10Requirement with respect to the exhibition of Australian short films

#### 10 Requirement with respect to the exhibition of Australian short films (1) For the purpose of carrying out its functions of encouraging the making, promotion and distribution of Australian programs, being films, the Commission or an authorized person may serve, either personally or by post, on: (a) a foreign corporation or trading corporation formed within the limits of the Commonwealth that carries on the business of exhibiting films in a theatre or theatres in Australia; or (b) any other person who carries on the business of exhibiting films in a theatre or theatres in Australia; a requirement in writing in accordance with this section. (2) A requirement referred to in subsection (1) shall: (a) specify: (i) the period to which it relates, being a period commencing not earlier than the date on which the requirement is served; and (ii) the theatre or theatres to which it relates; and (b) require that: (i) a specified proportion of the number of short films exhibited by the person on which or on whom the requirement is served in the specified theatre or theatres during the specified period be films certified by the Commission to be Australian short films; or (ii) a specified proportion of the time devoted to the exhibition of short films by that person in the specified theatre or theatres during the specified period be devoted to the exhibition of films certified by the Commission to be Australian short films. (3) A requirement referred to in subsection (1) may be so expressed as to include both a requirement of the kind referred to in subparagraph (2)(b)(i) and a requirement of the kind referred to in subparagraph (2)(b)(ii). (4) A person shall comply with a requirement served on him or her under subsection (1). Penalty: $200. (5) Subsection (4) does not apply if the person has a reasonable excuse relating to the availability of Australian short films. > Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). (5A) Subsection (4) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (6) A requirement shall not be made under this section unless there is in force a regulation declaring that such requirements may be made on or after a specified date and such a requirement shall not be made before the specified date. (7) The regulations may make provision, not inconsistent with this section, with respect to any matter in relation to the exercise of the power to make requirements under this section (which may include provision with respect to the proportions that are to be, or may be, specified in such a requirement), and that power shall not be exercised otherwise than in accordance with any regulations so made and in force. (8) An application may be made to the Administrative Appeals Tribunal for review of a requirement made under this section.