Australian
Film Commission Amendment Act 1980
No. 71 of 1980
An
Act to amend the Australian Film
Commission Act 1975
[Assented to 28 May 1980]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title, &c.
1. (1) This Act may be
cited as the Australian Film Commission
Amendment Act 1980.
(2)
The Australian Film Commission Act 1975
is in this Act referred to as the Principal Act.
Commencement
2. The provisions of this
Act shall come into operation on such date as is, or such respective dates as
are, fixed by Proclamation.
Interpretation
3. Section 3 of the
Principal Act is amended by inserting in the definition of “special activities”
in sub-section (1) “or the promotion or distribution,” after “the commissioning
of the making,”.
Functions
of Commission
4. Section 5 of the
Principal Act is amended by omitting from paragraph (b) of sub-section (1) “subject
to the approval of the Minister,”.
Directions
to Commission by Minister
5. Section 8 of the
Principal Act is amended—
(a)
by omitting from sub-section (1) “, except as provided by sub-section (2),”;
and
(b)
by omitting sub-section (2).
Constitution
of Commission
6. Section 15 of the
Principal Act is amended by omitting sub-sections (3) and (4) and substituting
the following sub-sections:
“(3) The members of the Commission
shall be appointed either as full-time members or as part-time members.
“(4) The members of the Commission
may include not more than one member of the staff of the Commission.”.
Terms
and conditions of appointment
7. Section 16 of the
Principal Act is amended by omitting from sub-section (2) “the Chairman or
other full-time member” (wherever occurring) and substituting “a full-time
member”.
Leave
of absence
8. Section 18 of the
Principal Act is amended by omitting “the Chairman or other full-time member”
and substituting “a full-time member”.
Deputy
Chairman
9. Section 19 of the
Principal Act is amended by omitting from sub-section (1) “full-time”.
Acting
members
10. Section 20 of the
Principal Act is amended—
(a)
by inserting in sub-section (3) “or is, for any other reason, unable to perform
the duties of his office” after “Australia”;
(b)
by omitting from paragraph (b) of sub-section (3) “full-time”;
(c)
by inserting in paragraph (b) of sub-section (3) “or inability” after “absence”;
and
(d)
by omitting sub-section (4) and substituting the following sub-section:
“(4)
Where a member other than the Chairman is acting in the place of the Chairman,
is absent from duty or from Australia, or is, for any other reason, unable to
perform the duties of his office, the Minister may appoint a person to act in
the place of that member during the period during which that member is so
acting, absent or unable to perform the duties of his office.”.
Persons
having certain interests not to be eligible for appointment, &c.
11. Section 21 of the
Principal Act is amended by omitting from paragraph (b) “the Chairman or
another full-time member” and substituting “a full-time member”.
Disclosure
of interests
12. Section 22 of the
Principal Act is amended by omitting from sub-section (1) “the Chairman or
another full-time member” and substituting “a full-time member”.
Termination
of appointment
13. Section 23 of the
Principal Act is amended by omitting from paragraph (b) of sub-section (2) “the
Chairman or other full-time member” and substituting “a full-time member”.
Rights
of public servants
14. Section 27 of the
Principal Act is amended—
(a)
by omitting “was, immediately before his appointment,” and substituting “of the
Commission or appointed or engaged as a full-time member of the staff of the
Commission was, immediately before his appointment or engagement,”; and
(b)
by omitting from paragraph (b) “as Chairman or other full-time member” and
substituting “in pursuance of that appointment or engagement”.
Meetings
15. Section 28 of the
Principal Act is amended by omitting from sub-section (2)”, including 2
full-time members”.
16. Section 29 of the
Principal Act is repealed and the following section is substituted:
Staff
of Commission
“29. (1) The Commission may appoint
such officers and engage such employees as it thinks necessary for the
performance of its functions.
“(2) The terms and conditions of
service or employment of persons so appointed or engaged (in respect of matters
not provided for by this Act) shall be such as are determined by the Commission
with the approval of the Public Service Board.”.
Restrictions
on financial transactions
17. Section 35 of the
Principal Act is amended by adding at the end thereof the following
sub-section:
“(2) Paragraphs (1)(a) and (b) do
not apply to transactions relating to the making, promotion, distribution or
broadcasting of programs.”.
Repeal
of section 36
18. Section 36 of the
Principal Act is repealed.
Transitional
19.