Film and Television Industry Act 1988 (NSW)

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

An Act relating to the New South Wales film and television industry.

long title: Am 1996 No 82, Sch 1 [1]; 2014 No 26, Sch 1 [1].

Part 1Preliminary1Name of Act

This Act is the Film and Television Industry Act 1988.

s 1: Subst 1996 No 82, Sch 1 [2]. Am 2014 No 26, Sch 1 [2].

2Commencement

This Act commences on a day to be appointed by proclamation.

3Definitions(1)

In this Act—

Advisory Committee means the Film and Television Industry Advisory Committee established under section 5.

Department means the Department of Department of Enterprise, Investment and Trade.

film means a recording in or on any material from which images, with or without associated sounds, may be produced and includes a film made for television or for any other means of dissemination.

making, in relation to a film, includes the preparation of film sets, the writing of film scripts and the doing of all other things necessary to enable the making of the film to commence.

producer, in relation to a film, means the person by whom arrangements necessary for production of the film are undertaken.

Secretary means the Secretary of the Department.

sound recording means a recording in or on any material from which sounds may be reproduced.

(2)

In this Act—

• (a)

  a reference to a function includes a reference to a power, authority and duty, and

• (b)

  a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3)

Notes included in this Act do not form part of this Act.

s 3: Am 1996 No 82, Sch 1 [3]–[5]; 2005 No 64, Sch 1.10 [1]; 2006 No 2, Sch 4.17 [1]; 2006 No 120, Sch 3.10 [1]; 2007 No 27, Sch 2.19; 2014 No 26, Sch 1 [3] [4]; 2022 No 59, Sch 3.23.

3AObjects

The objects of this Act are to assist, promote and strengthen the film and television industry in New South Wales so as to promote Australia’s cultural identity, encourage the employment of Australians in all aspects of film and television production, encourage investment in the industry, enhance the industry’s export potential, encourage innovation and enhance quality in the industry.

s 3A: Ins 2014 No 26, Sch 1 [5].

Part 2Assistance to film and television industry

pt 2: Subst 2014 No 26, Sch 1 [6].

pt 2, div 1, hdg: Ins 1996 No 82, Sch 1 [6]. Rep 2014 No 26, Sch 1 [6].

4Functions of Secretary(1)

The Secretary has the following functions under this Act—

• (a)

  to provide financial and other assistance to the film and television industry in carrying out the industry’s activities in New South Wales and to disseminate information about those activities,

• (b)

  to provide financial and other assistance for persons (including directors, producers, actors, writers and technicians) whose work in the film and television industry merits encouragement,

• (c)

  to provide financial and other assistance for script and project development for film and television,

• (d)

  to contribute, financially and otherwise, to the work of film festivals and markets,

• (e)

  to assist in the promotion of public interest in film as a medium of communication and as an art form and in the development of an informed and critical film audience,

• (f)

  to provide policy and support services and advice to Government agencies on the production of films and sound recordings,

• (g)

  to undertake the production of films or sound recordings on behalf of the State or for any other person, body or organisation (including any Government agency),

• (h)

  to carry out such obligations and responsibilities determined by the Minister as may be necessary for the maintenance and administration of the film catalogue vested in the State.

(2)

The Secretary has the power to do all things that may be necessary or convenient to be done for or in connection with the exercise of the Secretary’s functions, including, but not limited to, the power to impose such charges or fees in respect of access to, or use of, any of the resources, facilities or services of the Department as the Secretary thinks fit.

(3)

The Secretary may delegate to an employee of the Department any of the Secretary’s functions under this Act other than this power of delegation.

s 4: Am 1996 No 82, Sch 1 [7]. Subst 2014 No 26, Sch 1 [6].

4A

(Repealed)

s 4A: Ins 1996 No 82, Sch 1 [8]. Rep 2014 No 26, Sch 1 [6].

5Advisory Committee(1)

There is to be a Film and Television Industry Advisory Committee comprising members appointed by the Minister.

(2)

The composition of the Advisory Committee is to be determined by the regulations.

(3)

The Advisory Committee has the following functions—

• (a)

  to advise the Minister on the operation of the film and television industry in New South Wales,

• (b)

  any other functions prescribed by the regulations or agreed between the Minister and the Advisory Committee.

(4)

The regulations may make provision for or with respect to the members and procedure of the Advisory Committee.

s 5: Am 1996 No 82, Sch 1 [9] [10]; 2005 No 64, Sch 1.10 [2]. Rep 2006 No 2, Sch 4.17 [2]. Ins 2014 No 26, Sch 1 [6].

6–6E

(Repealed)

s 6: Subst 1996 No 82, Sch 1 [11]. Am 2006 No 2, Sch 4.17 [3]. Rep 2014 No 26, Sch 1 [6].

pt 2, div 2 (s 6A): Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].

pt 2, div 2 (s 6A): Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].

pt 2, div 3: Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].

s 6B: Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].

s 6C: Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].

s 6D: Ins 1996 No 82, Sch 1 [11]. Am 2006 No 120, Sch 1.10 [2]. Rep 2014 No 26, Sch 1 [6].

s 6E: Ins 1996 No 82, Sch 1 [11]. Am 2006 No 120, Sch 1.10 [2]. Rep 2014 No 26, Sch 1 [6].

Part 37, 8

(Repealed)

pt 3: Rep 2014 No 26, Sch 1 [7].

s 7: Rep 2014 No 26, Sch 1 [7].

s 8: Rep 2005 No 64, Sch 1.10 [3].

Part 4Miscellaneous9

(Repealed)

s 9: Rep 2014 No 26, Sch 1 [8].

9APersonal liability

A matter or thing done or omitted to be done by the Secretary, a member of the Advisory Committee or any person acting under the direction of the Secretary or a member of the Advisory Committee does not, if the matter or thing was done or omitted in good faith for the purpose of executing this Act, subject the Secretary, member or person so acting personally to any action, liability, claim or demand.

s 9A: Ins 1996 No 82, Sch 1 [12]. Am 2006 No 120, Sch 1.10 [2]. Subst 2014 No 26, Sch 1 [9].

10, 11

(Repealed)

s 10: Rep 2014 No 26, Sch 1 [8].

s 11: Rep 2014 No 26, Sch 1 [8].

12Regulations

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

13Savings, transitional and other provisions

Schedule 1 has effect.

14Repeal

The New South Wales Film Corporation Act 1977 is repealed.

15

(Repealed)

s 15: Rep 1996 No 82, Sch 1 [13].

Schedule 1Savings, transitional and other provisions

(Section 13)

Part 1Preliminary1Savings and transitional regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any Act that amends this Act.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2Provisions consequent on enactment of Film and Television Office Act 19881ADefinitions

In this Schedule—

appointed day means the day appointed under section 2.

repealed Act means the New South Wales Film Corporation Act 1977.

2Dissolution of Film Corporation

The New South Wales Film Corporation is dissolved.

3Office holders under repealed Act(1)

A person who, immediately before the appointed day, held office under the repealed Act as—

• (a)

  a director, or

• (b)

  the chief executive officer, or

• (c)

  holder of a special office under section 7 of that Act,

ceases to hold office as such on that day.

(2)

A person who, under subclause (1), ceases to hold an office is not entitled to be paid any remuneration or compensation because of ceasing to hold the office.

4Continuity of the Office

The Office is a continuation of, and the same legal entity as, the New South Wales Film Corporation constituted by section 4 of the repealed Act.

5Superseded references

On and from the appointed day, a reference in any other Act, or in any instrument made under an Act, or in any other instrument of any kind, to the New South Wales Film Corporation shall be read as a reference to the New South Wales Film and Television Office.

6Finance

On the appointed day, the Office shall transfer to the credit of the New South Wales Film and Television Office Account established under section 7 the money at credit immediately before that day in the New South Wales Film Corporation Management Account then maintained under section 19 of the repealed Act.

Part 3Provisions consequent on enactment of Film Industry Amendment Act 19967Saving of existing delegations

Any delegation under section 9 that was in force immediately before the commencement of the Film Industry Amendment Act 1996 continues in force until it is revoked.

Part 4Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 20068Construction of references to Director

Unless the regulations otherwise provide, on and from the commencement of this clause, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind, to the Director of the New South Wales Film and Television Office is to be read as a reference to the chief executive officer of the New South Wales Film and Television Office.

Part 5Provisions consequent on enactment of Trade and Investment Cluster Governance (Amendment and Repeal) Act 20149Dissolution of bodies and transfer of assets etc(1)

The following bodies established under this Act are dissolved—

• (a)

  the New South Wales Film and Television Office (the Office),

• (b)

  the Board of the New South Wales Film and Television Office (the Board).

(2)

The assets, rights and liabilities of the Office immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Crown.

(3)

Section 27 of the Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014 applies to the transfer of the assets, rights and liabilities of the Office by the operation of this clause and so applies as if it were a transfer pursuant to Parts 2–6 of that Act when this clause takes effect.

(4)

The persons who were members of the Board immediately before its dissolution cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.

(5)

In this clause—

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

10References to New South Wales Film and Television Office

A reference in any other Act, in any instrument made under any Act or in any document of any kind to the New South Wales Film and Television Office is to be construed as a reference to the Crown.

11New South Wales Film and Television Office Account(1)

The New South Wales Film and Television Office Account established under section 7 is abolished.

(2)

Any balance standing to the credit of that account immediately before its abolition is transferred to the Consolidated Fund.

sch 1: Am 1996 No 82, Sch 1 [14]–[16]; 2006 No 120, Sch 1.10 [3]; 2014 No 26, Sch 1 [10] [11].

Schedule 2

(Repealed)

sch 2: Subst 1996 No 82, Sch 1 [17]. Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2003 No 40, Sch 1.14; 2005 No 64, Sch 1.10 [4] [5]. Rep 2014 No 26, Sch 1 [12].

Historical notesTable of amending instruments

Film and Television Industry Act 1988 No 18 (formerly Film and Television Office Act 1988 and Film Industry Act 1988). Assented to 28.6.1988. Date of commencement, 1.7.1988, sec 2 and GG No 110 of 1.7.1988, p 3465. This Act has been amended as follows—

1996	No 82	Film Industry Amendment Act 1996. Assented to 6.11.1996. Date of commencement, 2.12.1996, sec 2 and GG No 137 of 29.11.1996, p 7720.
1999	No 94	Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184.
2003	No 40	Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 1.14, assent, sec 2 (2).
2005	No 64	Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 1.10, assent, sec 2 (2).
2006	No 2	Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378.
No 120	Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 1, assent, sec 2 (2).
2007	No 27	Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 2, assent, sec 2 (2).
2014	No 26	Trade and Investment Cluster Governance (Amendment and Repeal) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 1, 1.7.2014, sec 2 and 2014 (403) LW 27.6.2014.
2022	No 59	Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2.

Table of amendments

Long title	Am 1996 No 82, Sch 1 [1]; 2014 No 26, Sch 1 [1].
Sec 1	Subst 1996 No 82, Sch 1 [2]. Am 2014 No 26, Sch 1 [2].
Sec 3	Am 1996 No 82, Sch 1 [3]–[5]; 2005 No 64, Sch 1.10 [1]; 2006 No 2, Sch 4.17 [1]; 2006 No 120, Sch 3.10 [1]; 2007 No 27, Sch 2.19; 2014 No 26, Sch 1 [3] [4]; 2022 No 59, Sch 3.23.
Sec 3A	Ins 2014 No 26, Sch 1 [5].
Part 2	Subst 2014 No 26, Sch 1 [6].
Part 2, Div 1, heading	Ins 1996 No 82, Sch 1 [6]. Rep 2014 No 26, Sch 1 [6].
Sec 4	Am 1996 No 82, Sch 1 [7]. Subst 2014 No 26, Sch 1 [6].
Sec 4A	Ins 1996 No 82, Sch 1 [8]. Rep 2014 No 26, Sch 1 [6].
Sec 5	Am 1996 No 82, Sch 1 [9] [10]; 2005 No 64, Sch 1.10 [2]. Rep 2006 No 2, Sch 4.17 [2]. Ins 2014 No 26, Sch 1 [6].
Sec 6	Subst 1996 No 82, Sch 1 [11]. Am 2006 No 2, Sch 4.17 [3]. Rep 2014 No 26, Sch 1 [6].
Part 2, Div 2 (sec 6A)	Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].
Part 2, Div 3	Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].
Secs 6B, 6C	Ins 1996 No 82, Sch 1 [11]. Rep 2014 No 26, Sch 1 [6].
Secs 6D, 6E	Ins 1996 No 82, Sch 1 [11]. Am 2006 No 120, Sch 1.10 [2]. Rep 2014 No 26, Sch 1 [6].
Part 3	Rep 2014 No 26, Sch 1 [7].
Sec 7	Rep 2014 No 26, Sch 1 [7].
Sec 8	Rep 2005 No 64, Sch 1.10 [3].
Sec 9	Rep 2014 No 26, Sch 1 [8].
Sec 9A	Ins 1996 No 82, Sch 1 [12]. Am 2006 No 120, Sch 1.10 [2]. Subst 2014 No 26, Sch 1 [9].
Secs 10, 11	Rep 2014 No 26, Sch 1 [8].
Sec 15	Rep 1996 No 82, Sch 1 [13].
Sch 1	Am 1996 No 82, Sch 1 [14]–[16]; 2006 No 120, Sch 1.10 [3]; 2014 No 26, Sch 1 [10] [11].
Sch 2	Subst 1996 No 82, Sch 1 [17]. Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2003 No 40, Sch 1.14; 2005 No 64, Sch 1.10 [4] [5]. Rep 2014 No 26, Sch 1 [12].