EXPLANATORY STATEMENT
Film Certification Advisory Board Rules Amendment 2014 (No. 1)
Issued by the Authority of the Minister for the Arts
Income Tax Assessment Act 1997
Acts Interpretation Act 1901
Amending Instrument
Pursuant to subsection 376‑260(1) of the Income Tax Assessment Act 1997, and subsection 33(3) of the Acts Interpretation Act 1901, the Minister for the Arts may, by legislative instrument, make certain rules in relation to the Film Certification Advisory Board.
The Film Certification Advisory Board Rules 2008 were made by the Minister for the Environment, Heritage and the Arts on 5 February 2008. The Rules establish the Film Certification Advisory Board and specify its functions, which include the assessment of applications under the Location Offset and the Post, Digital and Visual Effects (PDV) Offset, and the provision of advice to the Arts Minister on those offsets.
The Board consists of a Chair and two other members. The Chair is a Senior Executive Services (SES) employee nominated by the Arts Secretary, and the two other members are appointed by the Arts Minister.
The purpose of the amending instrument is to expand the scope of subrules 8(5) and 18(1) of the Rules.
The amendment to subrule 8(5) expands the types of film production industry expertise and experience that members appointed to the Board by the Arts Minister are required to hold, to include television production budgets. This amendment means that the Arts Minister will be able to appoint a person who has experience and expertise in film production budgets, or television production budgets, or film auditing. Feature film and television productions are eligible to apply for the Location Offset and the PDV Offset. The amendment aligns experience and expertise of members of the Board with the types of productions that are eligible to apply for the offsets.
The amendment to subrule 18(1) allows the Board to pass a resolution without a Board meeting being held if a majority of the Board members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document. This amendment enhances the Board’s operations, and aligns the requirements of decisions made without meetings with the requirements for decisions made at Board meetings under rule 16.
Consultation was not undertaken, as the amendments are administrative in nature and relate to the operation and conduct of the Board.
The amendments do not have a regulatory impact on businesses or individuals.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
This amending instrument will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Overview
The instrument amends the Film Certification Advisory Board Rules 2008, which were made pursuant to subsection 376-260(1) of the Income Tax Assessment Act 1997, and subsection 33(3) of the Acts Interpretation Act 1901.
Human rights implications
The amendments in the instrument are administrative in nature, and expands the scope of subrules 8(5) and 18(1) of the Rules.
The amendments in the instrument do not give rise to human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
The amendments in the instrument are compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Authority: Subsection 376-260(1) of the
Income Tax Assessment Act 1997
Subsection 33(3) of the
Acts Interpretation Act 1901
Overview
The Film Certification Advisory Board Rules Amendment 2014 (No. 1) was enacted to amend the Film Certification Advisory Board Rules 2008, which were established to manage the assessment of applications under the Location Offset and the Post, Digital and Visual Effects (PDV) Offset, as well as to provide advice to the Arts Minister on these matters. This amending instrument, issued by the Authority of the Minister for the Arts, aims to enhance the Board’s operational efficiency and align its expertise with the evolving requirements of the film and television production industries. The amendments specifically expand the types of expertise required of Board members to include television production budgets, and allow the Board to pass resolutions without convening a formal meeting if a majority of members consent in writing. These changes are intended to streamline the Board’s processes without imposing regulatory burdens on businesses or individuals.
Scope and Application
The Film Certification Advisory Board Rules Amendment 2014 (No. 1) pertains to the administrative functions and membership qualifications of the Film Certification Advisory Board, which operates under the authority of the Minister for the Arts. This legislation is aimed at modifying the expertise and experience criteria for Board members appointed by the Arts Minister, to ensure their qualifications align with the types of film and television productions eligible for the Location Offset and the Post, Digital and Visual Effects (PDV) Offset. The amendment to subrule 8(5) broadens the acceptable expertise to include television production budgets, thereby enhancing the Board's ability to assess applications for these offsets. Additionally, the amendment to subrule 18(1) allows the Board to make resolutions without convening a formal meeting if a majority of its members agree, thereby improving operational efficiency. This amendment applies nationally across Australia, as the Film Certification Advisory Board operates under federal jurisdiction. The changes do not impose any regulatory burdens on businesses or individuals, and no consultation was deemed necessary as the amendments are administrative in nature. The legislation commences on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Film Certification Advisory Board Rules Amendment 2014 (No. 1) amends the Film Certification Advisory Board Rules 2008, primarily affecting the qualifications of Board members and the process for making Board resolutions. Section 8(5) of the amended Rules expands the types of film production industry expertise and experience required for members appointed by the Arts Minister. This includes experience in film production budgets, television production budgets, or film auditing (subsection 8(5)). This expansion ensures that the Board’s expertise aligns with the types of productions eligible for the Location Offset and the Post, Digital and Visual Effects (PDV) Offset, thus enhancing the Board’s capability to assess applications for these offsets accurately.
The amendment also introduces changes to the process of making Board resolutions. Specifically, subrule 18(1) allows the Board to pass a resolution without holding a formal meeting if a majority of the Board members entitled to vote on the resolution sign a document stating their approval (subsection 18(1)). This amendment streamlines the decision-making process and ensures consistency in the operational procedures of the Board, regardless of whether a resolution is passed during a meeting or through a signed document.
The Film Certification Advisory Board Rules Amendment 2004 (No. 1) does not impose any new obligations or requirements on the parties or entities it governs. Instead, it refines the existing framework by aligning the qualifications of Board members with the types of productions they assess and by providing a more flexible resolution process. The primary impact is administrative, aimed at improving the efficiency and relevance of the Board’s operations.
There are no specific offences, penalties, or consequences outlined in the amending instrument. The amendments are administrative in nature, designed to enhance the Board's operational efficiency and decision-making process. Given the nature of the changes, there are no additional criminal or civil consequences for non-compliance. However, the Board is expected to adhere to the new requirements set forth in the Rules to ensure that its operations remain effective and aligned with its statutory objectives. The instrument itself takes effect on the day after it is registered on the Federal Register of Legislative Instruments.