AUSTRALIAN FILM COMMISSION ACT 1975 No. 6 of 1975 - SECT 3 Interpretation.

AUSTRALIAN FILM COMMISSION ACT 1975 No. 6 of 1975 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''Australian film'' means a film-

   (a)  that has been made wholly or substantially in Australia and that, in
        the opinion of the Commission, has a significant Australian content;

   (b)  that is to be made wholly or substantially in Australia and that, in
        the opinion of the Commission, will have a significant Australian
        content; or

   (c)  that has been, or is to be, made in pursuance of an agreement or
        arrangement entered into between the Government of Australia or an
        authority of Australia and the Government of another country or an
        authority of the Government of another country;

''Australian short film'' means-

   (a)  a short film made or commissioned by the Commission that is of a kind
        referred to in paragraph 5 (1) (b) (i), (ii) or (iii); or

   (b)  any other short film-

        (i)    that is an Australian film; and

        (ii)   not less than 80 per centum of the footage of which has been
               photographed specifically for that film,

but does not include a film referred to in paragraph (b) that-

   (c)  is primarily produced for the purpose of promoting a product or
        service;

   (d)  promotes a product or service of a person who has borne the whole or a
        part of the cost of producing the film; or

   (e)  is a news-reel or news-magazine or a trailer or other advertising
        film;

''authorized person'' means a member of the Commission or of the staff of the
Commission authorized by the Commission for the purposes of the provision in
which the expression occurs;

''Chairman'' means the Chairman of the Commission;

''Commission'' means the Australian Film Commission established by this Act;

''Deputy Chairman'' means the Deputy Chairman of the Commission;

''film'' means a photographic film or a recording on magnetic tape or on any
other material from which a series of images, with or without associated
sounds, may be produced, including such a photographic film or recording for
use in a television program;

''general activities'', in relation to the Commission, means any activities of
the Commission other than its special film-making activities;

''member'' means a member of the Commission, and includes the Chairman;

''producer'', in relation to a film, means the person by whom the arrangements
necessary for the making of the film are undertaken;

''short film'' means a film that-

   (a)  is less than 60 minutes in duration; and

   (b)  is designed for, or produced with a view to, theatrical exhibition;

''special film-making activities'', in relation to the Commission, means the
making, or the commissioning of the making, of films referred to in
sub-paragraph 5 (1) (b) (i), (ii) or (iii).

(2) In considering whether a film has or will have a significant Australian
content, the Commission shall have regard to-

   (a)  the subject-matter of the film;

   (b)  the place or places where the film was, or is to be, made;

   (c)  the nationalities and places of residence of-

        (i)    the persons who took part, or are to take part, in the making
               of the film (including authors, composers, actors,
               scriptwriters, editors, producers, directors and technicians);

        (ii)   the persons who own, or will own, the shares or stock in the
               capital of any company concerned in the making of the film; and

        (iii)  the persons who have, or will have, the copyright in the film;

   (d)  the source from which moneys used, or to be used, in the making of the
        film were, or will be, derived; and

   (e)  any other matters that it thinks relevant.