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.
Overview
The Australian Film, Television and Radio School Act 1973 was enacted to establish the Australian Film, Television and Radio School, tasked with providing advanced education and training in the production of programs. This Act was passed by the Australian Parliament to address the need for a dedicated institution that could nurture expertise in the film, television, and radio sectors. The legislation aimed to foster the development of knowledge and skills required for program production, and to facilitate the awarding of degrees, diplomas, and certificates related to the education and training provided by the School. The Determination of Degrees, Diplomas and Certificates No. 2007/1 was subsequently made under the authority of the School’s Council to specify the degrees, diplomas, and certificates that the School can award, thereby updating and expanding the previously regulated list. This legislative instrument ensures the School can continue to offer a broad range of qualifications in line with industry needs.
Scope and Application
The Australian Film, Television and Radio School Act 1973 provides the legislative framework for the Australian Film, Television and Radio School (the School), detailing its establishment, functions, and governance. Specifically, section 4 establishes the School while section 5 outlines its functions, including providing advanced education and training, conducting seminars and courses, and awarding degrees, diplomas, and certificates. Section 6A of the Act allows the School to specify the relevant qualifications through a legislative instrument, as opposed to through regulations, as was previously the case. The Determination of Degrees, Diplomas and Certificates No. 2007/1, made under section 6A of the Act, lists the degrees, diplomas, and certificates that the School can award, replacing the previous regulation. This Determination, which includes 79 qualifications in total, was made with the authority of the Council of the School and will take effect on the day after its registration on the Federal Register of Legislative Instruments. Notably, this Determination did not require consultation under section 17 of the Legislative Instruments Act 2003 as it does not have a direct or substantial indirect effect on business or restrict competition.
Key Provisions
The main operative sections of this legislation are sections 4, 5, 6A, and 7 of the Australian Film, Television and Radio School Act 1973, as well as the Determination of Degrees, Diplomas and Certificates No. 2007/1. Section 4 establishes the Australian Film, Television and Radio School (the School), while section 5 outlines its functions, including providing advanced education and training in program production and conducting approved seminars and courses. Section 6A empowers the School to specify degrees, diplomas, and certificates via a legislative instrument, and section 7 governs the School through a Council, whose actions are deemed to be actions of the School itself. The Determination, made under section 6A, specifies the degrees, diplomas, and certificates for the School's purposes.
The Act imposes several obligations on the School and its Council. Firstly, the School must provide advanced education and training in program production, and conduct approved seminars and courses. Secondly, the Council is responsible for governing the School and ensuring that all actions taken by or on behalf of the School are valid. Thirdly, the Council must ensure that the School's determination of degrees, diplomas, and certificates complies with the Act and any relevant legislative instruments. The Council must also ensure that the School's actions do not have a substantial indirect effect on business or restrict competition, unless consultation has been undertaken in accordance with the Legislative Instruments Act 2003.
Under the Act, there are no explicit offences, penalties, or consequences for breach. However, any failure by the School or its Council to comply with the Act's requirements, including the failure to make a determination under section 6A, could result in legal action being taken against the School or its Council. Additionally, if the School's actions are found to have a substantial indirect effect on business or restrict competition without proper consultation, this could lead to legal consequences under the Legislative Instruments Act 2003. The maximum penalties for breaches of this Act are not specified within the text provided.