Film Act 2001

to establish Film Victoria; and

to establish the Australian Centre for the Moving Image; and

to repeal the Cinemedia Corporation Act 1997 and to abolish the Cinemedia Corporation established under that Act.

This Part and sections 44, 45 and 54 come into operation on the day after the day on which this Act receives the Royal Assent.

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

If a provision referred to in subsection (2) does not come into operation before 1 July 2002, it comes into operation on that day.

to establish Film Victoria to provide strategic leadership and assistance to the film, television and multimedia industry of Victoria to encourage innovation and the creation of new projects of high quality that are of economic or cultural benefit to Victoria; and

to establish the Australian Centre for the Moving Image to feature and exhibit film, television and multimedia programs and to promote public education in relation to screen content and culture.

There is established by this Act a body by the name of Film Victoria.

Film Victoria—

is a body corporate with perpetual succession;

has a common seal;

may sue or be sued in its corporate name;

may acquire, hold and dispose of real and personal property;

may do and suffer all acts and things that a body corporate may by law do and suffer.

The common seal of Film Victoria must be kept as directed by Film Victoria and must not be used except as authorised by Film Victoria.

All courts must take judicial notice of the seal of Film Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

to provide financial and other assistance to the film, television and multimedia industry in Victoria;

to promote, whether in Victoria or elsewhere, the use of locations or services in Victoria for the production of any film, television or multimedia project;

to provide financial assistance, whether in Victoria or elsewhere, to organisations, events or activities including festivals, conferences, publications or exhibitions, where film or other screen-based programs are made, seen or discussed;

to establish and facilitate, whether in Victoria or elsewhere, relationships for the development of film, television or multimedia programs;

to provide leadership to the film, television and multimedia industry in Victoria;

to develop strategic plans for the development and improvement of the film, television and multimedia industry in Victoria;

to advise the Minister on matters relating to the film, television and multimedia industry in Victoria;

to develop relationships or enter into partnerships with other organisations, including government bodies, whether in Victoria or elsewhere, to improve the film, television and multimedia industry in Victoria;

any other functions conferred on Film Victoria by another Act.

Film Victoria has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

Without limiting subsection (1), Film Victoria may, in connection with the performance of its functions—

enter into contracts, agreements or arrangements with any person or body and do everything, including the payment of money, that is necessary or expedient for carrying the contracts, agreements or arrangements into effect;

acquire, hold and dispose of real or personal property;

be a member of a body corporate, association, partnership, trust or other body;

form, or participate in the formation of, a body corporate, association, partnership, trust or other body;

enter into a joint venture with another person or other persons;

do all things necessary or convenient to be done for, or in connection with, a joint venture in the performance of its functions;

accept gifts, grants, bequests and devises made to it and act as trustee of money or other property vested in it on trust;

lend or grant money on any terms and conditions that it thinks fit;

provide consultancy and project management services;

acquire, or enter into agreements or arrangements with respect to the acquisition of, the copyright, or an interest in the copyright, in any film television or multimedia program;

charge and receive fees fixed by Film Victoria in respect of any services supplied by Film Victoria.

In the exercise of its powers and performance of its functions, Film Victoria is subject to—

the direction and control of the Minister; and

without limiting paragraph (a), any direction given by the Minister in writing in relation to the making of a loan or grant of money, or a class of loans or grants of money, specified in the direction.

A direction under this section may include a direction that a loan or grant of money or a class or classes of loans or grants of money specified in the direction be approved by the Minister.

As soon as possible after giving a direction in writing to Film Victoria, the Minister must cause a copy of the direction to be published in the Government Gazette.

Film Victoria must include in the annual report of operations a copy of each direction given to it in writing by the Minister during the year to which the report relates.

the members constituting a committee of Film Victoria, if the committee includes 2 or more members of Film Victoria; or

the Chief Executive Officer; or

any of its members; or

any member of its staff—

Film Victoria shall consist of not more than 11 members and not fewer than 7 members appointed by the Governor in Council on the recommendation of the Minister.

In making a recommendation under subsection (1) the Minister must ensure that—

the majority of members are to be chosen from persons who, in the opinion of the Minister, are experienced in the film, television or multimedia industry; and

the remaining members are to be chosen from persons who, in the opinion of the Minister, are experienced in business administration or another field appropriate to the functions of Film Victoria.

The Governor in Council must appoint a member of Film Victoria to be President of Film Victoria.

A person appointed under subsection (3)—

is to be appointed for a term not exceeding 3 years;

is eligible for re-appointment;

ceases to hold his or her position if he or she ceases to be a member of Film Victoria.

prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or

make void the member's election to the Legislative Council or Legislative Assembly; or

prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or

subject the member to liability to a penalty under the Constitution Act 1975.