Screen Australia and the National Film and Sound Archive of Australia (Consequential and Transitional Provisions) Act 2008 (Cth)

Screen Australia and the National Film and Sound Archive of Australia (Consequential and Transitional Provisions) Act 2008 No. 13, 2008 Compilation No. 3 Compilation date: 5 March 2016 Includes amendments up to: Act No. 126, 2015 Registered: 11 May 2016 About this compilation This compilation This is a compilation of the Screen Australia and the National Film and Sound Archive of Australia (Consequential and Transitional Provisions) Act 2008 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) 4 Extended geographic application of this Act Schedule 1—Repeal and consequential amendments Part 1—Repeal of the Australian Film Commission Act 1975 Australian Film Commission Act 1975 Part 2—Consequential amendments Australian Film, Television and Radio School Act 1973 Income Tax Assessment Act 1997 Schedule 2—Transitional provisions Part 1—Introduction Part 2—Assets and liabilities of AFC, FAL and FFC Part 3—Office holders of AFC, FAL and FFC Part 4—Staff of AFC, FAL and FFC Division 1—Staff of AFC Division 2—Staff of FAL and FFC Division 3—Other matters relating to staff Part 5—Things done by, references in instruments to, legal proceedings of and records of AFC, FAL and FFC Division 1—AFC Division 2—FAL and FFC Part 6—Annual reports, returns etc. of AFC, FAL and FFC Part 7—Appointment of first CEO of Screen Australia and NFSAA Part 8—Other transitional matters Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to deal with transitional and consequential matters in connection with the Screen Australia Act 2008 and the National Film and Sound Archive of Australia Act 2008, and for related purposes 1 Short title This Act may be cited as the Screen Australia and the National Film and Sound Archive of Australia (Consequential and Transitional Provisions) Act 2008. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 20 March 2008 2. Schedule 1 At the same time as subsection 5(1) of the Screen Australia Act 2008 commences. 1 July 2008 3. Schedule 2 The day on which this Act receives the Royal Assent. 20 March 2008 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Extended geographic application of this Act (1) This Act extends to every external Territory. (2) This Act applies both within and outside Australia. Schedule 1—Repeal and consequential amendments Part 1—Repeal of the Australian Film Commission Act 1975 Australian Film Commission Act 1975 1 The whole of the Act Repeal the Act. Part 2—Consequential amendments Australian Film, Television and Radio School Act 1973 2 At the end of Part VI Add: 35A Long service leave for the School's employees The Long Service Leave (Commonwealth Employees) Act 1976 applies to a person employed by the School under section 34 of this Act as if the person were engaged under the Public Service Act 1999. Income Tax Assessment Act 1997 3 Subsection 376‑55(3) Omit all the words after "means", substitute "Screen Australia". 4 After subparagraph 376‑170(4)(a)(iv) Insert: (v) Screen Australia; Schedule 2—Transitional provisions Part 1—Introduction 1 Definitions In this Schedule: AFC means the Australian Film Commission established by subsection 4(1) of the Australian Film Commission Act 1975. AFTRS means the Australian Film, Television and Radio School established by subsection 4(1) of the Australian Film, Television and Radio School Act 1973. asset means: (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and (b) any right, power, privilege or immunity, whether actual, contingent or prospective. FAL means Film Australia Limited (ACN 008 639 316). FFC means Film Finance Corporation Australia Limited (ACN 008 642 564). liability means any liability, duty or obligation, whether actual, contingent or prospective. NFSAA means the National Film and Sound Archive of Australia established by subsection 5(1) of the National Film and Sound Archive of Australia Act 2008. Screen Australia means Screen Australia established by subsection 5(1) of the Screen Australia Act 2008. transition time means the commencement of subsection 5(1) of the Screen Australia Act 2008. Part 2—Assets and liabilities of AFC, FAL and FFC 2 Transfer of assets and liabilities of AFC Application (1) This item applies to assets and liabilities of AFC immediately before the transition time. AFC to Screen Australia (2) Subject to this item, at the transition time, the assets and liabilities cease to be assets and liabilities of AFC and become assets and liabilities of Screen Australia without any conveyance, transfer or assignment. Screen Australia becomes the successor in law in relation to those assets and liabilities. AFC to NFSAA or AFTRS (3) Before the transition time, the Minister may determine, in writing, that some of the assets or liabilities are to become assets or liabilities of NFSAA or AFTRS. (4) If the Minister makes a determination that the assets or liabilities are to become the assets or liabilities of NFSAA, then, at the transition time, the assets or liabilities cease to be assets or liabilities of AFC and become assets or liabilities of NFSAA without any conveyance, transfer or assignment. NFSAA becomes the successor in law in relation to those assets or liabilities. (5) If the Minister makes a determination that the assets or liabilities are to become the assets or liabilities of AFTRS, then, at the transition time, the assets or liabilities cease to be assets or liabilities of AFC and become assets or liabilities of AFTRS without any conveyance, transfer or assignment. AFTRS becomes the successor in law in relation to those assets or liabilities. (6) A determination made under subitem (3) is not a legislative instrument. Assets subject to trust (7) If an asset that has become an asset of Screen Australia, NFSAA or AFTRS under this item was, immediately before the transition time, held by AFC on trust, that asset is taken, at and after the transition time, to be held by the body to which it is transferred on trust and subject to the terms of the trust on which the asset was so held by AFC. 3 Transfer of assets and liabilities of FAL and FFC (1) This item applies to assets and liabilities of FAL and FFC immediately before the transition time. (2) At the transition time, the assets and liabilities cease to be assets and liabilities of FAL and FFC and become assets and liabilities of Screen Australia without any conveyance, transfer or assignment. Screen Australia becomes the successor in law in relation to those assets and liabilities. (3) If an asset that has become an asset of Screen Australia under this item was, immediately before the transition time, held by FAL and FFC on trust, that asset is taken, at and after the transition time, to be held by Screen Australia on trust and subject to the terms of the trust on which the asset was so held by FAL and FFC. 4 Certificates relating to vesting of land (1) This item applies if: (a) any land vests in Screen Australia, NFSAA or AFTRS under item 2 or 3; and (b) there is lodged with a land registration official a certificate that: (i) is signed by the Minister; and (ii) identifies the land, whether by reference to a map or otherwise; and (iii) states that the land has become vested in Screen Australia, NFSAA or AFTRS under this Act. (2) The land registration official may: (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and (b) deal with, and give effect to, the certificate. (3) A certificate made under subitem (1) is not a legislative instrument. (4) In this item: land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated. 5 Certificates for vesting of assets other than land (1) This item applies if: (a) an asset other than land becomes an asset of Screen Australia, NFSAA or AFTRS under item 2 or 3; and (b) there is lodged with an assets official a certificate that: (i) is signed by the Minister; and (ii) identifies the asset; and (iii) states that the asset has become vested in Screen Australia, NFSAA or AFTRS under this Act. (2) The assets official may: (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and (b) make such entries in the register in relation to assets of that kind as are necessary, having regard to the effect of this Part. (3) A certificate made under subitem (1) is not a legislative instrument. (4) In this item: assets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned. 6 Certificates taken to be authentic A document that appears to be a certificate made under item 4 or 5: (a) is taken to be such a certificate; and (b) is taken to have been properly given; unless the contrary is established. 7 Exemption from stamp duty and other State or Territory taxes (1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter. (2) For the purposes of this item, an exempt matter is: (a) the vesting of an asset or liability under item 2 or 3; or (b) the operation of this Schedule in any other respect. (3) The Minister may certify in writing: (a) that a specified matter is an exempt matter; or (b) that a specified thing was connected with a specified exempt matter. (4) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate. (5) A certificate made under subitem (3) is not a legislative instrument. Part 3—Office holders of AFC, FAL and FFC 8 Termination of office holders of FAL and FFC (1) Before the transition time, the Minister may, in writing: (a) terminate the appointment, engagement or employment of any of the following: (i) a director of FAL or FFC; (ii) the Managing Director/Chief Executive of FAL; (iii) the Chief Executive of FFC; and (b) terminate any contract, agreement or other instrument relating to that appointment, engagement or employment; and (c) make provision in relation to a termination under paragraph (a) or (b). Note: The appointment of a member of AFC and the Chief Executive Officer of AFC is terminated at the transition time because of the repeal of the Australian Film Commission Act 1975 (see item 1 of Schedule 1 to this Act). (2) An instrument made under subitem (1) has effect accordingly and takes effect immediately before the transition time. (3) An instrument made under subitem (1) is not a legislative instrument. 9 No transfer of appointment, engagement or employment etc. of office holders (1) Nothing in this Act produces the result that the appointment, engagement or employment of an office holder has effect at or after the transition time as if it were an appointment, engagement or employment of the office holder in relation to Screen Australia, NFSAA or AFTRS. (2) Nothing in this Act produces the result that a contract, agreement or other instrument relating to the appointment, engagement or employment of an office holder has effect at or after the transition time as if it were a contract, agreement or instrument made by, or in relation to, Screen Australia, NFSAA or AFTRS. (3) In this item: office holder means the following: (a) a member of AFC; (b) the Chief Executive Officer of AFC; (c) a director of FAL or FFC; (d) the Managing Director/Chief Executive of FAL; (e) the Chief Executive of FFC. Part 4—Staff of AFC, FAL and FFC Division 1—Staff of AFC 10 Non‑APS employees in AFC transferred to Screen Australia as non‑APS employees (1) This item applies to a person who: (a) is an officer appointed, or employee engaged, by AFC under subsection 29(1) of the Australian Film Commission Act 1975 immediately before the transition time; and (b) is not covered by a determination that: (i) is made under section 72 of the Public Service Act 1999; and (ii) causes the person, at the transition time, to become a member of the staff of NFSAA engaged under the Public Service Act 1999. (2) At the transition time, the person ceases to be appointed or engaged by AFC and is taken to have been employed by Screen Australia under subsection 31(2) of the Screen Australia Act 2008. Note: This item does not deal with the transfer of staff of AFC who are APS employees. Those employees will be transferred to Screen Australia, NFSAA or AFTRS by a determination made under section 72 of the Public Service Act 1999. (3) The person is taken to have accrued an entitlement to benefits, in connection with that employment by Screen Australia, that is equivalent to the entitlement that the person had as an officer or employee of AFC immediately before the transition time. (4) The service of the person as an employee of Screen Australia is taken, for all purposes, to be continuous with his or her service as an officer or employee of AFC. 11 Non‑APS employees in AFC transferred to NFSAA as APS employees (1) This item applies to a person who: (a) is an officer appointed, or employee engaged, by AFC under subsection 29(1) of the Australian Film Commission Act 1975 immediately before the transition time; and (b) is covered by a determination that: (i) is made under section 72 of the Public Service Act 1999; and (ii) causes the person, at the transition time, to become a member of the staff of NFSAA engaged under the Public Service Act 1999. (2) The person is taken to have accrued an entitlement to benefits, in connection with becoming a member of the staff of NFSAA engaged under the Public Service Act 1999, that is equivalent to the entitlement that the person had as an officer or employee of AFC immediately before the transition time. (3) The service of the person as a member of the staff of NFSAA engaged under the Public Service Act 1999 is taken, for all purposes, to have been continuous with his or her service as an officer or employee of AFC. 12 APS employees in AFC transferred to AFTRS as employees of AFTRS (1) This item applies to a person who: (a) is a member of the staff of AFC engaged under the Public Service Act 1999 immediately before the transition time; and (b) is covered by a determination made under section 72 of the Public Service Act 1999 that causes the person, at the transition time: (i) to cease to be engaged under the Public Service Act 1999; and (ii) to become an employee of AFTRS under section 34 of the Australian Film, Television and Radio School Act 1973. (2) The person is taken to have accrued an entitlement to benefits, in connection with becoming an employee of AFTRS, that is equivalent to the entitlement that the person had as a member of the staff of AFC engaged under the Public Service Act 1999 immediately before the transition time. (3) The service of the person as an employee of AFTRS is taken, for all purposes, to have been continuous with his or her service as a member of the staff of AFC engaged under the Public Service Act 1999. Division 2—Staff of FAL and FFC 13 Non‑APS employees in FAL or FFC on contract of employment transferred to Screen Australia as non‑APS employees (1) This item applies to a person if: (a) the person is employed by FAL or FFC, on a contract of employment, immediately before the transition time; and (b) Part 11 of, and Schedule 9 to, the Workplace Relations Act 1996 do not apply to the contract of employment; and (c) the person is not covered by a determination that: (i) is made under section 72 of the Public Service Act 1999; and (ii) causes the person, at the transition time, to become a member of the staff of Screen Australia engaged under the Public Service Act 1999. (2) At the transition time, the person ceases to be employed by FAL or FFC and is taken to have been employed by Screen Australia under subsection 31(2) of the Screen Australia Act 2008. (3) The contract of employment continues in force at and after the transition time as if it were a contract of employment between the person and Screen Australia. (4) The person is taken to have accrued an entitlement to benefits, in connection with that employment by Screen Australia, that is equivalent to the entitlement that the person had as an employee of FAL or FFC immediately before the transition time. (5) The service of the person as an employee of Screen Australia is taken, for all purposes, to have been continuous with his or her service as an employee of FAL or FFC. (6) This item does not prevent the contract of employment of the person from being varied after the transition time: (a) in accordance with that contract; or (b) by or under a law, award, determination or agreement. (7) To avoid doubt, this item does not apply to the following: (a) a director of FAL or FFC; (b) the Managing Director/Chief Executive of FAL; (c) the Chief Executive of FFC. (8) In this item: vary, in relation to a contract of employment, includes: (a) omitting any of the terms and conditions of the contract; or (b) adding to the terms and conditions of the contract; or (c) substituting new terms or conditions for any of the terms and conditions of the contract. 14 Non‑APS employees in FAL not on contract of employment transferred to Screen Australia as non‑APS employees (1) This item applies to a person if: (a) the person is employed by FAL immediately before the transition time; and (b) item 13 does not apply to the person; and (c) the person is not covered by a determination that: (i) is made under section 72 of the Public Service Act 1999; and (ii) causes the person, at the transition time, to become a member of the staff of Screen Australia engaged under the Public Service Act 1999. (2) At the transition time, the person ceases to be employed by FAL and is taken to have been employed by Screen Australia under subsection 31(2) of the Screen Australia Act 2008. (3) The person is taken to have accrued an entitlement to benefits, in connection with that employment by Screen Australia, that is equivalent to the entitlement that the person had as an employee of FAL immediately before the transition time. (4) The service of the person as an employee of Screen Australia is taken, for all purposes, to have been continuous with his or her service as an employee of FAL. (5) To avoid doubt, this item does not apply to the following: (a) a director of FAL; (b) the Managing Director/Chief Executive of FAL. 15 Non‑APS employees in FAL or FFC, on a contract of employment or otherwise, transferred to Screen Australia as APS employees (1) This item applies to a person who: (a) is employed by FAL or FFC, on a contract of employment or otherwise, immediately before the transition time; and (b) is covered by a determination that: (i) is made under section 72 of the Public Service Act 1999; and (ii) causes the person, at the transition time, to become a member of the staff of Screen Australia engaged under the Public Service Act 1999. (2) The person is taken to have accrued an entitlement to benefits, in connection with becoming a member of the staff of Screen Australia engaged under the Public Service Act 1999, that is equivalent to the entitlement that the person had as an employee of FAL or FFC immediately before the transition time. (3) The service of the person as a member of the staff of Screen Australia engaged under the Public Service Act 1999 is taken, for all purposes, to have been continuous with his or her service as an employee of FFC and FAL. Division 3—Other matters relating to staff 16 Limited transfer of appointment, engagement or employment etc. of staff (1) Nothing in this Act (except items 10, 13, and 14) produces the result that the appointment, engagement or employment of a person by AFC, FAL or FFC immediately before the transition time has effect at or after the transition time as if it were an appointment, engagement or employment by Screen Australia, NFSAA or AFTRS. Note: See determinations under section 72 of the Public Service Act 1999 and regulations made under this Act for the transfer of the appointment, engagement or employment of persons not covered by items 10, 13 and 14. (2) Nothing in this Act produces the result that an instrument (within the meaning of Part 11 of the Workplace Relations Act 1996) or a transitional instrument (within the meaning of Schedule 9 to that Act) has effect at or after the transition time as if it were an instrument or transitional instrument made by, or in relation to, Screen Australia, NFSAA or AFTRS. Note: See Part 11 of, and Schedule 9 to, the Workplace Relations Act 1996 for the transmission of these instruments to Screen Australia, NFSAA or AFTRS. 17 No payments as a result of transfer To avoid doubt, a person who ceases to be an officer or employee of AFC, FAL or FFC by the operation of this Part is not entitled to receive any payment or other benefit merely because he or she stopped being such an officer or employee. 18 Long service leave for staff of Screen Australia and NFSAA (1) This item applies to a person if: (a) immediately before the transition time, the person is: (i) an officer appointed, or employee engaged, by AFC under subsection 29(1) of the Australian Film Commission Act 1975; or (ii) employed by FAL or FFC; and (b) as a result of the operation of this Part, the regulations or the Public Service Act 1999, the person, at the transition time, becomes: (i) a member of the staff of Screen Australia under subsection 31(1) of the Screen Australia Act 2008; or (ii) a member of the staff of NFSAA under subsection 31(1) of the National Film and Sound Archive of Australia Act 2008. (2) For the purposes of the Long Service Leave (Commonwealth Employees) Act 1976, the person's service before the transition time as an officer or employee of AFC, FAL or FFC is to be treated, at and after the transition time, as if it had been service by the person as an employee of the Commonwealth engaged under the Public Service Act 1999. 19 Maternity leave for staff of Screen Australia (1) This item applies to a person if: (a) immediately before the transition time, the person is employed by FAL or FFC; and (b) as a result of the operation of this Part, the regulations or the Public Service Act 1999, the person, at the transition time, becomes a member of the staff of Screen Australia under subsection 31(1) of the Screen Australia Act 2008. (2) For the purposes of the Maternity Leave (Commonwealth Employees) Act 1973, the person's service before the transition time as an officer or employee of FAL or FFC is to be treated, at and after the transition time, as if it had been service by the person as an employee of the Commonwealth engaged under the Public Service Act 1999. Part 5—Things done by, references in instruments to, legal proceedings of and records of AFC, FAL and FFC Division 1—AFC 20 Things done by, or in relation to, AFC (1) This item applies to a thing done by, or in relation to, AFC before the transition time. (2) The Minister may determine, in writing, that the thing is taken, at and after the transition time, to have been done by, or in relation to, one or more of the following: (a) Screen Australia; (b) NFSAA; (c) AFTRS; (d) the Commonwealth. (3) A determination made under subitem (2) has effect accordingly. (4) The Minister may make a determination under subitem (2) before or after the transition time. (5) A determination made under subitem (2) is not a legislative instrument. (6) This item does not limit the operation of item 2. 21 References in instruments to AFC Application (1) This item applies to an instrument that: (a) is in force immediately before the transition time; and (b) contains a reference to AFC. AFC to Screen Australia (2) If the instrument relates to: (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of Screen Australia; or (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, Screen Australia; then the reference to AFC has effect, at and after the transition time, as if it were a reference to Screen Australia. AFC to NFSAA (3) If the instrument relates to: (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of NFSAA; or (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, NFSAA; then the reference to AFC has effect, at and after the transition time, as if it were a reference to NFSAA. AFC to AFTRS (4) If the instrument relates to: (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of AFTRS; or (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, AFTRS; then the reference to AFC has effect, at and after the transition time, as if it were a reference to AFTRS. AFC to Screen Australia, NFSAA, AFTRS or Commonwealth (5) If subitem (2), (3) or (4) does not apply to the instrument, then the Minister may determine, in writing, that the reference to AFC has effect, at and after the transition time, as if it were a reference to one or more of the following: (a) Screen Australia; (b) NFSAA; (c) AFTRS; (d) the Commonwealth. (6) A determination made under subitem (5) has effect accordingly. (7) The Minister may make a determination under subitem (5) before or after the transition time. (8) A determination made under subitem (5) is not a legislative instrument. Instrument (9) In this item: instrument: (a) includes: (i) a contract, deed, undertaking or agreement; and (ii) a notice, authority, order or instruction; and (iii) an instrument made under an Act or regulations; but (b) does not include: (i) an Act; or (ii) instruments made under this Act. 22 Legal proceedings of AFC Application (1) This item applies to any proceedings: (a) that were pending in any court or tribunal immediately before the transition time; and (b) to which AFC was a party. AFC to Screen Australia (2) If the proceedings related, in whole or part, to an asset or liability that, as a result of the operation of item 2, becomes an asset or liability of Screen Australia, then Screen Australia is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings. AFC to NFSAA (3) If the proceedings related, in whole or part, to an asset or liability that, as a result of the operation of item 2, becomes an asset or liability of NFSAA, then NFSAA is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings. AFC to AFTRS (4) If the proceedings related, in whole or part, to an asset or liability that, as a result of the operation of item 2, becomes an asset or liability of AFTRS, then AFTRS is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings. AFC to Screen Australia, NFSAA, AFTRS or Commonwealth (5) If subitem (2), (3) or (4) does not apply to the proceedings, then the Minister may determine, in writing, that one or more of the following bodies is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings: (a) Screen Australia; (b) NFSAA; (c) AFTRS; (d) the Commonwealth. (6) A determination made under subitem (5) has effect accordingly. (7) The Minister may make a determination under subitem (5) before or after the transition time. (8) A determination made under subitem (5) is not a legislative instrument. 23 Transfer of custody of records of AFC Application (1) This item applies to a record or document that, immediately before the transition time, is in the custody of AFC. AFC to Screen Australia (2) If the record or document relates to: (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of Screen Australia; or (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, Screen Australia; then, after the transition time, the record or document is to be transferred into the custody of Screen Australia. AFC to NFSAA (3) If the record or document relates to: (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of NFSAA; or (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, NFSAA; then, after the transition time, the record or document is to be transferred into the custody of NFSAA. AFC to AFTRS (4) If the record or document relates to: (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of AFTRS; or (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, AFTRS; then, after the transition time, the record or document is to be transferr