28
(4) The chief executive officer shall, in the case of a successful appeal
against a decision whereby an application for [a] registration, exemption,
permit or licence is refused, issue the requisite certificate of registration,
exemption, permit or licence, subject to the conditions, if any, imposed
by the [Review] Appeal Tribunal.’’.
5
Repeal of section 21 of Act 65 of 1996
25. Section 21 of the principal Act is hereby repealed.
Amendment of section 22 of Act 65 of 1996
26. Section 22 of the principal Act is hereby amended—
(a) by the substitution for subsections (1) and (2) of the following subsections: 10
‘‘(1) The [executive committee] Board may on receipt of an
application in the prescribed form, subject to such conditions as it may
deem fit, exempt in writing any person or institution from [sections 25,
27 and 28] section 24A, 24B or 24C if it has good reason to believe that
15
bona fide purposes will be served by such an exemption.
(2) Where the [executive committee] Board after due inquiry has
good reason to believe that the conditions of an exemption are not
complied with or that the bona fide purposes are no longer present, it may
withdraw the exemption.’’; and
20
(c) by the deletion of subsection (3).
Substitution of section 23 of Act 65 of 1996, as amended by section 6 of Act 34 of
1999, section 8 of Act 18 of 2004
27. Section 23 of the principal Act is hereby substituted for the following section:
‘‘Exhibition of films to distributor of films not prohibited by this Act
23. (1) The provisions of [section 26(1)(a) and (b)] section 24A(1), 25
(2)(a) and (3) shall not prohibit the exhibition of any film or game to any
person in the course of his or her business as a distributor of films or games
or to the representative of such distributor acting for the purposes of such
business.
(2) The [executive committee] Board may, in its discretion and subject 30
to such conditions as it may deem fit to impose, either by means of a permit,
issued in the prescribed form, or by notice in the Gazette, exempt from
[section 26] classification any particular film or game, any particular class
of films or games, or any film or game intended for exhibition to a particular
group of persons or under any particular circumstances, and may at any 35
time, after due inquiry, withdraw any such permit or exemption: Provided
that if such exemption was granted by notice in the Gazette, the chief
executive officer shall by notice withdraw the exemption.’’.
Amendment of section 24 of Act 65 of 1996
40
28. Section 24 of the principal Act is hereby amended—
(a) by the substitution for subsections (1) and (2) of the following subsections:
‘‘(1) Any person may [notwithstanding the provisions of section
25(b), 26(1)(b) or 28(2),] exhibit in public or distribute any film, game or
publication [or film] classified as ‘‘X18’’ in terms of [a decision of the
Board which has been published in the Gazette as X18 or a 45
publication which falls within Schedule 2 read with Schedule 5,] this
Act if such person is the holder of a licence to conduct the business of
adult premises, issued by a licensing authority in terms of [section 2,
read with item 2 of Schedule 1, of the Business Act, 1991 (Act No. 71
Creamer Media Pty Ltd +27 11 622 3744 [email protected] www.polity.org.za