Commonwealth Numbered Acts

AUSTRALIAN FILM COMMISSION ACT 1975 No. 6 of 1975 - SECT 39

PART VI-TRANSITIONAL PROVISIONS WITH RESPECT TO ASSETS
39. (1) The Australian Film Development Corporation Act 1970 and the
Australian Film Development Corporation Act (No. 2) 1970 are repealed.

(2) Upon the date of commencement of this Part-

   (a)  all rights, property and assets (including the moneys standing to the
        credit of the Australian Film Development Fund) that, immediately
        before that date, were vested in the Australian Film Development
        Corporation are, by force of this sub-section, vested in the
        Commission; and

   (b)  the Commission becomes, by force of this sub-section, liable to pay
        and discharge all the debts, liabilities and obligations of the
        Australian Film Development Corporation that existed immediately
        before that date.

(3) Any agreement or instrument subsisting immediately before the date of
commencement of this Part to which the Australian Film Development Corporation
was a party has effect on and after that date as if-

   (a)  the Commission were substituted for the Corporation as a party to the
        agreement or instrument; and

   (b)  any reference in the agreement or instrument to the Corporation were
        (except in relation to matters that occurred before that date) a
        reference to the Commission.

(4) Notwithstanding the repeal effected by sub-section (1), the Australian
Film Development Corporation as constituted immediately before the
commencement of this Part shall, for the purpose of preparing and furnishing
to the Minister the report and financial statements referred to in sub-section
(5), continue in existence until it has furnished that report and those
financial statements.

(5) The Australian Film Development Corporation shall, as soon as practicable
after the commencement of this Part, prepare and furnish to the Minister a
report of its operations during the period that commenced on 1 July 1974 and
ended immediately before the commencement of this Part together with financial
statements in respect of that period in such form as the Treasurer approves,
and sub-sections 28 (2) and (3) of the Australian Film Development Corporation
Acts 1970 have the like effect in respect of the report and the financial
statements as those sub-sections would have if-

   (a)  they had not been repealed;

   (b)  the report and financial statements were furnished under section 28 of
        that Act; and

   (c)  the period to which the report and financial statements relate were a
        year that ended on 30 June.

(6) Subject to sub-section (7), the members of the Australian Film Development
Corporation as continued in existence by virtue of sub- section (4) are
entitled, while they remain such members, to the remuneration and allowances
to which they were entitled under the Australian Film Development Corporation
Act 1970-1973 immediately before the commencement of this Part.

(7) For the purposes of the payment of remuneration and allowances to a member
of the Australian Film Development Corporation, as continued in existence by
virtue of sub-section (4), who is appointed to be a member of the
Australian Film Commission, the performance of his duties as a member of the
Corporation shall be deemed to be the performance of his duties as a member of
the Commission.