CTHRepealedAct
Australian Film Commission Act 1975
3Interpretation
Start here
Get a plain-English read of 3
Turn the raw legal text into a practical explanation grounded in Australian Film Commission Act 1975.
#### 3 Interpretation
(1) In this Act, unless the contrary intention appears:
> Australian program means a program:
(a) that has been made wholly or substantially in Australia and that, in the opinion of the Commission, has a significant Australian content;
(b) that is to be made wholly or substantially in Australia and that, in the opinion of the Commission, will have a significant Australian content; or
(c) that has been, or is to be, made in pursuance of an agreement or arrangement entered into between the Government of the Commonwealth or an authority of the Commonwealth and the Government of another country or an authority of the Government of another country.
> Australian short film means:
(b) any short film:
(i) that is an Australian program; and
(ii) not less than 80 per centum of the content of which in terms of duration has been made specifically for that film;
but does not include a film referred to in paragraph (b) that:
(c) is primarily produced for the purpose of promoting a product or service;
(d) promotes a product or service of a person who has borne the whole or a part of the cost of producing the film; or
(e) is a news‑reel or news‑magazine or a trailer or other advertizing film.
> authorized person means a member of the Commission or of the staff of the Commission authorized by the Commission for the purposes of the provision in which the expression occurs.
> broadcast means to transmit by way of television or radio.
> CEO or Chief Executive Officer means the CEO of the Commission appointed by the Minister under section 28B.
> Chair means the Chair of the Commission.
> Commission means the Australian Film Commission established by this Act.
> Deputy Chair means a Deputy Chair of the Commission.
> film means an aggregate of images, or of images and sounds, embodied in any material.
> First Deputy Chair means the person who, under section 19, is the First Deputy Chair of the Commission.
> member means a member of the Commission, and includes the Chair.
> national collection means:
(a) the programs that are owned by, or are in the possession of, the Commission from time to time; and
(b) all material associated with programs that is owned by, or is in the possession of, the Commission from time to time.
> program means:
(a) a recording; or
(b) an aggregate of images or sounds, or of images and sounds, that is, or is intended to be, broadcast without first having been recorded.
> recording means:
(a) a film; or
(b) an aggregate of sounds embodied in any material.
> Second Deputy Chair means the person who, under section 19, is the Second Deputy Chair of the Commission.
> short film means a film that:
(a) is less than 60 minutes in duration; and
(b) is designed for, or produced with a view to, theatrical exhibition.
(1A) A reference in this Act to the distribution of programs includes a reference to the presentation of programs.
(1B) A reference in this Act to the making of programs includes a reference to the compilation or preparation of programs.
(1C) Where a word has a particular meaning in this Act, other parts of speech and grammatical forms of that word have corresponding meanings.
(2) In considering whether a program has or will have a significant Australian content, the Commission shall have regard to:
(a) the subject‑matter of the program;
(b) the place or places where the program was, or is to be, made;
(c) the nationalities and places of residence of:
(i) the persons who took part, or are to take part, in the making of the program (including authors, composers, actors, scriptwriters, editors, producers, directors and technicians);
(ii) the persons who own, or will own, the shares or stock in the capital of any company concerned in the making of the program; and
(iii) the persons who have, or will have, the copyright in the program;
(d) the source from which moneys used, or to be used, in the making of the program were, or will be, derived; and
(e) any other matters that it thinks relevant.