{"id":"public-corporations-adelaide-film-festival-regulations-2017","name":"Public Corporations (Adelaide Film Festival) Regulations 2017","slug":"public-corporations-adelaide-film-festival-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236795,"registerId":"sa-public-corporations-adelaide-film-festival-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Corporations (Adelaide Film Festival) Regulations 2017","content":"South Australia\nPublic Corporations (Adelaide Film Festival) Regulations 2017\nunder the Public Corporations Act 1993\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Application to Minister\n4\tApplication of Act to Minister\nPart 3—Adelaide Film Festival\nDivision 1—Continuation and constitution of subsidiary\n5\tContinuation of subsidiary (section 24)\n6\tContinuation of board\n7\tComposition of board\n8\tConditions of membership\n9\tVacancies or defects in appointment of directors\n10\tRemuneration\n11\tProceedings\n12\tDisclosure\nDivision 2—Functions and performance\n13\tFunctions of subsidiary\n14\tCharter\n15\tPerformance statement\n16\tSubsidiary companies\n17\tIndirect or joint operations by subsidiary\nDivision 3—Financial and related matters\n18\tInternal audit\n19\tQuarterly reports\n20\tLoans etc require approval\n21\tProvision of information\n22\tCommon seal and execution of documents\n23\tAnnual report\nSchedule 1—Transitional provision\n2\tTransitional provision\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Public Corporations (Adelaide Film Festival) Regulations 2017.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Public Corporations Act 1993;\nboard means the board of directors continued as the governing body of the subsidiary under Part 3;\ndirector means a person appointed or holding office as a member of the board under Part 3;\nMinister means the Minister for the Arts;\nrevoked regulations means the Public Corporations (Adelaide Film Festival) Regulations 2002 revoked under Schedule 1;\nsubsidiary means the Adelaide Film Festival continued in existence under Part 3.\nPart 2—Application to Minister\n4—Application of Act to Minister\nThe following provisions of the Act apply to the Minister:\n\t(a)\tPart 1 (Preliminary);\n\t(b)\tsection 24 (Formation of subsidiary by regulation);\n\t(c)\tsection 25 (Dissolution of subsidiary established by regulation);\n\t(d)\tthe Schedule (Provisions applicable to subsidiaries), other than clause 12.\nPart 3—Adelaide Film Festival\nDivision 1—Continuation and constitution of subsidiary\n5—Continuation of subsidiary (section 24)\n\t(1)\tThe Adelaide Film Festival, established as a subsidiary of the Minister under the revoked regulations, continues as a subsidiary of the Minister.\n\t(2)\tThe subsidiary—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name.\n6—Continuation of board\n\t(1)\tA board of directors continues as the governing body of the subsidiary.\n\t(2)\tAnything done by the board in the administration of the subsidiary's affairs is binding on the subsidiary.\n7—Composition of board\n\t(1)\tThe board consists of the number of directors appointed by the Minister (not being more than 8) for the time being holding office as members of the board.\n\t(2)\tThe board must, as far as practicable, be comprised of equal numbers of women and men.\n\t(3)\tOne director will be appointed by the Minister to chair meetings of the board.\n\t(4)\tThe Minister may appoint a director to be the deputy of the director appointed to chair the board and the deputy may perform or exercise the functions and powers of that director in his or her absence.\n\t(5)\tOn the office of a director becoming vacant, a person may be appointed in accordance with this regulation to the vacant office.\n\t(6)\tThe Minister may appoint a suitable person to be deputy of a member of the board during any period of absence of the member (and any reference to a director in these regulations will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board).\n8—Conditions of membership\n\t(1)\tA director will be appointed for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment (subject to the qualification that a person cannot serve as a director for more than 9 consecutive years).\n\t(2)\tThe office of a director becomes vacant if the director—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(f)\tis removed from office by the Minister by written notice.\n9—Vacancies or defects in appointment of directors\nAn act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.\n10—Remuneration\nA director is entitled to be paid from the funds of the subsidiary such remuneration, allowances and expenses as may be determined by the Minister.\n11—Proceedings\n\t(1)\tA quorum of the board consists of 1 half of the total number of members (ignoring any resulting fraction) plus 1.\n\t(2)\tThe director appointed to chair the board will preside at meetings of the board at which the director is present.\n\t(3)\tIf the director appointed to chair the board is absent from a meeting of the board—\n\t(a)\tif another director has been appointed as that director's deputy and is present at the meeting—the deputy; or\n\t(b)\tin any other case—a director chosen by the directors present at the meeting,\nwill preside.\n\t(4)\tA decision carried by a majority of the votes cast by directors at a meeting is a decision of the board.\n\t(5)\tEach director present at a meeting of the board has 1 vote on a question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote.\n\t(6)\tA telephone or video conference between directors will, for the purposes of this regulation, be taken to be a meeting of the board at which the participating directors are present if—\n\t(a)\tnotice of the conference is given to all directors in the manner determined by the board for that purpose; and\n\t(b)\teach participating director is capable of communicating with every other participating director during the conference.\n\t(7)\tA proposed resolution of the board will be taken to be a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—\n\t(a)\tnotice of the proposed resolution is given to all directors in accordance with procedures determined by the board; and\n\t(b)\ta majority of the directors express their concurrence in the proposed resolution in writing setting out the terms of the resolution.\n\t(8)\tThe board must meet at least 6 times in each year.\n\t(9)\tThe board must cause accurate minutes to be kept of its proceedings.\n\t(10)\tA person authorised in writing by the Minister may attend (but not participate in) a meeting of the board and may have access to papers provided to directors for the purpose of the meeting.\n\t(11)\tIf the board considers that a matter dealt with at a meeting attended by a representative of the Minister should be treated as confidential, the board may advise the Minister of that opinion giving the reason for the opinion and the Minister may, subject to subregulation (12), act on that advice as the Minister thinks fit.\n\t(12)\tIf the Minister is satisfied on the basis of the board's advice under subregulation (11) that the subsidiary owes a duty of confidence in respect of a matter, the Minister must ensure the observance of that duty in respect of the matter, but this subregulation does not prevent a disclosure as required in the proper performance of ministerial functions or duties.\n\t(13)\tSubject to these regulations, the board may determine its own procedures.\n12—Disclosure\n\t(1)\tIf, for the purposes of the Act or these regulations, the subsidiary discloses to the Minister a matter in respect of which the subsidiary owes a duty of confidence, the subsidiary must give notice in writing of the disclosure to the person to whom the duty is owed.\n\t(2)\tA director of the subsidiary does not commit any breach of duty by reporting a matter relating to the affairs of the subsidiary to the Minister.\nDivision 2—Functions and performance\n13—Functions of subsidiary\n\t(1)\tThe subsidiary's functions are limited to the following:\n\t(a)\tto develop, manage, market, promote and present an annual film festival that will be recognised internationally;\n\t(b)\tto establish and conduct special events programs that celebrate screen culture and encourage broad public interest and participation in the festival and the film industry more generally;\n\t(c)\tto establish and conduct a variety of public forums and events to encourage and promote dialogue with key local, national and international screen practitioners including directors, screen writers, producers, cinematographers, designers and actors;\n\t(d)\tto establish and conduct a comprehensive program of workshops involving key local, national and international screen practitioners in order to facilitate the exchange of experience, knowledge and skills and contribute to the development of screen practitioners;\n\t(e)\tto contribute to the development of the screen industry and film audiences by promoting cutting edge developments in screen culture through the festival and other initiatives;\n\t(f)\tto determine and present screen awards in conjunction with the festival;\n\t(g)\tto commission screen products for the festival with other bodies, as appropriate;\n\t(h)\tto enter into contracts or other forms of agreement connected with the development, management, marketing, promotion, presentation and delivery of the festival, including, but not limited to, contracts of employment and contracts for the lease, hire or construction of venues and other facilities for the festival;\n\t(i)\tto enter into contracts and other forms of agreement for the hire, freight, distribution and screening of screen products;\n\t(j)\tto acquire, develop, hold, enhance, deal with or dispose of intellectual property;\n\t(k)\tto make charges for admission to any forum, workshop, presentation, screening or other event;\n\t(l)\tto perform or exercise incidental functions or powers;\n\t(m)\tto carry out other functions conferred on the subsidiary by the Minister.\n\t(2)\tThe subsidiary must obtain the approval of the Minister before it makes a material change to its policy direction or budget.\n14—Charter\n\t(1)\tThe subsidiary must continue to have a charter prepared by the Minister.\n\t(2)\tThe charter must address—\n\t(a)\tthe nature and scope of the subsidiary's operations; and\n\t(b)\tthe subsidiary's obligations to report on its operations; and\n\t(c)\tthe form and contents of the subsidiary's accounts and financial statements; and\n\t(d)\tany accounting, internal auditing or financial systems or practices to be established or observed by the subsidiary; and\n\t(e)\tthe acquisition or disposal of capital or assets.\n\t(3)\tThe charter may deal with any other matter not specifically referred to in subregulation (2).\n\t(4)\tThe charter must be reviewed by the Minister at the end of each financial year.\n\t(5)\tThe Minister may amend the charter at any time.\n\t(6)\tThe charter, or an amendment to the charter, comes into force and is binding on the subsidiary on a day specified in the charter or amendment (but without affecting any contractual obligations previously incurred by the subsidiary).\n\t(7)\tOn the charter or an amendment to the charter coming into force, the Minister must, within 12 sitting days, have copies of the charter, or the charter in its amended form, laid before both Houses of Parliament.\n15—Performance statement\n\t(1)\tThe subsidiary continues to be subject to the performance statement prepared by the Minister that sets out the various performance targets that the subsidiary is to pursue in the coming financial year or other period specified in the statement and dealing with such other matters as the Minister considers appropriate.\n\t(2)\tThe Minister must, after consultation with the subsidiary, review the performance statement when reviewing the subsidiary's charter.\n\t(3)\tThe Minister may, after consultation with the subsidiary, amend the performance statement at any time.\n16—Subsidiary companies\n\t(1)\tThe subsidiary must not, without the approval of the Minister—\n\t(a)\tform a subsidiary company; or\n\t(b)\tacquire, or enter into any arrangement under which it will at a future time or would on the happening of some contingency hold, relevant interests in shares in a corporation such that the corporation becomes a subsidiary of the subsidiary.\n\t(2)\tThe Minister may, as a condition of approval under this section, or by direction, require the subsidiary to take steps to include in a subsidiary corporation's constitution such provisions as the Minister considers appropriate—\n\t(a)\timposing limitations on the nature or scope of the corporation's operations; or\n\t(b)\timposing other controls or practices,\nconsistent with those applicable to the subsidiary.\n17—Indirect or joint operations by subsidiary\nThe subsidiary must not, without the approval of the Treasurer, establish a trust scheme or a partnership or other scheme or arrangement for sharing of profits or joint venture with another person or undertake any operations or transactions pursuant to such a scheme or arrangement.\nDivision 3—Financial and related matters\n18—Internal audit\nThe subsidiary must establish and maintain effective internal auditing of its operations.\n19—Quarterly reports\nThe subsidiary must report to the Minister on the subsidiary's financial position on a quarterly basis.\n20—Loans etc require approval\n\t(1)\tThe subsidiary must not lend or advance to any person any money, securities or property without the prior written approval of the Treasurer.\n\t(2)\tThe subsidiary must not undertake commercial borrowings without the prior written approval of the Treasurer.\n21—Provision of information\n\t(1)\tThe subsidiary must, at the request in writing of the Minister, furnish the Minister with such information or records in the possession or control of the subsidiary as the Minister may require in such manner and form as the Minister may require.\n\t(2)\tIf a record in the possession or control of the subsidiary is furnished to the Minister under this regulation, the Minister may make, retain and deal with copies of the record as the Minister thinks fit.\n\t(3)\tIf the board considers that information or a record furnished under this regulation contains matters that should be treated as confidential, the board may advise the Minister of that opinion giving the reason for the opinion and the Minister may, subject to subregulation (4), act on that advice as the Minister thinks fit.\n\t(4)\tIf the Minister is satisfied on the basis of the board's advice under subregulation (3) that the subsidiary owes a duty of confidence in respect of a matter, the Minister must ensure the observance of that duty in respect of the matter, but this subregulation does not prevent a disclosure as required in the proper performance of ministerial functions or duties.\n22—Common seal and execution of documents\n\t(1)\tThe common seal of the subsidiary must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of 2 directors.\n\t(2)\tThe board may, by instrument under the common seal of the subsidiary, authorise a director, an employee of the subsidiary (whether nominated by name or by office or title) or any other person to execute documents on behalf of the subsidiary subject to limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subregulation (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the subsidiary.\n\t(4)\tA document is duly executed by the subsidiary if—\n\t(a)\tthe common seal of the subsidiary is affixed to the document in accordance with this regulation; or\n\t(b)\tthe document is signed on behalf of the subsidiary by a person or persons in accordance with authority conferred under this regulation.\n23—Annual report\n\t(1)\tThe subsidiary must, within 3 months after the end of each financial year, deliver to the Minister a report on the operations of the subsidiary during that financial year (including the audited statements of account of the subsidiary for that financial year).\n\t(2)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.\nSchedule 1—Transitional provision\n2—Transitional provision\nA member of the board holding office immediately before the commencement of this clause will continue in office after the commencement of this clause (but only for the balance of the term for which the member was appointed).\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Public Corporations (Adelaide Film Festival) Regulations 2017 revoked the following:\nPublic Corporations (Adelaide Film Festival) Regulations 2002\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n72\nGazette 30.5.2017 p1984 \n30.5.2017: r 2\n2023\n54\nGazette 1.6.2023 p1393\n1.6.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.6.2023\nr 13\n\n\nr 13(1)\namended by 54/2023 r 3\n1.6.2023\nSch 1\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n1.6.2023\n","sortOrder":0}],"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent, as the full text of the legislation was not accessible due to a broken URL following a website restructure on 24 March 2026. No comparison between original and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its actual provisions","Complexity cannot be meaningfully assessed without access to the substantive content","Regulations under the Public Corporations Act can vary widely in complexity depending on scope"],"plain_english_summary":"The Public Corporations (Adelaide Film Festival) Regulations 2017 likely set governance, powers, financial accountability, and government interaction rules for the Adelaide Film Festival as a South Australian public corporation. They would affect the festival’s board and management, relevant state arts agencies, and parties dealing formally with the Festival. The regulation text was unavailable (link error), so consult legislation.sa.gov.au for the current version."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a governance framework for the Adelaide Film Festival. The 2023 amendment (visible in legislative history) was a minor technical update to regulation 13(1) and removal of spent transitional provisions, not an expansion of purpose."},"complexity_factors":["Moderate cross-referencing to the parent Public Corporations Act 1993 (4 specific provisions listed in regulation 4)","Nested conditional logic in meeting procedures (regulation 11) with multiple scenarios for chairing, quorum calculations, and remote participation","13 specific functions listed in regulation 13(1) with an overarching requirement for ministerial approval on material changes","Dual oversight structure requiring approval from both Minister (for policy/budget) and Treasurer (for loans/joint ventures)","Confidentiality provisions with exceptions (regulations 12, 21(4)) creating conditional duties","Transitional provision ensuring continuity of existing board members"],"plain_english_summary":"This legislation sets up the rules for how the **Adelaide Film Festival** operates as a government-owned entity in South Australia.\n\n**What it does:**\n- **Continues the festival as a \"subsidiary\"** (a separate legal body owned by the Minister for the Arts) that can enter contracts, own property, and be sued in its own name\n- **Establishes a board of directors** (up to 8 people, with gender balance requirements) to govern the festival, setting rules for how they meet, vote, and get paid\n- **Defines what the festival can do**: run the annual film festival, host workshops and forums, commission films, manage intellectual property, and charge for events\n- **Puts financial controls in place**: the festival must get ministerial approval for major budget changes, loans, or creating subsidiary companies; it must submit quarterly reports and annual audited accounts to Parliament\n- **Requires transparency**: the festival must follow a \"charter\" (a governing document) and meet performance targets set by the Minister, while protecting confidential information where appropriate\n\n**Who it affects:**\n- The Adelaide Film Festival organisation and its board members\n- The Minister for the Arts (who appoints directors and oversees operations)\n- The Treasurer (who approves loans and joint ventures)\n- South Australian taxpayers (through parliamentary oversight and public reporting)\n\n**Why it matters:**\nThis ensures a major cultural institution operates with proper governance, financial accountability, and ministerial oversight—balancing artistic independence with public accountability. It replaced earlier 2002 regulations and was updated in 2023 to refine the festival's functions."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations continue the Adelaide Film Festival as a ministerial subsidiary and define its core remit to festival presentation, promotion and screen-industry development (see regs 5 and 13). They primarily set governance, reporting and financial-control mechanisms rather than expanding the subsidiary's core purpose. The legislative history records revocation of the 2002 regulations and later technical amendments, but the instrument's text preserves the subsidiary’s festival-focused scope."},"complexity_factors":["Cross-reference and application of the Public Corporations Act 1993 to the Minister (reg 4) adds layered statutory interaction.","Ministerial discretion over appointments, removals and remuneration of directors (regs 7, 8(2)(f), 10) concentrates decision power.","Detailed governance and procedural rules for the board (quorum, voting, meetings, deputies, minutes, minimum 6 meetings per year) increase operational requirements (reg 11).","Gender composition requirement (reg 7(2)) introduces an affirmative composition constraint.","Limits on functions tied to festival, promotion and industry development (reg 13) restrict scope but require compliance with specified activities.","Charter and performance statement regime, with ministerial amendment and parliamentary laying requirements, imposes oversight and reporting obligations (regs 14–15).","Financial controls requiring Treasurer approval for subsidiaries, loans, borrowings and joint ventures place high-level fiscal approvals outside the board (regs 16, 17, 20).","Regular reporting and internal audit obligations increase administrative burden (regs 18, 19, 23).","Confidentiality and disclosure rules permit ministerial access to records but require notice to affected parties and allow ministerial override for proper functions (regs 11(10–12), 12, 21).","Formalities for execution of documents and seal attestations add transactional constraints (reg 22)."],"plain_english_summary":"These regulations continue the Adelaide Film Festival as a corporate subsidiary of the Minister for the Arts and set its governance, functions and financial controls. They prescribe board composition, appointment terms and meeting rules; limit the subsidiary’s activities to festival, promotion and industry-development functions; require a ministerial charter and performance statement; and impose reporting, audit, approval and confidentiality obligations on the board, Minister and Treasurer."}},"importantCases":[],"_links":{"self":"/api/acts/public-corporations-adelaide-film-festival-regulations-2017","history":"/api/acts/public-corporations-adelaide-film-festival-regulations-2017/history","analysis":"/api/acts/public-corporations-adelaide-film-festival-regulations-2017/analysis","conflicts":"/api/acts/public-corporations-adelaide-film-festival-regulations-2017/conflicts","importantCases":"/api/acts/public-corporations-adelaide-film-festival-regulations-2017/important-cases","documents":"/api/acts/public-corporations-adelaide-film-festival-regulations-2017/documents"}}