Cinemas and Films Ordinance

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1. Short title
2. Interpretation
3. Cinema licences
4. Prohibition of film exhibition without exhibitor's permit
5. Appointment of censor examiners
6. Censorship of films
7. Powers of Minister
8. Powers of entry
9. Exhibition of posters
10. Appeal to Minister
11. Regulations

An Ordinance to regulate the exhibition of films and the licensing of cinemas

"cinema" means any building of whatever nature which is, or is intended to be, used wholly or mainly for the purpose of exhibiting films to the public either free or on payment;

"Cinema Licensing Authority" means such person or group of persons as the Minister may from time to time appoint for the purpose of this Ordinance, whether by name or office, and may include a local government council or employee of such council and the area of authority of each such Authority shall be such as the Minister may in each case designate;

"film" means any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture;

"premises" includes any building, enclosure or ground or the open air, but does not include a ship or vessel.

3. (1) No film shall be exhibited to the public in a cinema unless there is in force in respect of the cinema a licence (hereinafter called "a cinema licence") issued by the Cinema Licensing Authority in accordance with the provisions of this section.

(2) An application for a cinema licence shall be made in writing to the Cinema Licensing Authority for the area in which the cinema is situated.

(3) A Cinema Licensing Authority shall not grant a cinema licence unless the Chief of Police shall first have certified that, having regard to possible fire hazards, the building is suitable for exhibiting films or can be made suitable if certain works are carried out. If the Chief of Police certifies that a cinema is not suitable for the showing of films unless certain works are carried out, the carrying out of those works shall be made a condition of any licence which the Authority may issue.

(4) The Cinema Licensing Authority may refuse to grant a cinema licence or, subject to subsection (3) and to any byelaws made under the Local Government Ordinance or regulations made hereunder, may grant it subject to such terms and conditions and for such period not exceeding 12 months as it thinks fit.

(5) A cinema licence may be revoked or suspended by the Cinema Licensing Authority at any time if, in the opinion of the Authority, the safety, health and convenience of persons attending any exhibition of a film is not adequately provided for.

(6) Any person who exhibits, or causes, suffers, or permits to be exhibited a film in contravention of the provisions of subsection (1) or of any term or condition subject to which a cinema licence is granted shall be liable to a fine of $200 and to imprisonment for 6 months.

4. (1) No person shall exhibit, or cause, permit, or suffer to be exhibited any film to the public for payment in any premises unless he first shall have been granted by the Cinema Licensing Authority a permit (hereinafter called an "exhibitor's permit") valid in respect of the exhibition of that film in those premises.

(2) A person wishing to apply for an exhibitor's permit shall apply in writing to the Cinema Licensing Authority for the area in which he wishes to exhibit any film.

(3) The Cinema Licensing Authority may refuse to grant an exhibitor's permit or may grant it in respect of such premises as may be specified in the permit, with or without conditions, either for such period not exceeding 12 months as the Authority may think fit or in respect of a specified exhibition or exhibitions.

(4) The Cinema Licensing Authority may direct that no fee for exhibitor's permit shall be chargeable in respect of any exhibition of a film if it is satisfied that such exhibition is to be given for a charitable, educational or public purpose.

(5) It shall be a condition of any exhibitor's permit granted by a Cinema Licensing Authority that the person who operates the cinematographic equipment in the exhibition of any film should have sufficient knowledge of such equipment and of electrical safety requirements to be able to exhibit such film without danger to the public.

(6) Any person who contravenes the provisions of subsection (1) or any condition subject to which an exhibitor's permit is granted shall be liable to a fine of $200 and to imprisonment for 6 months.

5. (1) The Minister may appoint such number of film censor examiners (hereinafter called "examiners") as he may deem expedient.

(2) The examiners shall carry out the duties assigned to them in accordance with such general directions as may from time to time be given to them by the Minister.

6. (1) No film shall be exhibited unless there shall have been granted by an examiner in respect of that film a certificate of censorship (hereinafter called a "certificate") in the manner hereinafter provided and such certificate is in force.

(2) Any person who (i) wishes to distribute a film for the purpose of exhibition; or (ii) wishes to exhibit a film for which no certificate is in force shall apply in writing to an examiner for a certificate in respect of such film. Every application shall be accompanied by such particulars and description as may from time to time be determined by the Minister and such fee as he may from time to time prescribe by notice.

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

(4) An examiner may in his absolute discretion refuse to grant a certificate for any film or may grant the same subject to such conditions, including a condition that a film shall not be exhibited otherwise than in a cinema or that a film shall not be exhibited to any person under a specified age, as he may deem fit.

(5) Where an examiner is unable to come to any decision with regard to an application for a certificate in respect of any film he shall report the fact to the Minister who shall either-

(a) decide himself to grant or refuse a certificate in which case his decision shall be final; or

(b) require the application to be reconsidered by such other examiner or examiners as he may decide, including, if he considers fit, himself.

(6) The provisions of this section shall not apply to an exhibition of a film in a private dwelling-house to which the public are not admitted.

(7) Any person who exhibits or who causes, permits, or suffers to be exhibited any film in contravention of subsection (1) or otherwise than in accordance with the conditions specified in the certificate relating to the film shall be liable to a fine of $100 and to imprisonment for 3 months.

7. (1) The Minister may at any time cancel a licence, permit or certificate without assigning any reason therefor.

(2) The Minister may by order fix the maximum charge to be made for the admission of persons to any exhibition of a film.

8. (1) Any police officer, examiner, officer of a local government council, or other officer appointed for the purpose by the Minister, may at all reasonable times enter upon any premises in which he has reason to believe that any film is being or is about to be exhibited with a view to ascertaining whether the provisions of this Ordinance or of any regulations made or the conditions of any licence, permit or certificate granted hereunder have been complied with.

(2) In the event of the officer or examiner being satisfied that a film is being exhibited in contravention of the provisions of this Ordinance or of any regulations made or any licence, permit or certificate granted hereunder he may order that such exhibition shall stop.

(3) Any person preventing or obstructing the entry of any such officer or examiner or any person refusing or failing to comply with an order to stop any exhibition shall be liable to a fine of $100 or to imprisonment for 3 months.

9. (l) Where an examiner has imposed a condition in a certificate that a film shall not be exhibited to persons under a specified age, any person proposing to exhibit such film shall indicate that condition on any poster he displays advertising the film.

(2) Any person who contravenes the provisions of subsection (1) shall be liable to a fine of $100 and to imprisonment for 3 months.

10. An appeal shall lie to the Minister in respect of any act or decision of a Cinema Licensing Authority or examiner done or made under the provisions of this Ordinance and the Minister may confirm, disallow or vary any act or decision of the Authority or examiner or may direct the Authority or examiner to act in such a manner as the Minister shall deem fit; and such decision shall be final.

(a) prescribing the fees to be paid for any licence, permit or certificate under this Ordinance, the forms thereof and the time and method of application therefor;

(b) prescribing the conditions to be observed during the exhibition of films to the public in cinemas and other premises;

(c) prescribing penalties for the breach of any regulations made hereunder not exceeding a fine of $100 or imprisonment for 3 months or both such fine and imprisonment;

(d) generally for the carrying into effect of the provisions of this Ordinance.

The person for the time being holding the office of Secretary to Government is appointed the Cinema Licensing Authority for the whole of Tuvalu.

The person for the time being holding the office of Secretary to Government is appointed a film censor examiner.

(b) A cinema licence shall not be required for the showing of films in any other building if films are, or are intended to be, shown not more than 6 times in 1 calendar year.

(c) Save as aforesaid, a cinema licence shall be required for the showing of films to the public in any building in terms of sections 2 and 3 of the Ordinance.

3. It shall be the responsibility of every person showing a film in a building for which a cinema licence is required to satisfy himself that there is a licence in force in respect of such a building and if necessary to obtain such a licence and that any conditions attached to the licence are complied with.

(a) the maximum number of persons that may be admitted to the building in question for the showing of a film;

(b) the number of attendants that shall be on duty for the showing of any film;

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

(b) the doors of all exits are so constructed and maintained as to open outwards;

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

(d) fire appliances are provided suitable to the character of the building and adequate to deal with an outbreak of fire and maintained in good working order;

(e) the building is sufficiently and permanently ventilated to allow a constant circulation of fresh air:

Provided that the Minister may waive any or all of these conditions for a specified time from the date of granting a cinema licence so as to allow the licensee to comply with them.

17. The form of order to be made by the Minister when exercising his powers under section 7 (2) of the Ordinance shall be as set out in Schedule 4.

18. Any person who exhibits a film in breach of these Regulations or does any act in contravention of the provisions of these Regulations shall be guilty of an offence and liable to a fine of $100 or imprisonment for 3 months or both such fine and such imprisonment.

	Fee $
(a) Cinema Licence:
3 months	40.00
6 months	70.00
12 months	120.00
(b) Transfer to new building	12.00
(c) Transfer to new holder	10.00

	Fee $
(a) Exhibitor's permit for an unlimited number and type of films, in any premises:
3 months ......................................................	25.00
6 months ......................................................	40.00
12 months ....................................................	80.00
(b) Exhibitor's permit for educational or religious films only, in any premises:
12 months .....................................................	Free
(c) Exhibitor's permit for a single film in named premises ......	5.00
(d) Transfer to new holder ...........................................	4.00
(e) Extension to other films and premises ..........................	Difference in fee

IN exercise of the powers conferred on me by section 7 (2) of the Cinema and Films Ordinance, I hereby order that the maximum charge which may be made for the admission of persons to the showing of .......................................................................... (name of film; or type of film) at .................................. (place to be shown; or type of place) on ............................................. (date or dates relevant) shall be as follows:

The maximum charge which may be made for admission to the showing of any film in Tuvalu at any time shall be 60 cents for an adult and 40 cents for a child under 16.

$	c
-	-	for an adult
-	-	for a child (under 16 years)
-	-	for (any other categories)

	Fee $
(a) On grant of a certificate ....................	3.00

Tuvalu Consolidated Legislation

Cinemas and Films Ordinance