s 22(2) of Act 65 of 1996 prior to amendment by Act 3 of 2009
Wording of Sections
s 22(3) of Act 65 of 1996 prior to amendment by Act 3 of 2009
23. Exhibition of films to distributor of films not prohibited by this Act.—(1) The
provisions of section 24A (1), (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 and games or to the
representative of such distributor acting for the purposes of such business.
(2) The Board may, in its discretion and subject 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 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 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.
[S. 23 substituted by s. 27 of Act No. 3 of 2009.]
Wording of Sections
Wording of Sections
s 23 of Act 65 of 1996 prior to amendment by Act 3 of 2009
24. Exemption in respect of distribution of certain publications and films: Adult
premises.—(1) Any person may exhibit in public or distribute any film, game or publication
classified as “X18” in terms of 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 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.
[Sub-s. (1) substituted by s. 28 (a) of Act No. 3 of 2009.]
Wording of Sections
(2) Any exemption granted in terms of subsection (1) may be suspended by the Board for a
period not exceeding one year, if the Board, after the holding of an inquiry, is satisfied that—
(a)
(b)
(c)
(d)
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;
a film, game or publication was displayed or 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 could be seen from any point outside the
premises concerned;
any person under the age of 18 years was allowed to enter or be within the
premises concerned; or
any film, game or publication 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—
to a person who is not the holder of a similar licence; or
(i)
(ii)
in a manner which was not in accordance with regulations made under this Act
with the aim of preventing the delivery of such films, games or publications to
persons under the age of 18 years.