Overview

The Screen Australia Act 2008 was enacted to consolidate the functions of several existing bodies into a single entity, Screen Australia, which replaced the Australian Film Commission (excluding the National Film and Sound Archive function), Film Finance Corporation Australia Limited, and Film Australia Limited from 1 July 2008. The Act was proclaimed by the Minister for the Environment, Heritage and the Arts, and it received Royal Assent on 20 March 2008. The purpose of the proclamation was to establish 1 July 2008 as the commencement date for sections 3 to 45 of the Act. The Screen Australia Act 2008 aims to streamline and enhance the efficiency of the Australian film industry by consolidating the operations of these bodies under one corporate entity. The establishment of Screen Australia is intended to better support the growth and international success of the Australian screen industry.

Scope and Application

The Screen Australia Act 2008, proclaimed on 20 March 2008, establishes Screen Australia as a body corporate, effective from 1 July 2008. This Act consolidates the functions of the Australian Film Commission (excluding the National Film and Sound Archive function), Film Finance Corporation Australia Limited, and Film Australia Limited into a single entity, Screen Australia. The proclamation fixes the commencement date of sections 3 to 45, which would otherwise commence within six months of Royal Assent or on the first day after that period if not earlier. The associated National Film and Sound Archive Act 2008 and the Screen Australia and the National Film and Sound Archive (Consequential and Transitional Provisions) Act 2008, also assented on 20 March 2008, provide for the establishment of the National Film and Sound Archive and address transitional and consequential amendments. These Acts will operate concurrently with the Screen Australia Act 2008, ensuring a coordinated transition. The legislation applies to the new entity, Screen Australia, and the industries it regulates, primarily within the Commonwealth jurisdiction, impacting entities involved in film, television, and digital content production and finance.

Key Provisions

The Screen Australia Act 2008 establishes Screen Australia as a body corporate and is set to replace the Australian Film Commission, Film Finance Corporation Australia Limited, and Film Australia Limited, with the exception of the National Film and Sound Archive (NFSA) function, from 1 July 2008. Section 3 of the Act specifies that the commencement date for sections 3 to 45 is to be fixed by Proclamation, with a default date of six months after Royal Assent if no Proclamation is issued. The Act received Royal Assent on 20 March 2008, and the Proclamation fixes 1 July 2008 as the commencement date for the specified sections. The Act imposes several obligations on Screen Australia and the NFSA, including the management and promotion of the Australian screen industry, which encompasses film, television, animation, and interactive media. The primary duty of Screen Australia is to support the creation and distribution of Australian screen content, and to foster the development of the screen industry. It is also responsible for ensuring that Australian stories and cultural expressions are represented in the content produced. The NFSA, meanwhile, is tasked with preserving and providing access to Australia's film, television, and sound heritage. Failure to comply with the provisions of the Screen Australia Act 2008 can result in both civil and criminal consequences. While the Act does not explicitly outline specific offences or penalties, non-compliance with the industry support and cultural representation duties could potentially lead to legal action by the government or industry stakeholders. Penalties for breaches may vary depending on the nature and severity of the non-compliance, but could include fines, sanctions, or other legal remedies. It is important for Screen Australia and the NFSA to adhere to the Act's provisions to avoid any potential consequences. The associated National Film and Sound Archive Act 2008 and the Screen Australia and the National Film and Sound Archive (Consequential and Transitional Provisions) Act 2008 provide for the establishment of the NFSA and the transitional provisions and consequential amendments related to Screen Australia and the NFSA. These Acts received Royal Assent on the same date as the Screen Australia Act 2008 and will commence on the same day as the operative provisions of the Act. The proclamation is of a machinery nature and does not require consultation as it does not specify any conditions that need to be met before the power to make the proclamation may be exercised.