An Act to establish a Film, Television and Radio School
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Australian Film, Television and Radio School Act 1973.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
In this Act, unless the contrary intention appears:
Acting Director means a person appointed under section 31 to act as the Director.
appointed includes re‑appointed, and appointment has a corresponding meaning.
broadcast means to transmit by way of television or radio, and broadcasting has a corresponding meaning.
Council means the Council of the Australian Film, Television and Radio School established by section 7.
Director means the Director of the School appointed under section 24.
ex‑officio member means a member, being the Director or an Acting Director.
Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.
member means a member of the Council.
member of the staff of the School means, except in section 21, a person who is employed on a full‑time basis under section 34, being a person who has been so employed, or whose term of employment is, for a period of 12 months or more.
program means:
(a) an aggregate of images or sounds, or of images and sounds, embodied in any material; or
(b) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, broadcast without first having been embodied in any material.
School means the Australian Film, Television and Radio School established by section 4.
Part II—The Australian Film, Television and Radio School
4 Establishment of School
(1) There is hereby established a school to be known as the Australian Film, Television and Radio School.
(2) The School:
(a) is a body corporate;
(b) shall have a seal; and
(c) may sue and be sued.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the School. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
(3) The design of the seal of the School shall be as determined by the Council.
(4) The seal of the School shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.
(5) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the School appearing on a document and shall presume that the document was duly sealed.
5 Functions of School
(1) The functions of the School are:
(a) to provide advanced education and training by way of the development of the knowledge and skills required in connexion with the production of programs;
(b) to conduct and encourage research in connexion with the production of programs;
(c) to conduct such seminars and courses of education or training for persons engaged, or to be engaged, directly or indirectly, in connexion with the production of programs as are approved by the Council;
(d) to co‑operate and make arrangements with other institutions and persons for purposes in connexion with the production of programs or the provision of education or training of the kind referred to in paragraph (a);
(e) for purposes in connexion with the production of programs or the provision of education or training of the kind referred to in paragraph (a), to provide facilities for, and to offer the services of the staff of the School to, such other institutions or persons as are approved by the Council;
(f) to make grants of financial assistance to persons to enable or assist those persons to receive education or undergo training of the kind referred to in paragraph (a);
(g) to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are specified in a determination under section 6A; and
(h) to do anything incidental or conducive to the performance of the foregoing functions.
(2) The School shall exercise its functions with a view to enabling and encouraging the production of programs of a high degree of creativeness and of high technical and artistic standards.
6 Powers of School
Subject to this Act, the School has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, has power:
(a) to enter into contracts;
(b) to erect buildings;
(c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the School;
(d) to acquire, hold and dispose of real or personal property; and
(e) to accept gifts, devises and bequests made to the School, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the School upon trust.
6A School may determine degrees, diplomas and certificates
The School may, by legislative instrument, make a determination specifying degrees, diplomas or certificates for the purposes of paragraph 5(1)(g).
Part III—The Council of the School
7 The Council
(1) The School shall be governed by a council to be known as the Council of the Australian Film, Television and Radio School.
(2) All acts and things done in the name of, or on behalf of, the School by the Council or with the authority of the Council shall be deemed to have been done by the School.
8 Constitution of Council
(1) The Council shall consist of:
(a) the Director;
(b) a staff member elected by the staff members in the manner prescribed;
(c) a student of the School elected by the students of the School in the manner prescribed;
(d) 3 members appointed by the Governor‑General; and
(e) 3 members of Convocation appointed by the Council.
(4) If an appointment of an Acting Director is in force under section 31, the Acting Director may attend meetings of the Council and, for the purposes of those meetings, shall be deemed to be a member of the Council.
(5) An act or decision of the Council is not invalid by reason only of a vacancy or vacancies in the membership of the Council.
(6) The appointment or election of a member is not invalid by reason only of a defect or irregularity in connexion with the appointment or election.
(7) The term of office of a member shall be as provided by this Act, but, subject to section 11, a member is eligible for re‑appointment or re‑election.
(8) Subject to this Act:
(a) a member appointed under paragraph (1)(d) holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment; and
(b) a member appointed under paragraph (1)(e) holds office for a period of 3 years.
(9) In this section:
staff member means a person who:
(a) is employed on a full‑time or part‑time basis under section 34; and
(b) has been so employed, or whose term of employment is, for at least 12 months.
9 Members elected by members of staff of School
(1) Except as otherwise provided by this section, the member elected under paragraph 8(1)(b) holds office, subject to this Act, for a period of one year and the term of office of the member shall not commence before the expiration of the term of office of the member whose place the first‑mentioned member fills.
(2) If the member has ceased to hold office before the expiration of his or her term of office, a member shall, if the Minister so directs, be elected under paragraph 8(1)(b) to hold office from the date of his or her election until the expiration of that term.
(3) A member elected under paragraph 8(1)(b) ceases to hold office if he or she ceases to be a member of the staff of the School.
10 Members elected by students
(1) In this section, student member means the member referred to in paragraph 8(1)(c).
(2) Except as otherwise provided by this section, the student member holds office, subject to this Act, for the period of one year and the term of office of a student member shall not commence before the expiration of the term of office of the member whose place he or she fills.
(3) If the student member has ceased to hold office before the expiration of his or her term of office, a student member shall, if the Minister so directs, be elected under paragraph 8(1)(c) to hold office from the date of his or her election until the expiration of that term.
(4) A student member ceases to be a member if the Council determines that he or she has ceased to be a student of the School.
11 Eligibility for appointment as member
(1) Subject to this section, where a person has been elected or appointed as a member on two successive occasions, the person is not eligible to be again elected or appointed as a member.
(2) Where a person has been elected or appointed as a member on two successive occasions and a period of not less than one year has elapsed since the expiration of the second term of office of the member, the member is eligible to be again elected or appointed as a member.
12 Delegation by Council
(1) Subject to any direction of the Minister, the Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to a member of the Council, a committee of the Council or a member of the staff of the School any of its powers under this Act, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Council.
(3) A delegation of a power under this section:
(a) may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated);
(b) does not prevent the exercise of the power by the Council; and
(c) continues in force notwithstanding a change in the membership of the Council.
(4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.
(5) A certificate signed by the Chair of the Council stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
(6) A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
13 Chair and Deputy Chair of Council
(1) Subject to subsection (3), the Governor‑General shall appoint a member of the Council to be the Chair of the Council.
(2) Subject to subsection (3), the Council shall appoint a member of the Council to be the Deputy Chair of the Council.
(3) The Governor‑General shall not appoint as Chair, and the Council shall not appoint as Deputy Chair, an ex‑officio member or a member referred to in paragraph 8(1)(b) or (c).
(4) The member appointed as Chair or Deputy Chair holds office as Chair or Deputy Chair until the expiration of the member’s term of office as a member that is current at the time of the member’s appointment, but ceases to be the Chair or Deputy Chair if he or she ceases to be a member, and may resign from office as Chair or Deputy Chair by writing signed by the member and delivered:
(a) in the case of the Chair—to the Governor‑General; and
(b) in the case of the Deputy Chair—to the Chair.
(5) A person is eligible to be re‑appointed as the Chair or Deputy Chair.
14 Resignation of members
A member, other than an ex‑officio member, may resign from office by writing signed by the member and delivered to the Governor‑General.
15 Dismissal of members
The Governor‑General may remove a member, other than an ex‑officio member, from office on the ground of misbehaviour or physical or mental incapacity.
16 Fees and allowances
(1) A member other than the Director shall be paid such fees as are determined by the Remuneration Tribunal.
(2) A member other than the Director shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
17 Leave of absence
(1) A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Council may grant a full‑time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines.
(3) The Council may grant a part‑time member leave to be absent from a meeting or meetings of the Council.
18 Vacation of office
If a member, other than an ex‑officio member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;
(b) is absent without leave of the Council from 3 consecutive meetings of the Council; or
(c) without reasonable excuse, fails to comply with the member’s obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997;
the Governor‑General shall remove the member from office.
20 Meetings of Council
(1) The Council shall hold such meetings as are necessary for the performance of its functions.
(2) The Chair, or if for any reason the Chair is not available, the Deputy Chair:
(a) may convene meetings of the Council, and shall comply with any resolution of the Council with respect to the convening of meetings; and
(b) shall, on receipt of a written request signed by not less than 2 members, convene a meeting of the Council.
(3) If neither the Chair nor the Deputy Chair is available, the Director may convene a meeting of the Council.
(4) The Chair shall preside at all meetings of the Council at which he or she is present.
(5) At a meeting of the Council at which the Chair is not present the Deputy Chair shall preside.
(6) At a meeting of the Council at which neither the Chair nor the Deputy Chair is present, the members present shall appoint one of their number to preside.
(7) The quorum at a meeting of the Council is:
(a) before the first members have been elected under paragraphs 8(1)(b) and (c)—5 members; and
(b) after the first members have been so elected—5 members.
(8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present.
(9) The member presiding at a meeting of the Council has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
Part IV—Convocation
21 Constitution of Convocation
(1) Convocation shall consist of:
(a) all members and past members of the Council;
(b) all persons who were, at any time, members of the Interim Council;
(c) all members and past members of the staff of the School;
(d) all persons who have been awarded degrees or diplomas by the School; and
(e) such persons as the Council admits as members of Convocation.
(1A) A reference in subsection (1) to a member of the staff of the school is a reference to a member of the academic or technical staff of the School engaged in, or directly or indirectly associated with, teaching at the School.
(2) The Council shall not admit a person as a member of Convocation under paragraph (1)(e) unless the Council considers the person to be suitably qualified to be so admitted by virtue of the person’s knowledge or experience in connexion with films, television or radio.
(3) In paragraph (1)(b), Interim Council means the Council established on 14th November, 1969, to investigate and report on the form and location of a national film and television training school.
22 Roll of members
(1) Until Convocation is constituted, the Council shall cause to be kept a roll of all persons who are entitled to become members of Convocation.
(2) When the number of persons so enrolled amounts to 100, the Council shall report the fact to the Governor‑General.
(3) The report referred to in subsection (2) shall be published in the Gazette, and Convocation shall be deemed to be constituted on the day of that publication.
(4) After Convocation has been constituted, the Council shall cause to be kept a roll of all members of Convocation.
23 Meetings of Convocation
Meetings of Convocation may be convened by the Chair of the Council.
Part V—The Director
24 Director of School
(1) There shall be a Director of the School, who shall be appointed by the Governor‑General on the recommendation of the Council.
(2) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.
25 Tenure of office
The Director shall be appointed for a period not exceeding 7 years, but is eligible for re‑appointment.
26 Functions of Director
Subject to the general direction of the Council, the Director shall manage the affairs of the School.
27 Remuneration and allowances of Director
(1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.
(2) The Director shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
28 Resignation
The Director may resign from office by writing signed by the Director and delivered to the Governor‑General.
29 Vacation of office of Director
(1) If the Director:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;
(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) without reasonable excuse, fails to comply with the Director’s obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997;
the Governor‑General shall remove the Director from office.
(2) The Governor‑General may remove the Director from office for misbehaviour or physical or mental incapacity.
30 Director not to undertake any other work
(1) The Director shall not engage in paid employment outside the duties of the Director’s office except with the approval of the Council.
(2) The Council shall not give an approval for the purposes of subsection (1) unless it is satisfied that the paid employment will not interfere with the performance of the duties of the Director under this Act.
31 Acting Director
(1) The Governor‑General may appoint a person to act as the Director:
(a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Director is, or is about to be, absent from duty or from Australia or, for any reason, unable to perform the functions of the Director’s office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2) The Governor‑General may:
(a) subject to this Act, on the recommendation of the Council, determine the terms and conditions of appointment of an Acting Director; and
(b) at any time terminate such an appointment.
Part VI—Staff
34 Employment of staff of School
The School may employ such persons as are necessary for the purposes of this Act.
35 Terms and conditions of employment of staff
(1) The terms and conditions of employment (in respect of matters not provided for by this Act) of persons employed under section 34 are as determined by the Council.
(2) In subsection (1), terms and conditions include conditions with respect to the duration of employment or with respect to dismissal from employment.
35A Long service leave for the School’s employees
The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by the School under section 34 of this Act as if the person were engaged under the Public Service Act 1999.
Part VII—Finance
36 Moneys payable to School
(1) There are payable to the School such moneys as are appropriated by the Parliament for the purposes of the School.
(2) The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the School.
39 Application of moneys
(1) The moneys of the School shall be applied only:
(a) in payment or discharge of the costs and expenses of the School under this Act; and
(b) in payment of any remuneration (including fees) and allowances payable under this Act.
(1A) Subsection (1) does not prevent investment of surplus money of the School under section 18 of the Commonwealth Authorities and Companies Act 1997.
(2) Notwithstanding anything contained in this Act, where a gift or bequest made to the School is subject to conditions in relation to the purposes for which it is to be applied, the moneys paid to the School as a result of the gift or bequest, and any income derived from the investment of those moneys, may be applied for those purposes and subject to those conditions but not otherwise.
40 Power to purchase and dispose of assets
(1) The School shall not, without the approval of the Minister:
(a) acquire any property, right or privilege for a consideration exceeding in amount or value $250,000 or, if a higher amount is prescribed, that higher amount;
(b) dispose of any property, right or privilege where the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds $250,000 or, if a higher amount is prescribed, that higher amount;
(c) enter into a contract for the construction of a building for the School, being a contract under which the School is to pay an amount exceeding $50,000 or, if a higher amount is prescribed, that higher amount; or
(d) enter into a lease of land for a period exceeding 10 years.
(2) The taking on lease or the purchase of land or buildings required for the purposes of the School shall be effected under the Lands Acquisition Act 1955.
44 Exemption from taxation
The School is not subject to taxation under any law of the Commonwealth or of a State or Territory.
Part VIII—Miscellaneous
46 Application of Air Accidents (Commonwealth Liability) Act
The School is a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Liability) Act 1963.
47 Inventions etc. of employees
(1) Where a discovery, invention or improvement of or in any process, apparatus or machine is made by an employee of the School in the course of the employee’s official duties, it is the property of the School and may be made available by the School on such conditions and on payment of such fees or royalties, or otherwise, as the Council, with the approval of the Minister, determines.
(2) An employee of the School shall not, except with the consent in writing of the Council, make application for a patent for an invention that is made by the employee in the course of the employee’s official duties or that relates to any matter or work connected with the employee’s official duties.
48 Bonuses for discoveries by employees
The Council may pay to employees of the School, or to persons working on behalf of the School, such bonuses as the Council, with the approval of the Minister, determines in respect of useful discoveries or inventions made by those employees or persons.
49 Fees and agreements
The Council may charge such fees, and may agree to such conditions, as it thinks fit:
(a) for investigations carried out by the School at the request of any institution or person; and
(b) for the purpose of exercising its function under paragraph 5(1)(e).
50 Fees payable by students
(1) Subject to this section, fees are payable to the School, at such rates as, subject to any directions of the Minister, the Council determines for courses of study or instruction of the School, for entry to examinations conducted by the School and for such other facilities or privileges of the School as the Council determines or the Minister directs.
(2) A student who has been granted by the School a scholarship or bursary, is exempt from payment of fees to the extent of the exemption applicable under the scholarship or bursary.
51 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing for:
(a) the manner and time of convening, holding and adjourning meetings of Convocation;
(b) the quorum of meetings of Convocation;
(c) the appointment, powers and duties of the chair of Convocation;
(d) the conduct and record of the business of meetings of Convocation;
(e) the appointment of committees of Convocation; and
(f) penalties not exceeding a fine of 1 penalty unit for offences against the regulations.
