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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
Creative Australia Bill 2023
No. , 2023
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to establish Creative Australia,
and for related purposes
No. , 2023
Creative Australia Bill 2023
i
Contents
Part 1
--
Preliminary
1
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Simplified outline of this Act ............................................................... 2
4
Definitions.............................................................................................. 3
5
Extension to external Territories .......................................................... 5
6
Constitutional limits .............................................................................. 5
7
Provision of financial assistance to constitutional
corporations ........................................................................................... 6
Part 2
--
Creative Australia
8
Division 1
--
Introduction
8
8
Simplified outline of this Part ............................................................... 8
Division 2
--
Establishment etc. of Creative Australia
9
9
Establishment......................................................................................... 9
10
Constitution of Creative Australia ........................................................ 9
11
Functions ................................................................................................ 9
12
Powers .................................................................................................. 11
13
Matters to be taken into account by Creative Australia .................... 12
14
Ministerial directions .......................................................................... 12
15
Creative Australia does not have privileges and immunities
of the Crown ........................................................................................ 13
Division 3
--
Parts of Creative Australia
14
16
Music Australia.................................................................................... 14
17
Creative Workplaces ........................................................................... 14
Part 3
--
The Australia Council Board
16
Division 1
--
Introduction
16
18
Simplified outline of this Part ............................................................. 16
Division 2
--
The Board
17
19
Establishment....................................................................................... 17
20
Role ...................................................................................................... 17
21
Membership ......................................................................................... 17
Division 3
--
Appointment etc. of appointed Board members
18
22
Appointment ........................................................................................ 18
23
Acting appointments ........................................................................... 19
24
Remuneration....................................................................................... 20
ii
Creative Australia Bill 2023
No. , 2023
25
Leave .................................................................................................... 20
26
Resignation .......................................................................................... 20
27
Termination.......................................................................................... 21
28
Other terms and conditions ................................................................. 21
Division 4
--
Procedures of the Board
22
29
Convening meetings ............................................................................ 22
30
Quorum ................................................................................................ 22
31
Presiding at meetings .......................................................................... 22
32
Voting at meetings............................................................................... 23
33
Minutes................................................................................................. 23
34
Conduct of meetings............................................................................ 23
35
Decisions without meetings ................................................................ 23
Part 4
--
Music Australia Council
25
Division 1
--
Introduction
25
36
Simplified outline of this Part ............................................................. 25
Division 2
--
Establishment etc. of Music Australia Council
26
37
Establishment....................................................................................... 26
38
Functions .............................................................................................. 26
39
Membership ......................................................................................... 26
Division 3
--
Appointment etc. of appointed Music Australia
Council members
27
40
Appointment ........................................................................................ 27
41
Acting appointments ........................................................................... 27
42
Remuneration....................................................................................... 28
43
Leave .................................................................................................... 29
44
Resignation .......................................................................................... 29
45
Termination.......................................................................................... 29
46
Other terms and conditions ................................................................. 30
Division 4
--
Procedures of the Music Australia Council
31
47
Procedures ............................................................................................ 31
Part 5
--
Creative Workplaces Council
32
Division 1
--
Introduction
32
48
Simplified outline of this Part ............................................................. 32
Division 2
--
Establishment etc. of Creative Workplaces Council
33
49
Establishment....................................................................................... 33
50
Functions .............................................................................................. 33
51
Membership ......................................................................................... 33
No. , 2023
Creative Australia Bill 2023
iii
Division 3
--
Appointment etc. of Creative Workplaces Council
members
34
52
Appointment ........................................................................................ 34
53
Acting appointments ........................................................................... 34
54
Remuneration....................................................................................... 35
55
Leave .................................................................................................... 36
56
Resignation .......................................................................................... 36
57
Termination.......................................................................................... 36
58
Other terms and conditions ................................................................. 37
Division 4
--
Procedures of the Creative Workplaces Council
38
59
Procedures ............................................................................................ 38
Part 6
--
Committees
39
60
Simplified outline of this Part ............................................................. 39
61
Committees .......................................................................................... 39
62
Remuneration and allowances ............................................................ 40
Part 7
--
CEO, staff and consultants
41
Division 1
--
Introduction
41
63
Simplified outline of this Part ............................................................. 41
Division 2
--
Chief Executive Officer
42
64
Establishment....................................................................................... 42
65
Role ...................................................................................................... 42
66
Appointment ........................................................................................ 42
67
Acting appointment ............................................................................. 43
68
Other paid work ................................................................................... 43
69
Remuneration....................................................................................... 43
70
Leave .................................................................................................... 44
71
Resignation .......................................................................................... 44
72
Termination.......................................................................................... 44
73
Other terms and conditions ................................................................. 45
Division 3
--
Staff and consultants
46
74
Staff ...................................................................................................... 46
75
Consultants........................................................................................... 46
Part 8
--
Reporting and finance
47
76
Simplified outline of this Part ............................................................. 47
77
Annual report etc. ................................................................................ 47
78
Money payable to Creative Australia ................................................. 47
79
Application of money by Creative Australia ..................................... 47
iv
Creative Australia Bill 2023
No. , 2023
80
Restrictions on financial transactions................................................. 48
81
Investment ............................................................................................ 49
82
Taxation ............................................................................................... 49
Part 9
--
Other matters
50
83
Simplified outline of this Part ............................................................. 50
84
Delegation by the Minister ................................................................. 50
85
Compensation for acquisition of property ......................................... 50
86
Rules ..................................................................................................... 51
No. , 2023
Creative Australia Bill 2023
1
A Bill for an Act to establish Creative Australia,
1
and for related purposes
2
The Parliament of Australia enacts:
3
Part
1--Preliminary
4
5
1 Short title
6
This Act is the
Creative Australia Act 2023
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Part 1
Preliminary
Section 3
2
Creative Australia Bill 2023
No. , 2023
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Simplified outline of this Act
10
This Act establishes Creative Australia by providing for the body
11
corporate previously known as the Australia Council to continue in
12
existence under the name Creative Australia.
13
Creative Australia
's
functions relate, in general, to supporting and
14
promoting Australian arts practice. Creative Australia must have
15
regard to the Commonwealth
Government's policies relating to the
16
arts and to directions given by the Minister.
17
The Board is responsible for ensuring the proper and efficient
18
performance of Creative Australia's functions.
The Board appoints
19
the CEO, who is responsible for the day-to-day administration of
20
Creative Australia.
21
The Music Australia Council and the Creative Workplaces Council
22
are established to advise the Board about the responsibilities of
23
Preliminary
Part 1
Section 4
No. , 2023
Creative Australia Bill 2023
3
Music Australia and Creative Workplaces, which are parts of
1
Creative Australia.
2
The Board may also establish committees to advise or assist in the
3
performance of Creative Australia's functions or the Board's
4
functions.
5
Creative Australia may engage staff and consultants.
6
4 Definitions
7
In this Act:
8
Aboriginal and Torres Strait Islander arts practice
means the
9
creation or performance, wholly or partly by artists who are
10
Aboriginal persons or Torres Strait Islanders, of arts.
11
appointed Board member
means a Board member other than the
12
CEO.
13
appointed Music Australia Council member
means a member of
14
the Music Australia Council other than the CEO.
15
arts
means the creation or performance of works of interpretative
16
expression through any medium.
17
Australian artist
means an artist who is an Australian citizen or an
18
Australian resident.
19
Australian arts practice
means the creation or performance,
20
wholly or partly by Australian artists, of arts.
21
Australian contemporary music practice
means the creation or
22
performance, wholly or partly by Australian artists, of
23
contemporary music.
24
Australian resident
means an individual who resides in Australia
25
and is the holder (within the meaning of the
Migration Act 1958
) of
26
a permanent visa (within the meaning of that Act).
27
Board
means the Australia Council Board.
28
Part 1
Preliminary
Section 4
4
Creative Australia Bill 2023
No. , 2023
Board member
means a member of the Board, and includes the
1
Chair, the Deputy Chair and the CEO.
2
CEO
means the Chief Executive Officer of Creative Australia.
3
Chair
means the Chair of the Board.
4
committee
means a committee established under section 61.
5
constitutional corporation
means a corporation to which
6
paragraph 51(xx) of the Constitution applies.
7
Creative Australia
means the body corporate continued in
8
existence by section 9 under the name Creative Australia.
9
Creative Workplaces Council
means the Creative Workplaces
10
Council established by section 49.
11
Creative Workplaces Council
member
means a member of the
12
Creative Workplaces Council, and includes the Chair of the
13
Workplaces Council.
14
Deputy Chair
means the Deputy Chair of the Board.
15
finance law
has the same meaning as in the PGPA Act.
16
Finance Minister
means the Minister administering the PGPA
17
Act.
18
Music Australia Council
means the Music Australia Council
19
established by section 37.
20
old Act
means the
Australia Council Act 2013
, as in force
21
immediately before its repeal.
22
paid work
means work for financial gain or reward (whether as an
23
employee, a self-employed person or otherwise).
24
PGPA Act
means the
Public Governance, Performance and
25
Accountability Act 2013
.
26
rules
means rules made by the Minister under section 86.
27
Preliminary
Part 1
Section 5
No. , 2023
Creative Australia Bill 2023
5
5 Extension to external Territories
1
This Act extends to the external Territories.
2
6 Constitutional limits
3
(1) Creative Australia may perform its functions only in accordance
4
with this section.
5
Main constitutional basis
6
(2) Creative Australia may perform its functions with respect to
7
activities that are peculiarly adapted to the government of a nation
8
and cannot otherwise be carried on for the benefit of the nation.
9
Other constitutional bases
10
(3) In addition, Creative Australia may perform its functions with
11
respect to:
12
(a) activities that assist a constitutional corporation in the
13
performance or development of its activities, functions,
14
relationships or business; or
15
(b) trade and commerce:
16
(i) between Australia and places outside Australia; or
17
(ii) among the States; or
18
(iii) within a Territory, between a State and a Territory or
19
between 2 Territories; or
20
(c) statistics; or
21
(d) external affairs, including:
22
(i) giving effect to any international agreement to which
23
Australia is a party; and
24
(ii) by way of the performance of its functions in a place
25
outside Australia; or
26
(e) a Territory, including in a Territory; or
27
(f) copyrights, patents of inventions and designs, and trade
28
marks; or
29
(g) support for Aboriginal and Torres Strait Islander arts
30
practice; or
31
Part 1
Preliminary
Section 7
6
Creative Australia Bill 2023
No. , 2023
(h) a postal, telegraphic, telephonic, or other like service; or
1
(i) the provision of benefits to students; or
2
(j) the executive power of the Commonwealth; or
3
(k) matters incidental to the execution of any of the legislative
4
powers of the Parliament or the executive power of the
5
Commonwealth.
6
Meaning of terms
7
(4) A term used in this section and the Constitution has the same
8
meaning in this section as it has in the Constitution.
9
7 Provision of financial assistance to constitutional corporations
10
Applications
11
(1) A constitutional corporation may apply to Creative Australia for
12
financial assistance.
13
(2) Creative Australia must consider an application made under
14
subsection (1) within a reasonable period after the application is
15
made.
16
(3) Creative Australia may provide financial assistance in the
17
performance of its functions to a constitutional corporation only if
18
the corporation has applied to Creative Australia for the assistance
19
under subsection (1).
20
Terms and conditions
21
(4) If Creative Australia decides to provide financial assistance to a
22
constitutional corporation:
23
(a) the terms and conditions on which the assistance is to be
24
provided must be set out in a written agreement between
25
Creative Australia and the corporation; and
26
(b) the corporation must comply with the terms and conditions.
27
(5) Without limiting subsection (4), the terms and conditions must
28
provide for the circumstances in which the corporation must repay
29
Preliminary
Part 1
Section 7
No. , 2023
Creative Australia Bill 2023
7
amounts of financial assistance or any other amounts to Creative
1
Australia.
2
(6) An amount payable to Creative Australia under the agreement:
3
(a) is a debt due to Creative Australia; and
4
(b) may be recovered by Creative Australia in a court of
5
competent jurisdiction.
6
Part 2
Creative Australia
Division 1
Introduction
Section 8
8
Creative Australia Bill 2023
No. , 2023
Part
2--Creative Australia
1
Division
1--Introduction
2
8 Simplified outline of this Part
3
This Part establishes Creative Australia by providing for the body
4
corporate previously known as the Australia Council to continue in
5
existence under the name Creative Australia.
6
Creative Australia's functions relate, in general, to supporting and
7
promoting Australian arts practice. Those functions include:
8
(a) promoting participation in, and the appreciation,
9
knowledge and understanding of, the arts; and
10
(b) encouraging, facilitating and recognising investment in
11
the arts; and
12
(c) providing information and advice, including to the
13
Commonwealth Government, on matters connected with
14
the arts; and
15
(d) conducting and commissioning research into, and
16
publishing information about, the arts.
17
Music Australia and Creative Workplaces, which are parts of
18
Creative Australia, have specified responsibilities relating to the
19
arts.
20
The Minister may give directions to the Board, including about the
21
performance of Creative Australia's functions.
22
Creative Australia
Part 2
Establishment etc. of Creative Australia
Division 2
Section 9
No. , 2023
Creative Australia Bill 2023
9
Division
2--Establishment etc. of Creative Australia
1
9 Establishment
2
The body corporate that was continued in existence under the name
3
the Australia Council by section 7 of the old Act continues in
4
existence as a body corporate, under and subject to the provisions
5
of this Act, under the name Creative Australia.
6
10 Constitution of Creative Australia
7
(1) Creative Australia:
8
(a) must have a seal; and
9
(b) may acquire, hold and dispose of real and personal property;
10
and
11
(c) may sue and be sued.
12
Note:
The PGPA Act applies to Creative Australia. That Act deals with
13
matters relating to corporate Commonwealth entities, including
14
reporting and the use and management of public resources.
15
(2) Creative Australia
's
seal is to be kept in such custody as the Board
16
directs and must not be used except as authorised by the Board.
17
11 Functions
18
(1) Creative Australia has the following functions:
19
(a) to support Australian arts practice that is recognised for
20
excellence;
21
(b) to foster excellence in Australian arts practice by supporting
22
a diverse range of activities;
23
(c) to support Aboriginal and Torres Strait Islander arts practice;
24
(d) to support Australian arts practice that reflects the diversity
25
of Australia;
26
(e) to uphold and promote freedom of expression in the arts;
27
(f) to promote community participation in the arts;
28
(g) to recognise and reward significant contributions made by
29
artists and other persons to the arts in Australia;
30
Part 2
Creative Australia
Division 2
Establishment etc. of Creative Australia
Section 11
10
Creative Australia Bill 2023
No. , 2023
(h) to promote the appreciation, knowledge and understanding of
1
the arts;
2
(i) to support and promote the development of markets and
3
audiences for the arts;
4
(j) to encourage, facilitate and recognise public sector, private
5
sector, philanthropic and commercial support for, and
6
investment in, the arts;
7
(k) to promote fair, safe and respectful workplaces for:
8
(i) Australian artists; and
9
(ii) persons who are employed, or otherwise engaged, by
10
organisations that engage in, or support, Australian arts
11
practice; and
12
(iii) persons otherwise involved in Australian arts practice;
13
(l) to provide information, advice, training and mentoring on
14
matters connected with the arts or the performance of
15
Creative Australia
's functions;
16
(m) to provide information and advice to the Commonwealth
17
Government on matters connected with the arts or the
18
performance of Creative Australia
's functions;
19
(n) to conduct and commission research into, and publish
20
information about, the arts, and support for, and investment
21
in, the arts;
22
(o) to evaluate, and publish information about, the impact of the
23
support Creative Australia provides;
24
(p) to undertake any other function conferred on it by this Act or
25
any other law of the Commonwealth;
26
(q) to do anything incidental or conducive to the performance of
27
any of the above functions.
28
Creative Australia may charge fees
29
(2) Creative Australia may charge fees for things done in performing
30
its functions.
31
(3) A fee must not be such as to amount to taxation.
32
Creative Australia
Part 2
Establishment etc. of Creative Australia
Division 2
Section 12
No. , 2023
Creative Australia Bill 2023
11
Creative Australia may cooperate with others
1
(4) Creative Australia may perform its functions alone or together with
2
other persons.
3
Creative Australia may perform functions outside Australia
4
(5) The functions of Creative Australia may be performed within or
5
outside Australia.
6
(6) However, Creative Australia may only perform its functions
7
outside Australia if it does so for the benefit of Australia,
8
Australian citizens or Australian residents.
9
12 Powers
10
(1) Creative Australia has power to do all things necessary or
11
convenient to be done for, or in connection with, the performance
12
of its functions.
13
(2) Creative Australia
's powers include, but are not limited to, the
14
following powers:
15
(a) the power to enter into contracts;
16
(b) the power to erect buildings;
17
(c) the power to occupy, use and control any land or building
18
owned or held under lease by the Commonwealth and made
19
available for the purposes of Creative Australia;
20
(d) the power to acquire, hold and dispose of real or personal
21
property;
22
(e) the power to accept gifts, devises, bequests and assignments
23
(whether on trust or otherwise);
24
(f) the power to act as trustee of money or other property vested
25
in Creative Australia on trust;
26
(g) the power to provide financial assistance (whether by way of
27
loan, grant, investment, award or otherwise and whether on
28
commercial terms or otherwise);
29
(h) the power to provide guarantees;
30
(i) the power to commission or sponsor arts projects or other
31
activities;
32
Part 2
Creative Australia
Division 2
Establishment etc. of Creative Australia
Section 13
12
Creative Australia Bill 2023
No. , 2023
(j) the power to provide or administer services, facilities,
1
programs or equipment;
2
(k) the power to do anything incidental to any of its powers.
3
(3) Despite anything contained in this Act, any money or other
4
property held by Creative Australia on trust, or accepted by
5
Creative Australia subject to a condition, must be dealt with in
6
accordance with the obligations of Creative Australia as trustee of
7
the trust, or as the person who has accepted the money or other
8
property subject to the condition.
9
13 Matters to be taken into account by Creative Australia
10
Creative Australia must, in the performance of its functions and the
11
exercise of its powers, have regard to:
12
(a) the policies of the Commonwealth Government in relation to
13
the arts; and
14
(b) any matters specified in directions given under
15
subsection 14(1).
16
14 Ministerial directions
17
(1) The Minister may, by legislative instrument, give directions to the
18
Board:
19
(a) in relation to the performance of functions, and the exercise
20
of powers, of Creative Australia; or
21
(b) requiring the provision of a report or advice on a matter that
22
relates to any of Creative Australia
's fun
ctions or powers.
23
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
24
Legislation Act 2003
do not apply to the directions (see regulations
25
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
26
Act).
27
(2) The Minister must not give a direction in relation to the making of
28
a decision by Creative Australia, in a particular case, relating to the
29
provision of support (including by the provision of financial
30
assistance or a guarantee).
31
(3) The Board must ensure that any direction given by the Minister
32
under subsection (1) is complied with.
33
Creative Australia
Part 2
Establishment etc. of Creative Australia
Division 2
Section 15
No. , 2023
Creative Australia Bill 2023
13
(4) This section does not limit the operation of section 19 of the PGPA
1
Act (which deals with the duty to keep the responsible Minister
2
and Finance Minister informed).
3
15 Creative Australia does not have privileges and immunities of the
4
Crown
5
Creative Australia does not have the privileges and immunities of
6
the Crown in right of the Commonwealth.
7
Part 2
Creative Australia
Division 3
Parts of Creative Australia
Section 16
14
Creative Australia Bill 2023
No. , 2023
Division
3--Parts of Creative Australia
1
16 Music Australia
2
(1) There is to be a part of Creative Australia known as Music
3
Australia.
4
(2) Music Australia is responsible for:
5
(a) supporting and promoting Australian contemporary music
6
practice; and
7
(b) supporting and promoting the development of markets and
8
audiences for Australian contemporary music practice; and
9
(c) any other matter as directed by the Board.
10
(3) The CEO must, in writing, designate an employee of Creative
11
Australia as the director of Music Australia.
12
(4) The CEO must consult the Minister before designating a person
13
under subsection (3).
14
17 Creative Workplaces
15
(1) There is to be a part of Creative Australia known as Creative
16
Workplaces.
17
(2) Creative Workplaces is responsible for:
18
(a) promoting fair, safe and respectful workplaces for:
19
(i) Australian artists; and
20
(ii) persons who are employed, or otherwise engaged, by
21
organisations that engage in, or support, Australian arts
22
practice; and
23
(iii) persons otherwise involved in Australian arts practice;
24
and
25
(b) providing information and advice about the matter mentioned
26
in paragraph (a); and
27
(c) any other matter as directed by the Board.
28
Creative Australia
Part 2
Parts of Creative Australia
Division 3
Section 17
No. , 2023
Creative Australia Bill 2023
15
(3) The CEO must, in writing, designate an employee of Creative
1
Australia as the director of Creative Workplaces.
2
(4) The CEO must consult the Minister before designating a person
3
under subsection (3).
4
Part 3
The Australia Council Board
Division 1
Introduction
Section 18
16
Creative Australia Bill 2023
No. , 2023
Part
3--The Australia Council Board
1
Division
1--Introduction
2
18 Simplified outline of this Part
3
This Part establishes the Australia Council Board.
4
The Board is responsible for ensuring the proper and efficient
5
performance of Creative Australia's
functions.
6
The Board consists of the Chair, the Deputy Chair, the CEO and up
7
to 11 other members. The Minister appoints the members of the
8
Board other than the CEO. The Minister must consult the Chair
9
before appointing a member other than the Chair.
10
This Part also deals with the terms and conditions of appointment
11
for appointed Board members and the meetings of the Board.
12
The Australia Council Board
Part 3
The Board
Division 2
Section 19
No. , 2023
Creative Australia Bill 2023
17
Division
2--The Board
1
19 Establishment
2
The Australia Council Board is established by this section.
3
20 Role
4
(1) The Board is responsible for ensuring the proper and efficient
5
performance of Creative Australia
's functions.
6
(2) The Board has power to do all things necessary or convenient to be
7
done for, or in connection with, the performance of its duties.
8
(3) Anything done in the name of, or on behalf of, Creative Australia
9
by the Board, or with the authority of the Board, is taken to have
10
been done by Creative Australia.
11
(4) If a function or power of Creative Australia is dependent on the
12
opinion, belief or state of mind of Creative Australia in relation to
13
a matter, the function or power may be performed or exercised
14
upon the opinion, belief or state of mind of a person or body acting
15
as mentioned in subsection (3) in relation to that matter.
16
21 Membership
17
(1) The Board consists of the following members:
18
(a) the Chair;
19
(b) the Deputy Chair;
20
(c) the CEO;
21
(d) not fewer than 5, and not more than 11, other members.
22
(2) The performance of the functions, or the exercise of the powers, of
23
the Board is not affected by reason only of the number of Board
24
members falling below 8 (but not below 6) for a period of not more
25
than 6 months.
26
Part 3
The Australia Council Board
Division 3
Appointment etc. of appointed Board members
Section 22
18
Creative Australia Bill 2023
No. , 2023
Division
3--Appointment etc. of appointed Board
1
members
2
22 Appointment
3
(1) The appointed Board members are to be appointed by the Minister
4
by written instrument.
5
Note:
The
appointed Board members
are the Board members other than the
6
CEO (see section 4).
7
(2) The Minister must consult the Chair before appointing an
8
appointed Board member other than the Chair.
9
(3) A person must not be appointed as an appointed Board member
10
unless the Minister is satisfied that the person has appropriate
11
qualifications, knowledge, skills or experience.
12
(4) In making appointments, the Minister must have regard to the
13
desirability of the Board including members who have skills,
14
experience or involvement in the arts.
15
(5) An appointed Board member holds office on a part-time basis.
16
(6) An appointed Board member holds office for the period specified
17
in the instrument of appointment. The period must not exceed 4
18
years.
19
Note:
An appointed Board member may be reappointed: see section 33AA
20
of the
Acts Interpretation Act 1901
.
21
(7) A person must not be appointed as an appointed Board member for
22
a period if the sum of the following exceeds 9 years:
23
(a) that period;
24
(b) any periods of previous appointment of the person as an
25
appointed Board member (within the meaning of this Act or
26
the old Act).
27
The Australia Council Board
Part 3
Appointment etc. of appointed Board members
Division 3
Section 23
No. , 2023
Creative Australia Bill 2023
19
23 Acting appointments
1
Acting by operation of law
2
(1) The Deputy Chair is to act as the Chair:
3
(a) during a vacancy in the office of Chair (whether or not an
4
appointment has previously been made to the office); or
5
(b) during any period, or during all periods, when the Chair:
6
(i) is absent from duty; or
7
(ii) is, for any reason, unable to perform the duties of the
8
office.
9
Acting appointments
10
(2) The Minister may, by written instrument, appoint an appointed
11
Board member to act as the Deputy Chair:
12
(a) during a vacancy in the office of Deputy Chair (whether or
13
not an appointment has previously been made to the office);
14
or
15
(b) during any period, or during all periods, when the Deputy
16
Chair:
17
(i) is acting as the Chair; or
18
(ii) is absent from duty; or
19
(iii) is, for any reason, unable to perform the duties of the
20
office.
21
(3) The Minister may, by written instrument, appoint a person to act as
22
an appointed Board member (other than the Chair or the Deputy
23
Chair):
24
(a) during a vacancy in the office of an appointed Board member
25
(whether or not an appointment has previously been made to
26
the office); or
27
(b) during any period, or during all periods, when an appointed
28
Board member:
29
(i) is acting as the Deputy Chair; or
30
(ii) is absent from duty; or
31
(iii) is, for any reason, unable to perform the duties of the
32
office.
33
Part 3
The Australia Council Board
Division 3
Appointment etc. of appointed Board members
Section 24
20
Creative Australia Bill 2023
No. , 2023
Qualifications etc. of acting Board members
1
(4) Subsections 22(3), (4) and (7) apply to an appointment under
2
subsection (3) of this section in the same way as they apply to an
3
appointment under section 22.
4
Note:
For rules that apply to acting appointments, see sections 33AB and
5
33A of the
Acts Interpretation Act 1901
.
6
24 Remuneration
7
(1) An appointed Board member is to be paid the remuneration that is
8
determined by the Remuneration Tribunal. If no determination of
9
that remuneration by the Tribunal is in operation, the member is to
10
be paid the remuneration that is prescribed by the rules.
11
(2) An appointed Board member is to be paid the allowances that are
12
prescribed by the rules.
13
(3) This section has effect subject to the
Remuneration Tribunal Act
14
1973
.
15
25 Leave
16
(1) The Minister may grant the Chair leave of absence on the terms
17
and conditions that the Minister determines.
18
(2) The Chair may grant leave of absence to any other appointed
19
Board member on the terms and conditions that the Chair
20
determines.
21
(3) The Chair must notify the Minister if the Chair grants an appointed
22
Board member leave of absence for a period that exceeds 6
23
months.
24
26 Resignation
25
(1) An appointed Board member may resign
the member's
26
appointment by giving the Minister a written resignation.
27
The Australia Council Board
Part 3
Appointment etc. of appointed Board members
Division 3
Section 27
No. , 2023
Creative Australia Bill 2023
21
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
27 Termination
4
(1) The Minister may terminate the appointment of an appointed
5
Board member:
6
(a) for misbehaviour; or
7
(b) if the member is unable to perform the duties of the
8
member
's
office because of physical or mental incapacity.
9
(2) The Minister must terminate the appointment of an appointed
10
Board member if:
11
(a) the member:
12
(i) becomes bankrupt; or
13
(ii) applies to take the benefit of any law for the relief of
14
bankrupt or insolvent debtors; or
15
(iii) compounds with
the member's
creditors; or
16
(iv) makes an assignment of
the member's
remuneration for
17
the benefit of
the member's
creditors; or
18
(b) the member is absent, except on leave of absence, from 3
19
consecutive meetings of the Board.
20
Note:
The appointment of an appointed Board member may also be
21
terminated under section 30 of the PGPA Act (which deals with
22
terminating the appointment of an accountable authority, or a member
23
of an accountable authority, for contravening general duties of
24
officials).
25
28 Other terms and conditions
26
An appointed Board member holds office on the terms and
27
conditions (if any) in relation to matters not covered by this Act
28
that are determined by the Minister.
29
Part 3
The Australia Council Board
Division 4
Procedures of the Board
Section 29
22
Creative Australia Bill 2023
No. , 2023
Division
4--Procedures of the Board
1
29 Convening meetings
2
(1) The Board must hold such meetings as are necessary for the
3
efficient performance of its functions.
4
(2) The Chair:
5
(a) may convene a meeting at any time; and
6
(b) must convene at least 4 meetings each calendar year; and
7
(c) must convene a meeting within 30 days after receiving a
8
written request to do so from:
9
(i) a majority of the current appointed Board members; or
10
(ii) the Minister.
11
30 Quorum
12
(1) At a meeting of the Board, a quorum is constituted by a majority of
13
the current appointed Board members.
14
(2) However, if:
15
(a) an appointed Board member is required by rules made for the
16
purposes of section 29 of the PGPA Act
not to be present
17
during the deliberations, or to take part in any decision, of the
18
Board with respect to a particular matter; and
19
(b) when the appointed Board member leaves the meeting
20
concerned there is no longer a quorum present;
21
the remaining appointed Board members constitute a quorum for
22
the purposes of any deliberation or decision at that meeting with
23
respect to that matter.
24
31 Presiding at meetings
25
(1) The Chair must preside at all meetings of the Board at which the
26
Chair is present.
27
(2) If the Chair is not present at a meeting of the Board, the Deputy
28
Chair, if present, must preside at the meeting.
29
The Australia Council Board
Part 3
Procedures of the Board
Division 4
Section 32
No. , 2023
Creative Australia Bill 2023
23
(3) If neither the Chair nor the Deputy Chair is present at a meeting of
1
the Board, the other appointed Board members present must
2
appoint one of themselves to preside.
3
32 Voting at meetings
4
(1) A question arising at a meeting of the Board is to be determined by
5
a majority of the votes of the appointed Board members present
6
and voting.
7
(2) The person presiding at the meeting of the Board has a deliberative
8
vote and, if the votes are equal, a casting vote.
9
33 Minutes
10
The Board must keep minutes of its meetings.
11
34 Conduct of meetings
12
The Board may, subject to this Division, regulate proceedings at its
13
meetings as it considers appropriate.
14
Note:
Section 33B of the
Acts Interpretation Act 1901
contains further
15
information about the ways in which Board members may participate
16
in meetings.
17
35 Decisions without meetings
18
(1) The Board is taken to have made a decision at a meeting if:
19
(a) without meeting, a majority of the current appointed Board
20
members entitled to vote on the proposed decision indicate
21
agreement with the decision; and
22
(b) that agreement is indicated in accordance with the method
23
determined by the Board under subsection (2); and
24
(c) all the current appointed Board members were informed of
25
the proposed decision, or reasonable efforts were made to
26
inform all the current appointed Board members of the
27
proposed decision.
28
(2) Subsection (1) applies only if the Board:
29
Part 3
The Australia Council Board
Division 4
Procedures of the Board
Section 35
24
Creative Australia Bill 2023
No. , 2023
(a) has determined that it may make decisions of that kind
1
without meeting; and
2
(b) has determined the method by which appointed Board
3
members are to indicate agreement with proposed decisions.
4
(3) For the purposes of paragraph (1)(a), an appointed Board member
5
is not entitled to vote on a proposed decision if the member would
6
not have been entitled to vote on that proposal if the matter had
7
been considered at a meeting of the Board.
8
(4) The Board must keep a record of decisions made in accordance
9
with this section.
10
Music Australia Council
Part 4
Introduction
Division 1
Section 36
No. , 2023
Creative Australia Bill 2023
25
Part
4--Music Australia Council
1
Division
1--Introduction
2
36 Simplified outline of this Part
3
This Part establishes the Music Australia Council.
4
The function of the Music Australia Council is to advise the Board
5
about the responsibilities of Music Australia. The Board may also
6
direct the Council to perform a particular function, or exercise a
7
particular power, of Creative Australia.
8
The Council consists of the Chair of the Council and 8 other
9
members. The CEO must be the Chair of the Council and the other
10
members are appointed by the Minister.
11
This Part also deals with the terms and conditions of appointment
12
for Council members (other than the CEO) and the procedures of
13
the Council.
14
Part 4
Music Australia Council
Division 2
Establishment etc. of Music Australia Council
Section 37
26
Creative Australia Bill 2023
No. , 2023
Division
2--Establishment etc. of Music Australia Council
1
37 Establishment
2
The Music Australia Council is established by this section.
3
38 Functions
4
(1) The Music Australia Council has the following functions:
5
(a) to advise the Board about the responsibilities of Music
6
Australia;
7
(b) to perform a function, or exercise a power, of Creative
8
Australia as directed under subsection (2);
9
(c) to do anything incidental or conducive to the performance of
10
any of the above functions.
11
(2) The Board may direct the Music Australia Council to perform a
12
particular function, and to exercise a particular power, of Creative
13
Australia.
14
(3) The Board may give directions to the Music Australia Council
15
relating
to the performance of the Council's functions. The Council
16
must comply with any such directions.
17
(4) If a direction given under subsection (2) or (3) is given in writing,
18
the direction is not a legislative instrument.
19
39 Membership
20
(1) The Music Australia Council consists of:
21
(a) the Chair of the Music Australia Council; and
22
(b) 8 other members.
23
(2) The Chair of the Music Australia Council must be the CEO.
24
(3) For the purposes of the finance law, an appointed Music Australia
25
Council member is an official of Creative Australia.
26
Music Australia Council
Part 4
Appointment etc. of appointed Music Australia Council members
Division 3
Section 40
No. , 2023
Creative Australia Bill 2023
27
Division
3--Appointment etc. of appointed Music Australia
1
Council members
2
40 Appointment
3
(1) The appointed Music Australia Council members are to be
4
appointed by the Minister by written instrument.
5
Note:
The
appointed Music Australia Council members
are the members of
6
the Music Australia Council other than the CEO (see section 4).
7
(2) The Minister must consult the Chair of the Music Australia
8
Council before appointing an appointed Music Australia Council
9
member.
10
(3) A person must not be appointed as an appointed Music Australia
11
Council member unless the Minister is satisfied that the person has
12
appropriate qualifications, knowledge, skills or experience.
13
(4) An appointed Music Australia Council member holds office on a
14
part-time basis.
15
(5) An appointed Music Australia Council member holds office for the
16
period specified in the instrument of appointment. The period must
17
not exceed 4 years.
18
Note:
An appointed Music Australia Council member may be reappointed:
19
see section 33AA of the
Acts Interpretation Act 1901
.
20
(6) A person must not be appointed as an appointed Music Australia
21
Council member for a period if the sum of the following exceeds 9
22
years:
23
(a) that period;
24
(b) any periods of previous appointment of the person as an
25
appointed Music Australia Council member.
26
41 Acting appointments
27
(1) The Minister may, by written instrument, appoint an appointed
28
Music Australia Council member to act as the Chair of the Music
29
Australia Council:
30
Part 4
Music Australia Council
Division 3
Appointment etc. of appointed Music Australia Council members
Section 42
28
Creative Australia Bill 2023
No. , 2023
(a) during a vacancy in the office of Chair of the Music Australia
1
Council (whether or not an appointment has previously been
2
made to the office); or
3
(b) during any period, or during all periods, when the Chair of
4
the Music Australia Council:
5
(i) is absent from duty; or
6
(ii) is, for any reason, unable to perform the duties of the
7
office.
8
(2) The Minister may, by written instrument, appoint a person to act as
9
an appointed Music Australia Council member:
10
(a) during a vacancy in the office of an appointed Music
11
Australia Council member (whether or not an appointment
12
has previously been made to the office); or
13
(b) during any period, or during all periods, when an appointed
14
Music Australia Council member:
15
(i) is acting as the Chair of the Music Australia Council; or
16
(ii) is absent from duty; or
17
(iii) is, for any reason, unable to perform the duties of the
18
office.
19
(3) Subsections 40(3) and (6) apply in relation to appointments under
20
subsection (2) of this section in the same way as they apply to an
21
appointment under section 40.
22
Note:
For rules that apply to acting appointments, see sections 33AB and
23
33A of the
Acts Interpretation Act 1901
.
24
42 Remuneration
25
(1) An appointed Music Australia Council member is to be paid the
26
remuneration that is determined by the Remuneration Tribunal. If
27
no determination of that remuneration by the Tribunal is in
28
operation, the member is to be paid the remuneration that is
29
prescribed by the rules.
30
(2) An appointed Music Australia Council member is to be paid the
31
allowances that are prescribed by the rules.
32
Music Australia Council
Part 4
Appointment etc. of appointed Music Australia Council members
Division 3
Section 43
No. , 2023
Creative Australia Bill 2023
29
(3) This section has effect subject to the
Remuneration Tribunal Act
1
1973
.
2
43 Leave
3
(1) The Minister may grant the Chair of the Music Australia Council
4
leave of absence on the terms and conditions that the Minister
5
determines.
6
(2) The Chair of the Music Australia Council may grant leave of
7
absence to any appointed Music Australia Council member on the
8
terms and conditions that the Chair determines.
9
(3) The Chair of the Music Australia Council must notify the Minister
10
if the Chair grants an appointed Music Australia Council member
11
leave of absence for a period that exceeds 6 months.
12
44 Resignation
13
(1) An appointed Music Australia Council member may resign the
14
member's appointment by giving the Minister a written
15
resignation.
16
(2) The resignation takes effect on the day it is received by the
17
Minister or, if a later day is specified in the resignation, on that
18
later day.
19
45 Termination
20
(1) The Minister may terminate the appointment of an appointed
21
Music Australia Council member:
22
(a) for misbehaviour; or
23
(b) if the member is unable to perform the duties of the
24
member's office because of physical or mental incapacity.
25
(2) The Minister must terminate the appointment of an appointed
26
Music Australia Council member if:
27
(a) the member:
28
(i) becomes bankrupt; or
29
Part 4
Music Australia Council
Division 3
Appointment etc. of appointed Music Australia Council members
Section 46
30
Creative Australia Bill 2023
No. , 2023
(ii) applies to take the benefit of any law for the relief of
1
bankrupt or insolvent debtors; or
2
(iii)
compounds with the member's creditors; or
3
(iv)
makes an assignment of the member's remuneration for
4
the benefit of the member's creditors; or
5
(b) the member is absent, except on leave of absence, from 3
6
consecutive meetings of the Music Australia Council.
7
46 Other terms and conditions
8
An appointed Music Australia Council member holds office on the
9
terms and conditions (if any) in relation to matters not covered by
10
this Act that are determined by the Minister.
11
Music Australia Council
Part 4
Procedures of the Music Australia Council
Division 4
Section 47
No. , 2023
Creative Australia Bill 2023
31
Division
4--Procedures of the Music Australia Council
1
47 Procedures
2
(1) The Music Australia Council may, subject to any direction given
3
under subsection (2), determine its own procedures.
4
(2) The Board may give the Music Australia Council written directions
5
about the Council's procedures.
6
(3) A direction given under subsection (2) is not a legislative
7
instrument.
8
Part 5
Creative Workplaces Council
Division 1
Introduction
Section 48
32
Creative Australia Bill 2023
No. , 2023
Part
5--Creative Workplaces Council
1
Division
1--Introduction
2
48 Simplified outline of this Part
3
This Part establishes the Creative Workplaces Council.
4
The function of the Creative Workplaces Council is to advise the
5
Board about the responsibilities of Creative Workplaces. The
6
Board may also direct the Council to perform a particular function,
7
or exercise a particular power, of Creative Australia.
8
The Council consists of the Chair of the Council and 6 other
9
members, all of whom are appointed by the Minister. The CEO is
10
not eligible for appointment.
11
This Part also deals with the terms and conditions of appointment
12
for Council members and the procedures of the Council.
13
Creative Workplaces Council
Part 5
Establishment etc. of Creative Workplaces Council
Division 2
Section 49
No. , 2023
Creative Australia Bill 2023
33
Division
2--Establishment etc. of Creative Workplaces
1
Council
2
49 Establishment
3
The Creative Workplaces Council is established by this section.
4
50 Functions
5
(1) The Creative Workplaces Council has the following functions:
6
(a) to advise the Board about the responsibilities of Creative
7
Workplaces;
8
(b) to perform a function, or exercise a power, of Creative
9
Australia as directed under subsection (2);
10
(c) to do anything incidental or conducive to the performance of
11
the above functions.
12
(2) The Board may direct the Creative Workplaces Council to perform
13
a particular function, and to exercise a particular power, of
14
Creative Australia.
15
(3) The Board may give directions to the Creative Workplaces Council
16
relating to the performance of the Council's functions. The Council
17
must comply with any such directions.
18
(4) If a direction given under subsection (2) or (3) is given in writing,
19
the direction is not a legislative instrument.
20
51 Membership
21
(1) The Creative Workplaces Council consists of:
22
(a) the Chair of the Creative Workplaces Council; and
23
(b) 6 other members.
24
(2) For the purposes of the finance law, a Creative Workplaces
25
Council member is an official of Creative Australia.
26
Part 5
Creative Workplaces Council
Division 3
Appointment etc. of Creative Workplaces Council members
Section 52
34
Creative Australia Bill 2023
No. , 2023
Division
3--Appointment etc. of Creative Workplaces
1
Council members
2
52 Appointment
3
(1) The Creative Workplaces Council members are to be appointed by
4
the Minister by written instrument.
5
(2) The Minister must consult the Chair of the Creative Workplaces
6
Council before appointing another Creative Workplaces Council
7
member.
8
(3) A person must not be appointed as a Creative Workplaces Council
9
member unless the Minister is satisfied that the person has
10
appropriate qualifications, knowledge, skills or experience.
11
(4) The CEO must not be appointed as a Creative Workplaces Council
12
member.
13
(5) A Creative Workplaces Council member holds office on a
14
part-time basis.
15
(6) A Creative Workplaces Council member holds office for the period
16
specified in the instrument of appointment. The period must not
17
exceed 4 years.
18
Note:
A Creative Workplaces Council member may be reappointed: see
19
section 33AA of the
Acts Interpretation Act 1901
.
20
(7) A person must not be appointed as a Creative Workplaces Council
21
member for a period if the sum of the following exceeds 9 years:
22
(a) that period;
23
(b) any periods of previous appointment of the person as a
24
Creative Workplaces Council member.
25
53 Acting appointments
26
(1) The Minister may, by written instrument, appoint a Creative
27
Workplaces Council member to act as the Chair of the Creative
28
Workplaces Council:
29
Creative Workplaces Council
Part 5
Appointment etc. of Creative Workplaces Council members
Division 3
Section 54
No. , 2023
Creative Australia Bill 2023
35
(a) during a vacancy in the office of Chair of the Creative
1
Workplaces Council (whether or not an appointment has
2
previously been made to the office); or
3
(b) during any period, or during all periods, when the Chair of
4
the Creative Workplaces Council:
5
(i) is absent from duty; or
6
(ii) is, for any reason, unable to perform the duties of the
7
office.
8
(2) The Minister may, by written instrument, appoint a person to act as
9
a Creative Workplaces Council member (other than the Chair of
10
the Creative Workplaces Council):
11
(a) during a vacancy in the office of a Creative Workplaces
12
Council member (whether or not an appointment has
13
previously been made to the office); or
14
(b) during any period, or during all periods, when a Creative
15
Workplaces Council member:
16
(i) is acting as the Chair; or
17
(ii) is absent from duty; or
18
(iii) is, for any reason, unable to perform the duties of the
19
office.
20
(3) Subsections 52(3), (4) and (7) apply to an appointment under
21
subsection (2) of this section in the same way as they apply to an
22
appointment under section 52.
23
Note:
For rules that apply to acting appointments, see sections 33AB and
24
33A of the
Acts Interpretation Act 1901
.
25
54 Remuneration
26
(1) A Creative Workplaces Council member is to be paid the
27
remuneration that is determined by the Remuneration Tribunal. If
28
no determination of that remuneration by the Tribunal is in
29
operation, the member is to be paid the remuneration that is
30
prescribed by the rules.
31
(2) A Creative Workplaces Council member is to be paid the
32
allowances that are prescribed by the rules.
33
Part 5
Creative Workplaces Council
Division 3
Appointment etc. of Creative Workplaces Council members
Section 55
36
Creative Australia Bill 2023
No. , 2023
(3) This section has effect subject to the
Remuneration Tribunal Act
1
1973
.
2
55 Leave
3
(1) The Minister may grant the Chair of the Creative Workplaces
4
Council leave of absence on the terms and conditions that the
5
Minister determines.
6
(2) The Chair of the Creative Workplaces Council may grant leave of
7
absence to any other Creative Workplaces Council member on the
8
terms and conditions that the Chair determines.
9
(3) The Chair of the Creative Workplaces Council must notify the
10
Minister if the Chair grants another Creative Workplaces Council
11
leave of absence for a period that exceeds 6 months.
12
56 Resignation
13
(1) A Creative Workplaces Council member may resig
n the member's
14
appointment by giving the Minister a written resignation.
15
(2) The resignation takes effect on the day it is received by the
16
Minister or, if a later day is specified in the resignation, on that
17
later day.
18
57 Termination
19
(1) The Minister may terminate the appointment of a Creative
20
Workplaces Council member:
21
(a) for misbehaviour; or
22
(b) if the member is unable to perform the duties of the
23
member's office because of physical or mental incapacity.
24
(2) The Minister must terminate the appointment of a Creative
25
Workplaces Council member if:
26
(a) the member:
27
(i) becomes bankrupt; or
28
(ii) applies to take the benefit of any law for the relief of
29
bankrupt or insolvent debtors; or
30
Creative Workplaces Council
Part 5
Appointment etc. of Creative Workplaces Council members
Division 3
Section 58
No. , 2023
Creative Australia Bill 2023
37
(iii)
compounds with the member's creditors; or
1
(iv) makes an assi
gnment of the member's remuneration for
2
the benefit of the member's creditors; or
3
(b) the member is absent, except on leave of absence, from 3
4
consecutive meetings of the Creative Workplaces Council.
5
58 Other terms and conditions
6
A Creative Workplaces Council member holds office on the terms
7
and conditions (if any) in relation to matters not covered by this
8
Act that are determined by the Minister.
9
Part 5
Creative Workplaces Council
Division 4
Procedures of the Creative Workplaces Council
Section 59
38
Creative Australia Bill 2023
No. , 2023
Division
4--Procedures of the Creative Workplaces
1
Council
2
59 Procedures
3
(1) The Creative Workplaces Council may, subject to any direction
4
given under subsection (2), determine its own procedures.
5
(2) The Board may give the Creative Workplaces Council written
6
directions about the Council's procedures.
7
(3) A direction given under subsection (2) is not a legislative
8
instrument.
9
Committees
Part 6
Section 60
No. , 2023
Creative Australia Bill 2023
39
Part
6--Committees
1
2
60 Simplified outline of this Part
3
This Part provides for the Board to establish committees to advise
4
or assist in the performance of Creative Australia's functions or the
5
Board's functions,
in accordance with any determinations or
6
directions by the Board.
7
61 Committees
8
(1) The Board may establish committees to advise or assist in the
9
performance of Creative Australia
's functions or the Board's
10
functions.
11
(2) If the terms of reference of a committee include providing advice,
12
or making recommendations, about policy, or the provision of
13
financial assistance or guarantees, in relation to the arts (or any of
14
the arts), the Board must ensure that the members of the committee
15
include at least one person who has relevant experience in the arts.
16
(3) A committee may be constituted:
17
(a) wholly by Board members; or
18
(b) wholly by persons who are not Board members; or
19
(c) partly by Board members and partly by other persons.
20
(4) The Board may determine for a committee:
21
(a) t
he committee's terms of reference; and
22
(b) subject to section 62, the terms and conditions of
23
appointment of the members of the committee; and
24
(c) the procedures to be followed by the committee.
25
(5) The Board may give directions to a committee in relation to the
26
advice or assistance that the committee is to provide to the Board.
27
The committee must comply with those directions.
28
Part 6
Committees
Section 62
40
Creative Australia Bill 2023
No. , 2023
(6) If a direction given to a committee under subsection (5) is in
1
writing, the direction is not a legislative instrument.
2
(7) For the purposes of the finance law, a member of a committee
3
established under this section is an official of Creative Australia.
4
62 Remuneration and allowances
5
(1) This section applies if a committee is established under section 61.
6
(2) A committee member is to be paid the remuneration that is
7
determined by the Remuneration Tribunal. If no determination of
8
that remuneration by the Tribunal is in operation, the member is to
9
be paid the remuneration that is prescribed by the rules.
10
(3) A committee member is to be paid the allowances that are
11
prescribed by the rules.
12
(4) This section has effect subject to the
Remuneration Tribunal Act
13
1973
.
14
CEO, staff and consultants
Part 7
Introduction
Division 1
Section 63
No. , 2023
Creative Australia Bill 2023
41
Part
7--CEO, staff and consultants
1
Division
1--Introduction
2
63 Simplified outline of this Part
3
There is to be a Chief Executive Officer of Creative Australia, who
4
is responsible for the day-to-day administration of Creative
5
Australia.
6
The CEO is appointed by the Board with the written agreement of
7
the Minister and must act in accordance with any policies
8
determined, and any directions given, by the Board.
9
This Part also makes provision for Creative Australia to engage
10
staff and consultants.
11
Part 7
CEO, staff and consultants
Division 2
Chief Executive Officer
Section 64
42
Creative Australia Bill 2023
No. , 2023
Division
2--Chief Executive Officer
1
64 Establishment
2
There is to be a Chief Executive Officer of Creative Australia.
3
65 Role
4
(1) The CEO is responsible for the day-to-day administration of
5
Creative Australia.
6
Note:
The CEO is also a member of the Board (see section 21), but is not
7
entitled to vote at meetings of the Board (see section 32 and the
8
definition of
appointed Board member
in section 4).
9
(2) The CEO has power to do all things necessary or convenient to be
10
done for, or in connection with, the performance of
the CEO's
11
duties.
12
(3) The CEO is to act in accordance with any policies determined, and
13
any directions given, by the Board.
14
(4) All acts and things done in the name of, or on behalf of, Creative
15
Australia by the CEO, or with the authority of the CEO, are taken
16
to have been done by Creative Australia.
17
(5) If a function or power of Creative Australia is dependent on the
18
opinion, belief or state of mind of Creative Australia in relation to
19
a matter, the function or power may be performed or exercised
20
upon the opinion, belief or state of mind of a person or body acting
21
as mentioned in subsection (4) in relation to that matter.
22
(6) If a policy or direction under subsection (3) is in writing, the policy
23
or direction is not a legislative instrument.
24
66 Appointment
25
(1) The CEO is to be appointed by the Board with the written
26
agreement of the Minister.
27
(2) The appointment is to be by written instrument.
28
CEO, staff and consultants
Part 7
Chief Executive Officer
Division 2
Section 67
No. , 2023
Creative Australia Bill 2023
43
(3) The CEO holds office on a full-time basis.
1
(4) The CEO holds office for the period specified in the instrument of
2
appointment. The period must not exceed 5 years.
3
Note:
The CEO may be reappointed: see section 33AA of the
Acts
4
Interpretation Act 1901
.
5
67 Acting appointment
6
The Board may, with the written agreement of the Minister,
7
appoint a person to act as the CEO:
8
(a) during a vacancy in the office of the CEO (whether or not an
9
appointment has previously been made to the office); or
10
(b) during any period, or during all periods, when the CEO:
11
(i) is absent from duty; or
12
(ii) is, for any reason, unable to perform the duties of the
13
office.
14
Note:
For rules that apply to acting appointments, see sections 33AB and
15
33A of the
Acts Interpretation Act 1901
.
16
68 Other paid work
17
(1) The CEO must not engage in paid work outside the duties of the
18
CEO's office without the Chair's approval.
19
(2) The Chair must notify the Minister of any approval given under
20
subsection (1).
21
69 Remuneration
22
(1) The CEO is to be paid the remuneration that is determined by the
23
Remuneration Tribunal. If no determination of that remuneration
24
by the Tribunal is in operation, the CEO is to be paid the
25
remuneration that is prescribed by the rules.
26
(2) The CEO is to be paid the allowances that are prescribed by the
27
rules.
28
(3) This section has effect subject to the
Remuneration Tribunal Act
29
1973
.
30
Part 7
CEO, staff and consultants
Division 2
Chief Executive Officer
Section 70
44
Creative Australia Bill 2023
No. , 2023
70 Leave
1
(1) The CEO has the recreation leave entitlements that are determined
2
by the Remuneration Tribunal.
3
(2) The Chair may grant the CEO leave of absence, other than
4
recreation leave, on the terms and conditions as to remuneration or
5
otherwise that the Chair determines.
6
(3) The Chair must notify the Minister if the Chair grants the CEO
7
leave for a period that exceeds one month.
8
71 Resignation
9
(1) The CEO may resign
the CEO's
appointment by giving the Chair a
10
written resignation.
11
(2) The resignation takes effect on the day it is received by the Chair
12
or, if a later day is specified in the resignation, on that later day.
13
(3) If the CEO resigns under this section, the Chair must notify the
14
Minister of the resignation.
15
72 Termination
16
(1) The Board may, with the written agreement of the Minister,
17
terminate the appointment of the CEO:
18
(a) for misbehaviour; or
19
(b) if the CEO is unable to perform the duties of
the CEO's
20
office because of physical or mental incapacity; or
21
(c) if the Board is satisfied that the performance of the CEO has
22
been unsatisfactory for a significant period; or
23
(d) if the CEO:
24
(i) becomes bankrupt; or
25
(ii) applies to take the benefit of any law for the relief of
26
bankrupt or insolvent debtors; or
27
(iii) compounds with
the CEO's
creditors; or
28
(iv) makes an assignment of
the CEO's
remuneration for the
29
benefit of
the CEO's
creditors; or
30
CEO, staff and consultants
Part 7
Chief Executive Officer
Division 2
Section 73
No. , 2023
Creative Australia Bill 2023
45
(e) if the CEO is absent, except on leave of absence, for 14
1
consecutive days or for 28 days in any 12 months; or
2
(f)
if the CEO engages, except with the Chair's approval, in paid
3
work outside the duties of the
CEO's
office.
4
(2) Section 30 of the PGPA Act applies in relation to the appointment
5
of the CEO under subsection 66(1) of this Act as if the Board were
6
a person.
7
Note:
The appointment of the CEO may be terminated under section 30 of
8
the PGPA Act (which deals with terminating the appointment of an
9
accountable authority, or a member of an accountable authority, for
10
contravening general duties of officials).
11
73 Other terms and conditions
12
The CEO holds office on the terms and conditions (if any) in
13
relation to matters not covered by this Act that are determined by
14
the Board.
15
Part 7
CEO, staff and consultants
Division 3
Staff and consultants
Section 74
46
Creative Australia Bill 2023
No. , 2023
Division
3--Staff and consultants
1
74 Staff
2
(1) Creative Australia may employ such persons as it considers
3
necessary for the performance of its functions and the exercise of
4
its powers.
5
(2) An employee is to be employed on the terms and conditions that
6
Creative Australia determines in writing.
7
75 Consultants
8
Creative Australia may engage consultants to assist in the
9
performance of its functions.
10
Reporting and finance
Part 8
Section 76
No. , 2023
Creative Australia Bill 2023
47
Part
8--Reporting and finance
1
2
76 Simplified outline of this Part
3
This Part makes provision in relation to the annual report and
4
financial matters.
5
77 Annual report etc.
6
(1) The annual report prepared by the Board and given to the Minister
7
under section 46 of the PGPA Act for a period must include:
8
(a) the text of any directions given during that period under
9
subsection 14(1); and
10
(b) the details of any guarantees given by Creative Australia
11
during that period.
12
(2) The Minister must cause any report or document that the Board
13
gives the Minister under paragraph 19(1)(b) of the PGPA Act to be
14
tabled in each House of the Parliament as soon as practicable.
15
78 Money payable to Creative Australia
16
(1) There is payable to Creative Australia such money as is
17
appropriated by the Parliament for the purposes of Creative
18
Australia.
19
(2) The Finance Minister may give directions about the amounts in
20
which, and the times at which, money payable under subsection (1)
21
is to be paid to Creative Australia.
22
(3) If a direction under subsection (2) is given in writing, the direction
23
is not a legislative instrument.
24
79 Application of money by Creative Australia
25
(1) The money of Creative Australia is to be applied only:
26
Part 8
Reporting and finance
Section 80
48
Creative Australia Bill 2023
No. , 2023
(a) in payment or discharge of the costs, expenses and other
1
obligations incurred or undertaken by Creative Australia in
2
the performance of its functions and the exercise of its
3
powers; and
4
(b) in payment of any remuneration or allowances payable under
5
this Act.
6
Note:
See subsection 12(3) for the obligations of Creative Australia in
7
relation to money or other property held on trust or accepted subject to
8
a condition.
9
(2) Subsection (1) does not prevent investment, under section 59 of the
10
PGPA Act, of money that is not immediately required for the
11
purposes of Creative Australia.
12
80 Restrictions on financial transactions
13
(1) Creative Australia must not, without the written approval of the
14
Minister:
15
(a) acquire any property, right or privilege for a consideration
16
exceeding in amount or value the amount mentioned in
17
subsection (2); or
18
(b) dispose of any property, right or privilege if the amount or
19
value of the consideration for the disposal, or the value of the
20
property, right or privilege, exceeds the amount mentioned in
21
subsection (2); or
22
(c) enter into a contract for the construction of a building for
23
Creative Australia, being a contract under which Creative
24
Australia is to pay an amount exceeding the amount
25
mentioned in subsection (2); or
26
(d) enter into a lease of land for a period exceeding 10 years.
27
(2) For the purposes of paragraphs (1)(a), (b) and (c), the amount is:
28
(a) $5 million; or
29
(b) if the rules prescribe a different amount
--
that prescribed
30
amount.
31
(3) Paragraphs (1)(a) and (b) do not apply to transactions in the course
32
of the exercise of Creative Australia
's powers under
33
paragraph 12(2)(g) or (h).
34
Reporting and finance
Part 8
Section 81
No. , 2023
Creative Australia Bill 2023
49
(4) Creative Australia must not borrow money from any person.
1
(5) Nothing in subsection (4) affects Creative Australia
's ability to
2
obtain goods or services on credit in accordance with section 57 of
3
the PGPA Act (which deals with borrowing by corporate
4
Commonwealth entities).
5
(6) An approval under subsection (1) is not a legislative instrument.
6
81 Investment
7
(1) Creative Australia may invest money, under paragraph 12(2)(g), in
8
the course of the direct performance of its functions.
9
Note:
Paragraph 12(2)(g) gives Creative Australia power to make
10
investments, but only as a means of providing financial assistance. It
11
does not give Creative Australia a general power to make investments.
12
(2) Subsection (1) applies in addition to investment, under section 59
13
of the PGPA Act, of money that is not immediately required for the
14
purposes of Creative Australia.
15
82 Taxation
16
Creative Australia is not subject to taxation under any law of the
17
Commonwealth or of a State or Territory.
18
Note:
Despite this section, Creative Australia may be subject to taxation
19
under certain laws (see, for example, section 177-5 of the
A New Tax
20
System (Goods and Services Tax) Act 1999
and section 66 of the
21
Fringe Benefits Tax Assessment Act 1986
).
22
Part 9
Other matters
Section 83
50
Creative Australia Bill 2023
No. , 2023
Part
9--Other matters
1
2
83 Simplified outline of this Part
3
This Part deals with miscellaneous matters.
4
84 Delegation by the Minister
5
(1)
The Minister may, in writing, delegate the Minister's powers under
6
sections 80 and 86 of this Act to:
7
(a) the Secretary of the Department; or
8
(b) an SES employee, or an acting SES employee, in the
9
Department.
10
Note 1:
The expressions
SES employee
and
acting SES employee
are defined
11
in section 2B of the
Acts Interpretation Act 1901
.
12
Note 2:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
13
provisions relating to delegations.
14
(2) In exercising a delegated power, the delegate must comply with
15
any written directions of the Minister.
16
85 Compensation for acquisition of property
17
(1) If the operation of this Act would result in an acquisition of
18
property (within the meaning of paragraph 51(xxxi) of the
19
Constitution) from a person otherwise than on just terms (within
20
the meaning of that paragraph), the Commonwealth is liable to pay
21
a reasonable amount of compensation to the person.
22
(2) If the Commonwealth and the person do not agree on the amount
23
of the compensation, the person may institute proceedings in the
24
Federal Court of Australia or the Supreme Court of a State or
25
Territory for the recovery from the Commonwealth of such
26
reasonable amount of compensation as the Court determines.
27
Other matters
Part 9
Section 86
No. , 2023
Creative Australia Bill 2023
51
86 Rules
1
(1) The Minister may, by legislative instrument, make rules
2
prescribing matters:
3
(a) required or permitted by this Act to be prescribed by the
4
rules; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
(2) To avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act.
16