Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN FILM, TELEVISION AND RADIO SCHOOL (AMENDMENT AND REPEAL) REGULATIONS 2011 (NO. 1) (SLI NO 180 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 180

Issued by the Minister for the Arts

Australian Film, Television and Radio School Act 1973

Acts Interpretation Act 1901

Australian Film, Television and Radio School (Amendment and Repeal) Regulations 2011 (No. 1)

This explanatory statement relates to an instrument made pursuant to the Australian Film, Television and Radio School Act 1973 (the Act) entitled Australian Film, Television and Radio School (Amendment and Repeal) Regulations 2011 (No. 1). The purpose of the instrument to which this statement relates is to amend the Australian Film, Television and Radio School Regulations 1986 (the Regulations) and repeal the Australian Film, Television and Radio School Amendment Regulations 2003 (No 1) SR 2003 No. 292 (Statutory Rule 2003, No. 292) and Australian Film, Television and Radio School Regulations (Amendment) SR 1995 No. 131 (Statutory Rule 1995, No. 131).

Legislative Authority

Section 51 of the Australian Film, Television and Radio School Act 1973 (the Act) provides for the Governor-General to make regulations required or permitted by the Act or that are necessary or convenient to be prescribed for the carrying out or giving effect to the Act.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Reason for Amendment and Repeal

In February 2009 the Government announced in the Updated Economic and Fiscal Outlook that it would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) in order to document those regulations which impose net costs on business and identify the scope to improve regulatory efficiency. The Department of Finance and Deregulation was tasked with the co-ordination of the Review on the Government's behalf.

The Review identified legislative instruments administered within the Arts portfolio including all instruments relating to the Act. The Act provides for the operations of the Australian Film, Television and Radio School, including the award courses that can be offered (ie. degrees, diplomas and certificates). The Review recommended that the Regulations be amended to exclude provisions concerning award courses that are no longer relevant.

Regulation 4 in the Regulations provided which degrees, diplomas and certificates the school could award. However, that regulation is redundant as it was based on a previous provision in the Act which required the Regulations to prescribe the awards.  The Act was amended in 2005 to allow the school Council to determine these courses by disallowable instrument instead of amendment by the Regulations.  The School has since made a number of relevant determinations.

Statutory Rule 2003, No. 29 and Statutory Rule 1995, No. 131 were not identified by the Review as being redundant or recommended for revocation. However, as these amending regulations contain provisions that relate to Regulation 4 they will no longer be needed once regulation 4 is omitted by this instrument and therefore, for consistency, will also be repealed as they are redundant.

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