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Maltese Laws |
C 127
A BILL
entitled
AN ACT to make provision for the promotion, development and support of the audiovisual industry, including the film servicing industry, in Malta, and for the establishment of the Malta Film Commission and of the Film Commissioner, to determine their respective functions and powers and to provide for matters ancillary or incidental thereto.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled
and by the authority of the same, as follows –
PART I PRELIMINARY
Commission Act, 2005.
(2) This Act shall come into force on such date as the Minister responsible for the film industry may by notice in the Gazette
establish, and different dates may be so established for different purposes and different provisions thereof.
carrying on activities in relation to the development, production,
distribution and promotion of audiovisual works;
Short title and coming into force.
Interpretation.
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“audiovisual production” means the development and production of an audiovisual work;
“audiovisual work” means a work that consists of a series of related images which impart the impression of motion, with or without
accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible;
the “Commissioner” means the Film Commissioner appointed under article 5(1) of this Act and includes any officer or employee of
the Commissioner authorised by him in that behalf;
the “Commission” means the Malta Film Commission established by article 3 of this Act;
“co-producer” means a cinematographic production company or producer bound by a co-production contract;
“co-production contract” means a co-production agreement between a co-producer established in Malta and one or more co- producers
established abroad in accordance with any bilateral, multilateral or international treaty, convention or agreement to which Malta
is a party, but shall not include a co-production agreement between two or more co-producers established in Malta;
“film” includes a photographic film or a recording on magnetic tape or on any other material or medium, digital or otherwise,
from which a series of images, with or without associated sounds, may be produced and which is intended for international distribution
and exhibition ;
“film servicing industry” means all natural and legal persons whose principal purpose of business is to provide facilities and,
or equipment to the audiovisual industry or such other purpose as may be prescribed by the Minister;
“financial year” means any period of twelve months ending on the 31st December of each year or such other date as may be determined by the Minister:
Provided that the first financial year of the Commissioner shall commence on the coming into force of this article and shall end on
the 31st day of December of the next following year;
“Malta” has the same meaning as is assigned to it by article
124 of the Constitution;
“Minister” means the Minister responsible for the film industry or any other Minister designated by the Prime Minister by notice
in the Gazette;
“prescribed” means prescribed by regulations made by the
Minister under the provisions of this Act;
“public officer”, in relation to Part III of this Act, has the same meaning as is assigned to it by article 124 of the Constitution.
PART II
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS OF THE MALTA FILM COMMISSION
(2) The Commission shall be composed of not more than five members, appointed by the Minister, one of whom shall be appointed as
Chairman. The members shall be appointed from amongst persons who are knowledgeable in matters relating to audiovisual or film productions,
the services, marketing or financial sectors, public service procedures or in other areas related to the audiovisual or film servicing
industries. One of the members of the Commission shall be appointed upon nomination by the Minister responsible for culture.
(3) The Minister shall appoint the Film Commissioner as one of the members of the Commission, but the Film Commissioner may not
be appointed as Chairman of the Commission.
(4) The members of the Commission shall be appointed for a term of three years, but shall be eligible for re-appointment on the
expiration of their term of office. Any member may, before the expiration of his term of office, resign by letter addressed to the
Minister.
(5) A person shall not be qualified to hold office as a member of the Commission if he –
(a) is a Minister, Parliamentary Secretary or a Member of the House of Representatives, or
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Establishment and composition of the Malta Film Commission.
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(b) is a Judge or Magistrate, or
(c) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as
a member of the Commission:
Provided that the Minister may waive the disqualification of a person under paragraph (c) if such person declares the interest and
such declaration and waiver are published in the Gazette.
(6) Subject to the provisions of this article, the office of a member of the Commission shall become vacant –
(a) at the expiration of his term of office, or
(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment
as such.
(7) A member of the Commission may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit
to continue in office or has become incapable of properly performing his or her duties as a member.
(8) If a member resigns or if the office of a member of the Commission is otherwise vacant or if a member is for any reason unable
to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed to be a temporary member
of the Commission. Any person so appointed shall, subject to the provisions of sub-articles (6) and (7) cease to be such a member
when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions
of his office resumes those functions.
(9) Any member of the Commission who has any direct or indirect interest in any contract or decision made or proposed to be made
by the Commissioner or in any decision of the Commission in terms of article 4(j) of this Act, not being an interest which disqualifies
such member from remaining a member, shall disclose the nature of his interest at the first meeting of the Commission after the relevant
facts have come to his knowledge. Such disclosure shall be recorded in the minutes of the Commission, and the member having an interest
as aforesaid shall withdraw from any meetings at which such contract or decision is discussed. Any such disclosure shall be communicated
to the Minister without delay. Where the interest of the member is such as
to disqualify him from remaining a member, he shall report the fact immediately to the Minister and tender his resignation.
(10) The members of the Commission shall receive such remuneration as the Minister may decide.
(a) advise the Minister on policy matters relating to the promotion, development and support of the audiovisual and film servicing
industry including, but not limited to, the introduction of fiscal, tax and other incentives;
(b) advise the Minister on how best to structure and integrate local resources, at both Government and Local Council levels, in
order to facilitate the promotion of Malta as a location, ensuring that competitiveness and minimal bureaucracy are essential elements
to be achieved;
(c) advise the Minister on the signing of any bilateral, multilateral or international treaty, convention or agreement that may
encourage local participation in audiovisual productions and lead to further international collaboration in the audiovisual industry;
(d) advise the Minister in the development of a comprehensive skills training strategy which is flexible and responsive to industrial
and technological change in collaboration with the audiovisual industry and other partners;
(e) advocate the educational importance of film and the role it plays in fostering citizenship, creativity and innovation, as well
as to encourage and promote, for the benefit of the Maltese audiovisual industry, the study and appreciation of films and filmmaking
and to support initiatives to promote media literacy and developing the links between literacy and film;
(f) support the development of opportunities for access to cinema history and heritage and the use of film history in understanding
identity, representation, culture and creativity;
(g) encourage excellence and innovation particularly through the use of new digital technologies;
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Functions of the
Commission.
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Malta Film
Commissioner.
(h) generally promote Malta as a destination for the shooting of audiovisual works and for the setting up of audiovisual and film
servicing enterprises;
(i) recommend to the Commissioner the adoption of measures aimed at ensuring that approved policies and initiatives are translated
into concrete action plans;
(j) to determine the level of fiscal and other benefits in accordance with the provisions of Part V of this Act,;
(k) generally assist the Commissioner in the exercise of his functions;
(l) to carry out any function as may from time to time be assigned to it by the Minister.
(2) The Minister may, from time to time, as he may deem appropriate give in writing and publish such directives as regards the policies
and plans of the Government to be adopted and followed by the Commission, and the Commission shall, as soon as practicable, adopt
and follow such directives.
(2) The Commissioner shall hold office for a term of three years, but shall be eligible for re-appointment on the expiration of
his term of office.
(3) A person shall not be qualified to hold office as
Commissioner if he –
(a) is a Minister, Parliamentary Secretary or a Member of the House of Representatives, or
(b) is a Judge or Magistrate, or
(c) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as
Commissioner:
Provided that the Minister may waive the disqualification of a person under paragraph (c) if such person declares the interest and
such declaration and waiver are published in the Gazette.
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(4) Subject to the provisions of this article, the office of the
Commissioner shall become vacant –
(a) at the expiration of his term of office, or
(b) if any circumstances arise that, if he were not a Commissioner, would cause him to be disqualified for appointment as such.
(5) If the Commissioner resigns or if his office is otherwise vacant or if the Commissioner is for any reason unable to perform
the functions of his office the Minister shall appoint a person who is qualified to be appointed as a temporary Commissioner, if
such person is qualified to be a Commissioner. Any person so appointed shall cease to be such a Commissioner when a Commissioner
is appointed to fill the vacancy or, as the case may be, when the Commissioner who was unable to perform the functions of his office
resumes those functions or, in the case of a temporary purpose, the temporary Commissioner has performed the function assigned to
him.
(6) The Commissioner may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit to continue
in office or has become incapable of properly performing his or her duties as a Commissioner.
(7) The Commissioner shall receive such remuneration as the Minister may decide.
(2) Without prejudice to the generality of the provisions of sub-article (1) of this article and to any other functions attributed
to the Commissioner by this Act, the Commissioner shall in particular have the function –
(a) to assist and encourage by any means he considers appropriate, the production of films in Malta and the set up of industries
for the production of films in Malta;
(b) to market the locations, facilities, skills, talent and expertise available in Malta in order to attract inward investment
Functions of the
Commissioner.
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in the form of international audiovisual productions shooting in
Malta;
(c) to analyse, assess and certify the eligibility of projects and, or beneficiaries for tax or other incentives provided by the
Government of Malta according to the criteria established by or under this Act or any other enactment and to make recommendations
to the Commission for the determination of the level of fiscal and other benefits in accordance with the provisions of Part V of
this Act;
(d) to make recommendations to the Commission for advances, loans, grants or awards of money to any natural or legal person in connection
with audiovisual works according to criteria established by or under this Act or any other enactment;
(e) to encourage and promote cohesion within the local audiovisual industry, in particular:
(i) to encourage and promote the exchange of information amongst persons engaged in the film industry,
(ii) to encourage and promote the efficient use of available resources within the Maltese film-servicing industry, and
(iii) to co-operate with other interested or affected bodies and organisations in order to encourage and promote employment in
the Maltese audiovisual industry and the productivity of that industry;
(f) to approve co-productions between a co-producer established in Malta and one or more co-producers established abroad in accordance
with any bilateral, multilateral or international treaty, convention or agreement to which Malta is a party and to issue any relevant
certificate which grants “nationality” to such co-productions;
(g) to participate and promote participation in international collaborative projects and to enter into agreements with similar foreign
and international bodies;
(h) to represent Malta and its audiovisual industry on international film bodies and events;
(i) to act as a contact point for relevant support programmes of the European Union or of any other international body or organisation
and, or to liaise with the local or international institutions or organisations administering such programmes;
(j) to coordinate the effort to combat copyright abuse in the film industry, including but not limited to film piracy on the Internet
or other electronic networks, as far as practicable;
(k) to deal, negotiate and enter into agreements of permanent or temporary nature or codes of conduct with any public body, public
authority, government department, public corporation, local council, or private entity or person on any matters pertaining to the
audiovisual industry;
(l) to advise the Minister on any matter connected with the
Commission’s functions under and for the purposes of this Act;
(m) to carry out such other functions as may from time to time be assigned to him by the Minister.
(3) The Commissioner may, if he so deems appropriate – (a) monitor, keep under review and evaluate operations,
activities and matters in relation to the audiovisual or film servicing
industry;
(b) carry out studies, research and investigations relating to any matter regarding the audiovisual industry;
(c) provide information and issue guidelines, to the public and relevant entities, regarding film, the audiovisual industry, the
film servicing industry and audiovisual policy in general;
(d) acquire, sell or otherwise dispose of or lease land, plant, machinery and equipment, and other property, and to otherwise make
available property for use by other persons;
(e) manage land, and to develop land, and to carry out works on land, and to maintain works or assist in their maintenance;
(f) provide advisory or other services or facilities in relation to any of its functions, or to assist in their provision; and
(g) generally, do all such things as may be incidental or conducive for the proper discharge of his functions under this Act.
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Conduct of the affairs of the Commission and the Commissioner.
Legal personality and representation of the Commissioner.
Detailing of public officers for duty with the Commission.
(2) Any document purporting to be an instrument made or issued by the Commissioner and signed by him shall be received in evidence
and shall, until the contrary is proved, be deemed to be an instrument made by the Commissioner.
PART III
OFFICERS AND EMPLOYEES OF THE COMMISSIONER
(2) The period during which a direction as referred to in sub-article (1) of this article shall apply to any officer specified therein,
shall, unless the officer retires from the public service, or otherwise ceases to hold office at an earlier date, or a different
date is specified in the direction, end on the happening of any of the following events, that is to say:
(a) the acceptance by such officer of an offer of transfer to the service of, and permanent employment with the Commissioner made
pursuant to article 12 of this Act; or
(b) the revocation by the Prime Minister of any direction made by him under this article in relation to such officer.
(3) Where a direction as referred to in sub-article (1) of this article is revoked by the Prime Minister in relation to any officer,
the Prime Minister may, by further direction, detail such officer for duty with the Commissioner in such capacity and with effect
from such date as may be specified in the further direction and the provisions of sub- article (2) of this article shall thereupon
apply to the period of duration of such further direction in relation to such officer.
(2) Without prejudice to the generality of the provisions of sub-article (1) of this article, an officer detailed for duty as aforesaid
–
(a) shall not during the time in respect of which he or she is so detailed –
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service
attached to the appointment under the Government held by him or her at the date on which he or she is so detailed for duty; or
(ii) be so employed that his or her remuneration and conditions of service are less favourable than those which are attached to the
appointment under the Government held by him or her at the date aforesaid or which would have become attached to such appointment,
during the said period, had such officer not been detailed for service with the Commissioner; and
(b) shall be entitled to have his or her duty with the Commissioner considered as service with the Government for the purposes of
any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and of any
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Status of public officers detailed for duty with the Commissioner.
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Offer of permanent employment with the Commissioner to public officers detailed for duty with the Commissioner.
other right or privilege to which he or she would be entitled, and liable to any liability to which he or she would be liable, but
for the fact of his or her being detailed for duty with the Commissioner.
(3) Where an application is made as provided in sub-article (2)(a)(i) of this article the same consideration shall be given thereto
as if the applicant had not been detailed for service with the Commissioner.
(4) The Commissioner shall pay to the Government such contributions as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Commissioner as aforesaid
during the period in which he is so detailed.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime Minister offer substantially equivalent or greater benefits.
(3) Every public officer who accepts permanent employment with the Commissioner offered to him under the provisions of sub- article
(1) of this article shall, for all purposes other than those of the Pensions Ordinance and the Widows’ and Orphans’ Pensions
Act, and saving the provisions of sub-article (6) of this article, cease to be in service with Government and shall enter into service
with the Commissioner on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, insofar as applicable
to him, service with the Commissioner shall be deemed to be service with the Government within the meanings thereof respectively.
(4) Any officer as referred to in sub-article (3) of this article who, immediately before accepting permanent employment with the
Commissioner was entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be entitled to benefit under
the said Act as if his or her service with the Commissioner were service with the Government.
(5) The Commissioner shall pay to the Government such contributions as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent employment with the
Commissioner as aforesaid during the period commencing on the date of such officer’s acceptance.
(6) (a) For the purposes of the Pensions Ordinance the pensionable emoluments of such public officer on retirement shall be
deemed to be the pensionable emoluments payable to an officer in Government service in a grade and at an incremental level corresponding
to the post and incremental level at which the officer retires from the Commissioner.
(b) The classification referred to in paragraph (a) above shall be carried out by a board composed of a chairperson appointed by
the Minister responsible for finance and two other members, one appointed by the Minister responsible centrally for personnel policies
in the public service and one appointed by the Commissioner. The classification shall be subject to the final approval of the Minister
responsible for finance.
(c) The classification shall take place within three months of any adjustment of salaries of employees in Government service and/or
of employees of the Commissioner.
(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that
the Minister responsible for finance may from time to time by notice in the Gazette determine.
(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to
rights under the said Pensions Ordinance less favourable than those to which he or she would have been entitled prior to such classification.
PART IV FINANCIAL PROVISIONS
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Commissioner to meet part of expenditure out of revenue.
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Advances from
Government.
Allocation of funds to entities operating in the audiovisual sector.
Power to borrow or raise capital.
(2) For purpose mentioned in sub-article (1) of this article, the Commissioner shall levy all fees, rates and other payments as
prescribed by or under this Act or any other law.
(3) The Commissioner shall also be paid by Government out of the Consolidated Fund such sums as Parliament may from time to time
authorise to be appropriated to meet any of its expenditure that cannot be covered by its revenue.
(4) Any excess of revenue over expenditure shall, subject to such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by the Commissioner to the formation of reserve funds to be used
for the purposes of the Commissioner. Without prejudice to the generality of the powers given to the Minister by this sub-article,
any direction given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may
be specified in the direction, of any part of the fees, rates and other payments levied in accordance with sub-article (2) of this
article or any such excess as aforesaid.
(5) Any funds of the Commissioner not immediately required to meet expenditure may be invested in such manner as may from time to
time be approved by the Minister.
(2) Without prejudice to any other provision of this Act, the Minister may give to the Commissioner directives as to the application of those sums as referred to in sub-article (1) of this article.
(2) The Commissioner may also, from time to time, borrow, by way of overdraft or otherwise, such sums as he may require for carrying
out his functions under this Act:
Provided that for any amount in excess of fifty thousand liri, there shall be required the approval of the Minister in writing.
(2) Notice of any loans, liabilities or advances made or incurred under the sub-article (1) of this article shall be given to the
House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in sub-article (1) of this article, or for the purpose of providing the
Commissioner with working capital, the Minister responsible for finance may, by warrant under his hand, and without further appropriation
other than this Act, authorise the Accountant General to make advances to the Commissioner out of the Treasury Clearance Fund under
such terms as may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making advances to the Commissioner, and any other moneys to be advanced
to the Commissioner under this article, shall be paid into a fund specially established for the purpose and which shall be known
as the “Malta Film Commission Loan Fund”.
(5) Sums received by the Accountant General from the Commissioner in respect of advances made to the Commissioner under sub-article
(3) of this article shall be paid, as respects of amounts received by way of repayment into the Treasury Clearance Fund, and as respects
of amounts received by way of interest into the Consolidated Fund.
Provided that the estimates for the first financial year of the Commissioner shall be prepared and adopted within such time as the
Minister may by notice in writing to the Commissioner specify.
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Borrowing from
Government.
Estimates of the
Commissioner.
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Expenditure to be according to approved estimates.
(2) In the preparation of the estimates referred to in sub- article (1) of this article the Commissioner shall take account of any
funds and other moneys that may be due to be paid to it out of the Consolidated Fund during the relevant financial year, whether
by virtue of this Act or an appropriation Act or any other law. The Commissioner shall prepare the said estimates so as to ensure
that the total revenues of the Commissioner are at least sufficient to meet all sums properly chargeable to its revenue account including,
but without prejudice to the generality of that expression, depreciation.
(3) The estimates shall include the estimates for the
Commission.
(4) The estimates shall be made out in such form and shall contain such information and such comparisons with previous years as
the Minister and or the Minister responsible for finance may direct.
(5) A copy of the estimates shall, upon their adoption by the Commissioner, be sent forthwith by the Commissioner to the Minister
and to the Minister responsible for finance.
(6) The Minister shall at the earliest opportunity and not later than six weeks after he has received a copy of the estimates from
the Commissioner approve the same with or without amendment, after consultation with the Minister responsible for finance.
(2) Except for funds generated by the Commissioner or received from non-State sources, the Commissioner shall remain within the
parameters of capital and recurrent expenditure allocated to him by the Minister as authorised by the Minister responsible for finance.
(3) Notwithstanding the provisions of sub-articles (1) and (2)
of this article –
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for that year
by the Minister, whichever is the earlier date, the Commissioner may make or incur expenditure for carrying on his functions under
this Act not exceeding in the aggregate one-half of the amount approved by the Minister for the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister given after consultation
with the Minister responsible for finance, be made or incurred in respect of another head or sub-head of the estimates;
(c) in respect of the first financial year, the Commissioner may make or incur expenditure not exceeding in the aggregate such amounts
as the Minister responsible for finance may, after consultation with the Minister, allow;
(d) if in respect of any financial year it is found that the amount approved by the Minister is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Commissioner may adopt supplementary estimates for approval
by the Minister, and in any such case the provisions of this Act applicable to the estimates shall apply to the supplementary estimates
mutatis mutandis.
(2) The accounts of the Commissioner shall be audited by an auditor or auditors to be appointed by the Commissioner and approved
by the Minister:
Provided that the Minister responsible for finance may, after consultation with the Minister, require the books and accounts of the
Commissioner to be audited or examined by the Auditor General who shall for such purpose have power to carry out such physical checking
and any other certifications as he may deem necessary.
(3) After the end of each financial year, the Commissioner shall cause a copy of the statement of account duly audited to be transmitted
to the Minister and to the Minister responsible for finance together with a copy of any report made by the auditors on that statement
or on the accounts of the Commissioner.
(4) The Minister shall, as soon as practicable, cause a copy of every such statement and report to be laid on the Table of the House
of Representatives.
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Publication of approved estimates.
Accounts and audit.
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Contracts of supply, works or services.
Annual reports.
Exemption from
Income Tax.
Definitions.
(2) The Commissioner shall follow procurement procedures as regulated by the Public Contracts Regulations, or any amendment thereto.
(2) The Commissioner shall be deemed to be a public authority for the purposes of the Value Added Tax Act.
PART V
INCENTIVE SCHEMES AND FINANCIAL SUPPORT
satisfying the criteria and conditions as laid down in the Schedule to this Act or as prescribed by the Minister;
“qualifying company” means a legal person which carries on, or intends to carry on in Malta, a trade or business which consists
in the production of film, or such other natural or legal persons as may be prescribed by the Minister.
(2) The Commission shall be responsible to determine the amount of aid to be given to any qualifying production or qualifying company,
such determination to be made after the Commission has received the recommendation in writing of the Commissioner. Provided that
the Commission may adopt guidelines for the determination of the level and, or the amount of fiscal or other benefits.
(3) The Commissioner shall be responsible for making recommendations to the Commission regarding the amount of aid to be given to
any qualifying production or qualifying company and, following the determination of the Commission, for the certification of persons
as qualifying companies and of productions as qualifying productions for the purposes of fiscal and other benefits as may be provided
for by or under this Act or by or under any other enactment.
(2) The making of an investment, loan or grant under this article shall be subject to such terms and conditions as the Commissioner may think appropriate and expedient, including terms and conditions relating to the repayment to the Commissioner of any moneys paid by it and payment of interest on any such money.
(2) A guarantee under this article shall be in such form and manner and on such terms and conditions as may be specified in a scheme
governing the giving of such guarantees prescribed by the Minister, in concurrence with the Minister responsible for finance.
(3) Moneys required by the Commissioner to meet sums which may become payable by the Commissioner under a guarantee shall be paid
out of the Commissioner’s revenue or the sums paid by Government in accordance with article 13 of this Act.
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Certification of qualifying companies and, or productions and determination of the level of benefits.
Assistance by the
Commissioner.
Guarantees by the
Commissioner.
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Grants by the Commissioner for training and other activities.
Contravention of term or condition of investment, loan, grant or guarantee.
Maximum amounts of investments, loans, grants etc. by the Commissioner.
Persons deemed public officers.
Power to make regulations.
(2) Subject to prior approval of the Commission, the Commissioner may provide moneys, subject to such terms as he thinks appropriate and expedient, for activities, events and initiatives in accordance with his functions as specified in article 6 of this Act.
Provided that this article shall apply if the Commissioner requests repayment of the whole or part of the amount and that the amount owed to the Commissioner shall be deemed to be a debt payable forthwith and recoverable by the Commissioner to the extent of such request.
PART VI MISCELLANEOUS
(a) to provide for any matter which is required or authorised by the Act to be prescribed;
(b) to establish the administrative and organisational procedures to be followed by the Commission and the Commissioner ;
(c) to establish schemes for the purpose of funding or subsidising programmes, initiatives and events concerning the audiovisual
or film-servicing industry;
(d) to deal with any matter related to officers and employees of the Commissioner;
(e) to deal with any matter related to the expenditure and income of the Commissioner, the Commissioner’s estimates and accounts,
and their verification.
(2) The Minister may also by regulation amend the Schedule to this Act.
SCHEDULE (Article 25)
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An audiovisual production shall be deemed to be a “qualifying production” as mentioned in article 25 of this Act if it satisfies
the following conditions:
1. the audiovisual work concerned is produced wholly or partially in Malta on a commercial basis with a view to profit, and
2. the audiovisual work concerned is produced wholly or principally for exhibition to the public in cinemas or through television
broadcasting; and
3. the audiovisual work concerned is:
a. a feature film;
b. a television drama;
c. an animation (whether computer generated or otherwise, but excluding computer games); or
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d. a creative documentary, where the project is based on an original theme which contains a certain “timeless” element so that
there is no loss of interest when the event with which it may be linked has passed and contains significant original filming and
does not merely report information:
Provided that an audiovisual work shall not be deemed to be a “qualifying production” if the audiovisual work concerned comprises
or is substantially based on:
i) any public or special performances staged for filming or otherwise;
ii) any sporting event;
iii) games or competitions;
iv) current affairs or talk shows;
v) demonstration programmes for tasks, hobbies or projects;
vi) review, magazine-style, or lifestyle programmes;
vii) unscripted or “reality”- type programmes;
Objects and Reasons
The purpose of the Bill is to establish a Film Commission and a Film Commissioner to act as organ for the promotion, development and support of the audiovisual industry and to decide on matters pertaining to and adminiser incentives that may be provided to assist in the pursuit of this objective.
Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press
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