National Library Amendment Regulations 2002 (No. 1) 2002 No. 162
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 162
Issued with the Authority of the Minister for the Arts and Sport
Australian Film Commission Act 1975
Australian Film, Television and Radio School Act 1973
Australian National Maritime Museum Act 1990
National Library Act 1960
Australian Film Commission Regulations 2002
Australian Film, Television and Radio School Amendment Regulations 2002 (No. 1)
Australian National Maritime Museum Amendment Regulations 2002 (No. 1)
National Library Amendment Regulations 2002 (No. 1)
The Australian Film Commission Act 1975 (the AFC Act) establishes the Australian Film Commission (the Commission). The Australian Film, Television and Radio School Act 1973 (the AFTRS Act) establishes the Australian Film, Television and Radio School (the School). The Australian National Maritime Museum Act 1990 (the ANMM Act) establishes the Australian National Maritime Museum (the Museum). The National Library Act 1960 (the NL Act) establishes the National Library of Australia (the Library).
Section 46, 51, 54 and 28 respectively of the AFC, AFTRS, ANMM and NL Acts provide that the Governor-General may make regulations, not inconsistent with these Acts, prescribing all matters which by the Acts are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Acts.
Subsections 35(1), 40(1) and 7A(1) respectively of the AFC, AFTRS and NLA Acts provide that the Commission, School and Library shall not, without the approval of the Minister:
(a) acquire any property, right or privilege for a consideration exceeding in amount or value $250,000 or, if a higher amount is prescribed, that higher amount;
(b) dispose of any property, right or privilege where the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds $250,000 or, if a higher amount is prescribed, that higher amount;
(c) enter into a contract for the construction of a building for the institution, being a contract under which the institution is to pay an amount exceeding $250,000 [$50,000 in the case of the School] or, if a higher amount is prescribed, that higher amount; or
(d) enter into a lease of land for a period exceeding 10 years.
Subsection 47(1) of the ANMM Act provides that the Museum shall not, without the approval of the Minister, pay or receive:
(a) in the case of a contract for the acquisition of any maritime historical material-an amount exceeding $250,000 or, if a higher amount is prescribed for the purposes of this paragraph, an amount exceeding that higher amount; or
(b) in any other case-an amount exceeding $250,000 or, if a higher amount is prescribed for the purposes of this paragraph, an amount exceeding that higher amount.
The purpose of the Regulations is to increase the existing acquisition, disposal and contract thresholds for the Commission, School, Museum and Library to $1,000,000. The National Library Regulations have also been amended to clarify the Library's power to specify how applications for access to Library material are made.
The existing limits have been considerably eroded by inflation and severely limit what the institutions are able to do. In particular, substantial staff time and resources are devoted to obtaining Ministerial approval for relatively routine contractual matters. Increasing the limits as described will bring the institutions' contractual threshold in line with that of the National Gallery of Australia and the National Museum of Australia.
Details of the Regulations are set out in the Attachment.
The Regulations commence on gazettal.
ATTACHMENT
DETAILS OF THE REGULATIONS
Australian Film Commission Regulations 2002
Regulation 1 - Name of Regulations
Regulation 1 provides that the name of the regulations is the Australian Film Commission Regulations 2002.
Regulation 2 - Commencement
Regulation 2 provides that the regulations would commence on gazettal.
Regulation 3 - Definitions
Regulation 3 provides that in these regulations "Act" means the Australian Film Commission Act 1975.
Regulation 4 - Higher amounts-restrictions on financial transactions
Regulation 4 prescribes thresholds of $1,000,000 for the purposes of paragraphs 35(1)(a), (b) and (c) of the Act.
Australian Film, Television and Radio School Regulations 2002 (No. 1)
Regulation 1 - Name of Regulations
Regulation 1 provides that the name of the proposed regulations is the Australian Film, Television and Radio School Amendment Regulations 2002 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the proposed regulations would commence on gazettal.
Regulation 3 - Amendment of Australian Film, Television and Radio School Regulations
Regulation 3 provides that Schedule 1 amends the Australian Film, Television and Radio School Regulations.
Schedule 1 - Amendment
Item 1
Item 1 of Schedule 1 substitutes new Regulations 1, 2 and 3.
New Regulation 1 - Name of Regulation
New Regulation 2 - Definitions
New Regulations 1 and 2 make incidental changes to the Regulations, consistent with contemporary drafting practice.
New Regulation 1 provides that the name of the regulations is the Australian Film, Television and Radio School Regulations 1986.
New Regulation 2 states in a different form of words that in these Regulations "Act" means the Australian Film, Television and Radio School Act 1973.
New Regulation 3 - Higher amounts-purchase and disposal of assets
New Regulation 3 prescribes thresholds of $1,000,000 for the purposes of paragraphs 40(1)(a), (b) and (c) of the Act.
Australian National Maritime Museum Amendment Regulations 2002 (No. 1)
Regulation 1 - Name of Regulations
Regulation 1 provides that the name of the proposed regulations is the Australian National Maritime Museum Amendment Regulations 2002 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the proposed regulations would commence on gazettal.
Regulation 3 - Amendment of Australian National Maritime Museum Regulations 1994
Regulation 3 provides that Schedule 1 amends the Australian National Maritime Museum Regulations 1991.
Schedule 1 - Amendment
Item 1
Item 1 of Schedule 1 inserts a new regulation 17.
New Regulation 17 - Higher amounts-contracts
New Regulation 17 prescribes thresholds of $1,000,000 for the purposes of paragraphs 47(1)(a) and (b) of the Act.
National Library Amendment Regulations 2002 (No. 1)
Regulation 1 - Name of Regulations
Regulation 1 provides that the name of the proposed regulations is the National Library Amendment Regulations 2002 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the proposed regulations would commence on gazettal.
Regulation 3 - Amendment of National Library Regulations 1994
Regulation 3 provides that Schedule 1 amends the National Library Regulations 1994.
Schedule 1 - Amendment
Item 1
Item 1 of Schedule 1 substitutes a new subregulation 17(2), and inserts a new subregulation 17(3).
Subregulation 17(2) provides that an application for access to library material must:
- be made in a form approved by the Director-General;
- specify the purpose of access to, and the intended use of, the material (as subregulation 17(2) currently reads); and
- include the applicant's name and address.
Subregulation 17(3) provides that an authorised person may require an applicant to produce for inspection an appropriate form of identification that confirms the applicant's name and address.
Item 2
Item 2 of Schedule 1 substitutes a new Part 5 to the National Library Regulations 1994 (the Library Regulations), consisting of regulation 23. The substitution of new Part 5 repeals a spent provision in the Library Regulations. That provision repealed previous National Library Regulations.
Part 5 - Purchase and disposal of assets
Regulation 23 - Higher amounts - purchase and disposal of assets
New regulation 23 prescribes thresholds of $1,000,000 for the purposes of paragraphs 7A(1)(a), (b) and (c) of the Act.