Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

AUSTRALIAN FILM, TELEVISION AND RADIO SCHOOL REGULATIONS (AMENDMENT) 1995 NO. 131

STATUTORY RULES 1995 No. 131

Issued by the Authority of the Minister for Communications and the Arts

Australian Film, Television and Radio School Act 1973

Australian Film, Television and Radio School Regulations (Amendment)

Section 51 of the Australian Film, Television and Radio School Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 5 (1)(g) of the Act provides for the School:

"to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are provided by the regulations;".

The existing Australian Film, Television and Radio School Regulations do not provide for the award of any degrees, diplomas or certificates for the purposes of paragraph 5(1)(g).

Regulation 4 of the accompanying Regulations will allow the School to award degrees, diplomas and certificates as specified in the regulation.

For the purposes of legal certainty, not only for the School but also for those persons who have already received awards, regulation 4 is made retrospective to the date the School commenced to make awards (31 August 1973) - see regulation 1 - the remainder of the Regulations will commence on gazettal.

Section 40 of the Act provides for the School to purchase or dispose of assets or to enter into a building construction contract under certain monetary limits before the approval of the Minister is required. Paragraphs 40(1)(a) and (b) set the limits for the acquisition or disposal of any property, right or privilege at $250,000 while paragraph 40(1)(c) sets the limit for entering into a contract for the construction of a building for the School at $50,000. However, paragraphs 40(1)(a)-(c) permit higher amounts to be prescribed. Existing subregulations 3(1), (2) and (3) set these limits at $150,000. Existing subregulations 3(1) and (2), in prescribing an amount less than $250,000, are invalid.

Accordingly, regulation 3 of the accompanying Regulations omits existing subregulations 3(1) and (2) but retains the reference to $150,000 in relation to paragraph 40(1)(c) as this is a higher amount than provided in the Act.