Bills Digest no. 20 2005–06
Arts Legislation Amendment (Maritime Museum and Film,
Television and Radio School) Bill 2005
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Arts Legislation Amendment
(Maritime Museum and Film, Television and
Radio School)
Bill 2005
Date
Introduced: 23 June 2005
House: Senate
Portfolio: Arts and Sport
Commencement: on receiving Royal Assent
The Arts Legislation Amendment
(Maritime Museum and Film, Television and Radio School) 2005 (the
Bill ) is to amend:
- the Australian Film and Television and Radio School Act
1973 ( AFTRS Act ) to provide for determinations to be made by
the Australian Film and Television and Radio School ( School ) as
to which degrees, diplomas or certificates will be awarded by the
School, and
- the Australian National Maritime
Museum Act 1990 ( ANMM Act ) to broaden the power
for the Australian National Maritime Museum ( Museum ) to fix entry
charges to it s exhibitions.
The Explanatory Memorandum for the Bill, focuses on how the
amendments will bring flexibility to the School and the Museum, by
streamlining procedures currently subject to the regulatory powers
of the Governor-General.
One of the functions of the School, under section 5(1)(g) of the
AFTRS Act, is to award degrees, diplomas and certificates as
provided for by regulation. Therefore, each time a new course is
offered or an old course is discontinued, a regulatory process has
to be followed.
The amendments proposed in the Bill would remove the need for
the regulations to provide for degrees, diplomas and certificates
awarded by the School. Instead, the School would be able to make a
determination as to the degrees, diplomas and certificates it would
award.
This determination would be by way of a legislative
instrument.
The Explanatory Memorandum claims that by removing the current
regulatory requirement, the School will have a greater autonomy and
flexibility.(1) Senator Patterson, in her second reading
speech on the Bill, stated that the proposed amendments mean that
the School will be able to respond quickly to the needs of the film
and broadcasting community.(2)
The importance of the School being alert to changes in the
entertainment industry and being able to respond accordingly with
changes to it s curriculum has been discussed in an article in the
Australian Financial Review on 16 April 2005.(3) That
article discusses a shift in focus for the School towards including
business skills components in courses. The change in focus comes in
response to a downturn in the production and revenue in the
Australian film and television industry in the past couple of
years.
Currently, section 54(1)(d) of the ANMM Act provides for the
Governor-General to make regulations with regards to fixing charges
for entry into museum premises.
The Museum also has a limited power, under section 7(1)(r) of
the ANMM Act, to:
fix charges for entry onto any land, or into any
building, owned by, or under the control of the Museum, being
charges that:
(i) are in addition to the charges fixed by the
regulations; and
(ii) relate to special exhibitions or other
special events. (emphasis added)
The proposed amendments would mean that the Governor General, in
addition to making regulations to fix entry charges for the Museum,
could also make regulations providing for the Museum to fix entry
charges.
Under regulations providing for the Museum to fix entry charges,
the Museum would have increased scope, beyond the powers in section
7(1)(r), to fix entry charges to it s premises and exhibitions.
The proposed amendments also clarify that where the Museum s
exhibitions take place on water (as is likely with a Maritime
Museum), then the Museum does have the power under section 7(1)(r)
to fix charges for entry to vessels or structures.
Item 2 of Schedule 1inserts a new section 6A
into the AFTRS Act empowering the School to make a determination
specifying degrees, diplomas and certificates to be awarded in
relation to the education and training provided by the School.
Item 3 of Schedule 1 is a saving provision,
preserving any regulation in force under section 5(1)(g) of the
AFTRS Act at the time of commencement until the time the first
determination is made by the School.
Items 4 and 5 of Schedule 1 insert the
references to water and structure or vessel to the powers in
section 7(1)(r) of the ANMM Act, making it clear that the Museum s
power to fix entry charges is not limited to exhibitions held on
land.
Item 6 of Schedule 1 amends the regulatory
powers of the Governor-General under the ANMM Act to make
regulations providing for the Museum to fix charges.
The proposed amendments to the AFTRS Act are stated to provide
the School with greater flexibility, autonomy and efficiency in
deciding the direction of the School s curriculum by replacing the
current regulatory process for the awarding of certificates,
degrees.
However, the proposed process requires the School to determine
certificates, diplomas and degrees by way of legislative
instruments. Under the Legislative Instruments Act 2003
(Cth), legislative instruments are:
- registered on the Federal Registrar of Legislative Instruments
in order to be enforceable,
- tabled in Parliament, and
- subject to scrutiny and disallowance by Parliament.
Therefore, it is questionable that the proposed processes of
having the School make a determination in the form of a legislative
instrument will in fact be more efficient than the current
regulatory process. The proposed process:
- will shift the administrative burden in terms of drafting the
determination from the Office of Legislative Drafting and
Publishing to the School, and
- may result in greater uncertainty during the period between
registration and the Parliament considering the legislative
instrument.
- Arts Legislation Amendment (Maritime Museum and Film,
Television and Radio School) Bill 2005, Explanatory Memorandum, p.
1.
- Senator Kay Patterson, Minister for Family and Community
Services and Minister Assisting the Prime Minister for Women s
Issues, Second Reading Speech: Arts Legislation Amendment (Maritime
Museum and Film, Television and Radio School) Bill 2005 , Senate,
Debates, 23 June 2005, p. 7.
- S. Williams, Film Schools Shift Focus to Fostering Business ,
Australian Financial Review, 16 April 2005, p. 37.
Ann Palmer
9 August 2005
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 2005
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Published by the Parliamentary Library, 2005.
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