Commonwealth Numbered Acts

AUSTRALIAN FILM COMMISSION ACT 1975 No. 6 of 1975 - SECT 10

10. (1) For the purpose of carrying out its functions of encouraging the
making, promotion, distribution and exhibition of Australian films, the
Commission or an authorized person may serve, either personally or by post,
on-

   (a)  a foreign corporation or trading corporation formed within the limits
        of Australia that carries on the business of exhibiting films in a
        theatre or theatres in Australia; or

   (b)  any other person who carries on the business of exhibiting films in a
        theatre or theatres in Australia, a requirement in writing in
        accordance with this section.

(2) A requirement referred to in sub-section (1) shall-

   (a)  specify-

        (i)    the period to which it relates, being a period commencing not
               earlier than the date on which the requirement is served; and

        (ii)   the theatre or theatres to which it relates; and

   (b)  require that-

        (i)    a specified proportion of the number of short films exhibited
               by the person on which or on whom the requirement is served in
               the specified theatre or theatres during the specified period
               be films certified by the Commission to be
               Australian short films; or

        (ii)   a specified proportion of the time devoted to the exhibition of
               short films by that person in the specified theatre or theatres
               during the specified period be devoted to the exhibition of
               films certified by the Commission to be Australian short films.

(3) A requirement referred to in sub-section (1) may be so expressed as to
include both a requirement of the kind referred to in sub-paragraph (2) (b)
(i) and a requirement of the kind referred to in sub-paragraph (2) (b) (ii).

(4) A person shall comply with a requirement served on him under sub-section
(1).

Penalty: $200.

(5) It is a defence if a person charged with an offence under sub- section (4)
proves that he had a reasonable excuse relating to the availability of
Australian short films for not complying with the requirement to which the
offence relates.

(6) A requirement shall not be made under this section unless there is in
force a regulation declaring that such requirements may be made on or after a
specified date and such a requirement shall not be made before the specified
date.

(7) The regulations may make provision, not inconsistent with this section,
with respect to any matter in relation to the exercise of the power to make
requirements under this section (which may include provision with respect to
the proportions that are to be, or may be, specified in such a requirement),
and that power shall not be exercised otherwise than in accordance with any
regulations so made and in force.