Australian Film, Television and Radio School Regulations (Amendment) 1995 No. 131
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 131
Issued by the Authority of the Minister for Communications and the Arts
Australian Film, Television and Radio School Act 1973
Australian Film, Television and Radio School Regulations (Amendment)
Section 51 of the Australian Film, Television and Radio School Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Paragraph 5 (1)(g) of the Act provides for the School:
"to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are provided by the regulations;".
The existing Australian Film, Television and Radio School Regulations do not provide for the award of any degrees, diplomas or certificates for the purposes of paragraph 5(1)(g).
Regulation 4 of the accompanying Regulations will allow the School to award degrees, diplomas and certificates as specified in the regulation.
For the purposes of legal certainty, not only for the School but also for those persons who have already received awards, regulation 4 is made retrospective to the date the School commenced to make awards (31 August 1973) - see regulation 1 - the remainder of the Regulations will commence on gazettal.
Section 40 of the Act provides for the School to purchase or dispose of assets or to enter into a building construction contract under certain monetary limits before the approval of the Minister is required. Paragraphs 40(1)(a) and (b) set the limits for the acquisition or disposal of any property, right or privilege at $250,000 while paragraph 40(1)(c) sets the limit for entering into a contract for the construction of a building for the School at $50,000. However, paragraphs 40(1)(a)-(c) permit higher amounts to be prescribed. Existing subregulations 3(1), (2) and (3) set these limits at $150,000. Existing subregulations 3(1) and (2), in prescribing an amount less than $250,000, are invalid.
Accordingly, regulation 3 of the accompanying Regulations omits existing subregulations 3(1) and (2) but retains the reference to $150,000 in relation to paragraph 40(1)(c) as this is a higher amount than provided in the Act.
Overview
The Australian Film, Television and Radio School Regulations (Amendment) 1995 No. 131 was enacted to amend the Australian Film, Television and Radio School Regulations 1973, addressing gaps in the awarding of academic credentials by the School and clarifying monetary limits for certain transactions. This statutory rule was issued by the Authority of the Minister for Communications and the Arts under section 51 of the Australian Film, Television and Radio School Act 1973, which empowers the Governor-General to make regulations necessary for carrying out the Act. The primary policy objective of this amendment is to provide legal certainty and administrative efficiency by ensuring that the School can legally award degrees, diplomas, and certificates as intended by the Act and by correcting the monetary thresholds for certain transactions as per the Act’s provisions. The regulation also makes the amendments retrospective to provide clarity and protection for past recipients of awards.
Scope and Application
The Australian Film, Television and Radio School Regulations (Amendment) 1995 No. 131 is an instrument that amends the existing regulations under the Australian Film, Television and Radio School Act 1973. The Act applies to the Australian Film, Television and Radio School, an institution dedicated to education and training in the film, television, and radio industries. The regulations govern the operation and administration of the School, including its authority to award degrees, diplomas, and certificates to students. These regulations clarify the School’s capability to award such qualifications retrospectively from its commencement date of 31 August 1973, providing legal certainty for both the institution and its graduates. The amended regulations also adjust the monetary thresholds for the acquisition or disposal of assets and the construction of buildings, aligning them with the limits specified in the Act and correcting the previously invalid subregulations. The regulations apply nationally, reflecting the Commonwealth's jurisdiction over the School's activities.
Key Provisions
The Australian Film, Television and Radio School Regulations (Amendment) 1995 No. 131 introduces amendments to the existing regulations under the Australian Film, Television and Radio School Act 1973. Regulation 4 of these amendments allows the Australian Film, Television and Radio School (AFTRS) to award degrees, diplomas and certificates as specified in the regulation. This is to provide clarity and legal certainty for both the School and its past awardees, as the amendments are made retrospective to the date when the School commenced awarding such qualifications, 31 August 1973. The remainder of the Regulations will take effect from the date of their gazette.
Under the amended regulations, the AFTRS is now able to award degrees, diplomas and certificates in accordance with the provisions set out in the new Regulation 4. This grants the School flexibility and recognition in its educational offerings, allowing it to provide formal qualifications to its students. Additionally, the retrospective nature of this regulation ensures that any past recipients of such awards are legally recognised, thereby maintaining the integrity and credibility of the School’s qualifications.
The Act also imposes certain financial limits on the School’s ability to acquire or dispose of assets, or to enter into building construction contracts, without requiring the Minister’s approval. Specifically, Section 40 of the Act sets these limits at $250,000 for the acquisition or disposal of property, rights, or privileges, and $50,000 for building construction contracts. However, these sections permit higher amounts to be prescribed through regulations. Regulation 3 of the amendments addresses these financial thresholds by invalidating the existing subregulations that set the limits at $150,000, instead aligning them with the Act’s provisions. The regulation retains the $150,000 reference in relation to building construction contracts as it represents a higher amount than stipulated in the Act.
The amendments also outline the consequences for breaches of these regulations. The Act does not explicitly state the penalties for non-compliance with these financial provisions. However, in the context of Australian administrative law, breaches of statutory requirements can lead to civil or criminal penalties, depending on the nature and severity of the breach. Such penalties may include fines or other legal actions as deemed appropriate by the relevant authorities. The precise penalties would be determined based on the specific circumstances of any non-compliance.