Screen Australia Act 2008
No. 12, 2008
An Act to establish Screen Australia, and for related purposes
[Assented to 20 March 2008]
The Parliament of Australia enacts:
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.
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Commencement
information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 and 2 and anything in this Act not
elsewhere covered by this table
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The day on which this Act receives the Royal Assent.
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20 March 2008
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2. Sections 3 to 45
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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.
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1 July 2008
(see F2008L01863)
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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 Commonwealth Authorities and Companies
Act 1997 applies to Screen Australia. That Act deals with matters relating
to Commonwealth authorities, including reporting and accountability, banking
and investment, and conduct of officers.
(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.
(2) While the Deputy Chair is acting as the
Chair:
(a) the Deputy Chair has, and may
exercise, all the Chair’s powers, and must perform all the Chair’s functions
and duties; and
(b) this Act, and all other Acts,
apply to the Deputy Chair as if he or she were the Chair.
(3) Anything done by or in relation to the
Deputy Chair when purporting to act under subsection (1) is not invalid
merely because the occasion to act had not arisen or had ceased.
(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.
(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.
(6) Anything done by or in relation to a
person purporting to act under an appointment under subsection (4) or (5)
is not invalid merely because:
(a) the occasion for the appointment
had not arisen; or
(b) there was a defect or irregularity
in connection with the appointment; or
(c) the appointment had ceased to have
effect; or
(d) the occasion to act had not arisen
or had ceased.
Note: For more information about 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
(b) the member fails, without
reasonable excuse, to comply with an obligation imposed on him or her by
section 27F or 27J of the Commonwealth Authorities and Companies Act
1997; or
(c) the member is absent, except on
leave of absence, from 3 consecutive meetings of the Board.
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
section 27J of the Commonwealth Authorities and Companies Act 1997 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 Commonwealth
Authorities and Companies Act 1997, 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
(1) 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.
(2) Anything done by or in relation to a
person purporting to act under an appointment under subsection (1) is not
invalid merely because:
(a) the occasion for the appointment
had not arisen; or
(b) there was a defect or irregularity
in connection with the appointment; or
(c) the appointment had ceased to have
effect; or
(d) the occasion to act had not arisen
or had ceased.
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
The CEO must give written notice to the
Minister and the Board of all material personal interests that the CEO has or
acquires that conflict or could conflict with the proper performance of the CEO’s
duties.
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 27; 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) The Board must prepare a corporate plan
for Screen Australia at least once a year.
(2) The plan must cover a period of at least
3 years.
(3) The Minister may give the Board written
instructions with which the Board must comply in preparing the plan and any
variations to the plan.
(4) An instruction given under
subsection (3) is not a legislative instrument.
36
Contents of corporate plan
(1) The plan must include details of the
following matters:
(a) a statement of the objectives that
Screen Australia will pursue;
(b) the strategies and policies that
Screen Australia will adopt to achieve those objectives;
(c) performance indicators for the
assessment of Screen Australia’s performance of its functions;
(d) the investment and financing
programs of Screen Australia, including strategies for managing financial risk;
(e) the financial targets and
projections for Screen Australia;
(f) an analysis of factors likely to
affect achievement of targets or create significant financial risk for Screen
Australia or for the Commonwealth;
(g) a review of performance since the
start of the year previous to the year in which the plan is prepared, measured
against the most recent plan for any part of that period;
(h) such other matters (if any) as the
Minister directs.
(2) The plan may include any other matters.
(3) If a direction under paragraph (1)(h)
is in writing, the direction is not a legislative instrument.
37
Approval of corporate plan by Minister
(1) The plan must be given to the Minister
for his or her approval before the start of the period to which the plan
relates.
(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 Financial Management and Accountability Act 1997.
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 of surplus money of Screen Australia under section 18 of the Commonwealth
Authorities and Companies Act 1997.
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:
(a) transactions relating to the
functions described in subparagraph 6(1)(b)(i); or
(b) the investment of money by Screen
Australia under section 18 of the Commonwealth Authorities and
Companies Act 1997.
(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 on Screen Australia
under section 9 of the Commonwealth Authorities and Companies Act 1997
must include:
(a) the guarantees given by Screen
Australia during the period to which the report relates; 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 1: Section 42 (disallowance) of the Legislative
Instruments Act 2003 does not apply to the direction—see section 44 of
that Act.
Note 2: Part 6 (sunsetting) of the Legislative
Instruments Act 2003 does not apply to the direction—see section 54 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 16 of the Commonwealth Authorities and Companies Act 1997.
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.
[Minister’s second reading speech made in—
House of Representatives on 20 February 2008
Senate on 13 March 2008]