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National Film and Sound Archive Bill 2008

Part 2 National Film and Sound Archive

   

5   Establishment

             (1)  The National Film and Sound Archive is established by this section.

             (2)  The National Film and Sound Archive:

                     (a)  is a body corporate; and

                     (b)  must have a seal; and

                     (c)  may acquire, hold and dispose of real and personal property; and

                     (d)  may sue and be sued.

Note:          The Commonwealth Authorities and Companies Act 1997 applies to the National Film and Sound Archive. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

             (3)  The seal of the National Film and Sound Archive is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.

             (4)  All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the seal of the National Film and Sound Archive appearing on a document; and

                     (b)  presume that the document was duly sealed.

6   Functions

Functions

             (1)  The functions of the National Film and Sound Archive are to:

                     (a)  develop, preserve, maintain, promote and provide access to a national collection of programs and related material; and

                     (b)  support and promote the collection by others of programs and related material in Australia; and

                     (c)  support, promote or engage in:

                              (i)  the preservation and maintenance of programs and related material that are not in the national collection; and

                             (ii)  the provision of access to programs and related material that are not in the national collection; and

                     (d)  support and promote greater understanding and awareness in Australia of programs; and

                     (e)  undertake any other function conferred on it by any other law of the Commonwealth.

Ways in which support may be provided

             (2)  The ways in which the National Film and Sound Archive may provide support as mentioned in subsection (1) include (but are not limited to) doing any of the following:

                     (a)  providing financial assistance (whether by way of loan, grant, investment or otherwise and whether on commercial terms or otherwise);

                     (b)  commissioning or sponsoring programs or other activities;

                     (c)  providing services, facilities, programs or equipment;

but does not include providing guarantees.

Considerations governing the performance of functions

             (3)  In performing its functions, the National Film and Sound Archive is, as far as practical, to:

                     (a)  place an emphasis on the historical and cultural significance of programs and related material; and

                     (b)  use every endeavour to make the most advantageous use of the national collection in the national interest; and

                     (c)  apply the highest curatorial standards; and

                     (d)  promote the efficient, effective and ethical use of public resources.

National Film and Sound Archive may charge fees

             (4)  The National Film and Sound Archive may charge fees for things done in performing its functions.

National Film and Sound Archive may cooperate with others

             (5)  The National Film and Sound Archive may perform its functions alone or together with other persons.

Severability

             (6)  Without limiting its effect apart from this subsection, this Act also has the effect it would have if the powers and functions of the National Film and Sound Archive were confined to powers and functions that were to be exercised and performed:

                     (a)  in so far as it is appropriate for those powers and functions to be exercised and performed by the National Film and Sound Archive on behalf of the Government of the Commonwealth as the national Government of Australia; and

                     (b)  for purposes for which it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the National Film and Sound Archive to exercise powers and perform functions; and

                     (c)  in relation to expenditure of money tha t is available for the purposes of the National Film and Sound Archive in accordance with an appropriation made by the Parliament; and

                     (d)  in relation to trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and

                     (e)  in relation to postal, telegraphic, telephonic, and other like services; and

                      (f)  in relation to the collection of statistics; and

                     (g)  in relation to external affairs; and

                     (h)  in relation to a Territory; and

                      (i)  in relation to the executive power of the Commonwealth; and

                      (j)  in relation to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

7   Powers

             (1)  The National Film and Sound Archive has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  The National Film and Sound Archive’s powers include, but are not limited to, the following powers:

                     (a)  to accept gifts, devises, bequests and assignments (whether on trust or otherwise);

                     (b)  to act as trustee of money, programs or other property vested in the National Film and Sound Archive on trust;

                     (c)  to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to programs or to matters connected with programs;

                     (d)  to do anything incidental to any of its functions.

             (3)  Despite anything contained in this Act, any money, programs or other property held by the National Film and Sound Archive on trust must be dealt with in accordance with the obligations of the National Film and Sound Archive as trustee of the trust.