House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for the Environment, Heritage and the Arts, the Hon. Peter Garrett AM MP)

Notes on clauses

Clause 1 - Short title

Clause 1 provides that the Bill, when enacted, may be cited as the Screen Australia and the National Film and Sound Archive (Consequential and Transitional Provisions) Act 2008 .

Clause 2 - Commencement

Clause 2 provides that each provision of the Bill specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Item 1 of the table provides that clauses 1 to 3 of the Bill (containing the short title, the commencement provision and the provision explaining the operation of the Schedules to the Bill) would commence on the day on which the Bill receives the Royal Assent.

Item 2 of the table provides that Schedule 1 to the Bill (containing repeal and consequential amendments) would commence on the day on which subclause 5(1) of the SA Bill commences. Subclause 5(1) of the SA Bill provides for the establishment of SA and it is intended that it will commence on Proclamation.

Item 3 provides that Schedule 2 to the Bill (containing transitional provisions) commences on the day on which the Bill receives the Royal Assent.

Clause 3 - Schedule(s)

Clause 3 provides that each Act that is specified in a Schedule to the Bill is amended or repealed as set out in that Schedule and that any other item in a Schedule has effect according to its terms.

Schedule 1 to the Bill provides for the repeal of the AFC Act. It also inserts a provision regarding long service leave in the AFTRS Act. Schedule 1 also inserts provisions in the Income Tax Assessment Act 1997 to allow SA to administer, as the film authority, the Producer Offset tax incentive for producers of Australian films. Another amendment to the Income Tax Assessment Act 1997 adds SA to the list of Australian Government film bodies whose development assistance, when provided to the maker of an Australian film, is not qualifying Australian production expenditure for the purposes of calculating the amount of the Producer Offset tax incentive under Division 376 of the Income Tax Assessment Act 1997 .

Schedule 2 to the Bill contains transitional provisions.

Part 1 of Schedule 2 to the Bill contains the definitions for the Schedule.

Part 2 provides for the vesting of assets and liabilities of the AFC in SA, NFSA or AFTRS and the vesting of assets and liabilities of FAL and FFC in SA.

Part 3 provides for the Minister to make provision for the termination of the appointments of certain office holders of AFC, FAL and FFC.

Part 4 provides for transfer of the employees of the AFC, FAL and FFC to employment by SA or AFTRS under subclause 31(2) of the SA Bill or under section 34 of the AFTRS Act 1975 respectively. Some staff being transferred from the AFC to SA and all staff being transferred from the AFC to the NFSA are appointed subject to the Public Service Act 1999 and will be transferred by a determination under section 72 of that Act. Part 4 also makes provision for certain other employment related matters including accrued entitlements, superannuation, maternity and long service leave.

Part 5 provides for things done, references in instruments, legal proceedings and records, including:

•

that references to the AFC, FAL or FFC in instruments are to be deemed to be references to SA, the Commonwealth, NFSA or AFTRS;

•

the substitution of SA for the AFC, FAL or FFC or the NFSA, AFTRS or the Commonwealth for the AFC in legal proceedings; and

•

the transfer of custody of records from the AFC, FAL and FFC to SA, NFSA or AFTRS.

Part 6 provides for annual reports, returns and other documents in relation to the AFC, FAL or FFC.

Part 7 provides for the appointment of the first CEOs of SA and the NFSA.

Part 8 provides other transitional issues including:

•

that the final annual report of the AFC is to be prepared by SA;

•

the transfer of appropriated money to SA and the NFSA; and

•

reasonable compensation to be paid for any acquisition of property under this Bill other than on just terms.

Clause 4 - Extended geographic application of this Act

The Bill will extend to every external territory.