EXPLANATORY STATEMENT

Issued by the Authority of the Minister for the Environment, Heritage and the Arts

Screen Australia Act 2008

Proclamation

Item 2 of the table in subsection 2(1) of the Screen Australia Act 2008 (the Act) provides that sections 3 to 45 are to commence on a date to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of six months of the date the Act receives Royal Assent, then the provision(s) will commence on the first day after the end of that period. The Act received the Royal Assent on 20 March 2008. 

The Act establishes Screen Australia as a body corporate. Screen Australia will replace the Australian Film Commission (with the exception of the National Film and Sound Archive (NFSA) function), Film Finance Corporation Australia Limited and Film Australia Limited from 1 July 2008.

Associated Acts, the National Film and Sound Archive Act 2008 and the Screen Australia and the National Film and Sound Archive (Consequential and Transitional Provisions) Act 2008, respectively provide for the establishment of the NFSA and transitional provisions and consequential amendments related to Screen Australia and the NFSA. Those Acts also received Royal Assent on 20 March 2008. The operative provisions of those associated Acts will commence at the same time as the Act.

The purpose of the Proclamation is to fix 1 July 2008 as the day that sections 3 to 45 of the Act commence.

The Act specifies no conditions that need to be met before the power to make the

Proclamation may be exercised.

Consultation is not necessary for this instrument as it is of a machinery nature only. A draft of the Screen Australia Bill 2008 and the National Film and Sound Archive Bill 2008 were released for public comment prior to introduction into the Parliament.