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Maltese Laws |
MALTA FILM COMMISSION 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.
15th July, 2005
ACT VII of 2005, as amended by Legal Notice 427 of 2007.
PART I
PRELIMINARY
Act.
"audiovisual industry" means natural and legal persons carrying o n activ iti es in rel a t i on to th e develop m
en t, p r od uctio n, distribution and promotion of audiovisual works;
"audiovisual production" means the development and production of an audiovisual work;
"audiovisual work" means a work that consists of a series of rel ated i ma ges w hi ch im part th e i mp ressi on of mo
ti on, wit h or without accompanying sounds, susceptible of being made visible and, where accompanied by soun ds, susceptible of
being made audible;
the "Commissioner" means the Film Commissioner appointed und er articl e 5(1) and incl udes any officer or employee of
the Commissioner authorised by him in that behalf;
t h e "Co m mission" means the Malta Film Commissio n established by article 3;
"co-producer" means a cinematographic production company or producer bound by a co-production contract;
"co-p r od uctio n con t ract" mean s a co -pr odu ct ion agreemen t between a co-producer established in Malta and one
or more co- pr oducers esta blished abroad in ac corda nc e with any bila teral, mul til ateral or int er nati onal treaty, convention
or agreement to wh ich Malta i s a party, but shall no t include a co-producti on 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 industr y" means all natural and legal persons whose principal purpose of business is to provide facilities
and, or
Short title. Interpretation.
Establishment and composition of the Malta Film Commission.
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 th e 31 st 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 Act 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;
"the Minis t er" means the Mini ster r e sp on si ble fo r t h e fil m industry or any other Minister designated by the
Prime Minister by notice in the Gazette;
"p rescri bed" mean s prescribed by regul at ion s made by th e
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, ap poin t ed by the Mi nister, o n e of wh om shall b e appointed
as Chairman. The me mbers shall be appointed from amongst persons who are knowledgeable in matters relating to au di ov isu a l
or fi lm prod uct i o n s, th e serv ices, ma rk eti n g o r financial sectors, public service procedures or in other areas related
to the audiovisual or film servicing industries. One of the members of t h e Comm ission shall be appointed upon nom ination 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
(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 m ay 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 subarticles (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(1)(j), 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 know ledge. 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.
4. (1) The Commission shall not be an executive body and it sh all n o t h a ve any executiv e fu nctio ns except for th e fun c
tion provided for in paragraph (j). The functions of the Commission shall be to:
(a) advise the Minister on policy matters relating to the promotion, development and support of the audiovisual
and film servicing industry including, but
Functions of the
Commission.
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 interested parties;
(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;
(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 Go ver n men t to be ad op t e d an d 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.
(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 fu nctions 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.
Malta Film
Commissioner.
(2) Without prejudice to the generality of the provisions of sub a rt icle (1) and to an y ot her fun c t i ons att r ibut ed to the Commissioner by this Act, the Commissioner shall in particular have the function -
Functions of the
Commissioner.
(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
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 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, or
on physical media;
(j) to deal, negotiate and enter into agreements of permanent or temporary nature or establish 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;
(k) to advise the Minister on any matter connected with the Commission’s functions under and for the purposes of this Act;
(l) 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 his 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.
Conduct of the affairs of the Commission and the Commissioner.
Legal personality and representation of the Commissioner.
(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.
(3) Judicial acts and actions by means of which a decision or anything done by the Commission is impugned or contested shall be
filed against the Commissioner.
PART III
OFFICERS AND EMPLOYEES OF THE COMMISSIONER
Staff appointments. 9. Subject to the provisions of the Constitution and of any other enactment applicable thereto, and without prejudice to the other provisions of this Act or any regulations made thereunder, the Commissioner shall appoint such officers and other employees as may from ti m e to time be necessary fo r the du e and efficient discharge of the functions of the Com missioner. The terms and co ndi ti ons o f empl oym en t shal l b e estab lished by th e Commissioner following the approval of the Minister.
Detailing of public officers for duty in the Commission.
Status of public officers detailed for duty with the Commissioner.
(2) The period during which a direction as referred to in subarticle (1) shall apply to any officer specified therein,
shall, unless the offi cer retires from t h e public service, or otherwise cea ses to hold of fice at an earli er da te, or a dif
f e r ent date is specified in the di rection, e nd on the happening of any o f t h e 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; 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 subarticle (1) is revoked by the Prime Minister in relation to any officer, the Prime Minister
m ay, 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 th e provision s of subarticle (2) 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 subarticle (1), 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 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 subarticle (2)(a) (i) 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 cont ribut ions as may from ti me t o time be determined by the Minister
responsible for finance in respect of the cost of pensions and g r atui ties earn ed b y an officer detailed for du ty wit h the
Commissioner as aforesaid during th e period in which he is so detailed.
Cap. 93. Cap. 58.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
th ey are not in all respects iden tical 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 Com m i ssion er offered t o him un der th e prov isions of
su barticle ( 1 ) shall , fo r all pur poses ot her th an th ose of the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act, and saving the provisions of subarticle (6), cease to be in service
Offer of permanent employment with the Commissioner to public officers detailed for duty with the Commissioner.
Cap. 93. Cap. 58.
Cap. 58.
w ith Gov e rnm e nt and sh all enter int o ser v ice w ith 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 subarticle (3) who, imm ediately be fore accepting permanent employment with
the Co mm issio n er was en ti tled to ben e fit un der th e Wid o w s ’ a n d O r phans’ Pensio ns Act, s hal l co nt in ue t o be entitled to benefi t 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 co ntribu tion s as may from t ime to ti me b e d e termined b y
th e 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.
Cap. 93. (6) (a) For the purposes of the Pensions Ordinance the pensi onab l e emol ument s o f such pu bl ic o fficer on reti rement shall be deemed to be th e p e nsionable em ol um ent
s pay a ble to an of fi cer in Go vernm e nt service in a grade a nd a t an increme n ta l le vel corresponding to the post
and incremental level at which the officer retires from the Commissioner.
(b) The classification referred to in paragraph (a) 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
Cap. 93.
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
(2) For purpose mentioned in subarticle (1), 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 t h e pu rp oses of th e Co mmissi on er. Wi th ou t pr ej u d i c e to t h e generality of the powers given to the Minister
by this subarticle, any directio n gi ven by th e Minister as aforesaid may orde r 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
subarticle (2) 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.
Commissioner to meet expenditure out of revenue.
(2) Without prejudice to any other provision of this Act, the Minister may give to the Comm issi oner directives as to the application of those sums as referred to in subarticle (1).
Advances from
Government.
Allocation of funds to entities
operating in the
audiovisual sector.
Commissioner may borrow or raise capital.
Amended by:
L.N. 427 of 2007.
writing approve.
(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 one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty- seven
cents (116,468.67), there shall be required the approval of the Minister in writing.
Borrowing from
Government.
(2) Notice of any loans, liabilities or advances made or incurred under the subarticle (1) shall be given to the House
of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in subarticle (1), 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 Com missioner 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 Com missioner, and any oth e r mo neys 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 subarticle (3) shall be paid, as respects of amounts received b y way of repaym ent i nto the Tr easury Cl earance Fund, and
as respects of amo u n t s r e cei v ed by w a y of in ter e st i n t o th e Consolidated Fund.
Estimates of the
Commissioner.
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.
(2) In the preparation of the estimates referred to in subarticle (1) 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 s h all prepare the s a id es timates s o as to ensure that the tota
l revenues of the Commissioner are at least sufficient to meet all sums properly chargeable to the Commissioner ’s revenue account
i n clu d i ng, bu t w i t h o u t prej udi ce to th e generali ty of th at 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, b e sent forthwith by the Co m missioner 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 subarticles (1) and (2) - (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
Expenditure to be according to approved estimates.
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.
Publication of approved estimates.
Accounts and audit.
(2) The accounts of the Commissioner shall be audited by an au ditor or audit o rs to be app o int e d by th e 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 th e Comm issi oner to be au dited or exam ined by th e Audit or General who shall for such purpose have power to carry out such
p hysi cal ch ecki ng and any ot her certifications as he may deem necessary.
(3) After the end of each financial year, the Commissioner shall ca use a copy of the statement of account duly audited to be
transmitted to the Mini ster 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.
Contracts of supply, works or services.
S.L. 174.04
22. The Commissioner shall follow procurement procedures as regulated by the Pu bli c Procuremen t Regul ati ons , or any amendment thereto.
Annual reports. 23. The Commissioner shall, not later than six weeks after the end of each financial year, send to the Minister a copy of its audited statements of accounts, a copy of the report made by the auditor or a u ditors about the statements or on the accounts of the Commissioner, together with a report dealing generally with the ac tivities of the Comm i ssi on er du rin g th at fi nan c i a l year an d containing such information relating to the proceedings and policy of the Commissioner. The Minister shall cause a copy of every such report to be laid on the Table of the House of Representatives and to be presented to the Minister responsible for finance and to the Auditor General as soon as practicable.
Value Added Tax
Act.
Cap. 406.
24. 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
Definitions. 25. In this Part V of the Act, unless the context otherwise
requires -
"qu a li fying production" means an au diovisual production satisfying the criteria and conditions as laid down in the Schedule
or as prescribed by the Minister, and that is certified as a qualifying production in accordance with article 26;
"qualifying company" means any natural or 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 and who are
certified as a qualifying company in accordance with article 26.
(a) the criteria and procedure for the certification of qualifying companies and qualifying productions;
(b) measures granting fiscal and other benefits to qualifying companies and qualifying productions; and
(c) the criteria and other measures to regulate the provision, by the Commissioner, of assistance, guarantees
and grants under articles 27, 28 and 29.
(2) The Commission shall be responsible to determine the am ount of aid to be given to any qualifying production or q
u alifyin g company, such determination to b e mad e af t e r 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, fo llo wi ng th e d e ter m inat io n o f th e Co m m i s si
on , fo r th e certification of persons as qualifying companies and of productions as qualifying productions for the purposes of
fiscal and o t her benefits as may be provided for by or under this Act or by or under any other enactment.
(4) Where regulations are prescribed in accordance with subarticle (1), the powers and functions of the Commission
and the Commissioner under this article shall be exercised in accordance with, and subject to, the provisions of any such regulations.
Certification of qualifying companies and, or productions and determination of the level of benefits.
(2) The making of an investment, loan or grant under this arti cl e sh al l be su bject to such terms and co ndi tio ns as the Com mission er may think appropriate and expedient, including terms and conditions relating to the repayment to the Commissioner of an y mo ne ys p a id b y it an d pay m ent o f in terest on an y such money.
Assistance by the
Commissioner.
of the principal of any moneys borrowed in respect of a qualifying production wholl y or partl y made in Malta or by a qu ali f ying
company or the repayment of interest on such moneys, or both the repayment of the principal and the payment of such interest, and
may provide other financial guarantees in respect of a qualifying production.
(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.
Grants by the Commissioner for training and other activities.
(2) Subject to prior approval of the Commission, the Commissioner may provide moneys, subject to such terms as he t h in ks approp ri ate and exp e di en t, for ac tiv it ies, eve n ts and initiatives in accordance with his functions as specified in article 6.
Contravention of term or condition of investment, loan, grant or guarantee.
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 recove rable by the Commission er to the extent of such request.
Maximum amounts of investments, loans, grants etc., by the Commissioner.
PART VI
MISCELLANEOUS
32. The Commissioner, the members of the Commission and all officers and employees of the Commissioner shall be deemed to be public officers
within the meaning of the Criminal Code.
(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.
Persons deemed public officers.
Cap. 9.
Power to make regulations.
SCHEDULE
(Article 25)
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
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;
(viii) advertising programmes or advertisements; (ix) pornographic or sexually explicit content.
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