Document ID: chunk:federal_register_of_legislation:C2004A00962:clause:1_6:p5
Version: federal_register_of_legislation:C2004A00962
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 5/6)
Character Range: 31880–34743

the findings on material questions of fact; and
 (b) referring to the evidence or other material on which those findings were based; and
 (c) giving the reasons for the decision;
except where subsection 28(4) of that Act applies.

 (5) If the *Arts Minister fails to comply with subsection (3) or (4), that failure does not affect the validity of his or her decision.

376‑100  Review of decisions by the Administrative Appeals Tribunal

  Applications may be made to the *AAT for review of:
 (a) a decision made by the *Arts Minister to refuse an application for a certificate under section 376‑15; or
 (b) a decision made by the Arts Minister under section 376‑90 to revoke a certificate.

376‑105  Minister may make rules

Rules establishing the Film Certification Advisory Board

 (1) The *Arts Minister may make rules:
 (a) establishing a Film Certification Advisory Board to:
 (i) consider applications under section 376‑75 and advise the Minister on whether to issue certificates under section 376‑15; and
 (ii) perform such other functions in relation to the operation of this Division as are specified in the rules; and
 (b) specifying the membership of the Board and the terms and conditions of appointment to the Board; and
 (c) specifying procedures to be followed by the Board in performing its functions.

Rules providing for provisional certificates

 (2) The *Arts Minister may make rules providing for the issue of provisional certificates.

Rules about applications

 (3) The *Arts Minister may make rules specifying how applications for certificates (including provisional certificates) are to be made, including:
 (a) the form in which applications are to be made; and
 (b) the information to be provided in applications; and
 (c) methods for verifying such information; and
 (d) procedures for providing, at the Minister's request, additional information in support of an application.

 (4) Rules under paragraph (3)(c) can include rules requiring reports by auditors or independent line producers.

 (5) The rules must be in writing.

 (6) Rules made under subsection (1), (2) or (3) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

Subdivision 376‑E—Review of operation of this Division

376‑110  Review of operation of this Division

 (1) The *Arts Minister must cause a review of the operation of this Division to be conducted and completed before 4 September 2006.

 (2) The review:
 (a) must include:
 (i) an evaluation of the success of the *tax offset provided for by this Division as an incentive for attracting high quality, high budget film production to Australia, taking into account the net cost of the offset; and
 (ii) an assessment of the impact of the tax offset on the Australian film production industry (including an assessment of the opportunities it generates for