Victorian Consolidated Legislation

Film Act 2001 - SCHEDULE

COMMON PROVISIONS APPLYING TO FILM VICTORIA AND ACMI

1. Definition

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 subclause (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 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 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-

   (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 with subclause (4).

   (e)  if the member becomes an insolvent under administration;



   (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 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 the body exceeds 3
consecutive meetings the President must notify the Minister of the granting of
leave.

(7) The Public Administration Act 2004 (other than Part 3 of that Act) applies
to a member in respect of the office of member.





(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

   (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 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 quorum.

(4) Subject to the presence of a quorum, the body may act despite a vacancy in
its membership.

(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.

(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.

(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 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 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
which the last of those members signs the document.

(2) For the purposes of subclause (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.

(3) If a resolution is, under subclause (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 subclause (1)(b) must not include a
member who, because of a conflict of interest, is not entitled to vote on the
resolution.

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