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Educational Films (Exemption from Duty) Act

LAWS OF TONGA

[1988 Ed.]

CHAPTER 87

EDUCATIONAL FILMS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Exemption of educational cinematographical films from customs duty.

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Acts Nos. 15 of 1936, 3 of 1937 and 9 of 1939

AN ACT FOR FACILITATING THE INTERNATIONAL CIRCULATION OF FILMS OF AN EDUCATIONAL CHARACTER

[14th July, 1936.]

Short title.

1. This Act may be cited as The Educational Films (Exemption from Duty) Act.

Interpretation.

2. (1) In this Act-

"the Commonwealth" means the United Kingdom of Great Britain and Northern Ireland, the Dominions, India, Burma, the territories administered by Her Britannic Majesty's Governments in the Dominions under Mandate or otherwise, the British Colonies, the British Protectorates and Protected States, and all other countries or territories which are members of the Commonwealth of Nations;

(Amended by Act 9 of 1939.)

"educational film" means

(a) films designed to supply information with regard to the work and aims of the League of Nations and other international organizations which are generally recognized by the High Contracting parties to the International Convention of 1933 for Facilitating the International Circulation of Films of an Educational Character;

(b) films for use in education of all grades;

(c) films intended for vocational training and guidance, including technical films relating to industry and films relating to scientific management;

(d) films dealing with scientific or technical research or designed to spread scientific knowledge;

(e) films dealing with health questions, physical training, social welfare or relief;

(f) films designed to promote and increase throughout the Commonwealth knowledge and understanding of the several countries and peoples;

"cinematograph film" means a developed negative or positive cinematograph film and includes both a gramophone record or other form of sound reproduction complementary to such a film and a developed negative or positive sound track.

(2) For the purposes of this Act a person carrying on business shall be deemed to be established in the country in which his principal place of business is situated and any other person shall be deemed to be established in the country in which he is resident.

Exemption of educational cinematograph films from customs duty

3. (1) Notwithstanding anything contained in the Customs and Excise Act, no customs duty shall be charged on the importation into the Kingdom of any cinematograph film which is certified by the Board of Education under this Act.

(2) A cinematograph film produced by a person established in a foreign country shall be certified by the Board of Education under this Act if the Board is satisfied that the film is entitled to exemption from customs duty under the Convention for facilitating the international circulation of films of an educational character which was signed on behalf of His Britannic Majesty at Geneva on the eleventh day of October, 1933.

(3) A cinematograph film produced by a person established in any country in the Commonwealth shall be certified by the Board of Education under this Act if they are satisfied that the film is of an educational character, and has been certified to be of such a character by the Government of that country or by a person recognized for the purpose by that Government. (Amended by Act 3 of 1937.)

(4) A cinematograph film produced by a person established in Tonga shall be certified by the Board of Education under this Act if the Board are satisfied that the film is of an educational character.

(5) Where on the importation of any cinematograph film the Controller of Customs is satisfied that an application has been or will be made to the Board of Education for a certificate under this Act and-

(a) in the case of a film produced by a person established in a foreign country, that it has been certified as being of an international educational character under Article IV of the said Convention, and

(b) in the case of a film produced by a person established in a country in the Commonwealth, that it has been certified in accordance with the provisions of paragraph (a) of subsection (3) of this section,

the Controller of Customs shall, subject to such conditions as he thinks fit to impose for the protection of the revenue, allow the film to be imported without payment of duty.

(6) The expenses of the Board of Education under this Act shall be defrayed out of public funds, but there shall be charged on applications for certificates under this Act such fees as the Board, with the approval of the Privy Council may fix, and those fees shall be paid into general revenue.

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