Bounty (Photographic Film) Regulations (Cth)

Statutory Rules 1989 No. 4151

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Bounty (Photographic Film) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Bounty (Photographic Film) Act 1989.

Dated 21 December 1989.

BILL HAYDEN

Governor-General

By His Excellency's Command,

PETER WALSH

Minister of State for Finance

for and on behalf of the

Minister of State for Industry, Technology

and Commerce

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Citation

1. These Regulations may be cited as the Bounty (Photographic Film) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears:

"agreement" means a Photographic Industry Development Agreement entered into in accordance with the condition referred to in subregulation 4(1);

"strip", in relation to bountiable photographic film, means a strip of such film, 35 millimetres in width, that is spooled into a 35 millimetre cassette in the course of finishing operations;

"the Act" means the Bounty (Photographic Film) Act 1989.

Prescribed conditions—subsection 16 (5) of the Act

3. For the purposes of subsection 16 (5) of the Act, the conditions to be met by an applicant for registration under section 16 of the Act are:

(a) the condition that, in relation to the production of bountiable photographic film, the applicant possesses, at the time the application is made, the production facilities and technical and management skills necessary to carry out finishing operations in respect of 80 million strips of such film per year; and

(b) the condition that, in relation to the production of such film, the applicant employs at least 400 persons in relevant activities in respect of such film at the time the application is made.

Prescribed conditions—subsection 16 (7) of the Act

4. (1) For the purposes of subsection 16 (7) of the Act, the conditions to be complied with by a person registered under section 16 of the Act, in connection with the production of, or sensitising or finishing operations in respect of, bountiable photographic film of a kind that is, or may be, produced in Australia, are:

(a) the condition that, before 1 July 1990, the person enters into an agreement to be called a Photographic Industry Development Agreement with the Commonwealth that includes the information specified in subregulation (2); and

(b) the condition that the person possesses, during the whole of the period from and including 1 January 1990 to and including 31 December 1994, the capacity to carry out finishing operations in relation to at least 6 million square metres of such film per year using the facilities and skills referred to in paragraph 3 (a); and

(c) the condition that the person, during the whole of the period from and including 1 January 1990 to and including 31 December 1992, employs at least 400 persons in relevant activities in respect of such film; and

(d) the condition that the person, during the whole of the period from and including 1 January 1993 to and including 31 December 1994, employs at least 200 persons in finishing operations in respect of such film; and

(e) the condition that the person ensures that, where the person has the sole right to produce or to distribute any such film, being a right that is in force at the time the person enters into an agreement, that right is maintained without diminution until the expiry of 31 December 1994; and

(f) the condition that the person, for such period as the person remains registered under section 16, satisfies the Comptroller or an officer appointed by the Comptroller for that purpose, not later than 30 days after each anniversary of the day on which an agreement is entered into by the person, that the person has, in accordance with that agreement, planned improvements in productivity in relation to

the production of such film by the person, to take effect before the next succeeding anniversary of that day, being improvements relating to:

(i) award restructuring; and

(ii) inventory management; and

(iii) management of running costs; and

(iv) production efficiencies; and

(g) the condition that the person, for such period as the person remains registered under section 16, satisfies the Comptroller not later than 30 days after each anniversary of the day on which an agreement is entered into by the person, that the amounts of advances on account of bounty (if any) paid to the person, or payable to the person before the next succeeding anniversary of that day, have been, or will be, invested within Australia for the purposes of improving or enlarging the person's capacity to produce such film.

(2) For the purposes of subregulation (1), the information to be included in an agreement is the following information in relation to the person registered under section 16 of the Act:

(a) the person's level of activity, at the time the agreement is entered into, in international markets in respect of:

(i) the production, wholly or in part; and

(ii) the supply;

of bountiable photographic film of a kind that is, or may be, produced in Australia as a proportion of all activity in those markets in respect of all bountiable photographic film; and

(b) the person's business objectives, in relation to bountiable photographic film of a kind that is, or may be, produced in Australia, in respect of the period from and including 1 January 1990 to and including 31 December 1994 and the person's plans for achieving those objectives; and

(c) the person's plans in respect of:

(i) numbers of employees, investment, research and development within Australia; and

(ii) production output;

in relation to production of bountiable photographic film of a kind that is, or may be, produced in Australia, during the period from and including 1 January 1990 to and including 31 December 1994; and

(d) the person's plans in respect of the use to be made of bounty or advances on account of bounty that are paid to the person.

(3) In this regulation:

"award restructuring" means implementing, in accordance with the terms of an award within the meaning of the Industrial Relations Act 1988, any requirements of that award that apply to the person

and to employees of the person in connection with production of bountiable photographic film:

(a) to vary the employment duties of those employees; and

(b) to develop the employment skills of those employees; and

(c) to enter into new awards that take account of growth in employee skills.

NOTE

1. Notified in the Commonwealth of Australia Gazette