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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australia Council Amendment (Creative
Australia) Bill 2023
No. , 2023
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to amend the Australia Council Act
2013, and for related purposes
No. , 2023
Australia Council Amendment (Creative Australia) Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Australia Council Act 2013
3
Income Tax Assessment Act 1997
6
Schedule 2--Transitional provisions
7
No. , 2023
Australia Council Amendment (Creative Australia) Bill 2023
1
A Bill for an Act to amend the Australia Council Act
1
2013, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Australia Council Amendment (Creative Australia)
5
Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australia Council Amendment (Creative Australia) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
As follows:
(a) if this Act receives the Royal Assent
before 1 July 2023--1 July 2023;
(b) if this Act receives the Royal Assent on
or after 1 July 2023--a single day to be
fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Australia Council Amendment (Creative Australia) Bill 2023
3
Schedule 1--Amendments
1
2
Australia Council Act 2013
3
1 Section 4
4
Insert:
5
constitutional corporation
means a corporation to which
6
paragraph 51(xx) of the Constitution applies.
7
2 Section 6
8
Repeal the section, substitute:
9
6 Constitutional limits
10
(1) The Council may perform its functions only in accordance with
11
this section.
12
Main constitutional basis
13
(2) The Council may perform its functions with respect to activities
14
that are peculiarly adapted to the government of a nation and
15
cannot otherwise be carried on for the benefit of the nation.
16
Other constitutional bases
17
(3) In addition, the Council may perform its functions with respect to:
18
(a) activities that assist a corporation to which paragraph 51(xx)
19
of the Constitution applies in the performance or
20
development of its activities, functions, relationships or
21
business; or
22
(b) trade and commerce:
23
(i) between Australia and places outside Australia; or
24
(ii) among the States; or
25
(iii) within a Territory, between a State and a Territory or
26
between 2 Territories; or
27
(c) statistics; or
28
(d) external affairs, including:
29
Schedule 1
Amendments
4
Australia Council Amendment (Creative Australia) Bill 2023
No. , 2023
(i) giving effect to any international agreement to which
1
Australia is a party; and
2
(ii) by way of the performance of its functions in a place
3
outside Australia; or
4
(e) a Territory, including in a Territory; or
5
(f) copyrights, patents of inventions and designs, and trade
6
marks; or
7
(g) support for Aboriginal and Torres Strait Islander arts
8
practice; or
9
(h) a postal, telegraphic, telephonic, or other like service; or
10
(i) the provision of benefits to students; or
11
(j) the executive power of the Commonwealth; or
12
(k) matters incidental to the execution of any of the legislative
13
powers of the Parliament or the executive power of the
14
Commonwealth.
15
Meaning of terms
16
(4) A term used in this section and the Constitution has the same
17
meaning in this section as it has in the Constitution.
18
6A Provision of financial assistance to constitutional corporations
19
Applications
20
(1) A constitutional corporation may apply to the Council for financial
21
assistance.
22
(2) The Council must consider an application made under
23
subsection (1) within a reasonable period after the application is
24
made.
25
(3) The Council may provide financial assistance in the performance
26
of its functions to a constitutional corporation only if the
27
corporation has applied to the Council for the assistance under
28
subsection (1).
29
Terms and conditions
30
(4) If the Council decides to provide financial assistance to a
31
constitutional corporation:
32
Amendments
Schedule 1
No. , 2023
Australia Council Amendment (Creative Australia) Bill 2023
5
(a) the terms and conditions on which the assistance is to be
1
provided must be set out in a written agreement between the
2
Council and the corporation; and
3
(b) the corporation must comply with the terms and conditions.
4
(5) Without limiting subsection (4), the terms and conditions must
5
provide for the circumstances in which the corporation must repay
6
amounts of financial assistance or any other amounts to the
7
Council.
8
(6) An amount payable to the Council under the agreement:
9
(a) is a debt due to the Council; and
10
(b) may be recovered by the Council in a court of competent
11
jurisdiction.
12
3 At the end of section 7
13
Add:
14
(3) The Council may conduct its operations under its full name or
15
under the name "Creative Australia".
16
4 After paragraph 9(1)(e)
17
Insert:
18
(ea) to encourage, facilitate and recognise public sector, private
19
sector, philanthropic and commercial support for, and
20
investment in, the arts;
21
(eb) to promote fair, safe and respectful workplaces for Australian
22
artists and persons working in organisations that engage in,
23
or support, Australian arts practice;
24
(ec) to provide information, advice, training and mentoring on
25
matters connected with the arts or the performance of the
26
Council's functions;
27
5 At the end of paragraph 9(1)(g)
28
Add ", and support for, and investment in, the arts".
29
Schedule 1
Amendments
6
Australia Council Amendment (Creative Australia) Bill 2023
No. , 2023
Income Tax Assessment Act 1997
1
6 Subsection 30-100(2) (table item 12.2.2)
2
Repeal the item.
3
7 Section 30-315 (table item 40AA)
4
Repeal the item.
5
Transitional provisions
Schedule 2
No. , 2023
Australia Council Amendment (Creative Australia) Bill 2023
7
Schedule 2--Transitional provisions
1
2
1 Definitions
3
In this Schedule:
4
Creative Partnerships Australia
means Creative Partnerships Australia
5
Ltd (ACN 072 479 835).
6
reporting period
has the same meaning as in the
Public Governance,
7
Performance and Accountability Act 2013
.
8
responsible Minister
has the same meaning as in the
Public
9
Governance, Performance and Accountability Act 2013
.
10
rules
means the rules made under item 14 of this Schedule.
11
transition time
means the commencement of Schedule 1.
12
2 Creative Partnerships Australia ceases to exist
13
(1)
Creative Partnerships Australia ceases to exist by force of this subitem
14
at the transition time.
15
(2)
For the purposes of the
Corporations Act 2001
, Creative Partnerships
16
Australia is taken to be deregistered at the transition time.
17
3 Things done by, or in relation to, Creative Partnerships
18
Australia
19
(1)
If, before the transition time, a thing was done by, or in relation to,
20
Creative Partnerships Australia, then the thing has effect, after the
21
transition time, as if it had been done by, or in relation to, the Australia
22
Council.
23
(2)
The rules may provide that subitem (1) does not apply in relation to a
24
specified thing done by, or in relation to, Creative Partnerships
25
Australia.
26
4 Transfer of records and documents
27
(1)
This item applies to any records or documents that were in the
28
possession of Creative Partnerships Australia immediately before the
29
transition time.
30
Schedule 2
Transitional provisions
8
Australia Council Amendment (Creative Australia) Bill 2023
No. , 2023
(2)
The records and documents are to be transferred to the Australia
1
Council.
2
5 References in instruments
3
(1)
This item applies to an instrument that:
4
(a) was in force immediately before the transition time; and
5
(b) contains a reference to Creative Partnerships Australia.
6
(2)
The instrument has effect, after the transition time, as if the reference to
7
Creative Partnerships Australia were a reference to the Australia
8
Council.
9
(3)
This item does not prevent the instrument from being amended or
10
repealed after the transition time.
11
(4)
The rules may provide that subitem (2) does not apply in relation to a
12
specified reference or instrument.
13
6 Legal proceedings
14
If any proceedings to which Creative Partnerships Australia is a party
15
are pending in any court or tribunal immediately before the transition
16
time, the Australia Council is substituted for Creative Partnerships
17
Australia, from the transition time, as a party to those proceedings.
18
7 Assets and liabilities of Creative Partnerships Australia
19
(1)
At the transition time, the assets and liabilities of Creative Partnerships
20
Australia cease to be assets and liabilities of Creative Partnerships
21
Australia and become assets and liabilities of the Australia Council
22
without any conveyance, transfer or assignment.
23
(2)
The Australia Council becomes the successor in law in relation to those
24
assets and liabilities.
25
Assets subject to trust
26
(3)
If an asset that has become an asset of the Australia Council under this
27
item was, immediately before the transition time, held by Creative
28
Partnerships Australia on trust, that asset is taken, at and after the
29
transition time, to be held by the Australia Council on trust and subject
30
Transitional provisions
Schedule 2
No. , 2023
Australia Council Amendment (Creative Australia) Bill 2023
9
to the terms of the trust on which the asset was so held by Creative
1
Partnerships Australia.
2
8 The Australian Cultural Fund
3
(1)
This item applies to money standing to the credit of the Australian
4
Cultural Fund immediately before the transition time.
5
(2)
That money may be applied, after the transition time, only for a purpose
6
for which it could be applied immediately before the transition time.
7
9 Exemption from stamp duty and other State or Territory
8
taxes
9
(1)
No stamp duty or other tax is payable under a law of a State or a
10
Territory in respect of an exempt matter, or anything connected with an
11
exempt matter.
12
(2)
For the purposes of this item, an
exempt matter
is:
13
(a) the vesting of an asset or liability under item 7; or
14
(b) the operation of this Schedule in any other respect.
15
Evidentiary certificate
16
(3)
The Minister may certify in writing:
17
(a) that a specified matter is an exempt matter; or
18
(b) that a specified thing was connected with a specified exempt
19
matter.
20
(4)
In all courts, and for all purposes, a certificate under subitem (3) is
21
prima facie evidence of the matters stated in the certificate.
22
10 Creative Partnerships Australia employees
23
(1)
This item applies to a person who was employed by Creative
24
Partnerships Australia immediately before the transition time.
25
(2)
At the transition time, the person ceases to be employed by Creative
26
Partnerships Australia and is taken to have been employed by the
27
Australia Council under subsection 43(1) of the
Australia Council Act
28
2013
.
29
Schedule 2
Transitional provisions
10
Australia Council Amendment (Creative Australia) Bill 2023
No. , 2023
(3)
The person is taken, at the transition time, to have accrued an
1
entitlement to benefits, in connection with that employment by the
2
Australia Council, that is equivalent to the entitlement that the person
3
had, immediately before the transition time, as an employee of Creative
4
Partnerships Australia.
5
(4)
The service of the person as an employee of the Australia Council is
6
taken, for all purposes, to be continuous with the person's service as an
7
employee of Creative Partnerships Australia.
8
(5)
To avoid doubt, this item does not apply in relation to:
9
(a) a director of Creative Partnerships Australia; or
10
(b) the Chief Executive Officer of Creative Partnerships
11
Australia.
12
11 No payment as a result of transfer
13
To avoid doubt, a person who ceases to be an employee of Creative
14
Partnerships Australia by the operation of this Schedule is not entitled
15
to receive any payment or other benefit merely because the person
16
stopped being such an employee.
17
12 Final annual report
18
(1)
This item applies if:
19
(a) the transition time occurs at the end of a reporting period or
20
after the end of a reporting period; and
21
(b) the directors of Creative Partnerships Australia had not given
22
the responsible Minister an annual report under section 97 of
23
the
Public Governance, Performance and Accountability Act
24
2013
for the reporting period.
25
(2)
The Australia Council must prepare the report in accordance with
26
section 97 of the
Public Governance, Performance and Accountability
27
Act 2013
and rules made for the purposes of that section, and give the
28
report to the responsible Minister as soon as reasonably practicable after
29
the transition time.
30
13 Compensation for acquisition of property
31
(1)
If, and to the extent that, the operation of this Act would result in an
32
acquisition of property (within the meaning of paragraph 51(xxxi) of
33
Transitional provisions
Schedule 2
No. , 2023
Australia Council Amendment (Creative Australia) Bill 2023
11
the Constitution) from a person otherwise than on just terms (within the
1
meaning of that paragraph), the Commonwealth is liable to pay a
2
reasonable amount of compensation to the person.
3
(2)
If the Commonwealth and the person do not agree on the amount of the
4
compensation, the person may institute proceedings in the Federal
5
Court of Australia or the Supreme Court of a State or Territory for the
6
recovery from the Commonwealth of such reasonable amount of
7
compensation as the Court determines.
8
14 Transitional rules
9
(1)
The Minister may, by legislative instrument, make rules prescribing
10
matters:
11
(a) required or permitted by this Act to be prescribed by the
12
rules; or
13
(b) necessary or convenient to be prescribed for carrying out or
14
giving effect to this Act.
15
(2)
Without limiting subitem (1), the rules may prescribe matters of a
16
transitional nature (including prescribing any saving or application
17
provisions) relating to the transfer of functions from Creative
18
Partnerships Australia to the Australia Council.
19
(3)
To avoid doubt, the rules may not do the following:
20
(a) create an offence or civil penalty;
21
(b) provide powers of:
22
(i) arrest or detention; or
23
(ii) entry, search or seizure;
24
(c) impose a tax;
25
(d) set an amount to be appropriated from the Consolidated
26
Revenue Fund under an appropriation in this Act;
27
(e) directly amend the text of this Schedule or the
Australia
28
Council Act 2013
.
29
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
30
be made for the purposes of subitems (1) and (2).
31