{"id":"C2008A00012","name":"Screen Australia Act 2008","slug":"screen-australia-act-2008","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"12 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40322,"registerId":"commonwealth-C2008A00012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Screen Australia Act 2008.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

20 March 2008

2. Sections 3 to 45

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2008

(see F2008L01863)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act:\n\n> Australian program means a program:\n\n (a) that, in the opinion of Screen Australia, has, or will have, a significant Australian content; or\n (b) that has been, or is to be, made in pursuance of an agreement entered into between the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country.\n\n> Board means the Board of Screen Australia.\n\n> CEO means the Chief Executive Officer of Screen Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> member means a member of the Board and includes the Chair and Deputy Chair.\n\n> program means any of the following:\n\n (a) a screen production;\n (b) an aggregate of sounds embodied in any material;\n (c) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, distributed without first having been embodied in any material.\n\n> screen production means an aggregate of images, or of images and sounds, embodied in any material that can be viewed on a screen (including, for example, a film).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extended geographic application of this Act","content":"#### 4 Extended geographic application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Screen Australia","content":"## Part 2—Screen Australia","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment","content":"#### 5 Establishment\n\n (1) Screen Australia is established by this section.\n (2) Screen Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may acquire, hold and dispose of real and personal property; and\n (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Screen Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Screen Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Screen Australia appearing on a document; and\n (b) presume that the document was duly sealed.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions","content":"#### 6 Functions\n\n Functions\n (1) The functions of Screen Australia are to:\n (a) support and promote the development of a highly creative, innovative and commercially sustainable Australian screen production industry; and\n (b) support or engage in:\n (i) the development, production, promotion and distribution of Australian programs; and\n (ii) the provision of access to Australian programs and other programs; and\n (c) support and promote the development of screen culture in Australia; and\n (d) undertake any other function conferred on it by any other law of the Commonwealth.\n Ways in which support may be provided\n (2) The ways in which Screen Australia may provide support as mentioned in subsection (1) include (but are not limited to) doing any of the following:\n (a) providing financial assistance (whether by way of loan, grant, investment or otherwise and whether on commercial terms or otherwise);\n (b) providing guarantees;\n (c) commissioning or sponsoring programs or other activities;\n (d) providing services, facilities, programs or equipment.\n Considerations governing the performance of functions\n (3) In performing its functions Screen Australia is, as far as practicable, to:\n (a) ensure the development of a diverse range of Australian programs that deal with matters of national interest or importance to Australians, or that illustrate or interpret aspects of Australia or the life and activities of Australian people; and\n (b) place an emphasis on:\n (i) documentaries; and\n (ii) programs of interest or relevance to children; and\n (iii) programs with a high level of artistic and cultural merit; and\n (c) promote the open market as the primary means of support for projects with commercial potential; and\n (d) promote the development of commercially focused screen production businesses; and\n (e) promote the efficient, effective and ethical use of public resources.\n Screen Australia may charge fees\n (4) Screen Australia may charge fees for things done in performing its functions.\n Screen Australia may cooperate with others\n (5) Screen Australia may perform its functions alone or together with other persons.\n Severability\n (6) Without limiting its effect apart from this subsection, this Act also has the effect it would have if the powers and functions of Screen Australia were confined to powers and functions that were to be exercised and performed:\n (a) in so far as it is appropriate for those powers and functions to be exercised and performed by Screen Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise Screen Australia to exercise powers and perform functions; and\n (c) in relation to expenditure of money that is available for the purposes of Screen Australia in accordance with an appropriation made by the Parliament; and\n (d) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (e) in relation to postal, telegraphic, telephonic, and other like services; and\n (f) in relation to the collection of statistics; and\n (g) in relation to external affairs; and\n (h) in relation to a Territory; and\n (i) in relation to the executive power of the Commonwealth; and\n (j) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Powers","content":"#### 7 Powers\n\n (1) Screen Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Screen Australia’s powers include, but are not limited to, the following powers:\n (a) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n (b) to act as trustee of money, programs or other property vested in Screen Australia on trust;\n (c) to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs;\n (d) with the written approval of the Minister, but not otherwise:\n (i) to form, or participate with other persons in the formation of, a company; or\n (ii) to acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a company;\n (e) to do anything incidental to any of its functions.\n (3) Despite anything contained in this Act, any money, programs or other property held by Screen Australia on trust must be dealt with in accordance with the obligations of Screen Australia as trustee of the trust.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Board of Screen Australia","content":"An Act to establish Screen Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Screen Australia Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

20 March 2008

2. Sections 3 to 45

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2008

(see F2008L01863)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> Australian program means a program:\n\n (a) that, in the opinion of Screen Australia, has, or will have, a significant Australian content; or\n (b) that has been, or is to be, made in pursuance of an agreement entered into between the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country.\n\n> Board means the Board of Screen Australia.\n\n> CEO means the Chief Executive Officer of Screen Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> member means a member of the Board and includes the Chair and Deputy Chair.\n\n> program means any of the following:\n\n (a) a screen production;\n (b) an aggregate of sounds embodied in any material;\n (c) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, distributed without first having been embodied in any material.\n\n> screen production means an aggregate of images, or of images and sounds, embodied in any material that can be viewed on a screen (including, for example, a film).\n\n#### 4 Extended geographic application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Screen Australia\n\n#### 5 Establishment\n\n (1) Screen Australia is established by this section.\n (2) Screen Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may acquire, hold and dispose of real and personal property; and\n (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Screen Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Screen Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Screen Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n Functions\n (1) The functions of Screen Australia are to:\n (a) support and promote the development of a highly creative, innovative and commercially sustainable Australian screen production industry; and\n (b) support or engage in:\n (i) the development, production, promotion and distribution of Australian programs; and\n (ii) the provision of access to Australian programs and other programs; and\n (c) support and promote the development of screen culture in Australia; and\n (d) undertake any other function conferred on it by any other law of the Commonwealth.\n Ways in which support may be provided\n (2) The ways in which Screen Australia may provide support as mentioned in subsection (1) include (but are not limited to) doing any of the following:\n (a) providing financial assistance (whether by way of loan, grant, investment or otherwise and whether on commercial terms or otherwise);\n (b) providing guarantees;\n (c) commissioning or sponsoring programs or other activities;\n (d) providing services, facilities, programs or equipment.\n Considerations governing the performance of functions\n (3) In performing its functions Screen Australia is, as far as practicable, to:\n (a) ensure the development of a diverse range of Australian programs that deal with matters of national interest or importance to Australians, or that illustrate or interpret aspects of Australia or the life and activities of Australian people; and\n (b) place an emphasis on:\n (i) documentaries; and\n (ii) programs of interest or relevance to children; and\n (iii) programs with a high level of artistic and cultural merit; and\n (c) promote the open market as the primary means of support for projects with commercial potential; and\n (d) promote the development of commercially focused screen production businesses; and\n (e) promote the efficient, effective and ethical use of public resources.\n Screen Australia may charge fees\n (4) Screen Australia may charge fees for things done in performing its functions.\n Screen Australia may cooperate with others\n (5) Screen Australia may perform its functions alone or together with other persons.\n Severability\n (6) Without limiting its effect apart from this subsection, this Act also has the effect it would have if the powers and functions of Screen Australia were confined to powers and functions that were to be exercised and performed:\n (a) in so far as it is appropriate for those powers and functions to be exercised and performed by Screen Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise Screen Australia to exercise powers and perform functions; and\n (c) in relation to expenditure of money that is available for the purposes of Screen Australia in accordance with an appropriation made by the Parliament; and\n (d) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (e) in relation to postal, telegraphic, telephonic, and other like services; and\n (f) in relation to the collection of statistics; and\n (g) in relation to external affairs; and\n (h) in relation to a Territory; and\n (i) in relation to the executive power of the Commonwealth; and\n (j) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 7 Powers\n\n (1) Screen Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Screen Australia’s powers include, but are not limited to, the following powers:\n (a) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n (b) to act as trustee of money, programs or other property vested in Screen Australia on trust;\n (c) to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs;\n (d) with the written approval of the Minister, but not otherwise:\n (i) to form, or participate with other persons in the formation of, a company; or\n (ii) to acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a company;\n (e) to do anything incidental to any of its functions.\n (3) Despite anything contained in this Act, any money, programs or other property held by Screen Australia on trust must be dealt with in accordance with the obligations of Screen Australia as trustee of the trust.\n\n## Part 3—The Board of Screen Australia\n\n### Division 1—The Board\n\n#### 8 Establishment\n\n The Board of Screen Australia is established by this section.\n\n#### 9 Role\n\n (1) The Board is responsible for ensuring the proper and efficient performance of Screen Australia’s functions.\n (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n (3) All acts and things done in the name of, or on behalf of, Screen Australia by the Board, or with the authority of the Board, are taken to have been done by Screen Australia.\n (4) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 10 Membership\n\n The Board consists of the following members:\n (a) the Chair of the Board;\n (b) the Deputy Chair of the Board;\n (c) no less than 3 and no more than 7 other members.\n\n#### 11 Appointment of members\n\n (1) The members are to be appointed by the Minister by written instrument.\n (2) A member holds office on a part‑time basis.\n (3) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (4) A person must not be appointed for a period if the sum of:\n (a) that period; and\n (b) any periods of previous appointment of the person as a member;\n exceeds 9 years.\n (5) The performance of the functions or the exercise of the powers of the Board is not affected by reason only of the number of members falling below 5 for a period of not more than 6 months.\n\n#### 12 Acting in positions\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may appoint a member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair:\n (i) is acting as the Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member:\n (i) is acting as the Deputy Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration of members\n\n (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n (2) A member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of members\n\n (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 15 Resignation of members\n\n (1) A member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 16 Termination of appointment\n\n (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a member if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated 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#### 17 Other terms and conditions of members\n\n A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 18 Meetings\n\n (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n (2) The quorum for a meeting is a majority of the current members.\n (3) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n (5) The Chair must preside at all meetings at which he or she is present.\n (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n (9) The Board must keep a record of any decisions made at a meeting.\n (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 19 Decisions without meetings\n\n (1) The Board is taken to have made a decision at a meeting if:\n (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies if the Board:\n (a) has determined that it may make decisions of that kind without a meeting; and\n (b) has determined the method by which members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 20 Establishment\n\n There is to be a Chief Executive Officer of Screen Australia.\n\n#### 21 Role\n\n (1) The CEO is responsible for the day‑to‑day administration of Screen Australia.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n (3) Except in relation to the CEO’s powers under the Public Service Act 1999, the CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n (4) All acts and things done in the name of, or on behalf of, Screen Australia by the CEO, or with the authority of the CEO, are taken to have been done by Screen Australia.\n (5) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 22 Appointment\n\n (1) The CEO is to be appointed by the Board after consultation with the Minister.\n (2) The CEO holds office on a full‑time basis.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO must not be a member of the Board.\n\n#### 23 Acting appointments\n\n The Board may, after consultation with the Minister, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 24 Other employment\n\n (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 25 Remuneration\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.\n (2) The CEO is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 26 Leave\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 27 Disclosure of interests\n\n (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 28 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 29 Termination\n\n (1) The Board may terminate the appointment of the CEO:\n (a) for misbehaviour or physical or mental incapacity; or\n (b) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period.\n (2) The Board must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.\n (3) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 30 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff and consultants\n\n#### 31 Staff\n\n (1) The staff of Screen Australia consists of:\n (a) any persons employed under subsection (2); and\n (b) any persons engaged under the Public Service Act 1999 for the purposes of Screen Australia.\n (2) Screen Australia may employ persons on the terms and conditions that Screen Australia determines.\n (3) For the purposes of the Public Service Act 1999:\n (a) the CEO, and the staff of Screen Australia referred to in paragraph (1)(b), together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 32 Maternity leave for non‑APS employees of Screen Australia\n\n The Maternity Leave (Commonwealth Employees) Act 1973 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 33 Long service leave for non‑APS employees of Screen Australia\n\n The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 34 Consultants\n\n Screen Australia may engage consultants to assist in the performance of its functions.\n\n## Part 5—Planning\n\n#### 35 Corporate plan\n\n (1) A corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include:\n (a) details of the investment and financing programs of Screen Australia, including strategies for managing financial risk; and\n (b) details of such other matters (if any) as the Minister directs.\n (2) The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan (and any variations to the plan) under that section.\n (3) A direction under paragraph (1)(b) or an instruction given under subsection (2) is not a legislative instrument.\n\n#### 37 Approval of corporate plan by Minister\n\n (1) This section applies to a corporate plan that is given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Minister may, by written notice given to the Board:\n (a) approve the plan; or\n (b) request the Board to revise it for the reasons set out in the request.\n (3) The Board must:\n (a) comply with the Minister’s request to revise the plan; and\n (b) give the revised plan to the Minister for his or her approval.\n (4) The plan comes into force on the later of:\n (a) the day on which it is approved by the Minister; or\n (b) the first day of the period to which it relates.\n (5) A notice given under subsection (2) is not a legislative instrument.\n\n#### 38 Variation of corporate plan\n\n (1) The Board may, at any time, vary a corporate plan, whether or not it has come into force.\n (2) The Minister may, at any time, request the Board to vary a corporate plan, whether or not it has come into force. The Board must comply with the request.\n (3) A variation must be given to the Minister for his or her approval.\n (4) A variation comes into force on the day on which it is approved by the Minister.\n (5) If a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan continues in force on and after the day on which the variation is approved as so varied.\n (6) If a request under subsection (2), or an approval under subsection (4), is in writing, the request or approval is not a legislative instrument.\n\n## Part 6—Finance\n\n#### 39 Money payable to Screen Australia\n\n (1) There is payable to Screen Australia such money as is appropriated by the Parliament for the purposes of Screen Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Screen Australia.\n (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n (4) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 40 Application of money by Screen Australia\n\n (1) The money of Screen Australia is to be applied only:\n (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Screen Australia in the performance of its functions and the exercise of its powers; and\n (b) in payment of any remuneration or allowances payable under this Act.\n (2) 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 Screen Australia.\n\n#### 41 Restrictions on financial transactions\n\n (1) Screen Australia must not, without the approval of the Minister:\n (a) acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or\n (b) dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or\n (c) enter into a contract for the construction of a building for Screen Australia, being a contract under which Screen Australia is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or\n (d) enter into a lease of land for a period exceeding 10 years.\n (2) Paragraphs (1)(a) and (b) do not apply to transactions relating to the functions described in subparagraph 6(1)(b)(i).\n (3) The regulations may prescribe limits on the total amounts of money that may be spent, guaranteed or otherwise committed in a specified period by Screen Australia in performing its functions under subparagraph 6(1)(b)(i).\n (4) If an approval under subsection (1) is in writing, the approval is not a legislative instrument.\n\n#### 42 Taxation\n\n (1) Screen Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n> Note: Despite this subsection, Screen Australia may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).\n\n (2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.\n\n## Part 7—Other matters\n\n#### 43 Annual reports\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n (a) the guarantees given by Screen Australia during the period; and\n (b) the total amount the subject of the guarantees referred to in paragraph (a).\n\n#### 44 Ministerial direction\n\n (1) The Minister may, by legislative instrument, give written directions to the Board:\n (a) in relation to the performance of the functions of, and the exercise of powers of, Screen Australia; or\n (b) requiring the provision of a report or advice on a matter that relates to any of Screen Australia’s functions or powers.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction—see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.\n\n (2) The Minister must not give a direction in relation to a decision by the Board to provide support to a particular person or for a particular program.\n (3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with.\n (4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and the Finance Minister informed).\n\n#### 45 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Board","content":"An Act to establish Screen Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Screen Australia Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

20 March 2008

2. Sections 3 to 45

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2008

(see F2008L01863)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> Australian program means a program:\n\n (a) that, in the opinion of Screen Australia, has, or will have, a significant Australian content; or\n (b) that has been, or is to be, made in pursuance of an agreement entered into between the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country.\n\n> Board means the Board of Screen Australia.\n\n> CEO means the Chief Executive Officer of Screen Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> member means a member of the Board and includes the Chair and Deputy Chair.\n\n> program means any of the following:\n\n (a) a screen production;\n (b) an aggregate of sounds embodied in any material;\n (c) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, distributed without first having been embodied in any material.\n\n> screen production means an aggregate of images, or of images and sounds, embodied in any material that can be viewed on a screen (including, for example, a film).\n\n#### 4 Extended geographic application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Screen Australia\n\n#### 5 Establishment\n\n (1) Screen Australia is established by this section.\n (2) Screen Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may acquire, hold and dispose of real and personal property; and\n (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Screen Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Screen Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Screen Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n Functions\n (1) The functions of Screen Australia are to:\n (a) support and promote the development of a highly creative, innovative and commercially sustainable Australian screen production industry; and\n (b) support or engage in:\n (i) the development, production, promotion and distribution of Australian programs; and\n (ii) the provision of access to Australian programs and other programs; and\n (c) support and promote the development of screen culture in Australia; and\n (d) undertake any other function conferred on it by any other law of the Commonwealth.\n Ways in which support may be provided\n (2) The ways in which Screen Australia may provide support as mentioned in subsection (1) include (but are not limited to) doing any of the following:\n (a) providing financial assistance (whether by way of loan, grant, investment or otherwise and whether on commercial terms or otherwise);\n (b) providing guarantees;\n (c) commissioning or sponsoring programs or other activities;\n (d) providing services, facilities, programs or equipment.\n Considerations governing the performance of functions\n (3) In performing its functions Screen Australia is, as far as practicable, to:\n (a) ensure the development of a diverse range of Australian programs that deal with matters of national interest or importance to Australians, or that illustrate or interpret aspects of Australia or the life and activities of Australian people; and\n (b) place an emphasis on:\n (i) documentaries; and\n (ii) programs of interest or relevance to children; and\n (iii) programs with a high level of artistic and cultural merit; and\n (c) promote the open market as the primary means of support for projects with commercial potential; and\n (d) promote the development of commercially focused screen production businesses; and\n (e) promote the efficient, effective and ethical use of public resources.\n Screen Australia may charge fees\n (4) Screen Australia may charge fees for things done in performing its functions.\n Screen Australia may cooperate with others\n (5) Screen Australia may perform its functions alone or together with other persons.\n Severability\n (6) Without limiting its effect apart from this subsection, this Act also has the effect it would have if the powers and functions of Screen Australia were confined to powers and functions that were to be exercised and performed:\n (a) in so far as it is appropriate for those powers and functions to be exercised and performed by Screen Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise Screen Australia to exercise powers and perform functions; and\n (c) in relation to expenditure of money that is available for the purposes of Screen Australia in accordance with an appropriation made by the Parliament; and\n (d) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (e) in relation to postal, telegraphic, telephonic, and other like services; and\n (f) in relation to the collection of statistics; and\n (g) in relation to external affairs; and\n (h) in relation to a Territory; and\n (i) in relation to the executive power of the Commonwealth; and\n (j) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 7 Powers\n\n (1) Screen Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Screen Australia’s powers include, but are not limited to, the following powers:\n (a) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n (b) to act as trustee of money, programs or other property vested in Screen Australia on trust;\n (c) to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs;\n (d) with the written approval of the Minister, but not otherwise:\n (i) to form, or participate with other persons in the formation of, a company; or\n (ii) to acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a company;\n (e) to do anything incidental to any of its functions.\n (3) Despite anything contained in this Act, any money, programs or other property held by Screen Australia on trust must be dealt with in accordance with the obligations of Screen Australia as trustee of the trust.\n\n## Part 3—The Board of Screen Australia\n\n### Division 1—The Board\n\n#### 8 Establishment\n\n The Board of Screen Australia is established by this section.\n\n#### 9 Role\n\n (1) The Board is responsible for ensuring the proper and efficient performance of Screen Australia’s functions.\n (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n (3) All acts and things done in the name of, or on behalf of, Screen Australia by the Board, or with the authority of the Board, are taken to have been done by Screen Australia.\n (4) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 10 Membership\n\n The Board consists of the following members:\n (a) the Chair of the Board;\n (b) the Deputy Chair of the Board;\n (c) no less than 3 and no more than 7 other members.\n\n#### 11 Appointment of members\n\n (1) The members are to be appointed by the Minister by written instrument.\n (2) A member holds office on a part‑time basis.\n (3) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (4) A person must not be appointed for a period if the sum of:\n (a) that period; and\n (b) any periods of previous appointment of the person as a member;\n exceeds 9 years.\n (5) The performance of the functions or the exercise of the powers of the Board is not affected by reason only of the number of members falling below 5 for a period of not more than 6 months.\n\n#### 12 Acting in positions\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may appoint a member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair:\n (i) is acting as the Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member:\n (i) is acting as the Deputy Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration of members\n\n (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n (2) A member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of members\n\n (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 15 Resignation of members\n\n (1) A member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 16 Termination of appointment\n\n (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a member if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated 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#### 17 Other terms and conditions of members\n\n A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 18 Meetings\n\n (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n (2) The quorum for a meeting is a majority of the current members.\n (3) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n (5) The Chair must preside at all meetings at which he or she is present.\n (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n (9) The Board must keep a record of any decisions made at a meeting.\n (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 19 Decisions without meetings\n\n (1) The Board is taken to have made a decision at a meeting if:\n (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies if the Board:\n (a) has determined that it may make decisions of that kind without a meeting; and\n (b) has determined the method by which members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 20 Establishment\n\n There is to be a Chief Executive Officer of Screen Australia.\n\n#### 21 Role\n\n (1) The CEO is responsible for the day‑to‑day administration of Screen Australia.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n (3) Except in relation to the CEO’s powers under the Public Service Act 1999, the CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n (4) All acts and things done in the name of, or on behalf of, Screen Australia by the CEO, or with the authority of the CEO, are taken to have been done by Screen Australia.\n (5) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 22 Appointment\n\n (1) The CEO is to be appointed by the Board after consultation with the Minister.\n (2) The CEO holds office on a full‑time basis.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO must not be a member of the Board.\n\n#### 23 Acting appointments\n\n The Board may, after consultation with the Minister, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 24 Other employment\n\n (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 25 Remuneration\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.\n (2) The CEO is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 26 Leave\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 27 Disclosure of interests\n\n (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 28 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 29 Termination\n\n (1) The Board may terminate the appointment of the CEO:\n (a) for misbehaviour or physical or mental incapacity; or\n (b) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period.\n (2) The Board must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.\n (3) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 30 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff and consultants\n\n#### 31 Staff\n\n (1) The staff of Screen Australia consists of:\n (a) any persons employed under subsection (2); and\n (b) any persons engaged under the Public Service Act 1999 for the purposes of Screen Australia.\n (2) Screen Australia may employ persons on the terms and conditions that Screen Australia determines.\n (3) For the purposes of the Public Service Act 1999:\n (a) the CEO, and the staff of Screen Australia referred to in paragraph (1)(b), together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 32 Maternity leave for non‑APS employees of Screen Australia\n\n The Maternity Leave (Commonwealth Employees) Act 1973 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 33 Long service leave for non‑APS employees of Screen Australia\n\n The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 34 Consultants\n\n Screen Australia may engage consultants to assist in the performance of its functions.\n\n## Part 5—Planning\n\n#### 35 Corporate plan\n\n (1) A corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include:\n (a) details of the investment and financing programs of Screen Australia, including strategies for managing financial risk; and\n (b) details of such other matters (if any) as the Minister directs.\n (2) The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan (and any variations to the plan) under that section.\n (3) A direction under paragraph (1)(b) or an instruction given under subsection (2) is not a legislative instrument.\n\n#### 37 Approval of corporate plan by Minister\n\n (1) This section applies to a corporate plan that is given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Minister may, by written notice given to the Board:\n (a) approve the plan; or\n (b) request the Board to revise it for the reasons set out in the request.\n (3) The Board must:\n (a) comply with the Minister’s request to revise the plan; and\n (b) give the revised plan to the Minister for his or her approval.\n (4) The plan comes into force on the later of:\n (a) the day on which it is approved by the Minister; or\n (b) the first day of the period to which it relates.\n (5) A notice given under subsection (2) is not a legislative instrument.\n\n#### 38 Variation of corporate plan\n\n (1) The Board may, at any time, vary a corporate plan, whether or not it has come into force.\n (2) The Minister may, at any time, request the Board to vary a corporate plan, whether or not it has come into force. The Board must comply with the request.\n (3) A variation must be given to the Minister for his or her approval.\n (4) A variation comes into force on the day on which it is approved by the Minister.\n (5) If a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan continues in force on and after the day on which the variation is approved as so varied.\n (6) If a request under subsection (2), or an approval under subsection (4), is in writing, the request or approval is not a legislative instrument.\n\n## Part 6—Finance\n\n#### 39 Money payable to Screen Australia\n\n (1) There is payable to Screen Australia such money as is appropriated by the Parliament for the purposes of Screen Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Screen Australia.\n (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n (4) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 40 Application of money by Screen Australia\n\n (1) The money of Screen Australia is to be applied only:\n (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Screen Australia in the performance of its functions and the exercise of its powers; and\n (b) in payment of any remuneration or allowances payable under this Act.\n (2) 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 Screen Australia.\n\n#### 41 Restrictions on financial transactions\n\n (1) Screen Australia must not, without the approval of the Minister:\n (a) acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or\n (b) dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or\n (c) enter into a contract for the construction of a building for Screen Australia, being a contract under which Screen Australia is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or\n (d) enter into a lease of land for a period exceeding 10 years.\n (2) Paragraphs (1)(a) and (b) do not apply to transactions relating to the functions described in subparagraph 6(1)(b)(i).\n (3) The regulations may prescribe limits on the total amounts of money that may be spent, guaranteed or otherwise committed in a specified period by Screen Australia in performing its functions under subparagraph 6(1)(b)(i).\n (4) If an approval under subsection (1) is in writing, the approval is not a legislative instrument.\n\n#### 42 Taxation\n\n (1) Screen Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n> Note: Despite this subsection, Screen Australia may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).\n\n (2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.\n\n## Part 7—Other matters\n\n#### 43 Annual reports\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n (a) the guarantees given by Screen Australia during the period; and\n (b) the total amount the subject of the guarantees referred to in paragraph (a).\n\n#### 44 Ministerial direction\n\n (1) The Minister may, by legislative instrument, give written directions to the Board:\n (a) in relation to the performance of the functions of, and the exercise of powers of, Screen Australia; or\n (b) requiring the provision of a report or advice on a matter that relates to any of Screen Australia’s functions or powers.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction—see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.\n\n (2) The Minister must not give a direction in relation to a decision by the Board to provide support to a particular person or for a particular program.\n (3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with.\n (4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and the Finance Minister informed).\n\n#### 45 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Establishment","content":"#### 8 Establishment\n\n The Board of Screen Australia is established by this section.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Role","content":"#### 9 Role\n\n (1) The Board is responsible for ensuring the proper and efficient performance of Screen Australia’s functions.\n (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n (3) All acts and things done in the name of, or on behalf of, Screen Australia by the Board, or with the authority of the Board, are taken to have been done by Screen Australia.\n (4) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Membership","content":"#### 10 Membership\n\n The Board consists of the following members:\n (a) the Chair of the Board;\n (b) the Deputy Chair of the Board;\n (c) no less than 3 and no more than 7 other members.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Appointment of members","content":"#### 11 Appointment of members\n\n (1) The members are to be appointed by the Minister by written instrument.\n (2) A member holds office on a part‑time basis.\n (3) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (4) A person must not be appointed for a period if the sum of:\n (a) that period; and\n (b) any periods of previous appointment of the person as a member;\n exceeds 9 years.\n (5) The performance of the functions or the exercise of the powers of the Board is not affected by reason only of the number of members falling below 5 for a period of not more than 6 months.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Acting in positions","content":"#### 12 Acting in positions\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may appoint a member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair:\n (i) is acting as the Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member:\n (i) is acting as the Deputy Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Remuneration of members","content":"#### 13 Remuneration of members\n\n (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n (2) A member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Leave of members","content":"#### 14 Leave of members\n\n (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Resignation of members","content":"#### 15 Resignation of members\n\n (1) A member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Termination of appointment","content":"#### 16 Termination of appointment\n\n (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a member if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated 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":19},{"sectionNumber":"17","sectionType":"section","heading":"Other terms and conditions of members","content":"#### 17 Other terms and conditions of members\n\n A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":20},{"sectionNumber":"Division 2","sectionType":"division","heading":"Board Procedures","content":"An Act to establish Screen Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Screen Australia Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

20 March 2008

2. Sections 3 to 45

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2008

(see F2008L01863)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> Australian program means a program:\n\n (a) that, in the opinion of Screen Australia, has, or will have, a significant Australian content; or\n (b) that has been, or is to be, made in pursuance of an agreement entered into between the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country.\n\n> Board means the Board of Screen Australia.\n\n> CEO means the Chief Executive Officer of Screen Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> member means a member of the Board and includes the Chair and Deputy Chair.\n\n> program means any of the following:\n\n (a) a screen production;\n (b) an aggregate of sounds embodied in any material;\n (c) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, distributed without first having been embodied in any material.\n\n> screen production means an aggregate of images, or of images and sounds, embodied in any material that can be viewed on a screen (including, for example, a film).\n\n#### 4 Extended geographic application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Screen Australia\n\n#### 5 Establishment\n\n (1) Screen Australia is established by this section.\n (2) Screen Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may acquire, hold and dispose of real and personal property; and\n (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Screen Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Screen Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Screen Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n Functions\n (1) The functions of Screen Australia are to:\n (a) support and promote the development of a highly creative, innovative and commercially sustainable Australian screen production industry; and\n (b) support or engage in:\n (i) the development, production, promotion and distribution of Australian programs; and\n (ii) the provision of access to Australian programs and other programs; and\n (c) support and promote the development of screen culture in Australia; and\n (d) undertake any other function conferred on it by any other law of the Commonwealth.\n Ways in which support may be provided\n (2) The ways in which Screen Australia may provide support as mentioned in subsection (1) include (but are not limited to) doing any of the following:\n (a) providing financial assistance (whether by way of loan, grant, investment or otherwise and whether on commercial terms or otherwise);\n (b) providing guarantees;\n (c) commissioning or sponsoring programs or other activities;\n (d) providing services, facilities, programs or equipment.\n Considerations governing the performance of functions\n (3) In performing its functions Screen Australia is, as far as practicable, to:\n (a) ensure the development of a diverse range of Australian programs that deal with matters of national interest or importance to Australians, or that illustrate or interpret aspects of Australia or the life and activities of Australian people; and\n (b) place an emphasis on:\n (i) documentaries; and\n (ii) programs of interest or relevance to children; and\n (iii) programs with a high level of artistic and cultural merit; and\n (c) promote the open market as the primary means of support for projects with commercial potential; and\n (d) promote the development of commercially focused screen production businesses; and\n (e) promote the efficient, effective and ethical use of public resources.\n Screen Australia may charge fees\n (4) Screen Australia may charge fees for things done in performing its functions.\n Screen Australia may cooperate with others\n (5) Screen Australia may perform its functions alone or together with other persons.\n Severability\n (6) Without limiting its effect apart from this subsection, this Act also has the effect it would have if the powers and functions of Screen Australia were confined to powers and functions that were to be exercised and performed:\n (a) in so far as it is appropriate for those powers and functions to be exercised and performed by Screen Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise Screen Australia to exercise powers and perform functions; and\n (c) in relation to expenditure of money that is available for the purposes of Screen Australia in accordance with an appropriation made by the Parliament; and\n (d) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (e) in relation to postal, telegraphic, telephonic, and other like services; and\n (f) in relation to the collection of statistics; and\n (g) in relation to external affairs; and\n (h) in relation to a Territory; and\n (i) in relation to the executive power of the Commonwealth; and\n (j) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 7 Powers\n\n (1) Screen Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Screen Australia’s powers include, but are not limited to, the following powers:\n (a) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n (b) to act as trustee of money, programs or other property vested in Screen Australia on trust;\n (c) to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs;\n (d) with the written approval of the Minister, but not otherwise:\n (i) to form, or participate with other persons in the formation of, a company; or\n (ii) to acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a company;\n (e) to do anything incidental to any of its functions.\n (3) Despite anything contained in this Act, any money, programs or other property held by Screen Australia on trust must be dealt with in accordance with the obligations of Screen Australia as trustee of the trust.\n\n## Part 3—The Board of Screen Australia\n\n### Division 1—The Board\n\n#### 8 Establishment\n\n The Board of Screen Australia is established by this section.\n\n#### 9 Role\n\n (1) The Board is responsible for ensuring the proper and efficient performance of Screen Australia’s functions.\n (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n (3) All acts and things done in the name of, or on behalf of, Screen Australia by the Board, or with the authority of the Board, are taken to have been done by Screen Australia.\n (4) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 10 Membership\n\n The Board consists of the following members:\n (a) the Chair of the Board;\n (b) the Deputy Chair of the Board;\n (c) no less than 3 and no more than 7 other members.\n\n#### 11 Appointment of members\n\n (1) The members are to be appointed by the Minister by written instrument.\n (2) A member holds office on a part‑time basis.\n (3) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (4) A person must not be appointed for a period if the sum of:\n (a) that period; and\n (b) any periods of previous appointment of the person as a member;\n exceeds 9 years.\n (5) The performance of the functions or the exercise of the powers of the Board is not affected by reason only of the number of members falling below 5 for a period of not more than 6 months.\n\n#### 12 Acting in positions\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may appoint a member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair:\n (i) is acting as the Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member:\n (i) is acting as the Deputy Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration of members\n\n (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n (2) A member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of members\n\n (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 15 Resignation of members\n\n (1) A member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 16 Termination of appointment\n\n (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a member if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated 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#### 17 Other terms and conditions of members\n\n A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 18 Meetings\n\n (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n (2) The quorum for a meeting is a majority of the current members.\n (3) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n (5) The Chair must preside at all meetings at which he or she is present.\n (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n (9) The Board must keep a record of any decisions made at a meeting.\n (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 19 Decisions without meetings\n\n (1) The Board is taken to have made a decision at a meeting if:\n (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies if the Board:\n (a) has determined that it may make decisions of that kind without a meeting; and\n (b) has determined the method by which members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 20 Establishment\n\n There is to be a Chief Executive Officer of Screen Australia.\n\n#### 21 Role\n\n (1) The CEO is responsible for the day‑to‑day administration of Screen Australia.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n (3) Except in relation to the CEO’s powers under the Public Service Act 1999, the CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n (4) All acts and things done in the name of, or on behalf of, Screen Australia by the CEO, or with the authority of the CEO, are taken to have been done by Screen Australia.\n (5) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 22 Appointment\n\n (1) The CEO is to be appointed by the Board after consultation with the Minister.\n (2) The CEO holds office on a full‑time basis.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO must not be a member of the Board.\n\n#### 23 Acting appointments\n\n The Board may, after consultation with the Minister, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 24 Other employment\n\n (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 25 Remuneration\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.\n (2) The CEO is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 26 Leave\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 27 Disclosure of interests\n\n (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 28 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 29 Termination\n\n (1) The Board may terminate the appointment of the CEO:\n (a) for misbehaviour or physical or mental incapacity; or\n (b) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period.\n (2) The Board must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.\n (3) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 30 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff and consultants\n\n#### 31 Staff\n\n (1) The staff of Screen Australia consists of:\n (a) any persons employed under subsection (2); and\n (b) any persons engaged under the Public Service Act 1999 for the purposes of Screen Australia.\n (2) Screen Australia may employ persons on the terms and conditions that Screen Australia determines.\n (3) For the purposes of the Public Service Act 1999:\n (a) the CEO, and the staff of Screen Australia referred to in paragraph (1)(b), together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 32 Maternity leave for non‑APS employees of Screen Australia\n\n The Maternity Leave (Commonwealth Employees) Act 1973 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 33 Long service leave for non‑APS employees of Screen Australia\n\n The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 34 Consultants\n\n Screen Australia may engage consultants to assist in the performance of its functions.\n\n## Part 5—Planning\n\n#### 35 Corporate plan\n\n (1) A corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include:\n (a) details of the investment and financing programs of Screen Australia, including strategies for managing financial risk; and\n (b) details of such other matters (if any) as the Minister directs.\n (2) The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan (and any variations to the plan) under that section.\n (3) A direction under paragraph (1)(b) or an instruction given under subsection (2) is not a legislative instrument.\n\n#### 37 Approval of corporate plan by Minister\n\n (1) This section applies to a corporate plan that is given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Minister may, by written notice given to the Board:\n (a) approve the plan; or\n (b) request the Board to revise it for the reasons set out in the request.\n (3) The Board must:\n (a) comply with the Minister’s request to revise the plan; and\n (b) give the revised plan to the Minister for his or her approval.\n (4) The plan comes into force on the later of:\n (a) the day on which it is approved by the Minister; or\n (b) the first day of the period to which it relates.\n (5) A notice given under subsection (2) is not a legislative instrument.\n\n#### 38 Variation of corporate plan\n\n (1) The Board may, at any time, vary a corporate plan, whether or not it has come into force.\n (2) The Minister may, at any time, request the Board to vary a corporate plan, whether or not it has come into force. The Board must comply with the request.\n (3) A variation must be given to the Minister for his or her approval.\n (4) A variation comes into force on the day on which it is approved by the Minister.\n (5) If a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan continues in force on and after the day on which the variation is approved as so varied.\n (6) If a request under subsection (2), or an approval under subsection (4), is in writing, the request or approval is not a legislative instrument.\n\n## Part 6—Finance\n\n#### 39 Money payable to Screen Australia\n\n (1) There is payable to Screen Australia such money as is appropriated by the Parliament for the purposes of Screen Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Screen Australia.\n (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n (4) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 40 Application of money by Screen Australia\n\n (1) The money of Screen Australia is to be applied only:\n (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Screen Australia in the performance of its functions and the exercise of its powers; and\n (b) in payment of any remuneration or allowances payable under this Act.\n (2) 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 Screen Australia.\n\n#### 41 Restrictions on financial transactions\n\n (1) Screen Australia must not, without the approval of the Minister:\n (a) acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or\n (b) dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or\n (c) enter into a contract for the construction of a building for Screen Australia, being a contract under which Screen Australia is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or\n (d) enter into a lease of land for a period exceeding 10 years.\n (2) Paragraphs (1)(a) and (b) do not apply to transactions relating to the functions described in subparagraph 6(1)(b)(i).\n (3) The regulations may prescribe limits on the total amounts of money that may be spent, guaranteed or otherwise committed in a specified period by Screen Australia in performing its functions under subparagraph 6(1)(b)(i).\n (4) If an approval under subsection (1) is in writing, the approval is not a legislative instrument.\n\n#### 42 Taxation\n\n (1) Screen Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n> Note: Despite this subsection, Screen Australia may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).\n\n (2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.\n\n## Part 7—Other matters\n\n#### 43 Annual reports\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n (a) the guarantees given by Screen Australia during the period; and\n (b) the total amount the subject of the guarantees referred to in paragraph (a).\n\n#### 44 Ministerial direction\n\n (1) The Minister may, by legislative instrument, give written directions to the Board:\n (a) in relation to the performance of the functions of, and the exercise of powers of, Screen Australia; or\n (b) requiring the provision of a report or advice on a matter that relates to any of Screen Australia’s functions or powers.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction—see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.\n\n (2) The Minister must not give a direction in relation to a decision by the Board to provide support to a particular person or for a particular program.\n (3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with.\n (4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and the Finance Minister informed).\n\n#### 45 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Meetings","content":"#### 18 Meetings\n\n (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n (2) The quorum for a meeting is a majority of the current members.\n (3) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n (5) The Chair must preside at all meetings at which he or she is present.\n (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n (9) The Board must keep a record of any decisions made at a meeting.\n (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Decisions without meetings","content":"#### 19 Decisions without meetings\n\n (1) The Board is taken to have made a decision at a meeting if:\n (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies if the Board:\n (a) has determined that it may make decisions of that kind without a meeting; and\n (b) has determined the method by which members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n (4) The Board must keep a record of decisions made in accordance with this section.","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"Chief Executive Officer, staff and consultants","content":"An Act to establish Screen Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Screen Australia Act 2008.\n\n#### 2 Commencement\n\n (1) Each provision of this Act 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

20 March 2008

2. Sections 3 to 45

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2008

(see F2008L01863)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act:\n\n> Australian program means a program:\n\n (a) that, in the opinion of Screen Australia, has, or will have, a significant Australian content; or\n (b) that has been, or is to be, made in pursuance of an agreement entered into between the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country.\n\n> Board means the Board of Screen Australia.\n\n> CEO means the Chief Executive Officer of Screen Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> member means a member of the Board and includes the Chair and Deputy Chair.\n\n> program means any of the following:\n\n (a) a screen production;\n (b) an aggregate of sounds embodied in any material;\n (c) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, distributed without first having been embodied in any material.\n\n> screen production means an aggregate of images, or of images and sounds, embodied in any material that can be viewed on a screen (including, for example, a film).\n\n#### 4 Extended geographic application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Screen Australia\n\n#### 5 Establishment\n\n (1) Screen Australia is established by this section.\n (2) Screen Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may acquire, hold and dispose of real and personal property; and\n (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Screen Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Screen Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Screen Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Functions\n\n Functions\n (1) The functions of Screen Australia are to:\n (a) support and promote the development of a highly creative, innovative and commercially sustainable Australian screen production industry; and\n (b) support or engage in:\n (i) the development, production, promotion and distribution of Australian programs; and\n (ii) the provision of access to Australian programs and other programs; and\n (c) support and promote the development of screen culture in Australia; and\n (d) undertake any other function conferred on it by any other law of the Commonwealth.\n Ways in which support may be provided\n (2) The ways in which Screen Australia may provide support as mentioned in subsection (1) include (but are not limited to) doing any of the following:\n (a) providing financial assistance (whether by way of loan, grant, investment or otherwise and whether on commercial terms or otherwise);\n (b) providing guarantees;\n (c) commissioning or sponsoring programs or other activities;\n (d) providing services, facilities, programs or equipment.\n Considerations governing the performance of functions\n (3) In performing its functions Screen Australia is, as far as practicable, to:\n (a) ensure the development of a diverse range of Australian programs that deal with matters of national interest or importance to Australians, or that illustrate or interpret aspects of Australia or the life and activities of Australian people; and\n (b) place an emphasis on:\n (i) documentaries; and\n (ii) programs of interest or relevance to children; and\n (iii) programs with a high level of artistic and cultural merit; and\n (c) promote the open market as the primary means of support for projects with commercial potential; and\n (d) promote the development of commercially focused screen production businesses; and\n (e) promote the efficient, effective and ethical use of public resources.\n Screen Australia may charge fees\n (4) Screen Australia may charge fees for things done in performing its functions.\n Screen Australia may cooperate with others\n (5) Screen Australia may perform its functions alone or together with other persons.\n Severability\n (6) Without limiting its effect apart from this subsection, this Act also has the effect it would have if the powers and functions of Screen Australia were confined to powers and functions that were to be exercised and performed:\n (a) in so far as it is appropriate for those powers and functions to be exercised and performed by Screen Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (b) for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise Screen Australia to exercise powers and perform functions; and\n (c) in relation to expenditure of money that is available for the purposes of Screen Australia in accordance with an appropriation made by the Parliament; and\n (d) in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (e) in relation to postal, telegraphic, telephonic, and other like services; and\n (f) in relation to the collection of statistics; and\n (g) in relation to external affairs; and\n (h) in relation to a Territory; and\n (i) in relation to the executive power of the Commonwealth; and\n (j) in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n\n#### 7 Powers\n\n (1) Screen Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Screen Australia’s powers include, but are not limited to, the following powers:\n (a) to accept gifts, devises, bequests and assignments (whether on trust or otherwise);\n (b) to act as trustee of money, programs or other property vested in Screen Australia on trust;\n (c) to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs;\n (d) with the written approval of the Minister, but not otherwise:\n (i) to form, or participate with other persons in the formation of, a company; or\n (ii) to acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a company;\n (e) to do anything incidental to any of its functions.\n (3) Despite anything contained in this Act, any money, programs or other property held by Screen Australia on trust must be dealt with in accordance with the obligations of Screen Australia as trustee of the trust.\n\n## Part 3—The Board of Screen Australia\n\n### Division 1—The Board\n\n#### 8 Establishment\n\n The Board of Screen Australia is established by this section.\n\n#### 9 Role\n\n (1) The Board is responsible for ensuring the proper and efficient performance of Screen Australia’s functions.\n (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.\n (3) All acts and things done in the name of, or on behalf of, Screen Australia by the Board, or with the authority of the Board, are taken to have been done by Screen Australia.\n (4) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.\n\n#### 10 Membership\n\n The Board consists of the following members:\n (a) the Chair of the Board;\n (b) the Deputy Chair of the Board;\n (c) no less than 3 and no more than 7 other members.\n\n#### 11 Appointment of members\n\n (1) The members are to be appointed by the Minister by written instrument.\n (2) A member holds office on a part‑time basis.\n (3) A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (4) A person must not be appointed for a period if the sum of:\n (a) that period; and\n (b) any periods of previous appointment of the person as a member;\n exceeds 9 years.\n (5) The performance of the functions or the exercise of the powers of the Board is not affected by reason only of the number of members falling below 5 for a period of not more than 6 months.\n\n#### 12 Acting in positions\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (4) The Minister may appoint a member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair:\n (i) is acting as the Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (5) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member:\n (i) is acting as the Deputy Chair; or\n (ii) is absent from duty or from Australia; or\n (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration of members\n\n (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.\n (2) A member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of members\n\n (1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to a member leave of absence for a period that exceeds 6 months.\n\n#### 15 Resignation of members\n\n (1) A member may resign his or her appointment by giving the Minister a written resignation.\n (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 16 Termination of appointment\n\n (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n (2) The Minister must terminate the appointment of a member if:\n (a) the member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of a member may also be terminated 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#### 17 Other terms and conditions of members\n\n A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 2—Board Procedures\n\n#### 18 Meetings\n\n (1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.\n (2) The quorum for a meeting is a majority of the current members.\n (3) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.\n (4) A question arising at a meeting of the Board is to be decided by a majority of the votes of the members present and voting.\n (5) The Chair must preside at all meetings at which he or she is present.\n (6) If the Chair is not present at a meeting the Deputy Chair, if present, must preside at the meeting.\n (7) If neither the Chair nor the Deputy Chair is present at a meeting the members present must elect one of their number to preside at the meeting.\n (8) At a meeting, the presiding member has a deliberative vote and, in the event of an equality of votes, has a casting vote.\n (9) The Board must keep a record of any decisions made at a meeting.\n (10) Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.\n\n#### 19 Decisions without meetings\n\n (1) The Board is taken to have made a decision at a meeting if:\n (a) without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n (2) Subsection (1) applies if the Board:\n (a) has determined that it may make decisions of that kind without a meeting; and\n (b) has determined the method by which members are to indicate agreement with proposed decisions.\n (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n (4) The Board must keep a record of decisions made in accordance with this section.\n\n## Part 4—Chief Executive Officer, staff and consultants\n\n### Division 1—Chief Executive Officer\n\n#### 20 Establishment\n\n There is to be a Chief Executive Officer of Screen Australia.\n\n#### 21 Role\n\n (1) The CEO is responsible for the day‑to‑day administration of Screen Australia.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n (3) Except in relation to the CEO’s powers under the Public Service Act 1999, the CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n (4) All acts and things done in the name of, or on behalf of, Screen Australia by the CEO, or with the authority of the CEO, are taken to have been done by Screen Australia.\n (5) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.\n\n#### 22 Appointment\n\n (1) The CEO is to be appointed by the Board after consultation with the Minister.\n (2) The CEO holds office on a full‑time basis.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO must not be a member of the Board.\n\n#### 23 Acting appointments\n\n The Board may, after consultation with the Minister, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 24 Other employment\n\n (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n (2) The Chair must notify the Minister of any approval given under subsection (1).\n\n#### 25 Remuneration\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.\n (2) The CEO is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 26 Leave\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.\n\n#### 27 Disclosure of interests\n\n (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.\n\n#### 28 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.\n\n#### 29 Termination\n\n (1) The Board may terminate the appointment of the CEO:\n (a) for misbehaviour or physical or mental incapacity; or\n (b) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period.\n (2) The Board must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.\n (3) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.\n\n#### 30 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n### Division 2—Staff and consultants\n\n#### 31 Staff\n\n (1) The staff of Screen Australia consists of:\n (a) any persons employed under subsection (2); and\n (b) any persons engaged under the Public Service Act 1999 for the purposes of Screen Australia.\n (2) Screen Australia may employ persons on the terms and conditions that Screen Australia determines.\n (3) For the purposes of the Public Service Act 1999:\n (a) the CEO, and the staff of Screen Australia referred to in paragraph (1)(b), together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.\n\n#### 32 Maternity leave for non‑APS employees of Screen Australia\n\n The Maternity Leave (Commonwealth Employees) Act 1973 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 33 Long service leave for non‑APS employees of Screen Australia\n\n The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.\n\n#### 34 Consultants\n\n Screen Australia may engage consultants to assist in the performance of its functions.\n\n## Part 5—Planning\n\n#### 35 Corporate plan\n\n (1) A corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include:\n (a) details of the investment and financing programs of Screen Australia, including strategies for managing financial risk; and\n (b) details of such other matters (if any) as the Minister directs.\n (2) The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan (and any variations to the plan) under that section.\n (3) A direction under paragraph (1)(b) or an instruction given under subsection (2) is not a legislative instrument.\n\n#### 37 Approval of corporate plan by Minister\n\n (1) This section applies to a corporate plan that is given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Minister may, by written notice given to the Board:\n (a) approve the plan; or\n (b) request the Board to revise it for the reasons set out in the request.\n (3) The Board must:\n (a) comply with the Minister’s request to revise the plan; and\n (b) give the revised plan to the Minister for his or her approval.\n (4) The plan comes into force on the later of:\n (a) the day on which it is approved by the Minister; or\n (b) the first day of the period to which it relates.\n (5) A notice given under subsection (2) is not a legislative instrument.\n\n#### 38 Variation of corporate plan\n\n (1) The Board may, at any time, vary a corporate plan, whether or not it has come into force.\n (2) The Minister may, at any time, request the Board to vary a corporate plan, whether or not it has come into force. The Board must comply with the request.\n (3) A variation must be given to the Minister for his or her approval.\n (4) A variation comes into force on the day on which it is approved by the Minister.\n (5) If a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan continues in force on and after the day on which the variation is approved as so varied.\n (6) If a request under subsection (2), or an approval under subsection (4), is in writing, the request or approval is not a legislative instrument.\n\n## Part 6—Finance\n\n#### 39 Money payable to Screen Australia\n\n (1) There is payable to Screen Australia such money as is appropriated by the Parliament for the purposes of Screen Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Screen Australia.\n (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n (4) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 40 Application of money by Screen Australia\n\n (1) The money of Screen Australia is to be applied only:\n (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Screen Australia in the performance of its functions and the exercise of its powers; and\n (b) in payment of any remuneration or allowances payable under this Act.\n (2) 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 Screen Australia.\n\n#### 41 Restrictions on financial transactions\n\n (1) Screen Australia must not, without the approval of the Minister:\n (a) acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or\n (b) dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or\n (c) enter into a contract for the construction of a building for Screen Australia, being a contract under which Screen Australia is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or\n (d) enter into a lease of land for a period exceeding 10 years.\n (2) Paragraphs (1)(a) and (b) do not apply to transactions relating to the functions described in subparagraph 6(1)(b)(i).\n (3) The regulations may prescribe limits on the total amounts of money that may be spent, guaranteed or otherwise committed in a specified period by Screen Australia in performing its functions under subparagraph 6(1)(b)(i).\n (4) If an approval under subsection (1) is in writing, the approval is not a legislative instrument.\n\n#### 42 Taxation\n\n (1) Screen Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n> Note: Despite this subsection, Screen Australia may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).\n\n (2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.\n\n## Part 7—Other matters\n\n#### 43 Annual reports\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n (a) the guarantees given by Screen Australia during the period; and\n (b) the total amount the subject of the guarantees referred to in paragraph (a).\n\n#### 44 Ministerial direction\n\n (1) The Minister may, by legislative instrument, give written directions to the Board:\n (a) in relation to the performance of the functions of, and the exercise of powers of, Screen Australia; or\n (b) requiring the provision of a report or advice on a matter that relates to any of Screen Australia’s functions or powers.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction—see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.\n\n (2) The Minister must not give a direction in relation to a decision by the Board to provide support to a particular person or for a particular program.\n (3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with.\n (4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and the Finance Minister informed).\n\n#### 45 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Establishment","content":"#### 20 Establishment\n\n There is to be a Chief Executive Officer of Screen Australia.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Role","content":"#### 21 Role\n\n (1) The CEO is responsible for the day‑to‑day administration of Screen Australia.\n (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.\n (3) Except in relation to the CEO’s powers under the Public Service Act 1999, the CEO is to act in accordance with any policies determined, and any directions given, by the Board.\n (4) All acts and things done in the name of, or on behalf of, Screen Australia by the CEO, or with the authority of the CEO, are taken to have been done by Screen Australia.\n (5) If a function or power of Screen Australia is dependent on the opinion, belief or state of mind of Screen Australia in relation to a matter, the function or power may be exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.\n (6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Appointment","content":"#### 22 Appointment\n\n (1) The CEO is to be appointed by the Board after consultation with the Minister.\n (2) The CEO holds office on a full‑time basis.\n (3) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n (4) The CEO must not be a member of the Board.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Acting appointments","content":"#### 23 Acting appointments\n\n The Board may, after consultation with the Minister, appoint a person to act as the CEO:\n (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the CEO:\n (i) is absent from duty or from Australia; or\n (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Other employment","content":"#### 24 Other employment\n\n (1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.\n (2) The Chair must notify the Minister of any approval given under subsection (1).","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Remuneration","content":"#### 25 Remuneration\n\n (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.\n (2) The CEO is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Leave","content":"#### 26 Leave\n\n (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n (2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.\n (3) The Chair must notify the Minister if the Chair grants to the CEO leave for a period that exceeds one month.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Disclosure of interests","content":"#### 27 Disclosure of interests\n\n (1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.\n (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Resignation","content":"#### 28 Resignation\n\n (1) The CEO may resign his or her appointment by giving the Chair a written resignation.\n (2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.\n (3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Termination","content":"#### 29 Termination\n\n (1) The Board may terminate the appointment of the CEO:\n (a) for misbehaviour or physical or mental incapacity; or\n (b) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period.\n (2) The Board must terminate the appointment of the CEO if:\n (a) the CEO:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n (c) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or\n (d) the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.\n (3) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Other terms and conditions","content":"#### 30 Other terms and conditions\n\n The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Staff","content":"#### 31 Staff\n\n (1) The staff of Screen Australia consists of:\n (a) any persons employed under subsection (2); and\n (b) any persons engaged under the Public Service Act 1999 for the purposes of Screen Australia.\n (2) Screen Australia may employ persons on the terms and conditions that Screen Australia determines.\n (3) For the purposes of the Public Service Act 1999:\n (a) the CEO, and the staff of Screen Australia referred to in paragraph (1)(b), together constitute a Statutory Agency; and\n (b) the CEO is the Head of that Statutory Agency.","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Maternity leave for non‑APS employees of Screen Australia","content":"#### 32 Maternity leave for non‑APS employees of Screen Australia\n\n The Maternity Leave (Commonwealth Employees) Act 1973 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Long service leave for non‑APS employees of Screen Australia","content":"#### 33 Long service leave for non‑APS employees of Screen Australia\n\n The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by Screen Australia under subsection 31(2) of this Act as if the person were engaged under the Public Service Act 1999.","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Consultants","content":"#### 34 Consultants\n\n Screen Australia may engage consultants to assist in the performance of its functions.","sortOrder":41},{"sectionNumber":"Part 5","sectionType":"part","heading":"Planning","content":"## Part 5—Planning","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Corporate plan","content":"#### 35 Corporate plan\n\n (1) A corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include:\n (a) details of the investment and financing programs of Screen Australia, including strategies for managing financial risk; and\n (b) details of such other matters (if any) as the Minister directs.\n (2) The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan (and any variations to the plan) under that section.\n (3) A direction under paragraph (1)(b) or an instruction given under subsection (2) is not a legislative instrument.","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Approval of corporate plan by Minister","content":"#### 37 Approval of corporate plan by Minister\n\n (1) This section applies to a corporate plan that is given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013.\n (2) The Minister may, by written notice given to the Board:\n (a) approve the plan; or\n (b) request the Board to revise it for the reasons set out in the request.\n (3) The Board must:\n (a) comply with the Minister’s request to revise the plan; and\n (b) give the revised plan to the Minister for his or her approval.\n (4) The plan comes into force on the later of:\n (a) the day on which it is approved by the Minister; or\n (b) the first day of the period to which it relates.\n (5) A notice given under subsection (2) is not a legislative instrument.","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Variation of corporate plan","content":"#### 38 Variation of corporate plan\n\n (1) The Board may, at any time, vary a corporate plan, whether or not it has come into force.\n (2) The Minister may, at any time, request the Board to vary a corporate plan, whether or not it has come into force. The Board must comply with the request.\n (3) A variation must be given to the Minister for his or her approval.\n (4) A variation comes into force on the day on which it is approved by the Minister.\n (5) If a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan continues in force on and after the day on which the variation is approved as so varied.\n (6) If a request under subsection (2), or an approval under subsection (4), is in writing, the request or approval is not a legislative instrument.","sortOrder":45},{"sectionNumber":"Part 6","sectionType":"part","heading":"Finance","content":"## Part 6—Finance","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Money payable to Screen Australia","content":"#### 39 Money payable to Screen Australia\n\n (1) There is payable to Screen Australia such money as is appropriated by the Parliament for the purposes of Screen Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Screen Australia.\n (3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.\n (4) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"Application of money by Screen Australia","content":"#### 40 Application of money by Screen Australia\n\n (1) The money of Screen Australia is to be applied only:\n (a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Screen Australia in the performance of its functions and the exercise of its powers; and\n (b) in payment of any remuneration or allowances payable under this Act.\n (2) 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 Screen Australia.","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Restrictions on financial transactions","content":"#### 41 Restrictions on financial transactions\n\n (1) Screen Australia must not, without the approval of the Minister:\n (a) acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or\n (b) dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or\n (c) enter into a contract for the construction of a building for Screen Australia, being a contract under which Screen Australia is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or\n (d) enter into a lease of land for a period exceeding 10 years.\n (2) Paragraphs (1)(a) and (b) do not apply to transactions relating to the functions described in subparagraph 6(1)(b)(i).\n (3) The regulations may prescribe limits on the total amounts of money that may be spent, guaranteed or otherwise committed in a specified period by Screen Australia in performing its functions under subparagraph 6(1)(b)(i).\n (4) If an approval under subsection (1) is in writing, the approval is not a legislative instrument.","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Taxation","content":"#### 42 Taxation\n\n (1) Screen Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n> Note: Despite this subsection, Screen Australia may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).\n\n (2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.","sortOrder":50},{"sectionNumber":"Part 7","sectionType":"part","heading":"Other matters","content":"## Part 7—Other matters","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Annual reports","content":"#### 43 Annual reports\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n (a) the guarantees given by Screen Australia during the period; and\n (b) the total amount the subject of the guarantees referred to in paragraph (a).","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Ministerial direction","content":"#### 44 Ministerial direction\n\n (1) The Minister may, by legislative instrument, give written directions to the Board:\n (a) in relation to the performance of the functions of, and the exercise of powers of, Screen Australia; or\n (b) requiring the provision of a report or advice on a matter that relates to any of Screen Australia’s functions or powers.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction—see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act.\n\n (2) The Minister must not give a direction in relation to a decision by the Board to provide support to a particular person or for a particular program.\n (3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with.\n (4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and the Finance Minister informed).","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Regulations","content":"#### 45 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":54}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":496},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing Screen Australia as the national screen funding and development agency. The scope has not expanded beyond supporting Australian screen production industry, screen culture, and related functions."},"complexity_factors":["Standard Commonwealth entity governance structure with familiar Board/CEO split","Multiple cross-references to the Public Governance, Performance and Accountability Act 2013 for financial and reporting obligations","Several defined terms but all straightforward (e.g., 'Australian program', 'screen production')","Conditional logic limited to appointment terms, leave conditions, and financial thresholds requiring Ministerial approval","Severability clause (s.6(6)) with 10 alternative constitutional bases — unusually comprehensive but not operationally complex","No nested exceptions or highly technical procedural requirements"],"plain_english_summary":"This Act creates **Screen Australia**, a government body that supports and promotes Australia's film, television, and digital screen industries.\n\n**What Screen Australia does:**\n- Funds Australian film and TV productions through grants, loans, investments, and guarantees\n- Promotes Australian screen content domestically and internationally\n- Supports documentaries, children's programs, and culturally significant works\n- Develops \"screen culture\" — essentially, Australia's identity and stories on screen\n\n**How it's structured:**\n- **Board of Directors**: 5–9 part-time members appointed by the Minister, including a Chair and Deputy Chair. They set strategy and oversee the organisation.\n- **Chief Executive Officer**: Full-time executive appointed by the Board (with Ministerial consultation) who runs day-to-day operations.\n- **Staff**: Mix of direct employees and Australian Public Service staff.\n\n**Key features:**\n- Screen Australia is a \"corporate Commonwealth entity\" — it can own property, enter contracts, and be sued, but operates under government oversight\n- The Minister can give broad policy directions but **cannot** interfere in specific funding decisions for individual projects\n- Financial limits apply — large property deals and building contracts need Ministerial approval\n- Generally tax-exempt, though some taxes like GST and fringe benefits tax still apply\n- Must prepare corporate plans and annual reports, with Ministerial oversight\n\n**Who it affects:**\n- Australian filmmakers, producers, and screen industry workers seeking government funding\n- The broader Australian public through investment in local content and cultural storytelling"},"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":5,"scope_assessment":{"changed":false,"description":"The Act does what its title promises: it establishes Screen Australia and sets out its functions, governance, and powers. The scope is consistent with its stated purpose of creating and regulating a national screen industry funding body. The broad definition of 'program' (covering digital distribution without physical media) shows some future-proofing, but this falls within the expected scope of a screen industry agency established in 2008."},"complexity_factors":["Multiple interacting pieces of legislation referenced (Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901, Legislation Act 2003)","Layered governance structure with Board, CEO, and Minister each having distinct and sometimes overlapping powers","Constitutional severability clause (s.6(6)) listing multiple heads of Commonwealth legislative power — unusual and technically complex","Distinction between legislative instruments and non-legislative instruments repeated throughout, with legal consequences for each","Broad and somewhat subjective definitions (e.g., 'significant Australian content' determined by Screen Australia's own opinion)","Financial transaction restrictions with dollar thresholds set by regulation rather than in the Act itself, requiring readers to consult separate regulations","The source document contains significant repetition of content (the full Act appears to be reproduced multiple times), which adds navigational complexity without adding substance"],"plain_english_summary":"## What is this law about?\n\nThe **Screen Australia Act 2008** creates a federal government agency called **Screen Australia** — the body responsible for funding and supporting the Australian film, television, and screen production industry.\n\n## Who does it affect?\n\n- **Australian filmmakers, producers, and content creators** who apply to Screen Australia for grants, loans, or other support\n- **The screen industry broadly** — including those making documentaries, children's programs, and culturally significant content\n- **Taxpayers**, whose money funds Screen Australia's activities\n- **Screen Australia's own staff and board members**, whose roles and conditions are set out in detail\n\n## What does it actually do?\n\n### Setting up Screen Australia\nThe Act formally creates Screen Australia as a **government-owned corporate body** (meaning it can own property, enter contracts, and be sued, like a company). It has a **Board** that governs it and a **CEO** who runs day-to-day operations.\n\n### What Screen Australia can do\nScreen Australia can:\n- Give **grants, loans, or make investments** in Australian screen productions\n- **Commission or sponsor** programs and activities\n- Provide **equipment, services, or facilities** to the industry\n- **Charge fees** for its services\n- Accept **gifts and donations**\n- Form companies or buy shares — but only with the **Minister's written approval**\n\n### What it must prioritise\nScreen Australia must focus on:\n- **Documentaries**\n- **Children's programs**\n- Content with **high artistic and cultural merit**\n- Programs that reflect Australian life, identity, and national interests\n- Encouraging **commercial viability** — the open market should be the main support for commercially promising projects\n\n### The Board\n- Has **5 to 9 members** (Chair + Deputy Chair + 3 to 7 others), all appointed by the Minister\n- Members serve **part-time**, for up to 3 years at a time, and no more than **9 years total**\n- Can be removed for misbehaviour, insolvency, or missing too many meetings\n\n### The CEO\n- Appointed by the Board (after consulting the Minister)\n- Works **full-time** for up to **5 years** at a time\n- Cannot sit on the Board at the same time\n- Must disclose any conflicts of interest (i.e., personal interests that might influence decisions)\n\n### Ministerial oversight\n- The Minister can give **binding directions** to the Board on general policy matters\n- **Critically**: the Minister **cannot** direct Screen Australia on which specific person or project gets funded — that independence is protected by law\n- Screen Australia must submit a **corporate plan** (a business strategy document) that the Minister must approve\n\n### Financial rules\n- Screen Australia's money can only be spent on its functions and staff\n- Big financial decisions (like buying expensive property or signing long leases) need **Ministerial approval**\n- Screen Australia is generally **exempt from taxation** (though GST and fringe benefits tax may still apply)\n\n## Why does it matter?\n\nThis law is the foundation for **all public funding decisions** in the Australian screen industry. If you're a filmmaker or producer seeking government support for a project, Screen Australia is your primary port of call — and this Act determines how it operates, what it must prioritise, and what it cannot do."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3 (definition of 'Australian program') and 3 (definition of 'program')","severity":"medium","reasoning":"Screen Australia determines whether a program qualifies as an 'Australian program' under s3(a). Screen Australia's primary functions under s6(1)(b) relate to 'Australian programs'. Screen Australia therefore controls the scope of its own primary function by controlling what qualifies as an Australian program. While this is administratively practical, it is logically circular: the body whose mandate depends on the definition also controls the definition.","confidence":0.72,"description":"Circular and self-referential definition chain: 'Australian program' is defined as a 'program' with significant Australian content, and 'program' is defined to include a 'screen production', which is itself separately defined. The definition of 'Australian program' depends on Screen Australia's own opinion — meaning Screen Australia effectively decides what falls within its own core mandate, creating a self-authorising loop with no external check on scope."},{"type":"other","section":"3 (definition of 'program')","severity":"medium","reasoning":"The Act's name, stated purpose, and all contextual references are to screen production. Including pure audio recordings (sounds only, embodied in material) within 'program' gives Screen Australia jurisdiction over content that is by definition not visual and cannot be viewed on a screen. This contradicts the entire premise of a screen industry body.","confidence":0.85,"description":"The definition of 'program' in paragraph (b) includes 'an aggregate of sounds embodied in any material' — i.e., a pure audio recording with no images whatsoever. This means Screen Australia, a body established to support the 'screen production industry' and 'screen culture', has a mandate that extends to audio-only content such as music albums or audio books, which have no connection to screens."},{"type":"other","section":"5(3) and 5(1)","severity":"low","reasoning":"This is a standard drafting gap inherent in staged commencement, but it does create a brief logical absurdity where the Act's title and commencement provision exist in force without the entity they establish or any operative provisions.","confidence":0.55,"description":"Section 5 establishes Screen Australia and requires it to have a Board (via s5(3) referring to Board directions over the seal), but the Board is not established until section 8 — and sections 3–45 only commence on Proclamation or after 6 months. Between Royal Assent (when s1–2 commence) and commencement of s3–45, Screen Australia notionally exists as a legal shell with neither definitions, Board, nor functions operative. During this window, s1 and 2 are in force but nothing meaningful can occur."},{"type":"self_contradicting","section":"6(3)(b) and 6(3)(c)–(d)","severity":"medium","reasoning":"The mandate to emphasise documentaries and artistic merit directly conflicts with the mandate to promote commercial market primacy. These are not merely different priorities — they actively point Screen Australia in opposite directions for resource allocation decisions. The 'as far as practicable' qualifier softens but does not resolve the contradiction.","confidence":0.8,"description":"Section 6(3) requires Screen Australia to simultaneously emphasise documentaries, children's programs and high artistic merit content (s6(3)(b)), AND promote the open market as the primary means of support for commercially potential projects (s6(3)(c)), AND promote commercially focused screen production businesses (s6(3)(d)). Documentaries and artistically meritorious programs are typically the least commercially viable content — Screen Australia is thus required to both prioritise non-commercial content AND promote commercial market primacy, creating an irreconcilable operational tension."},{"type":"self_contradicting","section":"11(5)","severity":"medium","reasoning":"Section 10 mandates a minimum of 5 members (2 named officers plus at least 3 others). Section 11(5) expressly preserves Board functionality when membership falls below 5. These provisions are logically inconsistent: one establishes a floor, the other makes operating below that floor permissible.","confidence":0.88,"description":"Section 11(5) provides that Board functions are not affected if membership falls below 5 for up to 6 months. However, section 10 sets minimum membership at Chair + Deputy Chair + at least 3 others = minimum 5. Section 11(5) therefore contemplates the Board lawfully operating below its own statutory minimum composition — effectively rendering the minimum membership requirement in s10 temporarily unenforceable."},{"type":"other","section":"16(2)","severity":"medium","reasoning":"The absence of paragraph (b) in s16(2) is not explicable by context — the provision clearly jumps from (a) to (c). This creates uncertainty about whether a mandatory termination ground was intended but omitted, or whether the lettering is simply erroneous. Either way it is a structural defect in the mandatory termination regime.","confidence":0.95,"description":"Section 16(2) lists mandatory termination grounds in paragraphs (a) and (c), but paragraph (b) is entirely absent from the text. The provision jumps from (a)(iv) directly to (c), creating a legislative gap. Either paragraph (b) was accidentally omitted or the lettering is an uncorrected drafting error, leaving the mandatory termination regime with a mysterious missing ground."},{"type":"other","section":"35 and 37","severity":"low","reasoning":"The absence of section 36 in the planning part may indicate a repealed or omitted provision, but as presented the Act's planning framework has an unexplained gap in its numbered sequence between corporate plan preparation and Ministerial approval.","confidence":0.7,"description":"Section 35 is titled 'Corporate plan' and references section 35 of the PGPA Act, but the Act then jumps to section 37 'Approval of corporate plan', with section 36 entirely absent from the provided text. This creates a gap in the planning framework's internal logic and numbering sequence."},{"type":"other","section":"44(1) and 44(1) (Note)","severity":"medium","reasoning":"The combined effect is that directions to the Board have the legal force of legislative instruments (binding, published) but none of the parliamentary accountability safeguards that justify that classification. This is logically anomalous: the instrument is legislative in form but executive in accountability.","confidence":0.78,"description":"Section 44(1) provides that the Minister 'may, by legislative instrument, give written directions'. The note to that subsection states that disallowance and sunsetting under the Legislation Act 2003 do not apply to such directions. A Ministerial direction that is a legislative instrument but is exempt from both disallowance and sunsetting is effectively a binding legislative instrument with no parliamentary oversight mechanism — undermining the constitutional rationale for the legislative instrument classification."},{"type":"other","section":"12","severity":"medium","reasoning":"The jump from s12(1) to s12(4) without any s12(2) or s12(3) is either a drafting omission or reflects repealed provisions, but as presented it leaves the acting appointments framework with unexplained gaps.","confidence":0.9,"description":"Section 12 contains subsections (1), (4), and (5) but subsections (2) and (3) are entirely absent from the text. The provision governing acting appointments for the Chair, Deputy Chair, and ordinary members is therefore structurally incomplete with a gap spanning subsections (2) and (3)."}],"contradictions":[{"severity":"medium","section_a":"6(1)(a)","section_b":"6(3)(b)","confidence":0.82,"description":"Section 6(1)(a) directs Screen Australia to support a 'commercially sustainable' screen production industry. Section 6(3)(b) requires emphasis on documentaries, children's programs and programs of high artistic/cultural merit — categories that are notoriously commercially unsustainable without public subsidy. Screen Australia must simultaneously pursue commercial sustainability and prioritise the least commercially sustainable content categories."},{"severity":"medium","section_a":"6(3)(c)","section_b":"6(1)(b)(i) and 6(2)(a)","confidence":0.75,"description":"Section 6(3)(c) requires Screen Australia to 'promote the open market as the primary means of support for projects with commercial potential'. Section 6(1)(b)(i) and 6(2)(a) give Screen Australia the function and power to provide financial assistance (grants, loans, investment) for Australian programs. If a project has commercial potential, s6(3)(c) says the market should be its primary support — yet s6(1)(b) and s6(2)(a) authorise Screen Australia to fund precisely such projects. Screen Australia must simultaneously defer to the market and intervene in it."},{"severity":"medium","section_a":"44(2)","section_b":"44(3)","confidence":0.7,"description":"Section 44(2) prohibits the Minister from giving directions 'in relation to a decision by the Board to provide support to a particular person or for a particular program'. Section 44(3) requires the Board to ensure compliance with any direction given under s44(1). The boundary between a permissible general direction and an impermissible particular-decision direction is undefined, creating a zone of contradiction where broadly framed Ministerial directions about support criteria could indirectly mandate or preclude support for particular programs, simultaneously complying with and violating s44(2)."},{"severity":"medium","section_a":"10","section_b":"11(5)","confidence":0.88,"description":"Section 10 mandates that the Board consists of at least 5 members (Chair + Deputy Chair + minimum 3 others). Section 11(5) provides that the Board's functions and powers are unaffected by membership falling below 5 for up to 6 months. These provisions directly contradict each other: one establishes a mandatory minimum, the other disapplies it."},{"severity":"low","section_a":"5(3)","section_b":"9(3)","confidence":0.5,"description":"Section 5(3) provides that the seal is not to be used except as authorised by the Board. Section 9(3) provides that all acts done by the Board are taken to have been done by Screen Australia. This creates a logical circularity: the Board controls Screen Australia's seal on behalf of Screen Australia, yet the Board's acts are Screen Australia's acts — meaning Screen Australia is simultaneously the principal authorising seal use and the agent executing it, with no independent check."},{"severity":"high","section_a":"41(1)(a)–(b)","section_b":"41(2)","confidence":0.85,"description":"Section 41(1)(a) and (b) require Ministerial approval for acquisitions and disposals above prescribed thresholds. Section 41(2) disapplies these requirements for transactions relating to Screen Australia's core funding functions under s6(1)(b)(i). Screen Australia can therefore acquire or dispose of property of any value without Ministerial approval when doing so through its primary program funding function, entirely negating the financial control regime for the most significant category of its activities."}]}},"importantCases":[],"_links":{"self":"/api/acts/screen-australia-act-2008","history":"/api/acts/screen-australia-act-2008/history","analysis":"/api/acts/screen-australia-act-2008/analysis","conflicts":"/api/acts/screen-australia-act-2008/conflicts","importantCases":"/api/acts/screen-australia-act-2008/important-cases","documents":"/api/acts/screen-australia-act-2008/documents"}}