National Film and Sound Archive of Australia Regulations 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L00266 Regulations In force Legislative Instrument

Legislation content

National Film and Sound Archive of Australia Regulations 2018

made under the

National Film and Sound Archive of Australia Act 2008

Compilation No. 1

Compilation date: 1 May 2021

Includes amendments up to: F2021L00516

Registered: 6 May 2021

About this compilation

This compilation

This is a compilation of the National Film and Sound Archive of Australia Regulations 2018 that shows the text of the law as amended and in force on 1 May 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

5 Definitions

6 Restrictions on financial transactions

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the National Film and Sound Archive of Australia Regulations 2018.

3  Authority

  This instrument is made under the National Film and Sound Archive of Australia Act 2008.

5  Definitions

  In this instrument:

Act means the National Film and Sound Archive of Australia Act 2008.

6  Restrictions on financial transactions

  For the purposes of paragraphs 39(1)(a) to (e) of the Act, the prescribed amount is $2,000,000.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

National Film and Sound Archive of Australia Regulations 2018

16 Mar 2018 (F2018L00266)

17 Mar 2018 (s 2(1) item 1)

 

National Collecting Institutions Legislation Amendment (Limits on Financial Transactions) Regulations 2021

30 Apr 2021 (F2021L00516)

Sch 1 (item 2): 1 May 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 6.....................

am F2021L00516

Schedule 1................

rep LA s 48C

 

 

Overview

The National Film and Sound Archive of Australia Regulations 2018 were enacted to provide detailed rules and guidelines for the operation of the National Film and Sound Archive of Australia, as established under the National Film and Sound Archive of Australia Act 2008. This legislation was introduced to ensure that the Archive's functions, including the preservation, collection, and dissemination of Australia's audio-visual heritage, are managed effectively and in accordance with the broader objectives of the Act. The Regulations were made by the Governor-General under the authority of the Act and were designed to facilitate the implementation of the Act by specifying particulars that are necessary for its administration. The Regulations aim to support the policy objective of preserving and providing access to Australia's film, television, and sound heritage for future generations.

Scope and Application

The National Film and Sound Archive of Australia Regulations 2018 apply to financial transactions associated with the National Film and Sound Archive of Australia, providing specific guidelines under the National Film and Sound Archive of Australia Act 2008. These regulations cover the prescribed amount for financial transactions, which is set at $2,000,000, and detail the restrictions on such transactions to ensure the effective management and preservation of the nation's film, television, radio, and recorded music heritage. The regulations are applicable nationwide and are instrumental in governing the operations of the National Film and Sound Archive of Australia, ensuring compliance with financial management practices as stipulated by the Act. Any amendments to these regulations are accessible on the Legislation Register, reflecting changes that have been made but have not yet come into effect.

Key Provisions

The National Film and Sound Archive of Australia Regulations 2018, which were made under the National Film and Sound Archive of Australia Act 2008, outline various rules and provisions governing the operations of the National Film and Sound Archive of Australia (NFSA). According to regulation 6, the term "Act" refers to the National Film and Sound Archive of Australia Act 2008. Furthermore, regulation 6 specifies the prescribed amount for the purposes of certain financial transaction restrictions outlined in paragraphs 39(1)(a) to (e) of the Act, setting this amount at $2,000,000. The Act, along with these regulations, imposes a series of obligations and requirements on the NFSA and other entities it governs. These include responsibilities related to the preservation, conservation, and accessibility of audio-visual materials, ensuring that the NFSA serves as a national repository for films, television, radio, and other sound and moving image materials. The NFSA is required to maintain and curate its collections in accordance with professional standards and practices, ensuring that materials are stored and preserved in a manner that safeguards their integrity and longevity. Additionally, the NFSA must make its collections accessible to the public, facilitating research, education, and cultural engagement through various means such as exhibitions, screenings, and digital platforms. Failure to comply with the provisions of the Act and these regulations can result in various legal consequences. Offences under the Act may lead to both civil and criminal penalties. For instance, under the Act, certain breaches can attract fines, with the specifics of these penalties varying depending on the nature and severity of the offence. The Act also allows for court-ordered remedies, such as injunctions, to prevent further breaches. Additionally, the Act provides for the possibility of criminal charges in cases of particularly serious or repeated violations, which could result in substantial fines and, in some instances, imprisonment. These penalties are designed to enforce compliance and uphold the integrity and purpose of the NFSA.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.