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of 1991), and if] relevant national, provincial or local government laws:
Provided that such exhibition or distribution takes place on or from
within premises forming part of a building.
(2) Any exemption granted in terms of subsection (1) may be
suspended by the [executive committee] Board for a period not
exceeding one year, if the [executive committee] Board, after the
holding of an inquiry, is satisfied that—
(a) notices stating that no person under the age of 18 years may enter or
be within such premises were not displayed, in the manner
prescribed by the Board, at all entrances to the premises concerned;
(b) a film, game or publication was displayed or [a film was] exhibited
within such premises, or in a display window or door forming part
thereof, in such a manner or in such a position that the film, game or
publication [or film] could be seen from any point outside the
premises concerned;
(c) any person under the age of 18 years was allowed to enter or be
within the premises concerned; or
(d) any film, game or publication [or film] classified as ‘‘X18’’ in terms
of a decision of the Board, published in the Gazette, was delivered
by the person licensed in terms of subsection (1) to conduct such
premises—
(i) to a person who is not the holder of a similar licence; or
(ii) in a manner which was not in accordance with regulations
made [by the Board,] under this Act with the aim of
preventing the delivery of such films, games or publications
[and films] to persons under the age of 18 years.’’.
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Insertion of sections 24A, 24B and 24C in Act 65 of 1996
29. The following sections are hereby inserted in the principal Act after section 24:
‘‘Prohibitions, offences and penalties on distribution and exhibition of
films, games and publications
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24A. (1) Any person who knowingly distributes or exhibits in public a
film or game without first having been registered with the Board as a
distributor or exhibitor of films or games shall be guilty of an offence and
liable, upon conviction, to a fine or to imprisonment for a period not
exceeding six months or to both a fine and such imprisonment.
(2) Any person who knowingly broadcasts, distributes, exhibits in public,
offers for sale or hire or advertises for exhibition, sale or hire any film, game
or a publication referred to in section 16(1) of this Act which has—
(a) except with respect to broadcasters that are subject to regulation by the
Independent Communications Authority of South Africa and a
newspaper contemplated in section 16(1), not been classified by the
Board;
(b) been classified as a ‘‘refused classification’’; or
(c) been classified as ‘‘XX’’,
shall be guilty of an offence and liable, upon conviction, to a fine or to
imprisonment for a period not exceeding five years or to both a fine and
such imprisonment.
(3) Any person, not being the holder of a licence to conduct the business
of adult premises and, with regard to films and games, not being registered
with the Board as a distributor or exhibitor of films or games, and who
knowingly broadcasts, distributes, exhibits in public, offers for exhibition,
sale or hire or advertises for sale or hire any film, game or a publication
which has been classified ‘‘X18’’, shall be guilty of an offence and liable,
upon conviction, to a fine or to imprisonment for a period not exceeding
five years or to both a fine and such imprisonment.
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Creamer Media Pty Ltd +27 11 622 3744 [email protected] www.polity.org.za