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2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
ARTS LEGISLATION AMENDMENT (MARITIME MUSEUM AND FILM,
TELEVISION AND RADIO SCHOOL) BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for
the Arts and Sport,
Senator the Hon. Rod Kemp)
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ARTS LEGISLATION AMENDMENT (MARITIME MUSEUM AND FILM,
TELEVISION AND RADIO SCHOOL) BILL 2005
OUTLINE
The Arts Legislation Amendment (Maritime Museum and Film, Television and Radio
School) Bill 2005 (the Bill) amends the Australian National Maritime Museum Act
1990 (the ANMM Act) and the Australian Film, Television and Radio School Act
1973 (the AFTRS Act). The objectives of the amendments are:
ANMM Act
to provide more flexibility for how Museum entry charges can be fixed; and
to clarify the Museum's power to fix charges for entry to special exhibitions and
events.
AFTRS Act
to provide more autonomy and flexibility for the School to make decisions on
which degrees, diplomas and certificates will be awarded.
Under the ANMM Act, the power to set general entry fees is vested with the
Governor-General as a regulatory power. The proposed amendments will allow the
Governor-General by regulation to delegate the power to fix fees. Therefore, the
power could, for example, be delegated to the ANMM and so allow it to set admission
fees, thus bringing it in line with other institutions such as the National Museum of
Australia. The proposed amendments will also ensure the Museum's power to fix
charges for special exhibitions and special events includes ships/vessels sitting in the
water and other structures.
The proposed amendments would not, however, affect the ANMM Director's current
power under the Australian National Maritime Museum Regulations 1991 to waive
entry fees in order to encourage people to visit the Museum, or to promote access for
educational or disadvantaged groups.
The AFTRS Act currently provides that the School can award such degrees, diplomas
and certificates as are provided for by the regulations which are made by the
Governor-General. The proposed amendments to the AFTRS Act will empower the
School to make its own decisions in relation to which awards the School should make.
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FINANCIAL IMPACT STATEMENT
The Bill is not expected to have any financial impact on Commonwealth expenditure or
revenue.
3
ABBREVIATIONS
The following abbreviations are used in this explanatory memorandum:
AFTRS: Australian Film, Television and Radio School
ANMM: Australian National Maritime Museum
AFTRS Act: Australian Film, Television and Radio School Act 1973
ANMM Regulations Australian National Maritime Museum Regulations
1991
AFTRS Regulations: Australian Film, Television and Radio School
Regulations 1986
ANMM Act: National Maritime Museum Act 1990
Bill: Arts Legislation Amendment (Maritime Museum and
Film, Television and Radio School) Bill 2005
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NOTES ON CLAUSES
Clause 1 - Short title
Clause 1 provides that the Bill, when enacted, may be cited as the Arts Legislation
Amendment (Maritime Museum and Film, Television and Radio School) Act 2005.
Clause 2 - Commencement
Clause 2 provides that the Bill will commence on the day on which the Act receives the
Royal Assent.
Clause 3 - Schedule(s)
Clause 3 is a standard provision which declares that the Schedules to the Act have the
effect indicated. There is one Schedule to the Bill. Items 1-3 of the Schedule provide
for amendments to the AFTRS Act and items 4-6 of the Schedule provide for
amendments to the ANMM Act.
Schedule 1 - Amendments
Australian Film, Television and Radio School Act 1973
Item 1 - Paragraph 5(1)(g)
This item amends paragraph 5(1)(g) of the AFTRS Act to enable the School to award
such degrees, diplomas and certificates as specified in a determination. Paragraph
5(1)(g) currently provides that one of the School's functions is to award such degrees,
diplomas and certificates as provided for by the regulations. The AFTRS Regulations
prescribe the degrees, diplomas and certificates that currently may be awarded by the
School.
The proposed amendment will provide autonomy for the School to make its own
decisions about what degrees, diplomas and certificates it awards rather than relying on
regulations having to be made each time a new course is offered or withdrawn.
Therefore, it is proposed to amend paragraph 5(1)(g) by deleting the words "provided
for by the regulations" and inserting the words "specified in a determination under
section 6A".
It should be noted that the authority to decide which degrees, diplomas and certificates
will be made and hence which will be awarded will be restricted by the scope of the
School's functions as set out in section 5 of the AFTRS Act.
Item 2 - At the end of Part II
This item inserts a new section 6A in relation to the determination of which degrees,
diplomas and certificates the School can award.
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The proposed new section will provide that the School may, by legislative instrument,
and for the purposes of paragraph 5(1)(g), make a determination specifying degrees,
diplomas or certificates. By virtue of the Legislative Instruments Act 2003, such a
determination would not take effect until registration under that Act has occurred.
Item 3 - Saving provision
This item is a saving provision to ensure that the degrees, diplomas and certificates
currently prescribed by the AFTRS Regulations may continue to be awarded.
The item provides that regulations in force for the purposes of paragraph 5(1)(g) of the
Act immediately before the commencement of the item continue to have effect until the
School makes the first determination under proposed section 6A and that
determination is registered pursuant to the Legislative Instruments Act 2003.
The current AFTRS Regulations in relation to the degrees, diplomas and certificates
that can be awarded will cease to have effect as of the date of that registration.
Therefore, the first determination to be made by the School would need to include any
existing degrees, diplomas and certificates that the School intends to continue to award
as well as any new degrees, diplomas and certificates to be awarded.
National Maritime Museum Act 1990
Item 4 - Paragraph 7(1)(r)
This item amends paragraph 7(1)(r) of the ANMM Act by inserting the words "or
water" after the word "land".
Paragraph 7(1)(r) currently provides that the Museum has the power to fix charges for
entry onto any land, or into any buildings, owned by, or under the control of the
Museum being charges that:
(i) are in addition to the charges fixed by regulations; and
(ii) relate to special exhibitions or other special events.
As the Museum has exhibitions that are ships and other vessels moored in Darling
Harbour, the proposed amendment will ensure the Museum can fix charges for entry to
any special exhibitions or other special events whether on land or water.
Item 5 - Paragraph 7(1)(r)
This item amends paragraph 7(1)(r) of the ANMM Act by inserting the words
"structure or vessel" after the word "building".
The proposed amendment is to similar effect as the proposed amendment at item 4 and
will ensure the Museum can fix charges for entry to any special exhibitions or other
special events whether those exhibitions or events are held in a building, structure or
vessel. This proposed amendment, together with the proposed amendment at item 4,
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will also bring paragraph 7(1)(r) in to line with section 54 and the definition of
Museum premises at subsection 54(2).
Item 6 - Paragraph 54(1)(d)
This item amends paragraph 54(1)(d) of the ANMM Act by inserting the words "or
providing for the Museum to fix charges" after the word "charges" .
Paragraph 54(1)(d) currently provides that the Governor-General may make
regulations fixing charges for entry to any ANMM premises. To bring the ANMM in
to line with other national institutions, and provide some flexibility as to how charges
are fixed, the purpose of this proposed amendment is to allow sub-delegation of the
`charge fixing' power under paragraph 54(1)(d).
It is intended that if the power was sub-delegated to the ANMM, the Museum would
be able to identify different Museum premises/exhibitions and apply different charges
accordingly. In addition, the ANMM could fix and vary charges in a more responsive
fashion without having to amend the ANMM Regulations.