EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 179
Issued by the Minister for the Arts
Australian Film, Television and Radio School Act 1973
National Gallery Act 1975
Acts Interpretation Act 1901
Arts Legislation Redundant Regulations (Repeal) 2011
This explanatory statement relates to an instrument made pursuant to the Australian Film, Television and Radio School Act 1973 and the National Gallery Act 1975. The purpose of the instrument to which this statement relates is to repeal the following:
- Australian Film, Television and Radio School (Allowances) Regulations SR 1992 No. 135
- Australian Film, Television and Radio School (Allowances) Regulations (Amendment) SR 1995 No. 48
- National Gallery Regulations (Amendment) SR 1996 No. 92
- National Gallery Regulations (Amendment) SR 1987 No. 190
- National Gallery Regulations (Amendment) SR 1986 No. 296
- National Gallery Regulations (Amendment) SR 1984 No. 250.
Legislative Authority
Section 51 of the Australian Film, Television and Radio School Act 1973 (AFTRS Act) provides for the Governor-General to make regulations that are required or permitted by the Act or are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
Section 46 of the National Gallery Act 1975 (National Gallery Act) provides for the Governor-General to make regulations required or permitted by the Act or are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Reason for Repeal
In February 2009 the Government announced in the Updated Economic and Fiscal Outlook that it would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) in order to document those regulations which impose net costs on business and identify the scope to improve regulatory efficiency. The Department of Finance and Deregulation was tasked with the co-ordination of the Review on the Government’s behalf.
The Review identified legislative instruments administered within the Arts portfolio including all instruments relating to the AFTRS Act. The Review identified the Australian Film, Television and Radio School (Allowances) Regulations SR 1992 No. 135 as redundant and recommended they be revoked.
The AFTRS Act provides for the operations of the Australian Film, Television and Radio School. The Australian Film, Television and Radio School (Allowances) Regulations SR 1992 No. 135 outline the allowances that can be paid to the Director of the School. However, these allowances are now set under the Remuneration Tribunal Act 1973. There consequently is no reason to maintain the amending regulations.
The Australian Film, Television and Radio School (Allowances) Regulations (Amendment) 1995 No. 48 was not identified by the Review as being redundant or recommended for revocation. However, this amending regulation has since been omitted by subsequent amendments and therefore, for consistency, this amending regulation will also be repealed as it is redundant.
The Review also identified all legislative instruments relating to the National Gallery Act. The Review identified the four National Gallery amending Regulations listed above as redundant and recommended they be revoked.
The National Gallery Act establishes and regulates the operations of the Gallery. The aim of the amending Regulations was to support the National Gallery Act in the operation and governance of the National Gallery, specifically in relation to: prescribed amounts, such as for purchases of art; entry charges; gallery security; and sale of liquor. The provisions of the amending Regulations have since been omitted by subsequent amendments. There consequently appears to be no reason to maintain the amending Regulations listed above.
The Review also recommended that National Gallery Amendment Regulations 1998 (No. 1) (SR 1998 No. 376) be revoked. However, some of the regulations in this instrument still form part of the National Gallery Regulations 1982 and need to be retained. Therefore, the Department has decided not to accept the recommendation of the Review in regard to this amending regulation.
Overview
The Arts Legislation Redundant Regulations (Repeal) 2011 (F2011L02033) was introduced to address the redundancy of certain regulations under the Australian Film, Television and Radio School Act 1973 and the National Gallery Act 1975. This instrument was issued by the Minister for the Arts and is part of a broader review of Commonwealth subordinate legislation initiated in February 2009. The review aimed to identify regulations that imposed net costs on businesses and to enhance regulatory efficiency. Consequently, several amending regulations under both acts were identified as redundant and recommended for repeal. The policy objective of this legislation is to streamline and modernise the regulatory framework by removing outdated and unnecessary regulations, thereby improving the efficiency of governance within the arts sector.
Scope and Application
The Select Legislative Instrument 2011 No. 179 pertains to the repeal of several subordinate instruments related to the Australian Film, Television and Radio School Act 1973 and the National Gallery Act 1975. The regulations that are subject to repeal include the Australian Film, Television and Radio School (Allowances) Regulations SR 1992 No. 135, the Australian Film, Television and Radio School (Allowances) Regulations (Amendment) SR 1995 No. 48, and various amendments to the National Gallery Regulations. These regulations are identified as redundant following a review of pre-2008 Commonwealth subordinate legislation, which sought to identify regulations imposing net costs on business and opportunities for regulatory efficiency. The allowances for the Director of the Australian Film, Television and Radio School are now governed by the Remuneration Tribunal Act 1973, rendering the original regulations obsolete. Similarly, the amendments to the National Gallery Regulations have become redundant as their provisions have been omitted in subsequent amendments.
This legislative instrument applies to the regulatory framework governing the Australian Film, Television and Radio School and the National Gallery, and it operates within the Commonwealth jurisdiction. The repealed regulations previously outlined allowances for the AFTRS Director and prescribed various operational aspects of the National Gallery, including prescribed amounts for art purchases, entry charges, gallery security, and the sale of liquor. The repeal of these regulations aims to streamline the legislative framework and eliminate redundant regulatory instruments. The instrument does not specify any exclusions, exemptions, or thresholds, and its application is confined to the specific regulations listed for repeal. The instrument also does not extend or restrict application through subordinate instruments beyond the repeal of the identified regulations.
Key Provisions
The main operative sections of this legislative instrument (F2011L02033) focus on the repeal of several regulations previously made under the Australian Film, Television and Radio School Act 1973 (AFTRS Act) and the National Gallery Act 1975. These regulations include the Australian Film, Television and Radio School (Allowances) Regulations 1992 (No. 135) and the Australian Film, Television and Radio School (Allowances) Regulations (Amendment) 1995 (No. 48) under the AFTRS Act, and various National Gallery amending Regulations under the National Gallery Act (SR 1996 No. 92, SR 1987 No. 190, SR 1986 No. 296, SR 1984 No. 250). The instrument repeals these regulations as they have been identified as redundant and no longer necessary for the effective operation of the respective Acts (sections 51 and 46).
The obligations and requirements imposed by the AFTRS Act and the National Gallery Act on the relevant parties primarily pertain to the establishment and governance of the Australian Film, Television and Radio School and the National Gallery, respectively. The repealed regulations were intended to support these objectives by setting allowances for the Director of the AFTRS and by governing aspects such as prescribed amounts for art purchases, entry charges, gallery security, and the sale of liquor at the National Gallery. However, as these regulations have been superseded by more recent legislative changes, they are no longer necessary to fulfill these obligations. The repeal of these redundant regulations ensures that the Acts can be administered more efficiently and effectively.
Under the AFTRS Act and the National Gallery Act, there are no specific offences, penalties, or consequences outlined for the breach of the repealed regulations as they have already been revoked and are no longer in effect. The primary consequence of these regulations being repealed is the streamlining of the legislative framework, which should lead to clearer and more efficient governance of the Australian Film, Television and Radio School and the National Gallery. The repeal does not introduce any new criminal or civil liabilities, as the regulations it targets were already non-operative and redundant. The legislative authority for the repeal is derived from section 33(3) of the Acts Interpretation Act 1901, which allows for the repeal of regulations that are no longer necessary or convenient.