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Film and Public Entertainment Act 1979

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

FILM AND PUBLIC ENTERTAINMENT ACT 1979

1979/45 – 1 January 1980

PART 1
PRELIMINARY

1 Short title

2 Interpretation

PART 2
FILM AND PUBLIC ENTERTAINMENT CONTROL BOARD

3 Film and Public Entertainment Control Board

PART 3
LICENSING OF EXHIBITORS

4 Exhibitor’s licences

5 Suspension or revocation of exhibitor ’s licence

6 Exhibitor ’s licence dispensed with in certain cases

7 Duties of licensee

PART 4
CENSORSHIP OF FILMS

8 Appointment of Censor

8A Directions to the Censor

9 Films not to be exhibited unless approved

10 Application for approval of film

11 Examination of films by Censor

12 Powers of Censor

13 Classification of film approved by Censor

14 Certificates

14A Offence to mislead Censor

14B Renter’s licence

PART 5
CONDUCT OF FILM EXHIBITION AND PUBLIC ENTERTAINMENTS

15 Film exhibition restriction

16 Children under 12 years

17 Disqualified exhibitor

18 [Repealed]

19 Late night entertainment prohibited

20 Excessive noise prohibited

21 Public entertainment restriction

22 No liquor near entertainment places

23 Penalty

PART 6
PLACES OF ENTERTAINMENT

24 Licensed premises

25 Attendance of responsible persons

PART 7
GENERAL PROVISIONS

26 Supervision and control by police

27 Hindering or obstructing officers

28 Offences

29 General penalty

30 Proceedings before High Court

31 Fees and penalties

32 Regulations

33 [Spent]

SCHEDULES

__________________________

To make better provision for the regulation and control of the exhibition of films and public entertainment

PART 1
PRELIMINARY

1. Short title

This is the Film and Public Entertainment Act 1979.

2 Interpretation

In this Act –

"Board" means the Film and Public Entertainment Control Board established under section 3;

"Censor" means the Censor of films appointed under section 13 and includes any assistant Censor appointed under that section; "Chairman" means the Chairman of the Board;

"Chief of Police" includes any person authorised to exercise or perform
any of the powers, duties, or functions of the Chief of Police;

"exhibitor’s licence" means an exhibitor’s licence issued under section 4; "film" means a cinematograph film; and includes a videotape, and any other material record of visual moving images that is capable of being used for the subsequent projection of those images in a fixed sequence on to any screen; and also includes any part of any such film, and any copy or part of a copy of the whole or any part of a film;

"film exhibition" means –

(a) The exhibition of a cinematograph film and any part of a cinematograph film; and

(b) Includes the production of any music, speech or other sound whatsoever in connection with the projection of a film;

"Minister" means the Minister of Police;

"natural scenery" means the landscape features of nature existing in its
natural state;

"premises" includes any building, enclosure, ground or open-air space;

"projection" means the act of presenting film on a screen by means of a cinematograph machine or other apparatus;

"public entertainment" means any concert, dance, boxing or any other form of public entertainment whatsoever;

"renter" means any person who supplies any film to any other person whether for financial reward or other consideration; "scenario" means a statement or summary of the plot and of the incidents depicted in a film.

PART 2
FILM AND PUBLIC ENTERTAINMENT CONTROL BOARD

3 Film and Public Entertainment Control Board

(1) There shall be established a board, to be known as the Film and Public Entertainment Control Board.

(2) The members of the Board shall consist of –

(a) The Minister who shall be the chairman;

(b) The Chief of Police; and

(c) The Secretary to the Board who shall be appointed by the Public Service Commission and who may hold any other office which the Public Service Commission considers to be not incompatible therewith.

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

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

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

(b) In the event of equality of votes on any decision the person presiding shall have a second or casting vote.

(6) Subject to this Act, the Board shall regulate its own procedure.

(7) The Board shall cause a proper record of its proceedings to be kept.

(8) Every licence or other document issued by the Board shall be signed by the Chairman and the Secretary of the Board.

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

PART 3
LICENSING OF EXHIBITORS

4 Exhibitor’s licences

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

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

(3) Application for an exhibitor ’s licence shall be made, in the form prescribed in Schedule 1, to the Board for the area in which the premises in respect of which the licence is sought are situated.

(4) The Board may –

(a) Refuse an application for an exhibitor’s licence if it is satisfied that the premises do not comply with Part 6 or if the applicant is a person who has been convicted of an offence under this Act; or

(b) Grant such a licence –

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

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

(5) (a) An exhibitor’s licence shall be in the form prescribed in Schedule 2 and, on payment of the prescribed fee, may be granted subject to such terms and conditions as the Board considers necessary in the interests of the safety, health, and convenience of persons attending any film exhibition held under the authority of such licence.

(b) The Board may remit or waive any fee payable under this subsection in the case of any film exhibition held for any charitable, educational or public purpose.

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

(7) Films may be exhibited without an exhibitor’s licence –

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

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

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

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

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

(d) In any premises which are the subject of a liquor licence issued under the Liquor Act where no charge whatsoever is made for such film exhibition.

5 Suspension or revocation of exhibitor’s licence

(1) An exhibitor’s licence may be suspended or revoked –

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

(b) By the Board, if in its opinion the quality of sound and sharpness of image of any film approved by the Censor falls below a reasonable standard for public exhibition;

(2) In the event of an exhibitor’s licence being suspended or revoked under subsection (1), the Board shall not grant any further licence to such exhibitor while such suspension or revocation remains in force.

6 Exhibitor’s licence dispensed with in certain cases

Notwithstanding anything contained in this Part, the Board may, if the Censor certifies that any film falls within any of the following categories, authorise in writing any person to exhibit such film in any suitable premises without an exhibitor’s licence –

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

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

(d) Films depicting wholly or mainly industrial or manufacturing processes;

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

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

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

(h) Films depicting wholly or mainly natural scenery.

7 Duties of licensee

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

PART 4
CENSORSHIP OF FILMS

8 Appointment of Censor

(1) (a) The Board shall appoint a suitable person to be the Censor and such other persons as it considers necessary, to be known as assistant Censors, to assist the Censor or to act in his stead.

(b) No member of the Board may be appointed as the Censor or an assistant Censor.

(2) (a) Subject to any directions given by the Censor, every assistant Censor shall
have and may exercise all or any of the powers, duties, discretion and authorities conferred upon the Censor by or under this Act.

(b) Every decision of an assistant Censor shall be signified in the name of the Censor and shall be deemed to be a decision of the Censor.

8A Directions to the Censor

(1) The Board may give the Censor directions as to the policy to be adopted in the exercise of the powers and duties conferred upon him by or under this Act and the Censor shall at all times act in compliance with such directions.

(2) The Board may, in giving directions to the Censor under subsection (1), place a prohibition either totally, or in respect of public or private viewing only, on films of a particular kind, or films displaying certain kinds of activities, and such a prohibition shall be binding on the Censor.

9 Films not to be exhibited unless approved

(1) Subject to subsection (2) no person shall exhibit any film (in public or in private) or make available for rent or exhibition any film unless and until that film has been examined and approved by the Censor.

(2) (a) The Censor, after considering the application for approval, may exempt a film from the requirements of examination and may approve it for exhibition or rent without first examining it if he has reason to believe that the film as described in the application would otherwise meet the requirements for approval.

(b) An exemption may be granted absolutely, or subject to such conditions as the Censor may impose.

(3) (a) The Censor may at any time require a film that was granted an exemption from examination under subsection (2) to be resubmitted to him for examination and if necessary classification.

(b) In any such case the earlier approval shall be deemed to be cancelled.

10 Application for approval of film

(1) Subject to section 14 (2) every application for the approval by the Censor of any film shall be made in writing on the form prescribed by the Censor and be accompanied by a scenario of that film and the prescribed fee.

(2) The Censor may dispense in a particular case with the requirement relating to the submission of a scenario.

11 Examination of films by Censor

(1) Where any film is submitted to the Censor for examination by him the Censor shall, unless he exempts the film from examination under section 9, as soon as practicable, examine the film at premises approved for such purposes by the Board.

(2) The Censor may require any film in respect of which his approval is sought under this Act to be exhibited before him for the purpose of censorship, at such time as he may determine and in a place approved by the Board for such purpose at the expense and risk of the applicant.

(3) Subject to subsection (4) in examining any film under this Act the Censor may consult any person whom he considers may be able to assist him in forming an opinion of the film on which to base his decision in respect of the film.

(4) (a) The Board may determine either generally or in respect to any particular film the eligibility of any person to be present with the Censor when he is examining a film and that decision shall be binding on the Censor.

(b) The applicant shall be entitled as of right to attend any such examination.

12 Powers of Censor

(1) After examining a film for the purposes of this Part the Censor shall either –

(a) Approve the film for exhibition or rental and classify it in accordance with section 13; of

(b) Return the film to the applicant specifying the part or parts of the film that would require to be omitted or altered in order to obtain the approval of the Censor; or

(2) The Censor shall not refuse to approve a film for exhibition, or rental other than under a direction under section 8A, without the film having first been examined under section 11.

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

13 Classification of film approved by Censor

(1) The Censor shall give each film approved for exhibition or rental under section 12(1)(a) one of the following classifications –

(a) Approved for general exhibition; or

(b) Approved for exhibition to persons over the age of 13 years; or

(d) Approved for restricted exhibition.

(2) Any film falling into subsection (1)(d) may be approved subject to –

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

(b) Any other condition that the Censor may consider necessary or advisable.

(3) No person shall exhibit or cause to be exhibited any film approved under subsection (1) –

(a) In the case of a film in category (b) to any persons under the age of 13 years;

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

14 Certificates

(1) The Censor shall –

(a) Signify his approval of a film and the category into which he has classified it or his refusal to approve a film by a certificate prescribed in Schedule 3;

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

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

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

14A Offence to mislead Censor

Every person commits an offence and shall be liable to a fine not exceeding 2 penalty units and to forfeiture of the films involved who knowingly misleads or attempts to mislead the Censor in respect to the content of any film submitted to him for approval or provides any false information to the Censor about such a film in the application for approval or elsewhere.

14B Renter’s licence

(1) No person shall rent any film to any person unless he is the holder of a renter’s licence granted under this section.

(2) An application for a renter’s licence shall be made to the Board on the form provided and shall be accompanied by the prescribed fee.

(3) The Board may grant such renters’ licences and impose such conditions upon such licences as it considers are necessary to meet the local conditions.

(4) Subject to any conditions imposed by the Board for a shorter term, every renter’s licence unless sooner revoked, or surrendered shall remain in force for one year from the date of its issue, and may upon payment of the appropriate fee be renewed at the discretion of the Board.

(5) It shall be a condition of every renter’s licence that the licensed renter shall not make available for rent any film that has not been approved by the Censor and shall comply with all conditions imposed by the Censor in respect of every film made available for rent.

(6) Any person who rents a film, or causes or permits or suffers to be rented any film in contravention of this section, or in contravention of any terms or conditions of a renter’s licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 2 penalty units and where applicable to loss of the renter’s licence for such period as the Court thinks fit, and to forfeiture of the films involved.

PART 5
CONDUCT OF FILM EXHIBITIONS AND PUBLIC ENTERTAINMENTS

15 Film exhibition restriction

(1) It shall be unlawful to exhibit, or cause or permit or suffer to be exhibited any film except as provided in this section.

(2) A film exhibition, not being a film exhibition for educational purposes only, may be given in villages or Alofi on any night of the week except Sunday.

(3) With the written consent of the Chief of Police a special film exhibition suitable for children may be given, either in Alofi or any village, on any night or afternoon to be stated in such consent.

(4) A film exhibition for educational purposes may be authorised by the Chief of Police in any village at any time during school hours; and at night in any village provided that in respect of any one village not more than one such film exhibition may be so given each week, and that no such film exhibition shall be given in any village on any night on which a film exhibition is being given in that village by a licensed exhibitor.

16 Children under 12 years

Except as provided by section 15(3), no child under 12 years of age shall be taken or admitted to any film exhibition held at night except on a Friday and Saturday night.

17 Disqualified exhibitor

Any licensed exhibitor who is disqualified from holding a licence under this Act shall be deemed to be disqualified from taking any active part in a film exhibition either as lecturer, raconteur, or in any capacity whatsoever.

18 [Repealed by 1992/169]

19 Late night entertainment prohibited

No film exhibition or public entertainment conducted in any hall, building or public place in Niue shall be continued after midnight without the prior written permission of the Board.

20 Excessive noise prohibited

It shall not be lawful for any person conducting or having the control of any film exhibition or public entertainment to permit such film exhibition or public entertainment to inconvenience any person not attending or to unnecessarily disturb the peace.

21 Public entertainment restriction

It shall not be lawful for any person to conduct or allow to be conducted without the written permission of the Board any film exhibition or public entertainment on Sunday.

22 No liquor near entertainment places

It shall not be lawful for any person to serve, consume, or be in possession of any intoxicating liquor in or in the vicinity of any building used for the film exhibition or public entertainment unless the said building is licensed and has been granted approval by the Liquor Board to sell liquor in conjunction with the said film exhibition or public entertainment.

23 Penalty

Any person acting in contravention of this Part commits an offence and is liable to a fine not exceeding 0.5 penalty units.

PART 6
PLACES OF ENTERTAINMENT

24 Licensed premises

(1) No premises shall be used for any film exhibition or public entertainment unless it is licensed under this section.

(2) The Board shall have authority to license premises for any film exhibition or public entertainment and before it issues a licence in respect of such building it shall have regard to the following –

(a) That the premises is provided with an adequate number of exits clearly indicated and so placed and maintained as to readily afford the patrons ample means of egress;

(b) That the doors of all exits are so constructed and maintained as to easily open outwards on being pressed from within;

(d) That fire appliances suitable to the character of the building are provided and maintained in good working order to the satisfaction of the Chief of Police;

(e) That the electrical work, apparatus and appliances are installed and maintained in accordance with the standard prescribed by the Electric Power Supply Act and any regulations made under it;

(f) That adequate toilet facilities for the use of the patrons are supplied to the satisfaction of the Director of Health; and

(g) That the premises are properly ventilated, kept clean and maintained to the satisfaction of the Director of Health.

(3) (a) A licence granted under this section may be granted in respect of a particular date or dates, or for a period of time not exceeding one year, and may be granted in respect of public entertainment generally, or for one or more particular types of public entertainment.

(b) A licence shall also specify the particular premises at which the public entertainment shall occur, and may be granted subject to such terms and conditions as the Board may determine.

(4) The Board may delegate its functions under this section to one or more of its members, and may at any time revoke such delegation.

25 Attendance of responsible persons

(1) In order to ensure the safety of the patrons, the person conducting or having control of any film exhibition or public entertainment, or some responsible person nominated by him for the purpose, shall be present on the premises during the whole time of any film exhibition or public entertainment.

(2) All persons responsible for or employed in or in connection with any film exhibition or public entertainment shall take due precautions for the prevention of accidents.

PART 7
GENERAL PROVISIONS

26 Supervision and control by police

(1) All film exhibitions or public entertainment shall be subject to the supervision and control by the Chief of Police.

(2) A constable at all reasonable times may enter any building in which he has reason to believe that a film exhibition or public entertainment is being or is about to be given with a view to seeing whether the provisions of this Act and the conditions of any permission granted under this or any other Act have been or are being complied with.

27 Hindering or obstructing officers

Every person commits an offence who prevents the Chief of Police or any constable from carrying out this Act or who obstructs or hinders the Chief of Police or any constable in the exercise of any power or function conferred on him by or under this Act.

28 Offences

Any person who conducts or in any way assists in conducting any film exhibition or public entertainment in contravention of this Act or of any conditions or restriction specified in any licence or any permission granted under this Act shall be guilty of an offence.

29 General penalty

(1) Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this section shall be liable on conviction to a fine not exceeding 2 penalty units.

(2) Where any person who is the holder of a licence under section 24 has breached any provision of Parts 5, 6 or 7 or a term or condition of any licence issued under section 24, the Court may, in addition to any other penalty prescribed by law, and after taking into account the views of the Board, and of the licensee, either –

(a) Suspend such licence for such period (not exceeding one month) as the Court thinks fit, or

(b) For a second or subsequent offence, and if it is necessary in the public interest, revoke such licence.

30 Proceedings before High Court

All proceedings under this Act for the recovery of any penalty shall be taken before the Court.

31 Fees and penalties

All fees paid and penalties recovered under this Act shall be paid into the Treasury, and shall form part of the general revenue of the Government.

32 Regulations

The Cabinet may, after consultation with the Board, make regulations for all or any of the following purposes –

(a) Prescribing any fees payable under this Act;

(b) Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

33 [Spent]

_________________________________

SCHEDULES

SCHEDULE 1
Section 4(3)

APPLICATION FOR A LICENCE TO EXHIBIT FILMS

To the Secretary, Film and Public Entertainment Control Board,

Application is hereby made for a licence to exhibit films in accordance with the following particulars –

1. Name of applicant: ..............................................................................................

2. Occupation: .........................................................................................................

3. Address: ...............................................................................................................

4. Location of premises where licence is sought: ....................................................

5. Full description of premises (e.g. hall, building or not): ............................

..........................................................................................................................................

6. Size and nature of premises (state whether licensed or not): ..............................

7. Proposed days and hours of operation: ...............................................................

..........................................................................................................................................

8. Proposed charges:

SIGNED by or on behalf of the Applicant:

Signature: ....................................................
Date: .............................................................

FOR OFFICE USE ONLY

Application No: ........................................... Date received ............................................

Applications:..............................................................................GRANTED/REFUSED

Date this application presented to Board: ........................................................................

This application

GRANTED/REFUSED

Terms on which licence granted: .....................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................

Fee payable:

–––––––––––––––

SCHEDULE 2
Section 4(5)
EXHIBITOR’S LICENCE

........................................................................................................ having paid the prescribed fee of $20, is hereby licensed to give film exhibitions in Niue, subject to the following conditions –

..........................................................................................................................................

Secretary ...................................................... Chairman ..................................................

This licence expires on 31 December 20

;but it may be revoked by the Board

at any time if, in its opinion, the licensee has acted in a manner unfitting him to hold a licence or the licensee contravenes of the conditions laid down in this licence.

–––––––––––––––

SCHEDULE 3
Section 14(1)(a)
APPROVAL CERTIFICATE OF CENSOR

Niue, .................................. 20 ...........

SUBJECT to the undermentioned conditions, the film

.................................................................................................................... submitted by

...................................................................... is hereby approved for exhibition in Niue.

Conditions

..........................................................................................................................................

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