Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Cinemedia Corporation Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 1
3. Definitions 2
PART 2--CINEMEDIA CORPORATION 4
4. Establishment of Corporation 4
5. Corporation represents the Crown 4
6. Functions of Corporation 4
7. Powers of Corporation 5
8. Corporation may form companies etc. 6
9. Audit of company's accounts 7
10. Borrowing and investment powers 9
11. Directions of Minister 9
12. Delegation 10
13. Committees 10
14. Conflicts of interest--committees 10
PART 3--THE BOARD 13
15. Board of directors 13
16. Constitution of the Board 13
17. Appointment of directors, other than managing director 13
18. Managing director 14
19. Vacancies and resignation 15
20. Acting appointments 15
21. Acting managing director 16
22. Validity of decisions 16
23. Conflicts of interest--directors 16
24. Proceedings of the Board 18
25. Staff 18
26. Consultants 18
i
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Clause Page
PART 4--GENERAL 19
27. Deposit of copy film etc. with Corporation 19
28. Nothing void merely because of non-compliance 19
29. Corporation may make rules 19
30. Regulations 20
PART 5--CONSEQUENTIAL AMENDMENTS 21
31. Borrowing and Investment Powers Act 1987 21
32. Repeal 21
33. Ministry for the Arts Act 1972 21
PART 6--TRANSITIONAL PROVISIONS 22
34. Definitions 22
35. Corporation to be successor in law of Film Victoria and the
Council 23
36. Instruments of Film Victoria or the Council 23
37. Proceedings 23
38. Determination of staff to be transferred 24
39. Transfer of staff 24
40. Directors 25
NOTES 26
ii
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
s. 2
A BILL
to establish the Cinemedia Corporation, to repeal the Film Victoria
Act 1981 and the State Film Centre of Victoria Council Act 1983
and for other purposes.
Cinemedia Corporation Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to establish the Cinemedia Corporation; and
(b) to repeal the Film Victoria Act 1981 and the
5
State Film Centre of Victoria Council Act
1983.
2. Commencement
1
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
Act No.
(1) This Part and section 38 come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
5
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1997, it
comes into operation on that day.
3. Definitions
10
In this Act--
"appointed director" means a director other than
the managing director;
"Board" means the Board of directors of the
Corporation;
15
"chairperson" means chairperson of the Board;
"Corporation" means Cinemedia Corporation
established by section 4;
"director" means chairperson, managing director
or other director of the Corporation and
20
includes a person for the time being acting as
a director;
"film" means a recording in or on material of any
kind (whether invented at the
commencement of this section or not) from
25
which moving images, with or without
associated sounds, may be produced;
"managing director" means managing director
of the Board;
"multimedia applications" means the ways in
30
which sound, image or text accessible
through digital technology may be used,
2
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 3 Act No.
manipulated or transmitted by means of that
technology;
"multimedia content" means any sound, image
or text that may be accessed (and whether or
not also manipulated) through digital
5
technology and includes multimedia
applications;
"sound recording" means a recording in or on
material of any kind (whether invented at the
commencement of this section or not ) from
10
which a series of sounds associated with a
film may be produced, including such a
recording for use in, or as, a radio program.
_______________
15
3
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 4
Act No.
PART 2--CINEMEDIA CORPORATION
4. Establishment of Corporation
(1) There is established by this Act a corporation by
the name of Cinemedia Corporation.
(2) The Corporation--
5
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue or be sued in its corporate name;
(d) may acquire, hold and dispose of real and
10
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The official seal of the Corporation must be kept
as directed by the Corporation and must not be
15
used except as authorised by the Corporation.
(4) All courts must take judicial notice of the seal of
the Corporation affixed to a document and, until
the contrary is proved, must presume that it was
duly affixed.
20
5. Corporation represents the Crown
In performing its functions and duties and
exercising its powers under this Act, the
Corporation represents the Crown.
6. Functions of Corporation
25
The functions of the Corporation are--
(a) to promote the development of the film and
multimedia industries in Victoria;
4
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 7 Act No.
(b) to provide financial and other assistance to
the film and multimedia industries in
Victoria;
(c) to assist the development or commercial
exploitation of any product, program or
5
service for or in respect of the film or
multimedia industry;
(d) to assist the development of any production,
program or service for or in respect of a
government department or a public statutory
10
authority;
(e) to promote or participate in any arrangement
or agreement for the financing of film
production or multimedia content
production;
15
(f) to develop and maintain a collection of films,
sound recordings and multimedia content;
(g) to promote public education and discourse
with reference to films and multimedia
content.
20
7. Powers of Corporation
(1) The Corporation has power to do all things
necessary or convenient to be done for or in
connection with, or as incidental to, the
performance of its functions.
25
(2) Without limiting sub-section (1), the Corporation
may, in connection with the performance of its
functions--
(a) enter into agreements or arrangements;
(b) acquire, hold and dispose of real or personal
30
property;
(c) appoint agents and attorneys, and act as
agent for other persons;
5
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 8
Act No.
(d) accept gifts, grants, bequests and devises
made to it and act as trustee of money or
other property vested in it on trust;
(e) lend or grant money on any terms and
conditions that it thinks fit;
5
(f) provide consultancy and project management
services;
(g) operate a facility where it may carry out
promotional, educational or other activities
available to the public;
10
(h) make available for public use items from its
collection of films, sound recordings and
multimedia content;
(i) acquire, or enter into agreements or
arrangements with respect to the acquisition
15
of, the copyright, or an interest in the
copyright, in any film, sound recording or
multimedia content;
(j) enter into agreements for the performance by
another person of any function of the
20
Corporation, or for the performance by
another person of any activity connected
with such a function.
(3) The Corporation must, so far as is consistent with
the other requirements of this Act, give preference
25
in the exercise of its powers to persons having
their principal places of business in Victoria.
8. Corporation may form companies etc.
(1) The Corporation, in connection with the
performance of its functions--
30
(a) may form, or participate in the formation of,
companies;
(b) may form, or participate in the formation of,
and may participate in, partnerships, trusts,
6
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 9 Act No.
unincorporated joint ventures and other
arrangements for the sharing of profits;
(c) with the approval of the Minister and subject
to any terms and conditions that the Minister
determines, be a member of a company the
5
objects of which are incidental or conducive
to the performance of any of the functions of
the Corporation.
(2) If the Corporation is a member of a company in
which it has a controlling interest, the
10
Corporation--
(a) must include in its annual report a copy of
the accounts of the company in respect of the
financial year ending during the period to
which the Corporation's annual report
15
relates; and
(b) within 14 days of the lodging of any report,
statement or return in respect of the company
with the Australian Securities Commission,
must submit a copy of the report, statement
20
or return to the Minister.
(3) For the purposes of sub-section (2), the
Corporation has a controlling interest in a
company if the Corporation would be a substantial
shareholder within the meaning of the
25
Corporations Law in that company if a reference
in section 708(5) of the Corporations Law to the
prescribed percentage were a reference to 50
per centum.
9. Audit of company's accounts
30
(1) If the Corporation is a member of a company in
which it has a controlling interest within the
meaning of section 8, the accounts of the company
must be audited annually by the Auditor-General.
35
7
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 9
Act No.
(2) The requirements of sub-section (1) are in
addition to the requirements of the Corporations
Law.
(3) The Corporation must pay to the Consolidated
Fund an amount to be determined by the Auditor-
5
General to defray the reasonable costs and
expenses of an audit under this section.
(4) The following provisions apply to an audit under
sub-section (1)--
(a) the Auditor-General has with respect to the
10
accounts of the company all the powers
conferred on the Auditor-General by any law
relating to the auditing of public accounts;
(b) the company must within 3 months after 31
December in each year cause its accounts to
15
be balanced to that date and a statement of
accounts to be prepared and submitted to the
Auditor-General;
(c) the statement of accounts must be prepared
in the manner and in the form approved by
20
the Minister and must present fairly the
financial transactions of the company during
the year and the financial position of the
company at the end of the year;
(d) the Auditor-General must forward to the
25
Minister a copy of the audited annual
accounts.
(5) Without limiting the generality of the powers of
the Auditor-General under sub-section (4), the
Auditor-General personally or by the Auditor-
30
General's officers--
(a) has right of access at all times to the books,
securities, accounts and vouchers of the
company; and
8
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 10 Act No.
(b) may require from the officers and employees
of the company any information, assistance
and explanations that are necessary for the
performance of the Auditor-General's duties.
(6) Sub-sections (1), (3) and (5) do not apply to a
5
company of which the Corporation has ceased to
be a substantial shareholder before the last
preceding annual audit.
10. Borrowing and investment powers
The Corporation has the powers conferred on it by
10
the Borrowing and Investment Powers Act
1987.
11. Directions of Minister
(1) In the exercise of its powers and performance of
its functions, the Corporation is subject to the
15
general direction and control of the Minister and
to any specific direction given by the Minister in
writing in relation to the making of a loan or grant
of money, or a class of loans or grants of money,
specified in the direction.
20
(2) A direction under this section may include a
direction that a loan or grant of money or a class
or classes of loans or grants of money specified in
the direction be approved by the Minister.
(3) As soon as possible after giving a direction in
25
writing to the Corporation, the Minister must
cause a copy of the direction to be published in
the Government Gazette.
(4) The Board must include in the annual report of
operations a copy of each direction given to it in
30
writing by the Minister during the year to which
the report relates.
9
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 12
Act No.
12. Delegation
The Corporation may, by instrument under its
official seal, delegate to--
(a) a director; or
(b) an officer of the Corporation by name or the
5
holder of an office within the Corporation; or
(c) with the consent of the Minister, the
members of a committee established by the
Corporation--
any power of the Corporation, other than--
10
(d) this power of delegation; and
(e) any power to make rules; and
(f) any other power that is prescribed for the
purposes of this section.
13. Committees
15
(1) The Corporation may establish any committee to
advise the Corporation on any matter referred to it
by the Corporation and may appoint directors,
staff of the Corporation or other persons as
members of such a committee.
20
(2) The members of a committee must include at least
one director.
(3) A member of a committee who is neither a
director nor a member of the staff of the
Corporation may be paid the remuneration and
25
allowances (if any) as are fixed by the
Corporation from time to time in respect of the
member.
14. Conflicts of interest--committees
(1) If--
30
(a) a member of a committee has a direct or
indirect pecuniary interest in a matter being
10
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 14 Act No.
considered or about to be considered by the
committee; and
(b) the interest could conflict with the proper
performance of the member's duties in
relation to the consideration of the matter--
5
the member, as soon as practicable after becoming
aware of the relevant facts, must declare the
nature of the interest to the committee.
Penalty: 5 penalty units.
(2) The committee must cause the declaration to be
10
tabled at the next meeting of the committee and
the person presiding at that meeting must cause
the declaration to be recorded in the minutes of
the meeting.
(3) A member who has a conflict of interest in a
15
matter--
(a) must not be present during any deliberations
on the matter, unless the committee directs
otherwise; and
(b) is not entitled to vote on the matter.
20
(4) If a member votes on a matter in contravention of
sub-section (3)(b), the vote must be disallowed.
(5) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take part in
25
making a direction, under sub-section (3)(a).
(6) For the purposes of this section, a member is not
to be regarded as having a conflict of interest--
(a) in a matter relating to the supply of goods or
services to the member if the goods or
30
services are, or are to be, available to
members of the public on the same terms and
conditions; or
11
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 14
Act No.
(b) in a contract or arrangement only because
that contract or arrangement may benefit a
company or other body in which the member
has a beneficial interest that does not exceed
1% of the total nominal value of beneficial
5
interests in that company or body.
_______________
12
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 15 Act No.
PART 3--THE BOARD
15. Board of directors
(1) There shall be a Board of directors of the
Corporation.
(2) The Board--
5
(a) is responsible for the management of the
affairs of the Corporation; and
(b) may exercise the powers of the Corporation,
including the power of delegation.
16. Constitution of the Board
10
(1) The Board shall consist of--
(a) the chairperson;
(b) the managing director;
(c) not less than 5 and not more than 7 other
directors.
15
(2) Directors referred to in sub-section (1)(c) shall, if
practicable, include some directors who are
experienced in the commercial or cultural film,
television or multimedia industry.
17. Appointment of directors, other than managing
20
director
(1) The chairperson and other directors, other than the
managing director, shall be appointed by the
Governor in Council for the term, not exceeding 3
years, that is specified in the instrument of
25
appointment but are eligible for re-appointment.
(2) The appointed directors hold office on a part-time
basis.
(3) An appointed director is entitled to be paid the
remuneration or travelling or other allowances
30
13
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 18
Act No.
fixed for that director from time to time by the
Governor in Council.
(4) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
not apply to an appointed director in respect of the
5
office of director.
(5) A director is appointed subject to any other terms
and conditions that are specified in the instrument
of appointment.
18. Managing director
10
(1) The managing director shall be appointed by the
Board, with the approval of the Minister, for the
term, not exceeding 5 years, that is specified in
the instrument of appointment but is eligible for
re-appointment.
15
(2) A director appointed under section 18 is not
eligible to be appointed as, or to act as, the
managing director.
(3) The managing director holds office on a full-time
basis.
20
(4) The managing director shall--
(a) be the chief executive officer of the
Corporation; and
(b) have the control and management of the day
to day affairs of the Corporation in
25
accordance with directions given by the
Board.
(5) The managing director holds office, subject to this
Act, on the terms and conditions that are specified
in the instrument of appointment.
30
(6) The Board must not remove the managing director
from office except with the approval of the
Minister.
14
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 19 Act No.
19. Vacancies and resignation
(1) A director ceases to be a director if he or she--
(a) becomes bankrupt; or
(b) is convicted of an indictable offence or of an
offence which, if committed in Victoria,
5
would be an indictable offence; or
(c) is absent from 3 consecutive meetings of the
Board without the prior leave of the Board.
(2) An appointed director may resign by notice in
writing signed by the director and delivered to the
10
Minister.
(3) The managing director may resign by notice in
writing signed by the managing director and
delivered to the Board.
20. Acting appointments
15
(1) The Governor in Council may appoint a person to
act as an appointed director--
(a) during a vacancy in the office of an
appointed director; or
(b) during any period, or during all periods,
20
when an appointed director is unable, for any
reason, to attend meetings of the Board.
(2) The managing director is not eligible for
appointment under this section.
(3) A person appointed to act as a director of the
25
Corporation--
(a) has the rights, powers and duties of the
director for whom he or she acts; and
(b) is entitled to be paid the remuneration or
travelling or other allowances fixed by the
30
Governor in Council.
15
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 21
Act No.
21. Acting managing director
(1) The Board may appoint a person to act as
managing director--
(a) during a vacancy in the office of managing
director; or
5
(b) during any period, or during all periods,
when the managing director is absent from
duty or from Victoria or is, for any other
reason, unable to perform the duties of the
office.
10
(2) An appointed director is not eligible for
appointment under this section.
22. Validity of decisions
An act or decision of the Board is not invalid--
(a) by reason only--
15
(i) of a defect or irregularity in, or in
connection with, the appointment of a
director; or
(ii) of a vacancy in the office of director,
including a vacancy arising out of the
20
failure to appoint an original director;
or
(b) on the ground that the occasion for an acting
director to act had not arisen or had ceased.
23. Conflicts of interest--directors
25
(1) If--
(a) a director has a direct or indirect pecuniary
interest in a matter being considered or about
to be considered by the Board; and
(b) the interest could conflict with the proper
30
performance of the director's duties in
relation to the consideration of the matter--
16
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 23 Act No.
the director, as soon as practicable after becoming
aware of the relevant facts, must declare the
nature of the interest to the Board.
Penalty: 5 penalty units.
(2) The Board must cause the declaration to be tabled
5
at the next meeting of the Board and the person
presiding at that meeting must cause the
declaration to be recorded in the minutes of the
meeting.
(3) A director who has a conflict of interest in a
10
matter--
(a) must not be present during any deliberations
on the matter, unless the Board directs
otherwise; and
(b) is not entitled to vote on the matter.
15
(4) If a director votes on a matter in contravention of
sub-section (3)(b), the vote must be disallowed.
(5) A director who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take part in
20
making a direction, under sub-section (3)(a).
(6) For the purposes of this section, a director is not
to be regarded as having a conflict of interest--
(a) in a matter relating to the supply of goods or
services to the director if the goods or
25
services are, or are to be, available to
members of the public on the same terms and
conditions; or
(b) in a contract or arrangement only because
that contract or arrangement may benefit a
30
company or other body in which the director
has a beneficial interest that does not exceed
1% of the total nominal value of beneficial
interests in that company or body.
17
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 24
Act No.
24. Proceedings of the Board
(1) Subject to sub-section (2), meetings of the Board
shall be held at the times and places that the Board
determines.
(2) The Board must meet at least 3 times a year.
5
(3) A majority of the directors for the time being in
office constitutes a quorum of the Board.
(4) The chairperson or, in his or her absence, a
director appointed by the directors present, must
preside at a meeting of the Board.
10
(5) A question arising at a meeting of the Board must
be determined by a majority of votes of directors
present and voting on that question and, if voting
is equal, the person presiding has a casting, as
well as a deliberative, vote.
15
(6) The Board must ensure that minutes are kept of
each meeting.
(7) Subject to this Act, the Board may regulate its
own proceedings.
25. Staff
20
(1) The Corporation may employ any persons
necessary for the performance of its functions.
(2) The terms and conditions of employment are as
determined by the Board.
26. Consultants
25
(1) The Corporation may engage any consultants that
it requires in order to perform its functions.
(2) The terms and conditions of engagement are as
determined by the Board.
30 _______________
18
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 27 Act No.
PART 4--GENERAL
27. Deposit of copy film etc. with Corporation
(1) If--
(a) a government department or a public
statutory authority produces or has produced
5
a film or sound recording or multimedia
content; and
(b) the film, sound recording or multimedia
content is published--
the publisher must cause to be deposited with the
10
Corporation a copy of the film, sound recording or
multimedia content.
(2) The requirements of this section are in addition to
a requirement for deposit under any other Act.
28. Nothing void merely because of non-compliance
15
Nothing done by the Corporation is void or
unenforceable merely because the Corporation has
failed to comply with this Act.
29. Corporation may make rules
The Corporation may make rules not inconsistent
20
with the regulations with respect to--
(a) regulating admission to or exclusion from
any facility under the control of and used by
the Corporation in the performance of its
functions, including the charging of a fee for
25
admission to the facility; and
(b) the inspection or copying of films, sound
recordings, multimedia content and other
materials under the control of the
Corporation; and
30
(c) the holding or giving of screenings,
exhibitions, displays and lectures at any
19
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 30
Act No.
facility under the control of and used by the
Corporation in the performance of its
functions.
30. Regulations
(1) The Governor in Council may make regulations
5
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) The regulations may impose penalties not
10
exceeding 5 penalty units for a contravention of
the regulations.
_______________
20
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 31 Act No.
PART 5--CONSEQUENTIAL AMENDMENTS
31. Borrowing and Investment Powers Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987, before item 1 insert--
Cinemedia Corporation 5, 8, 11, 13, 20, 20A
"1AA.
and 21".
32. Repeal
5
(1) The Film Victoria Act 1981 is repealed.
(2) The State Film Centre of Victoria Council Act
1983 is repealed.
33. Ministry for the Arts Act 1972
In the Schedule to the Ministry for the Arts Act
10
1972, omit "Film Victoria Act 1981" and "State
Film Centre of Victoria Council Act 1983".
_______________
21
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 34
Act No.
PART 6--TRANSITIONAL PROVISIONS
34. Definitions
In this Part--
"Council" means State Film Centre of Victoria
Council established by the State Film
5
Centre of Victoria Council Act 1983;
"Film Victoria" means the Corporation by the
name of Film Victoria established by the
Film Victoria Act 1981;
"instrument of Film Victoria or the Council"
10
means an instrument subsisting immediately
before the succession day--
(a) to which Film Victoria or the Council
was a party; or
(b) that was given to or in favour of Film
15
Victoria or the Council;
(c) that refers to Film Victoria or the
Council; or
(d) under which--
(i) money is, or may become, payable
20
to or by Film Victoria or the
Council; or
(ii) other property is to be, or may
become liable to be, transferred to
or by Film Victoria or the
25
Council;
"liabilities" means all liabilities, duties and
obligations, whether actual, contingent or
prospective;
"property" means any legal or equitable estate or
30
interest (whether present or future and
22
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 35 Act No.
whether vested or contingent) in real or
personal property of any description;
"rights" means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
5
"succession day" means the day on which this
section comes into operation.
35. Corporation to be successor in law of Film Victoria
and the Council
On the succession day--
10
(a) all property and rights of Film Victoria and
the Council, wherever located, vest in the
Corporation; and
(b) all liabilities of Film Victoria and the
Council, wherever located, become liabilities
15
of the Corporation; and
(c) the Corporation becomes the successor in
law of Film Victoria and the Council; and
(d) Film Victoria and the Council are dissolved.
36. Instruments of Film Victoria or the Council
20
Each instrument of Film Victoria or the Council
continues to have effect according to its tenor on
and after the succession day as if a reference in
the instrument to Film Victoria or the Council
were a reference to the Corporation.
25
37. Proceedings
If, immediately before the succession day,
proceedings to which Film Victoria or the Council
was a party were pending or existing in any court
or tribunal, then on and after the succession day,
30
the Corporation is substituted for Film Victoria or
the Council as a party to the proceedings and has
23
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 38
Act No.
the same rights in the proceedings as Film
Victoria or the Council had.
38. Determination of staff to be transferred
The Minister must designate in writing the
officers and employees of the public service who
5
are employed in the administration of the Film
Victoria Act 1981 or the State Film Centre of
Victoria Council Act 1983 who are to become
employees of the Corporation under section 39.
39. Transfer of staff
10
(1) On and from the succession day, any officer or
employee designated under section 38--
(a) becomes an employee of the Corporation;
and
(b) is entitled to remuneration, terms and
15
conditions no less favourable than those
which he or she received or was entitled to
receive immediately before the succession
day as such an officer or employee; and
(c) retains any entitlement to long service leave,
20
annual leave, sick leave or other leave
accrued or accruing to that person
immediately before the succession day.
(2) If a person who becomes an employee of the
Corporation under this section was, immediately
25
before the succession day, an officer within the
meaning of the State Superannuation Act 1988
or a corresponding previous enactment, he or she
continues, subject to that Act, to be an officer
within the meaning of that Act while serving with
30
the Corporation.
(3) For the purpose of long service leave entitlements
as employees of the Corporation of those
transferred under this section, their service with
24
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
s. 40 Act No.
the public service must be taken to be service with
the Corporation.
(4) A person who becomes an employee of the
Corporation under this section may, not later than
3 months after the succession day, elect by notice
5
in writing to the Public Service Commissioner to
return to the public service as an officer.
(5) If a person returns to the public service by making
an election under sub-section (4), the period of the
person's service with the Corporation is to be
10
taken to be service in the public service.
40. Directors
On the succession day--
(a) the person who immediately before the
succession day was the President of the
15
Council is deemed to be appointed as the
chairperson of the Board of directors of the
Corporation; and
(b) any other person who immediately before the
succession day was a member of Film
20
Victoria or a member of the Council is
deemed to be an appointed director of the
Corporation--
on the same terms and conditions and for the
remainder of the term specified in his or her
25
instrument of appointment.
25
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
Cinemedia Corporation Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
26
531077B.I1-12/11/96 BILL LA INTRODUCTION 12/11/96
[Index] [Search] [Download] [Related Items] [Help]