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Tuesday, 3 December 1974
Page: 3042

In Committee

Consideration of House of Representatives amendments.

House of Representatives amendments-

Proposed new clauses 7a, 8a, 8b and 17a.

Clauses to be amended:

Clause 19.

(1)   The Governor-General may terminate the appointment of a member by reason of misbehaviour or physical or mental incapacity.

(2)   If-

(a)   a member-

(i)   becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

(ii)   fails to comply with an obligation imposed on him by section 18; or

(   b) the Chairman or other full-time member-

(i)   engages, without the consent of the Minister, in any paid employment outside the duties of his office; or

(ii)   is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any period of 1 2 months, the Governor-General shall terminate the appointment of that member.

(3)   If a part-time member is, without the prior consent of the Chairman, absent from 2 consecutive meetings of the Commission the Governor-General may terminate the appointment of that member.

Clause 21.

The validity of an act done by the Commission shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to have been appointed under section 17 had not arisen or that the appointment under that section had ceased to have effect.

Part VII- Miscellaneous.

House of Representatives amendments-

No. 1- Insert the following new clause: 7a. ( 1 ) The Minister may, by writing under his hand, give directions to the Commission with respect to the exercise of its powers or the performance of its functions but, except as provided by sub-section (2), shall not give such a direction with respect to a particular project.

(2)   The Minister may give a direction to the Commission with respect to a film, or proposed film, of a kind referred to in sub-paragraph 5 ( 1 ) (b) (i), (ii) or (iii).

(3)   Where the Minister gives a direction under this section, he shall, within15 sitting days after giving that direction, lay before each House of the Parliament a copy of the direction together with his reasons for giving the direction. '.

No. 2- Insert the following new clauses: 8a ( 1 ) For the purpose of carrying out its functions of encouraging the making, promotion, distribution and exhibition of Australian films, the Commission or an authorized person may serve, either personally or by post, on-

(a)   a foreign corporation or trading corporation formed within the limits of Australia that carries on the business of exhibiting films in a theatre or theatres in Australia; or

(b)   any other person who carries on the business of exhibiting films in a theatre or theatres in Australia, a requirement in writing in accordance with this section.

(2)   A requirement referred to in sub-section ( 1 ) shall-

(a)   specify-

(i)   the period to which it relates, being a period commencing not earlier than the date on which the requirement is served; and

(   ii ) the theatre or theatres to which it relates; and

(b)   require that-

(i)   a specified proportion of the number of short films exhibited by the person on which or on whom the requirement is served in the specified theatre or theatres during the specified period the films certified by the Commission to be Australian short films; or

(ii)   a specified proportion of the time devoted to the exhibition of short films by that person in the specified theatre or theatres during the specified period be devoted to the exhibition of films certified by the Commission to be Australian short films.

(3   ) A requirement referred to in sub-section ( 1 ) may be so expressed as to include both a requirement of the kind referred to in sub-paragraph (2) (b) (i) and a requirement of the kind referred to in sub-paragraph (2) (b) (ii).

(4)   A person shall comply with a requirement served on him under sub-section ( 1 ).

Penalty: $200

(5)   lt is a defence if a person charged with an offence under sub-section (4) proves that he had a reasonable excuse relating to the availability of Australian short films for not complying with the requirement to which the offence relates.

(6)   A requirement shall not be made under this section unless there is in force a regulation declaring that such requirements may be made on or after a specified date and such a requirement shall not be made before the specified date.

(7)   The regulations may make provision, not inconsistent with this section, with respect to any matter in relation to the exercise of the power to make requirements under this section (which may include provision with respect to the proportions that are to be, or may be, specified in such a requirement), and that power shall not be exercised otherwise than in accordance with any regulations so made and in force. 8b. The Minister shall give such directions to the Commission or an authorized person under section 7a as he thinks necessary for the purpose of ensuring the observance, in the exercise of powers under this section, of the obligations of Australia under the Code of Liberalisation of Current Invisible Operations and the Organisation for Economic Cooperation and Development, and the Commission or the authorized person shall comply with those directions.

No. 3- Insert the following new clauses: 17a. A person having a direct or indirect pecuniary interest in a business or other undertaking involving the making, promotion, distribution or exhibition of films is not eligible-

(a)   to be appointed under section 12 as, or to remain, a full-time member; or

(b)   to be appointed under section 17 to act, or to continue to act, in the place of the Chairman or another full-time member.

No. 4- In Clause 19, sub-clause (2), paragraph (6), insert the following new sub-paragraph- (ia) is not, by virtue of section 17a, eligible to remain as a full-time member;

No. 5- Omit clause 21, insert the following clause:

21.   The validity of an act done by the Commission shall not be questioned in any proceeding on a ground arising from the fact that-

(a)   a person purporting to be appointed under section 1 2 or 17 was, by virtue of section 17a, not eligible to have been so appointed; or

(   b) the occasion for the appointment of a person purporting to have been appointed under section 1 7 had not arisen or that the appointment under that section had ceased to have effect.

No. 6- Insert in Part VII the following clause- 36a. ( 1 ) Subject to sub-section (2), the Commission is not subject to taxation under any law of Australia or of a State or Territory.

(2)   The regulations may provide that sub-section ( 1 ) does not apply in relation to taxation under a specified law.







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