Federal Register of Legislation - Australian Government

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Act No. 21 of 1970 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 18 Nov 2009
Start Date 31 Dec 1973
End Date 08 Jul 1975
Date of repeal 08 Jul 1975
Repealed by Australian Film Commission Act 1975

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970 [Note: This Act is "repealed" by Act No. 6 of 1975]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - TABLE OF PROVISIONS

TABLE


AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation

PART II-ESTABLISHMENT OF THE AUSTRALIAN FILM DEVELOPMENT
CORPORATION

5. Establishment of Australian Film Development Corporation
6. Composition of the Corporation
7. Acting appointments
8. Remuneration and allowances
9. Leave of absence
10. Dismissal of members
11. Resignation
12. Vacation of office
13. Members to notify certain interests
14. Meetings of the Corporation
15. Delegation

PART III-THE AUSTRALIAN FILM DEVELOPMENT FUND

16. Establishment of Fund
17. Bank account for purposes of the Fund
18. Payments into the Fund
19. Application of the Fund

PART IV-FUNCTIONS AND POWERS OF THE CORPORATION

20. Functions of the Corporation
21. Powers of the Corporation

PART V-MISCELLANEOUS

22. Staff
23. (Repealed)
24. Corporation to be deemed to be Commonwealth authority
25. Proper accounts to be kept
26. Audit
27. Corporation not subject to taxation
28. Reports
29. Regulations

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 1.
Short title.

SECT


AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973
An Act to establish a Corporation for the purpose of encouraging the Making of Australian Cinematograph and Television Films and encouraging the Distribution of such Films within and outside Australia.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Australian Film Development Corporation Act 1970-1973.*

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 4.
Interpretation.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
4. (1) In this Act, unless the contrary intention appears-

''approved bank'' means the Reserve Bank of Australia, or another bank approved by the Treasurer for the purposes of the provision in which the expression occurs;

''Australia'' includes all the Territories;

''Australian film'' means-

(a) a film that has been made wholly or substantially in Australia and, in the opinion of the Corporation, has a significant Australian content;

(b) a film that is to be made wholly or substantially in Australia and, in the opinion of the Corporation, will have a significant Australian content; or

(c) a film that has been, or is to be, made in pursuance of an agreement or arrangement entered into between the Government of the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country;

''film'' means a recording on material of any kind (including magnetic tape) of moving images, with or without associated sounds, including such a recording for use in, or as, a television programme;

''member'' means a member of the Corporation and includes the Chairman and an acting member;

''producer'', in relation to a film, means the person by whom the arrangements necessary for the making of the film are undertaken;

''the Chairman'' means the Chairman of the Corporation, and includes an acting Chairman;

''the Corporation'' means the Australian Film Development Corporation established by this Act;

''the Executive Officer'' means the Executive Officer of the Corporation;

''the Fund'' means the Australian Film Development Fund established under section 16 of this Act.

(2) In forming an opinion whether a film has or will have a significant Australian content, the Corporation shall have regard to-

(a) the subject-matter of the film;

(b) the place or places where the film was, or is to be, made;

(c) the places of residence of the persons taking part in the making of the film (including authors, musical composers, actors and technicians);

(d) the source from which moneys to be used in the making of the film will be derived;

(e) the ownership of the shares or stock in the capital of any company concerned in the making of the film;

(f) the ownership of the copyright in the film; and

(g) any other matters that it thinks relevant.

(3) A reference in this Act to a business of exhibiting films includes a reference to the business of operating a commercial television station within the meaning of the Broadcasting and Television Act 1942-1969.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 5.
Establishment of Australian Film Development Corporation.

SECT

PART II-ESTABLISHMENT OF THE AUSTRALIAN FILM DEVELOPMENT CORPORATION
5. (1) There is hereby established a corporation by the name of the Australian Film Development Corporation.

(2) The Corporation-

(a) is a body corporate with perpetual succession and a common seal; and

(b) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.

(3) All courts, judges and persons acting judicially shall take notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 6.
Composition of the Corporation.

SECT

6. (1) The Corporation shall consist of a Chairman and four other members.

(2) The members shall be appointed by the Governor-General.

(3) A person shall not be appointed as a member if he has a direct or indirect pecuniary interest in a business of making, distributing or exhibiting films or in a corporation carrying on such a business.

(4) Subject to this Act, a member holds office for such period, not exceeding five years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

(5) The performance of the functions of the Corporation is not affected by reason of there being a defect in the appointment of a member or a vacancy in the office of a member.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 7.
Acting appointments.

SECT

7. (1) Where the Chairman or any other member is, or is about to be, absent or not available to perform the functions of his office or there is a vacancy in the office of the Chairman or of any other member, the Governor-General may appoint a person who is eligible for appointment as a member to be an acting member while the Chairman or other member is absent or not available to perform the functions of his office or until the filling of the vacancy, as the case may be.

(2) Where the Chairman is, or is about to be, absent or not available to perform the functions of his office or there is a vacancy in the office of the Chairman, the Governor-General may appoint a member to be the acting Chairman while the Chairman is absent or not available to perform the functions of his office or until the filling of the vacancy, as the case may be.

(3) The Governor-General may at any time terminate an appointment made by him under this section.

(4) The validity of a decision of the Corporation shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment under this section had ceased to have effect.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 8.
Remuneration and allowances.

SECT

Sub-section (1) substituted by No. 123, 1970, s. 3.
8. (1) For each day on which a member attends a meeting of the Corporation, he shall be paid-

(a) in the case of a member being the Chairman-

(i) if the duration of the meeting is not less than three hours-Forty dollars; or

(ii) if the duration of the meeting is less than three hours- Twenty-five dollars; or

(b) in the case of a member not being the Chairman-

(i) if the duration of the meeting is not less than three hours-Thirty-five dollars; or

(ii) if the duration of the meeting is less than three hours- Twenty dollars.
Inserted by No. 123, 1970, s. 3.

(1A) The last preceding sub-section does not apply in relation to a member who-

(a) is an officer of, or is temporarily employed in, the Public Service of the Commonwealth; or

(b) is an officer of, or is employed by, an authority of the Commonwealth and is required by the terms of his employment to give the whole of his time to the duties of his employment.

(2) A member shall be paid such allowances for travelling expenses as are prescribed.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 9.
Leave of absence.

SECT

9. The Minister may grant leave of absence to a member upon such terms and conditions as to remuneration or otherwise as the Minister determines.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 10.
Dismissal of members.

SECT

10. The Governor-General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 11.
Resignation.

SECT

11. A member may resign his office by writing under his hand delivered to the Governor-General.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 12.
Vacation of office.

SECT

12. (1) Subject to this section, if a member-

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(b) is absent, except on leave granted by the Minister, from three consecutive meetings of the Corporation;

(c) after his appointment as a member, becomes a person who has a direct or indirect pecuniary interest in a business of making, distributing or exhibiting films or in a corporation carrying on such a business; or

(d) without reasonable excuse, fails to comply with his obligations under the next succeeding section,
the Governor-General shall remove the member from office.

(2) Where paragraph (c) of the last preceding sub-section becomes applicable to a member otherwise than by reason of a voluntary act of the member, the Governor-General is not required to remove the member from office unless the member fails to divest himself of the interest as soon as reasonably practicable.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 13.
Members to notify certain interests.

SECT

13. (1) A member who becomes a person who has a direct or indirect pecuniary interest in a business of making, distributing or exhibiting films or in a corporation carrying on such a business shall, as soon as possible, give written notice to the Minister that he has become such a person and of the nature of the interest.

(2) A member who has a direct or indirect pecuniary interest in a contract made or proposed to be made by the Corporation, being an interest otherwise than as a member of, and in common with the other members of, a company consisting of not less than twenty-five persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Corporation.

(3) A disclosure under the last preceding sub-section shall be recorded in the minutes of the meeting of the Corporation, and the member-

(a) shall not take part after the disclosure in any deliberation or decision of the Corporation with respect to that contract; and

(b) shall be disregarded for the purpose of constituting a quorum of the Corporation for any such deliberation or decision.

(4) If an interest referred to in sub-section (2) of this section is patent, that sub-section does not apply, but the last preceding sub- section applies as if there has been a disclosure in accordance with subsection (2) of this section.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 14.
Meetings of the Corporation.

SECT

14. (1) Meetings of the Corporation shall be convened by the Chairman but if there is no Chairman, or the Chairman is not available to convene a meeting, the Minister may convene a meeting.

(2) The Chairman shall preside at all meetings of the Corporation at which he is present.

(3) If the Chairman is not present at a meeting of the Corporation, the members present shall elect one of their number to preside at that meeting.

(4) At a meeting of the Corporation, three members constitute a quorum.

(5) Subject to this section, questions arising at a meeting of the Corporation shall be determined by a majority of votes of the members present.

(6) At a meeting of the Corporation, the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(7) The Executive Officer or a person performing the duties of the Executive Officer shall, as far as practicable, attend all meetings of the Corporation but he shall, if so directed by the Corporation, temporarily retire from a meeting.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 15.
Delegation.

SECT

15. (1) The Corporation may, by writing under its common seal, but subject to the approval of the Minister, delegate to a member or to the Executive Officer, either generally or otherwise as provided by the instrument of delegation, all or any of its powers under this Act (except this power of delegation).

(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation and, when so exercised, shall, for the purposes of this Act, be deemed to have been exercised by the Corporation.

(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Corporation.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 16.
Establishment of Fund.

SECT

PART III-THE AUSTRALIAN FILM DEVELOPMENT FUND
16. (1) There is hereby established a fund to be known as the Australian Film Development Fund.

(2) The Fund is vested in the Corporation.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 17.
Bank account for purposes of the Fund.

SECT

17. (1) The Corporation shall cause an account to be opened and maintained with an approved bank for the purposes of the Fund.

(2) Payment into the account of moneys payable into the Fund shall be deemed to be payment of those moneys into the Fund.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 18.
Payments into the Fund.

SECT

18. (1) There shall be paid into the Fund out of the Consolidated Revenue Fund, which is appropriated accordingly, an amount of One million dollars.

(2) There shall also be paid into the Fund-

(a) any moneys appropriated by law for the purposes of the Fund;

(b) any moneys paid to the Corporation for the purposes of the Fund;

(c) any interest on, and repayments of, loans made out of the Fund;

(d) any moneys paid to or recovered by the Corporation as a result of payments made by the Corporation in pursuance of guarantees given by the Corporation;

(e) the proceeds of the sale of any property acquired out of moneys standing to the credit of the Fund;

(f) any income derived from the investment of moneys standing to the credit of the Fund; and

(g) any other moneys derived as a result of the expenditure of moneys standing to the credit of the Fund.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 19.
Application of the Fund.

SECT

19. (1) Moneys in the Fund may be applied only for the purposes of-

(a) the performance of the functions of the Corporation under this Act; and

(b) the payment of remuneration or allowances to members.

(2) Moneys in the Fund not immediately required for the purposes specified in the last preceding sub-section may be invested in the name of the Corporation-

(a) on deposit with an approved bank being-

(i) a fixed deposit; or

(ii) a deposit of such other kind as the Treasurer, by instrument under his hand, approves;

(b) in securities of the Commonwealth; or

(c) subject to such conditions, if any, as the Treasurer, by instrument under his hand, determines-by way of loan to a person for the time being approved by the Treasurer upon the security of securities of the Commonwealth.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 20.
Functions of the Corporation.

SECT

PART IV-FUNCTIONS AND POWERS OF THE CORPORATION
20. (1) The functions of the Corporation are to encourage the making of Australian films and to encourage the distribution of Australian films both within and outside Australia.

(2) The Corporation shall exercise its functions with a view to the achievement of high technical and artistic standards in Australian films.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 21.
Powers of the Corporation.

SECT

21. (1) The Corporation has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions and, without limiting the generality of the foregoing, has power-

(a) to make loans on such terms and conditions, including conditions as to repayment of principal and payment of interest, as the Corporation thinks fit, to producers of Australian films;

(b) to guarantee-

(i) the due repayment of loans (including bank overdrafts) made to producers of Australian films; and

(ii) the due payment of interest on such loans;

(c) to provide financial assistance to producers of Australian films under arrangements that entitle the Corporation to receive a share of the proceeds derived from the sale, hire or exhibition of the films or the inclusion of the films in television programmes but do not render the Corporation liable for any debts incurred by those producers; and

(d) subject to the approval of the Minister, to form, or participate with another person in the formation of, a company for the purpose of carrying on the business of the distribution of Australian films and to acquire, hold and dispose of shares or stock in the capital of a company carrying on such a business.

(2) The power of the Corporation to give guarantees in accordance with paragraph (b) of the last preceding sub-section is subject to such limits as the Treasurer determines as to the total amount of moneys (other than interest) the payment of which may at any time be the subject of such guarantees.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 22.
Staff.

SECT

PART V-MISCELLANEOUS
22. (1) The Corporation shall appoint a person to be the Executive Officer of the Corporation.

(2) The Executive Officer shall, under the Corporation, manage the affairs of the Corporation.

(3) The Corporation may employ such persons in addition to the Executive Officer as it thinks necessary for the purposes of the Corporation.

(4) The terms and conditions of employment of the Executive Officer and of persons employed under the last preceding sub-section are such as are determined by the Corporation with the approval of the Public Service Board.
Amended by No. 216, 1973, s. 3.

(5) Where a person employed by the Corporation was, immediately before becoming so employed, an officer of the Public Service of the Commonwealth-

(a) he retains his existing and accruing rights; and

(b) for the purpose of determining those rights, his service as a person so employed shall be taken into account as if it were service in the Public Service of the Commonwealth.
Section 23 repealed by No. 216, 1973, s. 3.
* * * * * * * *

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 24.
Corporation to be deemed to be Commonwealth authority.

SECT

24. The Corporation shall be deemed to be-

(a) a Commonwealth authority for the purposes of the definition of ''Approved authority'' in sub-section (1) of section 4 of the Superannuation Act 1922-1969;

(b) a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Liability) Act 1963-1966;* and

(c) an authority of the Commonwealth for the purposes of the Commonwealth Employees' Furlough Act 1943-1968.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 25.
Proper accounts to be kept.

SECT

25. The Corporation shall cause to be kept proper accounts and records of the transactions and affairs of the Corporation in accordance with the accounting principles generally applied in commercial practice and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Corporation and over the incurring of liabilities by the Corporation.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 26.
Audit.

SECT

26. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Corporation and records relating to assets of, or in the custody of, the Corporation, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in the last preceding sub-section.

(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1) of this section.

(4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Corporation relating directly or indirectly to the receipt or payment of moneys by the Corporation or to the acquisition, receipt, custody or disposal of assets by the Corporation.

(5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(6) The Auditor-General or an officer authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized officer considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

(7) A person who contravenes the last preceding sub-section is guilty of an offence punishable, upon conviction, by a fine not exceeding Two hundred dollars.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 27.
Corporation not subject to taxation.

SECT

Amended by No. 216, 1973, s. 3.
27. The income and transactions of the Corporation are not subject to taxation under any law of the Commonwealth, of a State or of a Territory.

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 28.
Reports.

SECT

28. (1) The Corporation shall, as soon as practicable after each thirtieth day of June, prepare and furnish to the Minister a report of its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.

(2) Before furnishing financial statements to the Minister, the Corporation shall submit them to the Auditor-General, who shall report to the Minister-

(a) whether the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records and show fairly the financial operations and the state of the affairs of the Corporation;

(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Corporation during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

(3) The Minister shall cause the report and financial statements, together with the report of the Auditor-General, to be laid before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.
Sub-section (4) omitted by No. 216, 1973, s. 3.
* * * * * * * *

AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - SECT. 29.
Regulations.

SECT

29. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970-1973 - NOTES


NOTES
1. The Australian Film Development Corporation Act 1970-1973 comprises the Australian Film Development Corporation Act 1970 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------

Australian Film Development
Corporation Act 1970 No. 21, 1970 17 June 1970 17 Aug 1970 (see
Gazette 1970, p.
5687)
Australian Film Development
Corporation Act (No. 2)
1970 No. 123, 1970 11 Nov 1970 11 Nov 1970
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 24 (b)-Now cited as the Air Accidents (Australian Government Liability) Act 1963-1973.