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Appendix 1 Enabling legislation

Section 6 of the Screen Australia Act 2008 lists the functions of Screen Australia as:

1. The functions of Screen Australia are to:
a) support and promote the development of a highly creative, innovative and commercially sustainable Australian screen production industry; and

b) support or engage in:
(i) the development, production, promotion and distribution of Australia’s programs; and
(ii) the provision of access to Australian programs and other programs; and

c) support and promote the development of screen culture in Australia; and

d) 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 Screen Australia 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) providing guarantees;

c) commissioning or sponsoring programs or other activities;

d) providing services, facilities, programs and equipment.

Considerations governing the performance of functions

3. In performing its functions Screen Australia is, as far as practicable, to:

a) ensure the development of a diverse range of Australian programs that deal with matters of national interest or importance to Australians, or that illustrate or interpret aspects of Australia or the life of activities of Australian people; and

b) place an emphasis on:

(i) documentaries; and

(ii) programs of interest or relevance to children; and

(iii) programs with a high level of artistic and cultural merit; and

c) promote the open market as the primary means of support for projects with commercial potential; and

d) promote the development of commercially focused screen production businesses; and

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

Screen Australia may charge fees

4. Screen Australia may charge fees for things done in performing its functions.

Screen Australia may cooperate with others

5. Screen Australia 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 Screen Australia were confined to powers and functions that were to be exercised and performed:

a) so far it is appropriate for those powers and functions to be exercised and performed by Screen Australia 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 of Australia, to authorise Screen Australia to exercise powers and perform functions; and

c) in relation to expenditure of money that is available for the purposes of Screen Australia in accordance with an appropriation made by the Parliament and

d) in relation to trade and commerce with other counties, 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 in relation

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