Australian Film Commission Amendment Act 1980
No. 71 of 1980
An Act to amend the Australian Film Commission Act 1975
[Assented to 28 May 1980]
BE IT ENACTED by the Queen, and the Senate and the 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 1980.
(2) The Australian Film Commission Act 1975 is in this Act referred to as the Principal Act.
Commencement
2. The provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.
Interpretation
3. Section 3 of the Principal Act is amended by inserting in the definition of “special activities” in sub-section (1) “or the promotion or distribution,” after “the commissioning of the making,”.
Functions of Commission
4. Section 5 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1) “subject to the approval of the Minister,”.
Directions to Commission by Minister
5. Section 8 of the Principal Act is amended—
(a) by omitting from sub-section (1) “, except as provided by sub-section (2),”; and
(b) by omitting sub-section (2).
Constitution of Commission
6. Section 15 of the Principal Act is amended by omitting sub-sections (3) and (4) and substituting the following sub-sections:
“(3) The members of the Commission shall be appointed either as full-time members or as part-time members.
“(4) The members of the Commission may include not more than one member of the staff of the Commission.”.
Terms and conditions of appointment
7. Section 16 of the Principal Act is amended by omitting from sub-section (2) “the Chairman or other full-time member” (wherever occurring) and substituting “a full-time member”.
Leave of absence
8. Section 18 of the Principal Act is amended by omitting “the Chairman or other full-time member” and substituting “a full-time member”.
Deputy Chairman
9. Section 19 of the Principal Act is amended by omitting from sub-section (1) “full-time”.
Acting members
10. Section 20 of the Principal Act is amended—
(a) by inserting in sub-section (3) “or is, for any other reason, unable to perform the duties of his office” after “Australia”;
(b) by omitting from paragraph (b) of sub-section (3) “full-time”;
(c) by inserting in paragraph (b) of sub-section (3) “or inability” after “absence”; and
(d) by omitting sub-section (4) and substituting the following sub-section:
“(4) Where a member other than the Chairman is acting in the place of the Chairman, is absent from duty or from Australia, or is, for any other reason, unable to perform the duties of his office, the Minister may appoint a person to act in the place of that member during the period during which that member is so acting, absent or unable to perform the duties of his office.”.
Persons having certain interests not to be eligible for appointment, &c.
11. Section 21 of the Principal Act is amended by omitting from paragraph (b) “the Chairman or another full-time member” and substituting “a full-time member”.
Disclosure of interests
12. Section 22 of the Principal Act is amended by omitting from sub-section (1) “the Chairman or another full-time member” and substituting “a full-time member”.
Termination of appointment
13. Section 23 of the Principal Act is amended by omitting from paragraph (b) of sub-section (2) “the Chairman or other full-time member” and substituting “a full-time member”.
Rights of public servants
14. Section 27 of the Principal Act is amended—
(a) by omitting “was, immediately before his appointment,” and substituting “of the Commission or appointed or engaged as a full-time member of the staff of the Commission was, immediately before his appointment or engagement,”; and
(b) by omitting from paragraph (b) “as Chairman or other full-time member” and substituting “in pursuance of that appointment or engagement”.
Meetings
15. Section 28 of the Principal Act is amended by omitting from sub-section (2)”, including 2 full-time members”.
16. Section 29 of the Principal Act is repealed and the following section is substituted:
Staff of Commission
“29. (1) The Commission may appoint such officers and engage such employees as it thinks necessary for the performance of its functions.
“(2) The terms and conditions of service or employment of persons so appointed or engaged (in respect of matters not provided for by this Act) shall be such as are determined by the Commission with the approval of the Public Service Board.”.
Restrictions on financial transactions
17. Section 35 of the Principal Act is amended by adding at the end thereof the following sub-section:
“(2) Paragraphs (1)(a) and (b) do not apply to transactions relating to the making, promotion, distribution or broadcasting of programs.”.
Repeal of section 36
18. Section 36 of the Principal Act is repealed.
Transitional
19. The amendments of the Principal Act made by this Act shall not be taken to affect the continuance in office of a person who held office as a member of the Commission immediately before the commencement of this Act.