Cap. 478 Art. 3Establishment and composition of the Malta Film Commission.

(1) There shall be a Malta Film Commission, appointed by the Minister, to act as an advisory body to the Minister on an audiovisual policy for the promotion, development and support of the audiovisual and film servicing industry, to determine the level of fiscal and other benefits in accordance with the provisions of Part V of this Act, and to assist the Commissioner in the exercise of his functions.

(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 or a Parliamentary Secretary, 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 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 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 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.