Bills Digest No. 165 2002-03
Australian Film Commission Amendment Bill 2003
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
Australian
Film Commission Amendment Bill 2003
Date Introduced:
29 May 2003
House:
House of Representatives
Portfolio:
Communications, Information Technology and the Arts
Commencement:
On the day on which the Act receives the Royal Assent. The
substantive amendments in Schedule 1 are scheduled to commence on 1
July 2003.
The purpose of the Bill is to integrate ScreenSound Australia
with the statutory body, the Australian Film Commission.
Background
In 1935, Cabinet decided to establish the National Film
and Speaking Record Library as part of the then Commonwealth National
Library. Subsequently, it became the National Film and Sound Archive
which was created as a separate Commonwealth collecting institution in
1984 together with a Council to guide it in its operation. In 1999, the
organisation changed its name to ScreenSound Australia—the
National Screen and Sound Archive.
ScreenSound Australia
functions as an operational group within the Department of Communications,
Information Technology and the Arts (DoCITA). ScreenSound Australia
is a leader in scientific archival research. It has more than 40,000
items of film, video, television, stills and recorded sound that are available
to industry for production purposes. ScreenSound Australia
also provides an online collection database.
ScreenSound Australia,
at present, is funded from the appropriation for DoCITA.
The Australian Film Commission (AFC) is a statutory authority
established in 1975. The AFC is a development agency for the screen production
sector in Australia.
The AFC's activities include financing the development of projects in
film, television and interactive media. The AFC also finances the development
of Indigenous film, television and digital interactive program makers.
A DoCITA Review of Cultural Agencies report recommended
the integration of the AFC and ScreenSound Australia
and the Government has accepted the recommendation. The integration is
scheduled for 1 July 2003.
Australia
In a joint media release on 13 May 2003, Senator the Hon Richard Alston,
Minister for Communications, Information Technology and the Arts and Senator
the Hon Rod Kemp, Minister for the Arts and Sport stated:
The synergies created by combining the resources of the AFC
and ScreenSound Australia
will improve their current educational and exhibition activities. It
will also provide national leadership in enhancing access to, and understanding
of, audiovisual culture.
Legislation will be introduced to facilitate the integration
and, for the first time, give clear recognition in Commonwealth statute
to the important work of collecting and preserving the nation's sound
and visual heritage.(1)
Taken overall, Budget 2003-04 is reported as being rather
benign to the arts community.(2) There were, however, cuts
in funding to the National Gallery, the National
Museum and the National Archives.
While the integration of ScreenSound Australia
into the AFC is seen as 'radical', it is reported as providing an opportunity
for ScreenSound Australia
to bring its archives into the centre of the Australian film and television
industry.(3)
The Shadow Treasurer and Shadow Minister for the Arts,
Mr Bob McMullan MP, has suggested that the budget cuts for the National
Archives, the National Gallery and the National Library will see up to
33 jobs lost.(4) On the issue of the integration of ScreenSound
Australia
with the AFC, he said:
More information is needed about the effects of this amalgamation
on the functions of both bodies.
It is difficult to see how the amalgamation of two different
bodies with fundamentally different roles will improve services to the
film industry and the public. The AFC produces films and ScreenSound
preserves and provides access to them. We will be watching closely to
ensure that none of these function is neglected.(5)
At present, staff of the AFC are appointed by the Commission
itself pursuant to section 29 of the Australian Film Commission Act
1975 (the Act). The integration of ScreenSound Australia
with the AFC will see a more elaborate structure introduced into the AFC,
including the formal appointment of a CEO by the Minister and the employment
of staff under the Public Service Act 1999. At Commission level,
a second Deputy Chair position will be created to recognise the expanded
functions of the AFC.
Item 1 inserts a definition of 'CEO' into section
3 of the Act.
Item 2 amends the existing definition of 'Deputy
Chair' to reflect the expanded structure of the AFC which will now have
two Deputy Chairs. Item 3 and Item 5, respectively, insert
new definitions that provide the titles of 'First Deputy Chair' and 'Second
Deputy Chair' in the Act. The distinction between the deputies is to
enable identification of which deputy formally deputises in the absence
of the Chair. Item 14 amends section 19 of the Act to allow the
Governor-General to appoint two Deputy Chairs and for the Minister to
determine who is 'First' and who is 'Second'. Item 19 amends
section 20 of the Act to provide that the 'First Deputy Chair', when available,
deputises for the Chair.
Item 4 inserts a definition of 'national collection'
to identify the cultural and heritage importance of the additional material
held by the AFC following the integration of ScreenSound Australia.
Item 8 adds additional functions to the AFC to identify the broader
cultural role for the AFC in developing, exhibiting and preserving the
'national collection'. Item 9 inserts a new obligation on the
AFC to use the 'national collection' in the national interest. Item
10 provides specific authority to the AFC to add to the 'national
collection' by way of purchase, deposit or loan and to provide public
access to the material by way of loan, hire, sale of programs made from
the materials, or otherwise. The AFC is also empowered to provide the
specialist services of ScreenSound Australia
on a fee for service basis.
Item 11 inserts an obligation for the AFC to provide
annual reports consistent with the Commonwealth Authorities and Companies
Act 1997, including express reporting on the disposal by the AFC of
any significant items from the 'national collection'.
Item 23 inserts a new Division 1—CEO into
the Act. The new Division contains sections 28A to 28K that deal with
the appointment, by the Minister, of the CEO of the AFC. Except for staff
matters, the Commission may give written directions to the CEO. In all
other respects the CEO is answerable to the Minister.
Items 24 enables DoCITA staff employed under the
Public Service Act 1999 to be transferred for employment with the
AFC and remain persons engaged under the Public Service Act 1999.
Item 26 appoints the existing 'non-statutory CEO'
of the AFC as the new CEO of the integrated AFC and ScreenSound Australia
as if that person had been appointed under the new arrangements. The
appointment runs to 31 December 2005 (the current term of employment).
Items 27 to 30 and Item 32 provide for
the transfer of assets, liabilities, contractual rights and records of
ScreenSound Australia
to the AFC.
Item 31 provides exemption from State or Territory
stamp duty or other tax which might otherwise apply to the transfer arrangements.
During the examination of the DoCITA portfolio,
including the Australian Film Commission, at Senate Estimates on 28 May 2003 the issue of the
integration of ScreenSound Australia
and AFC was discussed.(6) The evidence indicated that there
had been an internal portfolio review but the proposal did not appear
to have involved public consultation. The discussion also included questioning
as to the name for the integrated entity which will retain the previous
statutory title of AFC but will not include reference to ScreenSound Australia
in its formal title. ScreenSound will, however, remain a trading name
for the integrated function.
It seems ironic that attention is given to nomenclature
within the revised internal structure of the AFC to accommodate the integration
of the culturally important ScreenSound Australia,
yet the name of the integrated body does not reflect its expanded role.
- 'New arrangements for the Australian Film Commission
and ScreenSound Australia',
Media release, Senator the Hon Richard Alston,
Minister for Communications, Information Technology and the Arts and
Senator the Hon Rod Kemp, Minister for the Arts and Sport, No. B08/03,
13 May 2003.
- Cosima Marriner, 'Breathe easy: arts gets a new start',
Age, 15 May 2003. Gabriella
Coslovich, 'Budget windfall for arts', Age,
16 May 2003.
- Cosima Marriner, 'Breathe easy: arts gets a new start',
Age, 15 May 2003.
- 'Job Losses to Follow Cultural Review', Media release,
Bob McMullan—Shadow Treasurer and Shadow
Minister for the Arts, 16 May 2003.
- ibid.
- Senate, Environment, Communication, Information Technology
and the Arts Legislation Committee, Consideration of Budget Estimates,
Committee Hansard, 28 May 2003.
Brendan Bailey
4 June 2003
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
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