{"id":"C1973A00095","name":"Australian Film, Television and Radio School Act 1973","slug":"australian-film-television-and-radio-school-act-1973","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"95 of 1973","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2557,"registerId":"commonwealth-C1973A00095-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Film, Television and Radio School Act 1973.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Acting Director means a person appointed under section 31 to act as the Director.\n\n> appointed includes re‑appointed, and appointment has a corresponding meaning.\n\n> broadcast means to transmit by way of television or radio, and broadcasting has a corresponding meaning.\n\n> Council means the Council of the Australian Film, Television and Radio School established by section 7.\n\n> Director means the Director of the School appointed under section 24.\n\n> ex‑officio member means a member, being the Director or an Acting Director.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Council.\n\n> member of the staff of the School means, except in section 21, a person who is employed on a full‑time basis under section 34, being a person who has been so employed, or whose term of employment is, for a period of 12 months or more.\n\n> program means:\n\n    (a) an aggregate of images or sounds, or of images and sounds, embodied in any material; or\n    (b) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, broadcast without first having been embodied in any material.\n\n> School means the Australian Film, Television and Radio School established by section 4.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"The Australian Film, Television and Radio School","content":"## Part II—The Australian Film, Television and Radio School","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of School","content":"#### 4 Establishment of School\n\n  (1) There is hereby established a school to be known as the Australian Film, Television and Radio School.\n  (2) The School:\n    (a) is a body corporate;\n    (b) shall have a seal; and\n    (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the School. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The design of the seal of the School shall be as determined by the Council.\n  (4) The seal of the School shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.\n  (5) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the School appearing on a document and shall presume that the document was duly sealed.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Functions of School","content":"#### 5 Functions of School\n\n  (1) The functions of the School are:\n    (a) to provide advanced education and training by way of the development of the knowledge and skills required in connexion with the production of programs;\n    (b) to conduct and encourage research in connexion with the production of programs;\n    (c) to conduct such seminars and courses of education or training for persons engaged, or to be engaged, directly or indirectly, in connexion with the production of programs as are approved by the Council;\n    (d) to co‑operate and make arrangements with other institutions and persons for purposes in connexion with the production of programs or the provision of education or training of the kind referred to in paragraph (a);\n    (e) for purposes in connexion with the production of programs or the provision of education or training of the kind referred to in paragraph (a), to provide facilities for, and to offer the services of the staff of the School to, such other institutions or persons as are approved by the Council;\n    (f) to make grants of financial assistance to persons to enable or assist those persons to receive education or undergo training of the kind referred to in paragraph (a);\n    (g) to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are specified in a determination under section 6A; and\n    (h) to do anything incidental or conducive to the performance of the foregoing functions.\n  (2) The School shall exercise its functions with a view to enabling and encouraging the production of programs of a high degree of creativeness and of high technical and artistic standards.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Powers of School","content":"#### 6 Powers of School\n\n  Subject to this Act, the School has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts;\n    (b) to erect buildings;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the School;\n    (d) to acquire, hold and dispose of real or personal property; and\n    (e) to accept gifts, devises and bequests made to the School, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the School upon trust.","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"School may determine degrees, diplomas and certificates","content":"#### 6A School may determine degrees, diplomas and certificates\n\n  The School may, by legislative instrument, make a determination specifying degrees, diplomas or certificates for the purposes of paragraph 5(1)(g).","sortOrder":8},{"sectionNumber":"Part III","sectionType":"part","heading":"The Council of the School","content":"## Part III—The Council of the School","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"The Council","content":"#### 7 The Council\n\n  (1) The School shall be governed by a council to be known as the Council of the Australian Film, Television and Radio School.\n  (2) All acts and things done in the name of, or on behalf of, the School by the Council or with the authority of the Council shall be deemed to have been done by the School.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Constitution of Council","content":"#### 8 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) the Director;\n    (b) a staff member elected by the staff members in the manner prescribed;\n    (c) a student of the School elected by the students of the School in the manner prescribed;\n    (d) 3 members appointed by the Governor‑General; and\n    (e) 3 members of Convocation appointed by the Council.\n  (4) If an appointment of an Acting Director is in force under section 31, the Acting Director may attend meetings of the Council and, for the purposes of those meetings, shall be deemed to be a member of the Council.\n  (5) An act or decision of the Council is not invalid by reason only of a vacancy or vacancies in the membership of the Council.\n  (6) The appointment or election of a member is not invalid by reason only of a defect or irregularity in connexion with the appointment or election.\n  (7) The term of office of a member shall be as provided by this Act, but, subject to section 11, a member is eligible for re‑appointment or re‑election.\n  (8) Subject to this Act:\n    (a) a member appointed under paragraph (1)(d) holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment; and\n    (b) a member appointed under paragraph (1)(e) holds office for a period of 3 years.\n  (9) In this section:\n\n> staff member means a person who:\n\n    (a) is employed on a full‑time or part‑time basis under section 34; and\n    (b) has been so employed, or whose term of employment is, for at least 12 months.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Members elected by members of staff of School","content":"#### 9 Members elected by members of staff of School\n\n  (1) Except as otherwise provided by this section, the member elected under paragraph 8(1)(b) holds office, subject to this Act, for a period of one year and the term of office of the member shall not commence before the expiration of the term of office of the member whose place the first‑mentioned member fills.\n  (2) If the member has ceased to hold office before the expiration of his or her term of office, a member shall, if the Minister so directs, be elected under paragraph 8(1)(b) to hold office from the date of his or her election until the expiration of that term.\n  (3) A member elected under paragraph 8(1)(b) ceases to hold office if he or she ceases to be a member of the staff of the School.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Members elected by students","content":"#### 10 Members elected by students\n\n  (1) In this section, student member means the member referred to in paragraph 8(1)(c).\n  (2) Except as otherwise provided by this section, the student member holds office, subject to this Act, for the period of one year and the term of office of a student member shall not commence before the expiration of the term of office of the member whose place he or she fills.\n  (3) If the student member has ceased to hold office before the expiration of his or her term of office, a student member shall, if the Minister so directs, be elected under paragraph 8(1)(c) to hold office from the date of his or her election until the expiration of that term.\n  (4) A student member ceases to be a member if the Council determines that he or she has ceased to be a student of the School.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Eligibility for appointment as member","content":"#### 11 Eligibility for appointment as member\n\n  (1) Subject to this section, where a person has been elected or appointed as a member on two successive occasions, the person is not eligible to be again elected or appointed as a member.\n  (2) Where a person has been elected or appointed as a member on two successive occasions and a period of not less than one year has elapsed since the expiration of the second term of office of the member, the member is eligible to be again elected or appointed as a member.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Delegation by Council","content":"#### 12 Delegation by Council\n\n  (1) Subject to any direction of the Minister, the Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to a member of the Council, a committee of the Council or a member of the staff of the School any of its powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Council.\n  (3) A delegation of a power under this section:\n    (a) may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated);\n    (b) does not prevent the exercise of the power by the Council; and\n    (c) continues in force notwithstanding a change in the membership of the Council.\n  (4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.\n  (5) A certificate signed by the Chair of the Council stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Chair and Deputy Chair of Council","content":"#### 13 Chair and Deputy Chair of Council\n\n  (1) Subject to subsection (3), the Governor‑General shall appoint a member of the Council to be the Chair of the Council.\n  (2) Subject to subsection (3), the Council shall appoint a member of the Council to be the Deputy Chair of the Council.\n  (3) The Governor‑General shall not appoint as Chair, and the Council shall not appoint as Deputy Chair, an ex‑officio member or a member referred to in paragraph 8(1)(b) or (c).\n  (4) The member appointed as Chair or Deputy Chair holds office as Chair or Deputy Chair until the expiration of the member’s term of office as a member that is current at the time of the member’s appointment, but ceases to be the Chair or Deputy Chair if he or she ceases to be a member, and may resign from office as Chair or Deputy Chair by writing signed by the member and delivered:\n    (a) in the case of the Chair—to the Governor‑General; and\n    (b) in the case of the Deputy Chair—to the Chair.\n  (5) A person is eligible to be re‑appointed as the Chair or Deputy Chair.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Resignation of members","content":"#### 14 Resignation of members\n\n  A member, other than an ex‑officio member, may resign from office by writing signed by the member and delivered to the Governor‑General.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Dismissal of members","content":"#### 15 Dismissal of members\n\n  The Governor‑General may remove a member, other than an ex‑officio member, from office on the ground of misbehaviour or physical or mental incapacity.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Fees and allowances","content":"#### 16 Fees and allowances\n\n  (1) A member other than the Director shall be paid such fees as are determined by the Remuneration Tribunal.\n  (2) A member other than the Director shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Leave of absence","content":"#### 17 Leave of absence\n\n  (1) A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Council may grant a full‑time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines.\n  (3) The Council may grant a part‑time member leave to be absent from a meeting or meetings of the Council.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Vacation of office","content":"#### 18 Vacation of office\n\n  (1) If a member, other than an ex‑officio member:\n    (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;\n    (b) is absent without leave of the Council from 3 consecutive meetings of the Council;\n  the Governor‑General shall remove the member from office.\n\n> Note: A member can also be removed from office under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 8(1)(b) or (c) of this Act as if the election were an appointment by the Council.\n\n> Note: This enables the Council to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Meetings of Council","content":"#### 20 Meetings of Council\n\n  (1) The Council shall hold such meetings as are necessary for the performance of its functions.\n  (2) The Chair, or if for any reason the Chair is not available, the Deputy Chair:\n    (a) may convene meetings of the Council, and shall comply with any resolution of the Council with respect to the convening of meetings; and\n    (b) shall, on receipt of a written request signed by not less than 2 members, convene a meeting of the Council.\n  (3) If neither the Chair nor the Deputy Chair is available, the Director may convene a meeting of the Council.\n  (4) The Chair shall preside at all meetings of the Council at which he or she is present.\n  (5) At a meeting of the Council at which the Chair is not present the Deputy Chair shall preside.\n  (6) At a meeting of the Council at which neither the Chair nor the Deputy Chair is present, the members present shall appoint one of their number to preside.\n  (7) The quorum at a meeting of the Council is:\n    (a) before the first members have been elected under paragraphs 8(1)(b) and (c)—5 members; and\n    (b) after the first members have been so elected—5 members.\n  (8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present.\n  (9) The member presiding at a meeting of the Council has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.","sortOrder":22},{"sectionNumber":"Part IV","sectionType":"part","heading":"Convocation","content":"## Part IV—Convocation","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Constitution of Convocation","content":"#### 21 Constitution of Convocation\n\n  (1) Convocation shall consist of:\n    (a) all members and past members of the Council;\n    (b) all persons who were, at any time, members of the Interim Council;\n    (c) all members and past members of the staff of the School;\n    (d) all persons who have been awarded degrees or diplomas by the School; and\n    (e) such persons as the Council admits as members of Convocation.\n  (1A) A reference in subsection (1) to a member of the staff of the school is a reference to a member of the academic or technical staff of the School engaged in, or directly or indirectly associated with, teaching at the School.\n  (2) The Council shall not admit a person as a member of Convocation under paragraph (1)(e) unless the Council considers the person to be suitably qualified to be so admitted by virtue of the person’s knowledge or experience in connexion with films, television or radio.\n  (3) In paragraph (1)(b), Interim Council means the Council established on 14th November, 1969, to investigate and report on the form and location of a national film and television training school.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Roll of members","content":"#### 22 Roll of members\n\n  (1) Until Convocation is constituted, the Council shall cause to be kept a roll of all persons who are entitled to become members of Convocation.\n  (2) When the number of persons so enrolled amounts to 100, the Council shall report the fact to the Governor‑General.\n  (3) The report referred to in subsection (2) shall be published in the Gazette, and Convocation shall be deemed to be constituted on the day of that publication.\n  (4) After Convocation has been constituted, the Council shall cause to be kept a roll of all members of Convocation.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Meetings of Convocation","content":"#### 23 Meetings of Convocation\n\n  Meetings of Convocation may be convened by the Chair of the Council.","sortOrder":26},{"sectionNumber":"Part V","sectionType":"part","heading":"The Director","content":"## Part V—The Director","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Director of School","content":"#### 24 Director of School\n\n  (1) There shall be a Director of the School, who shall be appointed by the Governor‑General on the recommendation of the Council.\n  (2) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Tenure of office","content":"#### 25 Tenure of office\n\n  The Director shall be appointed for a period not exceeding 7 years, but is eligible for re‑appointment.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Functions of Director","content":"#### 26 Functions of Director\n\n  Subject to the general direction of the Council, the Director shall manage the affairs of the School.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Remuneration and allowances of Director","content":"#### 27 Remuneration and allowances of Director\n\n  (1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (2) The Director shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Resignation","content":"#### 28 Resignation\n\n  The Director may resign from office by writing signed by the Director and delivered to the Governor‑General.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Vacation of office of Director","content":"#### 29 Vacation of office of Director\n\n  (1) If the Director:\n    (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;\n    (b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;\n  the Governor‑General shall remove the Director from office.\n  (2) The Governor‑General may remove the Director from office for misbehaviour or physical or mental incapacity.\n\n> Note: The Director may also be removed from office under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Director not to undertake any other work","content":"#### 30 Director not to undertake any other work\n\n  (1) The Director shall not engage in paid employment outside the duties of the Director’s office except with the approval of the Council.\n  (2) The Council shall not give an approval for the purposes of subsection (1) unless it is satisfied that the paid employment will not interfere with the performance of the duties of the Director under this Act.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Acting Director","content":"#### 31 Acting Director\n\n  (1) The Governor‑General may appoint a person to act as the Director:\n    (a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Director is, or is about to be, absent from duty or from Australia or, for any reason, unable to perform the functions of the Director’s office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Governor‑General may:\n    (a) subject to this Act, on the recommendation of the Council, determine the terms and conditions of appointment of an Acting Director; and\n    (b) at any time terminate such an appointment.","sortOrder":35},{"sectionNumber":"Part VI","sectionType":"part","heading":"Staff","content":"## Part VI—Staff","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Employment of staff of School","content":"#### 34 Employment of staff of School\n\n  The School may employ such persons as are necessary for the purposes of this Act.","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Terms and conditions of employment of staff","content":"#### 35 Terms and conditions of employment of staff\n\n  (1) The terms and conditions of employment (in respect of matters not provided for by this Act) of persons employed under section 34 are as determined by the Council.\n  (2) In subsection (1), terms and conditions include conditions with respect to the duration of employment or with respect to dismissal from employment.","sortOrder":38},{"sectionNumber":"35A","sectionType":"section","heading":"Long service leave for the School’s employees","content":"#### 35A Long service leave for the School’s employees\n\n  The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by the School under section 34 of this Act as if the person were engaged under the Public Service Act 1999.","sortOrder":39},{"sectionNumber":"Part VII","sectionType":"part","heading":"Finance","content":"## Part VII—Finance","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Moneys payable to School","content":"#### 36 Moneys payable to School\n\n  (1) There are payable to the School such moneys as are appropriated by the Parliament for the purposes of the School.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the School.","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Application of moneys","content":"#### 39 Application of moneys\n\n  (1) The moneys of the School shall be applied only:\n    (a) in payment or discharge of the costs and expenses of the School under this Act; and\n    (b) in payment of any remuneration (including fees) and allowances payable under this Act.\n  (1A) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the School.\n  (2) Notwithstanding anything contained in this Act, where a gift or bequest made to the School is subject to conditions in relation to the purposes for which it is to be applied, the moneys paid to the School as a result of the gift or bequest, and any income derived from the investment of those moneys, may be applied for those purposes and subject to those conditions but not otherwise.","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Power to purchase and dispose of assets","content":"#### 40 Power to purchase and dispose of assets\n\n  (1) The School shall not, without the approval of the Minister:\n    (a) acquire any property, right or privilege for a consideration exceeding in amount or value $250,000 or, if a higher amount is prescribed, that higher amount;\n    (b) dispose of any property, right or privilege where the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds $250,000 or, if a higher amount is prescribed, that higher amount;\n    (c) enter into a contract for the construction of a building for the School, being a contract under which the School is to pay an amount exceeding $50,000 or, if a higher amount is prescribed, that higher amount; or\n    (d) enter into a lease of land for a period exceeding 10 years.\n  (2) The taking on lease or the purchase of land or buildings required for the purposes of the School shall be effected under the Lands Acquisition Act 1989.","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Exemption from taxation","content":"#### 44 Exemption from taxation\n\n  The School is not subject to taxation under any law of the Commonwealth or of a State or Territory.","sortOrder":44},{"sectionNumber":"Part VIII","sectionType":"part","heading":"Miscellaneous","content":"## Part VIII—Miscellaneous","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Application of the Air Accidents (Commonwealth Government Liability) Act 1963","content":"#### 46 Application of the Air Accidents (Commonwealth Government Liability) Act 1963\n\n  The School is a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Government Liability) Act 1963.","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Inventions etc. of employees","content":"#### 47 Inventions etc. of employees\n\n  (1) Where a discovery, invention or improvement of or in any process, apparatus or machine is made by an employee of the School in the course of the employee’s official duties, it is the property of the School and may be made available by the School on such conditions and on payment of such fees or royalties, or otherwise, as the Council, with the approval of the Minister, determines.\n  (2) An employee of the School shall not, except with the consent in writing of the Council, make application for a patent for an invention that is made by the employee in the course of the employee’s official duties or that relates to any matter or work connected with the employee’s official duties.","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Bonuses for discoveries by employees","content":"#### 48 Bonuses for discoveries by employees\n\n  The Council may pay to employees of the School, or to persons working on behalf of the School, such bonuses as the Council, with the approval of the Minister, determines in respect of useful discoveries or inventions made by those employees or persons.","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Fees and agreements","content":"#### 49 Fees and agreements\n\n  The Council may charge such fees, and may agree to such conditions, as it thinks fit:\n    (a) for investigations carried out by the School at the request of any institution or person; and\n    (b) for the purpose of exercising its function under paragraph 5(1)(e).","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Fees payable by students","content":"#### 50 Fees payable by students\n\n  (1) Subject to this section, fees are payable to the School, at such rates as, subject to any directions of the Minister, the Council determines for courses of study or instruction of the School, for entry to examinations conducted by the School and for such other facilities or privileges of the School as the Council determines or the Minister directs.\n  (2) A student who has been granted by the School a scholarship or bursary, is exempt from payment of fees to the extent of the exemption applicable under the scholarship or bursary.","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Regulations","content":"#### 51 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing for:\n    (a) the manner and time of convening, holding and adjourning meetings of Convocation;\n    (b) the quorum of meetings of Convocation;\n    (c) the appointment, powers and duties of the chair of Convocation;\n    (d) the conduct and record of the business of meetings of Convocation;\n    (e) the appointment of committees of Convocation; and\n    (f) penalties not exceeding a fine of 1 penalty unit for offences against the regulations.","sortOrder":51}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"Section 20(7)","severity":"medium","reasoning":"Section 20(7)(a) sets quorum at 5 members 'before the first members have been elected under paragraphs 8(1)(b) and (c)' and section 20(7)(b) sets quorum at 5 members 'after the first members have been so elected.' Both sub-paragraphs prescribe exactly the same quorum of 5. The drafters clearly intended different quorum numbers for the transitional period (when the Council lacks elected staff and student members and therefore has fewer members), but accidentally wrote the same number twice. As drafted, the distinction serves zero legal purpose and implies the transitional phase requires the same proportion of a smaller body, making quorum potentially impossible to achieve early in the School's life.","confidence":0.97,"description":"The quorum provisions for Council meetings before and after the first elected members are identical — both set at 5 members — making the distinction between the two sub-paragraphs completely meaningless."},{"type":"other","section":"Section 3 — definition of 'member of the staff of the School'","severity":"medium","reasoning":"The section 3 definition restricts 'member of the staff of the School' to persons employed full-time under section 34 for 12 months or more. This narrow definition governs section 12(1) delegations and section 9(3) vacation of office. Section 8(9) separately defines 'staff member' (for electoral eligibility) to include part-time employees with 12 months service. The multiplicity of overlapping but non-identical staff definitions creates a patchwork where, for example, a part-time employee of 5 years' standing can vote in Council elections (s8(9)) but cannot receive a delegation (s12(1)) and is not a 'member of the staff' for most Act purposes.","confidence":0.85,"description":"The definition of 'member of the staff of the School' excludes its application to section 21 (Constitution of Convocation), yet section 21(1A) independently defines who counts as 'a member of the staff of the School' for section 21. The carve-out in section 3 is therefore redundant, but more problematically, section 12(1) allows delegation to 'a member of the staff of the School', which under the section 3 definition requires full-time employment for 12 months or more — potentially excluding large numbers of actual staff from receiving delegations."},{"type":"other","section":"Section 22(1)–(3)","severity":"low","reasoning":"Section 21(1)(a) makes all Council members automatic members of Convocation. The Council itself has up to 8 members from day one (s8(1)). Section 21(1)(c) adds all staff members. Given the School would need substantial staff to operate, reaching 100 Convocation-eligible persons would happen quickly and possibly before any formal roll is ever kept. The bootstrapping mechanism in s22 assumes Convocation doesn't yet exist, but the class of persons entitled to membership exists immediately upon establishment.","confidence":0.78,"description":"The Council is required to keep a roll of persons entitled to become members of Convocation 'until Convocation is constituted', and Convocation is constituted when 100 persons are enrolled. However, under section 21(1), Convocation includes all Council members — who exist from the moment the School is established. The School could never logically reach a state where there are zero Convocation-eligible members, meaning the pre-constitution roll requirement may be immediately redundant, and the 100-person threshold may already be satisfied (or nearly so) before the Council even begins keeping the roll."},{"type":"impossible_compliance","section":"Section 8(1)(e) and Section 22","severity":"high","reasoning":"Section 8(1)(e) requires 3 Convocation-appointed members to sit on the Council. Convocation only comes into existence under s22(3) after 100 members are enrolled and the Governor-General's report is published in the Gazette. Until that point there is no Convocation from which to appoint, so the Council is perpetually inquorate or incompletely constituted in its early life. The Act provides no transitional mechanism for this gap, creating a genuine chicken-and-egg problem: the Council governs the School and manages the roll toward Convocation, but cannot be properly constituted until Convocation exists.","confidence":0.88,"description":"The Council must appoint 3 members of Convocation (s8(1)(e)), but Convocation does not exist until 100 persons are enrolled and the fact is published in the Gazette (s22(2)–(3)). Before Convocation is constituted, the Council cannot lawfully make these appointments, yet the Council cannot be fully constituted without those appointees — a bootstrapping deadlock."},{"type":"impossible_compliance","section":"Section 13(3) and Section 8(1)","severity":"medium","reasoning":"Section 13(1) requires the Governor-General to appoint a member as Chair. Section 13(3) prohibits the appointment of ex-officio members (the Director/Acting Director) or elected members (s8(1)(b) and (c)). Before Convocation is constituted, the only available pool is the three s8(1)(d) Governor-General appointees. If vacancies exist among those three, it may become impossible to appoint a Chair who is both a Council member and not in a prohibited category.","confidence":0.75,"description":"The Chair must be appointed from Council members but cannot be the Director (ex-officio member), cannot be the staff-elected member (s8(1)(b)), and cannot be the student-elected member (s8(1)(c)). Before Convocation is constituted, the only eligible Chair candidates are the 3 Governor-General-appointed members under s8(1)(d), since the 3 Convocation-appointed members under s8(1)(e) cannot yet be appointed. This restricts the Chair pool to just 3 people during the School's formative period with no acknowledgment of this constraint."},{"type":"other","section":"Section 47(1) and Section 48","severity":"low","reasoning":"This is more of a policy curiosity than a strict legal absurdity, but it creates a notable internal tension: the regime mandatorily appropriates all employee inventions (s47(1)) while s47(2) prohibits employees from even applying for patents without Council consent. Section 48 then allows discretionary bonuses for the same inventions. The employee has no entitlement to any reward yet has no right to the IP — the bonus is entirely at the Council's discretion. This is not impossible to comply with but creates an inherently asymmetric and arguably exploitative framework baked into the legislation.","confidence":0.65,"description":"Section 47(1) vests all inventions made by employees in the course of official duties in the School. Section 48 then empowers the Council to pay bonuses to employees for 'useful discoveries or inventions.' If the invention already belongs entirely to the School by operation of law (s47(1)), characterising a bonus payment as being 'in respect of' the employee's invention is legally coherent but creates an odd incentive structure — the Act simultaneously strips employees of all IP rights and then purports to reward them for those same stripped rights."}],"contradictions":[{"severity":"medium","section_a":"Section 20(7)(a)","section_b":"Section 20(7)(b)","confidence":0.97,"description":"Both sub-paragraphs of the quorum provision prescribe exactly 5 members as the quorum — one applying before the first staff and student members are elected, and one applying after. The two sub-paragraphs are textually identical in effect, directly contradicting the evident legislative intent that the quorum should differ between the two phases of the Council's operation."},{"severity":"high","section_a":"Section 8(1)(e)","section_b":"Section 22(2)–(3)","confidence":0.88,"description":"Section 8(1)(e) requires the Council to be constituted with 3 members appointed from Convocation, but sections 22(2)–(3) provide that Convocation only comes into existence after 100 eligible persons are enrolled and the fact is reported and published in the Gazette. These provisions are in direct conflict during the School's early operation: the Council cannot be fully constituted without Convocation members, yet Convocation cannot exist without the Council first enrolling 100 eligible members."},{"severity":"medium","section_a":"Section 3 — definition of 'member of the staff of the School'","section_b":"Section 8(9) — definition of 'staff member'","confidence":0.9,"description":"The Act uses two non-identical definitions for what is essentially the same concept. Section 3 defines 'member of the staff of the School' as a person employed full-time under section 34 for 12 months or more (and explicitly excludes section 21). Section 8(9) defines 'staff member' as any person employed full-time or part-time under section 34 for at least 12 months. Section 8(9) expressly includes part-time employees, while the section 3 definition does not. This means a long-serving part-time employee can elect a Council member but is not a 'member of the staff of the School' for other Act purposes, including receiving delegations under section 12."},{"severity":"low","section_a":"Section 16(1)","section_b":"Section 39(1)(b)","confidence":0.6,"description":"Section 16(1) provides that members (other than the Director) 'shall be paid such fees as are determined by the Remuneration Tribunal.' Section 39(1)(b) provides that School moneys shall be applied in payment of 'remuneration (including fees) and allowances payable under this Act.' While not a direct contradiction, section 16 creates mandatory fee entitlements determined externally by the Remuneration Tribunal, while section 39 constrains the School's money to its own costs and expenses. If Tribunal-determined fees exceed appropriated funds, the School has a legal obligation it cannot meet from its own resources — with no mechanism in the Act to resolve the shortfall."},{"severity":"low","section_a":"Section 14","section_b":"Section 18(1)","confidence":0.55,"description":"Section 14 states that a member 'may resign from office by writing ... delivered to the Governor-General.' Section 18(1) states that the Governor-General 'shall remove' a member who meets the specified grounds (bankruptcy, or absence from 3 consecutive meetings). The word 'shall' in section 18(1) creates a mandatory removal obligation that overrides any discretion, yet section 14 implies the member retains agency to resign first. The minor tension arises where a member who is absent from 3 consecutive meetings and simultaneously submits a resignation — the Governor-General is simultaneously obliged to remove the member and receiving a resignation. The Act provides no priority rule between voluntary resignation and mandatory removal, which affects whether the member vacates by resignation (potentially with different legal consequences) or by removal for cause."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act has remained true to its original purpose: establishing and governing AFTRS as a national training institution for the film, television, and radio industry. Amendments over the years have updated governance and financial accountability references (e.g. incorporation of the Public Governance, Performance and Accountability Act 2013) and added the power to award degrees via legislative instrument (section 6A), but these are modernisation updates rather than scope expansions. The School's core mission — advanced creative industry education and research — has not materially changed since 1973."},"complexity_factors":["Moderate number of defined terms (approximately 11 in the interpretation section)","Multiple cross-references between sections (e.g. sections 5, 6A, 8, 31, 34 are frequently cross-referenced)","Layered governance structure requiring readers to track relationships between the Council, Director, Convocation, Minister, and Governor-General","Conditional eligibility rules for Council membership with term-limit exceptions (sections 8, 9, 10, 11)","External legislative cross-references to at least 7 other Acts (Public Governance, Performance and Accountability Act 2013; Remuneration Tribunal Act 1973; Long Service Leave (Commonwealth Employees) Act 1976; Acts Interpretation Act 1901; Lands Acquisition Act 1989; Air Accidents (Commonwealth Government Liability) Act 1963; Public Service Act 1999)","Some provisions have been removed (gaps in section numbering suggest repealed sections), which can confuse readers trying to follow the structure","Dual appointment mechanisms (Governor-General vs. Council vs. election) for different Council roles adds procedural complexity"],"plain_english_summary":"## Australian Film, Television and Radio School Act 1973\n\n**What does this law do?**\n\nThis Act establishes the **Australian Film, Television and Radio School (AFTRS)** — a government-funded national training institution for people working in film, TV, and radio. It sets out how the School is created, how it is governed, what it can do, and how it is funded.\n\n---\n\n**Who does it affect?**\n\n- **Students** studying film, television, and radio production at AFTRS\n- **Staff** employed by the School\n- **Council members** who govern the School\n- **The Director** who manages day-to-day operations\n- **Members of Convocation** — a broader community body made up of past and present staff, graduates, and council members (similar to how a university has an alumni and stakeholder body)\n- The **Commonwealth government**, which funds the School\n\n---\n\n**What are the School's key roles?**\n\n- Provide **advanced education and training** in program production (i.e., making films, TV shows, and radio content)\n- **Conduct research** into program production\n- Run **seminars and short courses** for industry professionals\n- **Collaborate** with other institutions and individuals in the industry\n- **Award degrees, diplomas, and certificates** (the specific awards are set by the School itself through a formal determination)\n- **Make grants** to help people access training\n- **Charge fees** for courses, research, and services\n\n---\n\n**How is the School governed?**\n\nThe School is run by a **Council** (like a board of directors), which includes:\n- The **Director** (the School's chief executive)\n- An elected **staff representative**\n- An elected **student representative**\n- **3 members appointed by the Governor-General**\n- **3 members appointed by the Council** from within Convocation\n\nThe Council is chaired by a **Chair** (appointed by the Governor-General) and a **Deputy Chair** (appointed by the Council). Council members generally serve terms of up to 3 years, and no one can serve more than two consecutive terms without a break.\n\nThe **Director** is appointed by the Governor-General on the Council's recommendation, serves up to 7 years, and manages the School's day-to-day affairs under the Council's direction.\n\n---\n\n**Financial arrangements**\n\n- The School is funded by **Parliamentary appropriation** (money voted by Parliament each year)\n- It is **exempt from Commonwealth, State, and Territory taxes**\n- It can **accept gifts and donations**\n- Major purchases, sales, or long-term leases require **Ministerial approval** (e.g., anything over $250,000)\n- Discoveries and inventions made by employees in the course of their work **belong to the School** — employees need written consent to apply for patents on their own work\n\n---\n\n**Why does it matter?**\n\nThis Act is the legal foundation for one of Australia's most important creative arts institutions. It gives AFTRS the legal status to operate as a government body, train the next generation of Australian storytellers, and contribute to the nation's screen and broadcast industries."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing and governing a national training school for film, television and radio. While it has been updated over time to reflect modern governance standards (particularly references to the Public Governance, Performance and Accountability Act 2013), the core scope of creating an educational institution with corporate status, a governing council, and training functions has not expanded beyond the original intent."},"complexity_factors":["Straightforward institutional structure with clear separation between Council governance and Director management","13 defined terms in the interpretation section, mostly self-explanatory (e.g., 'broadcast', 'School', 'Council')","Multiple cross-references to external legislation (Public Governance, Performance and Accountability Act 2013, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901, Lands Acquisition Act 1989, Long Service Leave Act 1976, Air Accidents Act 1963) but these are standard administrative hooks rather than complex integration","Some conditional logic around membership eligibility (section 11 on successive appointments) and vacation of office (sections 18, 29)","Financial thresholds ($250,000 for property, $50,000 for building contracts) that can be varied by regulation","Dual governance structure requiring coordination between Council, Director, Minister and Governor-General, but relationships are clearly delineated"],"plain_english_summary":"This Act creates and governs the **Australian Film, Television and Radio School (AFTRS)** — a national institution that trains people to work in film, TV and radio production.\n\n**What the School does:**\n- Provides advanced education and training for making films, television and radio programs\n- Conducts research into program production\n- Runs short courses and seminars for industry professionals\n- Awards degrees, diplomas and certificates\n- Can give financial grants to students\n- Must aim for high creative, technical and artistic standards in Australian screen and audio production\n\n**How it's structured:**\n- The School is a **body corporate** (a legal entity that can own property, sue and be sued)\n- It's run by a **Council** made up of:\n  - The School's Director\n  - One elected staff member\n  - One elected student\n  - Three people appointed by the Governor-General\n  - Three people appointed by Convocation (the School's alumni and professional network)\n- The **Director** manages day-to-day operations and is appointed by the Governor-General on the Council's recommendation\n- The School can employ staff and determine their working conditions\n\n**Key governance features:**\n- The Council can delegate powers but remains responsible\n- Members have term limits (generally 3 years for appointed members, 1 year for elected staff/student reps)\n- There are rules about conflicts of interest, bankruptcy, and removal from office\n- The School is exempt from tax and can receive government funding and private donations\n- Major financial decisions (buying property over $250,000, long leases, building contracts over $50,000) need Ministerial approval\n- Inventions made by staff during work belong to the School\n\n**Who it affects:**\n- Students seeking professional training in screen and audio production\n- Staff employed by the School\n- The Australian screen industry, which benefits from trained graduates\n- Taxpayers, who fund the School through parliamentary appropriations"}},"importantCases":[],"_links":{"self":"/api/acts/australian-film-television-and-radio-school-act-1973","history":"/api/acts/australian-film-television-and-radio-school-act-1973/history","analysis":"/api/acts/australian-film-television-and-radio-school-act-1973/analysis","conflicts":"/api/acts/australian-film-television-and-radio-school-act-1973/conflicts","importantCases":"/api/acts/australian-film-television-and-radio-school-act-1973/important-cases","documents":"/api/acts/australian-film-television-and-radio-school-act-1973/documents"}}