Australian Film Commission Amendment Act 1976

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AUSTRALIAN FILM COMMISSION

AMENDMENT ACT 1976

No. 107 of 1976

An Act to amend the Australian Film Commission Act 1975.

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 Commission Amendment Act 1976.

(2) The Australian Film Commission Act 1975 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.

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by omitting from the definition of “Australian film” in sub-section (1) the word “film” (twice occurring) and substituting the word “program”;

(b) by omitting paragraph (b) of the definition of “Australian short film” in sub-section (1) and substituting the following paragraph: —

“(b) any other short film—

(i) that is an Australian program; and

(ii) not less than 80 per centum of the content of which in terms of duration has been made specifically for that film, ”;

“‘broadcast’ means to transmit by way of television or radio;”;

(d) by omitting from sub-section (1) the definition of “film” and substituting the following definition:—

“‘film’ means an aggregate of images, or of images and sounds, embodied in any material;”;

(e) by omitting from the definition of “general activities” in sub-section (1) the word “film-making”;

(f) by inserting after the definition of “member” in sub-section (1) the following definitions:—

“‘program’ means—

(a) a recording; 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 recorded;

“‘recording’ means—

(a) a film; or

(b) an aggregate of sounds embodied in any material;”;

(g) by omitting from sub-section (1) the definition of “producer”;

(h) by omitting from sub-section (1) the definition of “special filmmaking activities” and substituting the following definition:—

“‘special activities’, in relation to the Commission, means the making, or the commissioning of the making, of programs referred to in sub-paragraph 5(1)(b)(i), (ii) or (iii).”;

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

“(1a) A reference in this Act to the distribution of programs includes a reference to the presentation of programs.

“(1b) A reference in this Act to the making of programs includes a reference to the compilation or preparation of programs.

“(1c) Where a word has a particular meaning in this Act, other parts of speech and grammatical forms of that word have corresponding meanings.”; and

(j) by omitting from sub-section (2) the word “film” (wherever occurring) and substituting the word “program”.

Functions of Commission.

4. Section 5 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-sections:—

“(1) The functions of the Commission are—

(a) to encourage, whether by the provision of financial assistance or otherwise, the making, promotion, distribution and broadcasting of Australian programs;

(b) subject to the approval of the Minister, to make, promote and distribute any programs and, in particular—

(i) programs that serve the purposes of a Department of State or an authority of the Commonwealth;

(ii) programs that deal with matters of national interest to Australia; and

(iii) programs that are designed to illustrate or interpret aspects of Australia or of the life and activities of the Australian people;

(c) subject to the approval of the Minister, to provide financial assistance to a State or an authority of a State for the purchase by it of—

(i) Australian programs that are of an educational nature and of national interest or importance; and

(ii) rights in respect of any such programs; and

(d) to encourage, whether by the provision of financial assistance or otherwise, the proper keeping of recordings in archives in Australia.

“(1a) In the performance of its functions, the Commission shall give special attention to the encouragement of—

(a) the making of experimental programs and programs of a high degree of creativeness; and

(b) the making and appreciation of Australian programs and other programs as an art form.”.

Powers of Commission.

5. Section 6 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the words “made to producers of Australian films”;

(b) by omitting paragraph (b) of sub-section (1) and substituting the following paragraph: —

“(b) to provide financial assistance to persons concerned with the making, promotion, distribution or broadcasting of Australian programs under arrangements that entitle the Commission to receive a share of the proceeds derived from the sale, hire, distribution or broadcasting of the programs; ”;

(d) by omitting paragraph (e) of sub-section (1) and substituting the following paragraph:—

“(e) to act as trustee of moneys, recordings or other property vested in the Commission upon trust, or to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs; ”; and

(e) by omitting from sub-section (3) the word “films” and substituting the word “recordings”.

6. Section 14 of the Principal Act is repealed and the following section substituted:—

Delegation by Commission.

“14. (1) Subject to any direction of the Minister, the Commission may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a member of the Commission or to a member of the staff of the Commission 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 Commission.

“(3) A delegation under this section does not prevent the exercise of a power by the Commission.”.

Additional amendments.

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

____________

SCHEDULE Section 7 ADDITIONAL AMENDMENTS
Provision	Amendment
Sub-section 3(1) (definition of “Australian film”)	Omit from paragraph (c) “Australia” (wherever occurring), substitute “the Commonwealth”.
Paragraph 5(4)(c).............	Omit “television”, substitute “broadcasting”.
Section 7...................	Omit “promoting, distributing or exhibiting films”, substitute “promoting or distributing programs”.
Sub-section 8(2)..............	Omit “film, or proposed film”, substitute “program, or proposed program”.
Section 9...................	Omit “films” (wherever occurring), substitute “programs”.
Sub-section 10(1).............	Omit “promotion, distribution and exhibition of Australian films”, substitute “promotion and distribution of Australian programs, being films”.
Paragraph 10(1)(a)............	Omit “Australia” (first occurring), substitute “the Commonwealth”.
Section 12..................	Omit “exhibiting films”, substitute “broadcasting programs”.
Section 21..................	Omit “exhibition of films”, substitute “broadcasting of programs”.
Sub-section 22(1).............	Omit “exhibition of films”, substitute “broadcasting of programs”.
Sub-sections 26(1) and (2).......	Omit the sub-sections.
Sub-section 26(3).............	Omit “1922-1974”, substitute “1976”.
Section 30..................	Repeal the section.
Sub-sections 32(1) and (3).......	Omit “film-making”.
Section 34..................	Omit “film-making” (wherever occurring).
Sub-sections 36(1) and (2).......	Omit “film-making”.
Sub-section 36(1).............	Omit “Australia”, substitute “the Commonwealth”.
Section 40..................	Repeal the section.
Sub-section 41(1).............	Omit “Australia” substitute “the Commonwealth”.
Paragraph 44(2)(b)............	Omit “film-making”.

Overview

The Australian Film Commission Amendment Act 1976, enacted by the Commonwealth Parliament, was introduced to update and expand the scope of the Australian Film Commission Act 1975. This legislation aims to align the functions and definitions within the Act with the evolving nature of the media landscape, particularly in the context of Australian programs, which now include television and radio broadcasts. The policy objective is to facilitate the growth and promotion of Australian content across various media platforms, with an emphasis on encouraging creative and high-quality productions. The Act achieves this by amending definitions and broadening the Commission’s functions to encompass the making, promotion, distribution, and broadcasting of Australian programs, ensuring the Commission remains relevant and effective in supporting the Australian media industry.

Scope and Application

The Australian Film Commission Amendment Act 1976 is an Act of the Commonwealth of Australia that amends the Australian Film Commission Act 1975. The Act applies to the Australian Film Commission and its activities in relation to the making, promotion, distribution, and broadcasting of Australian programs. The amendments introduced by this Act expand the scope of the Commission’s functions to include programs rather than just films, and it redefines several key terms to reflect this change. The geographic reach of the Act is national, applying across the Commonwealth of Australia. There are no explicit exclusions or exemptions stated in the Act, but it does provide the Minister with approval powers over certain activities of the Commission. The Act also allows for further specification and regulation through subordinate instruments, though such instruments are not detailed in the primary text of the Act.

Key Provisions

The Australian Film Commission Amendment Act 1976 amends the Australian Film Commission Act 1975 by updating its terminology and broadening its scope. The key operative sections include changes to definitions (section 3) and the functions of the Australian Film Commission (section 4). The amendments redefine terms such as “Australian film” to “Australian program” and introduce new definitions for terms like “broadcast,” “program,” and “recording.” These changes are designed to reflect the evolving nature of media and broadcasting, ensuring that the Act remains relevant and effective. The Act also updates the functions of the Commission to include the encouragement, making, promotion, distribution, and broadcasting of Australian programs, in addition to providing financial assistance for the purchase of educational programs. The obligations imposed on the Commission by this Act include encouraging the creation of high-quality and creative Australian programs, giving special attention to experimental and creative works, and providing financial assistance under arrangements that allow the Commission to share in the proceeds from the sale, hire, distribution, or broadcasting of these programs. The Commission is also tasked with acting as a trustee for moneys, recordings, or other property vested in it upon trust or on behalf of the Commonwealth or an authority of the Commonwealth in relation to programs or matters connected with programs. Additionally, the Commission can delegate its powers to its members or staff, subject to ministerial direction. The Act outlines several consequences for breaches, though specific offences and penalties are not detailed in the provided excerpt. Generally, breaches of legislative provisions can lead to civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties might include fines or restitution, while criminal penalties could involve imprisonment. The specific penalties would be determined by the relevant courts when interpreting and applying the provisions of the Act. It is essential for entities governed by the Act to adhere to its requirements to avoid potential legal repercussions.

Area of Law: Media & Entertainment Law
Instrument: Act
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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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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