Bills Digest no. 81 2007–08
Screen Australia and the National Film and Sound Archive
(Consequential and Transitional Provisions) Bill 2008
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
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Screen Australia and the National Film and
Sound Archive (Consequential and Transitional Provisions) Bill
House: House of Representatives
Portfolio: Environment, Heritage and the
Sections 1 to 4, and
Schedule 2, commence on Royal Assent. Schedule 1 commences at the
same time as subsection 5(1) of the Screen
Australia Act 2008 commences.
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
To make a number of consequential and transitional amendments to
legislation, to complement the recently introduced
Screen Australia Bill 2008 ( the Screen Australia Bill ), and
National Film and Sound Archive Bill 2008 ( the Film and Sound
The amendments in this Bill are related to the proposed
establishment of two new bodies: Screen Australia, by the Screen
Australia Bill, and the National Film and Sound Archive (NFSA) by
the Film and Sound Bill.
Screen Australia will be an amalgamation of a number of
Commonwealth-funded film agencies and bodies. The NFSA is a newly
established body whose functions currently sit within the
Australian Film Commission (AFC).
The Bills Digests for the Screen Australia Bill, and the
Film and Sound Bill, should be consulted for information about
the policy background of the creation of these new bodies.
The Explanatory Memorandum states that the Bill is not expected
to have a significant impact on Commonwealth expenditure.
The provisions of this Bill make consequential
amendments to the Australian Film, Television and
Radio School Act 1973, the Income
Tax Assessment Act 1997. The amendments ensure that certain
long service leave and tax provisions will continue to apply after
the transfer of functions away from the AFC.
The Bill also makes transitional provisions dealing with the
annual reporting; transfer of assets and liabilities; and transfer
of employees of the AFC, Film Australia Limited (FAL), and Film
Finance Corporation Australia Limited (FFC), to the new Screen
Australia, the NFSA, or the Australian Film, Radio and Television
Of note are the following amendments:
- Schedule 1 repeals the Australian Film
Commission Act 1975, which will become redundant under the new
- Schedule 2, Part 2 deals with the automatic
transfer of assets and liabilities of the AFC, FAL or FFC to Screen
Australia. The amendments also provide that any transfer of AFC
assets to the NFSA or AFTRS may be done by Ministerial
- Schedule 2, Part 4 deals with transitional
provisions relating to transfer of staff from the old to the new
- Schedule 2, Part 7 allows the Minister to
appoint the first CEO(s) of Screen Australia and NFSA, and
- Schedule 2, Part 8, item 39enables the
Governor-General to make regulations in relation to the Act.
The amendments in this bill are minor and technical in nature,
and are purely consequential to the Screen Australia Bill and the
Film and Sound Bill. The Bills Digests for those Bills should be
consulted for a fuller discussion of the policy issues.
12 March 2008
Bills Digest Service
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