An Act to establish Screen Australia, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Screen Australia Act 2008.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 20 March 2008 |
2. Sections 3 to 45 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 July 2008 (see F2008L01863) |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Definitions
In this Act:
Australian program means a program:
(a) that, in the opinion of Screen Australia, has, or will have, a significant Australian content; or
(b) that has been, or is to be, made in pursuance of an agreement entered into between the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country.
Board means the Board of Screen Australia.
CEO means the Chief Executive Officer of Screen Australia.
Chair means the Chair of the Board.
Deputy Chair means the Deputy Chair of the Board.
member means a member of the Board and includes the Chair and Deputy Chair.
program means any of the following:
(a) a screen production;
(b) an aggregate of sounds embodied in any material;
(c) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, distributed without first having been embodied in any material.
screen production means an aggregate of images, or of images and sounds, embodied in any material that can be viewed on a screen (including, for example, a film).
4 Extended geographic application of this Act
(1) This Act extends to every external Territory.
(2) This Act applies both within and outside Australia.
Part 2—Screen Australia
5 Establishment
(1) Screen Australia is established by this section.
(2) Screen Australia:
(a) is a body corporate; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013 applies to Screen Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(3) The seal of Screen Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.
(4) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the seal of Screen Australia appearing on a document; and
(b) presume that the document was duly sealed.
6 Functions
Functions
(1) The functions of Screen Australia are to:
(a) support and promote the development of a highly creative, innovative and commercially sustainable Australian screen production industry; and
(b) support or engage in:
(i) the development, production, promotion and distribution of Australian programs; and
(ii) the provision of access to Australian programs and other programs; and
(c) support and promote the development of screen culture in Australia; and
(d) undertake any other function conferred on it by any other law of the Commonwealth.
Ways in which support may be provided
(2) The ways in which Screen Australia may provide support as mentioned in subsection (1) include (but are not limited to) doing any of the following:
(a) providing financial assistance (whether by way of loan, grant, investment or otherwise and whether on commercial terms or otherwise);
(b) providing guarantees;
(c) commissioning or sponsoring programs or other activities;
(d) providing services, facilities, programs or equipment.
Considerations governing the performance of functions
(3) In performing its functions Screen Australia is, as far as practicable, to:
(a) ensure the development of a diverse range of Australian programs that deal with matters of national interest or importance to Australians, or that illustrate or interpret aspects of Australia or the life and activities of Australian people; and
(b) place an emphasis on:
(i) documentaries; and
(ii) programs of interest or relevance to children; and
(iii) programs with a high level of artistic and cultural merit; and
(c) promote the open market as the primary means of support for projects with commercial potential; and
(d) promote the development of commercially focused screen production businesses; and
(e) promote the efficient, effective and ethical use of public resources.
Screen Australia may charge fees
(4) Screen Australia may charge fees for things done in performing its functions.
Screen Australia may cooperate with others
(5) Screen Australia may perform its functions alone or together with other persons.
Severability
(6) Without limiting its effect apart from this subsection, this Act also has the effect it would have if the powers and functions of Screen Australia were confined to powers and functions that were to be exercised and performed:
(a) in so far as it is appropriate for those powers and functions to be exercised and performed by Screen Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and
(b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise Screen Australia to exercise powers and perform functions; and
(c) in relation to expenditure of money that is available for the purposes of Screen Australia in accordance with an appropriation made by the Parliament; and
(d) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and
(e) in relation to postal, telegraphic, telephonic, and other like services; and
(f) in relation to the collection of statistics; and
(g) in relation to external affairs; and
(h) in relation to a Territory; and
(i) in relation to the executive power of the Commonwealth; and
(j) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
7 Powers
(1) Screen Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) Screen Australia’s powers include, but are not limited to, the following powers:
(a) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);
(b) to act as trustee of money, programs or other property vested in Screen Australia on trust;
(c) to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs;
(d) with the written approval of the Minister, but not otherwise:
(i) to form, or participate with other persons in the formation of, a company; or
(ii) to acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a company;
(e) to do anything incidental to any of its functions.
(3) Despite anything contained in this Act, any money, programs or other property held by Screen Australia on trust must be dealt with in accordance with the obligations of Screen Australia as trustee of the trust.
Part 3—The Board of Screen Australia
Division 1—The Board
8 Establishment
The Board of Screen Australia is established by this section.
9 Role
(1) The Board is responsible for ensuring the proper and efficient performance of Screen Australia’s functions.
(2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.
(3) All acts and things done in the name of, or on behalf of, Screen Australia by the Board, or with the authority of the Board, are taken to have been done by Screen Australia.
(4) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.
10 Membership
The Board consists of the following members:
(a) the Chair of the Board;
(b) the Deputy Chair of the Board;
(c) no less than 3 and no more than 7 other members.
11 Appointment of members
(1) The members are to be appointed by the Minister by written instrument.
(2) A member holds office on a part‑time basis.
(3) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
(4) A person must not be appointed for a period if the sum of:
(a) that period; and
(b) any periods of previous appointment of the person as a member;
exceeds 9 years.
(5) The performance of the functions or the exercise of the powers of the Board is not affected by reason only of the number of members falling below 5 for a period of not more than 6 months.
12 Acting in positions
(1) The Deputy Chair is to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
(4) The Minister may appoint a member to act as the Deputy Chair:
(a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Deputy Chair:
(i) is acting as the Chair; or
(ii) is absent from duty or from Australia; or
(iii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(5) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair):
(a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a member:
(i) is acting as the Deputy Chair; or
(ii) is absent from duty or from Australia; or
(iii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
13 Remuneration of members
(1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
(2) A member is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
14 Leave of members
(1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.
(2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.
(3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.
15 Resignation of members
(1) A member may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
16 Termination of appointment
(1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
(2) The Minister must terminate the appointment of a member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.
Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
17 Other terms and conditions of members
A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Division 2—Board Procedures
18 Meetings
(1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.
(2) The quorum for a meeting is a majority of the current members.
(3) However, if:
(a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and
(b) when the member leaves the meeting concerned there is no longer a quorum present;
those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.
(4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.
(5) The Chair must preside at all meetings at which he or she is present.
(6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.
(7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.
(8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.
(9) The Board must keep a record of any decisions made at a meeting.
(10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.
19 Decisions without meetings
(1) The Board is taken to have made a decision at a meeting if:
(a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and
(c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.
(2) Subsection (1) applies if the Board:
(a) has determined that it may make decisions of that kind without a meeting; and
(b) has determined the method by which members are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.
(4) The Board must keep a record of decisions made in accordance with this section.
Part 4—Chief Executive Officer, staff and consultants
Division 1—Chief Executive Officer
20 Establishment
There is to be a Chief Executive Officer of Screen Australia.
21 Role
(1) The CEO is responsible for the day‑to‑day administration of Screen Australia.
(2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.
(3) Except in relation to the CEO’s powers under the Public Service Act 1999, the CEO is to act in accordance with any policies determined, and any directions given, by the Board.
(4) All acts and things done in the name of, or on behalf of, Screen Australia by the CEO, or with the authority of the CEO, are taken to have been done by Screen Australia.
(5) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.
(6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.
22 Appointment
(1) The CEO is to be appointed by the Board after consultation with the Minister.
(2) The CEO holds office on a full‑time basis.
(3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(4) The CEO must not be a member of the Board.
23 Acting appointments
The Board may, after consultation with the Minister, appoint a person to act as the CEO:
(a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
24 Other employment
(1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.
(2) The Chair must notify the Minister of any approval given under subsection (1).
25 Remuneration
(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.
(2) The CEO is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
26 Leave
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.
(3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.
27 Disclosure of interests
(1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.
28 Resignation
(1) The CEO may resign his or her appointment by giving the Chair a written resignation.
(2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.
(3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.
29 Termination
(1) The Board may terminate the appointment of the CEO:
(a) for misbehaviour or physical or mental incapacity; or
(b) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period.
(2) The Board must terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or
(d) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.
(3) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.
30 Other terms and conditions
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.
Division 2—Staff and consultants
31 Staff
(1) The staff of Screen Australia consists of:
(a) any persons employed under subsection (2); and
(b) any persons engaged under the Public Service Act 1999 for the purposes of Screen Australia.
(2) Screen Australia may employ persons on the terms and conditions that Screen Australia determines.
(3) For the purposes of the Public Service Act 1999:
(a) the CEO, and the staff of Screen Australia referred to in paragraph (1)(b), together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
32 Maternity leave for non‑APS employees of Screen Australia
The Maternity Leave (Commonwealth Employees) Act 1973 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.
33 Long service leave for non‑APS employees of Screen Australia
The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.
34 Consultants
Screen Australia may engage consultants to assist in the performance of its functions.
Part 5—Planning
35 Corporate plan
(1) A corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include:
(a) details of the investment and financing programs of Screen Australia, including strategies for managing financial risk; and
(b) details of such other matters (if any) as the Minister directs.
(2) The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan (and any variations to the plan) under that section.
(3) A direction under paragraph (1)(b) or an instruction given under subsection (2) is not a legislative instrument.
37 Approval of corporate plan by Minister
(1) This section applies to a corporate plan that is given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013.
(2) The Minister may, by written notice given to the Board:
(a) approve the plan; or
(b) request the Board to revise it for the reasons set out in the request.
(3) The Board must:
(a) comply with the Minister’s request to revise the plan; and
(b) give the revised plan to the Minister for his or her approval.
(4) The plan comes into force on the later of:
(a) the day on which it is approved by the Minister; or
(b) the first day of the period to which it relates.
(5) A notice given under subsection (2) is not a legislative instrument.
38 Variation of corporate plan
(1) The Board may, at any time, vary a corporate plan, whether or not it has come into force.
(2) The Minister may, at any time, request the Board to vary a corporate plan, whether or not it has come into force. The Board must comply with the request.
(3) A variation must be given to the Minister for his or her approval.
(4) A variation comes into force on the day on which it is approved by the Minister.
(5) If a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan continues in force on and after the day on which the variation is approved as so varied.
(6) If a request under subsection (2), or an approval under subsection (4), is in writing, the request or approval is not a legislative instrument.
Part 6—Finance
39 Money payable to Screen Australia
(1) There is payable to Screen Australia such money as is appropriated by the Parliament for the purposes of Screen Australia.
(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Screen Australia.
(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
(4) In this section:
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
40 Application of money by Screen Australia
(1) The money of Screen Australia is to be applied only:
(a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Screen Australia in the performance of its functions and the exercise of its powers; and
(b) in payment of any remuneration or allowances payable under this Act.
(2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Screen Australia.
41 Restrictions on financial transactions
(1) Screen Australia must not, without the approval of the Minister:
(a) acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or
(b) dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or
(c) enter into a contract for the construction of a building for Screen Australia, being a contract under which Screen Australia is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or
(d) enter into a lease of land for a period exceeding 10 years.
(2) Paragraphs (1)(a) and (b) do not apply to transactions relating to the functions described in subparagraph 6(1)(b)(i).
(3) The regulations may prescribe limits on the total amounts of money that may be spent, guaranteed or otherwise committed in a specified period by Screen Australia in performing its functions under subparagraph 6(1)(b)(i).
(4) If an approval under subsection (1) is in writing, the approval is not a legislative instrument.
42 Taxation
(1) Screen Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.
Note: Despite this subsection, Screen Australia may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).
(2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.
Part 7—Other matters
43 Annual reports
The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:
(a) the guarantees given by Screen Australia during the period; and
(b) the total amount the subject of the guarantees referred to in paragraph (a).
44 Ministerial direction
(1) The Minister may, by legislative instrument, give written directions to the Board:
(a) in relation to the performance of the functions of, and the exercise of powers of, Screen Australia; or
(b) requiring the provision of a report or advice on a matter that relates to any of Screen Australia’s functions or powers.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction—see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.
(2) The Minister must not give a direction in relation to a decision by the Board to provide support to a particular person or for a particular program.
(3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with.
(4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and the Finance Minister informed).
45 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
