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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to set out the object of the Film and Television Office as assisting,
promoting and strengthening the film and television industry in New
South Wales so as to promote Australia's cultural identity, encourage
the employment of Australians in all aspects of film and television
production, encourage investment in the industry, enhance the
industry's export potential, encourage innovation and enhance quality
in the industry,
(b) to expand the functions of the Office to enable the Office to achieve its
object,
(c) to remove the Office's responsibility as the sole producer of
Government documentaries and include instead responsibility for
providing policy and support services and advice to Government
agencies on the production of films and sound recordings,
(d) to establish a board of management of the Office,
(e)
to provide statutory recognition of the existing position of Director of
the Office who is to be responsible to the board for the day to day
management of the operation of the Office,
(f) to make consequential amendments.
Clause 2 provides that the proposed Act will commence on a day or days to
be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of
amendments to the Film Industry Act 1988.
Schedule 1
Amendments
Object and functions of the Office
Schedule 1 [8] inserts new section 4A into the Act which states that the
object of the Office is to assist, promote and strengthen the film and
television industry in New South Wales so as to promote Australia's cultural
identity, encourage the employment of Australians in all aspects of film and
television production, encourage investment in the industry, enhance the
industry's export potential, encourage innovation and enhance quality in the
industry. Schedule 1 [l] makes a consequential amendment. Schedule 1 [2]
renames the Act as the Film and Television Office Act 1988.
Schedule 1 [11] replaces section 6. The proposed section expands the
functions of the Office so as to enable it to achieve its object. Proposed
section 6 (1) (e), for example, enables the Office to assist in the promotion of
public interest in film as a medium of communication and as an art form and
in the development of an informed and critical film audience. Proposed
section 6 (1) (h) enables the Office to undertake the production of films or
sound recordings on its own behalf or for any other person or organisation
(including any Government agency). Schedule 1 [5] makes a consequential
amendment.
Schedule 1 [3] and [4] insert a definition of sound recording, and new
definition of film, into the Act.
Schedule 1 [9] and [10] update references.
Schedule 1 [13] omits an obsolete section.
Explanatory note page 2
Operation and management of the Office
Schedule 1 [11] also inserts new Divisions 2 and 3 (sections 6A6E) into
Part 2 of the Act:
Proposed section 6A establishes the Board of the Office which is to
consist of 7 members appointed by the Governor. At least one of the
members is to be from outside the film and television industry and the
member who is appointed Chairperson of the Board must be a member
appointed from outside the industry.
· Proposed section 6B provides that the Office is subject to the control
and direction of the Minister.
Proposed section 6C (1) gives the primary responsibility for the
operation of the Office to the Board, while proposed section 6D (1)
gives responsibility for the day to day management of the Office to the
Director. The Director is to manage the Office in accordance with the
general policies and any specific directions of the Board. Proposed
section 6C (2) requires the Board to provide the Minister with any
information relating to the Office's functions as the Minister requests.
Proposed section 6C (2) provides that the acts of the Director done in
the name of the Office are taken to be the acts of the Office.
· Proposed section 6D provides that the Director is entitled to attend, and
participate in discussions at, meetings of the Board but is not entitled
to vote at the meetings.
Schedule 1 [3] inserts definitions of Board and Director into the Act.
Schedule 1 [6] and [7] make consequential amendments.
Schedule 1 [12] inserts new section 9A into the Act which protects the
Director, members of the Board and other persons acting under the direction
of the Director or the Board from personal liability for acts done in good faith
for the purpose of executing the Act.
Schedule 1 [17] replaces Schedule 2 to the Act. The proposed Schedule
contains provisions relating to the constitution and procedure of the Board.
Savings and transitional matters
Schedule 1 [14][16] amend Schedule 1 (Savings, transitional and other
provisions) to enable the making of regulations of a savings and transitional
nature consequent on the enactment of the proposed Act and provide for the
saving of existing delegations.
Explanatory note page 3