AUSTRALIAN FILM DEVELOPMENT CORPORATION ACT 1970 [Note: This Act is "repealed" by Act No. 6 of 1975]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 (Repealed)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 (Repealed)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Section 3 repealed by No. 216, 1973, s. 3.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.