Section 1
This Act may be cited as the Theatres and Places of Short title
Public Amusement (Federal Territory) Act 1977 and shall tion. appluca apply to the Federal Territory.
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THEATRES AND PLACES OF PUBLIC AMUSEMENT (FEDERAL TERRITORY) ACT 1977 is Malaysia Act, cited as Act 182 1977, currently marked repealed and first recorded in 1977.
Opening note
This Act may be cited as the Theatres and Places of Short title
Public Amusement (Federal Territory) Act 1977 and shall tion. appluca apply to the Federal Territory.
In this Act, unless the context otherwise requires
"cinematograph exhibition" means any exhibition of pictures or other optical efects presented by means ofa
Cinematograph or other similar apparatus and includes the production of any music, speech, noise or other sound whatsoever which accompanies the projection by means of a cinematograph or other simlar apparatus;
"Commissioner"
means the Commissioner appointed 3s/60.
under section 3 of the Federal Capital Act 1960;
"licensing officer" means the oficer appointed under section 3;
"Minister" means the Minister responsible for the Federal
Territory
"place of public amusement" means any place on which there is any erection or structure, any premises or building whether temporary or permanent or any water-borne craft or other place in or at which a public amusement takes place and to which the public are admitted with or without payment for admission, and includes an amusement park;
public amusement" means any game, diversion or enter-tainment of any kind whatsoever provided for the public in which members of the public may take part;
Interpreta tion.
S. 2-6)
6
"theatre" means any place on which there is any erection or structure, any premises or building whether temporary or permanent or any water-borne craft or other place where a theatrcal performance is performed or presented and to which the public are admitted with or without payment for admission:
"theatrical performance" means any game, diversion or entertain ment of any kind whatsoever provided for the public in which members of the public may not take part and includes a cinematograph exhibition.
Appoint ment of nsing
The Minister niay appoint any person by name or ofhce to be a licensing ollicer for the purposes of this ACt.
The licensing officer shall be deemed to be a public servant within the meaning of the Penal Code.
FMS.
Cap. 45
The Minister may from time to time give the licensing officer directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers 2nd discretions conferred on the licensingofficer by this Act or rules made thereunder and the licensing officer shall give effect to all such directions.
Power of
Minister to iSSue diroctions
Prohibition to ope or kecp opeD a thcatre or place of public
It shall be unlawful for any person to open or keep open any theatre or place of public amusenment without a licence to be granted under this Act.
Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to an impri-sonment not exceeding two years or to both.
amusement without a licence.
blication
Subject to subsection (3) the licensing oflicer may on the payment of the prescribed fee grant to the applicant a licence on such conditions as may be specitied in the licence.
amusement.
No licence shall be granted under this Act in respect of a theatre or place of public amusement unless the permis-sion in Writing or, in any case in which it is necessary, a licence has been obtained from the Commissioner under the law relating to the local authority in respect of the theatre or place of public amusement.
S. 6-8]
THEATRES AND PLACES OF PUBLIC AMUSEMENT (FEDERAL TERRrrORY) 7
The licensing officer may refuse any application he is satistied-
that the theatre or place of public amusement likely to lead to a breach of the peace or to cause
Obstruction, annoyance or in jury to the residents in the locality;
that any performance in the theatre or place or public amusement is likely to be of a dangerous, indecent, immoral or improper nature or Is ikely to endanger human life; or
that the theatrical performance or public amusement
IS or is likely to be in any way detrimental to the national interest.
to
particulars of persons concerned in the promotion of the theatrical performance or public amusement and the interests represented by those persons;
particulars of the persons who have agreed to pari-cipate or have participated in the theatrical per-formance or public amusement or have been invited to do so and the interests represented by those persons and
the purposes to which any profits from the theatrical performance or public amusement are intended to be or have been applied.
For the purpose of this section, the expression "seript".
in relation to a perlormance of a play, means the text of the play (whether expressed in words or in musical or other notation) together with any stage or other directions for its performance, whether contained in a single document or not
if there has been any breach of the conditions or any act in contravention of any written law relating to the control of buildings;
if there has been any breach of the peace, obstruc-tion, annoyance or injury to the residents in the locality of the theatre or placc of public amusement in respect of which the licence was issued:
(S.8-11]
8
it in his opinion any performance therein is of a dangerous, indecent, immoral or improper nature, or is likely to endanger human life;
if he is satisfied that the theatrical performance or public amusement is or is likely to be in any way detrimental to the national interest.
Upon the cancellation of a licence of a place of public amusement which is an amusement park, the licences of theatres and all places of public amusement situated therein shall be deemed to be cancelled.
The licensing officer may require any person to whom a licence iS granted to give security in such form as he may determine that the provisions of this Act and of any rules made thereunder and of the conditions of the licence shall be duly observed.
A person whose application is refused under sectlon 6
or whose licence is cancelled under section 8 may within one month after being informed in writing of the refusal or cancellation appeal against the refusal or cancellation to the Minister whose decision thereon shall be final.
Appeal.
Prohibition
to give, distribute, sell or offer for sale any ticket for admission to, or invite any person to a perfor-mance in, a theatre or place of public amusement, or to cause to be made such gift, distribution, sale, offer or invitation; or or
Slicise before licence is obtained.
in any manner whatsoever to advertise or publicise or to cause to be advertised or publicised any theatrical performance or public amusement to be performed in a theatre or place of public amuse-ment, unless there has been a licence granted under section 6 in respect of that theatre or place of public amusement.
Any person who contravenes this section shall be guilty of an oflence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to an imprison-ment not exceeding one year or to both.
S. 12-14)
THEATRES AND PLACES OF PUBLIC AMUSEMENT (FEDERAL TERRITORY)
The licensing oflicer, any police officer not below the Powers of rank of Inspector, or any person authorised by the licensing investiga-offhcer in writing in that behalf may without warrant enter tion.
any premises upon which any theatrical performance or public amusement is being held or is intended to be held
With a view to ascertaining whether the provisions of this
Act or any rules made thereunder or the conditions of any licence granted under this Act are being complied with, and may make such investigation and inspection of the premises and call any person to produce such articles, books, accounts, tickets or other documents or things and to furnish any information as that officer or person may consider necessary for the purpose
Provided that any person not in uniform purporting to exercise any powers under this section shall on demand produce his written authority to exercise these powers to any person lawfully demanding the same.
Any person who
obstructs any officer or authorized person lawfully exercising any powers conferred on him by or under section 12 in entering or inspecting any premises or delays to produce any articles, books, accounts or other documents or things which he has been called upon by the officer or authorized person to produce and which are or ought to be in the ordinary course of business in his power to produce;
refuses to furnish any information which he may be required to furnish by the officer or authorized person or who, being required to furnish informa-tion by the ofticer or authorized person, furnishes false or misleading information; or
obstructs the seizure of any document or other thing under section 15, or the closure of any theatre or place of public amnusement under section 16,
Obstuction.
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprison ment for a term not exceeding one year or to both.
Any officer or person authorized to exercise the powers of entry or investigation under section 12 may seize any document or other thing in respect of which he reasonably believes to be or to contain evidence relating to an offence under this Act:
Power of seizure.
Provided that nothing in this section shall be deemed to alfect the powers of a police officer under the Criminal
Procedure Code.
F.MS.
Cap. 6.
Powers oi closure.
Any officer or person authorized to exercise the powers
Ol entry or investigation under section 12 may, without prejudice to the exercise of the powers conferred on him by that section, forthwith take such steps as he may consider necessary to close any theatre or place of public amusement which he is satisfied is kept open in contravention of this
Act or rules made thereunder or of any of the conditions of a licence granted under this Act.
Restrictionn on the unautho-rized sale of tickets.
Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine of one thousand ringgit or to imprisonment of not exceeding one year or to both.
this
Act has been
Any person who would have been guilty of an offence if anything had been done or omitted by himn personally shall be guilty of the offence and liable to the same penalty if such thing had been done or omitted by his partner, agent or servant in the course of partnership business or in the course of his employment, as the case may be, unless he proves that the ofence was committed
Without his knowledge or consent and that he took all reasonable precautions to prevent the doing or omiss1on to do such thing:
Provided that nothing herein shall relieve the partner, agent or servant from liability to prosecution.
The Minister may make rules generally for the carry-Rules.
ing out of the provisions of this Act and such rules may-
provide for exemption of type or class of theatrical performances or public amusements from any provisions of this Act;
provide generally for the purposes of giving effect to the provisions of this Act.
The Theatres and Places of Public Amusement Enact-Repeal.
ment 1936 (being a law in force in the Federal Territory FMS. En by virtue of section 6 of the Constitution (Amendment)
(No. 2) Act 1973 is repealed.
47/36.
KUAIA LUMPUR
DIUFTAK oLrN KETUA PENGARAJI
PERCTTAKAN DAN
DITERDITKAN DENGAN PERINTAN PADA 10rD MAC 1977
Hargu: 50 sen