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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Film Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Objectives 3
PART 2--FILM VICTORIA 4
Division 1--Establishment of Film Victoria 4
5. Establishment of Film Victoria 4
6. Film Victoria represents the Crown 4
7. Functions of Film Victoria 5
8. Powers of Film Victoria 6
9. Directions of Minister 7
10. Delegation 8
11. Constitution of Film Victoria 8
12. Membership of Film Victoria not office of profit 9
13. Acting appointments 9
14. Committees 10
15. Chief Executive Officer 10
16. Other staff 11
17. Schedule 11
Division 2--Financial Provisions 11
18. Borrowing and investment powers 11
19. Investment General Fund 11
20. Account 12
PART 3--AUSTRALIAN CENTRE FOR THE MOVING IMAGE 14
Division 1--Establishment of the Australian Centre for the Moving
Image 14
21. Establishment of Australian Centre for the Moving Image 14
22. ACMI represents the Crown 14
23. Functions of ACMI 15
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Clause Page
24. Powers of ACMI 16
25. Collection of moving images 17
26. Sale or disposal of an item in the collection of moving images 17
27. ACMI subject to the control of the Minister 18
28. Delegation 18
29. ACMI may make by-laws 18
30. Constitution of ACMI 19
31. Membership of ACMI not office of profit 19
32. Acting appointments 20
33. Committees 20
34. Chief Executive Officer 21
35. Other staff 21
36. Schedule 21
Division 2--Financial Provisions 22
37. Borrowing and investment powers 22
38. Account 22
PART 4--GENERAL 23
Division 1--Conflict of interest 23
39. Definitions 23
40. Conflicts of interest--member 23
41. Conflicts of interest--committees 24
42. Conflicts of interest--Chief Executive Officer and employees 25
Division 2--Regulations 26
43. Regulations 26
PART 5--TRANSITIONAL PROVISIONS 27
44. Definitions 27
45. Transfer Order 28
46. Film Victoria and ACMI to be successors in law of Corporation 28
47. Substitution of party to agreement 29
48. Proceedings 29
49. Interests in land 29
50. Instrument of the Corporation 30
51. Amendment of the Register 30
52. Taxes 30
53. Evidence 30
54. List of staff 31
55. Transfer of staff 32
56. Future terms and conditions of transferred employees 33
57. Validity of things done under this Part 33
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541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Clause Page
PART 6--CONSEQUENTIAL AMENDMENTS 35
58. Repeal of Cinemedia Corporation Act 1997 35
59. Amendment to the Borrowing and Investment Powers Act
1987 35
60. Amendment to the Corporations (Consequential
Amendments) Act 2001 35
__________________
SCHEDULE--Common provisions applying to Film Victoria and
ACMI 36
ENDNOTES 39
INDEX 40
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541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 31 October 2001
A BILL
to establish Film Victoria and the Australian Centre for the Moving
Image, to repeal the Cinemedia Corporation Act 1997 and for other
purposes.
Film Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to establish Film Victoria; and
5 (b) to establish the Australian Centre for the
Moving Image; and
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Film Act 2001
s. 2
Act No.
(c) to repeal the Cinemedia Corporation Act
1997 and to abolish the Cinemedia
Corporation established under that Act.
2. Commencement
5 (1) This Part and sections 44, 45 and 54 come into
operation on the day after 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
10 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2002, it
comes into operation on that day.
3. Definitions
15 In this Act--
"ACMI" means the Australian Centre for the
Moving Image established by section 21;
"film" in section 4 and in Part 2, means a
recording in or on material of any kind
20 (whether invented at the commencement of
this section or not) from which moving
images, with or without associated sounds,
may be produced;
"Film Victoria" means the body established by
25 section 5;
"moving image" in Part 3, means any image
created in a film, video, digital or other
media format, being an image that alters with
time and that is able to be displayed on a
30 screen.
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Film Act 2001
s. 4
Act No.
4. Objectives
The objectives of this Act are--
(a) to establish Film Victoria to provide
strategic leadership and assistance to the
5 film, television and multimedia industry of
Victoria to encourage innovation and the
creation of new projects of high quality that
are of economic or cultural benefit to
Victoria; and
10 (b) to establish the Australian Centre for the
Moving Image to feature and exhibit film,
television and multimedia programs and to
promote public education in relation to
screen content and culture.
15 _______________
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Film Act 2001
s. 5
Act No.
PART 2--FILM VICTORIA
Division 1--Establishment of Film Victoria
5. Establishment of Film Victoria
(1) There is established by this Act a body by the
5 name of Film Victoria.
(2) Film Victoria--
(a) is a body corporate with perpetual
succession;
(b) has a common seal;
10 (c) may sue or be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
15 (3) The common seal of Film Victoria must be kept as
directed by Film Victoria and must not be used
except as authorised by Film Victoria.
(4) All courts must take judicial notice of the seal of
Film Victoria affixed to a document and, until the
20 contrary is proved, must presume that it was duly
affixed.
6. Film Victoria represents the Crown
In performing its functions and duties and
exercising its powers under this Act, Film Victoria
25 represents the Crown.
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Film Act 2001
s. 7
Act No.
7. Functions of Film Victoria
The functions of Film Victoria are--
(a) to provide financial and other assistance to
the film, television and multimedia industry
5 in Victoria;
(b) to promote, whether in Victoria or
elsewhere, the use of locations or services in
Victoria for the production of any film,
television or multimedia project;
10 (c) to provide financial assistance, whether in
Victoria or elsewhere, to organisations,
events or activities including festivals,
conferences, publications or exhibitions,
where film or other screen-based programs
15 are made, seen or discussed;
(d) to establish and facilitate, whether in
Victoria or elsewhere, relationships for the
development of film, television or
multimedia programs;
20 (e) to provide leadership to the film, television
and multimedia industry in Victoria;
(f) to develop strategic plans for the
development and improvement of the film,
television and multimedia industry in
25 Victoria;
(g) to advise the Minister on matters relating to
the film, television and multimedia industry
in Victoria;
(h) to develop relationships or enter into
30 partnerships with other organisations,
including government bodies, whether in
Victoria or elsewhere, to improve the film,
television and multimedia industry in
Victoria.
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Film Act 2001
s. 8
Act No.
8. Powers of Film Victoria
(1) Film Victoria 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
5 functions.
(2) Without limiting sub-section (1), Film Victoria
may, in connection with the performance of its
functions--
(a) enter into contracts, agreements or
10 arrangements with any person or body and
do everything, including the payment of
money, that is necessary or expedient for
carrying the contracts, agreements or
arrangements into effect;
15 (b) acquire, hold and dispose of real or personal
property;
(c) be a member of a body corporate,
association, partnership, trust or other body;
(d) form, or participate in the formation of, a
20 body corporate, association, partnership,
trust or other body;
(e) enter into a joint venture with another person
or other persons;
(f) do all things necessary or convenient to be
25 done for, or in connection with, a joint
venture in the performance of its functions;
(g) accept gifts, grants, bequests and devises
made to it and act as trustee of money or
other property vested in it on trust;
30 (h) lend or grant money on any terms and
conditions that it thinks fit;
(i) provide consultancy and project management
services;
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Film Act 2001
s. 9
Act No.
(j) acquire, or enter into agreements or
arrangements with respect to the acquisition
of, the copyright, or an interest in the
copyright, in any film television or
5 multimedia program;
(k) charge and receive fees fixed by Film
Victoria in respect of any services supplied
by Film Victoria.
9. Directions of Minister
10 (1) In the exercise of its powers and performance of
its functions, Film Victoria is subject to--
(a) the direction and control of the Minister; and
(b) without limiting paragraph (a), any direction
given by the Minister in writing in relation to
15 the making of a loan or grant of money, or a
class of loans or grants of money, specified
in the direction.
(2) A direction under this section may include a
direction that a loan or grant of money or a class
20 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
writing to Film Victoria, the Minister must cause
a copy of the direction to be published in the
25 Government Gazette.
(4) Film Victoria must include in the annual report of
operations a copy of each direction given to it in
writing by the Minister during the year to which
the report relates.
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Film Act 2001
s. 10
Act No.
10. Delegation
Film Victoria may, by instrument under its
common seal, delegate to--
(a) the members constituting a committee of
5 Film Victoria, if the committee includes 2 or
more members of Film Victoria; or
(b) the Chief Executive Officer; or
(c) any of its members; or
(d) any member of its staff--
10 any power or function of Film Victoria other than
this power of delegation.
11. Constitution of Film Victoria
(1) Film Victoria shall consist of not more than
11 members and not fewer than 7 members
15 appointed by the Governor in Council on the
recommendation of the Minister.
(2) In making a recommendation under sub-section
(1) the Minister must ensure that--
(a) the majority of members are to be chosen
20 from persons who, in the opinion of the
Minister, are experienced in the film,
television or multimedia industry; and
(b) the remaining members are to be chosen
from persons who, in the opinion of the
25 Minister, are experienced in business
administration or another field appropriate to
the functions of Film Victoria.
(3) The Governor in Council must appoint a member
of Film Victoria to be President of Film Victoria.
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Film Act 2001
s. 12
Act No.
(4) A person appointed under sub-section (3)--
(a) is to be appointed for a term not exceeding
3 years;
(b) is eligible for re-appointment;
5 (c) ceases to hold his or her position if he or she
ceases to be a member of Film Victoria.
12. Membership of Film Victoria not office of profit
A member of Film Victoria is not to be taken by
reason of being a member to hold an office or
10 place of profit under the Crown which would--
(a) prevent the member sitting or voting as a
member of the Legislative Council or
Legislative Assembly; or
(b) make void the member's election to the
15 Legislative Council or Legislative Assembly;
or
(c) prevent the member continuing to be a
member of the Legislative Council or
Legislative Assembly; or
20 (d) subject the member to liability to a penalty
under the Constitution Act 1975.
13. Acting appointments
(1) The Minister may appoint a person to act as a
member--
25 (a) during a vacancy in the office of a member;
or
(b) during any period, or during all periods,
when a member is unable, for any reason, to
attend meetings of Film Victoria.
30 (2) A person appointed to act as a member--
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Film Act 2001
s. 14
Act No.
(a) has the rights, powers and duties of the
member for whom he or she acts; and
(b) is entitled to be paid remuneration, sitting
fees, travelling expenses or other expenses
5 fixed by the Minister.
14. Committees
(1) Film Victoria may--
(a) establish any committees it considers
necessary and define the constitution and
10 functions of each committee so established;
(b) determine the procedure of each committee;
(c) change the constitution or functions of a
committee;
(d) dissolve a committee.
15 (2) The members of a committee established by Film
Victoria must include at least one member of Film
Victoria.
(3) A person may be a member of a committee
established by Film Victoria even though he or
20 she is not a member of Film Victoria.
(4) A member of a committee established by Film
Victoria is entitled to receive any fees or
travelling expenses or other expenses determined
by Film Victoria.
25 15. Chief Executive Officer
(1) There shall be a Chief Executive Officer of Film
Victoria who, subject to and in accordance with
the directions given to him or her by Film
Victoria, shall have control of the day to day
30 management of the affairs of Film Victoria.
(2) The Chief Executive Officer shall be appointed by
Film Victoria, with the approval of the Minister,
for the term, not exceeding 5 years, that is
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Film Act 2001
s. 16
Act No.
specified in the instrument of appointment but is
eligible for re-appointment.
(3) The Chief Executive Officer holds office, subject
to this Act, on the terms and conditions that are
5 specified in the instrument of appointment.
(4) Film Victoria must not remove the Chief
Executive Officer from office except with the
approval of the Minister.
16. Other staff
10 Film Victoria may employ any persons necessary
for the performance of its functions.
17. Schedule
The Schedule applies to Film Victoria.
Division 2--Financial Provisions
15 18. Borrowing and investment powers
Film Victoria has the powers conferred on it by
the Borrowing and Investment Powers Act
1987.
19. Investment General Fund
20 (1) Film Victoria must establish and maintain a fund
to be known as the Investment General Fund.
(2) There must be paid into the Fund--
(a) any money that Film Victoria from time to
time determines should be paid into the Fund
25 from money held by Film Victoria;
(b) any money received by Film Victoria as a
return on or in relation to any investment by
Film Victoria in relation to the production of
film or television programs;
30 (c) any income arising from the investment of
the Fund.
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Film Act 2001
s. 20
Act No.
(3) Film Victoria must cause the money in the Fund
to be paid into an account or accounts in any
authorised deposit-taking institution or institutions
within the meaning of the Banking Act 1959 of
5 the Commonwealth approved for the purpose by
the Treasurer.
(4) All money standing to the credit of the Fund
which is not for the time being required for the
purposes of this Act may be invested in such
10 manner as the Treasurer approves.
(5) Money standing to the credit of the Fund must be
applied by Film Victoria to provide financial
assistance for or in relation to the production of
film or television programs in Victoria.
15 20. Account
(1) Film Victoria must establish and maintain in an
authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the
Commonwealth approved for the purpose by the
20 Treasurer an account in the name of Film Victoria
into which is paid all money received by or paid
to Film Victoria other than any money to which
sub-section (3) applies.
(2) Money standing to the credit of Film Victoria in
25 the account established under this section may be
applied by Film Victoria only for or towards the
costs and expenses of or incidental to the
performance of the functions or the exercise of the
powers of Film Victoria under this Act.
30 (3) This section does not apply to--
(a) any money that must be paid into the
Investment General Fund in accordance with
section 19(2);
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Film Act 2001
s. 20
Act No.
(b) any money received or paid out by Film
Victoria subject to and in accordance with
the terms of a special trust.
_______________
5
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Film Act 2001
s. 21
Act No.
PART 3--AUSTRALIAN CENTRE FOR THE MOVING
IMAGE
Division 1--Establishment of the Australian Centre for the
Moving Image
5 21. Establishment of Australian Centre for the Moving
Image
(1) There is established by this Act a body by the
name of Australian Centre for the Moving Image.
(2) ACMI--
10 (a) is a body corporate with perpetual
succession;
(b) has a common seal;
(c) may sue or be sued in its corporate name;
(d) may acquire, hold and dispose of real and
15 personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The common seal of ACMI must be kept as
directed by ACMI and must not be used except as
20 authorised by ACMI.
(4) All courts must take judicial notice of the seal of
ACMI affixed to a document and, until the
contrary is proved, must presume that it was duly
affixed.
25 22. ACMI represents the Crown
In performing its functions and duties and
exercising its powers under this Act, ACMI
represents the Crown.
14
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Film Act 2001
s. 23
Act No.
23. Functions of ACMI
The functions of ACMI are--
(a) to promote and exhibit, whether in Victoria
or elsewhere, the moving image to the public
5 or to any sector of the public;
(b) to develop, control, manage, operate and
promote ACMI and any facilities under the
control of ACMI;
(c) to promote, whether in Victoria or
10 elsewhere, ACMI as a national centre for the
creation and exhibition of the moving image
and promotion of events or activities
including festivals, conferences, publications
or exhibitions, where film or other screen-
15 based programs are made, seen or discussed;
(d) to establish, maintain, conserve, develop,
promote and exhibit, whether in Victoria or
elsewhere, the collection of moving images;
(e) to make, whether in Victoria or elsewhere,
20 any item from the collection of moving
images available for study or loan to persons
or institutions, subject to any conditions that
ACMI determines;
(f) to promote, whether in Victoria or
25 elsewhere, public education and discussion
with reference to the moving image;
(g) to develop and create, whether in Victoria or
elsewhere, exhibitions of the moving image;
(h) to develop and create, whether in Victoria or
30 elsewhere, materials for educational or other
programs conducted by ACMI;
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Film Act 2001
s. 24
Act No.
(i) to conduct, whether in Victoria or elsewhere,
research and development in relation to the
moving image;
(j) to develop relationships or enter into
5 partnerships with other organisations,
including government bodies, whether in
Victoria or elsewhere, to promote public
education in relation to the moving image.
24. Powers of ACMI
10 (1) ACMI 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.
(2) Without limiting sub-section (1), ACMI may, in
15 connection with the performance of its
functions--
(a) enter into contracts, agreements or
arrangements with any person or body and
do everything, including the payment of
20 money, that is necessary or expedient for
carrying the contracts, agreements or
arrangements into effect;
(b) subject to this Act, acquire, hold and dispose
of real or personal property;
25 (c) be a member of a body corporate,
association, partnership, trust or other body;
(d) form, or participate in the formation of, a
body corporate, association, partnership,
trust or other body;
30 (e) enter into a joint venture with another person
or other persons;
(f) do all things necessary or convenient to be
done for, or in connection with, a joint
venture in the performance of its functions;
16
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Film Act 2001
s. 25
Act No.
(g) accept gifts, grants, bequests and devises
made to it and act as trustee of money or
other property vested in it on trust;
(h) provide consultancy and project management
5 services;
(i) acquire, or enter into agreements or
arrangements with respect to the acquisition
of, the copyright, or an interest in the
copyright, in any film television or
10 multimedia program;
(j) make available for public use items from the
collection of moving images.
25. Collection of moving images
The collection of moving images comprises all
15 moving images that are--
(a) vested in ACMI and accepted by ACMI for
the collection of moving images;
(b) acquired by ACMI and accepted by ACMI
for the collection of moving images;
20 (c) given or bequeathed to ACMI and accepted
by ACMI for the collection of moving
images.
26. Sale or disposal of an item in the collection of moving
images
25 Despite anything to the contrary in this Act,
ACMI must not sell or dispose of an item in the
collection of moving images except in accordance
with a resolution of ACMI, approved by the
Minister, that retention of that item, or items of
30 that class, is unnecessary or inappropriate to the
activities of ACMI.
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Film Act 2001
s. 27
Act No.
27. ACMI subject to the control of the Minister
In performing its functions and exercising its
powers under this Act, ACMI is subject to the
direction and control of the Minister.
5 28. Delegation
ACMI may, by instrument under its common seal,
delegate to--
(a) the members constituting a committee of
ACMI, if the committee includes 2 or more
10 members of ACMI; or
(b) the Chief Executive Officer; or
(c) any of its members; or
(d) any member of its staff--
any power or function of ACMI other than--
15 (e) this power of delegation; and
(f) any power to make by-laws.
29. ACMI may make by-laws
ACMI may make by-laws not inconsistent with
this Act or the regulations with respect to--
20 (a) regulating admission to or exclusion from
any facility under the control of and used by
ACMI in the performance of its functions,
including the charging of fees for admission
to that facility; and
25 (b) the safeguarding of the contents of any
facility under the control of and used by
ACMI in the performance of its functions
against theft or damage; and
(c) the preservation, inspection, copying or
30 lending of items in the collection of moving
images or other material under the control of
ACMI; and
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Film Act 2001
s. 30
Act No.
(d) the charging and receiving of fees for
services provided by ACMI and the
imposition of charges for late returns of
loaned items.
5 30. Constitution of ACMI
(1) ACMI shall consist of not more than 11 members
and not fewer than 7 members appointed by the
Governor in Council on the recommendation of
the Minister.
10 (2) In making a recommendation under sub-section
(1) the Minister must ensure that members are to
be chosen from persons who, in the opinion of the
Minister, are experienced in the film, television or
multimedia industry or are experienced in
15 business administration or education or another
field appropriate to the functions of ACMI.
(3) The Governor in Council must appoint a member
of ACMI to be President of ACMI.
(4) A person appointed under sub-section (3)--
20 (a) is to be appointed for a term not exceeding
3 years;
(b) is eligible for re-appointment;
(c) ceases to hold his or her position if he or she
ceases to be a member of ACMI.
25 31. Membership of ACMI not office of profit
A member of ACMI is not to be taken by reason
of being a member to hold an office or place of
profit under the Crown which would--
(a) prevent the member sitting or voting as a
30 member of the Legislative Council or
Legislative Assembly; or
19
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Film Act 2001
s. 32
Act No.
(b) make void the member's election to the
Legislative Council or Legislative Assembly;
or
(c) prevent the member continuing to be a
5 member of the Legislative Council or
Legislative Assembly; or
(d) subject the member to liability to a penalty
under the Constitution Act 1975.
32. Acting appointments
10 (1) The Minister may appoint a person to act as a
member--
(a) during a vacancy in the office of a member;
or
(b) during any period, or during all periods,
15 when a member is unable, for any reason, to
attend meetings of ACMI.
(2) A person appointed to act as a member--
(a) has the rights, powers and duties of the
member for whom he or she acts; and
20 (b) is entitled to be paid remuneration, sitting
fees, travelling expenses or other expenses
fixed by the Minister.
33. Committees
(1) ACMI may--
25 (a) establish any committees it considers
necessary and define the constitution and
functions of each committee so established;
(b) determine the procedure of each committee;
(c) change the constitution or functions of a
30 committee;
(d) dissolve a committee.
20
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Film Act 2001
s. 34
Act No.
(2) The members of a committee established by
ACMI must include at least one member of
ACMI.
(3) A person may be a member of a committee
5 established by ACMI even though he or she is not
a member of ACMI.
(4) A member of a committee established by ACMI is
entitled to receive any fees or travelling expenses
or other expenses determined by ACMI.
10 34. Chief Executive Officer
(1) There shall be a Chief Executive Officer of ACMI
who, subject to and in accordance with the
directions given to him or her by ACMI, shall
have control of the day to day management of the
15 affairs of ACMI.
(2) The Chief Executive Officer shall be appointed by
ACMI, 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
20 re-appointment.
(3) The Chief Executive Officer holds office, subject
to this Act, on the terms and conditions that are
specified in the instrument of appointment.
(4) ACMI must not remove the Chief Executive
25 Officer from office except with the approval of
the Minister.
35. Other staff
ACMI may employ any persons necessary for the
performance of its functions.
30 36. Schedule
The Schedule applies to ACMI.
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Film Act 2001
s. 37
Act No.
Division 2--Financial Provisions
37. Borrowing and investment powers
ACMI has the powers conferred on it by the
Borrowing and Investment Powers Act 1987.
5 38. Account
(1) ACMI must establish and maintain in an
authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the
Commonwealth approved for the purpose by the
10 Treasurer an account in the name of ACMI into
which is paid all money received by or paid to
ACMI other than any money to which sub-section
(3) applies.
(2) Money standing to the credit of ACMI in the
15 account established under this section may be
applied by ACMI only for or towards the costs
and expenses of or incidental to the performance
of the functions or the exercise of the powers of
ACMI under this Act.
20 (3) This section does not apply to any money received
or paid out by ACMI subject to and in accordance
with the terms of a special trust.
_______________
22
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 39
Act No.
PART 4--GENERAL
Division 1--Conflict of interest
39. Definitions
In this Division--
5 "body" means Film Victoria or ACMI;
"committee" means a committee established by
Film Victoria or ACMI;
"member" in section 40, means a member of
Film Victoria or ACMI.
10 40. Conflicts of interest--member
(1) If--
(a) a member has a direct or indirect pecuniary
interest in a matter being considered or about
to be considered by a body; and
15 (b) the interest could conflict with the proper
performance of the duties of the member in
relation to the consideration of the matter--
the member, as soon as practicable after becoming
aware of the relevant facts, must declare the
20 nature of the interest to the President of the body.
Penalty: 10 penalty units.
(2) The President must cause the declaration to be
tabled at the next meeting of the body and the
person presiding at that meeting must cause the
25 declaration to be recorded in the minutes of the
meeting.
23
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 41
Act No.
(3) A member who has a conflict of interest in a
matter--
(a) must not be present during any deliberations
on the matter, unless the President directs
5 otherwise; and
(b) is not entitled to vote on the matter.
(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
10 matter must not be present during any
deliberations leading to a direction, or take part in
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 in a
15 matter relating to the supply of goods or services
to the member if the goods or services are, or are
to be, available to members of the public on the
same terms and conditions.
41. Conflicts of interest--committees
20 (1) If--
(a) a member of a committee has a direct or
indirect pecuniary interest in a matter being
considered or about to be considered by the
committee; and
25 (b) the interest could conflict with the proper
performance of the duties of the member in
relation to the consideration of the matter--
the member, as soon as practicable after becoming
aware of the relevant facts, must declare the
30 nature of the interest to the committee.
Penalty: 10 penalty units.
24
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 42
Act No.
(2) The committee must cause the declaration to be
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
5 the meeting.
(3) A member who has a conflict of interest in a
matter--
(a) must not be present during any deliberations
on the matter, unless the committee directs
10 otherwise; and
(b) is not entitled to vote on the matter.
(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
15 matter must not be present during any
deliberations leading to a direction, or take part in
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 in a
20 matter relating to the supply of goods or services
to the member if the goods or services are, or are
to be, available to members of the public on the
same terms and conditions.
42. Conflicts of interest--Chief Executive Officer and
25 employees
(1) This section has effect where a person who is the
Chief Executive Officer of a body or is an
employee of a body is performing functions or
services as Chief Executive Officer of the body or
30 as employee of the body, as the case may be, and
is required to consider a matter in which the
person has a direct or indirect pecuniary or other
interest that could involve a conflict with the
proper performance or exercise by the person of
35 those functions or services.
25
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 43
Act No.
(2) In the case of the Chief Executive Officer of the
body, the person must without delay give to the
President of the body a written notice--
(a) stating that he or she is required to consider
5 the matter and has an interest in it; and
(b) setting out particulars of the interest.
(3) In the case of an employee of the body, the person
must without delay give to the Chief Executive
Officer of the body a written notice--
10 (a) stating that he or she is required to consider
the matter and has an interest in it; and
(b) setting out particulars of the interest.
(4) The person must do whatever is necessary to
avoid the conflict referred to in sub-section (1).
15 Division 2--Regulations
43. Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
20 necessary to be prescribed to give effect to this
Act.
(2) The regulations may impose penalties not
exceeding 5 penalty units for a contravention of
the regulations.
25 _______________
26
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 44
Act No.
PART 5--TRANSITIONAL PROVISIONS
44. Definitions
In this Part--
"Corporation" means Cinemedia Corporation
5 established by the Cinemedia Corporation
Act 1997;
"former Corporation property" means
property, rights or liabilities of the
Corporation that, under this Part, have vested
10 in or become liabilities of, a new body;
"instrument of the Corporation" means an
instrument subsisting immediately before the
succession day--
(a) to which the Corporation was a party;
15 or
(b) that was given to or in favour of the
Corporation; or
(c) that refers to the Corporation; or
(d) under which--
20 (i) money is, or may become, payable
to or by the Corporation; or
(ii) other property is to be, or may
become liable to be, transferred to
or by the Corporation;
25 "liabilities" means all liabilities, duties and
obligations, whether actual, contingent or
prospective;
"new body" means Film Victoria or ACMI;
27
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 45
Act No.
"property" means any legal or equitable estate or
interest (whether present or future and
whether vested or contingent) in real or
personal property of any description;
5 "rights" means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
"transfer Order" means an order under
section 45;
10 "transferred employee" means an employee
transferred to a new body under this Part;
"succession day" means the day on which
sections 5 and 21 come into operation.
45. Transfer Order
15 The Minister must, before the succession day, by
Order published in the Government Gazette--
(a) allocate to Film Victoria such of the
property, rights and liabilities of the
Corporation as are specified in the Order; or
20 (b) allocate to ACMI such of the property, rights
and liabilities of the Corporation as are
specified in the Order.
46. Film Victoria and ACMI to be successors in law of
Corporation
25 On the succession day--
(a) the Corporation is dissolved; and
(b) all property and rights of the Corporation
specified in a transfer Order vest in the new
body specified in the Order; and
30 (c) all liabilities of the Corporation specified in
a transfer Order become liabilities of the new
body specified in the Order; and
28
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 47
Act No.
(d) the new body specified in a transfer Order
becomes the successor in law of the
Corporation in relation to the property, rights
and liabilities specified in the Order.
5 47. Substitution of party to agreement
If, under section 46, the rights and liabilities of the
Corporation under an agreement vest in, or
become liabilities of, a new body--
(a) the new body becomes, on the succession
10 day, a party to the agreement in place of the
Corporation; and
(b) on and after the succession day, the
agreement has effect as if the new body had
always been a party to the agreement.
15 48. Proceedings
If, immediately before the succession day,
proceedings relating to former Corporation
property (including arbitration proceedings) to
which the Corporation was a party were pending
20 or existing in any court or tribunal, then, on and
after the succession day, the new body specified
in the relevant transfer Order is substituted for the
Corporation as a party to the proceedings and has
the same rights in the proceedings as the
25 Corporation had.
49. Interests in land
Without prejudice to the generality of this Part
and despite anything to the contrary in any other
Act or law, if immediately before the succession
30 day, the Corporation was, in relation to former
Corporation property, the registered proprietor of
an interest in land under the Transfer of Land
Act 1958, then on and after that day--
(a) the new body specified in the relevant
35 transfer Order is to be taken to be the
29
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 50
53
Act No.
registered proprietor of that interest in land;
and
(b) the new body specified in the relevant
transfer Order has the same rights and
5 remedies in respect of that interest as the
Corporation had.
50. Instrument of the Corporation
Each instrument of the Corporation relating to
property, rights and liabilities of the Corporation
10 that, under this Part, have vested in, or become
liabilities of, a new body has effect and continues
to have effect according to its tenor on and after
the succession day as if a reference in the
instrument to the Corporation were a reference to
15 the new body specified in the relevant transfer
Order.
51. Amendment of the Register
The Registrar of Titles, on being requested to do
so and on delivery of any relevant certificate of
20 title or instrument, must make any amendments in
the Register that are necessary because of the
operation of this Part.
52. Taxes
No duty or other tax is chargeable under any Act
25 in respect of anything effected by or done under
this Part or in respect of any act or transaction
connected with or necessary to be done by reason
of this Part, including a transaction entered into or
an instrument made, executed, lodged or given.
30
53. Evidence
30
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
Act No.
(1) Documentary or other evidence that would have
been admissible for or against the interests of the
Corporation if section 46 had not been enacted, is
admissible for or against the interests of the new
5 body specified in the relevant transfer Order.
(2) Division 3A of Part III of the Evidence Act 1958
continues to apply with respect to the books of
account of the Corporation and to entries made in
those books of account before the succession day,
10 whether or not they relate to former Corporation
property.
(3) In sub-section (2), "books of account" has the
same meaning as in Division 3A of Part III of the
Evidence Act 1958.
15 54. List of staff
(1) Before the succession day, the Minister must
prepare a list of employees of the Corporation
who are to become employees of a new body on
that day.
20 (2) The list may specify the employees--
(a) by name or position; or
(b) by class or category; or
(c) by any combination of paragraphs (a) and
(b).
25 (3) The list must specify the new body which on the
succession day is to become the employer of each
employee specified on the list.
(4) Nothing in this section prevents a person specified
on a list as an employee of the Corporation from
30 resigning or being dismissed at any time before
the succession day in accordance with the terms
and conditions of his or her employment.
31
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 55
Act No.
55. Transfer of staff
(1) A person listed as an employee of the Corporation
in a list prepared under section 54 who was such
an employee immediately before the succession
5 day is to be regarded as--
(a) having been employed by the new body
specified in the list with effect from the
succession day; and
(b) having been so employed on the same terms
10 and conditions as those that applied to the
person, immediately before the succession
day, as an employee of the Corporation; and
(c) having accrued an entitlement to benefits, in
connection with that employment with the
15 new body, that is equivalent to the
entitlement that the person had accrued, as
an employee of the Corporation immediately
before the succession day.
(2) The service of a transferred employee as an
20 employee of the new body is to be regarded for all
purposes as having been continuous with the
service of the transferred employee, immediately
before the succession day, as an employee of the
Corporation.
25 (3) If a transferred employee was, immediately 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
30 within the meaning of that Act while serving with
the new body.
(4) A transferred employee is not entitled to receive
any payment or other benefit by reason only of
having ceased to be an employee of the
35 Corporation because of this Part.
32
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 56
Act No.
(5) A certificate purporting to be signed by the chief
executive officer of the new body certifying that a
person named in the certificate was, with effect
from the succession day, employed, by virtue of
5 this section, by the new body named in the
certificate is admissible in evidence in any
proceedings and is conclusive proof of the matters
stated in it.
56. Future terms and conditions of transferred employees
10 Nothing in section 55 prevents--
(a) any of the terms and conditions of
employment of a transferred employee from
being altered by or under any law, award or
agreement with effect from any time after the
15 succession day; or
(b) a transferred employee from resigning, or the
termination of a transferred employee's
employment, at any time after the succession
day in accordance with the then existing
20 terms and conditions of his or her
employment by the new body.
57. Validity of things done under this Part
Nothing effected by this Part or suffered under
this Part--
25 (a) is to be regarded as placing any person in
breach of contract or confidence or as
otherwise making any of them guilty of a
civil offence; or
(b) is subject to compliance with or is to be
30 regarded as placing any person in breach of
or as constituting a default under any Act or
other law or any provision in any agreement,
arrangement or understanding including,
without limiting the generality of the
35 foregoing, any provision prohibiting,
33
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 57
Act No.
restricting or regulating the assignment or
transfer of any property or right or the
disclosure of any information; or
(c) is to be regarded as fulfilling any condition
5 which allows a person to exercise a power,
right or remedy in respect of or to terminate
any agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
10 instrument or as causing or permitting the
termination of any contract or instrument
because of a change in the beneficial or legal
ownership of any property, right or liability;
or
15 (e) is to be regarded as causing any contract or
instrument to be void or otherwise
unenforceable; or
(f) is to be regarded as frustrating any contract;
or
20 (g) releases any surety or other obligor wholly
or in part from any obligation.
_______________
34
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
s. 58
Act No.
PART 6--CONSEQUENTIAL AMENDMENTS
58. Repeal of Cinemedia Corporation Act 1997
The Cinemedia Corporation Act 1997 is
repealed.
5 59. Amendment to the Borrowing and Investment Powers
Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987--
(a) for item 1AA, substitute--
"1AA. Australian Centre 5, 8, 11, 13, 20,
for the Moving 20A, 21";
Image
10 (b) after item 3, insert--
"4. Film Victoria 5, 8, 11, 13, 20,
20A, 21".
60. Amendment to the Corporations (Consequential
Amendments) Act 2001
In the Schedule to the Corporations
(Consequential Amendments) Act 2001, item 16
15 is repealed.
__________________
35
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
Sch.
Act No.
SCHEDULE
COMMON PROVISIONS APPLYING TO FILM VICTORIA
AND ACMI
1. Definition
5 In this Schedule, "body" means Film Victoria or ACMI.
2. Terms and conditions of appointment of members
(1) Each member must be appointed for the term, not exceeding
3 years, that is fixed by the Governor in Council in the
instrument of his or her appointment but subject to sub-
10 clause (2) is eligible for re-appointment.
(2) A person who has been a member for 9 consecutive years
ceases to hold office and is not eligible for re-appointment
unless--
(a) the person is, or immediately before the expiry of the
15 ninth consecutive year the person was, the President
of the body; or
(b) a period of 3 years or more has elapsed since the
person last was a member.
(3) The Governor in Council may in the instrument of
20 appointment of a member specify the terms and conditions
of appointment.
(4) The Governor in Council may at any time remove a member
from office.
(5) The office of a member becomes vacant--
25 (a) at the expiration of the member's term of office;
(b) if the member dies;
(c) if the member resigns his or her office by writing
addressed to the Minister;
(d) if the member is removed from office in accordance
30 with sub-clause (4).
(e) if the member becomes an insolvent under
administration within the meaning of the Corporations
Act;
36
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
Sch.
Act No.
(f) if the member becomes incapable of performing his or
her duties;
(g) if the member is wilfully absent from 3 consecutive
meetings of the body without leave granted by the
5 President;
(h) if the member is convicted of an indictable offence or
of an offence which, if committed in Victoria, would
be an indictable offence.
(6) Where any leave granted to a member by the President of
10 the body exceeds 3 consecutive meetings the President must
notify the Minister of the granting of leave.
(7) The Public Sector Management and Employment Act
1998 does not apply to a member in respect of the office of
member.
15 (8) A member is entitled to be paid any remuneration, sitting
fee, travelling allowances or other allowances fixed from
time to time by the Governor in Council.
(9) A member must in the exercise of his or her functions--
(a) act honestly; and
20 (b) exercise reasonable care and diligence; and
(c) not make improper use of any information acquired as
a member.
3. Procedure at meetings of the body
(1) The body must meet at such times and places as are fixed by
25 the President and must hold at least six meetings in each
year.
(2) The President or, in his or her absence, a member elected by
the members present, must preside at a meeting of the body.
(3) A majority of the members for the time being constitutes a
30 quorum.
(4) Subject to the presence of a quorum, the body may act
despite a vacancy in its membership.
37
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
Sch.
Act No.
(5) A question arising at a meeting of the body must be
determined by a majority of the votes of the members
present and voting and in the event of an equality of votes
the person presiding has an additional or casting vote.
5 (6) The body must ensure that minutes are kept of each
meeting.
(7) An act or decision of the body is not invalid by reason only
of a defect or irregularity in or in connection with the
appointment of a member.
10 (8) Subject to this Act, the body may regulate its own
proceedings.
4. Resolutions without meetings
(1) If--
(a) the body has taken reasonable steps to give notice to
15 each member setting out the terms of a proposed
resolution; and
(b) a majority of the members for the time being sign a
document containing a statement that they are in
favour of the resolution in the terms set out in the
20 document--
a resolution in those terms is deemed to have been passed at
a meeting of the body held on the day on which the
document is signed or, if the members referred to in
paragraph (b) do not sign it on the same day, on the day on
25 which the last of those members signs the document.
(2) For the purposes of sub-clause (1), two or more separate
documents containing a statement in identical terms, each of
which is signed by one or more members, are deemed to
constitute one document.
30 (3) If a resolution is, under sub-clause (1), deemed to have been
passed at a meeting of the body, each member must as soon
as practicable be advised of the matter and given a copy of
the resolution.
(4) The majority of members referred to in sub-clause (1)(b)
35 must not include a member who, because of a conflict of
interest, is not entitled to vote on the resolution.
38
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
39
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
Act No.
INDEX
Subject Section
ACMI See Australian Centre for the Moving Image
Act
commencement 2
consequential amendments 58ญ60
objectives 4
purposes 1
transitional provisions 44ญ57
Australian Centre for the Moving Image
account 38
acting appointments 32
borrowing and investment powers 37
by-laws 29
chief executive officer 34, 42
collection of moving images 25ญ26
committees 33, 39, 41
conflicts of interest 40ญ42
constitution 30
Crown represented by 22
definition of ACMI 3
delegation 28
establishment 21
functions 23
members 30ญ32, 39, 40,
Sch. 1
Ministerial direction and control 27
powers 24
President 30
procedure at meetings Sch. 1
resolutions without meetings Sch. 1
staff 35, 42
successor in law to Cinemedia 46
transfer of Cinemedia property, rights, liabilities to 45ญ53
transfer of Cinemedia staff to 54ญ56
29
By-laws
Cinemedia Corporation
definitions relevant to transitional provisions 44
succeeded in law by Film Victoria, ACMI 46
transfer of property, rights, liabilities 45ญ53
transfer of staff 54ญ56
transfer Order 45
validity of things done under Part 5 57
3, 39, 44, 53, Sch 1
Definitions
3
Film (def.)
Film Victoria
account 20
acting appointments 13
borrowing and investment powers 18
chief executive officer 15, 42
committees 14, 39, 41
40
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
Film Act 2001
Act No.
Subject Section
conflicts of interest 40ญ42
constitution 11
Crown represented by 6
definition 3
delegation 10
establishment 5
functions 7
Investment General Fund 19
members 11ญ13, 39, 40,
Sch. 1
Ministerial directions to 9
powers 8
President 11
procedure at meetings Sch. 1
resolutions without meetings Sch. 1
staff 16, 42
successor in law to Cinemedia 46
transfer of Cinemedia property, rights, liabilities to 45ญ53
transfer of Cinemedia staff to 54ญ56
19
Investment General Fund
Minister
directions 9, 27
powers regarding
ACMI 26, 27, 30, 32, 34
collection of moving images 26
Film Victoria 9, 11, 13, 15
transfer of staff of Cinemedia 54
transfer Order 45
Moving images
ACMI's collection 25ญ26
definition 3
43
Regulations
58
Repeals
44ญ57
Transitional provisions
ญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญ
41
541241B.I1-2/11/2001 BILL LA CIRCULATION 2/11/2001
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