Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN FILM, TELEVISION AND RADIO SCHOOL AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 292

Section 51 of the Australian Film, Television and Radio School Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 5(1)(g) of the Act provides for the Australian Film, Television and Radio School (the School):

"to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the School as are provided for by the regulations;".

Regulation 4 of the Australian Film, Television and Radio School Regulations 1986 (the Principal Regulations) lists the degrees, diplomas and certificates that may be awarded by the School. However, the School has awarded additional degrees, diplomas and certificates which have not been reflected in the Principal Regulations due to administrative oversight.

The purpose of Regulations is to add the following degrees, diplomas and certificates to the list of degrees, diplomas and certificates conferred for the purposed of paragraph 5(1)(g) of the Act:

•       Certificate in 3D Animation;

•       Certificate in Titles and Broadcast Design;

•       Degree of Master of Arts, Honours: Film and Television;

•       Graduate Diploma: Commercial Radio Broadcasting;

•       Graduate Certificate in Commercial Radio Programming.

•       Degree of Master of Arts: Film and Television Honorary Degree; and

•       Certificate in Art Direction.

For the purposes of legal certainty, not only for the School but for those persons who have already received awards, the amendments to Regulation 4 would be made retrospective to the date on which the School commenced to make each of these awards.

The Australian Government Solicitor has confirmed that subsection 48(2) of the Acts Interpretation Act 1901 will not have any application in respect of the proposed amendments to the AFTRS Regulations. That is, while the proposed regulations would have retrospective effect, they would not:

-       affect the rights of a person, as at the date of notification of the Regulations in the Gazette, so as to disadvantage that person; or

-       impose on a person any liability in respect of anything done or omitted to be done before the date of such notification.