Statistics Act, 1999
R 385
Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations (Adult Premises), 2001Notice No. R163 of 2001 |
Notice No. 163
23 February 2001
The Film and Publication Board, established in terms of section 3 of the Films and Publications Act, No. 65 of 1996, as amended, by the Films and Publications Amendment Act, No. 34 of 1999, has in terms of section 31(2)(c), read with section 24(2)(d)(ii), thereof, made the Regulations in the Schedule.
Schedule
| 1. | Definitions |
In these Regulations, any meaning assigned to any word or phrase in the Act, will have that meaning and, unless the context indicates otherwise—
| (a) | the "Act" means the Films and Publications Act, No. 65 of 1996, as amended by the Films and Publications Amendment Act, No. 34 of 1999; |
| (b) | the "business of adult premises" means a business which has been duly licensed in terms of item 2(h) of Schedule 1 of the Business Act, No. 71 of 1991; |
| (c) | a "family video store" means a video outlet to which persons under the age of 18 years may be permitted access. |
| 2. | Procedures |
Every person who exhibits in public or distributes any film, interactive computer game or publication, classified in terms of a decision of the Board and published in the Gazette as X18 shall—
| (a) | first apply for registration as a distributor and/or exhibitor of films with the Film and Publication Board; |
| (b) | obtain a licence to conduct the business of adult premises, issued by a licensing authority in terms of item 2(h) of Schedule 1 of the Business Act, No. 71 of 1991. Licensing authorities may refuse to issue licences in respect of premises situated within close proximity of schools, religious institutions or within predominantly residential areas. |
| 3. | An application for registration in terms of paragraph 2(a) shall be made on the prescribed form and shall be accompanied by a certified copy of the licence referred to in paragraph 2(b), together with the prescribed registration fee. |
| 4. | In addition to such other conditions as may be imposed by a licensing authority, every adult premises shall comply with the following further conditions: |
| (a) | Notices stating that no person under the age of 18 years may enter the premises must be clearly and conspicuously displayed at all entrances to the premises; |
| (b) | no person under the age of 18 years may be allowed to be within such premises; |
| (c) | no film, interactive computer game or publication, classified and published in the Gazette as X18, may be displayed or exhibited in such a way as to be seen from any point outside the premises; |
| (d) | no film, interactive computer game or publication, classified and published in the Gazette as X18, may be delivered to a distributor and/or exhibitor who is not registered as such with the Board and who is not the holder of a similar licence to conduct the business of adult premises; |
| (e) | no film, interactive computer game or publication, classified and published in the Gazette as X18, may be delivered, sold, hired out or handed to a person under the age of 18 years. |
Failure to comply with any of the conditions referred to in paragraphs 4(a), (b), (c), (d) or (e), or any other conditions as may have been imposed by a licensing authority, may result in the suspension of registration as a distributor and/or exhibitor for a period not exceeding one year.
| 5. | Materials classified and published in the Gazette as X18 shall not be distributed and/or exhibited by or from a family video store. |
| 6. | Short title and commencement |
These Regulations shall be called the Films and Publications Regulations (Adult Premises) 2001 and shall come into operation on the 1 April 2001.
