|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Niue Sessional Legislation |
NIUE
FILM AND PUBLIC ENTERTAINMENT ACT 1979
Act 45 of 1979 - 1 January 1980
Analysis
Title
PART I
PRELIMINARY
1. Short Title
2. Interpretation
PART II
FILM AND PUBLIC ENTERTAINMENT CONTROL BOARD
3. Film and Public Entertainment Control Board
PART III
LICENSING OF EXHIBITORS
4. Exhibitor's licence
5. Suspension or revocation of exhibitor's licence
6. Exhibitor's licence dispensed with in certain cases
7. Duties of licensee
PART IV
CENSORSHIP OF FILMS
8. Appointment of censor
8A. Directions to the Censor
9. Films not to be exhibited unless approved by censor
10. Application for approval of film
11. Censor mad; require film to be exhibited for purpose of censorship
12. Powers of censor
13. Classification of film approved by censor
14. Certificates of approval or refusal and register of films
14A. Offence to mislead censor
PART IVA
LICENSING OF RENTERS
14B. Renter's License
PART V
CONDUCT OF FILM EXHIBITION AND PUBLIC ENTERTAINMENT
15. Film exhibition restriction
16. Children under 12 years
17. Disqualified exhibitor
18. Duty of organiser
19. Late night entertainment prohibited
20. Excessive noise prohibited
21. Public entertainment restriction
22. No liquor near entertainment places
23. Penalty
PART VI
PLACES OF ENTERTAINMENT
24. Licensed premises
25. Attendance of responsible persons
PART VII
GENERAL PROVISIONS
26. Supervisions and Control by Police
27. Hindering or obstructing officers
28. Offences
29. General penalty
30. Proceedings before High Court
31. Fees and penalties
32. Regulations
33. Consequential repeal
---------------------------------
AN ACT to make better provisions for the regulation and control of the exhibition of films and public entertainment.
BE IT ENACTED by the Niue Assembly in Session assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
1. Short Title and Commencement - (1) This Act may be cited as the Film and Public Entertainment Act 1979.
(2) This Act shall come into force on the 1st day of January 1980.
2. Interpretation - (1) In this Act, unless the context otherwise requires -
"Board" means the Film and Public Entertainment control Board established under section 3 of this Act:
"Cabinet" means the Cabinet of Ministers of Niue established by Article 2 of the Niue Constitution:
"Censor" means the censor of films appointed under section 13 of this Act and includes any assistant censor appointed under the provisions of that section:
"Chairman" means the chairman of the Board appointed under the provisions of that section:
"Chief of Police" means the officer of the Niue Public Service holding the office of Chief Officer of Police and includes any person from the time being authorised to exercise or perform any of the powers, duties, or functions of the Chief of Police:
"Exhibition's licence" means an exhibition's licence issued under section 4 of this Act:
"Film" means a cinematograph film; and includes a videotape, and any other material record of visual moving images that is capable of being used for the subsequent projection of those images that is capable of being used for the subsequent projection of those images in a fixed sequence on to any screen; and also includes any part of a copy or part of the whole or any part of a film:
"Film exhibition" means -
(a) the exhibition of a cinematograph film and any part of a cinematograph film; and
(b) includes the production of any music, speech or other sound whatsoever in connection with the projection of a film:
"Minister" means the Minster of Police:
"Natural Scenery" means the landscape features of nature existing in its natural State:
"Premises" includes any building, enclosure, ground or open-air space:
"Projection" means the act of presenting film on a screen by means of a cinematograph machine or other apparatus, and "project" has a corresponding meaning:
"Public entertainment" means any concert, dance, boxing or any other form of public entertainment whatsoever:
"Renter" means any person who supplies any film to any other person whether for financial reward or other consideration and "rent" and "renting" have corresponding meanings:
"Scenario" means a statement or summary of the plot and of the incidents depicted in a film.
(2) Subject to the provisions of subsection (1) of this section, expressions defined in the Niue Act 1966 and the Niue Constitution Act 1974 have the meaning so defined. [Amended 2/95/1984]
PART II
FILM AND PUBLIC ENTERTAINMENT CONTROL BOARD
3. Film and Public Entertainment Control Board - (1) There shall be established a board, to be known as the Film and Public Entertainment Control Board.
(2) The members of the Board shall consist of -
(a) The Minister who shall be the chairman;
(b) The Chief of Police; and
(c) The Secretary to the Board who shall be appointed by the Public Service Commission and who may hold any other office in the Public Service Commission shall consider to be not incompatible therewith.
(3) At all meeting of the Board shall the chairman, or in his absence such members as the other members 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 shall regulate its own procedure.
(7) The Board shall cause a proper record of its proceedings to be kept.
(8) Every licence or other document issued by the Board shall be signed by the chairman and the secretary of the Board.
(9) The Cabinet may from time to time give the Board directions as to the policy to be adopted in the exercise of the powers and duties conferred and the duties upon the Board by or under the provisions of this Act and the Board shall at all times act in compliance with such directions.
PART III
LICENSING OF EXHIBITORS
4. Exhibitor's licences - (1) Subject to the provisions of subsection (7) of this section, 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 subsection (1) of this section 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 $200.
(3) Application for an exhibitor's licence shall be made, in the form prescribed in the First Schedule of this Act, to the Board for the area in which the premises in respect of which the licence is sought are situated.
(4) The Board in its discretion either -
(a) Refuse an application for an exhibitor's licence if it is satisfied that the premises do not comply with the provisions of Part VI of this Act, or the application is a person who has been convicted of an offence under this Act; or
(b) Grant such a licence either -
(i) Generally, in which case the licence shall, unless sooner revoked or surrendered, remain in force until 31st day of December following the date of its issue; or
(ii) Specifically in respect of any period, not exceeding 7 days as may be specified in the licence.
(5) An exhibitor's license shall be in the form prescribed in the Second Schedule of this Act and, on payment of the prescribed fee, may be granted subject to such terms and conditions as the Board considers necessary in the interest of the safety, health, and convenience of persons attending any film exhibition held under the authority of such licence:
Provided the Board may remit or waive any fee payable under the provisions of this subsection in the case of any film exhibition held for any charitable, education or public purpose.
(6) 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.
(7) Films may be exhibited without an exhibitor's licence -
(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 film exhibition; or
(b) In any hospital, nursing home, institution for the care of the aged or of children, or educational institution, where entrance to the film 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, education, 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 object or purposes being film; and
(ii) Admission to the film exhibition is restricted to the members of that body or organisation and their families; and
(iii) The public generally is not invited by the public notice or advertisement, or by any communication of whatever nature addressed to the public at large, to attend that film exhibition; and
(d) In any premises which are the subject of a liquor licence issued under the Liquor Authority Act where no change whatsoever is made for such film exhibition.
5. Suspension or revocation of exhibitor's licence - (1) An exhibitor's licence my be suspended or revoked -
(a) By the Board, if in its opinion the safety, health or convenience of persons attending any film exhibition held under the authority of such licence is not adequately provided for;
(b) By the Board, if in its opinion the quality of sound and sharpness of image of any film approved by the censor falls below a reasonable standard for public exhibition.
(c) 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 the last preceding subsection, the Board shall not grant any further licence to such exhibitor while such suspension or revocation remains in force.
6. Exhibitor's licence dispensed with in certain cases - Notwithstanding anything contained in this Part of this Act, the Board may, if the censor certifies that any film falls within any of the following categories, authorised in writing any person to exhibit such film in any suitable premises without an exhibitors 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 organisation for purposes of religious instructions;
(d) Films depicting wholly or mainly industrial or manufacturing processes;
(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;
(h) Films depicting wholly or mainly natural scenery.
7. Duties of licensee - Every holder of an exhibitor's licence shall ensure that every film exhibition is conducted in such a manner as to provide for the safety, convenience and good order of the persons attending film exhibition and that there is a responsible, competent and sober person operating the projector used in the premises for the purpose of film exhibition.
PART IV
CENSORSHIP OF FILMS
8. Appointment of censor - (1) The Board 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 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 or the powers, duties, discretion and authorise 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) [(3) - (4) [Repealed 3/95/1984]
8A. Directions to the Censor - (1) The Board may from time to time give the censor directions as to the policy to be adopted in the exercise of the powers and duties conferred upon him by or under the provisions of this Act and the censor shall at all times act in compliance with such directions.
(2) The Board may, in giving directions to the censor under sub-section (1) of this section, place a prohibition either totally, or in respect of public or private viewing only, on films of a particular kind, or films displaying certain kind of activities, and such a prohibition shall be binding on the censor. [Added 4/95/1984]
9. Films not to be exhibited unless approved by censor - (1) Subject to sub-section (2) of this section no person shall exhibit any film (in public or in private) or make available for rent or exhibition any film unless and until that film has been examined and approved by the censor.
(2) The censor, after considering the application for approval, may exempt a film from the requirements of examination and may approve it for exhibition or rent without first examining it if he has reason to believe that the film as described in the application would otherwise meet the requirements for approval. An exemption may be granted absolutely, or subject to such conditions or as the censor may impose.
(3) The censor may at any time require a film that was granted an exemption from examination under sub-section (2) of this section
to be resubmitted to him for examination and if necessary classification. In any such case the earlier approval shall be deemed to
be cancelled.
[Amended 5/95/1984]
10. Application for approval of film - Subject to this provisions of subsection (2) of section 14 of this Act, every application for the approval by the censor of any film shall be made in writing on the form prescribed by the censor 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. [Amended 6/95/1984]
11. Examination of films by censor - (1) Where any film is submitted to the censor for examination by him the censor shall, unless he exempts the film from examination under section 9 of this Act, as soon as practicable, examine the film at premises approved for such purposes by the board.
(2) The censor may require any film in respect of which his approval is sought under the provisions of this Act to be exhibited before him for the purpose at the expense and risk of the applicant.
(3) Subject to sub-section (4) of this section in examining any film under this Act the censor may consult any person whom he considers may be able to assist him in forming an opinion of the film on which to base his decision in respect of the film.
(4) The Board may determine either generally or in respect to any particular film the eligibility of any person to be present with the censor when he is examining a film and that decision shall be binding on the censor. Provided that the applicant shall be entitled as of right to attend any such examination. [Amended 7/95/1984]
12. Powers of censor - (1) After examining a film for the purposes of this Part of this Act the censor shall either -
(a) Approve the film for exhibition or rental and classify it in accordance with section 13 of this Act; or
(b) Return the film to the applicant specifying the part or parts of the film that would require to be omitted or altered in order to obtain the approval of the censor; or
(c) Refuse to approve the film for exhibition or rental. Provided that the censor shall not refuse other than in accordance with a direction under section 8A, without the film having first been examined by him under the provisions of section 11. [Amended 8/95/1984]
(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. Classification of film approved by censor - (1) The censor shall give each film approved for exhibition or rental under section 12(1) (a) of this Act one of the following classifications-
(a) Approved for general exhibition; or
(b) Approved for exhibition to persons over the age of 13 years; or
(c) Approved for exhibition to adult audiences only; or
(d) Approved for restriction exhibition.
(2) Any film falling into category (d) of subsection (1) of this section may be approved subject to-
(a) the condition that such film shall be exhibited only to any specified class or classes or description of person; or
(b) Any other condition that the censor may consider necessary or advisable.
(3) No person shall exhibit or cause to be exhibited any film approved under the provisions of subsection (1) of this section -
(a) In the case of a film in category (b) to any persons under the age of 13 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. [Amended 9/95/1984]
14. Certificates of approval or refusal and register of films - (1) The censor shall -
(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 prescribed in the Third Schedule of this Act;
(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) of this section shall be valid for a period of 2 years from the date of issue;
(b) Where upon the expiry of the said period, application is again made under the provision of section 10 of this Act for the approval of the same film, no fee shall be chargeable therefore.
14A. Offence to Mislead Censor - Every person commits an offence and shall be liable to a fine not exceeding $200 and to forfeiture of the films involved who knowingly mislead or attempts to mislead the censor in respect to the content of any film submitted to him for approval or provides any false information to the censor about such a film in the application for approval or elsewhere.
PART IVA
LICENSING OF RENTERS
14B. Renter's Licence - (1) No person shall rent any film to any person unless he is the holder of a renter's licence granted in accordance with this section.
(2) An application for a renter's licence shall be made to the Board on the form provided and shall be accompanied by the prescribed fee.
(3) The Board may grant such renters' licences and impose such condition upon such licences as it considers are necessary to meet the local conditions.
(4) Subject to any conditions imposed by the Board for a shorter term, every renters' licence unless sooner revoked, or surrendered shall remain in force for one year from the date of its issue, and may upon payment of the appropriate fee be renewed at the discretion of the Board.
(5) It shall be a condition of every renters' licence that the licensed renter shall not make available for rent any film that has not been approved by the censor and shall comply with all conditions imposed by the censor in respect of every made available for rent.
(6) Any person who rents a film, or causes or permits or suffers to be rented any film in contravention of this section, or in contravention of any terms or conditions of a renters' licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200, and where applicable to loss of the renters' licence for such period as the Court thinks fit, and to forfeiture of the films involved.
PART V
CONDUCT OF FILM EXHIBITIONS AND PUBLIC ENTERTAINMENTS
15. Film exhibition restriction - It shall be unlawful to exhibit, or cause or permit or suffer to be exhibited any except as follows, that is to say -
(1) Such films exhibition, not being a film exhibition for educational purposes only, may be given in Alofi or any night of the week except Sunday.
(2) Such films exhibition, not being a film exhibition for educational purposes only, may be given in villages other than Alofi on any night of the week except Sunday.
(3) With the written consent of the Chief of Police a special film exhibition suitable for children may be given, either in Alofi or any village, on any night or afternoon to be stated in such consent.
(4) A film exhibition for educational purposes may be authorised by the Chief of Police in any village at any time during school hours; and at night in any village provided that in respect of any one village not more than one such film exhibition may be so given each week, and that no such film exhibition shall be given in any village on any night on which a film exhibition is being given in that village by a licensed exhibitor.
16. Children under 12 years - Same as provided by subsection (3) of section 15, no child under 12 years of age shall be taken or admitted to any film exhibition held at night except upon a Friday and Saturday night.
17. Disqualified exhibitor - Any licensed exhibitor who shall be disqualified from holding a licence under this Act shall be deemed to be disqualified from taking any active part in a film exhibition either as lecturer, raconteur, or in any capacity whatsoever.
18. Duty of organiser - (1) It shall be the duty of the organiser or the public entertainment -
(a) To obtain within one week before the holding of such public entertainment the requisite permission of the Board or a member of the Board so authorised to grant such approval in accordance with the provisions of this Act; and
(b) To give written notice to the Chief of Police as soon as he receives written permission from the Board approving the public entertainment.
(2) Any organiser who fails to comply with the provisions of this section shall be guilty of an offence against this Act.
19. Late night entertainment prohibited - No film exhibition or public entertainment conducted in any hall, building of public place in Niue shall be continued after the hour of 12 midnight.
20. Excessive noise prohibited - It shall not be lawful for any person conducting or having the control of any film exhibition or public entertainment to permit such film exhibition or public entertainment to inconvenience any person not attending or to unnecessarily disturb the peace.
21. Public entertainment restriction - It shall not be lawful for any person to conduct or allow to be conducted without the written permission of the Board any film exhibition or public entertainment on Sunday.
22. No liquor near entertainment places - It shall not be lawful for any person to serve, consume, or be in possession of any intoxicating liquor in or in the vicinity of any building used for the film exhibition or public entertainment unless the said building are licensed and have been granted approval by the Liquor Board to sell liquor in conjunction with the said film exhibition or public entertainment.
23. Penalty - Any person acting in contravention of any of the provisions of this part of this Act commits an offence against this Act and is liable to a fine not exceeding $50.00.
PART VI
PLACES OF ENTERTAINMENT
24. Licensed premises - (1) No premises shall be used for any film exhibition or public entertainment unless it is licensed under the provisions of this section.
(2) The Board shall have authority to license premises for any film exhibition or public entertainment and before it issues a licence in respect of such building it shall have regard to the following:
(a) That the premises is provided with an adequate number of exits clearly indicted and so placed and maintained as to readily afford the patrons ample means of egress;
(b) That the doors of all exits are so constructed and maintained as to easily open outwards or being pressed from within;
(c) That the furniture in the premises is so arranged as not to interfere with the free access to the exits;
(d) That fire appliances suitable to the character of the building are provided and maintained in good working order to the satisfaction of the Chief of Police;
(e) That the electrical work, apparatus and appliances are installed and maintained in accordance with the standard prescribed by the Electric Power Supply Ordinance and any regulations made thereunder.
(f) That adequate toilet facilities for the use of the patrons are supplied to the satisfaction of the Director of Health; and
(g) That the premises is properly ventilated, kept clean and maintained to the satisfaction of the Director of Health.
(3) Licences granted under the provisions of this section shall remain in force till the 31st day of December of each year.
25. Attendance of responsible persons - (1) In order to ensure the safety of the patrons, the persons conducting or having control of any film exhibition or public entertainment, or some responsible person nominated by him for the purpose, shall be present on the premises during the whole time of any film exhibition of public entertainment.
(2) All persons responsible for or employed in or in connection with any film exhibition or public entertainment shall take due precautions for the prevention of accidents.
PART VII
GENERAL PROVISIONS
26. Supervision and central by police - (1) All film exhibition or public entertainment shall be subject to the supervision and control by the Chief of Police.
(2) A Police Office at all reasonable time enter any building in which he has reason to believe that a film exhibition or public entertainment is being that a film exhibition or public entertainment is being or is about to be given with a view to seeing whether the provisions of this Act and the conditions of any permission granted under this or any other Act have been or are being complied with.
27. Hindering or obstructing officers - Every person commits an offence against this Act who prevents the Chief of Police or any other Police Officer of the Government from carrying out the provisions of this Act or who obstructs or hinders the Chief of Police or any other police officer in the exercise of any power or function conferred on him by or under this Act.
28. Offences - Any person who conducts or in any way assists in conducting any film exhibition or public entertainment in contravention of the provisions of this Act or of any conditions or restriction specified in any licence or any permission granted under this Act shall be guilty of an offence against this Act.
29. General penalty - Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this section shall be liable on conviction to a fine not exceeding $200. [Amended 12/95/1984]
30. Proceedings before High Court - All proceedings under this Act for the recovery of any penalty shall be taken before the High Court of Niue.
31. Fees and penalties - All fees paid and penalties recovered under the provisions of this Act shall be paid into Treasury, and shall form part of the general revenue of the Niue Government.
32. Regulations - The Cabinet may from time to time, after consultation with the Board, make regulations for all or any of the following purposes;
(a) Prescribing any fees payable under this Act;
(b) Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. [Amended 13/95/1984]
33. Consequential Repeal - The following Ordinances are herby repealed -
(1) Cinematograph Ordinance 1949.
(2) Public Entertainment Ordinance 1960.
_________
Section 4(3)
FIRST SCHEDULE
APPLICATION FOR A LICENCE TO EXHIBIT FILMS
To the Secretary, Film and Public Entertainment Control Board,
Application is hereby made for a licence to exhibit films in accordance with the following particulars:
1. Name of applicant: ........................................................................
2. Occupation: .................................................................................
3. Address: ....................................................................................
4. Location of premises where licence is sought: ........................................
5. Full description of premises: (e.g. hall, building or not): ...........................
6. Size and nature of premises (state whether licensed or not): ........................
7. Proposed days and hours of operation: .................................................
8. Proposed charges: .........................................................................
SIGNED by or on behalf of the applicant: .................................................
Signature: .............................
Date: ...........................
FOR OFFICE USE ONLY
Application No: ...................................... Date Received ......................................
Previous Applications: .............................................. GRANTED/RECEIVED
Date this application presented to Board: ...........................................
This application: ..................................... GRANTED/REFUSED
Terms on which licence granted: .............................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
Fee payable: .......................................
______
Section 4(5)
SECOND SCHEDULE
EXHIBITOR'S LICENCE
NIUE
.......................................................... having paid the prescribed fee of $20, is hereby licensed to give film
exhibitions in Niue, subject to the following conditions: ........................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
| .............................................. Secretary | .............................................. Chairman. |
This licence expires on the 31st day of December 19...; but it may be revoked by the Board at any time if, in its opinion, the licensee has acted in a manner unfitting him to hold a licence or the licensee contravenes of the conditions laid down in this licence.
________
S. 14(1) (a)
THIRD SCHEDULE
APPROVAL CERTIFICATE OF CENSOR
Niue, ........ 19....
SUBJECT to the under-mentioned conditions, the film ................................................ submitted by .................................. is hereby approved for exhibition in Niue.
Conditions
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
---------------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/nu/legis/num_act/fapea1979275