6Powers of Commission

#### 6 Powers of Commission (1) The Commission has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions and, without limiting the generality of the foregoing, has power: (a) to guarantee the repayment of, and payment of interest on, loans (including bank overdrafts); (b) to provide financial assistance to persons concerned with the making, promotion, distribution or broadcasting of Australian programs under arrangements that entitle the Commission to receive a share of the proceeds derived from the sale, hire, distribution or broadcasting of the programs; (c) to acquire rights in respect of programs; (d) to accept gifts, devises, bequests and assignments made to the Commission (whether on trust or otherwise); and (e) to act as trustee of moneys, recordings or other property vested in the Commission upon trust, or 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. (1A) Without limiting subsection (1), the Commission also has the following powers in relation to the national collection: (a) to purchase programs or material associated with programs, to take programs or material associated with programs on hire and to accept programs or material associated with programs on deposit or loan or as a gift; and (b) to make programs or material associated with programs available by hire, loan, sale or otherwise. (1B) Without limiting subsection (1), the Commission may make available services in relation to programs or material associated with programs. The Commission may charge fees for the services, but such fees must be approved in writing by the Minister. > Note: Under subsection 33(3A) of the Acts Interpretation Act 1901, services may be specified by reference to a particular class or classes of service. (2) The power of the Commission to give guarantees is subject to such limits as the Finance Minister determines as to the total amount of moneys (other than interest) the payment of which may at any time be the subject of such guarantees. (3) Notwithstanding anything contained in this Act, any money, recordings or other property held by the Commission upon trust shall be dealt with in accordance with the powers and duties of the Commission as trustee. (4) The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include a statement of: (a) the guarantees given by the Commission under paragraph (1)(a) during the year to which the report relates; (b) the limits that the Finance Minister has determined under subsection (2); and (c) the total amount the subject of the guarantees referred to in paragraph (a). (5) The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997, in respect of a financial year, must include particulars of all disposals of items in the national collection during that financial year that the Commission considers were significant items in the national collection. (6) The annual report of the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997, in respect of a financial year, must include a report of the operations relating to the national collection. (7) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister. (8) In this section: > Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.