film has been approved by the censor for public exhibition.

(2) The Board may by certificate in the prescribed form, exempt any film or any class of films from the operation of this Part and by notice to be served on the holder of any such certificate may revoke such certificate if satisfied that such revocation is in the public interest.

10. Subject to the provisions of subsection (2) of section 14, every application for the approval by the censor of any film shall be made in the prescribed form, and be accompanied by a scenario of that film and the prescribed fee:

Provided that the censor may, in any particular case, dispense with the requirement relating to the submission of a scenario.

11.-(1) The censor may require any film in respect of which his approval is sought under the provisions of this Part to be exhibited before him for the purpose of censorship, at such time and place mutually convenient to him and to the applicant, at the expense and risk of the applicant.

(a) the eligibility of any person to be present at any exhibition held under the provisions of this section; and

Provided that the applicant and his barrister and solicitor shall be entitled to attend any such exhibition.

12.-(1) Without unreasonable delay, the censor shall, in respect of any film for which his approval is sought under the provisions of this Part, either-

(b) refuse to approve the film for public exhibition, either unconditionally, or until such alterations or excisions as he may specify have been made to the film:

Provided that the censor shall not refuse to approve a film for public exhibition without the film having first been exhibited to him under the provisions of section 11.

(2) The censor shall not approve any film or any part of a film for public exhibition which is, in his opinion, indecent, obscene, injurious to morality or likely to encourage public disorder or crime.

13.-(1) The censor shall, in approving a film for public exhibition under the provisions of section 12, classify it in any of the following categories:-

(2) Any film falling into category (d) of subsection (1) may be approved subject to-

(a) the condition that such film shall be exhibited only to any specified class or classes or description of persons; or

(3). No person shall exhibit or cause to be exhibited any film approved under the provisions of subsection (1)-

(a) in the case of a film in category (b), to any person under the age of thirteen years;

(b) in the case of a film in category (c), to any person who is not an adult;

(c) in the case of a film in category (d), except in accordance with the conditions subject to which such approval was granted.

(a) signify his approval of a film and the category into which he has classified it or his refusal to approve a film by a certificate in the appropriate prescribed form;

(b) keep in his office a register of films in which shall be entered with respect to each film the several particulars set out in the certificate issued under this section and such other particulars as may be prescribed.

(2) (a) A certificate issued under the provisions of paragraph (a) of subsection (1) shall be valid for a period of two years from the date of issue;

(b) where, upon the expiry of the said period, application is again made under the provisions of section 10 for the approval of the same film, no fee shall be chargeable therefor.

15. The owner or manager of any premises in which any film, other than a film excepted from the operation of this Part, is exhibited, or any other person responsible for the exhibition of any such film in such premises, shall display in a conspicuous position in the lobby or entrance to such premises, at all times whilst such premises are open to the public, a notice of such dimensions and in such form as may be prescribed notifying, for public information, the nature of the certificate which has been issued by the censor in respect of that film.

16. The censor, or the Board, may at any time by notice to be served on the holder of any certificate of approval; issued under the provisions of this Part, revoke such certificate if satisfied that such revocation is in the public interest or that any condition subject to which such certificate was issued has not been complied with and may issue a certificate of a different classification in its place:

Provided that the Board shall not revoke any such certificate without the film to which it relates first having been exhibited to it and the provisions of subsection (4) of section 19 shall apply as if an appeal had been brought under the provisions of that section.

17.-(1) No person shall announce, print, publish, distribute, exhibit, display or otherwise disseminate in any manner whatsoever or cause to be so announced, printed, published, distributed, exhibited, displayed or disseminated any advertisement of or with respect to any film or portion of a film (other than a film exempted under the provisions of section 9 from the operation of the provisions of this Part) unless and until-

(b) such advertisement includes or is accompanied by a statement , clearly displayed or announced, as to the nature of the certificate which has been issued by the censor in respect of the film to which such advertisement refers, or otherwise than in the form in which such advertisement was approved by the censor:

Provided that the provisions of this subsection shall not apply to any advertisement announcing only the title or titles of any film or films whether accompanied by a statement as to proposed times or dates of exhibition thereof or not.

(2) The censor shall in respect of any advertisement for which his approval is sought under the provisions of this section either-

(b) refuse to approve such advertisement or any part thereof absolutely or until such alterations as he may specify have been made thereto.

(3) The approval or refusal of approval by the censor of any advertisement or any part thereof for which his approval is required under the provisions of this section shall be signified in such form and such manner as may be prescribed.

(4) A prototype copy of any advertisement shall, for the purposes of this section, be deemed to be the same advertisement.

18. Any film or advertisement to which the censor has refused approval under the provisions of this Part may be retained by the censor until such time as the applicant has made arrangements to the satisfaction of the censor for the export of such film or advertisement from Fiji or for the disposal thereof in such manner as the censor may direct:

Provided that if no such arrangements are made to the satisfaction of the censor within the period of three months after the date of his signification of his refusal or approval of such film or advertisement the censor may cause such film or advertisement to be destroyed at the expiration of one month after the date of notification to the applicant of the intention to destroy it.

19.-(1) Any applicant who is dissatisfied with the decision of the censor in relation to any film or advertisement in respect of which his approval is sought under the provisions of this Part may, within twenty-one days after notification to him of the decision of the censor, appeal against that decision to the Board by delivering or posting a notice of appeal in the prescribed form and accompanied by the prescribed fee and deposit to the secretary of the Board:

(2) On receipt of any notice of appeal under the provisions of subsection (1), the secretary of the Board shall arrange a time, date and place for the hearing of the appeal and shall cause notice of such time, date and place to be given to the appellant not less than twenty-four hours before the time so appointed.

(3) In every appeal brought under the provisions of this section the appellant, barrister and solicitor, and the censor shall have the right to be present at the hearing thereof and may make representation either orally or in writing to the Board:

Provided that the Board may require the appellant, his barrister and solicitor, and the censor to retire while it considers its decision.

(4) (a) The Board shall require any film or advertisement in respect of which such appeal has been brought to be exhibited before it or submitted for its inspection, as the case may be, at such time and place as may be mutually convenient to the Board and to the appellant and at the expense and risk of the appellant.

(b) No person other than the appellant, his barrister and solicitor, his projectionist, and the censor shall be present at such exhibition except at the invitation of the Board.

(b) vary or reverse the decision of the censor and, within the limits imposed upon the censor under the provisions of this Part, make such other order in relation to such film or advertisement as it considers appropriate.

(6) In any case where the Board varies or reverses any decision of the censor it shall, in writing, direct the censor to approve or refuse approval of such film or advertisement in accordance with the decision of the Board, and the censor shall, here necessary, cancel any previous certificate or signification or refusal and issue such other certificate or signification as are necessary to accord with the decision of the Board.

(7) Subject to the provisions of this section, the Board in determining any appeal brought thereunder may regulate its own procedure.

(a) exhibits or causes or permits or suffers to be exhibited, any film in contravention of any of the provisions of this Part; or

(b) exhibits, causes or permits or suffers to be exhibited, any film in respect of which the censor's certificate of approval has been revoked; or

(c) announces, prints, publishes, distributes, exhibits, displays or otherwise disseminates in any manner whatsoever or causes to be so announced, printed, published, distributed, exhibited, displayed or disseminated any advertisement in contravention of any of the provisions of this Part,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars in respect of each offence.

(2) In addition to any penalty imposed for an offence against the provisions of subsection (1), the court may order that any film or advertisement in respect which such offence was committed shall be confiscated and disposed of in such manner as the court may direct.

21. Any member of the Board, censor or police officer, or any person duly authorized in writing in that behalf by the Board or the licensing authority, may, at all reasonable times, enter any premises to which the public have access on payment or otherwise in which any film is being exhibited or in which he has reason to believe that any film being or about to be exhibited, for the purpose of ensuring that the provisions of this Act or of any licence or certificate issued thereunder are being complied with, and any person who prevents or obstructs the entry of any such person into such premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars.

22. The Minister, after consultation with the Board, may make regulations for the carrying out of the provisions of this Act and in particular, but without prejudice to the generality of the foregoing, for all or any of the following purposes, namely:-

(a) the censorship of films and advertisements and the fees to be paid and the forms to be used in respect thereof;

(c) regulating the exhibition of films and prescribing the conditions to be observed in relation to the safety from fire or otherwise of any premises in which films are or are intended to be exhibited and the safety and conduct of persons attending any exhibition of films therein:

(d) the licensing of exhibitors and prescribing the fees to be paid and the forms to be used in relation thereto; and

(e) prescribing the hours during which premises specified in an exhibitor's licence may remain open to the public.

The following classes of film have been exempted from the provisions of Part V of the Cinematographic Films Act, and may be exhibited without a certificate of approval from the Censor of Films:-

(a) films depicting wholly actual world events, that is to say films of the kind sometimes referred to as "newsreels";

(b) films depicting wholly or mainly cultural, sporting or recreational activities;

(e) films other than trailers being wholly or mainly commercial advertisements relating to the advertiser's or sponsor's activities;

1. These Regulations may be cited as the Cinematographic Films (Classification) Regulations.

2. A film classified by the censor in accordance with subsection (1) of section 13 of the Act may be displayed or announced whenever required by the Act by using the following capital letters which shall have the following meanings:-

'Y' shall mean that a film is approved for exhibition to persons over the age of thirteen years;

'R' shall mean that a film is approved for restricted public exhibition subject to conditions imposed by the censor, which conditions shall be specified in the display or announcement.

3. When more than one film is exhibited in a programme of films, every film shown during such programme shall be deemed to be classified in the category of the most restricted film in the programme, and no person shall be admitted to the programme or any part of the programme unless he may lawfully attend the exhibition of the most restricted film in the programme.

1. These Regulations may be cited as the Cinematographic Films (Fees) Regulations.

2. The fees appearing in the Schedule shall be the prescribed fees for the purposes of the Act in respect of the matters specified therein.

	$
Exhibitor's licence-(For premises in towns) ...........................................................	Free
Exhibitor's licence-(For premises outside a town) .................................................	Free
Exhibitor's licence-(Special) per day ......................................................................	Free
Application for approval (Censor's Certificate) Hindustani and Chinese films other than trailers ....................................................................................................	10.00
Other films, where New Zealand declaration submitted, other than trailers ..........	10.00
Other films without New Zealand declaration, other than trailers-35 mm .............	20.00
16 mm..........................................................................................................	20.00
Trailers.....................................................................................................................	Free
Appeal from Censor's decision ...............................................................................	30.00
Application for issue of a duplicate certificate .......................................................	5.00
Application for renewal of expired censor's certificate ..........................................	10.00
Commercial Sports films ..................................................................	40.00

1. These regulations may be cited as the Cinematographic Films (Forms) Regulation.

2. The forms appearing in the Schedule shall be used for the purposes of the Act in respect of the matters specified therein.

3. The notice of certificate referred to in section 15 of the Act shall be not less than 210 millimetres in height and not less than 148 millimetres in width. (Amended by Regulations 1st June, 1973.)

Seating capacity: ................................. Number of Exits: ..............................

Signature of the Applicant: ............................. Date: ..................................

Subject to the conditions described below, licence is hereby granted to:.......................................................

To exhibit cinematographic films at the following premises:.............................................................................................................

Name of premises:........................................................................................

Full address of premises:.................................................................................

1. The exhibitor shall comply with the requirements of the Cinematographic Films Act and any other law in force and applicable to the exhibition of films.

2. The maximum audience to be accommodated at any exhibition at the above premises shall not exceed □ persons.

Date of issue................................................... Licensing Authority.
*delete inapplicable items

I/We submit the following films/trailers for approval by the Censor of Films. Fees totalling $...................are enclosed.

Name of Applicant:..................................... Signature ......................... Date...............

	FOR OFFICIAL USE ONLY

Date received...............	Censor's Name: ...............	Appeal Board's Decision.................
R.R. No:.....................	Censor's Decision............	.............................................
Date to censor:..............	....................................	.............................................
Screening required? Yes/No......................	....................................	.............................................
Date screened.............	....................................	.............................................
Date applicant notified....	....................................	.............................................
Appeal lodged? Yes/No...		Chairman signed:.........Date.........
If Yes fee paid R.R. No...	....................................	Comments:...............................
Date screened.............	....................................	.............................................
Date applicant Notified...	....................................	.............................................
.................................	Signed.................Date......	.............................................

CINEMATOGRAPHIC FILMS ACT
(Sections 14 and 15)
(Substituted by Regulations 1^st June, 1973)

*A: Subject to any alterations and excisions specified separately, the film entitled:

and the trailer for the above film has been approved for GENERAL EXHIBITION.

Appeals against the Censor's decision must be made on Form 6 and lodged with the Secretary, Films Control Board within 21 days of this notification of the Censor's decision.

The following film(s) or class(es) of film has/have been exempted from the provisions of Part V of the Cinematographic Films Act, and may be exhibited without a certificate of approval from the Censor of Films:

Take notice that I, .......................................................................................

hereby appeal against the decision of the Censor of Films in respect of the Film:......................

This appeal must be lodged within 21 days of the notification of the Censor's decision.

FORM STAMPS FOR APPROVAL OR REJECTION OF POSTERS OR SIMILAR ADVERTISING MATERIAL

(a) General (valid until end of year of issue		(b) Special (valid up to 7 days)
New	Renewal	from:
		to:

Details of	Men's	Men's	Ladies'
Lavatories	(a) Toilets	(b) Urinals;	(c) Toilets.

General	Special
Within the boundaries...................................................$80	For each day 25c
Elsewhere..................................................................$20

Title of film/ trailer and language	Country from which introduced	Film Size mm	Is Scenario submitted	Is N.Z. declaration attached	Is advertising blocks submitted	No. of posters and window cards submitted

Other Films with N.Z. certificate submitted...	$1.00}
Other Films 16mm...............................	$4.00}	Trailers - Free
Other Films 35 mm..............................	$8.00}

Stamp 1		Stamp 2
APPROVED Date: Censor of Films, FIJI		REJECTED Date: Censor of Films, FIJI

Date:
Reg. No.:
Film Size:	Censor Films.

Fiji Consolidated Legislation

Cinematographic Films Act