Explanatory Statement
Determination of Degrees, Diplomas and Certificates No. 2007/1
Australian Film, Television and Radio School Act 1973
Section 4 of the Australian Film, Television and Radio School Act 1973 (the Act) establishes the Australian Film, Television and Radio School (the School).
Section 5 of the Act sets out the functions of the School including:
(a) to provide advanced education and training by way of the development of the knowledge and skills required in connexion with the production of programs; …
(c) to conduct such seminars and courses of education or training for persons engaged, or to be engaged, directly or directly or indirectly, in connexion with the production of programs as are approved by the Council of the School; …
(g) 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 specified in a determination under section 6A; …
Section 6A of the Act provides that the School may, by legislative instrument, make a determination specifying degrees, diplomas and certificates for the purposes of paragraph 5(1)(g) of the Act.
Section 7 of the Act provides that the School shall be governed by a council to be known as the Council of the Australia Film, Television and Radio School (the Council) and all acts and things done in the name of, or on behalf of, the School by the Council or within the authority of the Council shall be deemed to have been done by the School.
Currently the relevant degrees, diplomas and certificates for the purposes of paragraph 5(1)(g) are prescribed in regulations. Regulation 4 of the Australian Film, Television and Radio School Regulations 1986 (the Regulations) specifies the relevant degrees, diplomas and certificates.
On 31 August 2005 items 1 and 2 of Schedule 1 to the Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005 amended the Act so that the degrees, diplomas and certificates would be specified in a legislative instrument made by the School.
Item 3 of that Schedule continued in force regulation 4 of the Regulations until the first determination made under section 6A of the Act is registered under the Legislative Instruments Act 2003.
Determination of Degrees, Diplomas and Certificates No. 2007/1 (the Determination) makes a determination specifying the degrees, diplomas and certificates in the attachment to the Determination for the purposes of paragraph 5(1)(g) of the Act. The Determination is made on behalf of the School with the authority of the Council.
The Determination specifies the same degrees, diplomas and certificates as regulation 4 of the Regulations (19 in total) and adds 60 new degrees, diplomas and certificates.
The Determination takes effect on the day after it is registered on the Federal Registrar of Legislative Instruments.
No consultation was undertaken in accordance with section 17 of the Legislative Instruments Act 2003 before this determination was made as it does not have a direct, or a substantial indirect, effect on business or restrict competition.