EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 180
Issued by the Minister for the Arts
Australian Film, Television and Radio School Act 1973
Acts Interpretation Act 1901
Australian Film, Television and Radio School (Amendment and Repeal) Regulations 2011 (No. 1)
This explanatory statement relates to an instrument made pursuant to the Australian Film, Television and Radio School Act 1973 (the Act) entitled Australian Film, Television and Radio School (Amendment and Repeal) Regulations 2011 (No. 1). The purpose of the instrument to which this statement relates is to amend the Australian Film, Television and Radio School Regulations 1986 (the Regulations) and repeal the Australian Film, Television and Radio School Amendment Regulations 2003 (No 1) SR 2003 No. 292 (Statutory Rule 2003, No. 292) and Australian Film, Television and Radio School Regulations (Amendment) SR 1995 No. 131 (Statutory Rule 1995, No. 131).
Legislative Authority
Section 51 of the Australian Film, Television and Radio School Act 1973 (the Act) provides for the Governor-General to make regulations required or permitted by the Act or that 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 Amendment and 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 Act. The Act provides for the operations of the Australian Film, Television and Radio School, including the award courses that can be offered (ie. degrees, diplomas and certificates). The Review recommended that the Regulations be amended to exclude provisions concerning award courses that are no longer relevant.
Regulation 4 in the Regulations provided which degrees, diplomas and certificates the school could award. However, that regulation is redundant as it was based on a previous provision in the Act which required the Regulations to prescribe the awards. The Act was amended in 2005 to allow the school Council to determine these courses by disallowable instrument instead of amendment by the Regulations. The School has since made a number of relevant determinations.
Statutory Rule 2003, No. 29 and Statutory Rule 1995, No. 131 were not identified by the Review as being redundant or recommended for revocation. However, as these amending regulations contain provisions that relate to Regulation 4 they will no longer be needed once regulation 4 is omitted by this instrument and therefore, for consistency, will also be repealed as they are redundant.
Overview
The Australian Film, Television and Radio School (Amendment and Repeal) Regulations 2011 (No. 1), issued under the authority of the Australian Film, Television and Radio School Act 1973, was introduced to modernise and streamline the regulatory framework governing the operations of the Australian Film, Television and Radio School. The objective of the regulations was to address outdated provisions in the Australian Film, Television and Radio School Regulations 1986, particularly those that concerned the awarding of degrees, diplomas, and certificates, which had become redundant following legislative changes in 2005. By repealing certain regulations and amending others, the instrument aimed to enhance the efficiency and relevance of the legislative framework, ensuring that it aligns with the current operational practices of the school and the policy objectives set forth by the government.
Scope and Application
The Australian Film, Television and Radio School (Amendment and Repeal) Regulations 2011 (No. 1) apply to the Australian Film, Television and Radio School (AFTRS) and its operations, as governed by the Australian Film, Television and Radio School Act 1973. This legislation pertains specifically to the institution and its functions, which include the provision of education and training in film, television, and radio. The regulations are designed to refine the operational framework of AFTRS by amending and repealing certain provisions in the Australian Film, Television and Radio School Regulations 1986. Additionally, the regulations seek to streamline the legislative framework by repealing two earlier amendments that are now redundant. The geographic scope of these regulations is national, as they pertain to an institution of national importance within Australia. The exclusions and amendments focus on updating the legislative instruments to reflect current practices and legislative changes, ensuring that the regulatory environment is both efficient and relevant. The application of these regulations is overseen by the Minister for the Arts, and they are intended to provide clarity and direction to AFTRS in its educational offerings and operations.
Key Provisions
The Australian Film, Television and Radio School (Amendment and Repeal) Regulations 2011 (No. 1) primarily amend the Australian Film, Television and Radio School Regulations 1986 (paragraph 1(a)). These amendments are made pursuant to section 51 of the Australian Film, Television and Radio School Act 1973, which allows for the Governor-General to issue regulations necessary for the operation and enforcement of the Act (section 51). The instrument also repeals two sets of regulations: the Australian Film, Television and Radio School Amendment Regulations 2003 (No 1) and the Australian Film, Television and Radio School Regulations (Amendment) SR 1995 No. 131, as these are now redundant following the changes to the primary regulations (subsection 33(3) of the Acts Interpretation Act 1901). The reason for these amendments and repeals is to streamline the regulations by removing provisions that are no longer relevant or necessary.
The main operative sections of the amended regulations (regulation 4) now exclude provisions concerning award courses that are no longer relevant, as per the recommendations of a review conducted by the Department of Finance and Deregulation in February 2009. This review identified that certain provisions in the existing regulations were redundant following amendments to the Act in 2005. Under the amended Act, the school Council is now responsible for determining the courses that can be offered, rather than the regulations. Therefore, the new regulations focus on the necessary administrative and operational provisions for the school, removing the need for detailed course specifications.
The obligations and requirements imposed by the amended regulations on the Australian Film, Television and Radio School include maintaining compliance with the Act and the newly amended regulations. The school must ensure that its operations adhere to the provisions outlined in the regulations, including those relating to governance, financial management, and educational standards. The Council's role in determining the courses offered is now explicitly acknowledged, and the school must establish processes to ensure that these determinations are made in accordance with the Act. Additionally, the school must ensure that any new courses offered are in line with the broader educational objectives and standards set by the Act.
Any breaches of the Australian Film, Television and Radio School Act 1973 or the amended regulations may result in civil or criminal penalties, depending on the nature and severity of the breach. Under the Act, offences can lead to fines, with the maximum penalty varying according to the specific provision breached. For example, certain offences may attract a fine of up to $22,200 for individuals and $111,000 for bodies corporate, as per the general penalty provisions in Australian law. Additionally, criminal penalties may apply for more serious breaches, which could include imprisonment. It is essential for the school to ensure full compliance with the Act and the regulations to avoid any legal repercussions.