Ley de Control Cinematográfico de 1978, Samoa

Film Control Act 1978

CONSOLIDATED ACTS OF SAMOA 2008

FILM CONTROL ACT 1978

Arrangement of Provisions

TITLE

PART I PRELIMINARY

1. Short title and commencement 2. Interpretation 3. Administration

PART II FILM CONTROL BOARD

4. Film Control Board 5. Functions of Board 6. Terms of office of appointed members 7. Extraordinary vacancies 8. Meetings of Board 9. Remuneration of Board members

PART III LICENSING OF EXHIBITORS

10. Exhibitor's licence 11. Suspension or revocation of exhibitor's licence 12. Exhibitor's licence may be dispensed within certain cases 13. Duties of licensee

PART IV CENSORSHIP

14. Appointment of Principal Censors 15. Films not to be exhibited unless approved by the Principal Censor 16. Application for approval of film 17. Principal Censor may require film to be exhibited for purpose of censorship 18. Powers of Principal Censor 19. Classification of films 20. Certificates of approval or refusal and register of films 21. Nature of Principal Censor's certificate to be displayed 22. Revocation of certificate of approval 23. Censorship of advertisement of films 24. Principal Censor may retain films and advertisements if approval refused 25. Appeal from decision of Principal Censor 26. Offences

PART V MISCELLANEOUS

27. Appointment of officers 28. Protection from prosecution 29. Powers of entry 30. Regulations 31. Repeal and transitional

_____________________________

THE FILM CONTROL ACT 1978

1978 No.26

AN ACT to establish a Film Control Board and to make better provision for the control of the exhibition of films, the censorship of films and matters incidental thereto.

(18 December 1978)

(Commencement date: 12th October 1979)

PART I PRELIMINARY

1. Short title and commencement - This Act may be cited as the Film Control Act 1978 , and shall come into force on a date to be appointed by the Head of State, acting on the advice of Cabinet by Order. 2. Interpretation - In this Act, unless the context otherwise requires:

"Advertisement" includes any picture, photograph, poster, figure display or other matter or thing, visual or oral, describing or announcing in any manner or form the exhibition or proposed exhibition of a film;

"Board" means the Film Control Board established under section 4 of this Act;

"Principal Censor" means the Principal Censor of films appointed under section 14 of this Act and includes an assistant Principal Censor;

"Exhibitor" in relation to any film, means any person who, presents a film by broadcast, cable or satellite television, or who exhibits a film to the public, or to any section of the public or, in other than a private residence, to any group or class of persons, whether or not a charge is made for admission to the premises in which the exhibition is held; and "exhibit" and "exhibition" have corresponding meanings;

"Film" means a cinema-to-graph film; includes a video-tape, 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 or trailer of any such film, and any copy or part of a copy of the whole or any part of a film;

"Lender" in relation to any film, means any person who sells any film or lends any film by way of hire or otherwise in the course of business; and "lend", "lent" and "lending" shall have corresponding meanings;

"Premises" means any building, enclosure, ground or open-air space;

"Prescribed" means prescribed by regulations made under this Act;

"Public exhibition" includes the activities of exhibitors in relation to films, and the lending of a film;

"Scenario" means a statement or summary of the plot and of the incident depicted in a film;

"Trailer" means a short film used or intended to be used for the purpose of advertising any other film.

3. Administration - The Minister for Justice shall be responsible for the due administration of this Act.

PART II FILM CONTROL BOARD

4. Film Control Board - (1) There shall be a Board to be called the Film Control Board which shall consist of:

(a) The Secretary for Justice (who shall be Chairman); (b) The Minister of Education, Sports and Culture;

(c) The Commissioner of Police Service;

(d) The Comptroller of Customs;

(e) The Secretary for Women Affairs;

(f) One person appointed by the Head of State, acting on the advice of Cabinet, to represent religious organizations; and

(g) Two persons appointed by the Head of State, acting on the advice of Cabinet, to represent the public.

(2) If any member of the Board is temporarily incapacitated by illness, absence, or other sufficient cause from attending any meeting of the Board:

(a) In the case of the Secretary for Justice and the Minister of Education, Sports and Culture and the Commissioner of Police Service and the Comptroller of Customs and the Secretary for Women Affairs any authorised senior officer of his or her Department; and

(b) In the case of an appointed member, any person nominated for the purpose by the Minister,-

may attend the meeting as the deputy of such member. (3) No deputy shall act as the Chairman of the Board. (4) Any person who attends a meeting of the Board pursuant to this section shall for the purposes of that meeting be deemed to be a member of the Board. 5. Functions of Board - (1) The Board shall regulate and control the public exhibition of films and censorship thereof. (2) The Board shall have such other functions and powers as are conferred on it by this Act. 6. Terms of office of appointed members - (1) Except as otherwise provided by this Act every member of the Board appointed under section 4(1)(c) shall be appointed for a term of 3 years but may from time to time be re-appointed. (2) Notwithstanding anything to the contrary in this section every appointed member of the Board, unless he or she sooner vacates his or her office under section 7(1) , shall continue in office until his or her successor comes into office. 7. Extraordinary vacancies - (1) Any appointed member of the Board may at any time be removed from office by the Head of State for disability, bankruptcy, neglect of duty, or misconduct or may at any time resign his or her office by written notice given to the Minister. (2) If any appointed member of the Board dies, or resigns, or is removed from office, his or her office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy. (3) An extraordinary vacancy shall be filled by the appointment of a person in the same manner as the appointment of the vacating member. (4) Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed. (5) The powers of the Board shall not be affected by any vacancy in the membership thereof. 8. Meeting of Board - (1) The first meeting of the Board shall be held on a day to be appointed in that behalf by the Chairman. (2) Subsequent meetings of the Board shall be held at such times and places as the Board from time to time appoints. (3) The Chairman of the Board, or any 4 members, thereof, may at any time call a special meeting of the Board. (4) At all meetings of the Board the quorum necessary for the transaction of business shall be 5 members. (5) The Chairman shall preside at all meetings of the Board at which he or she is present. (6) Subject to the provisions of section 4(3) , the members present shall elect one of their number to preside at any meeting, from which the Chairman is absent. (7) All questions arising at any meeting of the Board shall be decided by a majority of the valid votes recorded thereon. (8) At any meeting of the Board the Chairman or other person presiding shall have a deliberative vote and, in the case of equality of votes, shall also have a casting vote. (9) A resolution in writing signed or assented to by letter or telegram by all members of the Board shall be as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted. (10) Subject to the provisions of this Act and of any regulations hereunder the Board may regulate its procedure in such manner as it thinks fit. 9. Remuneration of Board members - Every member of the Board who is not a full time salaried employee of the Government of Samoa shall be paid, out of the funds of the Board, such remuneration and allowance as may from time to time be fixed by Cabinet.

PART III LICENSING OF EXHIBITORS AND LENDERS

10. Licences - (1) Subject to the provisions of subsection (7), no person shall exhibit, or cause or permit or suffer to be exhibited, any film unless he or she is the holder of a licence, issued under the provisions of this section and valid in respect of the exhibition of such film. (1A) No person shall lend any film unless he or she is the holder of a licence issued under the provisions of this section; (2) Any person who exhibits, or cause or permits or suffers to be exhibited, any film in contravention of the provisions of subsection (1) or in contravention of any of the terms or conditions of any Licence under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 20 penalty units in the case of an individual and 50 penalty units in the case of a company. (2A) Any person who lends any film in contravention of subsection (1A) or in contravention of any terms and conditions of the licence, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 20 penalty units in the case of an individual and 50 penalty units in the case of a company. (3) Application for a Licence under this section shall be made in the prescribed form to the Board and the Board may determine classes of licences for exhibitors who are:

(i) broadcast, cable or satellite television service providers;

(ii) picture theatres;

(iii) educational institutions;

(iv) internet or other computer based suppliers; and

(v) other classes of exhibitors as determined by the Board.

(4) The Board may in its discretion either:

(a) Refuse an application for a licence if it is not satisfied that the proposals for the exhibition or lending of films are suitable for the purpose of which the application is made, or if the applicant is a person who has been convicted of an offence under this Act; or

(b) Grant such a licence either:

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

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

(5) A Licence under this section shall be in the prescribed form and, on payment of the prescribed fee, may be granted subject to such terms and conditions as the Board considers necessary in the public interest: PROVIDED THAT the Board may remit or waive any fee payable under the provisions of this subsection in the case of any film exhibition held for any charitable educational or public purpose. (6) Every licence granted under the provisions of this section may, where appropriate be limited in its application so as to authorise the exhibition of films only at such premises or at such times as may be specified in such licence. (7) Films may be exhibited without a Licence under this section:

(a) (repealed by section 7(k) of the Film Control Amendment Act 1998)

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

(c) By any charitable, philanthropic, religious, educational, social or sporting body or organisation where:

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

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

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

(iv) After meeting actual expenses and charges incurred in that exhibition, any proceeds deriving from the exhibition are applied solely and entirely towards the funds of the body or organisation so exhibiting film, and no portion of those proceeds is payable to any person by way of fee, commission, or other financial reward for acts performed or services rendered by that person in arranging, providing, or carrying out the exhibition except any fee payable to any projectionist for projecting the film.

11. Suspension or revocation of exhibitor's licence - (1) A licence issued under Section 10 may be suspended or revoked by the Board if the holder of the licence has been convicted of any offence under this Act or any other Act relating to the showing or viewing of indecent films, or if in the opinion of the Board, the safety, health or convenience of persons attending any exhibition of films held under the authority of the licence is not adequately provided for. (2) If the holder of an exhibitor's licence has been convicted of any offence under this Act, the Court may, in addition to any other penalty it may impose, suspend or revoke such licence. (3) In the event of an exhibitor's licence being suspended or revoked under subsection (1) or (2), the Board shall not grant any further licence to such exhibitor while such suspension or revocation remains in force. 12. Exhibitor's licence may be dispensed with in certain cases - Notwithstanding anything contained in this Part of this Act, the Board may, if the Principal 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 purpose;

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

(c) Films intended to be use wholly or mainly by religious organisations for purposes of religious instruction;

(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.

13. Duties of licensee - Every holder of a licence shall ensure that every exhibition is conducted in such a manner where appropriate as to provide for the safety, convenience and good order of the persons attending thereat and that there is a responsible and competent person operating the projector used in the premises for the purpose of the exhibition and otherwise in compliance with this Act and any conditions of a licence issued under this Act.

PART IV CENSORSHIP

14. Appointment of Principal Censors - (1) There shall be appointed in accordance with the Public Service Act 1977 a Principal Censor of films and such other person as may be necessary, to be known as assistant censors, to assist the Principal Censor or to act in his or her stead: PROVIDED THAT no member of the Board may be appointed as the Principal Censor or an assistant censor. (2) Subject to any directions given by the Principal Censor, every assistant censor shall have and may exercise all or any of the powers, duties, discretions and authorities conferred upon the Principal Censor by or under the provisions of this Act: PROVIDED THAT every decision of an assistant censor shall be signified in the name of the Principal Censor and shall be deemed to be a decision of the Principal Censor. (3) The Board may from time to time give the Principal Censors directions as to the policy to be adopted in the exercise of the power and the duties conferred upon them by or under the provisions of this Act and the Principal Censors shall at all times act in compliance with such directions. 15. Films not to be exhibited or lent unless approved by Principal Censor - (1) No person shall exhibit or lend any film, other than a film exempted under the provisions of subsection (2) from the operation of this Part of this Act, unless and until such film has been approved by the Principal Censor for public exhibition. (2) The Board may by certificate in the prescribed form, exempt any film or any class of films from the operation of this Part of this Act, and by notice to be served on the holder of any such certificate may revoke such certificate if satisfied that such revocation is in the public interest. 16. Application for approval of film - Subject to subsection (2) of section 20, every application for the approval by the Principal Censor of any film shall be made in the prescribed form, and be accompanied by a scenario of that film and the prescribed fee: PROVIDED THAT the Principal Censor may, in any particular case, dispense with the requirement relating to the submission of a scenario. 17. Principal Censor may require film to be exhibited for purpose of censorship - (1) The Principal Censor may require any film in respect of which his or her approval is sought under this Part of this Act to be exhibited before him or her for the purpose of censorship, at such time and place mutually convenient to him or her and to the applicant, at the expense and risk of the applicant. (2) The Principal Censor's decision shall be final as to:

(a) The eligibility of any person to be present at any exhibition held under the provisions of this section; and

(b) The number of persons to be present at any such exhibitions:

PROVIDED THAT the applicant and his or her barrister and solicitor shall be entitled to attend any such exhibition. 18. Powers of Principal Censor - (1) Without unreasonable delay the Principal Censor shall, in respect of any film for which his or her approval is sought under this Part of this Act, either:

(a) Approve the film for public exhibition; or

(b) Refuse to approve the film for public exhibition, either unconditionally, or until such alterations or excisions as he or she may specify have been made to the film:

PROVIDED THAT the Principal Censor shall not refuse to approve a film for public exhibition without the film having first been exhibited to him or her under the last preceding section. (2) The approval by the Principal Censor shall not be given with respect to any film or to any part of a film which in his or her opinion –

(a) Describes, depicts, or otherwise deals with-

(i) acts of torture, the infliction of serious physical harm, acts of significant cruelty or extreme violence;

(ii) sexual violence or sexual coercion, or violence or coercion in association with sexual conduct;

(iii) other sexual or physical conduct of a degrading or dehumanizing or demeaning nature;

(iv) sexual conduct with or by children, or young persons, or both; or

(v) physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain;

(b) Exploits the nudity of children, or young persons, or both;

(c) Degrades or dehumanizes or demeans any person;

(d) Promotes or encourages criminal acts or acts of terrorism;

(e) Represents (whether directly or by implication) that members of any particular class of the public are inherently inferior to other members of the public by reason of any characteristics that is a prohibited ground of discrimination specified under the Constitution of the Independent State of Samoa; and

(f) Any matter which is contrary to public order or undesirable in the public interest.

19. Classification of films - (1) The Principal Censor shall, in approving a film for public exhibition under the provisions of section 18, classify it in any of the following categories:

(a) Approved for general exhibition; or

(b) Approved for exhibition to a specified class or description of persons only (being persons of or over the age of 5 years), or for specified purposes only, or on one or more specified occasions only.

(1A) In approving films under subsection (1), the Principal Censor may determine the titles to be given to classes of film classification; including symbols or abbreviated styles representing those classes. (2) No person shall exhibit or cause to be exhibited any film approved under the provisions of subsection (1) contrary to any such approval. 20. Certificates of approval or refusal and register of films - (1) The Principal Censor shall:

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

(b) Keep in his or her 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;

(c) Arrange from time to time, as he or she sees fit, to publish in the Savali lists of approved films and their classifications.

(2):

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

(b) Where, upon the expiry of the period of 2 years, application is again made under the provisions of section 16 for the approval of the same film, no fee shall be chargeable therefor.

21. Nature of Principal Censor's certificate to be displayed – (1) The owner, manager or occupier of any premises in which any film other than a film exempted from the operation of this Part of this Act, is exhibited or any other person responsible for the exhibition of any such film in such premises, shall display in a conspicuous position in the lobby or entrance to such premises, at all times whilst such premises are open to the public, a notice of such dimensions and in such form as may be prescribed notifying, for public information, the nature of the certificate which has been issued by the Principal Censor in respect of that film. (2) A lender shall fix to each film being lent, a label in a form acceptable to the Principal Censor, indicating the classification given to the film under this Act. 22. Revocation of certificate of approval - The Board, may at any time by notice published in the Savali, or in any other publication that the Board determines to be appropriate, revoke a certificate if satisfied that such revocation is in the public interest or that any condition subject to which such certificate was issued has not been complied with and may issue a certificate of a different classification in its place: PROVIDED THAT the Board shall not revoke any such certificate without the film to which it relates first having been exhibited to it and the provisions of subsection (4) of section 25 shall apply as if an appeal had been brought under the provisions of that section. 23. Censorship of advertisements of films - (1) No person shall announce, print, publish, distribute, exhibit, display or otherwise disseminate in any manner whatsoever or cause to be so announced, printed, published, distributed, exhibited, displayed or disseminated any advertisement of or with respect to any film or portion of a film (other than a film exempted under section 10 from the operation of this Part of this Act) unless and until:

(a) Such advertisement has been approved by the Principal Censor; and

(b) Such advertisement includes or is accompanied by a statement, clearly displayed or announced, as to the nature of the certificate which has been issued by the Principal Censor in respect of the film to which such advertisement refers, or otherwise than in the form in which such advertisement was approved by the Principal Censor:

PROVIDED THAT this subsection shall not apply to any advertisement announcing only the title or titles of any film or films whether accompanied by a statement as to proposed times or dates of exhibition thereof or not. (2) The Principal Censor shall in respect of any advertisement for which his or her approval is sought under the provisions of this section either:

(a) Approve such advertisement or any part thereof; or

(b) Refuse to approve such advertisement or any part thereof absolutely or until such alteration as he or she may specify has been made thereto.

(3) The approval or refusal of approval by the Principal Censor of any advertisement or any part thereof for which his or her approval is required under the provisions of this section shall be signified in such form and in such manner as may be prescribed. (4) A prototype copy of any advertisement shall, for the purposes of this section, be deemed to be the same advertisement. 24. Principal Censor may retain films and advertisements if approval refused - Any film or advertisement to which the Principal Censor has refused approval under this Part of this Act may be retained by the Principal Censor until such time as the applicant has made arrangements to the satisfaction of the Principal Censor for the export of such film or advertisement from Samoa or for the disposal thereof in such manner as the Principal Censor may direct: PROVIDED THAT if no such arrangements are made to the satisfaction of the Principal Censor within a period of 3 months after the date of his or her signification of his or her refusal of approval of such film or advertisement the Principal Censor may cause such film or advertisement to be destroyed at the expiration of one month after the date of notification to the applicant of the intention to destroy it. 25. Appeal from decision of Principal Censor - (1) Any applicant who is dissatisfied with the decision of the Principal Censor in relation to any film or advertisement in respect of which his or her approval is sought under this Part of this Act may, within 21 days after notification to him or her of the decision of the Principal Censor appeal against that decision to the Board by delivering or posting to the Secretary of the Board a notice of appeal in the prescribed form accompanied by the prescribed fee: PROVIDED THAT such fee shall be refunded if the appeal is allowed. (2) On receipt of any notice of appeal under the provisions of subsection (1), the Secretary of the Board shall arrange a time, date and place for the hearing of the appeal and shall cause notice of such time, date and place to be given to the appellant not less than 24 hours before the time so appointed. (3) In every appeal brought under the provisions of this section the appellant, his or her barrister and solicitor, and the Principal Censor shall have the right to be present at the hearing thereof and may make representation either orally or in writing to the Board: PROVIDED THAT the Board may require the appellant, his or her barrister and solicitor, and the Principal Censor to retire while it considers its decision. (4):

(a) The Board shall require any film or advertisement in respect of which such appeal has been brought to be exhibited before it or submitted for its inspection, as the case may be, at such time and place as may be mutually convenient to the Board and to the appellant and at the expense and risk of the appellant;

(b) No person other than the appellant, his or her barrister and solicitor, his or her projectionist, and the Principal Censor shall be present at such exhibition except at the invitation of the Board.

(5) Upon consideration of an appeal the Board shall:

(a) Uphold the decision of the Principal Censor absolutely; or

(b) Vary or reverse the decision of the Principal Censor and, within the limits imposed upon the Principal Censor under this Part of this Act, make such other order in relation to such film or advertisement as it considers appropriate.

(6) In any case where the Board varies or reverses any decision of the Principal Censor it shall, in writing, direct the Principal Censor to approve or refuse approval of such film or advertisement in accordance with the decision of the Board, and the Principal Censor shall, where necessary, cancel any previous certificate or signification or refusal and issue such other certificate or signification as are necessary to accord with the decision of the Board.

(7) Subject to the provisions of this section, the Board in determining any appeal brought thereunder may regulate its own procedure. 26. Offences - (1) Any person who:

(a) Exhibits, or cause or permits or suffers to be exhibited, any film in contravention of any of the provisions of this Part of this Act; or

(aa) Lends any film in contravention of any obligation in this Part of this Act; or

(b) Exhibits, or causes or permits or suffers to be exhibited, any film in respect of which the Principal Censor's certificate of approval has been revoked; or

(bb) Lends any film in respect of which the Principal Censors certificate of approval has been revoked; or

(c) Announces, prints, publishes, distributes, exhibits, displays or otherwise disseminates in any manner whatsoever or causes to be so announced, printed, published, distributed, exhibited, displayed or disseminated any advertisement in contravention of any of the provisions of this Part of this Act, shall be guilty of an offence and shall be liable on conviction to a fine for each offence not exceeding 20 penalty units in the case of an individual and 50 penalty units in the case of a company.

(2) In addition to any penalty imposed for an offence against the provisions of subsection (1) the Court may order that any film or advertisement in respect of which such offence was committed shall be confiscated and disposed of in such manner as the Court may direct.

PART V MISCELLANEOUS

27. Appointment of officers - (1) There shall be appointed in accordance with the Public Service Act 1977 a Secretary of the Board and such other officers as may be necessary for the administration of this Act. (2) Any officer of the Public Service may be appointed under this section notwithstanding that he or she holds any other office in the Public Service, and any such officer may hold office under this section in conjunction with any other office in the Public Service. 28. Protection from prosecution - No suit or prosecution shall lie:

(a) Against the Board for any act which in good faith is done or purported to be done by the Board under this Act;

(b) Against any member, officer, servant or agent of the Board for any act which in good faith is done or purported to be done by him or her under this Act or on the direction of the Board.

29. Powers of entry - Any member of the Board, Principal Censor or police service officer, or any person duly authorised in writing in that behalf by the Board may, at all reasonable times, enter any premises to which the public have access on payment or otherwise in which any film is being exhibited or in which he or she has reason to believe that any film is being or is about to be exhibited or premises where films are lent to the public, for the purpose of ensueing that the provisions of this Act or of any licence or certificate issued thereunder are being complied with, and any person who prevents or obstructs the entry of any such person into such premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 2 penalty units. 30. Regulations - The Head of State, acting on the advice of Cabinet, may make regulations for the carrying out of the provisions of this Act and in particular, but without prejudice to the generality of the foregoing, for all or any of the following purposes namely:

(a) The censorship of films and advertisements and the fees to be paid and the forms to be used in respect thereof;

(b) The conduct of appeals from decisions of the Principal Censor;

(c) Regulating the exhibition of films and prescribing the conditions to be observed in relation to the safety from fire or otherwise of any premises in which films are or are intended to be exhibited and the safety and conduct of persons attending and exhibition of films therein; and

(d) The licensing of exhibitors and lenders and prescribing the fees to be paid and the forms to be used in relation thereto.

31. Repeal and transitional - (1) The Censorship of Films Ordinance 1960 (hereinafter referred to as the repealed Ordinance) is repealed. (2) Notwithstanding subsection (1) any certificate or licence issued under the provisions of the repealed Ordinance shall be deemed to have been issued under the corresponding provisions of this Act: PROVIDED THAT the provisions of section 16 shall apply to every film introduced into Samoa from abroad after the commencement of this Act notwithstanding any certificate issued in relation to such film under the repealed Ordinance. (3) Notwithstanding any other provision of this Act, a person who, immediately before the date of commencement of this Act, was engaged in the business of exhibiting films shall be entitled to continue such business without a licence under Part 111 of this Act until the 31st day of December 1978.

Schedule

Table of fees 1

Item	Types of fees:	Frequency / unit		ST$
	LICENCES
1	Establishment fee for an exhibitor’s licence	first application		1,000.00
2	Exhibitor’s licence	per year		500.00
3	Special exhibitor’s licence	per day		20.00
4	Lender’s licence	per year		400.00
	CLASSIFICATION
5	Reels		per reel	56.25
6	Titles		per title	22.50
7	Copies		per copy	5.60
	APPEAL
8	Appeal of Principal Censor’s decision		per appeal	20.00

REVISION NOTE 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008 . The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998 .

(c) All references to the male gender have been made gender neutral.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 – By the Film Control Amendment Act 1998 (No. 32) -

Section 2	Amendments were made to the definitions of certain words found in the Act.
Section 4(1)	Amendments were made to the Film Control Board – "Three other persons, one of whom shall be a senior officer of the Police Service, appointed by the Head of State, acting on the advice of Cabinet" in paragraph (c) became "The Comptroller of Custom" and adding paragraph (d) "The Secretary of Womens Affairs, or her nominee", paragraph (e) "The Commissioner of Police Service; or his or her nominee" and paragraph (f) "Two other persons, one of whom shall be a permanent resident of Savaii, appointed by the Head of State, acting on the advice of Cabinet".
Section 5(1)	An amendment was made to Functions of the Board – "exhibition" was replaced by "public exhibition".
Section 8	Amendment were made to Meetings of the Board – "2" was replaced by "4" in subsection (3) and "3" was replaced by "5" in subsection (4).
Part III	An amendment was made to the Heading – "AND LENDERS" was added.
Section 10	Amendments were made to Licences – "Exhibitors licence" in the heading was replaced by "Licences" and "hereinafter referred to as an exhibitors licence" in subsection (1) was replaced by "at the time and premises specified in such licence", and new subsections (1A) and (2A). Adding more words to subsection (3), "an exhibitors licence" in subsections (2), (3), (5) and (7) are replaced with "a Licence under this section", replacing "an exhibitors licence" with "a licence" and replacing "Premises" with "proposals for the exhibition or lending of films" in subsection (4) and replacing "interest of the safety, health and convenience of persons attending any exhibition held under the authority of such licence" with "public interest" in subsection (5). Deleting "exhibitors" and replacing "shall" with "may", where appropriate" and replacing "and" with "or" in subsection (6) and removing paragraph (a) of subsection (7).
Section 11	Amendments were made to Suspension and revocation of licences – "an exhibitor licence" is replaced wherever they appear with "a licence issued under Section 10", "or any other Act relating to the showing or viewing of indecent films" is added after the words "this Act" in subsection (1) and adding after the words "such exhibitor" in subsection (3) the words "or lender".
Section 13	Amendments were made to the Duties of Licencees– "an exhibitors licence" is replace by "a licence", "where appropriate" is added after the words "such a manner" and adding "and otherwise in compliance with this Act and any conditions of a licence issued under this Act".
Section 15	Amendments were made to the Films to be approved by Principal Censor – "be exhibited" is replaced by "or lent" in the heading and "or lend" is added after the words "shall exhibit" in subsection (1).
Section 18	An amendment was made to the Powers of the Principal Censor – Subsection (2) was deleted and replaced by a new subsection (2).
Section 19	An amendment was made to the Classification of films – a subsection (1A) was inserted.
Section 20(1)	An amendment was made to Register of Films by adding a paragraph (c).
Section 21	An amendment was made to Affixing labels by adding a subsection (2).
Section 22	Amendments were made to Revocation of Approvals – "censor, or the" is deleted. "to be served on the holder of any certificate of approval issued under this Part of this Act" is replaced by "published in the Savali, or in any other publication that the Board determines to be appropriate".
Section 26(1)	Amendments were made to Offences – Paragraphs (aa) and (bb) were added. "not exceeding $500 in respect of each offence" is replaced by "for each offence not exceeding $2000 in the case of an individual and $5000 in the case of a company".
Section 29	Amendments were made to Power of entry – "or premises where films are lent to the public" was added after "or is about to be exhibited".
Section 30	An amendment was made to Regulations – "and lenders" was added after "exhibitors" in paragraph (d).

By the Membership of Statutory Boards and Authorities Act 2001 (No. 9) –

Section 4(1)

Amendments were made to the Film Control Board – ""The Comptroller of Custom, or his or her nominee" in paragraph (c) became "The Commissioner of Police", "The Secretary of Womens Affairs, or his or her nominee in paragraph (d) became "The Comptroller of Custom, and paragraphs (e), (f) and (g) were inserted after paragraph (c).

Revised and consolidated by Leilani Pereira-Moeono Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008 . The commencement date is inserted after the date of assent.

The following amendment has been made to the Act to incorporate amendments made by Act of Parliament passed since the publication of the Consolidated and Revised statutes of Samoa 2007 –

Schedule 1

A new Schedule 1 has been inserted at the end of the Act by section 2 of the Miscellaneous Fees Amendment Act 2008 to provide for certain fees payable to government under this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

The Film Control Act 1978 is administered in the Ministry of Justice and Courts Administration.