For the purposes of this Act there is hereby established an authority to be called the Cinematograph Films Licensing Authority.

The Licensing Authority shall consist of—

The members of the Licensing Authority shall be appointed by the Governor-General on the recommendation of the Minister.

Except as provided by subsection (5) of this section, every member of the Licensing Authority appointed under paragraph (b) or paragraph (c) of subsection (2) of this section shall hold office for a term of three years, but may from time to time be reappointed or may be at any time removed from office by the Governor-General for disability, bankruptcy, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister.

If any member of the Licensing Authority to whom subsection (4) of this section refers dies, is removed from office, or resigns, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.

Unless he sooner vacates his office as provided in subsection (5) of this section, every member of the Licensing Authority whose term of office has expired shall continue in office until his successor comes into office.

For the purpose of any hearing, inquiry, or investigation to be held or made by it under this Act, the Licensing Authority shall be deemed to be a Commission under the Commissions of Inquiry Act 1908; and, subject to the provisions of this Act, the provisions of the Commissions of Inquiry Act 1908 shall apply accordingly.

The general functions and powers of the Licensing Authority shall be—

The Licensing Authority may defer the issue for such period, not exceeding eighteen months, as it thinks fit of any exhibitor’s or renter’s licence or exhibitor’s permit.

The Licensing Authority shall have such other functions and powers as are conferred on it by this Act or by any regulations made under this Act.

The Licensing Authority may, for any particular purpose, delegate in writing to any of its members or to any person or persons any of the powers of inquiry or investigation conferred upon it by this Act, and the person or persons to whom any such delegation is made shall possess for the purpose all the powers of the Licensing Authority with respect to the inquiry or investigation, except the power to act as a Commission of Inquiry.

At all sittings of the Licensing Authority the quorum necessary for the transaction of business shall be two members, including the Chairman or his deputy.

The Chairman or his deputy shall preside at every sitting of the Licensing Authority.

A decision of a majority of the members present at a sitting of the Licensing Authority shall be the decision of the Licensing Authority:

Provided that, if at any sitting two members only are present and are divided in opinion, the decision of the Chairman or his deputy shall be the decision of the Licensing Authority.

Every sitting of the Licensing Authority shall be held in private.

Except as otherwise provided in this section, the Licensing Authority shall determine its own procedure.

Every member of the Licensing Authority and every person engaged or employed in connection with the work of the Licensing Authority shall—

Every person commits an offence who wilfully acts in contravention of the true intent of that oath or affirmation, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds.

Where the Minister is satisfied that the Chairman or any other member of the Licensing Authority is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Minister may appoint a deputy to act for the Chairman or for that other member during his incapacity.

Any deputy appointed under this section shall, while he acts as such, be deemed to be a member of the Licensing Authority, and any deputy acting for the Chairman shall have all the powers of the Chairman.

No appointment of a deputy and no acts done by him as such, and no act done by the Licensing Authority while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion of his appointment had not arisen or had ceased.

There may from time to time be appointed under the provisions of the Public Service Act 1912 a Secretary of the Licensing Authority and such other officers as may be deemed necessary for the purposes of this Part of this Act.

There shall be appointed under the provisions of the Public Service Act 1912 a Censor of Cinematograph Films.

The powers conferred on the Censor by this Act may be exercised by any employee of the Public Service duly appointed to act on behalf of or in assistance of the Censor.

No person shall exhibit any film, unless it has been submitted to the Censor for examination and has been approved for exhibition or exempted from censorship by the Censor in accordance with the provisions of this Part of this Act:

Provided that nothing in this subsection shall be deemed to prohibit the private screening of any film in any premises by the maker, renter, or owner of the film in accordance with normal trade practice before its submission to the Censor for examination.

A film may be submitted to the Censor for examination by the maker or renter thereof or, if there is no maker or renter in New Zealand, may be submitted by the exhibitor or the owner.

Subject to the provisions of subsection (4) of this section, it shall be the duty of the Censor to examine every cinematograph film submitted to him for examination with a view to the film being approved for purposes of exhibition:

Provided that the Censor may exempt from the examination for censorship any film that in his opinion comes within any one of such classes of films as are from time to time exempted from examination for censorship by regulations made under this Act, either absolutely or subject to such conditions as may be specified in the regulations or imposed by the Censor.

Notwithstanding anything in subsection (3) of this section, the Censor may at any time require any film of a class for which exemption may be or has been granted under that subsection to be submitted to him forthwith for examination, and, if necessary, for subsequent action under subsection (5) of this section.

Where under subsection (4) of this section the Censor requires any film for which exemption has already been granted to be submitted for examination for censorship, the certificates of exemption and registration shall be deemed to be cancelled, and the holder for the time being of those certificates shall, on demand by the Censor, forthwith return those certificates to the Censor.

On the completion of the examination of any film, the Censor may—

If the approval of the Censor is given subject to the making of any excisions from any film, the Censor may make such excisions therefrom and retain in his possession the excised parts:

Provided that the Censor shall return all such excised parts to the person who submitted the film for examination if the Censor is satisfied that the excised parts are to be sent out of New Zealand.

Every person to whom any excised parts of film have been returned by the Censor on the ground that they are to be sent out of New Zealand commits an offence if he fails without reasonable excuse to send them out of New Zealand within thirty days after the date on which they are so returned to him or within such longer period as the Censor may allow in any particular case.

The approval by the Censor of any film submitted for censorship pursuant to this Act may be—

On approving any film, whether absolutely or with such recommendations or such conditions as may be made under this section, the Censor shall issue to the person submitting the film for examination a certificate of approval in the prescribed form, setting out the recommendations and conditions made in respect of the film.

The approval of the Censor shall not be given with respect to any film or to any part of a film which in his opinion depicts any matter that is contrary to public order or decency, or the exhibition of which would for any other reason be undesirable in the public interest.

In the case of a film the exhibition of which is intended to be accompanied by a mechanical reproduction of sound (whether or not the device or arrangement for such reproduction is an integral part of the film), the Censor may take such reproduction of sound into consideration in determining whether or not the film should be approved, or in determining the kind of certificate of approval to be issued, or in determining what excisions, if any, should be made therefrom.

If any matter other than the particulars prescribed pursuant to subsection (3) of section 28 of this Act is added to a film after it has been approved by the Censor, the film shall, before exhibition or further exhibition, be again submitted to the Censor for examination, and unless and until it has been again approved by the Censor it shall be deemed not to have been approved.

If any length exceeding five per cent of the total length of the film is deleted from any film after it has been approved by the Censor, the person for the time being entitled to distribute or exhibit the film shall, before the film is exhibited or further exhibited, notify the Censor of the fact and nature of the deletion, and shall, if so requested by the Censor, return the film to the Censor for further examination; and, unless and until that film has been again approved by the Censor, it shall be deemed not to have been approved.

Where any film is exempted from censorship and any matter is added thereto after the Censor has exempted the film from examination for censorship, the film shall, before exhibition or further exhibition, be again submitted to the Censor, and, unless and until it has been again exempted from examination for censorship or approved by the Censor, it shall be deemed not to be exempt from examination for censorship and not to have been approved.

Where any film is exempted from censorship and any matter is deleted therefrom after the Censor has exempted the film from examination for censorship, then, if the Censor so requires, the film shall, before exhibition or further exhibition, be again submitted to the Censor, and in that case, unless and until it has been again exempted from examination for censorship or approved by the Censor, it shall be deemed not to be exempt from examination for censorship and not to have been approved.

Every person commits an offence who—

Every person who commits an offence against subsection (1) of this section is liable to a fine not exceeding one hundred pounds in respect of every occasion on which the film or any part thereof is exhibited in breach of that subsection.

Any film in respect of which an offence under this Part of this Act has been committed may, by order of the convicting Court, and whether or not the Court imposes any other penalty in respect of the offence, be forfeited to the Crown, and may be destroyed or otherwise dealt with as the Minister directs.

The provisions of this Part of this Act as to the censorship and exhibition of films may, to such extent as the regulations prescribe, be applied by regulations made under this Act so as to require the censorship of and to regulate the display of posters and other advertising matter used or intended to be used in relation to any cinematograph film or films. Any such regulations may relate exclusively to any specified class or specified classes of posters or other advertising matter.

Every person commits an offence who uses any posters or other advertising matter in contravention of the provisions of this Part of this Act, as applied in accordance with this section, and is liable to the like penalties as for the offence of exhibiting films without the approval of the Censor.

In addition to the matters specified in section 18 of this Act, any regulations made pursuant to that section may make provision in accordance with this section requiring or restricting the publication in posters and other advertising matter of particulars of or in relation to the certificate given by the Censor in respect of any cinematograph film.

In respect of posters or other advertising matter relating to any film specified therein, any such regulations may require that particulars of the Censor’s certificate shall, subject to such exceptions (if any) as may be provided for in the order, be included in all such posters and in all other advertising matter relating to that film.

In respect of posters or other advertising matter not relating to any specified film, but relating to an entertainment at which any unspecified film or unspecified films are to be exhibited, the regulations may require that particulars of the certificate given by the Censor in respect of any film proposed to be exhibited at that entertainment shall, subject to such exceptions (if any) as may be provided for in the regulations, be included in all posters and other advertising matter relating to the entertainment.

Any regulations made for the purposes of this section may impose obligations on the printer or the publisher of any poster or other advertising matter, or on the renter or exhibitor of any specified film to which any such poster or other advertising matter relates, or on the exhibitor of any film exhibited at an entertainment referred to in subsection (3) of this section, or on the promoters of any such entertainment, or on any other persons, to publish or refrain from publishing particulars of the certificate of the Censor as required by the regulations, and may prescribe fines, not exceeding one hundred pounds, for failure to comply with any of the requirements of the regulations.

For the purposes of this Part of this Act there shall be appointed under the provisions of the Public Service Act 1912 a Registrar of Cinematograph Films.

The office of Registrar may be held in conjunction with the office of Censor or in conjunction with any other office in the Public Service.

The duties of Registrar may be carried out by any employee of the Public Service duly appointed to act on behalf of or in assistance of the Registrar.

The Registrar shall keep in his office a Register of Films, in which shall be entered with respect to each film registered under this Part of this Act the several particulars set out in the certificate of registration and such other particulars as may be prescribed.

The Registrar shall enter in the Register of Films such particulars as may be prescribed with respect to any film which has been submitted for examination for censorship but which the Censor has refused to approve for exhibition.

If the Minister believes that any particular in connection with a film has been incorrectly registered, or that any registered particular is no longer correct, he may require the Registrar to make such inquiry into the matter as may be necessary, and if the Registrar finds it necessary as a result of that inquiry he shall correct the register and issue an amended certificate of registration in respect of that film.

For the purposes of any inquiry under this section, the Registrar may call for such evidence as he thinks necessary, or may require that the film be submitted to him for examination, and if default is made by any person in complying with the requirements of the Registrar under this section the Registrar may cancel the existing registration of the film.

On the issue of an amended certificate in respect of any film, the former certificate shall cease to have effect.

The register shall be open to inspection during office hours by any person on payment of the prescribed fee.

Any person on payment of the prescribed fee may require the Registrar to furnish to him a copy of any entry in the register, certified to be a true copy by the Registrar or other person authorised for the purpose by the Secretary for Internal Affairs.

No person shall exhibit any film, unless it has been registered in accordance with this Part of this Act:

Provided that nothing in this subsection shall be deemed to prohibit the private screening of any film in any premises by the maker, renter, or owner of the film in accordance with normal trade practice before the film has been registered.

Every person commits an offence who exhibits any film in contravention of this section.

For the purposes of this section the exhibition of any unregistered film or unregistered films in two or more premises on the same day shall constitute a separate offence in respect of every such exhibition.

Application for the registration of any film may be made by the maker or renter thereof, or if there is no renter in New Zealand may be made by the exhibitor or the owner.

Application for the registration of any film may be made simultaneously with the application for its approval by the Censor or for exemption from examination for censorship in accordance with the provisions of Part II of this Act, or may be made at any time thereafter, but the Registrar shall not register any film until it has been approved by the Censor or exempted by the Censor from examination for censorship.

Application for registration shall be made in the prescribed form to the Registrar, and shall be accompanied by the prescribed fee.

Before registering any film, the Registrar may require the applicant to furnish such particulars in addition to the particulars contained in the application as he considers necessary for the purposes of registration.

Where application is made for registration under this Act of any film as a Commonwealth film on the ground that it is registered as a British film by the United Kingdom Board of Trade, the Registrar, if he is satisfied by the applicant for registration that the film has been so registered and has not been altered since its registration to such an extent as to change its character as a Commonwealth film, shall register the film under this Act as a Commonwealth film.

Any film registered as a Commonwealth quota film under this Act shall be deemed to be a Commonwealth quota film only in respect of the original year of registration in New Zealand, and any reissue certificate issued in respect of that film and any new certificate issued in respect of any copy of that film, whether the copy is in the same gauge or not, shall show thereon the quota classification of that year of registration.

On the registration of any film the Registrar shall assign thereto a registered number, and shall issue to the applicant a certificate of registration in the prescribed form, setting out with respect to the film—

The certificate of registration of a film shall classify the film in one of the following groups:

Where application is made for the registration of a film that exceeds a screening time of thirty-three minutes, the Registrar shall classify the film as a Group 1 film, unless the applicant for registration applies for the film to be classified as a Group 2 film, in which case the Registrar shall transmit the application to the Licensing Authority for a decision as to the classification of the film.

On any such application, the Licensing Authority shall direct the Registrar to classify the film as a Group 2 film if it is satisfied that the film comes within one or more of the following classes:

If the Licensing Authority is not so satisfied, it shall direct the Registrar to classify the film as a Group 1 film.

Where the Licensing Authority is satisfied on representations being made to it that any film that has been classified as a Group 2 film on the ground that it is a film of a class specified in paragraph (g) or paragraph (h) of subsection (3) of this section is similar in character and subject-matter to a film that is being exhibited in cinematograph theatres and that its classification as a Group 2 film is causing undue hardship to holders of exhibitors’ licences, the Licensing Authority may direct the Registrar to reclassify the film as a Group 1 film.

For the purpose of giving effect to any direction of the Licensing Authority under subsection (5) of this section, the person in possession of the certificate of registration of the film shall on demand by the Registrar surrender the certificate to him, and the Registrar shall cancel the certificate and issue a new one showing the amended classification of the film.

For the purposes of this section all copies of whatever gauge of any film shall be deemed to be one and the same film.

Every person commits an offence who rents for exhibition in any premises or exhibits any film in any premises otherwise than in accordance with any provisions of this Act relating to the renting or exhibition of films of the group in which the film is classified under this section.

Subject to the provisions of subsection (3) of this section, every film that has been registered in New Zealand before the commencement of this Act and exceeds a screening time of thirty-three minutes shall, for the purposes of this Act, be deemed to be classified as a Group 1 film.

Every film that has been registered in New Zealand before the commencement of this Act and does not exceed a screening time of thirty-three minutes shall, for the purposes of this Act, be deemed to be classified as a Group 2 film.

Where any film has been registered in New Zealand before the commencement of this Act and exceeds a screening time of thirty-three minutes, the person who, if the film had not previously been registered, would be entitled to apply for registration of the film may make application to the Registrar for that film to be classified as a Group 2 film; and in that case the provisions of section 26 of this Act shall apply in respect of the reclassification of that film as if application had been made under that section to classify it as a Group 2 film.

If and whenever the office of Registrar is held in conjunction with the office of Censor, the certificate of the Registrar to be given in accordance with this Part of this Act shall be combined in the prescribed manner with the certificate of approval or, as the case may be, the certificate of exemption from examination for censorship given by the Censor pursuant to Part II of this Act.

If and whenever the offices of Censor and Registrar are held by different officers, their certificates to be given in accordance with the foregoing provisions of this Act shall whenever practicable be given on the same document.

Before any film is exhibited, there shall, at the expense of the applicant for registration of the film, be attached thereto in the prescribed form, so as to form an integral part thereof, such particulars of the censorship classification of the film as may be prescribed:

Provided that the provisions of this subsection shall not apply to any film not exceeding a screening time of thirty-three minutes in respect of which the Censor’s approval is absolute without any recommendation, or to any film which the Censor has exempted from examination for censorship.

Before any trailer is exhibited, there shall, at the expense of the applicant for registration of the film it advertises, be attached thereto in the prescribed form, so as to form an integral part thereof, such particulars of the censorship classification of the film it advertises as may be prescribed.

The manner in which the particulars of the censorship classification of any film shall be attached to the film, their position in relation to the subject-matter of the film, and the amount of screening time to be occupied in the film by those particulars shall be determined from time to time in accordance with regulations made under this Act.

Every person commits an offence who—

Nothing in paragraph (a) or paragraph (b) of subsection (1) of this section shall apply with respect to any film that by the proviso to subsection (3) of section 28 of this Act is for the time being exempted from the requirements of that subsection.

Nothing in paragraph (b) or paragraph (c) of subsection (1) of this section shall apply with respect to the private examination or viewing of any film to which the proviso to subsection (1) of section 11 of this Act applies.

If after the registration of any film its length is altered to the extent of more than five per cent thereof, the person for the time being entitled to receive the proceeds derivable from the renting of that film shall within one month after the making of the alteration send to the Registrar written notice of the alteration, and if he fails to do so he commits an offence on every day on which that film as altered is so exhibited after the expiration of the said period of one month and before that notice is given.

Where any film has been registered under this Part of this Act, any person who would be entitled under section 25 of this Act to apply for registration if the copy were an original film may apply for a reissue certificate in respect of a copy of that film, and the Registrar shall issue such a certificate incorporating the particulars as to title and quota set out in the certificate of registration of the original film pursuant to this Act or the corresponding provisions of any former Act, the registration classification of the film, the length of the copy, and the gauge of the copy (if made in a different gauge of film from the original), and also, unless the film is exempt from examination for censorship under subsection (3) of section 11 of this Act, incorporating the censorship classification of the original film:

Provided that the Censor may require the film to be resubmitted to him for examination, and, if on that examination it is found that it contains new matter that has been added since the film was originally registered, the film shall be deemed to be a new film for the purposes of-Part II of this Act, and the provisions of that Part shall apply thereto accordingly.

The provisions of section 28 of this Act shall, with the necessary modifications, apply with respect to every reissue certificate as if that certificate were a certificate of registration.

For the purpose of this section, a film shall be deemed to be a copy of a film originally registered notwithstanding that it is in a different gauge of film, if the Registrar is satisfied by such evidence as he thinks sufficient that it is otherwise a true copy of the original film.

No person shall exhibit films in any premises otherwise than in accordance with this Part of this Act.

No holder of an exhibitor’s licence or exhibitor’s permit shall exhibit films elsewhere than in the premises specified in that licence or permit.

Nothing in this Part of this Act shall apply with respect to the private screening of any film in any premises by the maker, renter, or owner of the film in accordance with normal trade practice.

No person shall exhibit films in any cinematograph theatre unless he is the holder of an exhibitor’s licence.

The holder of an exhibitor’s licence may exhibit films of Group 1 or Group 2.

No exhibitor’s licence or exhibitor’s permit shall be required for the exhibition of Group 2 films in any premises other than a cinematograph theatre:

Provided that no person shall engage in the business of exhibiting Group 2 films unless he is the holder of an exhibitor’s licence.

No person shall exhibit films of Group 1 in premises other than a cinematograph theatre, except in accordance with the following provisions:

For the purposes of paragraph (b) of subsection (1) of this section, any exhibition of any film by any body or organisation referred to in that paragraph shall not be deemed to be exhibition to the public or any section thereof, where—

The grant of a permit under subsection (1) of this section shall be at the discretion of the Licensing Authority, which may in granting any permit impose such conditions as it thinks fit in respect of the nature and extent of any advertising, including the prohibition of advertising, the particular film or films to be exhibited under the authority of the permit, and as to whether any charge may be made for admission and also, in the case of a permit granted under paragraph (f) of that subsection, conditions in respect of the locality and premises in which the film festival is to be held, the duration of the festival, and the composition of the programme of films.

The Licensing Authority may refuse to grant a permit if, in its opinion, the exhibition of the film would cause unreasonable hardship to any holder of an exhibitor’s licence authorising the exhibition of films in the same locality.

Application for an exhibitor’s licence or exhibitor’s permit shall be made in the prescribed form to the Secretary of the Licensing Authority, and shall be accompanied by the prescribed fee.

Every exhibitor’s licence shall be issued under the hand of the Secretary of the Licensing Authority in the prescribed form, and, unless it is sooner revoked or surrendered, shall remain in force until the thirtieth day of September following the date of its issue, and shall then expire.

Every exhibitor’s permit shall be issued under the hand of the Secretary of the Licensing Authority in the prescribed form, and shall remain in force for such period as the Licensing Authority determines in each case, and shall be subject to such conditions and restrictions as may be specified by regulations made under this Act or as may be imposed by the Licensing Authority pursuant to this Act or to any such regulations.

Any exhibitor’s licence issued to an itinerant exhibitor may be issued in respect of not more than ten separate cinematograph theatres.

In granting any exhibitor’s licence, the Licensing Authority may prescribe in the licence the maximum and minimum number of days in each week on which the holder of the licence shall exhibit films, and the holder of the licence shall exhibit films as so prescribed.

If any licensed exhibitor fails to exhibit films as prescribed in the licence, the Licensing Authority may revoke the licence, or on its expiration may refuse to renew it or may renew it subject to such conditions in respect of exhibition as the Licensing Authority thinks fit.

Where the Licensing Authority is satisfied that in any cinematograph theatre the conditions existing with respect to—

do not provide adequately for the requirements of the locality with regard to public entertainment, it may require the holder of the exhibitor’s licence in respect of that cinematograph theatre to improve those conditions to any standard deemed necessary by the Licensing Authority. If the holder of the exhibitor’s licence does not comply with that requisition, the Licensing Authority may on the expiration of the existing exhibitor’s licence refuse to renew it or to grant a further licence to that exhibitor or in respect of that cinematograph theatre until such time as the conditions are improved to the standard deemed necessary by the Licensing Authority.

The Licensing Authority may decide to grant an exhibitor’s licence subject to conditions to be complied with before the issue of the licence, and, if those conditions are not complied with to the satisfaction of the Licensing Authority, the Licensing Authority may revoke its decision to grant the licence and direct the Secretary of the Licensing Authority not to issue the licence.

No person shall assign any exhibitor’s licence, or enter into any agreement to assign any exhibitor’s licence or the benefit of any such licence, to any other person without the written consent of the Licensing Authority, and no such assignment or agreement shall be of any force and effect until it is consented to in writing by the Licensing Authority.

No person shall assign any exhibitor’s permit, or enter into any agreement to assign any exhibitor’s permit, to any other person, and any such assignment or agreement shall be of no force or effect.

In hearing and determining any application for the grant of any exhibitor’s licence, the Licensing Authority shall have regard to and shall require to be satisfied concerning the site or proposed site of any cinematograph theatre, the seating accommodation and general amenities provided or to be provided, the number of days in each week on which exhibitions are given or to be given, the entertainment value and date of release of the films exhibited or to be exhibited, and any other considerations it considers relevant affecting the public interest.

Where application is made for an exhibitor’s licence and in the opinion of the Licensing Authority no current licence is held by any person authorising the exhibition of films in the locality to which the application relates, the Licensing Authority, if it is satisfied as to the matters specified in section 40 of this Act, but subject to the provisions of sections 43 and 48 of this Act, shall grant an exhibitor’s licence to the applicant.

Where two or more applications are made for exhibitors’ licences for the exhibition of films in the same locality, and in the opinion of the Licensing Authority no current licence is held by any person authorising the exhibition of films in that locality, the Licensing Authority shall, subject to the provisions of subsection (1) of this section, grant an exhibitor’s licence to at least one of the applicants, but may in its discretion refuse to grant such number of licences in excess of one as it thinks fit, having regard to the number of licences which in its opinion will provide adequately for the requirements of the locality with respect to the matters specified in section 40 of this Act without resulting in unreasonable economic waste.

Where one or more applications for exhibitors’ licences are received for the exhibition of films in the same locality and one or more such licences are then current authorising the exhibition of films in that locality, the Licensing Authority may, in its discretion—

Where application is made to the Licensing Authority for amendment of a current exhibitor’s licence so as to provide for an increase in the number of seats in any cinematograph theatre permitted by the terms of that licence (which increase involves structural alteration of the building), or so as to provide for an increase in the number of days in each week on which exhibitions may be given, then, in any case where there are one or more other current licences authorising the exhibition of films in that locality, the application shall for the purposes of this section be deemed to be an application for an additional licence, and the Licensing Authority shall in determining it have regard to the matters specified in subsection (1) of this section.

Notwithstanding anything in section 40 or section 41 or section 42 of this Act, where an application is received for an exhibitor’s licence, not being an application for the renewal of an existing licence, the Licensing Authority in considering the application shall have regard to the question whether or not the grant of a licence to the applicant would be in the public interest in view of the conditions existing generally or locally in the industry.

Where in the opinion of the Licensing Authority the grant of a licence to the applicant would not be in the public interest, the Licensing Authority shall refuse to grant the licence.

Where any person other than the holder of a current exhibitor’s licence in respect of an existing cinematograph theatre applies to the Licensing Authority for the grant of an exhibitor’s licence in respect of that theatre, the Licensing Authority, in considering the application, shall require to be satisfied that the grant of the licence to the applicant would not involve unreasonable hardship to the holder of the current licence or would be in the public interest, having regard to the conditions existing generally or locally in the industry.

Where in the opinion of the Licensing Authority the grant of a licence to the applicant would involve unreasonable hardship to the holder of the current licence or would not be in the public interest, the Licensing Authority may refuse to grant the licence.

Where, through circumstances beyond the control of the holder of the licence, any cinematograph theatre in respect of which an exhibitor’s licence is current is destroyed or is in any manner rendered unusable for the exhibition of films, then—

Where the holder of an exhibitor’s licence is prevented from exhibiting films in any cinematograph theatre specified in the licence, whether by action of the owner of that theatre or by reason of other circumstances not brought about by voluntary action or by default of the holder of the licence, the Licensing Authority may authorise the licence holder to exhibit films elsewhere in the same locality, and may refuse to grant any further exhibitor’s licence relating to the first-mentioned cinematograph theatre, but in so doing the Licensing Authority shall not act arbitrarily without due regard to any rights possessed by the owner of the cinematograph theatre.

Except with the prior written consent of the Licensing Authority, no person, firm, or company appearing to it to control ten or more cinematograph theatres in New Zealand shall enter into any arrangement, contractual or otherwise, that would in the opinion of the Licensing Authority result in that person, firm, or company—

Except with the prior written consent of the Licensing Authority, no person, firm, or company shall enter into any arrangement, contractual or otherwise, which would in the opinion of the Licensing Authority result in that person, firm, or company obtaining control of ten or more cinematograph theatres in New Zealand.

Where any application is received for an exhibitor’s licence in respect of any cinematograph theatre from any person, firm, or company, not being an application for the renewal of an existing licence, the Licensing Authority may in its discretion refuse to grant a licence to the applicant if in its opinion any person, firm, or company who or which already controls ten or more cinematograph theatres in New Zealand would, if the licence were granted, obtain control of an additional cinematograph theatre.

For the purposes of this section, a person, firm, or company shall be deemed to control a cinematograph theatre if that person, firm, or company—

Every arrangement entered into in breach of the provisions of this section shall be of no force or effect.

The Licensing Authority shall not grant or issue any exhibitor’s licence or exhibitor’s permit in respect of the exhibition of films of gauge greater than sixteen millimetres and having effect before the first day of October, nineteen hundred and sixty-four, unless it is satisfied that, in the opinion of the Chief Inspector, the premises in respect of which the licence or permit is applied for are suitable for the exhibition of such films.

Before granting or issuing any exhibitor’s licence or exhibitor’s permit the Licensing Authority may, in its discretion, require the applicant for the licence or permit to produce evidence to the effect that the premises in relation to which the licence or permit is applied for conform or will conform to the provisions of any Act, or of the bylaws of the local authority in whose district the premises are situated, relating to premises used for the purposes of a theatre.

No person shall—

unless he is a holder of a renter’s licence granted in accordance with this Part of this Act.

Application for a renter’s licence shall be made in the prescribed form addressed to the Secretary of the Licensing Authority, and shall be accompanied by the prescribed fee.

No renter’s licence shall be issued to any person, unless that person has a place of business in New Zealand.

The Licensing Authority shall not grant any renter’s licence having effect before the first day of October, nineteen hundred and sixty-four, unless the Chief Inspector has given a certificate to the effect that the building or other place in which the applicant for a licence stores or proposes to store film is suitable for the storage of film.

Every renter’s licence shall be in the prescribed form, and shall be issued under the hand of the Secretary of the Licensing Authority, and shall, unless it is sooner revoked or surrendered, remain in force until the thirty-first day of December of the year in respect of which it is issued, and shall then expire.

Every person commits an offence who carries on business as a renter of films or acquires films contrary to the provisions of this section or the terms and conditions of any licence issued under this section:

Provided that a renter shall not be deemed to commit an offence against this section if, being the holder of an expired renter’s licence, he has applied to the Licensing Authority within the prescribed period for a renewal of that licence and no decision to refuse the renewal has been made by the Licensing Authority.

For the purposes of this Part of this Act the term “quota film” includes all films registered under this Act, except films of the following classes:

Notwithstanding anything in subsection (1) of this section, the Minister may at any time direct that any specified film of any of the classes referred to in that subsection shall be deemed to be a quota film.

If any direction under subsection (2) of this section is given by the Minister after the registration of the film to which that direction relates, the Registrar shall make all necessary amendments in the register and in the certificate of registration.

Subject to the provisions of subsections (2) and (3) of this section, every renter shall ensure that of the total number of registered quota films acquired for the purposes of his business in any year ending with the thirty-first day of December not less than twenty per cent shall be Commonwealth films.

The Minister, if he is satisfied that any renter is or has been unable to comply with the provisions of subsection (1) of this section by reason of the character of the Commonwealth films available, or the excessive cost of such films in relation to foreign films, may modify the requirements of that subsection in relation to any year to such extent as in the circumstances he considers reasonable.

In addition to the authority conferred on him by subsection (2) of this section, the Minister, on the application of any renter, may modify the requirements of subsection (1) of this section for any specified year in their application to that renter, if the Minister is satisfied that no exhibitor will as the result of any such modification be prevented from or unduly prejudiced in complying with the requirements of this Part of this Act in relation to any exhibitor’s quota.

The Minister shall publicly notify any modification made under subsection (2) or subsection (3) of this section by notice published in the Gazette.

Notwithstanding anything in subsection (1) of this section, the Minister may review quota percentages at intervals of not less than three years commencing from the date of the commencement of this Act. Any determination of the Minister in relation to quota percentages shall be publicly notified by notice published in the Gazette.

For the purpose of this section any film shall be deemed to be acquired by a renter in the year in which it is first registered in New Zealand, and no film shall be taken into account by more than one renter for the purpose of computing the quota specified in this section.

Any renter commits an offence who, without reasonable excuse or unless the reasons for non-compliance were beyond his control, fails to comply with the provisions of this section, and is liable to a fine not exceeding one hundred pounds.

Upon conviction of any renter for an offence under this section, the Court, if it is of opinion that the offence was committed with intent to defeat the purposes of this Part of this Act, may, whether or not it imposes any other penalty in respect of the offence, make an order for the cancellation of that renter’s licence or for the suspension thereof for such period as the Court thinks fit, that order to take effect as from a date to be therein specified.

Every renter, before entering into any contract with an exhibitor for the exhibition of any film acquired or proposed to be acquired by the renter for release in any film-renting season, shall give to the Licensing Authority a statement in writing with respect to all the films which he intends to release during that film-renting season.

Every statement under the provisions of subsection (1) of this section shall be in the prescribed form, and shall give—

The description given pursuant to paragraph (b) of subsection (2) of this section of films proposed to be released in any film-renting season shall be not less complete than the description of those films given by or on behalf of that renter to any exhibitor in the course of negotiations for a film-renting contract or given before or contemporaneously with those negotiations in any advertisement published in any trade newspaper or trade circular or other document supplied to or circulating among exhibitors.

Every renter shall, as and when required by the Minister and at the intervals prescribed by regulations made under this Act, furnish to the Minister such returns in respect of the films rented or acquired as may from time to time be prescribed.

On application by any number of renters, none of whom or not more than one of whom during any year ending with the thirty-first day of December acquires for the purposes of his business more than six quota films, the Licensing Authority may consent to those renters combining for the purpose of satisfying the requirements of subsection (1) of section 51 of this Act.

In every such case all the renters who have so combined shall for the purposes of that subsection be regarded as one renter only, and shall accordingly be deemed to have complied with the requirements of that subsection to the same extent as one renter in such circumstances would have complied, but in the event of non-compliance all those renters shall each be deemed to have committed an offence against this Act.

For the purpose of enabling the holder of an exhibitor’s licence to comply with the requirements of this Part of this Act, every renter who supplies any quota film to any such licence holder shall furnish to him, before or within seven days of the delivery of the film, a statement setting forth with respect to that film the following particulars:

Of the total number of registered quota films exhibited in any year ending with the thirtieth day of September by the holder of an exhibitor’s licence, he shall exhibit not less than twenty per cent of Commonwealth films.

In computing for the purposes of this section the proportion of Commonwealth films exhibited by any exhibitor in any year, every exhibition of a quota film (whether Commonwealth or foreign) shall be deemed to be the exhibition of a separate film.

If the Licensing Authority is satisfied that in any year compliance with the provisions of this section by any exhibitor is not or was not commercially practicable by reason of the character of Commonwealth films available or the excessive cost of such films in relation to foreign films, the Licensing Authority may modify those requirements to such extent as in the circumstances it considers reasonable.

Every holder of an exhibitor’s licence commits an offence who in any year fails, without reasonable excuse or unless the reasons for non-compliance were beyond his control, to comply with the requirements of this section or with those requirements as modified under subsection (3) of this section, and is liable to a fine not exceeding one hundred pounds.

The Court by which any person is convicted of an offence against this section, whether or not it imposes any other penalty for the offence, may, if it is of the opinion that the offence was committed with intent to defeat the purposes of this section, make an order for the cancellation of the exhibitor’s licence or for its suspension for such period as the Court thinks fit, that order to take effect as from a date to be therein specified in that behalf.

Every holder of an exhibitor’s licence shall keep a record in which, within seven days after the exhibition of any registered quota film, he shall enter or cause to be entered such particulars as may be prescribed for the purpose of providing evidence as to whether or not the provisions of section 55 of this Act have been complied with.

The record required to be kept by exhibitors pursuant to this section shall in the case of itinerant exhibitors be kept at such place as may be specified in the exhibitor’s licence in that behalf, and in all other cases shall be kept in the cinematograph theatre in respect of which the licence is issued.

Every record kept pursuant to this section shall be open at all reasonable times to inspection by an Inspector of Films or by any person authorised in that behalf by the Secretary for Internal Affairs.

Every exhibitor to whom this section applies shall send to the Minister, as and when required by the Minister, such returns in respect of the exhibition of quota films as may from time to time be prescribed.

No person shall enter into an agreement for the supply to any holder of an exhibitor’s licence of films to be exhibited in any cinematograph theatre during any period longer than twelve months, and no person shall enter into such an agreement more than nine months before the date fixed for the commencement of the supply of films in terms thereof:

Provided that an agreement for the supply of films for exhibition in a number of cinematograph theatres in succession may be made at any time within the nine months preceding the commencement of that supply:

Provided also that in the case of an agreement for the supply of a serial film the said period of twelve months shall apply only in respect of the supply of the first three parts.

Every party to any agreement entered into in contravention of this section commits an offence, and is liable to a fine not exceeding one hundred pounds.

The provisions of subsection (1) of this section, so far as they limit the time within which agreements for the supply of films may be entered into, shall not apply with respect to any agreement for the supply of films if in terms of that agreement the supply is to be completed within eighteen months after the date of the making of the agreement.

Notwithstanding anything in any contract entered into by any holder of an exhibitor’s licence, whether before or after the commencement of this Act, for the supply to him for exhibition of any quota films exceeding four in number, the holder of an exhibitor’s licence shall, subject to the provisions of this section and without incurring any liability for breach of contract, have the right to reject up to twenty-five per cent of the total number of quota films proposed to be delivered to the exhibitor in terms of that contract.

Where for the purposes of subsection (1) of this section twenty-five per cent of any number of films is not a whole number, any fraction not less than a half shall be deemed to be the succeeding whole number.

The number of quota films that may be rejected by any holder of an exhibitor’s licence pursuant to this section shall be inclusive of and not in addition to the number of quota films (if any) that may be rejected by the holder of the exhibitor’s licence in terms of any contract with the renter, but no contract between the holder of the exhibitor’s licence and the renter shall be effective to restrict the licence holder’s choice of quota films that may be rejected by him within the limits hereinbefore prescribed by this section.

For the purpose of determining the extent of the right of rejection exercisable by the holder of an exhibitor’s licence under this section, all contracts made between a renter and the holder of an exhibitor’s licence shall be deemed to be one contract, if those contracts provide for the supply to the holder of the exhibitor’s licence for exhibition in any one cinematograph theatre, or in any one of a number of specified cinematograph theatres, of films released or to be released by the renter during any film-renting season.

Notice of his intention to reject any film pursuant to any right of rejection conferred on any holder of an exhibitor’s licence by section 58 of this Act or by any contract shall not have any effect unless it is given by him to the renter within twenty-one days after the receipt by the exhibitor of a notification from the renter that the film will be available for exhibition by the exhibitor in terms of his contract:

Provided that in the case of a film that has not been released when the notification is given by the renter, the exhibitor may give notice of his intention to reject the film at any time within twenty-one days after its release, or within twenty-one days after the film has been otherwise made available for viewing by the exhibitor, or by some person nominated by him to view it on his behalf, at a screening arranged by the renter.

Any notification given by a renter to an exhibitor for the purposes of this section with reference to a film that has been released before the notification is given shall specify the cinematograph theatre in which the film was released and such other particulars (if any) relating to prior exhibitions of the film as may be prescribed.

For the purposes of this section and of section 58 of this Act, the right to select any film or films from any number of films the subject-matter of a film-renting contract shall be deemed to be a right to reject any unselected film or films.

Every renter commits an offence who, on application by the holder of an exhibitor’s licence who is otherwise unable to obtain an adequate supply of films on usual trade terms and conditions, refuses to rent any released film to that exhibitor on the terms and conditions usually applicable in the circumstances of the business of that exhibitor and that renter respectively, unless, when that application is made, the film is the subject-matter of a film-renting contract with a competitive exhibitor in the same locality and has not been rejected by him, or is the subject-matter of bona fide negotiations for renting with a competitive exhibitor in the same locality.

Every person who commits an offence against this section is liable to a fine not exceeding one hundred pounds.

No prosecution for an offence against this section shall be instituted except with the consent of the Minister of Internal Affairs given with the concurrence of the Minister of Industries and Commerce.

Every holder of an exhibitor’s licence commits an offence who hires any films in excess of the number of films reasonably required by him for exhibition in any cinematograph theatre or theatres in respect of which he is licensed.

Every person who commits an offence against this section is liable to a fine not exceeding one hundred pounds.

No prosecution for an offence against this section may be instituted except with the consent of the Minister of Internal Affairs given with the concurrence of the Minister of Industries and Commerce.

In this section the term “standard contract” means the form of standard film-hiring contract approved by the Minister of Internal Affairs under the provisions of the Cinematograph Films Amendment Act 1934 on the twenty-third day of October, nineteen hundred and forty (a copy of which is published in the Gazette of the twenty-fourth day of October, nineteen hundred and forty, at page 2747), or any form of standard film-renting contract for the time being prescribed in its place by the Minister pursuant to the provisions of subsection (2) of this section; and includes any modification thereof made under that subsection.

The Minister may from time to time, by notice in the Gazette, prescribe a new form of standard film-renting contract or modify any of the terms or conditions of the standard contract for the time being in force.

The prescribing by the Minister of any new standard contract in accordance with this section shall be effective for such period, not exceeding two years, as the Minister specifies in the notice prescribing the form:

Provided that the standard form of contract may be at any time varied with the approval of the Minister given on a joint application made by or on behalf of a majority of the holders of renters’ licences and a majority of the holders of exhibitors’ licences for the time being:

Provided also that if on the expiration of the period so prescribed a new standard contract has not been prescribed the standard contract in force before the expiration of that period shall, unless the Minister otherwise directs, continue to be in force until it is superseded on the prescribing of a new standard contract.

Before prescribing any new form of standard contract or any modification of the standard contract, the Minister shall consult with such body as appears to him to be representative of holders of renters’ licences and holders of exhibitors’ licences, and shall take into consideration any recommendations in relation thereto made by that body.

All film-renting contracts (whether made before or after the commencement of this Act) with reference to films to be exhibited by a licensed exhibitor after the commencement of this Act shall be read subject to the standard contract for the time being in force, and, so far as the terms and conditions of any such contract purport to negative or are inconsistent with any of the terms or conditions of the standard contract, they shall not be binding either on the exhibitor or the renter.

No film-renting contract entered into while a prescribed or approved standard form of contract is in force shall be affected by any variation thereafter made in that standard form or by the prescribing of a new standard contract.

No stamp duty shall be payable on any film-renting contract to which the provisions of section 62 of this Act apply.

Every renter commits an offence who knowingly rents to any exhibitor for the purposes of exhibition in any premises any film in respect of the exhibition of which that exhibitor is required under Part IV of this Act to be the holder of an exhibitor’s licence or an exhibitor’s permit unless the exhibitor holds such a licence or permit.

It shall be a sufficient defence to a charge of an offence against this section if the defendant proves that the exhibitor by contract with the renter has bound himself to obtain all necessary licences or permits under this Act, or that the defendant believed on reasonable grounds that the exhibitor held all necessary licences or permits under this Act.

Notwithstanding anything to the contrary in section 14 of the Summary Proceedings Act 1957, proceedings against any person for failure in any year to comply with the provisions of this Part of this Act as to the renter’s quota or as to the exhibitor’s quota may be commenced within one year from the end of that year.

This Part of this Act (except this section, section 67, and subsections (1), (2), and (4) of section 70) and any regulations made pursuant to section 69 of this Act shall expire with the thirtieth day of September nineteen hundred and sixty-four.

No person shall on or after the first day of October, nineteen hundred and sixty-four, import into New Zealand or manufacture, rent, transport, or exhibit any cinematograph film that is of a highly inflammable nature as determined by tests prescribed by regulations made under this Act.

Every person who commits a breach of this section is liable to a fine not exceeding one hundred pounds.

On the conviction of any person for an offence against this section the film in respect of which the offence was committed shall be deemed to be forfeited to the Crown, and may be destroyed or otherwise dealt with as the Minister directs.

No person shall store any cinematograph film of gauge greater than sixteen millimetres in any premises (not being a private dwelling), or transport any such film from one place to another by any means whatsoever, or project any such film in any place where film is exhibited, otherwise than in accordance with regulations made pursuant to section 69 of this Act:

Provided that the Chief Inspector may, where he is satisfied that the film proposed to be stored, transported, or projected is not of a highly inflammable nature, authorise in writing any person to store, transport, or project any film otherwise than in accordance with any such regulations.

Any written authorisation given by the Chief Inspector under subsection (1) of this section shall be subject to such conditions as the Chief Inspector considers necessary for the public safety, and the Chief Inspector may apply, exclude, or modify to such extent as is stated in the authorisation the provision of any regulations made pursuant to section 69 of this Act.

No written authorisation given by the Chief Inspector under this section shall be deemed to limit the powers of an Inspector of Films under section 70 of this Act.

For the purpose of conserving the safety of persons and property, regulations may be made under section 113 of this Act for all or any of the following purposes:

Every Inspector of Films shall for the purposes of this Part of this Act have the like powers with respect to cinematograph films and the premises in which films may be stored or projected and with respect to any matter incidental thereto as he has under the Dangerous Goods Act 1957 with respect to dangerous goods.

The Chief Inspector may at any time by writing under his hand authorise any person to act as an Inspector of Films for the purpose of securing the effective inspection of premises and equipment, and any person so appointed shall for the purposes of this Part of this Act have the powers of an Inspector of Films.

For the purposes of effective inspection of electrical apparatus and electrical equipment in any premises in which film is stored or exhibited, and for enforcement in connection therewith of the conditions in respect of the installation and maintenance of electrical equipment prescribed by regulations made pursuant to section 69 of this Act, every Inspector of electrical wiring registered under the Electricians Act 1952, shall, for the purposes of this Part of this Act and in respect only of the inspection of electrical apparatus and equipment, have the powers of an Inspector of Films.

Every person commits an offence who obstructs an Inspector in the exercise of his powers under this Part of this Act, or who fails to comply with any requisition in writing made by an Inspector in the performance of his duties under this Part, or who fails to give to an Inspector any information that the Inspector may reasonably require of him for the purposes of this Part of this Act.

Where any accident, by way of fire or explosion involving cinematograph film, occurs, the person for the time being authorised or entitled to distribute that film in New Zealand and any person who had that film in his possession at the time of the accident for the purpose of exhibiting it under the authority of an exhibitor’s licence or exhibitor’s permit shall forthwith send or cause to be sent to the office of the Chief Inspector at Wellington a written report of the accident and of any loss of life, personal injury, or damage to property occasioned thereby, and shall answer all such inquiries into the cause and result of the accident as may be made by any Inspector of Films.

For the purposes of this Act there is hereby established a Board to be known as the Cinematograph Film Projectionists Licensing Board.

The Board shall consist of—

The members of the Board shall be appointed by the Minister, and shall hold office during his pleasure.

The Board is hereby declared to be the same Board as the Cinematograph Film Operators’ Licensing Board constituted under the Cinematograph Operators Licensing Regulations 1938, and the members of that Board holding office at the date of the commencement of this Act shall continue in office as if they had been appointed under this section.

The functions of the Projectionists Licensing Board shall be—

The Secretary for the time being of the Licensing Authority shall also be the Secretary of the Projectionists Licensing Board.

The Projectionists Licensing Board shall meet for the conduct of its business at such times and places as it considers necessary.

Notice of the time and place for every such meeting, signed by the Secretary, shall be sent to every member of the Board at least three clear days before the time appointed for that meeting.

The Chairman shall preside at every meeting of the Board at which he is present.

In the absence of the Chairman from any meeting of the Board, he may authorise any other officer of the Department of Internal Affairs to attend the meeting in his stead, and while so attending that officer shall be deemed to be the Chairman of the Board. The fact that any person attends and acts as the Chairman of the Board at any such meeting shall be conclusive proof of his authority to do so.

At all meetings of the Board the quorum necessary for the transaction of business shall be three members, including the Chairman or the person attending the meeting in his stead under subsection (4) of this section.

Every question before the Board shall be determined by a majority of the votes of the members present at the meeting.

The Chairman of any meeting of the Board shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.

Except as otherwise provided in this section, the Board shall determine its own procedure.

No person shall—

unless he is the holder of a cinematograph film projectionist’s licence issued under this Part of this Act (such a licence being referred to in this Part as a projectionist’s licence) which is appropriate to that projection in accordance with regulations made under this Act:

Provided that nothing in this subsection shall derogate from the provisions of section 79 of this Act.

No person shall employ any other person to project cinematograph film or assist in the projection of cinematograph film in any cinematograph theatre who is not the holder of a projectionist’s licence.

The projection of film by or employment of an unlicensed projectionist shall not be an offence under this section in the case of sickness or other emergency affecting the person normally employed where no other licensed projectionist is available, provided the projection by an unlicensed projectionist does not extend over a period in excess of fourteen days or such longer period, not exceeding four weeks, as the Film Projectionists Board authorises, having regard to the circumstances of the particular case.

The holder of an exhibitor’s licence in respect of any theatre shall ensure that, when film is being projected in that theatre for the purposes of a public performance, a projectionist holding a projectionist’s licence which is appropriate to that projection in accordance with regulations made under this Act is in charge of the projection room throughout the performance.

Except in the case of illness or emergency, the projectionist in charge of the projection room as aforesaid shall not absent himself from the projection room while the projection apparatus is in use at a public performance.

Application to the Projectionists Licensing Board for a projectionist’s licence shall be made to the Secretary of the Board, and shall be in the prescribed form and be accompanied by the prescribed examination fee.

Projectionists’ licences shall be of such classes and grades and shall be subject to such conditions and limitations in respect of the type of film to be projected, or of the type of premises in which projection may be carried out, or of the frequency of projection, as may be prescribed.

Where regulations made under this Act provide that the issue of any particular class or grade of projectionist’s licence shall be dependent on the passing of an appropriate written, oral, or practical examination or on the possession of specified training or practical experience in the projection of cinematograph films by an applicant for a projectionist’s licence, the Board shall not issue such a licence to any person, unless it is satisfied that the applicant has passed an examination appropriate in the opinion of the Board to the class or grade of the projectionist’s licence applied for or that he possesses the required training or practical experience in the projection of cinematograph film.

Where an applicant for a projectionist’s licence fails to pass the necessary examination, he shall not be competent to sit for a further examination for a period of twelve months:

Provided that he may, on application to the Board within one month from the date of receipt by him of notification of his failure and on payment of such special examination fee as may be prescribed, be submitted to a further examination, which shall be carried out by an examiner and two licensed projectionists appointed by the Board.

The Board may, if it thinks fit, require that any applicant for any class or grade of projectionist’s licence who already holds or has previously held a projectionist’s licence shall pass such written, oral, and practical examination as the Board specifies on matters affecting any alteration in projection technique which may have taken place since the licence was issued or on other matters which may from time to time be determined by the Board.

Every projectionist’s licence issued under this Part of this Act shall, unless previously revoked or suspended by the Board, expire with the thirty-first day of May, nineteen hundred and sixty-two, and thereafter shall, if renewed, expire with the thirty-first day of May in every second year.

Application for the renewal of any projectionist’s licence shall be made in the prescribed form to the Secretary of the Board not less than one month before the day on which the licence expires.

For the purposes of this Part of this Act, any operator’s licence issued under the Cinematograph Operators’ Licensing Regulations 1938 before the date of the commencement of this Act and in force on that date shall be deemed to be a projectionist’s licence issued under the provisions of this Part of this Act.

There shall be payable in respect of projectionist’s licences such licence fees as may be prescribed.

Where it appears to the Projectionists Licensing Board that there is reason to believe that—

the Board may, by notice in writing signed by the Secretary, call upon the holder of the licence forthwith to produce his licence to the Board and to attend before the Board personally or by his representative at such place and time as are specified in the notice to show cause why his licence should not be revoked or otherwise dealt with.

If the Board, after hearing any evidence and representations submitted in support of the matter of complaint and any evidence and representations submitted by the licence holder or his representative, considers any such matter of complaint to be proved, the Board may, in its discretion and according to the nature of the complaint,—

Any decision of the Board to revoke, suspend, or endorse any projectionist’s licence shall forthwith be communicated to the holder of the licence in writing signed by the Secretary of the Board.

Every decision of the Board to revoke or suspend a licence shall forthwith take effect as a suspension of the licence, but shall not have any other effect until twenty-eight days after the date of the decision, and shall, upon the expiration of the said period of twenty-eight days, unless an appeal is then pending, take full effect according to its tenor.

If any licence holder affected by any decision made under this section appeals against the decision to the Licensing Appeal Authority under section 86 of this Act, he shall forthwith notify the Secretary of the Projectionists Licensing Board in the form prescribed that the appeal has been made.

If within twenty-eight days after any decision by the Board under this section the licence holder affected by the decision does not give notification of appeal as provided in subsection (5) of this section, or having given such a notification does not proceed with the appeal, or if the Licensing Appeal Authority confirms the decision of the Board or modifies it so that the licence is revoked, suspended, or endorsed, the Secretary of the Board shall—

No person, whether a licensed projectionist or not, shall on or after the first day of October, nineteen hundred and sixty-four, project in any premises other than a private residence any cinematograph film that is of a highly inflammable nature as determined by tests prescribed by regulations made under this Act.

Every holder of a projectionist’s licence commits an offence who—

The Governor-General may from time to time appoint a suitable person to be the Cinematograph Films Licensing and Registration Appeal Authority.

The person appointed to be the Licensing Appeal Authority shall be a barrister or solicitor of the Supreme Court of not less than seven years’ practice, whether or not he holds or has held any judicial office.

Any person appointed under this section to be the Licensing Appeal Authority may hold that office concurrently with any other office held by him.

The person appointed to be the Licensing Appeal Authority shall hold office for a term of four years, but may from time to time be reappointed, or may be at any time removed from office by the Governor-General in Council for disability, bankruptcy, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister.

Where the person who is the Licensing Appeal Authority becomes from any cause incapable of acting or where that person deems it not proper or desirable that he should adjudicate at any specified appeal, the Governor-General in Council may appoint a suitable person to be the Deputy Cinematograph Films Licensing and Registration Appeal Authority. The person so appointed shall, subject to the conditions or limitations and for the period specified in his appointment, have all the powers, duties, and functions of the Licensing Appeal Authority.

The fact that any person is acting as the Deputy Licensing Appeal Authority shall be conclusive evidence of his authority so to do, and no person shall be concerned to inquire whether the occasion for his appointment had arisen or ceased.

No person shall be appointed the Deputy Licensing Appeal Authority under this section unless he is eligible for appointment as the Licensing Appeal Authority.

There shall be payable to the Licensing Appeal Authority and to the Deputy Licensing Appeal Authority out of the Consolidated Fund, without further appropriation than this section, such remuneration by way of fees, salary, and allowances as is fixed from time to time by the Minister of Finance:

Provided that nothing in this subsection shall apply with respect to any Licensing Appeal Authority or Deputy Licensing Appeal Authority who for the time being receives out of public money a salary in respect of any office that he holds concurrently with his office as the Licensing Appeal Authority or Deputy Licensing Appeal Authority.

The person holding office at the commencement of this Act as the Cinematograph Films Licensing Appeal Authority shall be deemed to have been appointed as the Cinematograph Films Licensing and Registration Appeal Authority under this Act, and shall hold office as such for the residue of the term for which he was originally appointed.

The functions of the Licensing Appeal Authority shall be to sit as a judicial authority for the determination of appeals from any decision of—

The Licensing Appeal Authority may receive as evidence any statement, document, information, or matter that may in his opinion assist him to deal effectually with the matters before him, whether or not the same would be otherwise admissible in a Court of law.

Subject to the foregoing provisions of this section, the Evidence Act 1908 shall apply to the Licensing Appeal Authority and to all proceedings before the Licensing Appeal Authority in the same manner as if the Licensing Appeal Authority were a Court within the meaning of that Act.

The Licensing Appeal Authority shall within the scope of his jurisdiction be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act, all the provisions of the Commissions of Inquiry Act 1908 shall apply accordingly.

Proceedings before the Licensing Appeal Authority shall not be held bad for want of form; and no appeal shall lie from any order of the Licensing Appeal Authority; and, except on the ground of lack of jurisdiction, no proceeding or order of the Licensing Appeal Authority shall be liable to be challenged, reviewed, or called in question in any Court.

Every sitting of the Licensing Appeal Authority shall be held in public and at such place as he deems convenient having regard to the nature of the matter to be decided:

Provided that the Licensing Appeal Authority may in any case, if he considers it is in the interests of the parties or of any of them and is not contrary to the interests of other persons concerned, order that the hearing or any part thereof shall be held in private.

Any sitting of the Licensing Appeal Authority may be adjourned from time to time and from place to place.

The Licensing Appeal Authority may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings in any appeal before him:

Provided that no such order shall be made prohibiting the publication of the names and descriptions of the parties to the appeal, or particulars of any licence or permit or certificate thereby affected, or of any decision of the Licensing Appeal Authority.

Except as otherwise provided in this Act, the Licensing Appeal Authority shall determine his own procedure.

There shall be a right of appeal within twenty-eight days after the date of the decision appealed against from—

The following persons and no others may exercise a right of appeal as specified in subsection (1) of this section:

Every appeal to the Licensing Appeal Authority shall be in the prescribed form and shall be forwarded to the Secretary for Internal Affairs together with the prescribed fee.

Every such appeal shall forthwith be referred to the Licensing Appeal Authority for determination in accordance with the provisions of this Act.

For the purpose of every such appeal the Secretary for Internal Affairs shall furnish to the Licensing Appeal Authority a copy of any notes of evidence taken by the original authority in connection with the subject-matter of the appeal.

As soon as conveniently may be after the receipt of any appeal, the Licensing Appeal Authority shall fix a time and place for the hearing of the appeal, and shall give not less than fourteen clear days’ public notice of the time so fixed, and shall also give not less than fourteen clear days’ notice in writing to the appellant and to the holder of or applicant for any licence or permit or certificate in respect of which the appeal is made.

At the hearing of any appeal, the Licensing Appeal Authority shall hear all the evidence tendered and all representations made by or on behalf of the appellant and other persons which he deems relevant to the subject-matter of the appeal.

In his determination of any appeal the Licensing Appeal Authority may confirm, modify, or reverse the decision appealed against.

Notwithstanding anything in section 88 of this Act, the Licensing Appeal Authority may in any case, instead of determining any appeal under that section, direct the authority whose decision is appealed against to reconsider the matter in respect of which the appeal was made.

In any case where the Licensing Appeal Authority issues a direction under subsection (1) of this section, the decision appealed against shall have no effect, and the authority whose decision is appealed against shall again consider the matter as if no decision had previously been made, and the provisions of this Act shall apply as if that authority had received an original application in respect of the matter to which the direction relates.

Whenever the Licensing Appeal Authority directs under this section that any matter be reconsidered, he shall advise the authority whose decision is appealed against of his reasons for so doing; and that authority in reconsidering the matter shall have regard to those reasons.

The determination of the Licensing Appeal Authority in any appeal shall be communicated by him to the Secretary for Internal Affairs, who shall thereupon notify that determination to the authority whose decision was appealed against and to every other person who in the opinion of the Secretary for Internal Affairs is directly concerned, and the original authority shall forthwith take all necessary steps to carry into effect the decision of the Licensing Appeal Authority.

For the purposes of this Act, there is hereby established a Board of Appeal to be known as the Cinematograph Films Censorship Board of Appeal.

The Censorship Board of Appeal shall consist of three persons to be appointed by the Minister, each of whom shall be appointed for a term of not more than three years, but shall be eligible for reappointment, and may be at any time removed from office by the Minister for disability, bankruptcy, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister.

One of the members of the Censorship Board of Appeal shall be appointed by the Minister as the Chairman of the Board.

The functions of the Censorship Board of Appeal shall be to hear and determine appeals against the whole or any part of any decision of the Censor under this Act.

The Censorship Board of Appeal shall sit for the conduct of its business at such times and places as it considers necessary.

The Chairman or his deputy shall preside at every sitting of the Board of Appeal.

Subject to the provisions of section 94 of this Act, the decision of not less than two members of the Board of Appeal shall constitute the decision of the Board.

The Minister may appoint any person to act as the deputy for any member of the Board of Appeal who may, through illness or any other cause, be unable to be present at any sitting of the Board. Every such appointment shall be subject to such conditions as the Minister may impose.

No appointment of a deputy and no acts done by him as such, and no act done by the Board of Appeal while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion of his appointment had not arisen or had ceased.

Subject to the provisions of this section, the Board of Appeal shall determine its own procedure.

On any appeal from any decision of the Censor in respect of a newsreel, the appeal authority may, if the Minister so directs, consist of one or more of the members of the Censorship Board of Appeal or some other person or persons appointed for that purpose by the Minister, who shall for the purposes of this section be deemed to be the Censorship Board of Appeal. Where the appeal authority under this section consists of one person, the decision of that person shall constitute the decision of the Censorship Board of Appeal.

Proceedings before the Censorship Board of Appeal shall not be held bad for want of form; and no appeal shall lie from any order of the Board of Appeal; and, except on the ground of lack of jurisdiction, no proceeding or order of the Board of Appeal shall be liable to be challenged, reviewed, or called in question in any Court.

Any person who submits any film to the Censor for examination shall have a right of appeal to the Censorship Board of Appeal from every decision of the Censor in relation to that film.

The Minister or any person authorised by the Minister in that behalf shall have a right of appeal against the Censor’s approval of any film, whether that approval is absolute (whether with or without any recommendation) or conditional or has been given before or after the commencement of this Act.

Every appeal against a decision of the Censor, not being an appeal by the Minister or by a person authorised by the Minister, shall be lodged with the Secretary for Internal Affairs in the prescribed form within thirty days after notification of the decision of the Censor to the person submitting the film for examination for censorship.

Every notice of appeal against the decision of the Censor, not being an appeal by the Minister or by a person authorised by the Minister, shall be accompanied by the prescribed fee, and the film in respect of which the appeal is made shall be delivered by the appellant to such address as the Secretary for Internal Affairs directs.

On receipt of any notice of appeal against the decision of the Censor, the Secretary for Internal Affairs shall forthwith transmit that notice to the Chairman of the Censorship Board of Appeal, who shall arrange for the hearing of the appeal.

Every such appeal shall be determined as soon as practicable.

Every party to an appeal against a decision of the Censor may be represented by counsel or a solicitor.

On any appeal against the Censor’s decision in relation to any film, the Censorship Board of Appeal shall take into consideration the matters required to be considered by the Censor under section 14 of this Act, and may—

On any appeal by the Minister or by any person authorised by the Minister under subsection (2) of section 96 of this Act,—

Where the Censorship Board of Appeal varies or reverses any decision of the Censor, the Board shall direct the Censor in writing to issue a new certificate of approval in accordance with its decision or to cancel the existing certificate, as the case may be, and the Censor shall whenever necessary issue a new certificate accordingly and shall in all such cases cancel the previous certificate.

Where the Censor’s approval of any film is disallowed on appeal by the Minister or by a person authorised by the Minister, the renter of that film and any exhibitor with whom the renter has entered into any contract with reference to the exhibition of the film shall be mutually relieved from their liabilities under the contract in respect of that film, except so far as those liabilities are in respect of exhibitions of the film that have taken place before that withdrawal.

Notwithstanding anything in section 98 of this Act, the Censorship Board of Appeal may in any case, instead of determining any appeal under that section, direct the Censor to reconsider the matter in respect of which the appeal was made.

In any case where the Censorship Board of Appeal issues a direction under subsection (1) of this section, the decision appealed against shall have no effect, and the Censor shall again consider the matter as if no decision had previously been made, and the provisions of this Act shall apply as if the Censor had received an original application in respect of the matter to which the direction relates.

Whenever the Censorship Board of Appeal directs under this section that any matter be reconsidered, it shall advise the Censor of its reasons for so doing; and the Censor in reconsidering the matter shall have regard to those reasons.

The provisions of sections 96 to 99 of this Act shall apply with respect to posters as if references in those sections to a film were references to a poster, but the Censorship Board of Appeal may, if it considers it necessary, require any film to which any such poster relates to be delivered to the Board for viewing.

There may from time to time be appointed under the Public Service Act 1912 such number of Inspectors of Films as may be considered necessary.

The Chief Inspector of Dangerous Goods under the Dangerous Goods Act 1957 shall be the Chief Inspector of Films.

The Deputy Chief Inspector of Explosives appointed under the Explosives Act 1957 shall be deemed to be an Inspector of Films.

Subject to the control of the Chief Inspector, the Deputy Chief Inspector of Explosives shall have and may exercise all the powers, duties, and functions of the Chief Inspector under this Act.

Every employee of the Public Service for the time being holding office as an Inspector under the Dangerous Goods Act 1957 shall be deemed to be an Inspector of Films under this Act.

In addition to the powers, duties, and functions conferred or imposed on Inspectors of Films by Part VI of this Act and by regulations made pursuant to section 69 of this Act, every Inspector of Films may—

In the exercise of the powers conferred on him by subsection (1) of this section,—

Every person commits an offence who obstructs an Inspector in the performance of his duties under this Act or who fails to comply with any requirement of an Inspector under paragraph (b) of subsection (2) of this section.

Subject to the provisions of section 38 of this Act, the holder of any exhibitor’s licence or renter’s licence who has complied with every condition of his licence and with the provisions of this Act in relation thereto shall, on making application in that behalf within the prescribed period, be entitled to a renewal of his licence.

The Minister may at any time, on the recommendation of the Licensing Authority, withdraw his approval of any society as an approved film society under this Act.

No member of the Licensing Authority or of the Projectionists Licensing Board or of the Censorship Board of Appeal shall be personally liable for any act done or omitted by that Authority or Board or by any member thereof in good faith in pursuance of the powers and authority of the Authority or Board.

There may be paid to the members of the Licensing Authority or of the Projectionists Licensing Board or of the Censorship Board of Appeal remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

The Licensing Authority and those Boards are hereby declared to be statutory Boards within the meaning of the Fees and Travelling Allowances Act 1951.

Every person commits an offence who makes any statement or gives any information or enters or causes to be entered any matters which are false or misleading in any material particular or respect—

Every person commits an offence who acts in contravention of or fails to comply with any provision of this Act or of any regulations made under this Act.

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 is liable to a fine not exceeding fifty pounds and, if the offence is a continuing one, to a further fine not exceeding ten pounds for every day on which the offence has continued.

Every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction.

On the conviction of the holder of any licence or permit granted under this Act for any offence against this Act or against any regulations made under this Act, the Court, whether or not it imposes any other penalty in respect of the offence, may cancel that licence or permit, and may direct that the defendant shall not be qualified to receive a new licence or permit of any sort for such period, not exceeding twelve months, as the Court thinks fit.

Where the Governor-General considers that, by reason of any technical change or development in the production, projection, or screening of films, it is not practicable to comply with any requirement of this Act relating to the censorship or registration of films or to any certificate of the Censor or the Registrar, or full effect cannot be given to any such requirement according to the true intention thereof, regulations may from time to time be made under section 113 of this Act making such provisions as the Governor-General considers necessary to enable the requirements to be complied with, or to enable full effect to be given to the true intention of this Act. Regulations made pursuant to this section shall have effect according to their tenor, notwithstanding any provision of this Act to the contrary.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

All regulations made under this Act shall be laid before Parliament.

The enactments specified in the First Schedule to this Act are hereby amended in the manner indicated in that Schedule.

The enactments specified in the Second Schedule to this Act are hereby repealed.