Cinematograph Act

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1. SHORT TITLE
2. INTERPRETATION
3. BOARD OF CENSORS
4. THEATRE LICENCES
5. SUPERVISION TO ENSURE SAFETY
6. PROHIBITION OF CINEMATOGRAPH EXHIBITION WITHOUT FILM PERMIT
7. APPLICATION FOR FILM PERMIT
8. CENSORSHIP OF FILMS
9. FREE PERMITS
10. CANCELLATION OF FILM PERMIT BY MINISTER
11. POWER OF ENTRY
12. EXHIBITION OF POSTERS
13. APPEAL TO MINISTER
14. RULES

AN ACT TO REGULATE THE EXHIBITING OF CINEMATOGRAPH PICTURES AND THE LICENSING OF CINEMATOGRAPH THEATRES

"cinematograph exhibition" means an exhibition, whether with or without sound effects, made by means of a projector or a cinematographic or other similar apparatus including television apparatus and whether or not the image or images projected thereby appear in a stationary form or give the illusion of movement;

"cinematograph theatre" means any building, tent or other erection of whatever nature (other than a private home) or any place or land in or on which a cinematograph exhibition is presented for the purpose of entertainment of members of a club, society, association, or educational institution or to the public either gratuitously or for reward;

"Licensing Authority" means the Provincial Secretary of the Province in which the cinematograph theatre is situated;

"poster" means any picture, drawing, painting, photograph, figure or other device advertising any cinematograph exhibition.

3.-(1) There shall be established a Board to be known as the Board of Censors, which shall consist of a Chief Censor and not more than twenty other members appointed by the Minister.

(2) The members of the Board appointed under subsection (1) shall include a nominee of the Ministry responsible for Education and Training, a nominee of the Solomon Islands Christian Association, a nominee of the Comptroller of Customs and Excise and a nominee of the Commissioner of Police.

(3) The Chief Censor and other members of the Board shall be appointed for a period of two years.

(4) At all meetings of the Board the Chief Censor or in his absence such member as the other members present may select, shall preside and act as the Chairman of the Board.

(6) Every document issued by the Board shall be signed by the Chairman or the Secretary.

(7) The Minister may give the Board direction as to the policy to be adopted in the exercise of the powers conferred and the duties imposed on the Board under this Act and the Board shall comply with such directions.

4.- (1) No person shall use, or cause, permit or suffer to be used any place as a cinematograph theatre unless he shall first have obtained from the Licensing Authority a licence (hereinafter referred to as "a theatre licence") in respect of such place:

Provided however that nothing in this section shall apply to the use of any land or place open on all sides as a cinematograph theatre by -

(a) any officer in the public service in the performance of his official duties; or

(b) any person acting with the authority, express or implied, of any missionary organisation in carrying out the lawful activities of such organisation.

(2) The Licensing Authority may refuse to grant a theatre licence or may grant it subject to such terms and conditions as the Licensing Authority may think desirable in the manner hereinafter set out.

(3) The Licensing Authority may grant a theatre licence either generally or in respect of any specified cinematograph exhibition or exhibitions or for such period not exceeding twelve months as the Licensing Authority may think fit.

(4) A theatre licence may be revoked or suspended by the Licensing Authority at any time if, in the opinion of the Licensing Authority, the safety, health or convenience of persons attending any cinematograph exhibition is not adequately provided for.

(5) The Licensing Authority may direct that no theatre licence fee shall be chargeable in respect of any cinematograph exhibition if he is satisfied that such exhibition is to be given for any charitable, educational or public purpose.

(6) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine of one hundred dollars or to imprisonment for six months or to both such fine and imprisonment.

5.- (1) The Licensing Authority may grant a theatre licence upon condition that the theatre shall not be used for the purposes specified in the licence except under the superintendence of some officer or person designated in the licence, and, in such case, it shall be lawful, at any time, for the officer or person so designated to order a cinematograph exhibition to cease or to give any other direction which he may think necessary for ensuring the safety of the theatre and the audience.

(2) The owner, licensee or manager of a cinematograph theatre or other person responsible for the exhibition of any film who fails to comply with any order given as aforesaid shall be guilty of an offence and shall be liable on conviction to a fine of one hundred dollars or to imprisonment for six months or to both such fine and imprisonment.

Prohibition of cinematograph exhibition without film permit
6 of 1958, s. 4
10 of 1982, s. 5

6.- (1) No person shall present, or cause, permit or suffer to be presented any cinematograph exhibition in a cinematograph theatre unless a permit (hereinafter referred to as "a film permit") shall have been granted by the Board in the manner hereinafter provided in respect of every film so exhibited and in respect of any new part that may be added thereto.

(2) Film permits shall be in such form as the Board may from time to time determine.

(3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of one hundred dollars or to imprisonment for six months or to both such fine and imprisonment.

(4) Any film in respect of which the Board has refused to grant a film permit shall be exported immediately from Solomon Islands and any such film which remains in Solomon Islands beyond a period that is reasonable to allow for arrangements for its exportation to be made shall be liable to seizure by the Board.

(5) A film seized under subsection (4) shall be taken before a Magistrate's Court as soon as may be practicable and the court may order the destruction of the film or make such other order as it thinks fit.

(6) Any person who exhibits or attempts to exhibit by any means in whatever place in Solomon Islands any film in respect of which a film permit has been refused by the Board, shall commit an offence and shall on conviction be liable to a fine of two hundred dollars or to imprisonment for one year or to both the fine and imprisonment.

7. An application for a film permit shall be made in writing to the Chief Censor. Such application shall be accompanied by a statement of the theatre where and the time when the film is intended to be exhibited and such particulars and description as may from time to time be prescribed by the Board.

8.- (1) No film permit shall be issued in respect of any film unless the film or a description thereof supplied in accordance with the provisions of section 7 has first been examined by the Board:

Provided that if the Chief Censor is satisfied that the film is to be exhibited by or with the approval of a Government Department, a film permit may be issued without any examination by the Board.

(2) The consideration of any application for a film permit shall be carried out by such number of examiners, not being less than three, as the Chief Censor may decide and such examiners shall be deemed to be a quorum of the Board and shall have all the powers of the Board.

(3) For the purpose of considering any application for a film permit, the Board may require the applicant to submit to it the film to which the application relates or to project it on to a screen at some convenient place for inspection by the Board.

(4) The Board may in its absolute discretion refuse to grant any film permit or may grant the same subject to any terms and conditions to be specified in the permit as the Board may deem fit.

(5) Where the examiners appointed to consider any application for a film permit are unable to come to any decision with regard to such application they shall report the fact to the Chief Censor who shall either -

(a) decide himself to grant or refuse a film permit in which case his decision shall be deemed to be that of the Board; or

(b) require the application to be reconsidered by such number of examiners as he may decide, including, if he considers fit, himself and some or all of the examiners who previously examined the film.

(6) A film permit shall be issued on behalf of the Board by a revenue officer on receipt by him of the prescribed fee and of a certificate authorising him to issue such permit signed by the Chief Censor.

(7) Any person who presents, or causes or permits to be presented any cinematograph exhibition in a cinematograph theatre otherwise than in accordance with the terms and conditions specified in a film permit granted by the Board under subsection (4) in relation to a film so exhibited, shall be guilty of an offence and shall be liable on conviction to a fine of two hundred dollars or to imprisonment for one year or to both the fine and imprisonment.

9. The Board may direct that a film permit shall be issued free in cases where the cinematograph exhibition is to be given for any charitable, educational or public purposes.

10. The Minister may at any time cancel a film permit without assigning any reason.

11.- (1) Any administrative officer, police officer, member of the Board of Censors or other officer appointed for the purpose by the Minister, may at all reasonable times enter upon any premises or place in which he has reason to believe that any film is being or is about to be exhibited with a view to seeing whether the provisions of this Act or any rules made thereunder and the conditions of any licences or permits granted under this Act have been complied with.

(2) In the event of such officer or member being satisfied that a cinematograph exhibition is being given contrary to the provisions of this Act or of any rules or permits issued thereunder he may order that such exhibition shall stop.

(3) Any person preventing or obstructing the entry of any such officer or member mentioned in subsection (1) or any person refusing or failing to comply with an order to stop the exhibition shall be guilty of an offence and shall be liable on conviction to a fine of one hundred dollars or to imprisonment for six months or to both such fine and imprisonment.

12. Any person who publicly exhibits any poster or advertisement containing any illustration or scenic description of any cinematograph exhibition before such poster or advertisement has been inspected and approved by the Board shall be guilty of an offence and shall be liable on conviction to a fine of one hundred dollars or to imprisonment for six months or to both such fine and imprisonment.

13. An appeal shall lie to the Minister in respect of any act or decision of the Licensing Authority, the Board or the Chief Censor done or made or omitted to be done or made under the provisions of this Act, and the Minister may confirm, disallow or vary any act or decision of the Licensing Authority, the Board or the Chief Censor, or may direct the Licensing Authority, the Board or the Chief Censor to act in such manner as the Minister shall deem fit. The decision of the Minister shall be final.

(b) prescribing fees to be paid for the attendance of any officer at the exhibition of a film;

(c) prescribing conditions to be observed in reference to the erection, alteration and equipment of any cinematograph theatre;

(d) prescribing conditions to be observed in reference to the safety from fire of any cinematograph theatre or for the safety and control of persons attending such theatre;

(e) regulating the constitution, duties, proceedings and conduct of the meetings of the Board of Censors and the manner in which the censorship of films and posters shall be conducted;

(f) prescribing penalties for the breach of any rules made hereunder not exceeding a fine of one hundred dollars or imprisonment for six months or both such fine and imprisonment;

"cinematograph exhibition" means a cinematograph exhibition as defined by section 2 of the Act, where such exhibition is presented to the public either gratuitously or for reward;

"building" includes any booth, tent or similar structure whether permanent or temporary;

"licensee" means the holder of a theatre licence issued in accordance with the provisions of section 4 of the Act;

"operator" means any person operating or licensed to operate a cinematograph projector;

"projection room" means such part of the building where the cinematograph projector is operated.

3. No building shall be used for the presentation of any cinematograph exhibition except in accordance with the following Rules.

4. This Part shall apply only to buildings the principal use of which is the presenting of cinematograph exhibitions or where cinematograph exhibitions are presented regularly.

5.- (1) No building shall be used for the presentation of any cinematograph exhibition unless -

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

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

(c) the seating in the building is so arranged as not to interfere with free access to the exits.

(2) All gangways and staircases and all passages leading to the exits shall, during the presence of the public in the building, be kept clear of obstructions.

(3) No person shall be allowed to stand or sit, during the presentation of any cinematograph exhibition, in any of the gangways intersecting the rows of seats, or in the space between the front row of seats and the screen.

6.-(1) In order to secure the safety of the audience the licensee or some responsible person nominated by him in writing for the purpose shall be present in the building during the whole time of any cinematograph exhibition and he shall be assisted by a sufficient staff of attendants who shall, at all times when on duty in the auditorium, each carry an electric torch or flashlight, maintained in good working order, and who shall be specially instructed by the licensee or such responsible person as to their respective duties, in particular in relation to the carrying out of the requirements of these Rules.

(2) Where the majority of the persons attending any cinematograph exhibition are under fourteen years of age, the number of attendants required in accordance with the foregoing paragraph (1) shall be such as to enable them effectively to control the movements of the children whilst entering and leaving the premises and during the exhibition and to ensure the orderly and safe clearance of the hall in case of emergency.

(3) All attendants shall remain on duty during the whole time that the premises are open to the public.

(4) All persons responsible for, or employed in, or in connection with, the cinematograph exhibition shall take all due precautions for the prevention of accidents and shall abstain from any act whatever which tends to cause fire and is not reasonably necessary for the purpose of the exhibition.

(5) The licensee, or the person nominated by him in writing as aforesaid, shall ensure that the operators and every other person who may be called upon to handle inflammable film within the building for any purpose are fully instructed as to the dangers arising from the use of inflammable film, the precautions to be observed to prevent risk of ignition, and the steps to be taken in the event of any film smouldering or catching fire.

7.- (1) Fire appliances suitable to the character of the building and adequate to deal with an outbreak of fire shall be provided and maintained in good working order. During the exhibition such appliances shall be in the charge of some person specially nominated for that purpose who shall ensure that they are kept constantly available for use.

(2) Without prejudice to the generality of the foregoing, there shall be provided, at all such times as members of the public are present in the building, and maintained in good working order one three-gallon bucket pump in the auditorium and one three-gallon bucket pump behind the screen, together with an adequate supply of water in buckets.

(3) There shall always be maintained within the projection room readily available for use sufficient means of dealing with fire and these shall include the following, namely -

one thick asbestos blanket, and one C.T.C. or Pyrene type fire extinguisher readily available for use on the electric switchboard.

(4) In all cases where a petrol generator is used, one foam type extinguisher of a capacity of two gallons shall be provided and maintained in good working order near to such generator.

(5) Before the commencement of any exhibition, the operator shall satisfy himself that the fire appliances within the projection room are ready for use.

8. No smoking shall at any time be permitted within the projection room, nor in the rewinding room, nor in any part of the premises in which the films are stored, wound, or repaired. Notices stating that smoking is prohibited shall be kept prominently posted in the projection room and rewinding room and any such part of the premises as aforesaid.

9. No inflammable article shall unnecessarily be taken into, or allowed to remain in, the projection room, rewinding room, or any part of the premises in which films are stored, wound or repaired.

10.- (1) Subject to the proviso contained in paragraph (1) (g) of rule 11, no person shall operate any projector or equipment in any building during any exhibition to which members of the public are admitted unless -

(b) he has passed such examination as may be required by the Commissioner of Police in the use of the particular type of projector employed in the building; and

(2) Licences to operate a projector shall be issued by the Commissioner of Police and shall be valid for one year only and any operator may be subjected at any time to such further examination as the Commissioner of Police may deem expedient.

11.-(1) (a) The projector shall be placed in a projection room of substantial construction made of, or lined internally with, fire-resisting material and, of such dimensions to allow the operator to work freely.

(b) All fittings and fixtures within the projection room, other than the frames of outside windows, shall be constructed of, or covered with, fire-resisting material.

Any entrance to the projection room shall be suitably placed and fitted with a self-closing close-fitting door which shall be kept closed during the exhibition.

(c) The openings through which the necessary pipes and cables pass into the projection room shall be efficiently sealed or bushed, as the case may be.

(d) The opening in the front face of the projection room shall be covered with glass and shall not be larger than is necessary for effective projection and observation.

The openings shall not exceed two for each projector, and each such opening shall be fitted with a screen of fire-resisting material, which can be released from the inside of the projection room so that it automatically closes with a close-fitting joint. The screens shall be so constructed and arranged that they can all be released simultaneously from the operating position near any of the projectors.

(e) Any door of the projection room and all openings, bushes, and joints shall be so constructed and maintained as to prevent, so far as possible, the escape in the event of fire of any smoke into the auditorium or into any part of the building to which the public are admitted.

(f) The projection room shall be provided with adequate means of ventilation, including sufficient inlets and outlets so as to ensure a constant supply of fresh air. The inlets and outlets shall communicate directly with the outside of the building and shall be so arranged as not to expose the operator to a direct draught.

(g) The projection room shall be in charge of a competent operator, licensed and qualified in accordance with the provisions of rule 10, who shall be present in the projection room during the whole time that the apparatus is in use:

Provided that nothing in this paragraph contained shall be deemed to prevent the operator from leaving the projection room for the shortest necessary time in case of urgent need if an assistant, over eighteen years of age and possessing a competent knowledge of the working of the projector, is left in charge and the operator remains within immediate call.

(i) All doors of the projection room shall be so constructed as to open outwards from the projection room.

(2) The projection room shall be outside the auditorium and shall be of permanent construction. It shall comply with the following requirements -

(c) alternative means of egress shall be provided unless the Licensing Authority is satisfied that compliance with this requirement is impracticable.

12.- (1) The projector shall be placed on firm supports of fire-resisting material.

(2) Every lantern shall be fitted with a metal shutter which can readily be inserted by hand between the source of light and the film-gate, and every projector shall be fitted with a metal shutter so arranged as automatically to cut off the film-gate from the source of light when the projector stops:

Provided that the provisions of this paragraph shall not apply when non-inflammable film is used in conjunction with an incandescent lantern.

(3) The construction of the film-gate shall be substantial and such as to afford ample heat-radiating surface. The passage for the film shall be sufficiently narrow to prevent flames travelling upwards or downwards from the light-opening:

Provided that the provisions of this paragraph shall not apply when non-inflammable film is used in conjunction with an incandescent lantern.

13. Where inflammable film is used in conjunction with an electric arc lantern -

(a) the projector shall be fitted with two metal boxes of substantial construction to and from which the film shall be made to travel unless both the film spools are contained in a metal chamber of substantial construction below the projector;

(b) neither of these two metal boxes shall contain more than 2,000 feet of film at any time;

(c) the metal boxes or chamber shall be made to close in such a manner and shall be fitted with an efficient film fire trap so constructed as to prevent the passage of flame to the interior of the box or chamber, and they shall remain closed during the whole time that projection is taking place.

14. When inflammable film is used in conjunction with an electric arc lantern, take-up spools shall be mechanically driven and the film shall not at any time reach or project beyond the edges of the flanges of the spool.

15.- (1) When inflammable film is used in conjunction with an electric arc lantern all films when not in use during the exhibition shall be kept in self-closing metal boxes of substantial construction. In the projection room not more than six spools of such film shall be kept in any one box at the same time.

(2) Not more than 12 spools or 20,000 feet altogether of any film shall be kept in the projection room or in the rewinding room at one time.

16.- (1) A separate room shall be provided for the rewinding and repairing of films, which shall be constructed throughout of, or lined internally with, fire-resisting material.

(2) All fittings and fixtures within the rewinding room shall be constructed of, or covered with, fire-resisting material, and the entrance shall be provided with a self-closing close-fitting door of fire-resisting material which shall not communicate directly with the auditorium or any part of the building to which the public are admitted. If there is any communicating doorway or other opening between the projection room and the rewinding room it shall also be provided with a self-closing door or self-closing shutter of fire-resisting material.

(3) The rewinding room shall be provided with adequate means of ventilation, including sufficient inlets and outlets to ensure a constant supply of fresh air. The inlets and outlets shall communicate directly with the outside of the building.

(4) Alternative means of egress shall be provided other than through the projection room.

(5) None of the requirements in this Rule contained shall apply where non-inflammable film is used in conjunction with an electric arc or incandescent lantern and any separate room is set aside and used as a rewinding room.

17.- (1) Where the general lighting of the premises can be controlled from within the projection room, there shall also be separate and independent means of control outside of and away from the projection room.

(2) All stairways and passage ways providing access to exits shall be adequately illuminated during the whole time any member of the public is in the building.

(3) Exits shall be indicated by an electrically illuminated sign showing red to the front and white to the floor and bearing the word "EXIT" in letters not less than five inches in height.

(4) The lighting for the purposes set out in paragraphs (2) and (3) shall be supplied from a circuit separate from that of the general lighting of the premises and shall not be controllable from the projection room.

18. The licensee shall ensure that a copy of these Rules is kept exhibited in the projection room and is easily accessible to the operators.

19. This Part shall apply to buildings used for purposes of cinematograph exhibitions being buildings to which the provisions of Part I do not apply.

20. No cinematograph exhibition shall be presented in any building to which the provisions of this Part apply except by means of a portable self-contained projector employing non-inflammable film and provided with incandescent light.

21.- (1) If the projector is erected in any part of the auditorium or in any place to which the public have access, effectual means shall be taken, whether by the erection of a suitable barrier or otherwise, to maintain around the projector a clear space of at least three feet, hereinafter referred to as "the reserved space".

(3) No inflammable article shall unnecessarily be taken into, or allowed to remain in, the reserved space.

22.- (1) No smoking shall at any time be permitted within the reserved space, nor in the rewinding room, nor in any part of the premises in which films are stored, wound, or repaired.

(2) Notices stating that smoking is prohibited shall be kept prominently posted in all parts of the premises as in paragraph (1).

23. The projector shall be placed on a firm support of fire-resisting material and shall be kept clear of the access to any exit.

24.- (1) Any electric wiring or terminals fitted within the casing shall be so placed that it shall be impossible for films in use in the projector to come into contact with them.

(2) Each electric circuit on the projector shall be fitted with a separate switch controlled from outside the casing, and so placed as to be within reach of the operator when standing at the projector.

(3) No illuminant other than electric light in hermetically sealed lamps shall be used within the projector and the illuminant shall be separately encased in such a way as to prevent contact with the film.

25.-(1) All electric conductors shall be of adequate size for the current they have to carry and shall be efficiently covered with insulating material and shall be either-

(a) placed out of reach of persons in the auditorium and where they are not liable to damage; or

(2) Resistances shall be made entirely of fire-resisting material, and shall be so constructed and maintained that no coil or other part at any time shall become unduly heated. If they are situated inside the auditorium, they shall be adequately protected by a wire guard or other efficient means of preventing accidental contact, and shall not be placed within reach of persons in the audience.

(3) The operator shall satisfy himself before the commencement of each performance that all cables, leads, connections, resistances and fuses are in proper working order. The resistances, if not under constant observation, shall be inspected at least once during each performance by the person operating the projector. If any fault is detected current shall be immediately switched off and shall remain switched off until the fault has been remedied.

(4) When the projector circuit is connected to the general lighting supply, it shall be connected only at a point where the wires of the general lighting supply are of ample size for the current they have to carry and the connection shall be by a properly constructed wall-type connector of hand-shield type.

It shall not be connected to any lighting fitting or by means of an "adaptor" to a lamp holder.

26. A licence for a cinematograph theatre shall be valid for one year, half-year, one quarter of a year, one month or one week in the discretion of the Licensing Authority. The application therefor shall be made in writing. The applicant shall furnish such other information or plans as the Licensing Authority may require before issuing the licence.

27. A Licensing Authority may endorse a cinematograph theatre licence authorising the use of the theatre for stage plays and public entertainments. No fee shall be payable on such endorsement.

28. In any case where the Licensing Authority considers it expedient to do so he may employ an expert architect or engineer suitably qualified to advise him before issuing a licence for a theatre. The expert's fee for advising and inspecting shall be payable by the applicant whether the licence is granted or not.

29. The fees prescribed in the Schedule hereto shall be chargeable on the issue of permits and licences.

30. Every cinematograph theatre licence shall be kept in the theatre during any exhibitions to which it relates and shall be produced when required by any police officer or person authorised by the Licensing Authority. Such licence shall be in such form as the Licensing Authority may from time to time determine.

31. The Licensing Authority may in his discretion permit the transfer of a theatre licence granted under rule 26. The fee for any such transfer shall be four dollars.

32. Any person who acts in contravention of or fails to comply with these Rules shall be guilty of an offence and shall be liable on conviction to a fine of one hundred dollars or to imprisonment for six months or to both such fine and imprisonment.

Provided that the Minister may in his discretion waive the payment of fees for film permits.

	$
(b) For a licence to use a theatre for the exhibition of cinematograph film -
For a period not exceeding one week ....................................	10.00
For a period not exceeding one month ...................................	40.00
For a period not exceeding three months ................................	100.00
For a period not exceeding six months ..................................	200.00
For a period not exceeding one year .....................................	400.00

	$
(a) For each exhibition of each film and each instalment of a serial film ...	60.00

Solomon Islands Consolidated Legislation

Cinematograph Act