5Functions of Commission

#### 5 Functions of Commission (1) The functions of the Commission are: (a) to encourage, whether by the provision of financial assistance or otherwise, the making, promotion, distribution and broadcasting of Australian programs; and (b) to promote and distribute any programs; and (c) subject to the approval of the Minister, to provide financial assistance to a State or an authority of a State for the purchase by it of: (i) Australian programs that are of an educational nature and of national interest or importance; and (ii) rights in respect of any such programs; and (d) to encourage, whether by the provision of financial assistance or otherwise, the proper keeping of recordings in archives in Australia; and (e) to develop, maintain and preserve a national collection; and (f) to exhibit, or to make available for exhibition by others, items in the national collection; and (g) to make items in the national collection available to such persons and institutions, and in such manner and subject to such conditions, as the Commission determines. (1A) In the performance of its functions, the Commission shall give special attention to the encouragement of: (a) the making of experimental programs and programs of a high degree of creativeness; and (b) the making and appreciation of Australian programs and other programs as an art form. (1B) The Commission must use every endeavour to make the most advantageous use of the national collection in the national interest. (2) The functions of the Commission specified in paragraphs (1)(a) and (b) may be performed either within or outside Australia. (3) The Commission may carry out a matter within the functions specified in paragraph (1)(b) by commissioning a person to undertake that matter. (4) The Commission may perform its functions to the extent only that they are not in excess of the functions that may be conferred on the Commission by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions: (a) by way of expenditure of moneys that are available for the purposes of the Commission in accordance with an appropriation made by the Parliament; (b) by way of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; (c) for purposes related to broadcasting services; (d) so far as they relate to the collection of statistics; (e) for purposes related to external affairs; and (f) for purposes in relation to a Territory.