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This is a Bill, not an Act. For current law, see the Acts databases.


NATIONAL FILM AND SOUND ARCHIVE BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Film and Sound Archive Bill
2008
No. , 2008
(Environment, Heritage and the Arts)
A Bill for an Act to establish the National Film and
Sound Archive, and for related purposes
i National Film and Sound Archive Bill 2008 No. , 2008
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 2
3
Definitions .......................................................................................... 2
4
Extended geographic application of this Act...................................... 3
Part 2--National Film and Sound Archive
4
5
Establishment...................................................................................... 4
6
Functions............................................................................................. 4
7
Powers................................................................................................. 7
Part 3--The Board of the National Film and Sound Archive
8
Division 1--The Board
8
8
Establishment...................................................................................... 8
9
Role..................................................................................................... 8
10
Membership ........................................................................................ 8
11
Appointment of members ................................................................... 9
12
Acting in positions .............................................................................. 9
13
Remuneration of members ................................................................ 10
14
Leave of members............................................................................. 11
15
Resignation of members ................................................................... 11
16
Termination of appointment ............................................................. 11
17
Other terms and conditions of members ........................................... 12
Division 2--Board Procedures
13
18
Meetings ........................................................................................... 13
19
Decisions without meetings .............................................................. 14
Part 4--Chief Executive Officer, staff and consultants
15
Division 1--Chief Executive Officer
15
20
Establishment.................................................................................... 15
21
Role................................................................................................... 15
22
Appointment ..................................................................................... 16
23
Acting appointments ......................................................................... 16
24
Other employment ............................................................................ 16
25
Remuneration.................................................................................... 17
26
Leave................................................................................................. 17
27
Disclosure of interests....................................................................... 17
28
Resignation ....................................................................................... 17
29
Termination....................................................................................... 18
National Film and Sound Archive Bill 2008 No. , 2008 ii
30
Other terms and conditions ............................................................... 18
Division 2--Staff and consultants
19
31
Staff................................................................................................... 19
32
Consultants ....................................................................................... 19
Part 5--Planning
20
33
Corporate plan .................................................................................. 20
34
Contents of corporate plan................................................................ 20
35
Approval of corporate plan by Minister ........................................... 21
36
Variation of corporate plan ............................................................... 21
Part 6--Finance
23
37
Money payable to the National Film and Sound Archive ................ 23
38
Application of money by the National Film and Sound
Archive ............................................................................................. 23
39
Restrictions on financial transactions ............................................... 23
40
Taxation ............................................................................................ 24
Part 7--Other matters
25
41
Annual reports .................................................................................. 25
42
Ministerial direction.......................................................................... 25
43
Regulations ....................................................................................... 26
National Film and Sound Archive Bill 2008 No. , 2008 1
A Bill for an Act to establish the National Film and
1
Sound Archive, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the National Film and Sound Archive Act
7
2008.
8
Part 1 Preliminary
Section 2
2 National Film and Sound Archive Bill 2008 No. , 2008
2 Commence ment
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to
43
At the same time as subsection 5(1) of the
Screen Australia Act 2008 commences.
Note:
This table relates only to the provisions of this Act as originally
7
passed by both Houses of the Parliament and assented to. It will not be
8
expanded to deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
3 Definitions
13
In this Act:
14
Board means the Board of the National Film and Sound Archive.
15
CEO means the Chief Executive Officer of the National Film and
16
Sound Archive.
17
Chair means the Chair of the Board.
18
Deputy Chair means the Deputy Chair of the Board.
19
member means a member of the Board and includes the Chair and
20
Deputy Chair.
21
Preliminary Part 1
Section 4
National Film and Sound Archive Bill 2008 No. , 2008 3
program means any of the following:
1
(a) a screen production;
2
(b) an aggregate of sounds embodied in any material;
3
(c) an aggregate of images or sounds, or of images and sounds,
4
that is, or is intended to be, distributed without first having
5
been embodied in any material.
6
screen production means an aggregate of images, or of images and
7
sounds, embodied in any material that can be viewed on a screen
8
(including, for example, a film).
9
4 Extended geographic application of this Act
10
(1) This Act extends to every external Territory.
11
(2) This Act applies both within and outside Australia.
12
13
Part 2 National Film and Sound Archive
Section 5
4 National Film and Sound Archive Bill 2008 No. , 2008
1
Part 2--National Film and Sound Archive
2
3
5 Establishme nt
4
(1) The National Film and Sound Archive is established by this
5
section.
6
(2) The National Film and Sound Archive:
7
(a) is a body corporate; and
8
(b) must have a seal; and
9
(c) may acquire, hold and dispose of real and personal property;
10
and
11
(d) may sue and be sued.
12
Note:
The Commonwealth Authorities and Companies Act 1997 applies to
13
the National Film and Sound Archive. That Act deals with matters
14
relating to Commonwealth authorities, including reporting and
15
accountability, banking and investment, and conduct of officers.
16
(3) The seal of the National Film and Sound Archive is to be kept in
17
such custody as the Board directs, and is not to be used except as
18
authorised by the Board.
19
(4) All courts, judges and persons acting judicially must:
20
(a) take judicial notice of the imprint of the seal of the National
21
Film and Sound Archive appearing on a document; and
22
(b) presume that the document was duly sealed.
23
6 Functions
24
Functions
25
(1) The functions of the National Film and Sound Archive are to:
26
(a) develop, preserve, maintain, promote and provide access to a
27
national collection of programs and related material; and
28
(b) support and promote the collection by others of programs and
29
related material in Australia; and
30
(c) support, promote or engage in:
31
National Film and Sound Archive Part 2
Section 6
National Film and Sound Archive Bill 2008 No. , 2008 5
(i) the preservation and maintenance of programs and
1
related material that are not in the national collection;
2
and
3
(ii) the provision of access to programs and related material
4
that are not in the national collection; and
5
(d) support and promote greater understanding and awareness in
6
Australia of programs; and
7
(e) undertake any other function conferred on it by any other law
8
of the Commonwealth.
9
Ways in which support may be provided
10
(2) The ways in which the National Film and Sound Archive may
11
provide support as mentioned in subsection (1) include (but are not
12
limited to) doing any of the following:
13
(a) providing financial assistance (whether by way of loan, grant,
14
investment or otherwise and whether on commercial terms or
15
otherwise);
16
(b) commissioning or sponsoring programs or other activities;
17
(c) providing services, facilities, programs or equipment;
18
but does not include providing guarantees.
19
Considerations governing the performance of functions
20
(3) In performing its functions, the National Film and Sound Archive
21
is, as far as practical, to:
22
(a) place an emphasis on the historical and cultural significance
23
of programs and related material; and
24
(b) use every endeavour to make the most advantageous use of
25
the national collection in the national interest; and
26
(c) apply the highest curatorial standards; and
27
(d) promote the efficient, effective and ethical use of public
28
resources.
29
National Film and Sound Archive may charge fees
30
(4) The National Film and Sound Archive may charge fees for things
31
done in performing its functions.
32
Part 2 National Film and Sound Archive
Section 6
6 National Film and Sound Archive Bill 2008 No. , 2008
National Film and Sound Archive may cooperate with others
1
(5) The National Film and Sound Archive may perform its functions
2
alone or together with other persons.
3
Severability
4
(6) Without limiting its effect apart from this subsection, this Act also
5
has the effect it would have if the powers and functions of the
6
National Film and Sound Archive were confined to powers and
7
functions that were to be exercised and performed:
8
(a) in so far as it is appropriate for those powers and functions to
9
be exercised and performed by the National Film and Sound
10
Archive on behalf of the Government of the Commonwealth
11
as the national Government of Australia; and
12
(b) for purposes for which it is appropriate for the Parliament, as
13
the national Parliament of Australia, to authorise the National
14
Film and Sound Archive to exercise powers and perform
15
functions; and
16
(c) in relation to expenditure of money that is available for the
17
purposes of the National Film and Sound Archive in
18
accordance with an appropriation made by the Parliament;
19
and
20
(d) in relation to trade and commerce with other countries,
21
among the States, between Territories or between a Territory
22
and a State; and
23
(e) in relation to postal, telegraphic, telephonic, and other like
24
services; and
25
(f) in relation to the collection of statistics; and
26
(g) in relation to external affairs; and
27
(h) in relation to a Territory; and
28
(i) in relation to the executive power of the Commonwealth; and
29
(j) in relation to matters incidental to the execution of any of the
30
legislative powers of the Parliament or the executive power
31
of the Commonwealth.
32
National Film and Sound Archive Part 2
Section 7
National Film and Sound Archive Bill 2008 No. , 2008 7
7 Powe rs
1
(1) The National Film and Sound Archive has power to do all things
2
necessary or convenient to be done for or in connection with the
3
performance of its functions.
4
(2) The National Film and Sound Archive's powers include, but are
5
not limited to, the following powers:
6
(a) to accept gifts, devises, bequests and assignments (whether
7
on trust or otherwise);
8
(b) to act as trustee of money, programs or other property vested
9
in the National Film and Sound Archive on trust;
10
(c) to act on behalf of the Commonwealth or an authority of the
11
Commonwealth in the administration of a trust relating to
12
programs or to matters connected with programs;
13
(d) to do anything incidental to any of its functions.
14
(3) Despite anything contained in this Act, any money, programs or
15
other property held by the National Film and Sound Archive on
16
trust must be dealt with in accordance with the obligations of the
17
National Film and Sound Archive as trustee of the trust.
18
19
Part 3 The Board of the National Film and Sound Archive
Division 1 The Board
Section 8
8 National Film and Sound Archive Bill 2008 No. , 2008
1
Part 3--The Board of the National Film and Sound
2
Archive
3
Division 1--The Board
4
8 Establishme nt
5
The Board of the National Film and Sound Archive is established
6
by this section.
7
9 Role
8
(1) The Board is responsible for ensuring the proper and efficient
9
performance of the National Film and Sound Archive's functions.
10
(2) The Board has power to do all things necessary or convenient to be
11
done for or in connection with the performance of its duties.
12
(3) All acts and things done in the name of, or on behalf of, the
13
National Film and Sound Archive by the Board, or with the
14
authority of the Board, are taken to have been done by the National
15
Film and Sound Archive.
16
(4) If a function or power of the National Film and Sound Archive is
17
dependent on the opinion, belief or state of mind of the National
18
Film and Sound Archive in relation to a matter, the function or
19
power may be exercised upon the opinion, belief or state of mind
20
of a person or body acting as mentioned in subsection (3) in
21
relation to that matter.
22
10 Membe rship
23
The Board consists of the following members:
24
(a) the Chair of the Board;
25
(b) the Deputy Chair of the Board;
26
(c) no less than 3 and no more than 7 other members.
27
The Board of the National Film and Sound Archive Part 3
The Board Division 1
Section 11
National Film and Sound Archive Bill 2008 No. , 2008 9
11 Appointment of me mbers
1
(1) The members are to be appointed by the Minister by written
2
instrument.
3
(2) A member holds office on a part-time basis.
4
(3) A member holds office for the period specified in the instrument of
5
appointment. The period must not exceed 3 years.
6
(4) A person must not be appointed for a period if the sum of:
7
(a) that period; and
8
(b) any periods of previous appointment of the person as a
9
member;
10
exceeds 9 years.
11
(5) The performance of the functions or the exercise of the powers of
12
the Board is not affected by reason only of the number of members
13
falling below 5 for a period of not more than 6 months.
14
12 Acting in positions
15
(1) The Deputy Chair is to act as the Chair:
16
(a) during a vacancy in the office of Chair (whether or not an
17
appointment has previously been made to the office); or
18
(b) during any period, or during all periods, when the Chair:
19
(i) is absent from duty or from Australia; or
20
(ii) is, for any reason, unable to perform the duties of the
21
office.
22
(2) While the Deputy Chair is acting as the Chair:
23
(a) the Deputy Chair has, and may exercise, all the Chair's
24
powers, and must perform all the Chair's functions and
25
duties; and
26
(b) this Act, and all other Acts, apply to the Deputy Chair as if he
27
or she were the Chair.
28
(3) Anything done by or in relation to the Deputy Chair when
29
purporting to act under subsection (1) is not invalid merely because
30
the occasion to act had not arisen or had ceased.
31
Part 3 The Board of the National Film and Sound Archive
Division 1 The Board
Section 13
10 National Film and Sound Archive Bill 2008 No. , 2008
(4) The Minister may appoint a member to act as the Deputy Chair:
1
(a) during a vacancy in the office of Deputy Chair (whether or
2
not an appointment has previously been made to the office);
3
or
4
(b) during any period, or during all periods, when the Deputy
5
Chair:
6
(i) is acting as the Chair; or
7
(ii) is absent from duty or from Australia; or
8
(iii) is, for any reason, unable to perform the duties of the
9
office.
10
(5) The Minister may appoint a person to act as a member (other than
11
as Chair or Deputy Chair):
12
(a) during a vacancy in the office of a member (whether or not
13
an appointment has previously been made to the office); or
14
(b) during any period, or during all periods, when a member:
15
(i) is acting as the Deputy Chair; or
16
(ii) is absent from duty or from Australia; or
17
(iii) is, for any reason, unable to perform the duties of the
18
office.
19
(6) Anything done by or in relation to a person purporting to act under
20
an appointment under subsection (4) or (5) is not invalid merely
21
because:
22
(a) the occasion for the appointment had not arisen; or
23
(b) there was a defect or irregularity in connection with the
24
appointment; or
25
(c) the appointment had ceased to have effect; or
26
(d) the occasion to act had not arisen or had ceased.
27
Note:
For more information about acting appointments, see section 33A of
28
the Acts Interpretation Act 1901.
29
13 Remuneration of me mbers
30
(1) A member is to be paid the remuneration that is determined by the
31
Remuneration Tribunal. If no determination of that remuneration
32
by the Tribunal is in operation, the member is to be paid the
33
remuneration that is prescribed.
34
The Board of the National Film and Sound Archive Part 3
The Board Division 1
Section 14
National Film and Sound Archive Bill 2008 No. , 2008 11
(2) A member is to be paid the allowances that are prescribed.
1
(3) This section has effect subject to the Remuneration Tribunal Act
2
1973.
3
14 Leave of members
4
(1) The Minister may grant the Chair leave of absence on the terms
5
and conditions that the Minister determines.
6
(2) The Chair may grant leave of absence to any other member on the
7
terms and conditions that the Chair determines.
8
(3) The Chair must notify the Minister if the Chair grants to a member
9
leave of absence for a period that exceeds 6 months.
10
15 Resignation of me mbers
11
(1) A member may resign his or her appointment by giving the
12
Minister a written resignation.
13
(2) The resignation takes effect on the day it is received by the
14
Minister or, if a later day is specified in the resignation, on that
15
later day.
16
16 Termination of appointment
17
(1) The Minister may terminate the appointment of a member for
18
misbehaviour or physical or mental incapacity.
19
(2) The Minister must terminate the appointment of a member if:
20
(a) the member:
21
(i) becomes bankrupt; or
22
(ii) applies to take the benefit of any law for the relief of
23
bankrupt or insolvent debtors; or
24
(iii) compounds with his or her creditors; or
25
(iv) makes an assignment of his or her remuneration for the
26
benefit of his or her creditors; or
27
(b) the member fails, without reasonable excuse, to comply with
28
an obligation imposed on him or her by section 27F or 27J of
29
the Commonwealth Authorities and Companies Act 1997; or
30
Part 3 The Board of the National Film and Sound Archive
Division 1 The Board
Section 17
12 National Film and Sound Archive Bill 2008 No. , 2008
(c) the member is absent, except on leave of absence, from 3
1
consecutive meetings of the Board.
2
17 Other terms and conditions of members
3
A member holds office on the terms and conditions (if any) in
4
relation to matters not covered by this Act that are determined by
5
the Minister.
6
7
The Board of the National Film and Sound Archive Part 3
Board Procedures Division 2
Section 18
National Film and Sound Archive Bill 2008 No. , 2008 13
1
Division 2--Board Procedures
2
18 Meetings
3
(1) The Chair must convene such meetings of the Board as are, in his
4
or her opinion, necessary for the efficient conduct of its affairs.
5
(2) The quorum for a meeting is a majority of the current members.
6
(3) However, if:
7
(a) a member is required by section 27J of the Commonwealth
8
Authorities and Companies Act 1997 not to be present during
9
the deliberations, or to take part in any decision, of the Board
10
with respect to a particular matter; and
11
(b) when the member leaves the meeting concerned there is no
12
longer a quorum present;
13
those remaining members constitute a quorum for the purposes of
14
any deliberation or decision at that meeting with respect to that
15
matter.
16
(4) A question arising at a meeting of the Board is to be decided by a
17
majority of the votes of the members present and voting.
18
(5) The Chair must preside at all meetings at which he or she is
19
present.
20
(6) If the Chair is not present at a meeting the Deputy Chair, if present,
21
must preside at the meeting.
22
(7) If neither the Chair nor the Deputy Chair is present at a meeting the
23
members present must elect one of their number to preside at the
24
meeting.
25
(8) At a meeting, the presiding member has a deliberative vote and, in
26
the event of an equality of votes, has a casting vote.
27
(9) The Board must keep a record of any decisions made at a meeting.
28
Part 3 The Board of the National Film and Sound Archive
Division 2 Board Procedures
Section 19
14 National Film and Sound Archive Bill 2008 No. , 2008
(10) Subject to this Act and the Commonwealth Authorities and
1
Companies Act 1997, the Board may regulate the conduct of its
2
meetings as it thinks fit.
3
19 Decisions without meetings
4
(1) The Board is taken to have made a decision at a meeting if:
5
(a) without a meeting, a majority of the members entitled to vote
6
on the proposed decision indicate agreement with the
7
decision; and
8
(b) that agreement is indicated in accordance with the method
9
determined by the Board under subsection (2); and
10
(c) all the members were informed of the proposed decision, or
11
reasonable efforts were made to inform all the members of
12
the proposed decision.
13
(2) Subsection (1) applies if the Board:
14
(a) has determined that it may make decisions of that kind
15
without a meeting; and
16
(b) has determined the method by which members are to indicate
17
agreement with proposed decisions.
18
(3) For the purposes of paragraph (1)(a), a member is not entitled to
19
vote on a proposed decision if the member would not have been
20
entitled to vote on that proposal if the matter had been considered
21
at a meeting of the Board.
22
(4) The Board must keep a record of decisions made in accordance
23
with this section.
24
25
Chief Executive Officer, staff and consultants Part 4
Chief Executive Officer Division 1
Section 20
National Film and Sound Archive Bill 2008 No. , 2008 15
1
Part 4--Chief Executive Officer, staff and
2
consultants
3
Division 1--Chief Executive Officer
4
20 Establishme nt
5
There is to be a Chief Executive Officer of the National Film and
6
Sound Archive.
7
21 Role
8
(1) The CEO is responsible for the day-to-day administration of the
9
National Film and Sound Archive.
10
(2) The CEO has power to do all things necessary or convenient to be
11
done for or in connection with the performance of his or her duties.
12
(3) Except in relation to the CEO's powers under the Public Service
13
Act 1999, the CEO is to act in accordance with any policies
14
determined, and any directions given, by the Board.
15
(4) All acts and things done in the name of, or on behalf of, the
16
National Film and Sound Archive by the CEO, or with the
17
authority of the CEO, are taken to have been done by the National
18
Film and Sound Archive.
19
(5) If a function or power of the National Film and Sound Archive is
20
dependent on the opinion, belief or state of mind of the National
21
Film and Sound Archive in relation to a matter, the function or
22
power may be exercised upon the opinion, belief or state of mind
23
of a person or body acting as mentioned in subsection (4) in
24
relation to that matter.
25
(6) If a policy or direction under subsection (3) is in writing, the policy
26
or direction is not a legislative instrument.
27
Part 4 Chief Executive Officer, staff and consultants
Division 1 Ch ief Executive Officer
Section 22
16 National Film and Sound Archive Bill 2008 No. , 2008
22 Appointment
1
(1) The CEO is to be appointed by the Board after consultation with
2
the Minister.
3
(2) The CEO holds office on a full-time basis.
4
(3) The CEO holds office for the period specified in the instrument of
5
appointment. The period must not exceed 5 years.
6
(4) The CEO must not be a member of the Board.
7
23 Acting appointments
8
(1) The Board may, after consultation with the Minister, appoint a
9
person to act as the CEO:
10
(a) during a vacancy in the office of the CEO (whether or not an
11
appointment has previously been made to the office); or
12
(b) during any period, or during all periods, when the CEO:
13
(i) is absent from duty or from Australia; or
14
(ii) is, for any reason, unable to perform the duties of the
15
office.
16
(2) Anything done by or in relation to a person purporting to act under
17
an appointment under subsection (1) is not invalid merely because:
18
(a) the occasion for the appointment had not arisen; or
19
(b) there was a defect or irregularity in connection with the
20
appointment; or
21
(c) the appointment had ceased to have effect; or
22
(d) the occasion to act had not arisen or had ceased.
23
24 Other employment
24
(1) The CEO must not engage in paid employment outside the duties
25
of the CEO's office without the Chair's approval.
26
(2) The Chair must notify the Minister of any approval given under
27
subsection (1).
28
Chief Executive Officer, staff and consultants Part 4
Chief Executive Officer Division 1
Section 25
National Film and Sound Archive Bill 2008 No. , 2008 17
25 Remuneration
1
(1) The CEO is to be paid the remuneration that is determined by the
2
Remuneration Tribunal. If no determination of that remuneration
3
by the Tribunal is in operation, the CEO is to be paid the
4
remuneration that is prescribed.
5
(2) The CEO is to be paid the allowances that are prescribed.
6
(3) This section has effect subject to the Remuneration Tribunal Act
7
1973.
8
26 Leave
9
(1) The CEO has the recreation leave entitlements that are determined
10
by the Remuneration Tribunal.
11
(2) The Chair may grant the CEO leave of absence, other than
12
recreation leave, on the terms and conditions as to remuneration or
13
otherwise that the Chair determines.
14
(3) The Chair must notify the Minister if the Chair grants to the CEO
15
leave for a period that exceeds one month.
16
27 Disclosure of interests
17
The CEO must give written notice to the Minister and the Board of
18
all material personal interests that the CEO has or acquires that
19
conflict or could conflict with the proper performance of the
20
CEO's duties.
21
28 Resignation
22
(1) The CEO may resign his or her appointment by giving the Chair a
23
written resignation.
24
(2) The resignation takes effect on the day it is received by the Chair
25
or, if a later day is specified in the resignation, on that later day.
26
(3) If the CEO resigns under this section, the Chair must notify the
27
Minister of the resignation.
28
Part 4 Chief Executive Officer, staff and consultants
Division 1 Ch ief Executive Officer
Section 29
18 National Film and Sound Archive Bill 2008 No. , 2008
29 Termination
1
(1) The Board may terminate the appointment of the CEO:
2
(a) for misbehaviour or physical or mental incapacity; or
3
(b) if the Board is satisfied that the performance of the CEO has
4
been unsatisfactory for a significant period.
5
(2) The Board must terminate the appointment of the CEO if:
6
(a) the CEO:
7
(i) becomes bankrupt; or
8
(ii) applies to take the benefit of any law for the relief of
9
bankrupt or insolvent debtors; or
10
(iii) compounds with his or her creditors; or
11
(iv) makes an assignment of his or her remuneration for the
12
benefit of his or her creditors; or
13
(b) the CEO is absent, except on leave of absence, for 14
14
consecutive days or for 28 days in any 12 months; or
15
(c) the CEO fails, without reasonable excuse, to comply with
16
section 27; or
17
(d) the CEO engages, except with the Chair's approval, in paid
18
employment outside the duties of his or her office.
19
(3) If the Board terminates the appointment of the CEO, the Board
20
must notify the Minister of the termination.
21
30 Other terms and conditions
22
The CEO holds office on the terms and conditions (if any) in
23
relation to matters not covered by this Act that are determined by
24
the Board.
25
26
Chief Executive Officer, staff and consultants Part 4
Staff and consultants Division 2
Section 31
National Film and Sound Archive Bill 2008 No. , 2008 19
1
Division 2--Staff and consultants
2
31 Staff
3
(1) The staff of the National Film and Sound Archive must be persons
4
engaged under the Public Service Act 1999.
5
(2) For the purposes of the Public Service Act 1999:
6
(a) the CEO and the staff of the National Film and Sound
7
Archive together constitute a Statutory Agency; and
8
(b) the CEO is the Head of that Statutory Agency.
9
32 Consultants
10
The National Film and Sound Archive may engage consultants to
11
assist in the performance of its functions.
12
13
Part 5 Planning
Section 33
20 National Film and Sound Archive Bill 2008 No. , 2008
1
Part 5--Planning
2
3
33 Corporate plan
4
(1) The Board must prepare a corporate plan for the National Film and
5
Sound Archive at least once a year.
6
(2) The plan must cover a period of at least 3 years.
7
(3) The Minister may give the Board written instructions with which
8
the Board must comply in preparing the plan and any variations to
9
the plan.
10
(4) An instruction given under subsection (3) is not a legislative
11
instrument.
12
34 Contents of corporate plan
13
(1) The plan must include details of the following matters:
14
(a) a statement of the objectives that the National Film and
15
Sound Archive will pursue;
16
(b) the strategies and policies that the National Film and Sound
17
Archive will adopt to achieve those objectives;
18
(c) performance indicators for the assessment of the National
19
Film and Sound Archive's performance of its functions;
20
(d) the financial targets and projections for the National Film and
21
Sound Archive;
22
(e) an analysis of factors likely to affect achievement of targets
23
or create significant financial risk for the National Film and
24
Sound Archive or for the Commonwealth;
25
(f) a review of performance since the start of the year previous
26
to the year in which the plan is prepared, measured against
27
the most recent plan for any part of that period;
28
(g) such other matters (if any) as the Minister directs.
29
(2) The plan may include any other matters.
30
Planning Part 5
Section 35
National Film and Sound Archive Bill 2008 No. , 2008 21
(3) If a direction under paragraph (1)(g) is in writing, the direction is
1
not a legislative instrument.
2
35 Approval of corporate plan by Minister
3
(1) The plan must be given to the Minister for his or her approval
4
before the start of the period to which the plan relates.
5
(2) The Minister may, by written notice given to the Board:
6
(a) approve the plan; or
7
(b) request the Board to revise it for the reasons set out in the
8
request.
9
(3) The Board must:
10
(a) comply with the Minister's request to revise the plan; and
11
(b) give the revised plan to the Minister for his or her approval.
12
(4) The plan comes into force on the later of:
13
(a) the day on which it is approved by the Minister; or
14
(b) the first day of the period to which it relates.
15
(5) A notice given under subsection (2) is not a legislative instrument.
16
36 Variation of corporate plan
17
(1) The Board may, at any time, vary a corporate plan, whether or not
18
it has come into force.
19
(2) The Minister may, at any time, request the Board to vary a
20
corporate plan, whether or not it has come into force. The Board
21
must comply with the request.
22
(3) A variation must be given to the Minister for his or her approval.
23
(4) A variation comes into force on the day on which it is approved by
24
the Minister.
25
(5) If a variation of a corporate plan is approved by the Minister after
26
the plan has come into force, the plan continues in force on and
27
after the day on which the variation is approved as so varied.
28
Part 5 Planning
Section 36
22 National Film and Sound Archive Bill 2008 No. , 2008
(6) If a request under subsection (2), or an approval under
1
subsection (4), is in writing, the request or approval is not a
2
legislative instrument.
3
4
Finance Part 6
Section 37
National Film and Sound Archive Bill 2008 No. , 2008 23
1
Part 6--Finance
2
3
37 Money payable to the National Film and Sound Archive
4
(1) There is payable to the National Film and Sound Archive such
5
money as is appropriated by the Parliament for the purposes of the
6
National Film and Sound Archive.
7
(2) The Finance Minister may give directions about the amounts in
8
which, and the times at which, money payable under subsection (1)
9
is to be paid to the National Film and Sound Archive.
10
(3) If a direction under subsection (2) is given in writing, the direction
11
is not a legislative instrument.
12
(4) In this section:
13
Finance Minister means the Minister administering the Financial
14
Management and Accountability Act 1997.
15
38 Application of money by the National Film and Sound Archive
16
(1) The money of the National Film and Sound Archive is to be
17
applied only:
18
(a) in payment or discharge of the costs, expenses and other
19
obligations incurred or undertaken by the National Film and
20
Sound Archive in the performance of its functions and the
21
exercise of its powers; and
22
(b) in payment of any remuneration or allowances payable under
23
this Act.
24
(2) Subsection (1) does not prevent investment of surplus money of the
25
National Film and Sound Archive under section 18 of the
26
Commonwealth Authorities and Companies Act 1997.
27
39 Restrictions on financial transactions
28
(1) The National Film and Sound Archive must not, without the
29
approval of the Minister:
30
Part 6 Finance
Section 40
24 National Film and Sound Archive Bill 2008 No. , 2008
(a) acquire any property, right or privilege for a consideration
1
exceeding in amount or value the amount prescribed by the
2
regulations for the purposes of this paragraph; or
3
(b) dispose of any property, right or privilege if the amount or
4
value of the consideration for the disposal, or the value of the
5
property, right or privilege, exceeds the amount prescribed by
6
the regulations for the purposes of this paragraph; or
7
(c) enter into a contract for the construction of a building for the
8
National Film and Sound Archive, being a contract under
9
which the National Film and Sound Archive is to pay an
10
amount exceeding the amount prescribed by the regulations
11
for the purposes of this paragraph; or
12
(d) enter into a lease of land for a period exceeding 10 years.
13
(2) Paragraphs (1)(a) and (b) do not apply to the investment of money
14
by the National Film and Sound Archive under section 18 of the
15
Commonwealth Authorities and Companies Act 1997.
16
(3) If an approval under subsection (1) is in writing, the approval is not
17
a legislative instrument.
18
40 Taxation
19
(1) The National Film and Sound Archive is not subject to taxation
20
under any law of the Commonwealth or of a State or Territory.
21
Note:
Despite this subsection, the National Film and Sound Archive may be
22
subject to taxation under certain laws (see, for example, section 177-5
23
of the A New Tax System (Goods and Services Tax) Act 1999 and
24
section 66 of the Fringe Benefits Tax Assessment Act 1986).
25
(2) The regulations may provide that subsection (1) does not apply in
26
relation to taxation under a specified law.
27
28
Other matters Part 7
Section 41
National Film and Sound Archive Bill 2008 No. , 2008 25
1
Part 7--Other matters
2
3
41 Annual reports
4
The annual report on the National Film and Sound Archive under
5
section 9 of the Commonwealth Authorities and Companies Act
6
1997 must include particulars of all disposals of items in the
7
national collection referred to in paragraph 6(1)(a), during the
8
period to which the report relates, that the National Film and Sound
9
Archive considers were significant items in the national collection.
10
42 Ministerial direction
11
(1) The Minister may, by legislative instrument, give written directions
12
to the Board:
13
(a) in relation to the performance of the functions of, and the
14
exercise of powers of, the National Film and Sound Archive;
15
or
16
(b) requiring the provision of a report or advice on a matter that
17
relates to any of the National Film and Sound Archive's
18
functions or powers.
19
Note 1:
Section 42 (disallowance) of the Legislative Instruments Act 2003
20
does not apply to the direction--see section 44 of that Act.
21
Note 2:
Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not
22
apply to the direction--see section 54 of that Act.
23
(2) The Minister must not give a direction in relation to a decision by
24
the Board to provide support to a particular person or for a
25
particular program.
26
(3) The Board must ensure that any direction given by the Minister
27
under subsection (1) is complied with.
28
(4) This section does not limit the operation of section 16 of the
29
Commonwealth Authorities and Companies Act 1997.
30
Part 7 Other matters
Section 43
26 National Film and Sound Archive Bill 2008 No. , 2008
43 Regulations
1
The Governor-General may make regulations prescribing matters:
2
(a) required or permitted by this Act to be prescribed; or
3
(b) necessary or convenient to be prescribed for carrying out or
4
giving effect to this Act.
5
6

 


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