Contents
Part I · Preliminary
3Interpretation#
In this Act, unless the contrary intention appears:
Acting Director means a person appointed under section 31 to act as the Director.
broadcast means to transmit by way of television or radio, and broadcasting has a corresponding meaning.
ex-officio member means a member, being the Director or an Acting Director.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
member of the staff of the School means, except in section 21, a person who is employed on a full-time basis under section 34, being a person who has been so employed, or whose term of employment is, for a period of 12 months or more.
Part II · The Australian Film, Television and Radio School
4Establishment of School#
(2)The School:
(a)is a body corporate;
(b)shall have a seal; and
(c)may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the School. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(5)All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the School appearing on a document and shall presume that the document was duly sealed.
5Functions of School#
(1)The functions of the School are:
(a)to provide advanced education and training by way of the development of the knowledge and skills required in connexion with the production of programs;
(b)to conduct and encourage research in connexion with the production of programs;
(c)to conduct such seminars and courses of education or training for persons engaged, or to be engaged, directly or indirectly, in connexion with the production of programs as are approved by the Council;
(d)to co-operate and make arrangements with other institutions and persons for purposes in connexion with the production of programs or the provision of education or training of the kind referred to in paragraph (a);
(f)to make grants of financial assistance to persons to enable or assist those persons to receive education or undergo training of the kind referred to in paragraph (a);
(g)to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are specified in a determination under section 6A; and
(h)to do anything incidental or conducive to the performance of the foregoing functions.
(2)The School shall exercise its functions with a view to enabling and encouraging the production of programs of a high degree of creativeness and of high technical and artistic standards.
6Powers of School#
Subject to this Act, the School has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, has power:
(a)to enter into contracts;
(b)to erect buildings;
(c)to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the School;
(d)to acquire, hold and dispose of real or personal property; and
Part III · The Council of the School
8Constitution of Council#
(1)The Council shall consist of:
(a)the Director;
(b)a staff member elected by the staff members in the manner prescribed;
(d)3 members appointed by the Governor-General; and
(4)If an appointment of an Acting Director is in force under section 31, the Acting Director may attend meetings of the Council and, for the purposes of those meetings, shall be deemed to be a member of the Council.
(6)The appointment or election of a member is not invalid by reason only of a defect or irregularity in connexion with the appointment or election.
(8)Subject to this Act:
(9)In this section:
staff member means a person who:
(a)is employed on a full-time or part-time basis under section 34; and
(b)has been so employed, or whose term of employment is, for at least 12 months.
9Members elected by members of staff of School#
(1)Except as otherwise provided by this section, the member elected under paragraph 8(1)(b) holds office, subject to this Act, for a period of one year and the term of office of the member shall not commence before the expiration of the term of office of the member whose place the first-mentioned member fills.
(3)A member elected under paragraph 8(1)(b) ceases to hold office if he or she ceases to be a member of the staff of the School.
12Delegation by Council#
(1)Subject to any direction of the Minister, the Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to a member of the Council, a committee of the Council or a member of the staff of the School any of its powers under this Act, other than this power of delegation.
(2)A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Council.
(3)A delegation of a power under this section:
(b)does not prevent the exercise of the power by the Council; and
(c)continues in force notwithstanding a change in the membership of the Council.
(4)Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.
(5)A certificate signed by the Chair of the Council stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
(6)A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
13Chair and Deputy Chair of Council#
(4)The member appointed as Chair or Deputy Chair holds office as Chair or Deputy Chair until the expiration of the member’s term of office as a member that is current at the time of the member’s appointment, but ceases to be the Chair or Deputy Chair if he or she ceases to be a member, and may resign from office as Chair or Deputy Chair by writing signed by the member and delivered:
(a)in the case of the Chair—to the Governor-General; and
(b)in the case of the Deputy Chair—to the Chair.
(5)A person is eligible to be re-appointed as the Chair or Deputy Chair.
17Leave of absence#
(1)A full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.
18Vacation of office#
(a)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;
the Governor-General shall remove the member from office.
20Meetings of Council#
(1)The Council shall hold such meetings as are necessary for the performance of its functions.
(2)The Chair, or if for any reason the Chair is not available, the Deputy Chair:
(b)shall, on receipt of a written request signed by not less than 2 members, convene a meeting of the Council.
(4)The Chair shall preside at all meetings of the Council at which he or she is present.
(5)At a meeting of the Council at which the Chair is not present the Deputy Chair shall preside.
(6)At a meeting of the Council at which neither the Chair nor the Deputy Chair is present, the members present shall appoint one of their number to preside.
(7)The quorum at a meeting of the Council is:
(a)before the first members have been elected under paragraphs 8(1)(b) and (c)—5 members; and
(b)after the first members have been so elected—5 members.
(8)Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present.
Part IV · Convocation
21Constitution of Convocation#
(1)Convocation shall consist of:
(a)all members and past members of the Council;
(b)all persons who were, at any time, members of the Interim Council;
(c)all members and past members of the staff of the School;
(d)all persons who have been awarded degrees or diplomas by the School; and
(e)such persons as the Council admits as members of Convocation.
(1A)A reference in subsection (1) to a member of the staff of the school is a reference to a member of the academic or technical staff of the School engaged in, or directly or indirectly associated with, teaching at the School.
22Roll of members#
(1)Until Convocation is constituted, the Council shall cause to be kept a roll of all persons who are entitled to become members of Convocation.
(2)When the number of persons so enrolled amounts to 100, the Council shall report the fact to the Governor-General.
(3)The report referred to in subsection (2) shall be published in the Gazette, and Convocation shall be deemed to be constituted on the day of that publication.
(4)After Convocation has been constituted, the Council shall cause to be kept a roll of all members of Convocation.
Part V · The Director
24Director of School#
(2)The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.
27Remuneration and allowances of Director#
(1)The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.
(2)The Director shall be paid such allowances as are prescribed.
(3)This section has effect subject to the Remuneration Tribunal Act 1973.
29Vacation of office of Director#
(1)If the Director:
(a)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;
(b)is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;
the Governor-General shall remove the Director from office.
(2)The Governor-General may remove the Director from office for misbehaviour or physical or mental incapacity.
31Acting Director#
(1)The Governor-General may appoint a person to act as the Director:
(a)during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when the Director is, or is about to be, absent from duty or from Australia or, for any reason, unable to perform the functions of the Director’s office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2)The Governor-General may:
(a)subject to this Act, on the recommendation of the Council, determine the terms and conditions of appointment of an Acting Director; and
(b)at any time terminate such an appointment.
Part VI · Staff
34Employment of staff of School#
The School may employ such persons as are necessary for the purposes of this Act.
35Terms and conditions of employment of staff#
(1)The terms and conditions of employment (in respect of matters not provided for by this Act) of persons employed under section 34 are as determined by the Council.
(2)In subsection (1), terms and conditions include conditions with respect to the duration of employment or with respect to dismissal from employment.
Part VII · Finance
36Moneys payable to School#
(2)The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the School.
39Application of moneys#
(1)The moneys of the School shall be applied only:
(a)in payment or discharge of the costs and expenses of the School under this Act; and
(b)in payment of any remuneration (including fees) and allowances payable under this Act.
(1A)Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the School.
(2)Notwithstanding anything contained in this Act, where a gift or bequest made to the School is subject to conditions in relation to the purposes for which it is to be applied, the moneys paid to the School as a result of the gift or bequest, and any income derived from the investment of those moneys, may be applied for those purposes and subject to those conditions but not otherwise.
40Power to purchase and dispose of assets#
(1)The School shall not, without the approval of the Minister:
(a)acquire any property, right or privilege for a consideration exceeding in amount or value $250,000 or, if a higher amount is prescribed, that higher amount;
(b)dispose of any property, right or privilege where the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds $250,000 or, if a higher amount is prescribed, that higher amount;
(d)enter into a lease of land for a period exceeding 10 years.
(2)The taking on lease or the purchase of land or buildings required for the purposes of the School shall be effected under the Lands Acquisition Act 1989.
Part VIII · Miscellaneous
46Application of the Air Accidents (Commonwealth Government Liability) Act 1963#
The School is a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Government Liability) Act 1963.
47Inventions etc. of employees#
(1)Where a discovery, invention or improvement of or in any process, apparatus or machine is made by an employee of the School in the course of the employee’s official duties, it is the property of the School and may be made available by the School on such conditions and on payment of such fees or royalties, or otherwise, as the Council, with the approval of the Minister, determines.
49Fees and agreements#
The Council may charge such fees, and may agree to such conditions, as it thinks fit:
(a)for investigations carried out by the School at the request of any institution or person; and
(b)for the purpose of exercising its function under paragraph 5(1)(e).
50Fees payable by students#
(1)Subject to this section, fees are payable to the School, at such rates as, subject to any directions of the Minister, the Council determines for courses of study or instruction of the School, for entry to examinations conducted by the School and for such other facilities or privileges of the School as the Council determines or the Minister directs.
(2)A student who has been granted by the School a scholarship or bursary, is exempt from payment of fees to the extent of the exemption applicable under the scholarship or bursary.
51Regulations#
The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing for:
(a)the manner and time of convening, holding and adjourning meetings of Convocation;
(b)the quorum of meetings of Convocation;
(c)the appointment, powers and duties of the chair of Convocation;
(d)the conduct and record of the business of meetings of Convocation;
(e)the appointment of committees of Convocation; and
(f)penalties not exceeding a fine of 1 penalty unit for offences against the regulations.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.