South Australian Consolidated Acts

SOUTH AUSTRALIAN FILM CORPORATION ACT 1972 - NOTES

Legislative history

Notes

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Principal Act and amendments

New entries appear in bold.

Year	No	Title	Assent	Commencement
1972	48	South Australian Film Corporation Act 1972	20.4.1972	26.10.1972 (Gazette 26.10.1972 p2021)
1975	92	South Australian Film Corporation Act Amendment Act 1975	20.11.1975	15.4.1976 (Gazette 15.4.1976 p1979)
1978	77	South Australian Film Corporation Act Amendment Act 1978	16.11.1978	18.2.1982 (Gazette 18.2.1982 p417)
1979	11	South Australian Film Corporation Act Amendment Act 1979	8.3.1979	8.3.1979
1981	106	South Australian Film Corporation Act Amendment Act 1981	23.12.1981	23.12.1981
1993	79	South Australian Film Corporation (Administration) Amendment Act 1993	27.10.1993	27.10.1993 (Gazette 27.10.1993 p1888)
2006	41	Statutes Amendment (Public Sector Employment) Act 2006	14.12.2006	Pt 19 (ss 80—84)—1.4.2007 (Gazette 29.3.2007 p930)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 136 (ss 310—312)—1.2.2010 (Gazette 28.1.2010 p320)
2010	19	Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010	28.10.2010	Pt 9 (ss 72—82) & Sch 1 (Pt 6 & Pt 9 cl 9)—12.5.2011 (Gazette 12.5.2011 p1460)

Provisions amended since 3 February 1976

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002
s 3	amended by 77/1978 s 3	18.2.1982
	amended by106/1981 s 2	23.12.1981
	omitted under Legislation Revision and Publication Act 2002
s 4
s 4(1) before substitution by 19/2010	s 4 redesignated as s 4(1) by 41/2006 s 80(2)	1.4.2007
employing authority	inserted by 41/2006 s 80(1)	1.4.2007
film	substituted by 92/1975 s 3(a)	15.4.1976
the advisory board	deleted by 77/1978 s 4	18.2.1982
the Chairman	inserted by 92/1975 s 3(b)	15.4.1976
	deleted by 79/1993 s 3(a)	27.10.1993
the Chief Executive Officer	inserted by 79/1993 s 3(a)	27.10.1993
the Director	deleted by 106/1981 s 3	23.12.1981
the Managing Director	inserted by 106/1981 s 3	23.12.1981
	deleted by 79/1993 s 3(b)	27.10.1993
s 4(1)	substituted by 19/2010 s 72(1)	12.5.2011
s 4(2)	inserted by 41/2006 s 80(2)	1.4.2007
Pt 2
heading	substituted by 19/2010 s 73	12.5.2011
s 5 before deletion by 19/2010
s 5(4)	substituted by 92/1975 s 4(a)	15.4.1976
	substituted by 79/1993 s 4	27.10.1993
s 5(5)	deleted by 92/1975 s 4(a)	15.4.1976
	inserted by 79/1993 s 4	27.10.1993
s 5(5a)	inserted by 79/1993 s 4	27.10.1993
s 5(6)	amended by 92/1975 s 4(b)	15.4.1976
s 5(7)	amended by 92/1975 s 4(c)	15.4.1976
s 5(11)	deleted by 84/2009 s 310	1.2.2010
s 5(12)	amended by 92/1975 s 4(d)	15.4.1976
s 5	deleted by 19/2010 s 74	12.5.2011
s 6 before deletion by 19/2010	amended by 92/1975 s 5	15.4.1976
	substituted by 79/1993 s 5	27.10.1993
s 6	deleted by 19/2010 s 74	12.5.2011
s 6A	inserted by 79/1993 s 5	27.10.1993
	substituted by 84/2009 s 311	1.2.2010
	deleted by 19/2010 s 74	12.5.2011
s 6B	inserted by 79/1993 s 5	27.10.1993
	deleted by 84/2009 s 311	1.2.2010
ss 7 and 8	deleted by 19/2010 s 74	12.5.2011
Pt 2 Div 1	inserted by 19/2010 s 74	12.5.2011
Pt 2 Div 2	inserted by 19/2010 s 74	12.5.2011
Pt 2 Div 3	inserted by 19/2010 s 74	12.5.2011
Pt 2 Div 4	inserted by 19/2010 s 74	12.5.2011
Pt 2 Div 5	inserted by 19/2010 s 74	12.5.2011
Pt 2 Div 6
heading	inserted by 19/2010 s 74	12.5.2011
s 9 before substitution by 41/2006
s 9(1)	substituted by 79/1993 s 6(a)	27.10.1993
s 9(1a)	inserted by 79/1993 s 6(a)	27.10.1993
s 9(2)	amended by 79/1993 s 6(b)	27.10.1993
s 9(3)	amended by 79/1993 s 6(c)	27.10.1993
s 9	substituted by 41/2006 s 81	1.4.2007
s 9(2)	substituted by 19/2010 s 75	12.5.2011
s 9A	inserted by 41/2006 s 81	1.4.2007
s 9A(3)	amended by 84/2009 s 312	1.2.2010
s 9A(13)
public sector agency	amended by 84/2009 s 312	1.2.2010
Pt 2 Div 7
heading	inserted by 19/2010 s 76	12.5.2011
s 10	amended by 92/1975 s 6	15.4.1976
	amended by 11/1979 s 2	8.3.1979
	amended by 19/2010 s 77(1), (2)	12.5.2011
s 11 before substitution by 19/2010	amended by 92/1975 s 7	15.4.1976
	amended by 11/1979 s 3	8.3.1979
s 11	substituted by 19/2010 s 78	12.5.2011
s 12 before deletion by 19/2010
s 12(1)	amended by 79/1993 s 7(a)	27.10.1993
	amended by 41/2006 s 82	1.4.2007
s 12(4)	inserted by 79/1993 s 7(b)	27.10.1993
s 12	deleted by 19/2010 s 79	12.5.2011
s 13	deleted by 19/2010 s 79	12.5.2011
Pt 5 heading	omitted under Legislation Revision and Publication Act 2002	12.5.2011
s 22	deleted by 19/2010 s 79	12.5.2011
s 23 before deletion by 19/2010
s 23(4)	inserted by 11/1979 s 4	8.3.1979
s 23	deleted by 19/2010 s 79	12.5.2011
s 24	deleted by 19/2010 s 79	12.5.2011
Pt 2 Div 8	inserted by 19/2010 s 79	12.5.2011
Pt 3	amended by 106/1981 ss 4—8	23.12.1981
	deleted by 79/1993 s 8	27.10.1993
Pt 3	inserted by 19/2010 s 79	12.5.2011
Pt 4	amended by 92/1975 ss 8, 9	15.4.1976
	deleted by 77/1978 s 5	18.2.1982
Pt 4	inserted by 19/2010 s 79	12.5.2011
Pt 5
heading	Pt 6 heading redesignated as Pt 5 heading by 19/2010 s 80	12.5.2011
ss 22—24	inserted by 19/2010 s 81	12.5.2011
s 25	amended by 19/2010 Sch 1 Pt 6	12.5.2011
s 26 before substitution by 41/2006	amended by 106/1981 s 9	23.12.1981
	amended by 79/1993 s 9	27.10.1993
s 26	substituted by 41/2006 s 83	1.4.2007
s 27
s 27(1) and (3)	amended by 19/2010 Sch 1 Pt 6	12.5.2011
s 28	amended by 19/2010 Sch 1 Pt 6	12.5.2011
s 29	substituted by 19/2010 Sch 1 Pt 6	12.5.2011
s 30 before substitution by 19/2010
s 30(1)	amended by 79/1993 s 10	27.10.1993
s 30	substituted by 19/2010 s 82	12.5.2011
ss 31 and 32	deleted by 19/2010 s 82	12.5.2011
s 33 before deletion by 19/2010
s 33(2)	amended by 77/1978 s 6	18.2.1982
	amended by 106/1981 s 10	23.12.1981
	amended by 79/1993 s 11	27.10.1993
	amended by 41/2006 s 84	1.4.2007
s 33	deleted by 19/2010 s 82	12.5.2011

Transitional etc provisions associated with Act or amendments

South Australian Film Corporation (Administration) Amendment Act 1993

12—Transitional provision

The members of the Corporation in office immediately before the commencement of this Act continue in office under the principal Act as amended by this Act.

Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions

Note—

Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.

1—Interpretation

In this Part, unless the contrary intention appears—

Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;

employing authority means—

(a) subject to paragraph (b)—the person who is the employing authority under a relevant Act;

(b) in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;

Industrial Commission means the Industrial Relations Commission of South Australia;

prescribed body means—

(a) the Aboriginal Lands Trust;

(b) the Adelaide Cemeteries Authority;

(c) the Adelaide Festival Centre Trust;

(d) the Adelaide Festival Corporation;

(e) SA Ambulance Service Inc;

(f) the Minister to whom the administration of the Children's Services Act 1985 is committed;

(g) the Minister to whom the administration of the Education Act 1972 is committed;

(h) the Electricity Supply Industry Planning Council;

(i) a body constituted under the Fire and Emergency Services Act 2005;

(j) the History Trust of South Australia;

(k) the Institute of Medical and Veterinary Science;

(l) a regional NRM board constituted under the Natural Resources Management Act 2004;

(m) the Senior Secondary Assessment Board of South Australia;

(n) the South Australian Country Arts Trust;

(o) the South Australian Film Corporation;

(p) the South Australian Health Commission;

(q) an incorporated hospital under the South Australian Health Commission Act 1976;

(r) an incorporated health centre under the South Australian Health Commission Act 1976;

(s) the South Australian Motor Sport Board;

(t) the South Australian Tourism Commission;

(u) The State Opera of South Australia;

(v) the State Theatre Company of South Australia;

(w) the Minister to whom the administration of the Technical and Further Education Act 1975 is committed;

relevant Act means—

(a) in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;

(b) in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;

(c) in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.

2—Transfer of employment

(1) Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).

(2) The following persons will, on the commencement of this clause, be taken to be employed as follows:

(a) a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);

(b) a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;

(c) a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;

(d) a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.

(3) Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).

(4) Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—

(a) will be taken to provide for continuity of employment without termination of the relevant employee's service; and

(b) will not affect—

(i) existing conditions of employment or existing or accrued rights to leave; or

(ii) a process commenced for variation of those conditions or rights.

(5) If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—

(a) with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and

(b) with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,

subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).

(6) Where an award or enterprise agreement is created by virtue of the operation of subclause (5)—

(a) the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and

(b) the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and

(c) the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.

3—Superannuation

(1) If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.

(2) Nothing that takes effect under subclause (1)—

(a) constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(b) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,

and subclause (1) may have effect despite any other Act or law.

(3) An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).

4—Interpretative provision

(1) The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.

(2) A proclamation under subclause (1) may effect a transfer of functions or powers.

5—Related matters

(1) A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(2) A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(3) A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(4) A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.

(5) The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).

6—Other provisions

(1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

(2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

(3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

(a) decreasing the person's rights; or

(b) imposing liabilities on the person.

(4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.

Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions

9—Membership of South Australian Film Corporation

(1) In this clause—

principal Act means the South Australian Film Corporation Act 1972.

(2) A member of the South Australian Film Corporation (within the meaning of the principal Act) holding office immediately before the commencement of this clause, will, on that commencement, continue in office—

(a) for the balance of that term of office; and

(b) on such other conditions as if the principal Act as amended by Part 9 of this Act had been in force when he or she was appointed or last re-appointed a member of the Corporation and that appointment had been made under the principal Act as so amended.

(3) A member continues in office by virtue of subclause (2) despite the fact that, for some or all of the duration of the balance of that term of office—

(a) 1 or more provisions of section 6 of the principal Act as amended by Part 9 of this Act (relating to the composition of the Corporation) may not be complied with; and

(b) section 7(1) of the principal Act as amended by Part 9 of this Act (prohibiting a person from being appointed for a term exceeding 3 years) may not be complied with; and

(c) section 7(2) of the principal Act as amended by Part 9 of this Act (prohibiting a person from serving as a member for more than 9 consecutive years) may not be complied with,

and, in that case, those provisions will not apply for that duration.

Historical versions

Reprint No 1—15.1.1992
Reprint No 2—27.10.1993
1.4.2007
1.2.2010