Australian Film and Television School Amendment Act 1976

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AUSTRALIAN FILM AND TELEVISION SCHOOL AMENDMENT ACT 1976

No. 110 of 1976

An Act to amend the Film and Television School Act 1973.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.

1. (1) This Act may be cited as the Australian Film and Television School Amendment Act 1976.

(2) The Film and Television School Act 1973 is in this Act referred to as the Principal Act.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “appointed” the following definition:—

“‘broadcast’ means to transmit by way of television or radio, and ‘broadcasting’ has a corresponding meaning;

(b) by omitting the definition of “film”; and

“‘member of the staff of the School’ means, except in section 21, a person who is employed on a full-time basis under section 34, being a person who has been so employed, or whose term of employment is for a period of 12 months or more;

‘program’ means—

(a) an aggregate of images or sounds, or of images and sounds, embodied in any material; or

(b) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, broadcast without first having been embodied in any material;”.

Establishment of School.

4. Section 4 of the Principal Act is amended by inserting in sub-section (1), before the word “Film”, the word “Australian”.

Functions of School.

5. Section 5 of the Principal Act is amended—

(a) by omitting the words “films and television” (wherever occurring); and

(b) by omitting from paragraph (c) of sub-section (1) the words “films or television”.

6. Section 12 of the Principal Act is repealed and the following section substituted:—

Delegation by Council.

“12. (1) Subject to any direction of the Minister, the Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to a member of the Council, a committee of the Council or a member of the staff of the School any of its powers under this Act, other than this power of delegation.

“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Council.

“(3) A delegation of a power under this section—

(a) may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated);

(b) does not prevent the exercise of the power by the Council; and

“(4) Section 34a of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.

“(5) A certificate signed by the Chairman of the Council stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.

“(6) A document purporting to be a certificate mentioned in sub-section (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given. ”.

Constitution of Convocation.

7. Section 21 of the Principal Act is amended—

(a) by omitting from paragraph (d) of sub-section (1) the words “diplomas or certificates” and substituting the words “or diplomas”; and

(b) by inserting after sub-section (1) the following sub-section:—

“(1a) A reference in sub-section (1) to a member of the staff of the school is a reference to a member of the academic or technical staff of the School engaged in, or directly or indirectly associated with, teaching at the School.”.

Minor amendments.

8. The Principal Act is amended as set out in the Schedule.

Transitional

9. The alteration of names effected by sections 4 and 8 does not, affect the identity of the corporation established by section 4 of the Principal Act or of the council referred to in section 7 of that Act.

___________

SCHEDULE		Section 8
MINOR AND CONSEQUENTIAL AMENDMENTS
Provision	Amendment
Section 1.........................	Before “Film”, insert “Australian”.
Section 3 (definitions of “Council” and “School”)	Before “Film”, insert “Australian”.
Heading to Part II...................	Before “FILM”, insert “AUSTRALIAN”.
Sub-section 7(1)....................	Before “Film”, insert “Australian”.
Sub-section 29(3)...................	Omit the sub-section.
Sub-section 31(6)...................	Omit the sub-section.
Section 33........................	Repeal the section.
Paragraph 46(1)(a)...................	Omit the paragraph.
Sub-section 46(2)...................	Omit the sub-section.

Overview

The Australian Film and Television School Amendment Act 1976 was enacted to address the need for updating the Film and Television School Act 1973, which established the Australian Film and Television School. This amendment was necessary to incorporate changes in the industry and to align the institution's functions and nomenclature with the evolving landscape of film and television. The Act was passed by the Commonwealth Parliament, reflecting the policy objective to modernise and refine the educational framework for film and television in Australia. It introduced amendments to definitions, the establishment of the School, its functions, delegation powers, and minor consequential adjustments to ensure the School operates effectively within the current industry standards.

Scope and Application

The Australian Film and Television School Amendment Act 1976 amends the Film and Television School Act 1973 to update and refine the legislative framework governing the Australian Film and Television School, now referred to as the Australian Film, Television, and Radio School. This Act applies to the institution itself, its Council, staff, and to those involved in the teaching and administration of the School. The Act operates nationally within the Commonwealth of Australia, with its provisions extending to all aspects of the School’s operation, administration, and educational programs. Notably, the Act introduces definitions to clarify terms such as "broadcast," "program," and "member of the staff of the School," while removing outdated definitions and terminology related to "film." The amendments aim to modernise the legislative language to encompass broader media forms beyond just film and television, including radio. This Act does not explicitly state any exclusions or exemptions, and its application is not significantly extended or restricted through subordinate instruments.

Key Provisions

The Australian Film and Television School Amendment Act 1976 amends the Film and Television School Act 1973 to update and refine the governing framework of the Australian Film and Television School (AFS). The key operative sections of this Act include amendments to definitions (section 3), the functions of the School (section 5), and the powers of delegation by the Council (section 12). The Act also introduces new definitions such as "broadcast" and "program" and modifies the definition of "member of the staff of the School" to clarify the scope of employment (sections 3 and 5). The obligations and requirements imposed by the Act primarily concern the Council's ability to delegate its powers effectively. Section 12 of the Act outlines the conditions under which the Council can delegate its powers, the manner in which such delegations can be revoked, and the legal standing of certificates issued by the Chairman of the Council. This delegation mechanism ensures that the Council can manage its responsibilities efficiently while maintaining oversight and accountability. Under the Act, any breach of the provisions related to delegation could result in legal consequences. Although the Act does not explicitly outline specific offences or penalties for breaches, it is reasonable to infer that non-compliance with the prescribed delegation procedures might be subject to existing laws concerning the mismanagement of public office or administrative law principles. The maximum penalties for such breaches would typically depend on the severity of the breach and the specific laws under which the action is prosecuted, which could include fines or imprisonment as stipulated under relevant statutes. In summary, the Australian Film and Television School Amendment Act 1976 updates the governance and operational framework of the AFS by clarifying definitions, adjusting the functions of the School, and providing detailed provisions for the delegation of powers by the Council. These amendments ensure that the School can operate more effectively within its legislative mandate.

Area of Law: Education Law
Instrument: Amending Act
Concepts: Commencement Provisions; Definitions & Interpretation; Repeal & Amendment; Delegation of Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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