Version incorporating amendments as at
12 February 2025
TABLE OF PROVISIONS
Section Page
1 Purposes 1
2 Commencement 1
3 Definitions 1
4 Exemptions 4
5 Application of film friendly principles 5
6 Film friendly guidelines 5
7 Appointed days—Councils 6
8 Effect of film friendly principles 7
Schedules 8
Schedule 1—Film friendly principles 8
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Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Explanatory details 15
Version No.009
Filming Approval Act 2014
No. 51 of 2014
Version incorporating amendments as at
12 February 2025
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are—
(a) to establish and promote film friendly principles for the issuing of film permits by public agencies; and
(b) to reduce red tape by establishing a consistent approach to the approval of film permits; and
(c) to provide for the making of film friendly guidelines; and
(d) to facilitate the approval of film permits by public agencies.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 March 2015, it comes into operation on that day.
3 Definitions
In this Act—
commercial filming means recording images by film, video, digital or other technology to broadcast or publicly exhibit for commercial purposes, but does not include photography;
committee of management means a committee of management appointed under the Crown Land (Reserves) Act 1978;
S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 38.1).
has the same meaning as in the ;
Council
Local Government Act 2020
Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;
Department Head has the same meaning as in the Public Administration Act 2004;
film friendly guidelines means any guidelines made under section 6;
film friendly principles means the principles set out in Schedule 1;
film permit means a permit, licence, approval or other authority issued by a public agency to conduct commercial filming on public land;
Film Victoria has the same meaning as in the Film Act 2001;
S. 3 def. of filming approval legislation amended by Nos 21/2015 s. 3(Sch. 1 item 20), 7/2016 s. 46, 58/2017 s. 55, 9/2020 s. 390(Sch. 1 item 38.1), 19/2020 s. 88, 43/2021 s. 219(Sch. 1 item 5).
filming approval legislation means—
(aa) the Caulfield Racecourse Reserve Act 2017; and
(a) the Cemeteries and Crematoria Act 2003; and
(b) the Crown Land (Reserves) Act 1978; and
(c) the Forests Act 1958; and
(d) the Geelong Performing Arts Centre Trust Act 1980; and
(daa) the Great Ocean Road and Environs Protection Act 2020; and
(da) the Kardinia Park Stadium Act 2016; and
(e) the Land Act 1958; and
(f) the Libraries Act 1988; and
(g) the Local Government Act 2020; and
(h) the Melbourne and Olympic Parks Act 1985; and
(i) the Melbourne Cricket Ground Act 2009; and
(j) the Museums Act 1983; and
(k) the National Gallery of Victoria Act 1966; and
(l) the National Parks Act 1975; and
(m) the Port Management Act 1995; and
(n) the Road Management Act 2004; and
(o) the Road Safety Act 1986; and
(p) the Royal Botanic Gardens Act 1991; and
(q) the State Sport Centres Act 1994; and
(qa) the Suburban Rail Loop Act 2021; and
(r) the Transport Integration Act 2010; and
(s) the Victoria Racing Club Act 2006; and
(t) the Victorian Arts Centre Act 1979; and
(u) the Wildlife Act 1975; and
(v) the Zoological Parks and Gardens Act 1995;
public agency means—
(a) a committee of management; or
(b) a Council; or
(c) Court Services Victoria; or
(d) a Department Head; or
(e) a Minister; or
(f) a public entity; or
(g) the Secretary to the Department of Environment and Primary Industries being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987; or
(h) a trust established by legislation to manage Crown land; or
(i) Victoria Racing Club Limited A.C.N. 119 214 078;
public entity has the same meaning as in the Public Administration Act 2004;
public land means—
(a) Crown land; or
(b) land owned by or vested in a public agency.
4 Exemptions
(1) Subject to subsection (2), this Act applies to public agencies.
(2) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may exempt a public agency from any requirements of this Act.
(3) An Order in Council made under subsection (2) may be subject to any terms or conditions.
5 Application of film friendly principles
So far as it is possible to do so consistently with the filming approval legislation, a public agency must comply with the film friendly principles when performing any functions or duties or exercising any powers under the filming approval legislation in relation to commercial filming on public land.
6 Film friendly guidelines
(1) The Minister may make guidelines in relation to the film friendly principles.
(2) Without limiting subsection (1), guidelines may be made for or with respect to any of the following matters—
(a) the promotion and facilitation of the film friendly principles across public agencies;
(b) any matters that may be taken into account by public agencies when considering an application for a film permit;
(c) how public agencies may receive, consider and approve or refuse applications for film permits in a timely manner, including requesting further information from applicants;
(d) how public agencies may effectively notify persons who apply for film permits, request further information from applicants and approve or refuse applications consistently with the film friendly principles;
(e) examples of grounds or criteria on which a public agency may refuse an application for a film permit, being grounds or criteria that may or may not be consistent with the film friendly principles;
(f) examples of terms and conditions that a public agency may apply to the approval of a film permit, either generally or in specific circumstances or locations;
(g) guidance as to how public agencies may provide information to film permit applicants, including the publication of application forms, application processing times, fees, contact details and the availability of locations for commercial filming;
(h) information about the different types of public land that will assist public agencies in considering applications for film permits on that land;
(i) information regarding how public agencies may share information in order to facilitate commercial filming involving more than one public agency.
(3) The Minister must ensure that a notice of the making of guidelines under this section is published in the Government Gazette.
(4) The notice of the making of guidelines must specify where a person may obtain a copy of the guidelines.
(5) The guidelines take effect on the day the notice is published in the Government Gazette or on a later date specified in the notice.
7 Appointed days—Councils
(1) The Minister, by notice published in the Government Gazette, may appoint a day or days on which the provisions of this Act relating to Councils apply to all Councils or any specified group of Councils.
(2) Despite anything to the contrary in this Act, a provision of this Act relating to Councils only applies to a Council on and after the appointed day applying to that Council.
S. 7(3) amended by No. 9/2020 s. 390(Sch. 1 item 38.2).
(3) Despite anything to the contrary in the Local Government Act 2020, the amendments made to that Act by this Act only apply in relation to a Council and the local laws of a Council on and after the appointed day applying to that Council.
(4) In this section—
appointed day means the earlier of—
(a) the day specified in a notice under subsection (1); or
(b) 1 March 2016.
8 Effect of film friendly principles
The Parliament does not intend by the requirement of public agencies to comply with the film friendly principles to create in any person any legal right or to give rise to any civil cause of action.
S. 9 repealed by No. 3/2025 s. 3(Sch. 1 item 3).
Schedules
Schedule 1—Film friendly principles
1 Principle 1—Approvals
1.1 A public agency that receives an application for a film permit must not unreasonably withhold the approval of that application, subject to this Act and any other Act.
1.2 The approval of an application for a film permit is unreasonably withheld if a public agency does not attempt to address its concerns by giving approval subject to terms and conditions, or does not take reasonable steps to work with the applicant to identify alternative locations for filming.
1.3 Approval is subject to any requirements of a public agency to consider public amenity, safety and security, and environmental and heritage impacts.
1.4 Approval is also subject to any operational requirements of a public agency, including commercial agreements and the maintenance of any land or facilities.
2 Principle 2—Timeliness
2.1 A public agency must approve or refuse an application for a film permit in a timely manner.
2.2 A public agency must take reasonable steps to respond to an applicant within 5 business days.
3 Principle 3—Reasons for refusal
3.1 A public agency that refuses to approve an application for a film permit must give reasons to the applicant for the refusal.
4 Principle 4—Point of contact
4.1 A public agency must take reasonable steps to provide a single point of contact to deal with commercial filming on public land.
5 Principle 5—Standard forms
5.1 A public agency must ensure that any application forms and other documents required by the public agency to consider an application for a film permit are consistent with any standard forms or documents issued by Film Victoria.
5.2 If an application form or other document used by a public agency is different from a standard form or document issued by Film Victoria, the form or document must not request any information from an applicant that is not necessary to consider the application.
5.3 This principle does not apply to forms and other documents that are prescribed by regulations or are required by an Order in Council.
6 Principle 6—Fees
6.1 Unless specifically authorised by another Act, fees charged by a public agency for applications for film permits and issuing film permits must not exceed cost recovery.
6.2 In relation to fees for applications for film permits and issuing film permits that are not set by regulations or by an Order in Council, a public agency must have regard to the broader economic benefits that commercial filming will bring to the community when setting the fees.
7 Principle 7—Accessible information
7.1 A public agency that has the power to issue film permits must publish information about how a person may apply for a film permit on its website or on a website approved by Film Victoria.
7.2 A public agency must publish on its website or on a website other than the agency's website any other relevant information regarding these principles on the request of Film Victoria.
8 Principle 8—Staff training
8.1 A public agency must take reasonable steps to ensure that staff responsible for considering and issuing film permits are given appropriate information regarding the film industry.
Sch. 2 repealed by No. 3/2025 s. 3(Sch. 1 item 3).
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Council: 3 April 2014
Legislative Assembly: 28 May 2014
The long title for the Bill for this Act was "A Bill for an Act to establish film friendly principles for the approval of film permits by public agencies, to provide for the making of film friendly guidelines and to make consequential amendments to other Acts and for other purposes."
The Filming Approval Act 2014 was assented to on 12 August 2014 and came into operation on 1 March 2015: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Filming Approval Act 2014 by Acts and subordinate instruments.