Screen Australia Regulations 2017

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

Legislation au F2017L01020 Regulations In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Screen Australia Act 2008

Screen Australia Regulations 2017

Issued by the Authority of the Minister for the Arts

 

Authority

The Governor-General has made the Screen Australia Regulations 2017 (the new Regulations) under paragraphs 41(1)(a), (b) and (c), and section 45 of the Screen Australia Act 2008 (the Act).

Paragraphs 41(1)(a), (b) and (c) of the Act set restrictions on Screen Australia entering into certain financial transactions relating to property, providing that Screen Australia must not, without approval of the Minister, enter into transactions exceeding the value prescribed in regulations. Proposed financial transactions that exceed the amount prescribed by the new Regulations must be approved by the Minister for the Arts. Section 45 of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that where an Act confers a power to make an instrument of a legislative character (including regulations), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions to repeal, rescind, revoke, amend, or vary any such instrument. The new Regulations repeal the Screen Australia Regulations 2008 (the sunsetting Regulations).

Purpose and operation

The Act establishes Screen Australia as a body corporate. Section 5 of the Act relevantly provides that Screen Australia may acquire, hold and dispose of real and personal property. Section 41 of the Act provides that Screen Australia requires ministerial approval to acquire or dispose of any property, right or privilege, or enter into a contract for the construction of a building exceeding the amount prescribed by regulation.

The sunsetting Regulations prescribe a monetary limit of $1,000,000 on financial transactions relating to property that do not require ministerial approval. Following a review of the sunsetting Regulations, and consultation with Screen Australia, it was determined that the Regulations continue to be required.

The new Regulations reflect the sunsetting Regulations.

The new Regulations are a legislative instrument for the purposes of section 8 of the Legislation Act 2003.

The notes on the provisions of the new Regulations are set out in Attachment A.

Consultation

Screen Australia was consulted throughout the process of preparing the new Regulations.

Regulatory Impact

The Office of Best Practice Regulation (OBPR) has advised that, the remaking of the sunsetting Regulations will not have a regulatory impact, as the regulations apply to a government entity. Therefore, no further action is required under the Government’s regulatory impact analysis requirements. The OBPR reference number is 22480.

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment B.

Attachment A

Notes on the Screen Australia Regulations 2017

Section 1 Name

Section 1 provides that the name of the instrument is the Screen Australia Regulations 2017 (the Regulations).

Section 2 Commencement

Section 2 provides that the Regulations commence on the day after they are registered on the Federal Register of Legislation.

Section 3 Authority

Section 3 provides that the authority for making the Regulations is the Screen Australia Act 2008 (the Act). The applicable provisions that give authority are paragraphs 41 (1)(a), (b) and (c), and section 45 of the Act.

Section 4 Schedules

Section 4 provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable item in the Schedule.

Section 5 Definitions

Section 5 provides that, for the purposes of the Regulations, ‘Act’ means the Screen Australia Act 2008.

Section 6 Restrictions on financial transactions

Section 6 provides that, for the purposes of paragraphs 41(1)(a), (b) and (c) of the Act, the prescribed amount is $1,000,000.

Schedule 1 Repeals

Schedule 1 repeals the sunsetting Screen Australia Regulations 2008.

 


Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Screen Australia Regulations 2017

 

These Regulations are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Regulations

The Screen Australia Regulations 2017 (the new Regulations) is a legislative instrument for the purposes of the Legislation Act 2003.

The new Regulations are prepared under paragraphs 41(1)(a), (b) and (c), and section 45 of the Screen Australia Act 2008 (the Act), and repeal and remake the Screen Australia Regulations 2008 (the sunsetting Regulations), due to sunset on 1 October 2018.

The sunsetting Regulations set restrictions on financial transactions relating to property. Consultation with Screen Australia has determined that the sunsetting Regulations are still required and will therefore be remade.

The new Regulations contain no amendments.

 

Human rights implications

The new Regulations do not engage any of the applicable rights or freedoms.

Screen Australia is established as a body corporate under section 4 of the Act. The new Regulations will only impact Screen Australia and will not inhibit the rights of any natural persons.

 

Conclusion

The Regulations are compatible with human rights as they do not raise any human rights issues.

 

 

 

 

 

Overview

The Screen Australia Act 2008 was enacted by the Parliament of Australia to establish Screen Australia as a statutory body responsible for the development and promotion of the Australian screen industry. This legislation was introduced to address the need for a dedicated entity to support and fund the production and distribution of screen content, including films, television, and digital media, while ensuring that public funds are used effectively and efficiently. The Act provides Screen Australia with the authority to acquire, hold, and dispose of property, subject to certain restrictions and ministerial approvals. The Screen Australia Regulations 2017, made under the authority of the Minister for the Arts, set forth the detailed rules governing financial transactions relating to property that Screen Australia can undertake, ensuring compliance with prescribed monetary limits and the need for ministerial approval where necessary. These regulations aim to maintain financial oversight and integrity in the operations of Screen Australia.

Scope and Application

The Screen Australia Act 2008 establishes Screen Australia as a body corporate, granting it the authority to acquire, hold, and dispose of both real and personal property. The Act further mandates that Screen Australia must obtain ministerial approval for any acquisition or disposal of property, rights, or privileges, as well as for entering into contracts for the construction of buildings that exceed a specified monetary limit. This requirement for ministerial approval is intended to ensure proper oversight and governance of Screen Australia’s financial activities. The Screen Australia Regulations 2017, made under the authority of the Minister for the Arts, set out the specific monetary limit for financial transactions relating to property that do not require ministerial approval, which is $1,000,000. Transactions exceeding this amount must be approved by the Minister. These Regulations, which repeal the previous Screen Australia Regulations 2008, apply nationally across Australia and are designed to facilitate the effective and transparent operation of Screen Australia within the regulatory framework.

Key Provisions

The Screen Australia Regulations 2017 (the new Regulations) govern financial transactions relating to property by Screen Australia, a body corporate established under the Screen Australia Act 2008. Section 6 of the new Regulations prescribes a monetary limit of $1,000,000 for financial transactions involving property that do not require ministerial approval. Transactions exceeding this amount must be approved by the Minister for the Arts. This is a continuation of the provisions set by the sunsetting Screen Australia Regulations 2008, which were due to expire on 1 October 2018 but have been remade to ensure ongoing regulatory oversight. Screen Australia is obligated to comply with these financial transaction limits and must seek ministerial approval for any transactions exceeding the prescribed amount. Section 41 of the Act mandates that ministerial approval is necessary for Screen Australia to acquire or dispose of property, rights, or privileges, or enter into contracts for the construction of buildings exceeding the prescribed monetary value. This requirement ensures that significant financial commitments are reviewed and approved by the relevant Minister, thereby providing a layer of accountability and oversight. Failure to comply with these provisions can result in civil or criminal consequences. While the exact penalties are not specified in the new Regulations, breaches of the Screen Australia Act 2008 or its regulations could lead to enforcement actions by the relevant authorities. These actions might include fines or other penalties as prescribed by law. Additionally, non-compliance could potentially lead to legal challenges or reputational damage for Screen Australia, impacting its operations and credibility. The new Regulations are designed to maintain the necessary oversight and control over Screen Australia's financial activities while ensuring that they align with the legislative framework established by the Screen Australia Act 2008. The compatibility statement confirms that these Regulations do not infringe upon any human rights and are consistent with the human rights and freedoms recognised in international instruments.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

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.