Filming Approval Act 2014
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Filming Approval Act 2014
No. 51 of 2014
TABLE OF PROVISIONS
Section Page
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Exemptions 5
5 Application of film friendly principles 5
6 Film friendly guidelines 5
7 Appointed days—Councils 7
8 Effect of film friendly principles 7
9 Consequential amendments 8
__________________
SCHEDULES 9
SCHEDULE 1—Film Friendly Principles 9
1 Principle 1—Approvals 9
2 Principle 2—Timeliness 9
3 Principle 3—Reasons for refusal 9
4 Principle 4—Point of contact 10
5 Principle 5—Standard forms 10
6 Principle 6—Fees 10
7 Principle 7—Accessible information 10
8 Principle 8—Staff training 11
SCHEDULE 2—Consequential Amendments 12
1 Cemeteries and Crematoria Act 2003 12
2 Crown Land (Reserves) Act 1978 12
3 Film Act 2001 13
4 Forests Act 1958 13
5 Geelong Performing Arts Centre Trust Act 1980 14
6 Land Act 1958 14
7 Libraries Act 1988 15
8 Local Government Act 1989 15
9 Melbourne and Olympic Parks Act 1985 16
10 Melbourne Cricket Ground Act 2009 17
11 Museums Act 1983 17
12 National Gallery of Victoria Act 1966 18
13 National Parks Act 1975 18
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14 Port Management Act 1995 19
15 Road Management Act 2004 19
16 Road Safety Act 1986 20
17 Royal Botanic Gardens Act 1991 20
18 State Sport Centres Act 1994 21
19 Transport Integration Act 2010 21
20 Victoria Racing Club Act 2006 22
21 Victorian Arts Centre Act 1979 22
22 Wildlife Act 1975 23
23 Zoological Parks and Gardens Act 1995 24
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ENDNOTES 25
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Authorised Version
1
Filming Approval Act 2014†
No. 51 of 2014
[Assented to 12 August 2014]
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are—
(a) to establish and promote film friendly
principles for the issuing of film permits by
public agencies; and
(b) to reduce red tape by establishing a
consistent approach to the approval of film
permits; and
(c) to provide for the making of film friendly
guidelines; and
Victoria
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(d) to facilitate the approval of film permits by
public agencies.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 March 2015, it comes into
operation on that day.
3 Definitions
In this Act—
commercial filming means recording images by
film, video, digital or other technology to
broadcast or publicly exhibit for commercial
purposes, but does not include photography;
committee of management means a committee of
management appointed under the Crown
Land (Reserves) Act 1978;
Council has the same meaning as in the Local
Government Act 1989;
Court Services Victoria has the same meaning as
in the Court Services Victoria Act 2014;
Department Head has the same meaning as in the
Public Administration Act 2004;
film friendly guidelines means any guidelines
made under section 6;
film friendly principles means the principles set
out in Schedule 1;
film permit means a permit, licence, approval or
other authority issued by a public agency to
conduct commercial filming on public land;
s. 2
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Film Victoria has the same meaning as in the
Film Act 2001;
filming approval legislation means—
(a) the Cemeteries and Crematoria Act
2003; and
(b) the Crown Land (Reserves) Act 1978;
and
(c) the Forests Act 1958; and
(d) the Geelong Performing Arts Centre
Trust Act 1980; and
(e) the Land Act 1958; and
(f) the Libraries Act 1988; and
(g) the Local Government Act 1989; and
(h) the Melbourne and Olympic Parks
Act 1985; and
(i) the Melbourne Cricket Ground Act
2009; and
(j) the Museums Act 1983; and
(k) the National Gallery of Victoria Act
1966; and
(l) the National Parks Act 1975; and
(m) the Port Management Act 1995; and
(n) the Road Management Act 2004; and
(o) the Road Safety Act 1986; and
(p) the Royal Botanic Gardens Act 1991;
and
(q) the State Sport Centres Act 1994; and
(r) the Transport Integration Act 2010;
and
s. 3
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(s) the Victoria Racing Club Act 2006;
and
(t) the Victorian Arts Centre 1979; and
(u) the Wildlife Act 1975; and
(v) the Zoological Parks and Gardens
Act 1995;
public agency means—
(a) a committee of management; or
(b) a Council; or
(c) Court Services Victoria; or
(d) a Department Head; or
(e) a Minister; or
(f) a public entity; or
(g) the Secretary to the Department of
Environment and Primary Industries
being the body corporate established by
Part 2 of the Conservation, Forests
and Lands Act 1987; or
(h) a trust established by legislation to
manage Crown land; or
(i) Victoria Racing Club Limited
A.C.N. 119 214 078;
public entity has the same meaning as in the
Public Administration Act 2004;
public land means—
(a) Crown land; or
(b) land owned by or vested in a public
agency.
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4 Exemptions
(1) Subject to subsection (2), this Act applies to
public agencies.
(2) On the recommendation of the Minister, the
Governor in Council, by Order published in the
Government Gazette, may exempt a public agency
from any requirements of this Act.
(3) An Order in Council made under subsection (2)
may be subject to any terms or conditions.
5 Application of film friendly principles
So far as it is possible to do so consistently with
the filming approval legislation, a public agency
must comply with the film friendly principles
when performing any functions or duties or
exercising any powers under the filming approval
legislation in relation to commercial filming on
public land.
6 Film friendly guidelines
(1) The Minister may make guidelines in relation to
the film friendly principles.
(2) Without limiting subsection (1), guidelines may
be made for or with respect to any of the
following matters—
(a) the promotion and facilitation of the film
friendly principles across public agencies;
(b) any matters that may be taken into account
by public agencies when considering an
application for a film permit;
(c) how public agencies may receive, consider
and approve or refuse applications for film
permits in a timely manner, including
requesting further information from
applicants;
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(d) how public agencies may effectively notify
persons who apply for film permits, request
further information from applicants and
approve or refuse applications consistently
with the film friendly principles;
(e) examples of grounds or criteria on which a
public agency may refuse an application for
a film permit, being grounds or criteria that
may or may not be consistent with the film
friendly principles;
(f) examples of terms and conditions that a
public agency may apply to the approval of a
film permit, either generally or in specific
circumstances or locations;
(g) guidance as to how public agencies may
provide information to film permit
applicants, including the publication of
application forms, application processing
times, fees, contact details and the
availability of locations for commercial
filming;
(h) information about the different types of
public land that will assist public agencies in
considering applications for film permits on
that land;
(i) information regarding how public agencies
may share information in order to facilitate
commercial filming involving more than one
public agency.
(3) The Minister must ensure that a notice of the
making of guidelines under this section is
published in the Government Gazette.
(4) The notice of the making of guidelines must
specify where a person may obtain a copy of the
guidelines.
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(5) The guidelines take effect on the day the notice is
published in the Government Gazette or on a later
date specified in the notice.
7 Appointed days—Councils
(1) The Minister, by notice published in the
Government Gazette, may appoint a day or days
on which the provisions of this Act relating to
Councils apply to all Councils or any specified
group of Councils.
(2) Despite anything to the contrary in this Act, a
provision of this Act relating to Councils only
applies to a Council on and after the appointed
day applying to that Council.
(3) Despite anything to the contrary in the Local
Government Act 1989, the amendments made to
that Act by this Act only apply in relation to a
Council and the local laws of a Council on and
after the appointed day applying to that Council.
(4) In this section—
appointed day means the earlier of—
(a) the day specified in a notice under
subsection (1); or
(b) 1 March 2016.
8 Effect of film friendly principles
The Parliament does not intend by the requirement
of public agencies to comply with the film
friendly principles to create in any person any
legal right or to give rise to any civil cause of
action.
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9 Consequential amendments
On the coming into operation of an item in
Schedule 2, the Act specified in the heading to
that item is amended as set out in that item.
__________________
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SCHEDULES
SCHEDULE 1
FILM FRIENDLY PRINCIPLES
1 Principle 1—Approvals
1.1 A public agency that receives an application for a
film permit must not unreasonably withhold the
approval of that application, subject to this Act
and any other Act.
1.2 The approval of an application for a film permit is
unreasonably withheld if a public agency does not
attempt to address its concerns by giving approval
subject to terms and conditions, or does not take
reasonable steps to work with the applicant to
identify alternative locations for filming.
1.3 Approval is subject to any requirements of a
public agency to consider public amenity, safety
and security, and environmental and heritage
impacts.
1.4 Approval is also subject to any operational
requirements of a public agency, including
commercial agreements and the maintenance of
any land or facilities.
2 Principle 2—Timeliness
2.1 A public agency must approve or refuse an
application for a film permit in a timely manner.
2.2 A public agency must take reasonable steps to
respond to an applicant within 5 business days.
3 Principle 3—Reasons for refusal
3.1 A public agency that refuses to approve an
application for a film permit must give reasons to
the applicant for the refusal.
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4 Principle 4—Point of contact
4.1 A public agency must take reasonable steps to
provide a single point of contact to deal with
commercial filming on public land.
5 Principle 5—Standard forms
5.1 A public agency must ensure that any application
forms and other documents required by the public
agency to consider an application for a film permit
are consistent with any standard forms or
documents issued by Film Victoria.
5.2 If an application form or other document used by
a public agency is different from a standard form
or document issued by Film Victoria, the form or
document must not request any information from
an applicant that is not necessary to consider the
application.
5.3 This principle does not apply to forms and other
documents that are prescribed by regulations or
are required by an Order in Council.
6 Principle 6—Fees
6.1 Unless specifically authorised by another Act, fees
charged by a public agency for applications for
film permits and issuing film permits must not
exceed cost recovery.
6.2 In relation to fees for applications for film permits
and issuing film permits that are not set by
regulations or by an Order in Council, a public
agency must have regard to the broader economic
benefits that commercial filming will bring to the
community when setting the fees.
7 Principle 7—Accessible information
7.1 A public agency that has the power to issue film
permits must publish information about how a
person may apply for a film permit on its website
or on a website approved by Film Victoria.
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7.2 A public agency must publish on its website or on
a website other than the agency's website any
other relevant information regarding these
principles on the request of Film Victoria.
8 Principle 8—Staff training
8.1 A public agency must take reasonable steps to
ensure that staff responsible for considering and
issuing film permits are given appropriate
information regarding the film industry.
__________________
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SCHEDULE 2
CONSEQUENTIAL AMENDMENTS
1 Cemeteries and Crematoria Act 2003
1.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
1.2 After section 3 insert—
"3A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
1.3 After section 180(3) insert—
"(4) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
2 Crown Land (Reserves) Act 1978
2.1 In section 3 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
2.2 After section 3B insert—
"3C Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
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2.3 After section 13(9) insert—
"(10) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
3 Film Act 2001
3.1 In section 7(h), for "Victoria." substitute
"Victoria;".
3.2 After section 7(h) insert—
"(i) any other functions conferred on Film
Victoria by another Act.".
4 Forests Act 1958
4.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
4.2 After section 3B insert—
"3C Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
4.3 After section 99A(2) insert—
"(3) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
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5 Geelong Performing Arts Centre Trust Act 1980
5.1 In section 2 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
5.2 After section 2 insert—
"2A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
5.3 At the end of section 19 insert—
"(2) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
6 Land Act 1958
6.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
6.2 After section 4C insert—
"5 Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
6.3 After section 413(3) insert—
"(4) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
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7 Libraries Act 1988
7.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
7.2 After section 4 insert—
"5 Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
7.3 After section 52(2) insert—
"(3) Any by-laws made under this section for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
7.4 After section 53(2) insert—
"(2A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
8 Local Government Act 1989
8.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
8.2 After section 3AA insert—
"3AB Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
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8.3 After section 111(4A) insert—
"(4B) A local law for or with respect to the issuing
of film permits must not be inconsistent with
the film friendly principles.
(4C) A local law for or with respect to the issuing
of film permits is inoperative to the extent
that it is inconsistent with the film friendly
principles.".
8.4 After section 243(8) insert—
"(8A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
9 Melbourne and Olympic Parks Act 1985
9.1 In section 4 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
9.2 After section 4 insert—
"4A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
9.3 After section 22(2) insert—
"(2A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
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10 Melbourne Cricket Ground Act 2009
10.1 In section 3 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
10.2 After section 3 insert—
"3A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
10.3 After section 33(2) insert—
"(2A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
11 Museums Act 1983
11.1 In section 2 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
11.2 After section 2 insert—
"3 Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
11.3 After section 31(2) insert—
"(2A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
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11.4 After section 31A(2) insert—
"(3) Any by-laws made under this section for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
12 National Gallery of Victoria Act 1966
12.1 In section 4(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
12.2 After section 4A insert—
"4B Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
12.3 At the end of section 19 insert—
"(2) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
13 National Parks Act 1975
13.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
13.2 After section 4B insert—
"4C Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
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13.3 After section 48(4A) insert—
"(4B) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
14 Port Management Act 1995
14.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
14.2 After section 3A insert—
"3B Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
14.3 After section 98(2) insert—
"(3) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
15 Road Management Act 2004
15.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
15.2 After section 5A insert—
"5B Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
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15.3 After section 132(10) insert—
"(10A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
16 Road Safety Act 1986
16.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
16.2 After section 3B insert—
"3C Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
16.3 After section 95(9) insert—
"(9A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
17 Royal Botanic Gardens Act 1991
17.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
17.2 After section 3 insert—
"3A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
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17.3 After section 51(2) insert—
"(2A) Any regulations made or having effect under
this Act for or with respect to the issuing of
film permits must not be inconsistent with
the film friendly principles.".
18 State Sport Centres Act 1994
18.1 In section 3 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
18.2 After section 3 insert—
"4 Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
18.3 After section 32(2) insert—
"(2A) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
18.4 After section 33(2) insert—
"(3) Any by-laws made under this section for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
19 Transport Integration Act 2010
19.1 In section 3 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
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19.2 After section 4 insert—
"4A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
19.3 After section 198(2) insert—
"(3) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
20 Victoria Racing Club Act 2006
20.1 In section 3 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
20.2 After section 3 insert—
"3A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
20.3 After section 20(4) insert—
"(5) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be in consistent with the film
friendly principles.".
21 Victorian Arts Centre Act 1979
21.1 In section 3 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
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21.2 After section 3B insert—
"3C Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
21.3 At the end of section 19 insert—
"(2) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
22 Wildlife Act 1975
22.1 In section 3(1) insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
22.2 After section 4 insert—
"4A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
22.3 After section 16A(3) insert—
"(4) Any regulations made under subsection (3)
for or with respect to the issuing of film
permits must not be inconsistent with the
film friendly principles.".
22.4 After section 87(8) insert—
"(9) Any regulations made under this section for
or with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
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23 Zoological Parks and Gardens Act 1995
23.1 In section 3 insert the following definitions—
"film friendly principles has the same meaning as
in the Filming Approval Act 2014;
film permit has the same meaning as in the
Filming Approval Act 2014;".
23.2 After section 4 insert—
"4A Filming Approval Act 2014
This Act is filming approval legislation
within the meaning of the Filming Approval
Act 2014.".
23.3 After section 41(2) insert—
"(3) Any regulations made under this Act for or
with respect to the issuing of film permits
must not be inconsistent with the film
friendly principles.".
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Authorised by the Chief Parliamentary Counsel
ENDNOTES
† Minister's second reading speech—
Legislative Council: 3 April 2014
Legislative Assembly: 28 May 2014
The long title for the Bill for this Act was "A Bill for an Act to establish
film friendly principles for the approval of film permits by public
agencies, to provide for the making of film friendly guidelines and to
make consequential amendments to other Acts and for other purposes."
Endnotes
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