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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Tourism
Australia Bill 2004
No. ,
2004
(Small Business and
Tourism)
A Bill for an Act to establish
Tourism Australia, and for related purposes
Contents
A Bill for an Act to establish Tourism Australia, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Tourism Australia Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Sections 3 to 64 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
In this Act, unless the contrary intention appears:
appointed member means a member other than the Managing
Director.
Australia, when used in a geographical sense, includes the
external Territories.
Board means the Board of Directors of Tourism
Australia.
Chair means the Chair of the Board.
Deputy Chair means the Deputy Chair of the Board.
government member means the government member of the
Board.
Managing Director means the Managing Director of Tourism
Australia.
member means a member of the Board (including the Chair and
Deputy Chair).
(1) This Act extends to every external Territory.
(2) This Act applies both within and outside Australia.
(1) Tourism Australia is established by this section.
(2) Tourism Australia:
(a) is a body corporate; and
(b) must have a seal; and
(c) may sue and be sued.
Note: The Commonwealth Authorities and Companies Act
1997 applies to Tourism Australia. That Act deals with matters relating to
Commonwealth authorities, including reporting and accountability, banking and
investment, and conduct of executive officers.
(3) The seal of Tourism Australia is to be kept in such custody as the
Board directs, and is not to be used except as authorised by the
Board.
(4) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the seal of Tourism Australia
appearing on a document; and
(b) presume that the document was duly sealed.
Tourism Australia’s objects are:
(a) to influence people to travel to Australia, including for events;
and
(b) to influence people travelling to Australia to also travel throughout
Australia; and
(c) to influence Australians to travel throughout Australia, including for
events; and
(d) to help foster a sustainable tourism industry in Australia;
and
(e) to help increase the economic benefits to Australia from
tourism.
(1) Tourism Australia’s functions are:
(a) to increase the awareness of potential international travellers of
Australia as a destination; and
(b) to increase the awareness of potential domestic travellers of
Australia as a place to travel; and
(c) to increase the knowledge of potential travellers, both international
and domestic, of Australia; and
(d) to increase the desire of potential international travellers to travel
to Australia; and
(e) to increase the desire of potential travellers, both international and
domestic, to travel throughout Australia; and
(f) to conduct research into, and analysis of, international and domestic
travel; and
(g) to report on trends in international and domestic travel;
and
(h) to communicate effectively with the Australian tourism industry on
issues that may affect it; and
(i) to increase awareness throughout Australia of the contribution of
tourism to Australia’s economy, society and environment.
(2) In performing its functions, Tourism Australia must have regard to the
needs of the Australian tourism industry and government.
(3) Tourism Australia may perform its functions:
(a) in cooperation with the tourism industry; and
(b) in cooperation with Australian governments and agencies, and foreign
governments.
(4) Tourism Australia may perform its functions to the extent only that
they are not in excess of the functions that may be conferred on it by virtue of
any of the legislative powers of the Parliament, and, in particular, may perform
its functions:
(a) for purposes related to external affairs; and
(b) in the course of, or in relation to, trade and commerce with other
countries, among the States, between Territories or between a Territory and a
State; and
(c) for purposes related to a Territory; and
(d) by means of a communication using a postal, telegraphic, telephonic or
other like service within the meaning of paragraph 51(v) of the Constitution;
and
(e) for purposes related to the collection, compilation, analysis, use and
dissemination of statistics; and
(f) for purposes related to a corporation to which paragraph 51(xx) of the
Constitution applies; and
(g) for purposes related to lighthouses, lightships, beacons and buoys;
and
(h) for purposes related to matters incidental to the execution of any of
the legislative powers of the Parliament or the executive power of the
Commonwealth; and
(i) for purposes related to a Commonwealth place within the meaning of the
Commonwealth Places (Application of Laws) Act 1970; and
(j) for purposes related to the executive power of the Commonwealth;
and
(k) for purposes related to money appropriated for the purposes of the
Commonwealth; and
(l) for purposes related to the granting of financial assistance to a
State on such terms and conditions as the Parliament thinks fit; and
(m) in so far as it is appropriate for those functions to be performed by
Tourism Australia on behalf of the Government of the Commonwealth as the
national Government of Australia; and
(n) for purposes for which it is appropriate for the Parliament as the
national Parliament of Australia to authorise Tourism Australia to perform
functions; and
(o) by way of providing a service, if the provision of the service
utilises Tourism Australia’s spare capacity and does not impede Tourism
Australia’s capacity to perform its other functions.
(1) Subject to subsection (3), Tourism Australia has power to do all
things necessary or convenient to be done for or in connection with the
performance of its functions.
(2) Tourism Australia’s powers include, but are not limited to, the
following powers:
(a) to enter into contracts, agreements or arrangements;
and
(b) to establish offices; and
(c) to acquire, hold and dispose of real and personal property;
and
(d) to lease the whole or any part of any land or building; and
(e) to occupy, use and control any land or building owned, or held under
lease, by the Commonwealth and made available to Tourism Australia;
and
(f) to arrange for the manufacture, and distribution (whether by sale or
otherwise) of anything bearing a mark, symbol or writing associated with Tourism
Australia; and
(g) to accept gifts, grants, bequests and devises made to it;
and
(h) to act as trustee of money and other property vested in it on trust;
and
(i) to enter into cooperative arrangements with other persons;
and
(j) to appoint agents and attorneys, and act as an agent for other
persons; and
(k) to obtain commercial sponsorship; and
(l) to charge for work done, services provided, and products and
information supplied, by or on behalf of Tourism Australia; and
(m) to provide financial assistance; and
(n) to do such other things as it is authorised to do by or under this
Act; and
(o) to do anything incidental to any of its powers.
(3) Tourism Australia must not carry on business as a travel
agent.
The Board of Directors of Tourism Australia is established by this
section.
The Board has the following functions:
(a) to ensure the proper and efficient performance of Tourism
Australia’s functions;
(b) to determine Tourism Australia’s policy in relation to any
matter.
The Board has power to do all things necessary or convenient to be done
for or in connection with the performance of its functions.
The Board consists of the following members:
(a) the Chair;
(b) the Deputy Chair;
(c) the government member;
(d) the Managing Director;
(e) 4 other members.
Note: Section 18B of the Acts Interpretation Act
1901 deals with the title of the Chair.
(1) The members of the Board (except the Managing Director) are to be
appointed by the Minister by written instrument.
(2) The appointment of a member is not invalid because of a defect or
irregularity in connection with the appointment.
(1) The Minister may appoint a person as a member (other than the
government member) only if the Minister is satisfied that the person has high
level expertise in one or more of the following areas:
(a) international tourism;
(b) domestic tourism;
(c) corporate governance;
(d) financial management;
(e) marketing and promotion;
(f) business;
(g) investment strategies;
(h) infrastructure in Australia that supports tourism, including
events;
(i) transport networks;
(j) economic analysis;
(k) current and emerging technologies;
(l) regional development;
(m) environmental management.
(2) The government member is to be a person appointed or engaged under the
Public Service Act 1999.
(3) The Minister may appoint a person as government member only if the
Minister is satisfied that the person has expertise in:
(a) the formulation of government policy; and
(b) public administration.
(1) An appointed member (other than the government member) holds office
for the period specified in the instrument of appointment. The period must not
exceed 3 years.
(2) A person appointed as government member holds office for the period
specified in the instrument of appointment.
(3) An appointed member holds office on a part-time basis.
(1) The Deputy Chair is to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment
has previously been made to the office); or
(b) during any period, or during all periods, when the Chair is absent
from duty or from Australia, or is, for any reason, unable to perform the duties
of the office.
Note: Under section 33A of the Acts Interpretation
Act 1901, this Act applies in relation to a person acting in a particular
office as if the person were the holder of the office.
(2) The Minister may appoint an appointed member (other than the
government member) to act as the Deputy Chair:
(a) during a vacancy in the office of Deputy Chair (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Deputy Chair is
acting as the Chair, or is, for any reason, unable to attend meetings of the
Board.
(3) The Minister may appoint a person to act as an appointed member (other
than as Chair or Deputy Chair):
(a) during a vacancy in the office of an appointed member (whether or not
an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a member is acting as
the Deputy Chair, or is, for any reason, unable to attend meetings of the
Board.
(4) Anything done by or in relation to a person purporting to act under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(1) An appointed member is to be paid the remuneration that is determined
by the Remuneration Tribunal. If no determination of that remuneration by the
Tribunal is in operation, the appointed member is to be paid the remuneration
that is prescribed.
(2) An appointed member is to be paid the allowances that are
prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) The Minister may grant leave of absence to the Chair on the terms and
conditions that the Minister determines.
(2) The Chair may grant leave of absence to any other appointed member on
the terms and conditions that the Chair determines.
An appointed member may resign his or her appointment by giving the
Minister a written resignation.
(1) The Minister may at any time, in writing, terminate the appointment of
the government member.
(2) The Minister may terminate the appointment of an appointed member
(other than the government member) for misbehaviour or physical or mental
incapacity.
(3) The Minister must terminate the appointment of an appointed member
(other than the government member) if:
(a) the appointed member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his
or her creditors; or
(b) the appointed member is absent, except on leave of absence, from 3
consecutive meetings of the Board; or
(c) the appointed member fails, without reasonable excuse, to comply with
Subdivision B of Division 4 of Part 3 of the Commonwealth
Authorities and Companies Act 1997.
An appointed member holds office on the terms and conditions (if any) in
relation to matters not covered by this Act that are determined by the Minister
in writing.
(1) The Board must hold the meetings that are necessary for the efficient
performance of its role.
(2) Meetings are to be held at the times and places that the Board
determines.
(3) The Chair:
(a) may convene a meeting; and
(b) must convene a meeting if requested in writing by 3 or more other
members.
(4) The Minister may, at any time, convene a meeting of the
Board.
(1) The Chair must preside at all meetings at which he or she is
present.
(2) If the Chair is not present at a meeting but the Deputy Chair is
present, the Deputy Chair must preside.
(3) If neither the Chair nor the Deputy Chair is present at a meeting, the
other members present must appoint one of their number (other than the Managing
Director or the government member) to preside.
(1) At a meeting of the Board a quorum is constituted by 5
members.
(2) However, if:
(a) a member is required by section 27J of the Commonwealth
Authorities and Companies Act 1997 not to be present during the
deliberations, or to take part in any decision, of the Board with respect to a
particular matter; and
(b) when the member leaves the meeting concerned there is no longer a
quorum present;
those remaining members constitute a quorum for the purpose of any
deliberation or decision at that meeting with respect to that matter.
(1) A question arising at a meeting is to be determined by a majority of
the votes of the members present and voting.
(2) The person presiding at a meeting has:
(a) a deliberative vote; and
(b) if necessary, also a casting vote.
Note: Subdivision B of Division 4 of Part 3 of the
Commonwealth Authorities and Companies Act 1997 has rules for
“directors” about disclosing, and voting on matters involving,
material personal interests.
(1) The Board may pass a resolution without a Board meeting being held if
all the members entitled to vote on the resolution sign a document containing a
statement that they are in favour of the resolution set out in the
document.
(2) Separate copies of a document may be used for signing by the members
if the wording of the resolution and statement is identical in each
copy.
(3) The resolution is passed when the last of the members signs.
(1) Subject to this Part, the Board may regulate the conduct of
proceedings at its meetings as it thinks fit.
Note: Section 33B of the Acts Interpretation Act
1901 contains further information about the ways in which members may
participate in meetings.
(2) The Board must:
(a) keep minutes of its meetings; and
(b) keep a record of resolutions passed in accordance with
section 26.
(1) The Board may, in writing, establish advisory panels to assist with
the performance of Tourism Australia’s functions.
Note 1: The Board may, for example, establish advisory
panels to assist with the performance of Tourism Australia’s functions in
relation to international tourism, domestic tourism, events and
research.
Note 2: Subsection 33(3) of the Acts Interpretation Act
1901 provides for the repeal, variation etc. of
instruments.
(2) An advisory panel consists of such persons as the Board appoints to
the panel in writing.
Note: Subsection 33(3) of the Acts Interpretation Act
1901 provides for the repeal, variation etc. of
instruments.
(3) The office of member of an advisory panel is not a public office
within the meaning of the Remuneration Tribunal Act 1973.
An advisory panel may determine the way in which it is to carry out its
task (including when and where it meets and procedures to be followed in
relation to its meetings).
(1) A member of an advisory panel who has a direct or indirect pecuniary
interest in a matter being considered or about to be considered by the panel
must disclose the nature of the interest at a meeting of the panel as soon as
possible after the relevant facts have come to the member’s
knowledge.
(2) A disclosure under subsection (1) must be recorded in the minutes
of the meeting of the panel.
(3) The Board must terminate the appointment of a member of an advisory
panel if the member fails, without reasonable excuse, to comply with
subsection (1).
A member of an advisory panel may resign by giving the Board a written
resignation.
A member of an advisory panel holds office on such terms and conditions
(if any) in respect of matters not provided for by this Act as are determined by
the Board in writing with the Minister’s written approval.
(1) The Board must prepare a corporate plan for Tourism Australia by
1 May each financial year (or by such later day as the Minister in a
particular financial year allows).
(2) The first corporate plan must be prepared as soon as practicable after
the commencement of this section.
(3) A corporate plan must be for a period of 3 financial years.
(4) In preparing a plan, the Board must consult:
(a) State and Territory tourism authorities; and
(b) anyone else concerned with tourism that the Board considers
appropriate; and
(c) anyone else specified by the Minister in writing.
(5) The Board may revise the corporate plan on its own initiative at any
other time.
(6) This Division applies to a revised corporate plan in the same way it
applies to a corporate plan.
Each corporate plan must include details of the following matters for the
period it covers:
(a) a statement of the objectives that Tourism Australia intends to
pursue;
(b) the strategies and policies that the Board intends to adopt to achieve
Tourism Australia’s objectives;
(c) an assessment of the outlook for the Australian tourism
industry;
(d) performance indicators for the assessment of Tourism Australia’s
performance of its functions.
(1) The Board must give each corporate plan to the Minister for his or her
approval.
(2) The Minister may ask the Board, in writing, to give the corporate plan
to the Minister by a time, and in a manner, specified by the Minister. The Board
must comply with the request.
(3) The Minister may, by written notice given to the Board:
(a) approve the corporate plan; or
(b) request the Board to revise it for the reasons set out in the
request.
(4) The Board must:
(a) comply with the Minister’s request to revise the plan;
and
(b) give the revised plan to the Minister for his or her
approval.
(5) The plan comes into force on the day on which the Board receives
written notice of the Minister’s approval.
(1) When the Board is preparing or revising a corporate plan, the Board
must:
(a) prepare an annual operational plan for the first financial year to
which the corporate plan or revised corporate plan will relate; and
(b) give the plan to the Minister for his or her approval.
(2) The Minister may ask the Board, in writing, to give the annual
operational plan to the Minister by a time, and in a manner, specified by the
Minister. The Board must comply with the request.
(3) The annual operational plan for a financial year must:
(a) contain an estimate of Tourism Australia’s receipts and
expenditure for the financial year; and
(b) specify:
(i) the programs that the Board proposes Tourism Australia to carry out;
and
(ii) the resources that the Board proposes to allocate to each
program;
in giving effect to the corporate plan during the financial
year.
(4) The Board may revise the annual operational plan on its own initiative
at any time.
(5) The Board must give a revised plan to the Minister for his or her
approval.
(6) This Division applies to a revised annual operational plan in the same
way it applies to an annual operational plan.
(1) The Minister must approve, in writing, an annual operational plan
unless the Minister considers that the plan is inconsistent with the corporate
plan.
(2) If the Minister considers that the annual operational plan is
inconsistent with the corporate plan, the Minister may request the Board, in
writing, to revise the annual operational plan.
(3) The Board must:
(a) revise the plan if the Minister requests the Board under
subsection (2) to do so and gives reasons in writing to the Board for the
request; and
(b) give the revised plan to the Minister for his or her
approval.
(4) An annual operational plan comes into force on the day on which the
Board receives written notice of the Minister’s approval.
So far as is practicable, the Board must ensure that the performance of
Tourism Australia’s functions, and the exercise of Tourism
Australia’s powers, are consistent with, and designed to give effect to,
the current corporate plan and the current annual operational
plan.
The annual report on Tourism Australia under section 9 of the
Commonwealth Authorities and Companies Act 1997 for a period must also
include:
(a) an assessment against the performance indicators set out in the
corporate plan of the extent to which Tourism Australia’s operations
during the period have achieved its objectives as stated in the corporate plan;
and
(b) an assessment of the extent to which Tourism Australia’s
operations during the period have implemented each annual operational plan
applicable to the period; and
(c) details of:
(i) significant activities undertaken jointly during the period;
and
(ii) significant capital works programs undertaken by Tourism Australia
during the period; and
(iii) significant acquisitions and dispositions of real property by
Tourism Australia during the period; and
(iv) revisions of the corporate plan, and the applicable annual
operational plan, approved by the Minister during the period.
(1) The Minister may give a written direction to the Board in relation to
the performance of the functions, and the exercise of the powers, of Tourism
Australia.
(2) The Minister must not give a direction to the Board under
subsection (1) unless he or she:
(a) has notified the Board in writing that he or she is considering giving
the direction; and
(b) has given the Chair an adequate opportunity to discuss with the
Minister the need for the proposed direction; and
(c) is satisfied that, because of exceptional circumstances, it is
necessary to give the direction to the Board to ensure that the performance of
the functions, or the exercise of the powers, of Tourism Australia does not
conflict with government policies.
(3) The Board must comply with a direction under
subsection (1).
(4) The Minister must cause a copy of a direction under
subsection (1):
(a) to be published in the Gazette as soon as practicable after
giving the direction; and
(b) to be laid before each House of the Parliament within 15 sitting days
of that House after giving the direction.
(5) The annual reports of Tourism Australia applicable to periods in which
the direction has effect must include:
(a) details of the direction; and
(b) an assessment of the impact that the direction has had on the
operations of Tourism Australia during the period.
(6) This section does not affect the application of section 28 of the
Commonwealth Authorities and Companies Act 1997 in relation to Tourism
Australia.
(1) The Board must determine, in writing, the Tourism Australia
Values.
Note: Subsection 33(3) of the Acts Interpretation Act
1901 provides for the repeal, variation etc. of
instruments.
(2) The Board must uphold and promote the Tourism Australia
Values.
(3) To avoid doubt, an instrument under subsection (1) is not a
legislative instrument for the purposes of the Legislative Instruments Act
2003.
(1) The Board must determine, in writing, the Tourism Australia Code of
Conduct.
Note: Subsection 33(3) of the Acts Interpretation Act
1901 provides for the repeal, variation etc. of
instruments.
(2) The Tourism Australia Code of Conduct applies to the Managing Director
and to each employee of Tourism Australia.
(3) To avoid doubt, an instrument under subsection (1) is not a
legislative instrument for the purposes of the Legislative Instruments Act
2003.
There is to be a Managing Director of Tourism Australia.
(1) The Managing Director is to conduct the affairs of Tourism Australia
subject to the directions of, and in accordance with policies determined by, the
Board.
(2) Anything done by the Managing Director in Tourism Australia’s
name, or on its behalf is taken to have been done by Tourism
Australia.
(1) The Managing Director is to be appointed by the Board by written
instrument.
(2) The Board must not appoint an appointed member as the Managing
Director.
(3) The appointment of a person as Managing Director is not invalid
because of a defect or irregularity in connection with the person’s
appointment.
A person appointed as Managing Director holds office for the period
specified in the instrument of appointment.
(1) The Board may appoint a person (other than a member) to act as the
Managing Director:
(a) during a vacancy in the office of Managing Director (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Managing Director
is absent from duty or from Australia, or is, for any reason, unable to perform
the duties of the office.
Note: Under section 33A of the Acts Interpretation
Act 1901, this Act applies in relation to a person acting in a particular
office as if the person were the holder of the office.
(2) Anything done by or in relation to a person purporting to act under an
appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(1) The Managing Director is to be paid the remuneration that is
determined by the Remuneration Tribunal. If no determination of that
remuneration by the Tribunal is in operation, the Managing Director is to be
paid the remuneration that is prescribed.
(2) The Managing Director is to be paid the allowances that are
prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
The Managing Director must not engage in paid employment outside the
duties of the Managing Director’s office without the Board’s
approval.
The Managing Director has the recreation leave entitlements that are
determined by the Remuneration Tribunal.
The Managing Director may resign his or her appointment by giving the
Chair a written resignation.
The Managing Director must give written notice to the Chair of all
interests (financial or otherwise) that the Managing Director has or acquires
and that could conflict with the proper performance of the Managing
Director’s duties.
The Board may at any time, in writing, terminate the appointment of the
Managing Director.
The Managing Director holds office on the terms and conditions (if any)
in relation to matters not covered by this Act that are determined by the Board
with the Minister’s written approval.
(1) The Board may, on behalf of Tourism Australia, employ such persons as
the Board considers necessary for the performance of Tourism Australia’s
functions and the exercise of Tourism Australia’s powers.
(2) An employee is to be employed on the terms and conditions that the
Board determines in writing.
(1) The Board may, on behalf of Tourism Australia, engage persons having
suitable qualifications and experience as consultants to the Board.
(2) A consultant is to be engaged on the terms and conditions that the
Board determines in writing.
(3) A person does not hold a public office within the meaning of the
Remuneration Tribunal Act 1973 if the person is engaged as a
consultant.
(1) There is payable to Tourism Australia such money as is appropriated by
the Parliament for the purposes of Tourism Australia.
(2) The Finance Minister may give directions about the amounts in which,
and the times at which, money payable under subsection (1) is to be paid to
Tourism Australia.
(3) In this section:
Finance Minister means the Minister administering the
Financial Management and Accountability Act 1997.
(1) The money of Tourism Australia consists of:
(a) money paid to Tourism Australia under section 57; and
(b) any other money paid to Tourism Australia.
(2) The money of Tourism Australia (other than money vested in Tourism
Australia on trust) is to be applied only:
(a) to pay or discharge the costs, expenses and other obligations incurred
by Tourism Australia in the performance of its functions and the exercise of its
powers; and
(b) to pay any remuneration or allowances payable under this
Act.
(3) Subsection (2) does not prevent investment of surplus money of
Tourism Australia under section 18 of the Commonwealth Authorities and
Companies Act 1997.
(1) Except with the written approval of the Minister, the Board must
not:
(a) enter into a contract under which Tourism Australia is to pay or
receive an amount exceeding $5,000,000 or, if a higher amount is prescribed,
that higher amount; or
(b) enter into a lease of land for a period of 10 years or more.
(2) Paragraph (1)(a) does not apply to the investment of money by
Tourism Australia in accordance with section 18 of the Commonwealth
Authorities and Companies Act 1997.
(1) Tourism Australia is subject to taxation under the laws of the
Commonwealth.
(2) Subject to subsection (3), Tourism Australia is not subject to
taxation under a law of a State or Territory.
(3) The regulations may provide that subsection (2) does not apply in
relation to a specified law of a State or Territory.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
Despite the other provisions of this Act, the Board must deal with any
money or property vested in Tourism Australia on trust in accordance with the
powers and functions of the Board as trustee.
(1) The Board may, by resolution of a majority of its members, delegate
all or any of its functions or powers to:
(a) a member of the Board; or
(b) a member of staff of Tourism Australia who has the expertise
appropriate to the function or power delegated.
(2) In exercising a delegated function or power, the delegate must comply
with any written directions of the Board.
(3) The delegation continues in force despite a change in the membership
of the Board.
(4) The delegation may be varied or revoked by resolution of the Board
(whether or not there has been a change in the membership of the
Board).
(5) A certificate signed by the Chair stating any matter with respect to
the delegation is prima facie evidence of the matter.
(6) A document purporting to be a certificate mentioned in
subsection (5) is taken to be such a certificate and to have been duly
given unless the contrary is established.
(1) The Managing Director may, in writing, delegate all or any of his or
her functions or powers to a member of the Tourism Australia staff who has the
expertise appropriate to the function or power delegated.
(2) In performing a delegated function or exercising a delegated power, a
delegate must comply with any written directions of the Managing
Director.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.