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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Arts Agencies Governance and Other
Matters) Bill 2010
A BILL FOR
An Act to amend various Acts in relation to the governance of Arts
agencies; and for other purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Adelaide Festival Centre Trust
Act 1971
4 Amendment of section
4—Interpretation
5 Substitution of heading to Part 2
6 Substitution
of Part 2 Division 1
Division 1—Establishment of Trust
5 Establishment
of Trust
Division 1A—Membership, proceedings,
etc
6 Composition of
Trust
7 Conditions of
membership
8 Proceedings
9 Validity
of acts
10 Ministerial control
Division 1B—Committees and
delegation
11 Committees
12 Delegation
Division 1C—Conflict of interest under Public Sector (Honesty and
Accountability) Act
13 Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 1D—Common seal and execution of
documents
14 Common seal and execution of
documents
7 Substitution of heading to Part 2 Division 2
8 Repeal
of section 19
9 Amendment of section 20—Functions
10 Insertion of
section 20A
20A Powers
Division 2A—Staffing arrangements
11 Repeal of Part 2 Division 3
and Part 3
Division 3—Financial matters and annual
reports
23 Annual budget
24 Accounts
and audit
25 Annual report
12 Substitution of
heading to Part 4
Part 3—Transfer of Trust property
13 Redesignation of section
29—Transfer of Trust property
14 Substitution of Part 5
Part 4—Authorised officers
27 Appointment of
authorised officers
28 Powers of authorised
officers
29 Hindering etc authorised
officers
Part 5—Official
insignia
30 Interpretation
31 Official
titles and logos
32 Unlawful use of official
insignia
33 Seizure etc of goods marked with official
insignia
Part 6—Miscellaneous
34 Liability for council
rates
35 Gifts
etc
36 Ministerial
delegation
37 Approvals by
Treasurer
38 Regulations
Part 3—Amendment of Adelaide Festival Corporation
Act 1998
15 Amendment of section
3—Interpretation
16 Substitution of heading to Part 3
Part 3—Functions and powers of Corporation
17 Amendment of section
6—Powers
18 Substitution of heading to Part 4
Part 4—Management of Corporation
19 Insertion of heading to Part 4
Division 1A
Division 1A—Membership, proceedings etc
20 Substitution of
sections 8 to 11
8 Composition of
board
9 Conditions of membership
21 Amendment
of section 12—Proceedings
22 Substitution of section
13
13 Validity of acts
14 Ministerial
control
23 Repeal of Part 4 Division 2
24 Amendment and
redesignation of section 17—Committees
25 Substitution of section
18
16 Delegation
26 Insertion of Part 4 Divisions 3A
and 3B
Division 3A—Conflict of interest under Public Sector (Honesty and
Accountability) Act
17 Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 3B—Common seal and execution of
documents
18 Common seal and execution of
documents
27 Insertion of section 18A
18A Annual
budget
28 Substitution of Part 5
Part 5—Authorised officers
21 Appointment of
authorised officers
22 Powers of authorised
officers
23 Hindering etc authorised
officers
Part 6—Official
insignia
24 Interpretation
25 Official
titles and logos
26 Unlawful use of official
insignia
27 Seizure etc of goods marked with official
insignia
Part 7—Miscellaneous
28 Gifts
etc
29 Ministerial
delegation
30 Approvals by
Treasurer
31 Regulations
Part 4—Amendment of Art Gallery
Act 1939
29 Insertion of heading to Part 1
30 Amendment of
section 3—Interpretation
31 Insertion of headings to Part 2 and Part 2
Division 1
Division 1—Establishment of Art Gallery Board
32 Amendment of
section 4—Establishment of Art Gallery Board
33 Substitution of
sections 5 to 13
Division 2—Membership, proceedings
etc
5 Composition of
board
6 Conditions of
membership
7 Proceedings
8 Validity
of acts
9 Ministerial control
Division 3—Committees and
delegation
10 Committees
11 Delegation
Division 4—Conflict of interest under Public Sector (Honesty and
Accountability) Act
12 Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 5—Common seal and execution of
documents
13 Common seal and execution of
documents
34 Insertion of heading to Part 2 Division 6
35 Amendment
of section 16—Functions
36 Substitution of sections 16A and
17
17 Powers
37 Substitution of sections 18 to
29
Division 7—Staff
18 Staff
Division 8—Financial matters and annual
reports
19 Annual budget
20 Accounts
and audit
21 Annual report
Part 3—Authorised officers
22 Appointment of
authorised officers
23 Powers of authorised
officers
24 Hindering etc authorised
officers
Part 4—Official
insignia
25 Interpretation
26 Official
titles and logos
27 Unlawful use of official
insignia
28 Seizure etc of goods marked with official
insignia
Part 5—Miscellaneous
29 Gifts
etc
30 Ministerial
delegation
31 Approvals by
Treasurer
32 Regulations
Part 5—Amendment of Carrick Hill Trust
Act 1985
38 Substitution of sections 3 and
4
3 Interpretation
39 Substitution of Parts 2 and
3
Part 2—Carrick Hill Trust
Division 1—Establishment of Trust
4 Establishment
of Trust
Division 2—Membership, proceedings
etc
5 Composition of
Trust
6 Conditions of
membership
7 Proceedings
8 Validity
of acts
9 Ministerial control
Division 3—Committees and
delegation
10 Committees
11 Delegation
Division 4—Conflict of interest under Public Sector (Honesty and
Accountability) Act
12 Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 5—Common seal and execution of
documents
13 Common seal and execution of
documents
Division 6—Functions and powers of
Trust
14 Functions
15 Powers
Division 7—Staff
16 Staff
Division 8—Financial matters and annual
reports
17 Annual budget
18 Accounts
and audit
19 Annual report
Part 3—Authorised officers
20 Appointment of
authorised officers
21 Powers of authorised
officers
22 Hindering etc authorised
officers
Part 4—Official
insignia
23 Interpretation
24 Official
titles and logos
25 Unlawful use of official
insignia
26 Seizure etc of goods marked with official
insignia
Part 5—Miscellaneous
27 Governor may place Crown
land under control of Trust
28 Gifts
etc
29 Ministerial
delegation
30 Approvals by
Treasurer
31 Regulations
Part 6—Amendment of History Trust of South
Australia Act 1981
40 Substitution of section
4
2 Interpretation
41 Amendment and redesignation of
section 6—Operation of certain other Acts preserved
42 Substitution of
heading to Part 2
Part 2—History Trust of South Australia
43 Substitution of Part 2
Divisions 1 to 3
Division 1—Establishment of Trust
4 Establishment
of Trust
Division 2—Membership, proceedings
etc
5 Composition of
Trust
6 Conditions of
membership
7 Proceedings
8 Validity
of acts
9 Ministerial control
Division 2A—Committees and
delegation
10 Committees
11 Delegation
Division 2B—Common seal and execution of
documents
12 Common seal and execution of
documents
Division 3—Functions and powers of
Trust
13 Functions
14 Powers
44 Substitution
of heading to Part 2 Division 4
Division 4—Staffing arrangements
45 Redesignation of section
16—Staffing arrangements
46 Substitution of Part 2 Division 5
Division 5—Financial matters and annual
reports
16 Annual budget
17 Accounts
and audit
18 Annual report
47 Substitution of
Part 3
Part 3—Authorised officers
19 Appointment of
authorised officers
20 Powers of authorised
officers
21 Hindering etc authorised
officers
Part 4—Official
insignia
22 Interpretation
23 Official
titles and logos
24 Unlawful use of official
insignia
25 Seizure etc of goods marked with official
insignia
Part 5—Miscellaneous
26 Governor may place Crown
land under control of Trust
27 Gifts
etc
28 Ministerial
delegation
29 Approvals by
Treasurer
30 Regulations
Part 7—Amendment of Libraries
Act 1982
48 Substitution of section
5
5 Interpretation
49 Substitution of heading to
Part 2
Part 2—Objectives of Act
50 Repeal of heading to Part 2 Division
1
51 Amendment of section 7—Objectives of Act
52 Substitution of
heading to Part 2 Division 2
Part 3—Libraries Board of South Australia
Division 1—Continuation of Libraries Board of South
Australia
53 Amendment of section 8—Continuation of Libraries Board of
South Australia
54 Substitution of sections 9 to 13
Division 2—Membership, proceedings
etc
9 Composition of
Board
10 Conditions of
membership
11 Proceedings
12 Validity
of acts
13 Ministerial control
Division 2A—Committees and
delegation
13A Committees
13B Delegation
Division 2B—Conflict of interest under Public Sector (Honesty and
Accountability) Act
13C Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 2C—Common seal and execution of
documents
13D Common seal and execution of
documents
55 Substitution of heading to Part 2 Division
3
56 Amendment of section 14—Functions
57 Substitution of sections
15 to 20
15 Powers
Division 4—Staff
16 Staff
58 Substitution
of heading to Part 2 Division 5
Division 5—Financial matters and annual reports
59 Insertion of
sections 18 to 20
18 Annual
budget
19 Accounts and
audit
20 Annual report
60 Insertion of Parts
3 and 3A
Part 3—Authorised officers
23 Appointment of
authorised officers
24 Powers of authorised
officers
25 Hindering etc authorised
officers
Part 3A—Official
insignia
26 Interpretation
27 Official
titles and logos
28 Unlawful use of official
insignia
29 Seizure etc of goods marked with official
insignia
61 Substitution of section 35
35 Copies of
certain material to be lodged with Board and Parliamentary
Librarian
62 Repeal of sections 37 to 39
63 Amendment and
redesignation of section 40—Conditions on which library materials are to
be lent etc
64 Insertion of section 38
38 Gifts
etc
65 Substitution of sections 41 to
43
39 Ministerial
delegation
40 Approvals by
Treasurer
41 Regulations
Part 8—Amendment of South Australian Country Arts
Trust Act 1992
66 Amendment of section
3—Interpretation
67 Substitution of heading to Part 2
Part 2—South Australian Country Arts Trust
Division 1—Establishment of Trust
68 Substitution of sections 5 to
12
Division 2—Membership, proceedings
etc
5 Composition of
Trust
6 Conditions of
membership
7 Proceedings
8 Validity
of acts
9 Ministerial control
Division 3—Committees and
delegation
10 Committees
11 Delegation
Division 4—Conflict of interest under Public Sector (Honesty and
Accountability) Act
12 Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 5—Common seal and execution of
documents
12A Common seal and execution of
documents
Division 6—Functions and powers of
Trust
12B Functions
12C Powers
69 Insertion
of heading to Division 7
Division 7—Staffing arrangements
70 Substitution of sections 14 to
19
Division 8—Financial matters and annual
reports
14 Annual budget
15 Accounts
and audit
16 Annual report
71 Substitution of
Part 4
Part 3—Authorised officers
17 Appointment of
authorised officers
18 Powers of authorised
officers
19 Hindering etc authorised
officers
Part 4—Official
insignia
20 Interpretation
21 Official
titles and logos
22 Unlawful use of official
insignia
23 Seizure etc of goods marked with official
insignia
Part 5—Miscellaneous
24 Gifts
etc
25 Ministerial
delegation
26 Approvals by
Treasurer
27 Regulations
Part 9—Amendment of South Australian Film
Corporation Act 1972
72 Amendment of section
4—Interpretation
73 Substitution of heading to Part 2
Part 2—South Australian Film Corporation
74 Substitution of
sections 5 to 8
Division 1—Establishment of
Corporation
5 Establishment of Corporation
Division 2—Membership, proceedings
etc
6 Composition of
Corporation
7 Conditions of
membership
8 Proceedings
8A Validity
of acts
8B Ministerial control
Division 3—Committees and
delegation
8C Committees
8D Delegation
Division 4—Conflict of interest under Public Sector (Honesty and
Accountability) Act
8E Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 5—Common seal and execution of
documents
8F Common seal and execution of
documents
Division 6—Staffing Arrangements
75 Amendment of section
9—Appointment of Chief Executive Officer
76 Insertion of heading to
Part 2 Division 7
Division 7—Functions and powers of Corporation
77 Amendment of
section 10—Functions
78 Substitution of section
11
11 Powers
79 Substitution of sections 12 to
24
Division 8—Financial matters and annual
reports
12 Annual budget
13 Accounts
and audit
14 Annual report
Part 3—Authorised officers
15 Appointment of
authorised officers
16 Powers of authorised
officers
17 Hindering etc authorised
officers
Part 4—Official
insignia
18 Interpretation
19 Official
titles and logos
20 Unlawful use of official
insignia
21 Seizure etc of goods marked with official
insignia
80 Redesignation of Part
6—Miscellaneous
81 Insertion of sections 22 to
24
22 Gifts etc
23 Ministerial
delegation
24 Approvals by
Treasurer
82 Substitution of sections 30 to
33
30 Regulations
Part 10—Amendment of South Australian Museum
Act 1976
83 Substitution of section
5
2 Interpretation
84 Substitution of Parts 2 to
3
Part 2—Museum Board
Division 1—Continuation of Museum
Board
3 Continuation of Museum Board
Division 2—Membership, proceedings
etc
4 Composition of
Board
5 Conditions of
membership
6 Proceedings
7 Validity
of acts
8 Ministerial control
Division 3—Committees and
delegation
9 Committees
10 Delegation
Division 4—Common seal and execution of
documents
11 Common seal and execution of
documents
Division 5—Functions and
powers
12 Functions
13 Powers
Division 6—Staff
14 Staff
Division 7—Financial matters and annual
reports
15 Annual budget
16 Accounts
and audit
17 Annual report
Part 3—Authorised officers
18 Appointment of
authorised officers
19 Powers of authorised
officers
20 Hindering etc authorised
officers
Part 4—Meteorites
21 Application of
Part
22 Property in meteorites vests in
Board
23 Duty to notify Board of newly found
meteorites
24 Powers of authorised officers in relation
to meteorites
Part 5—Official
insignia
25 Interpretation
26 Official
titles and logos
27 Unlawful use of official
insignia
28 Seizure etc of goods marked with official
insignia
Part 6—Miscellaneous
29 Gifts
etc
30 Ministerial
delegation
31 Approvals by
Treasurer
32 Regulations
Part 11—Amendment of State Opera of South Australia
Act 1976
85 Substitution of section
4
2 Interpretation
86 Substitution of Part
2
Part 2—State Opera of South Australia
Division 1—Establishment of State
Opera
3 Establishment of State Opera
Division 2—Functions and powers of State
Opera
4 Functions
5 Powers
6 Special
power to acquire land compulsorily
Part 3—Management of State Opera
Division 1—Establishment of Board
7 Establishment
of Board
Division 2—Membership, proceedings,
etc
8 Composition of
Board
9 Conditions of
membership
10 Proceedings
11 Validity
of acts
12 Ministerial control
Division 3—Committees and
delegation
13 Committees
14 Delegation
Division 4—Conflict of interest under Public Sector (Honesty and
Accountability) Act
15 Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 5—Common seal and execution of
documents
16 Common seal and execution of
documents
Division 6—Financial matters and annual
reports
17 Annual budget
18 Accounts
and audit
19 Annual report
87 Substitution of
heading to Part 3
Division 7—Staffing arrangements
88 Repeal of section
22
89 Substitution of Parts 4 and 5
Part 4—Authorised officers
22 Appointment of
authorised officers
23 Powers of authorised
officers
24 Hindering etc authorised
officers
Part 5—Official
insignia
25 Interpretation
26 Official
titles and logos
27 Unlawful use of official
insignia
28 Seizure etc of goods marked with official
insignia
Part 6—Miscellaneous
29 Gifts
etc
30 Ministerial
delegation
31 Approvals by
Treasurer
32 Regulations
Part 12—Amendment of State Theatre Company of South
Australia Act 1972
90 Substitution of section
4
2 Interpretation
91 Substitution of Part
2
Part 2—State Theatre Company of South Australia
Division 1—Establishment of Company
3 Establishment
of Company
Division 2—Functions and powers of
Company
4 Functions
5 Powers
Part 3—Management of Company
Division 1—Management of Company
6 Establishment of
Board
Division 2—Membership, proceedings
etc
7 Composition of
Board
8 Conditions of
membership
9 Proceedings
10 Validity
of acts
11 Ministerial control
Division 3—Committees and
delegation
12 Committees
13 Delegation
Division 4—Conflict of interest under Public Sector (Honesty and
Accountability) Act
14 Conflict of interest under Public
Sector (Honesty and Accountability) Act
Division 5—Common seal and execution of
documents
15 Common seal and execution of
documents
Division 6—Financial matters and annual
reports
16 Annual budget
17 Accounts
and audit
18 Annual report
92 Substitution of
heading to Part 3
Division 7—Staffing arrangements
93 Repeal of section
22
94 Repeal of Parts 5 and 6
Part 4—Authorised officers
22 Appointment of
authorised officers
23 Powers of authorised
officers
24 Hindering etc authorised
officers
Part 5—Official
insignia
25 Interpretation
26 Official
titles and logos
27 Unlawful use of official
insignia
28 Seizure etc of goods marked with official
insignia
Part 6—Miscellaneous
29 Gifts
etc
30 Ministerial
delegation
31 Approvals by
Treasurer
32 Regulations
Schedule 1—Statute law revision amendments and
transitional provisions
Part 1—Preliminary
1 Amendment of Acts
specified in Schedule 1
Part 2—Statute law revision amendment of Adelaide
Festival Centre Trust Act 1971
Part 3—Statute law revision amendment of Adelaide
Festival Corporation Act 1998
Part 4—Statute law revision amendment of Libraries
Act 1982
Part 5—Statute law revision amendment of South
Australian Country Arts Trust Act 1992
Part 6—Statute law revision amendment of South
Australian Film Corporation Act 1972
Part 7—Statute law revision amendment of State
Opera of South Australia Act 1976
Part 8—Statute law revision amendment of State
Theatre Company of South Australia Act 1972
Part 9—Transitional provisions
Division 1—Membership of Boards
etc
2 Membership of Adelaide Festival Centre Trust
3 Membership of
board under Adelaide Festival Corporation Act 1998
4 Membership
of Art Gallery Board
5 Membership of Carrick Hill Trust
6 Membership of
History Trust of South Australia
7 Membership of Libraries Board of South
Australia
8 Membership of South Australian Country Arts Trust
9 Membership
of South Australian Film Corporation
10 Membership of Museum
Board
11 Membership of Board of Management under State Opera of South
Australia Act 1976
12 Membership of Board of Governors under
State Theatre Company of South Australia Act 1972
Division 2—Names, titles and logos declared under
Adelaide Festival Corporation Act 1998
13 Names, titles
and logos declared under Adelaide Festival Corporation
Act 1998
Division 3—Authorised officers and authorised
persons
14 Authorised persons under Adelaide Festival Centre Trust
Regulations 2007
15 Authorised officers under Art Gallery
Regulations 2002
16 Authorised persons under Carrick Hill Trust
Regulations 1999
17 Authorised officers under History Trust of
South Australia Regulations 1995
18 Authorised persons under
Libraries Regulations 1998
19 Authorised officers under South
Australian Museum Regulations 2004
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Arts Agencies
Governance and Other Matters) Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part
2—Amendment of Adelaide Festival Centre
Trust Act 1971
4—Amendment of
section 4—Interpretation
Section 4(1)—delete subsection (1) and substitute:
(1) In this Act unless the contrary intention appears—
authorised officer—see Part 4;
Centre means the Adelaide Festival Centre and includes the
Festival Theatre, a drama theatre, amphitheatre and experimental theatre and all
associated amenities, conveniences, facilities, and works (including plazas,
walks, parks, open spaces, roads and carparks);
Council means the council of The Corporation of the City of
Adelaide;
employing authority means the person designated by
proclamation as being the employing authority for the purposes of this
definition;
Festival Theatre means the Festival Theatre, buildings,
furniture, instruments, fittings and equipment, works and conveniences
authorised to be constructed and provided by the Adelaide Festival Theatre
Act 1964;
member means member of the Trust;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 5;
premises of the Trust means premises owned or occupied by the
Trust;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager;
Trust means the Adelaide Festival Centre Trust established
under this Act.
5—Substitution of
heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—Adelaide Festival Centre
Trust
6—Substitution of
Part 2 Division 1
Part 2 Division 1—delete Division 1 and substitute:
Division 1—Establishment of
Trust
5—Establishment of Trust
(1) The Adelaide Festival Centre Trust is established.
(2) The Trust—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
Division 1A—Membership, proceedings,
etc
6—Composition of Trust
(1) The Trust will consist of not more than 8 members appointed by
the Governor, of whom—
(a) 1 will be nominated by the Council from the members, officers or
employees of the Council; and
(b) the remainder will be nominated by the Minister.
(2) If the Council fails to nominate a person within 6 weeks of a
written request to do so from the Minister, the Governor may appoint a person
nominated by the Minister and that person will be taken to have been duly
appointed as a member.
(3) At least 2 members must be women and at least 2 must be
men.
(4) The Governor will appoint 1 of the members nominated by the
Minister to be the presiding member.
(5) The Governor may appoint a suitable person to be the deputy of a
member (being a person nominated by the body or person who nominated the member)
and the deputy may perform or exercise the functions and powers of the member in
the member's absence.
7—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Trust's
affairs or the Trust has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Trust; or
(f) is absent without leave of the presiding member of the Trust from
3 consecutive meetings of the Trust; or
(g) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
8—Proceedings
(1) A quorum of the Trust consists of half of the total number of members
(ignoring any fraction resulting from the division) plus 1.
(2) In the absence of the presiding member at a meeting of the Trust, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Trust.
(4) Each member present at a meeting of the Trust has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Trust at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Trust for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Trust becomes a valid decision of the
Trust despite the fact that it is not voted on at a meeting of the Trust
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Trust; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Trust must meet at least 6 times in each year.
(8) The Trust must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Trust may determine its own
procedures.
(10) Subject to the directions of the Trust and section 11, this
section applies to a committee of the Trust in the same way as to the
Trust.
9—Validity of acts
An act or proceeding of the Trust or a committee of the Trust is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
10—Ministerial control
(1) Subject to subsection (2), the Trust is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) objects, works or collections held or promoted by the Trust;
or
(ii) performances or other events or activities conducted or promoted by
the Trust; or
(b) as to the manner in which the Trust is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the Trust makes or is required
to make to the Minister.
Division 1B—Committees and
delegation
11—Committees
(1) The Trust may establish such committees (including advisory committees
or subcommittees) as the Trust thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Trust and may, but need not, consist of, or include, members
of the Trust.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Trust; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
12—Delegation
(1) The Trust may delegate a function or power of the Trust under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Trust containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 1C—Conflict of interest under Public
Sector (Honesty and Accountability) Act
13—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Trust will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
Division 1D—Common seal and execution of
documents
14—Common seal and execution of
documents
(1) The common seal of the Trust must not be affixed to a document except
in pursuance of a decision of the Trust and the fixing of the seal must be
attested by the signatures of 2 members.
(2) The Trust may, by instrument under the common seal of the Trust,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Trust subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Trust may authorise
2 or more persons to execute documents jointly on behalf of the
Trust.
(4) A document is duly executed by the Trust if—
(a) the common seal of the Trust is affixed to the document in accordance
with this section; or
(b) the document is signed on behalf of the Trust by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Trust, it will be presumed, in the absence of proof to the contrary, that
the common seal of the Trust was duly affixed to the document.
7—Substitution of
heading to Part 2 Division 2
Heading to Part 2 Division 2—delete the heading and
substitute:
Division 2—Functions and powers of
Trust
Section 19—delete the section
9—Amendment of
section 20—Functions
(1) Section 20(1)—delete "Subject to this Act the Trust is charged
with the responsibility of—" and substitute:
The functions of the Trust are—
(2) Section 20(1)(b)—delete "without limiting the generality of the
foregoing," and substitute:
to undertake
(3) Section 20(1)(e)—delete paragraph (e) and substitute:
(e) to carry out any other functions assigned to the Trust under this or
any other Act or by the Minister.
(4) Section 20(1a)—delete the subsection and substitute:
(1a) However, the Trust must not extend the area of operation of its
services under subsection (1)(c) without first consulting the
Minister.
(5) Section 20(2)—delete subsection (2)
After section 20 insert:
20A—Powers
(1) The Trust has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The Trust may, for example, do any 1 or more of the following
(subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with artists, performers,
entertainers and other persons involved in the arts, or employ such
persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of artistic, historical or cultural interest;
(e) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(f) accept grants or obtain financial sponsorship from any person or
body;
(g) carry on advertising and promotional activities;
(h) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) at the Centre or
other premises of the Trust;
(i) regulate and control admission to any venue for any events or
activities conducted or promoted by the Trust, and charge and collect fees for
admission to any such venue;
(j) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Trust;
(k) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Trust;
(l) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Trust;
(m) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Trust;
(n) restrict, control and make charges for the use of official
insignia;
(o) take out policies of insurance in its own right or on behalf of the
State;
(p) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in the arts, or the promotion of the arts;
(q) give or contribute towards prizes in competitions designed to
encourage artistic or cultural or performing arts activity within the State or
make grants and give other assistance for such purposes;
(r) enter into any partnership or joint venture arrangement;
(s) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(t) borrow money and obtain other forms of financial
accommodation;
(u) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Trust must not, without the approval of the Treasurer,
exercise a power referred to in subsection (2)(s) or (t).
(4) The Trust may exercise its powers within or outside of the
State.
Division 2A—Staffing
arrangements
11—Repeal of Part
2 Division 3 and Part 3
Part 2 Division 3 and Part 3—delete Part 2 Division 3 and
Part 3 and substitute:
Division 3—Financial matters and annual
reports
23—Annual budget
(1) The Trust must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Trust's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Trust must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Trust is not required to have the approval of the Minister with
respect to the expenditure of money received by the Trust by way of a
testamentary or other gift.
24—Accounts and audit
(1) The Trust must cause proper accounting records to be kept in relation
to the financial affairs of the Trust, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the Trust
and must audit the annual statements of account.
25—Annual report
(1) The Trust must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the Trust for the
preceding financial year.
(2) The report must contain the audited statements of account of the Trust
for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
12—Substitution of
heading to Part 4
Heading to Part 4—delete the heading and substitute:
Part 3—Transfer of Trust
property
13—Redesignation
of section 29—Transfer of Trust property
Section 29—redesignate section 29 as section 26
Part 5—delete Part 5 and substitute:
Part 4—Authorised officers
27—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
28—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while at
the Centre or other premises of the Trust, has committed, is committing or is
about to commit an offence against this or any other Act, the authorised officer
may do any 1 or more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave the Centre or those premises immediately
and not to return for a stated period (not exceeding 24 hours) or not to enter
the Centre or those premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from the Centre or those
premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used at the Centre or other premises of the Trust in contravention of this Act;
and
(b) give such directions to persons at the Centre or other premises of the
Trust that the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, at the Centre or those premises; or
(ii) the protection of property under the care or control of the Trust;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from the Centre or other
premises of the Trust a person who refuses or fails to comply with a requirement
or direction under this section; or
(ii) for the purposes of seizing goods under section 33;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to the Centre or
other premises of the Trust includes a reference to a part of the Centre
or those premises.
29—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 5—Official insignia
30—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 31); or
(b) a logo (declared under section 31); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
31—Official titles and logos
(1) The following are declared to be official titles:
(a) Adelaide Festival Centre Trust;
(b) Adelaide Festival Centre.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Trust may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Trust to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Trust or a
particular event or activity conducted or promoted by the Trust.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
32—Unlawful use of official
insignia
(1) The Trust has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Trust, in the course of
a trade or business—
(a) use a name in which the Trust has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Trust, assume a name or
description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Trust); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Trust for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Trust, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Trust, order the convicted person to pay
compensation of an amount fixed by the court to the Trust.
(7) Subsections (5) and (6) do not derogate from any civil
remedy that may be available to the Trust apart from those
subsections.
33—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Trust,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 32(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Trust in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 6—Miscellaneous
34—Liability for council rates
(1) Subject to subsection (2), land owned by the Trust is not
rateable under the Local Government Act 1999.
(2) If any such land is occupied under a lease or licence by a person
other than the Crown or an agency or instrumentality of the Crown, that person
is liable as occupier of the land to rates levied under the Local Government
Act 1999.
35—Gifts etc
(1) The Trust may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Trust or on any contract or instrument
executed by the Trust for the purpose of disposing of any property.
36—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
37—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
38—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the Trust;
and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from the Centre or other premises of the Trust or a part of the
Centre or those premises; and
(c) prohibit disorderly or offensive behaviour at the Centre or other
premises of the Trust; and
(d) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances at the Centre or other premises of the
Trust or a part of the Centre or those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, at the Centre or other premises of the Trust;
and
(ii) protecting property under the care or control of the Trust;
and
(f) prohibit or regulate the driving, parking or standing of vehicles at
the Centre or other premises of the Trust; and
(g) prescribe fees for the parking of vehicles at the Centre or other
premises of the Trust and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in,
the Trust of unclaimed property; and
(j) provide for the approval by the Trust or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(k) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Trust
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
3—Amendment of Adelaide Festival
Corporation Act 1998
15—Amendment of
section 3—Interpretation
(1) Section 3(1), after "In this Act" insert:
, unless the contrary intention appears
(2) Section 3(1), definition of board—delete the
definition and substitute:
authorised officer—see Part 5;
board means the board established as the governing authority
of the Corporation under section 7;
(3) Section 3(1), definitions of logo, official
insignia, official symbol, official title
and promote—delete the definitions and substitute:
member means member of the board;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 6;
premises of the Corporation means premises owned or occupied
by the Corporation;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager.
(4) Section 3(2)—delete subsection (2)
16—Substitution of
heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—Functions and powers of
Corporation
17—Amendment of
section 6—Powers
(1) Section 6(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) The Corporation has, in addition to any other powers conferred on it
under this or any other Act, all the powers of a natural person.
(2) The Corporation may, for example, do any 1 or more of the
following (subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with artists, performers,
entertainers and other persons involved in the arts, or employ such
persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of artistic, historical or cultural interest;
(e) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(f) accept grants or obtain financial sponsorship from any person or
body;
(g) carry on any advertising and promotional activities;
(h) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) on premises of
the Corporation;
(i) regulate and control admission to any venue for any events or
activities conducted or promoted by the Corporation, and charge and collect fees
for admission to any such venue;
(j) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Corporation;
(k) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Corporation;
(l) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Corporation;
(m) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Corporation;
(n) restrict, control and make charges for the use of official
insignia;
(o) take out policies of insurance in its own right or on behalf of the
State;
(p) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in the arts, or the promotion of the arts;
(q) give or contribute towards prizes in competitions designed to
encourage artistic or cultural or performing arts activity within the State or
make grants and give other assistance for such purposes;
(r) enter into any partnership or joint venture arrangement;
(s) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(t) borrow money and obtain other forms of financial
accommodation;
(u) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(2) Section 6(4)—delete "and outside" and substitute:
or outside of
18—Substitution of
heading to Part 4
Heading to Part 4—delete the heading and substitute:
Part 4—Management of
Corporation
19—Insertion of
heading to Part 4 Division 1A
Before section 8 insert:
Division 1A—Membership, proceedings
etc
20—Substitution of
sections 8 to 11
Sections 8 to 11 (inclusive)—delete the sections and
substitute:
8—Composition of board
(1) The board will consist of not more than 8 members appointed by
the Governor, of whom—
(a) 1 will be selected from a panel of 3 persons nominated by
The Corporation of the City of Adelaide; and
(b) the remainder will be nominated by the Minister.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members nominated by the
Minister to be the presiding member.
(4) The Governor may appoint a suitable person to be the deputy of a
member (being a person nominated by the body or person who nominated the member)
and the deputy may perform or exercise the functions and powers of the member in
the member's absence.
9—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the board's
affairs or the board has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) is absent without leave of the presiding member of the board from
3 consecutive meetings of the board; or
(f) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
21—Amendment of
section 12—Proceedings
(1) Section 12(2)—delete "member appointed to chair meetings of the
board" and substitute:
presiding member
(2) Section 12(6)(b)—delete "facsimile transmission or other
electronically transmitted" and substitute:
fax or other
(3) Section 12—after subsection (6) insert:
(6a) The board must meet at least 6 times in each year.
(4) Section 12—after subsection (8) insert:
(9) Subject to the directions of the board and section 15, this
section applies to a committee of the board in the same way as to the
board.
Section 13—delete the section and substitute:
13—Validity of acts
An act or proceeding of the board or a committee of the board is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
14—Ministerial control
(1) Subject to subsection (2), the board is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) objects, works or collections held or promoted by the Corporation;
or
(ii) performances or other events or activities conducted or promoted by
the Corporation; or
(b) as to the manner in which the board is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the board makes or is required
to make to the Minister.
23—Repeal
of Part 4 Division 2
Part 4 Division 2—delete Division 2
24—Amendment and
redesignation of section 17—Committees
(1) Section 17(2)—after "membership" insert:
and conditions of membership
(2) Section 17—redesignate the section (as amended by this section)
as section 15
Section 18—delete the section and substitute:
16—Delegation
(1) The board may delegate a function or power of the board under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the board containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
26—Insertion of
Part 4 Divisions 3A and 3B
After section 16 (as substituted by section 25 of this Act)
insert:
Division 3A—Conflict of interest under Public
Sector (Honesty and Accountability) Act
17—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
Division 3B—Common seal and execution of
documents
18—Common seal and execution of
documents
(1) The common seal of the Corporation must not be affixed to a document
except in pursuance of a decision of the board and the fixing of the seal must
be attested by the signatures of 2 members of the board.
(2) The board may, by instrument under the common seal of the Corporation,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Corporation subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the board may authorise
2 or more persons to execute documents jointly on behalf of the
Corporation.
(4) A document is duly executed by the Corporation if—
(a) the common seal of the Corporation is affixed to the document in
accordance with this section; or
(b) the document is signed on behalf of the Corporation by a person or
persons in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Corporation, it will be presumed, in the absence of proof to the contrary,
that the common seal of the Corporation was duly affixed to the
document.
Before section 19 insert:
18A—Annual budget
(1) The board must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Corporation's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the board must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The board is not required to have the approval of the Minister with
respect to the expenditure of money received by the Corporation by way of a
testamentary or other gift.
Part 5—delete the Part and substitute:
Part 5—Authorised officers
21—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
22—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while on
premises of the Corporation, has committed, is committing or is about to commit
an offence against this or any other Act, the authorised officer may do any 1 or
more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave those premises immediately and not to
return for a stated period (not exceeding 24 hours) or not to enter those
premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from those premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used on premises of the Corporation in contravention of this Act; and
(b) give such directions to persons on premises of the Corporation that
the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, on those premises; or
(ii) the protection of property under the care or control of the
Corporation; and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from premises of the
Corporation a person who refuses or fails to comply with a requirement or
direction under this section; or
(ii) for the purposes of seizing goods under section 27;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to premises of the
Corporation includes a reference to a part of those premises.
23—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 6—Official insignia
24—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 25); or
(b) a logo (declared under section 25); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
25—Official titles and logos
(1) Adelaide Festival Corporation is declared to be an official
title.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Corporation may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Corporation to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Corporation or a
particular event or activity conducted or promoted by the Corporation.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
26—Unlawful use of official
insignia
(1) The Corporation has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Corporation, in the
course of a trade or business—
(a) use a name in which the Corporation has a proprietary interest under
this section for the purpose of promoting the sale of services or the provision
of any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Corporation, assume a
name or description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Corporation); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Corporation for breach of a condition by notice
in writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Corporation, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Corporation, order the convicted person
to pay compensation of an amount fixed by the court to the
Corporation.
(7) Subsections (5) and (6) do not derogate from any civil
remedy that may be available to the Corporation apart from those
subsections.
27—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Corporation,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 26(2) in relation to the goods within 3 months of their seizure;
or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Corporation in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 7—Miscellaneous
28—Gifts etc
(1) The Corporation may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Corporation or on any contract or
instrument executed by the Corporation for the purpose of disposing of any
property.
29—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
30—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
31—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the Corporation;
and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from premises of the Corporation or a part of those premises;
and
(c) prohibit disorderly or offensive behaviour on premises of the
Corporation; and
(d) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances on premises of the Corporation or a part
of those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, on premises of the Corporation; and
(ii) protecting property under the care or control of the Corporation;
and
(f) prohibit or regulate the driving, parking or standing of vehicles on
premises of the Corporation; and
(g) prescribe fees for the parking of vehicles on premises of the
Corporation and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in,
the Corporation of unclaimed property; and
(j) provide for the approval by the board or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(k) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the board
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
4—Amendment of Art Gallery
Act 1939
29—Insertion of
heading to Part 1
Before section 1 insert:
Part 1—Preliminary
30—Amendment of
section 3—Interpretation
(1) Section 3, after the definition of art gallery
insert:
authorised officer—see Part 3;
(2) Section 3, definition of board—after "Board"
insert:
established under this Act
(3) Section 3, definition of to damage—delete the
definition
(4) Section 3—after the definition of member
insert:
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 4;
premises of the board means premises owned or occupied by the
board;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager.
(5) Section 3, note—delete the note
31—Insertion of
headings to Part 2 and Part 2 Division 1
Before section 4 insert:
Part 2—Art Gallery Board
Division 1—Establishment of Art Gallery
Board
32—Amendment of
section 4—Establishment of Art Gallery Board
Section 4(2)—delete subsection (2) and substitute:
(2) The board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
33—Substitution
of sections 5 to 13
Sections 5 to 13 (inclusive)—delete the sections and
substitute:
Division 2—Membership, proceedings
etc
5—Composition of board
(1) The board will consist of not more than 8 members appointed by
the Governor.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members to be the
presiding member.
(4) The Governor may appoint a suitable person to be a deputy of a member
and the deputy may perform or exercise the functions and powers of the member in
the member's absence.
6—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the board's
affairs or the board has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) is absent without leave of the presiding member of the board from
3 consecutive meetings of the board; or
(f) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
7—Proceedings
(1) A quorum of the board consists of half of the total number of its
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member at a meeting of the board, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the board.
(4) Each member present at a meeting of the board has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the board at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the board becomes a valid decision of the
board despite the fact that it is not voted on at a meeting of the board
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the board; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The board must meet at least 6 times in each year.
(8) The board must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the board may determine its own
procedures.
(10) Subject to the directions of the board and section 10, this
section applies to a committee of the board in the same way as to the
board.
8—Validity of acts
An act or proceeding of the board or a committee of the board is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
9—Ministerial control
(1) Subject to subsection (2), the board is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) objects, works or collections held or promoted by the board;
or
(ii) performances or other events or activities conducted or promoted by
the board; or
(b) as to the manner in which the board is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the board makes or is required
to make to the Minister.
Division 3—Committees and
delegation
10—Committees
(1) The board may establish such committees (including advisory committees
or subcommittees) as the board thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the board and may, but need not, consist of, or include, members
of the board.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
11—Delegation
(1) The board may delegate a function or power of the board under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the board containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 4—Conflict of interest under Public Sector
(Honesty and Accountability) Act
12—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
Division 5—Common seal and execution of
documents
13—Common seal and execution of
documents
(1) The common seal of the board must not be affixed to a document except
in pursuance of a decision of the board and the fixing of the seal must be
attested by the signatures of 2 members of the board.
(2) The board may, by instrument under the common seal of the board,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the board subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the board may authorise 2
or more persons to execute documents jointly on behalf of the board.
(4) A document is duly executed by the board if—
(a) the common seal of the board is affixed to the document in accordance
with this section; or
(b) the document is signed on behalf of the board by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the board, it will be presumed, in the absence of proof to the contrary, that
the common seal of the board was duly affixed to the document.
34—Insertion of
heading to Part 2 Division 6
Before section 16 insert:
Division 6—Functions and powers of
board
35—Amendment of
section 16—Functions
(1) Section 16(1)—delete "are as follows:" and substitute:
are—
(2) Section 16(1)(a)—delete "of all lands and premises placed under
the care and control" and substitute:
other premises
(3) Section 16(1)(f)—delete paragraph (f) and substitute:
(f) to carry out any other functions assigned to the board under this or
any other Act or by the Minister.
(4) Section 16(2) and (3)—delete subsections (2) and (3)
36—Substitution
of sections 16A and 17
Sections 16A and 17—delete the sections and substitute:
17—Powers
(1) The board has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The board may, for example, do any 1 or more of the following
(subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with artists and other persons
involved in the arts, or employ such persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of artistic, historical or cultural interest;
(e) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(f) offer rewards for information leading to the conviction of a person
for an offence against any property under the care or control of the
board;
(g) accept grants or obtain financial sponsorship from any person or
body;
(h) carry on advertising and promotional activities;
(i) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) at the art
gallery or other premises of the board;
(j) regulate and control admission to any venue for any events or
activities conducted or promoted by the board;
(k) charge and collect fees for admission to exhibitions, events or
activities conducted on special occasions or for special purposes;
(l) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the board;
(m) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the board;
(n) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the board;
(o) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the board;
(p) restrict, control and make charges for the use of official
insignia;
(q) take out policies of insurance in its own right or on behalf of the
State;
(r) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in the arts, or the promotion of the arts;
(s) give or contribute towards prizes in competitions designed to
encourage artistic or cultural arts activity within the State or make grants and
give other assistance for such purposes;
(t) enter into any partnership or joint venture arrangement;
(u) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(v) borrow money and obtain other forms of financial
accommodation;
(w) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the board must not, without the approval of the Treasurer,
exercise a power referred to in subsection (2)(u) or (v).
(4) The board may exercise its powers within or outside of the
State.
37—Substitution
of sections 18 to 29
Sections 18 to 29 (inclusive)—delete the sections and
substitute:
Division 7—Staff
18—Staff
(1) The board's staff consists of Public Service employees assigned to
assist the board.
(2) The board may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
Division 8—Financial matters and annual
reports
19—Annual budget
(1) The board must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the board's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the board must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The board is not required to have the approval of the Minister with
respect to the expenditure of money received by the board by way of a
testamentary or other gift.
20—Accounts and audit
(1) The board must cause proper accounting records to be kept in relation
to the financial affairs of the board, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the board
and must audit the annual statements of account.
21—Annual report
(1) The board must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the board for the
preceding financial year.
(2) The report must contain the audited statements of account of the board
for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
Part 3—Authorised officers
22—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
23—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while at
the art gallery or other premises of the board, has committed, is committing or
is about to commit an offence against this or any other Act, the authorised
officer may do any 1 or more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave the art gallery or those premises
immediately and not to return for a stated period (not exceeding 24 hours) or
not to enter the art gallery or those premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from the art gallery or those
premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used at the art gallery or other premises of the board in contravention of this
Act; and
(b) give such directions to persons at the art gallery or other premises
of the board that the authorised officer considers necessary
for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, at the art gallery or those premises; or
(ii) the protection of property under the care or control of the board;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from the art gallery or other
premises of the board a person who refuses or fails to comply with a requirement
or direction under this section; or
(ii) for the purposes of seizing goods under section 28;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to the art gallery
or other premises of the board includes a reference to a part of the art
gallery or those premises.
24—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 4—Official insignia
25—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 26); or
(b) a logo (declared under section 26); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
26—Official titles and logos
(1) Art Gallery of South Australia is declared to be an official
title.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the board may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the board to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the board or a
particular event or activity conducted or promoted by the board.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
27—Unlawful use of official
insignia
(1) The board has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the board, in the course of
a trade or business—
(a) use a name in which the board has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the board, assume a name or
description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the board); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the board for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the board, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the board, order the convicted person to pay
compensation of an amount fixed by the court to the board.
(7) Subsections (5) and (6) do not derogate from any civil
remedy that may be available to the board apart from those
subsections.
28—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the board,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 27(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the board in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 5—Miscellaneous
29—Gifts etc
(1) The board may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) A gift or bequest made to or for the benefit or purposes
of—
(a) the art gallery; or
(b) the board; or
(c) a former governing body of the art gallery,
will be taken to be a gift or bequest to the board and must be applied by
the board towards the purposes for which the gift or bequest was made.
(3) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the board or on any contract or instrument
executed by the board for the purpose of disposing of any property.
30—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
31—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
32—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the board;
and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from the art gallery or other premises of the board or a part of
the art gallery or those premises; and
(c) prohibit disorderly or offensive behaviour at the art gallery or other
premises of the board; and
(d) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances at the art gallery or other premises of
the board or a part of the art gallery or those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, at the art gallery or other premises of the board;
and
(ii) protecting property under the care or control of the board;
and
(f) prohibit or regulate the driving, parking or standing of vehicles on
premises of the board; and
(g) prescribe fees for the parking of vehicles on premises of the board
and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in,
the board of unclaimed property; and
(j) provide for the approval by the board or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(k) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the board
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
5—Amendment of Carrick Hill Trust
Act 1985
38—Substitution
of sections 3 and 4
Sections 3 and 4—delete the sections and substitute:
3—Interpretation
In this Act, unless the contrary intention appears—
authorised officer—see Part 3;
Carrick Hill means the property known by that name vested in
the Trust;
member means member of the Trust;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 4;
premises of the Trust means premises owned or occupied by the
Trust;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager;
Trust means the Carrick Hill Trust established under this
Act.
39—Substitution
of Parts 2 and 3
Parts 2 and 3—delete the Parts and substitute:
Part 2—Carrick Hill Trust
Division 1—Establishment of
Trust
4—Establishment of Trust
(1) The Carrick Hill Trust is established.
(2) The Trust—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds its property on behalf of
the Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
Division 2—Membership, proceedings
etc
5—Composition of Trust
(1) The Trust will consist of not more than 8 members appointed by
the Governor, of whom—
(a) 1 will be nominated by the council of the City of Mitcham from
the members, officers or employees of the council; and
(b) the remainder will be nominated by the Minister.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members to be the
presiding member.
(4) The Governor may appoint a suitable person to be a deputy of a member
(being a person nominated by the body or person who nominated the member) and
the deputy may perform or exercise the functions and powers of the member in the
member's absence.
6—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Trust's
affairs or the Trust has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Trust; or
(f) is absent without leave of the presiding member of the Trust from
3 consecutive meetings of the Trust; or
(g) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
7—Proceedings
(1) A quorum of the Trust consists of half of the total number of the
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member from a meeting of the Trust, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Trust.
(4) Each member present at a meeting of the Trust has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Trust at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Trust for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Trust becomes a valid decision of the
Trust despite the fact that it is not voted on at a meeting of the Trust
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Trust; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Trust must meet at least 6 times in each year.
(8) The Trust must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Trust may determine its own
procedures.
(10) Subject to the directions of the Trust and section 10, this
section applies to a committee of the Trust in the same way as to the
Trust.
8—Validity of acts
An act or proceeding of the Trust or a committee of the Trust is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
9—Ministerial control
(1) Subject to subsection (2), the Trust is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) objects, works or collections held or promoted by the Trust;
or
(ii) performances or other events or activities conducted or promoted by
the Trust; or
(b) as to the manner in which the Trust is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the Trust makes or is required
to make to the Minister.
Division 3—Committees and
delegation
10—Committees
(1) The Trust may establish such committees (including advisory committees
or subcommittees) as the Trust thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Trust and may, but need not, consist of, or include, members
of the Trust.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Trust; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
11—Delegation
(1) The Trust may delegate a function or power of the Trust under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Trust containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 4—Conflict of interest under Public Sector
(Honesty and Accountability) Act
12—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Trust will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
Division 5—Common seal and execution of
documents
13—Common seal and execution of
documents
(1) The common seal of the Trust must not be affixed to a document except
in pursuance of a decision of the Trust and the fixing of the seal must be
attested by the signatures of 2 members of the Trust.
(2) The Trust may, by instrument under the common seal of the Trust,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Trust subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Trust may
authorise 2 or more persons to execute documents jointly on behalf of
the Trust.
(4) A document is duly executed by the Trust if—
(a) the common seal of the Trust is affixed to the document in accordance
with this section; or
(b) the document is signed on behalf of the Trust by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Trust, it will be presumed, in the absence of proof to the contrary, that
the common seal of the Trust was duly affixed to the document.
Division 6—Functions and powers of
Trust
14—Functions
The functions of the Trust are—
(a) to administer, develop and maintain Carrick Hill for any 1 or
more of the following purposes:
(i) as a gallery for the display of works of art;
(ii) as a museum;
(iii) as a botanical garden; and
(b) to promote and encourage the interest of the public in Carrick Hill,
its collections and the services and amenities provided by the Trust;
and
(c) to perform any other functions assigned to the Trust by this Act or
the Minister.
15—Powers
(1) The Trust has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The Trust may, for example, do any 1 or more of the following
(subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with artists, performers,
entertainers and other persons involved in the arts, or employ such
persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of artistic, historical or cultural interest;
(e) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(f) accept grants or obtain financial sponsorship from any person or
body;
(g) carry on advertising and promotional activities;
(h) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) at Carrick Hill
or other premises of the Trust;
(i) regulate and control admission to any venue for any events or
activities conducted or promoted by the Trust, and charge and collect fees for
admission to any such venue;
(j) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Trust;
(k) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Trust;
(l) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Trust;
(m) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Trust;
(n) restrict, control and make charges for the use of official
insignia;
(o) take out policies of insurance in its own right or on behalf of the
State;
(p) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in the arts, or the promotion of the arts;
(q) give or contribute towards prizes in competitions designed to
encourage artistic or cultural or performing arts activity within the State or
make grants and give other assistance for such purposes;
(r) enter into any partnership or joint venture arrangement;
(s) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(t) borrow money and obtain other forms of financial
accommodation;
(u) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Trust must not—
(a) sell or otherwise dispose of any of its real property without the
approval of both Houses of Parliament; or
(b) exercise a power referred to in subsection (2)(s) or (t)
without the approval of the Treasurer.
(4) The Trust may exercise its powers within or outside of the
State.
Division 7—Staff
16—Staff
(1) The Trust's staff consists of Public Service employees assigned to
assist the Trust.
(2) The Trust may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
Division 8—Financial matters and annual
reports
17—Annual budget
(1) The Trust must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Trust's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Trust must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Trust is not required to have the approval of the Minister with
respect to the expenditure of money received by the Trust by way of a
testamentary or other gift.
18—Accounts and audit
(1) The Trust must cause proper accounting records to be kept in relation
to the financial affairs of the Trust, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the Trust
and must audit the annual statements of account.
19—Annual report
(1) The Trust must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the Trust for the
preceding financial year.
(2) The report must contain the audited statements of account of the Trust
for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
Part 3—Authorised officers
20—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
21—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while at
Carrick Hill or other premises of the Trust, has committed, is committing or is
about to commit an offence against this or any other Act, the authorised officer
may do any 1 or more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave Carrick Hill or those premises immediately
and not to return for a stated period (not exceeding 24 hours) or not to enter
Carrick Hill or those premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from Carrick Hill or those
premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used at Carrick Hill or other premises of the Trust in contravention of this
Act; and
(b) give such directions to persons at Carrick Hill or other premises of
the Trust that the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, at Carrick Hill or those premises; or
(ii) the protection of property under the care or control of the Trust;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from Carrick Hill or other
premises of the Trust a person who refuses or fails to comply with a requirement
or direction under this section; or
(ii) for the purposes of seizing goods under section 26;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to Carrick Hill or
other premises of the Trust includes a reference to a part of Carrick
Hill or those premises.
22—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 4—Official insignia
23—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 24); or
(b) a logo (declared under section 24); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
24—Official titles and logos
(1) The following are declared to be official titles:
(a) Carrick Hill Trust;
(b) Carrick Hill.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Trust may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Trust to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Trust or a
particular event or activity conducted or promoted by the Trust.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
25—Unlawful use of official
insignia
(1) The Trust has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Trust, in the course of
a trade or business—
(a) use a name in which the Trust has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Trust, assume a name or
description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Trust); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Trust for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Trust, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Trust, order the convicted person to pay
compensation of an amount fixed by the court to the Trust.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the Trust apart from those subsections.
26—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Trust,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 25(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Trust in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 5—Miscellaneous
27—Governor may place Crown land under control of
Trust
(1) The Governor may, if of the opinion that it is expedient to do so,
place any Crown land under the care, control and management of the
Trust.
(2) Land placed under the care, control and management of the Trust under
this section will, for the purposes of this Act, be taken to be part of Carrick
Hill and must be administered by the Trust in accordance with this
Act.
28—Gifts etc
(1) The Trust may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Trust or on any contract or instrument
executed by the Trust for the purpose of disposing of any property.
29—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
30—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
31—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the Trust;
and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from Carrick Hill or other premises of the Trust or a part of
Carrick Hill or those premises; and
(c) prohibit disorderly or offensive behaviour at Carrick Hill or other
premises of the Trust; and
(d) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances at Carrick Hill or other premises of the
Trust or a part of Carrick Hill or those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, at Carrick Hill or other premises of the Trust;
and
(ii) protecting property under the care or control of the Trust;
and
(f) prohibit or regulate the driving, parking or standing of vehicles at
Carrick Hill or other premises of the Trust; and
(g) prescribe fees for the parking of vehicles at Carrick Hill or other
premises of the Trust and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in,
the Trust of unclaimed property; and
(j) provide for the approval by the Trust or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(k) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Trust
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
6—Amendment of History Trust of South
Australia Act 1981
Section 4—delete the section and substitute:
2—Interpretation
(1) In this Act, unless the contrary intention appears—
authorised officer—see Part 3;
employing authority means the person designated by
proclamation as being the employing authority for the purposes of this
definition;
member means member of the Trust;
museum means premises in which objects illustrative of, or
relevant to, the history of the State are cared for and exhibited (whether or
not the premises are devoted exclusively to the care or exhibition of such
objects);
object includes a document, picture, specimen or artefact
(but does not include an item as defined in the Heritage Places
Act 1993 or the Aboriginal Heritage Act 1988);
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 4;
premises of the Trust means premises owned or occupied by the
Trust;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager;
Trust means the History Trust of South Australia established
under this Act.
(2) A proclamation made for the purposes of the definition of
employing authority—
(a) may apply by reference to a specified person, or by reference to the
person for the time being performing particular duties or holding or acting in a
specified position; and
(b) may, from time to time as the Governor thinks fit, be varied or
substituted by a new proclamation.
41—Amendment and
redesignation of section 6—Operation of certain other Acts
preserved
(1) Section 6(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) the Heritage Places Act 1993; or
(c) the Aboriginal Heritage Act 1988.
(2) Section 6—redesignate section 6 (as amended by this section) as
section 3
42—Substitution
of heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—History Trust of South
Australia
43—Substitution
of Part 2 Divisions 1 to 3
Part 2 Divisions 1 to 3 (inclusive)—delete Divisions 1 to 3 and
substitute:
Division 1—Establishment of
Trust
4—Establishment of Trust
(1) The History Trust of South Australia is established.
(2) The Trust—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds its property on behalf of
the Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
Division 2—Membership, proceedings
etc
5—Composition of Trust
(1) The Trust will consist of not more than 8 members appointed by
the Governor.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members to be the
presiding member.
(4) The Governor may appoint a suitable person to be a deputy of a member
and the deputy may perform or exercise the functions and powers of the member in
the member's absence.
6—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Trust's
affairs or the Trust has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) is absent without leave of the presiding member of the Trust from
3 consecutive meetings of the Trust; or
(f) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
7—Proceedings
(1) A quorum of the Trust consists of half of the total number of its
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member from a meeting of the Trust, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Trust.
(4) Each member present at a meeting of the Trust has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Trust at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Trust for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Trust becomes a valid decision of the
Trust despite the fact that it is not voted on at a meeting of the Trust
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Trust; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Trust must meet at least 6 times in each year.
(8) The Trust must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Trust may determine its own
procedures.
(10) Subject to the directions of the Trust and section 10, this
section applies to a committee of the Trust in the same way as to the
Trust.
8—Validity of acts
An act or proceeding of the Trust or a committee of the Trust is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
9—Ministerial control
(1) Subject to subsection (2), the Trust is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the nature or content of—
(i) Trust collections; or
(ii) events or activities conducted or promoted by the Trust; or
(b) as to the manner in which the Trust is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the Trust makes or is required
to make to the Minister.
Division 2A—Committees and
delegation
10—Committees
(1) The Trust may establish such committees (including advisory committees
or subcommittees) as the Trust thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Trust and may, but need not, consist of, or include, members
of the Trust.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Trust; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
11—Delegation
(1) The Trust may delegate a function or power of the Trust under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Trust containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 2B—Common seal and execution of
documents
12—Common seal and execution of
documents
(1) The common seal of the Trust must not be affixed to a document except
in pursuance of a decision of the Trust and the fixing of the seal must be
attested by the signatures of 2 members of the Trust.
(2) The Trust may, by instrument under the common seal of the Trust,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Trust subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Trust may authorise 2
or more persons to execute documents jointly on behalf of the Trust.
(4) A document is duly executed by the Trust if—
(a) the common seal of the Trust is affixed to the document in accordance
with this section; or
(b) the document is signed on behalf of the Trust by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Trust, it will be presumed, in the absence of proof to the contrary, that
the common seal of the Trust was duly affixed to the document.
Division 3—Functions and powers of
Trust
13—Functions
The functions of the Trust are—
(a) to carry out, or promote, research relevant to the history of the
State; and
(b) to accumulate and classify data on any subject of significance to the
history of the State; and
(c) to accumulate and care for objects of historical interest;
and
(d) to exhibit objects of historical or cultural interest; and
(e) to maintain registers of objects of historical significance to the
State; and
(f) to manage and administer museums and other premises that are vested
in, or placed under the care, control and management of the Trust; and
(g) to accredit or otherwise to evaluate museums, and to advise the
Minister on the operation of museums and on the allocation of funds or other
forms of assistance that may be available for the promotion or development of
museums; and
(h) to disseminate, or encourage the dissemination of, information
relevant to the history of the State; and
(i) to encourage the conservation of objects of historical significance to
the State; and
(j) to advise the Minister on the conservation of objects in the ownership
or possession of the Crown that are of historical significance to the State
(and, as appropriate, to assume the management of such objects); and
(k) to carry out any other functions assigned to the Trust under this or
any other Act or by the Minister.
14—Powers
(1) The Trust has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The Trust may, for example, do any 1 or more of the
following (subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into other contracts, agreements or arrangements;
(c) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of historical or cultural interest;
(d) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(e) accept grants or obtain financial sponsorship from any person or
body;
(f) carry on advertising and promotional activities;
(g) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) on premises
owned of the Trust;
(h) regulate and control admission to any venue for any events or
activities conducted or promoted by the Trust, and charge and collect fees for
admission to any such venue;
(i) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Trust;
(j) publish or produce books, programs, brochures, films, souvenirs,
information and other things relating to events or activities conducted or
promoted by the Trust;
(k) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Trust;
(l) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Trust;
(m) restrict, control and make charges for the use of official
insignia;
(n) take out policies of insurance in its own right or on behalf of the
State;
(o) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in historical or cultural activities, or the promotion of
such activities;
(p) give or contribute towards prizes in competitions designed to
encourage activities of an historical or cultural nature within the State or
make grants and give other assistance for such purposes;
(q) enter into any partnership or joint venture arrangement;
(r) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(s) borrow money and obtain other forms of financial
accommodation;
(t) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Trust must not, without the approval of the Treasurer,
exercise a power referred to in subsection (2)(r) or (s).
(4) The Trust may exercise its powers within or outside of the
State.
44—Substitution
of heading to Part 2 Division 4
Heading to Part 2 Division 4—delete the heading and
substitute:
Division 4—Staffing
arrangements
45—Redesignation
of section 16—Staffing arrangements
Section 16—redesignate the section as section 15
46—Substitution
of Part 2 Division 5
Part 2 Division 5—delete Division 5 and substitute:
Division 5—Financial matters and annual
reports
16—Annual budget
(1) The Trust must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Trust's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Trust must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Trust is not required to have the approval of the Minister with
respect to the expenditure of money received by the Trust by way of a
testamentary or other gift.
17—Accounts and audit
(1) The Trust must cause proper accounting records to be kept in relation
to the financial affairs of the Trust, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the Trust
and must audit the annual statements of account.
18—Annual report
(1) The Trust must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the Trust for the
preceding financial year.
(2) The report must contain the audited statements of account of the Trust
for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
Part 3—delete the Part and substitute:
Part 3—Authorised officers
19—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
20—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while on
premises of the Trust, has committed, is committing or is about to commit an
offence against this or any other Act, the authorised officer may do any 1 or
more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave those premises immediately and not to
return for a stated period (not exceeding 24 hours) or not to enter those
premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from those premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used at premises of the Trust in contravention of this Act; and
(b) give such directions to persons at premises of the Trust that the
authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, at those premises; or
(ii) the protection of property under the care or control of the Trust;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from premises of the Trust a
person who refuses or fails to comply with a requirement or direction under this
section; or
(ii) for the purposes of seizing goods under section 25;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to premises of the
Trust includes a reference to a part of those premises.
21—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 4—Official insignia
22—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 23); or
(b) a logo (declared under section 23); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
23—Official titles and logos
(1) The following are declared to be official titles:
(a) History Trust of South Australia;
(b) History SA.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Trust may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Trust to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Trust or a
particular event or activity conducted or promoted by the Trust.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
24—Unlawful use of official
insignia
(1) The Trust has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Trust, in the course of
a trade or business—
(a) use a name in which the Trust has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Trust, assume a name or
description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Trust); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Trust for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Trust, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Trust, order the convicted person to pay
compensation of an amount fixed by the court to the Trust.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the Trust apart from those subsections.
25—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Trust,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 24(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Trust in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 5—Miscellaneous
26—Governor may place Crown land under control of
Trust
(1) If, in the opinion of the Governor—
(a) premises on Crown land are of historical significance to the State;
or
(b) it would be otherwise expedient to place Crown land under the care,
control and management of the Trust,
the Governor may place that land under the care, control and management of
the Trust.
(2) Land placed under the care, control and management of the Trust under
this section must be administered by the Trust in accordance with this
Act.
27—Gifts etc
(1) The Trust may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Trust or on any contract or instrument
executed by the Trust for the purpose of disposing of any property.
28—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
29—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
30—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the Trust;
and
(b) require notification by persons to the Trust of the sale, disposal or
destruction of objects listed on a register maintained by the Trust;
and
(c) provide for the admission, exclusion or expulsion of members of the
public to or from premises of the Trust or a part of those premises;
and
(d) prohibit disorderly or offensive behaviour on premises of the Trust;
and
(e) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances on premises of the Trust or a part of
those premises; and
(f) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, on premises of the Trust; and
(ii) protecting property under the care or control of the Trust;
and
(g) prohibit or regulate the driving, parking or standing of vehicles on
premises of the Trust; and
(h) prescribe fees for the parking of vehicles on premises of the Trust
and provide for their payment and recovery; and
(i) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(j) provide for the management (including disposal) by, and vesting in,
the Trust of unclaimed property; and
(k) provide for the approval by the Trust or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(l) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Trust
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
7—Amendment of Libraries
Act 1982
Section 5—delete the section and substitute:
5—Interpretation
In this section, unless the contrary intention appears—
authorised officer—see Part 3;
Board means the Libraries Board of South Australia continued
under this Act;
council has the same meaning as in the Local Government
Act 1999;
LGA means the Local Government Association of South
Australia;
library materials means books, magazines, newspapers,
records, cassettes, films, videotapes and other materials of a kind commonly
lent by, or available for reference at, a library;
member means member of the Board;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 3A;
premises of the Board means premises owned or occupied by the
Board;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager.
49—Substitution
of heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—Objectives of Act
50—Repeal of
heading to Part 2 Division 1
Heading to Part 2 Division 1—delete the heading
51—Amendment of
section 7—Objectives of Act
Section 7(2)—after "lending charge" insert:
or the payment of a membership fee
52—Substitution
of heading to Part 2 Division 2
Heading to Part 2 Division 2—delete the heading and
substitute:
Part 3—Libraries Board of South
Australia
Division 1—Continuation of Libraries Board of South
Australia
53—Amendment of
section 8—Continuation of Libraries Board of South
Australia
(1) Section 8(1)—delete "shall continue" and substitute:
continues
(2) Section 8(2) to (5) (inclusive)—delete subsections (2) to (5)
and substitute:
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
54—Substitution
of sections 9 to 13
Sections 9 to 13 (inclusive)—delete the sections and
substitute:
Division 2—Membership, proceedings
etc
9—Composition of Board
(1) The Board will consist of not more than 8 members appointed by
the Governor, of whom—
(a) 2 will be members, officers or employees of councils nominated by the
LGA (1 of whom must be a librarian employed in a public library or a community
information officer employed by a council); and
(b) 1 will be a person with experience in local government (who may, but
need not, be a member, officer or employee of a council) nominated by the LGA;
and
(c) the remainder will be nominated by the Minister.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members to be the presiding
member.
(4) The Governor may appoint a suitable person to be a deputy of a member
(being a person nominated by the body or person who nominated the member) and
the deputy may perform or exercise the functions and powers of the member in the
member's absence.
10—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Board's
affairs or the Board has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Board; or
(f) is absent without leave of the presiding member of the Board from
3 consecutive meetings of the Board; or
(g) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
11—Proceedings
(1) A quorum of the Board consists of half of the total number of its
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member at a meeting of the Board, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Board.
(4) Each member present at a meeting of the Board has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Board at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Board; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Board must meet at least 6 times in each year.
(8) The Board must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Board may determine its own
procedures.
(10) Subject to the directions of the Board and section 13A, this
section applies to a committee of the Board in the same way as to the
Board.
12—Validity of acts
An act or proceeding of the Board or a committee of the Board is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
13—Ministerial control
(1) Subject to subsection (2), the Board is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the nature or content of—
(i) library collections; or
(ii) events or activities conducted or promoted by the Board; or
(b) suppressing the dissemination of information; or
(c) preventing or controlling access by the public to library materials at
times when the libraries in which those materials are stored are open to the
public; or
(d) as to the manner in which the Board is to deal with a testamentary or
other gift; or
(e) as to any advice or recommendation that the Board makes or is required
to make to the Minister.
Division 2A—Committees and
delegation
13A—Committees
(1) The Board may establish such committees (including advisory committees
or subcommittees) as the Board thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Board and may, but need not, consist of, or include, members
of the Board.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
13B—Delegation
(1) The Board may delegate a function or power of the Board under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Board containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 2B—Conflict of interest under Public
Sector (Honesty and Accountability) Act
13C—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with public librarians
generally, or a substantial section of public librarians.
Division 2C—Common seal and execution of
documents
13D—Common seal and execution of
documents
(1) The common seal of the Board must not be affixed to a document except
in pursuance of a decision of the Board and the fixing of the seal must be
attested by the signatures of 2 members of the Board.
(2) The Board may, by instrument under the common seal of the Board,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Board subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Board may authorise 2
or more persons to execute documents jointly on behalf of the Board.
(4) A document is duly executed by the Board if—
(a) the common seal of the Board is affixed to the document in accordance
with this section; or
(b) the document is signed on behalf of the Board by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Board, it will be presumed, in the absence of proof to the contrary, that
the common seal of the Board was duly affixed to the document.
55—Substitution
of heading to Part 2 Division 3
Heading to Part 2 Division 3—delete the heading and
substitute:
Division 3—Functions and powers of
Board
56—Amendment of
section 14—Functions
(1) Section 14—delete "are as follows:" and substitute:
are—
(2) Section 14(f)—delete "departments and instrumentalities of
Government, and with other authorities and bodies" and substitute:
an administrative unit of the Public Service or any other public sector
agency (within the meaning of the Public Sector Act 2009) and any
other authority or body
(3) Section 14(g)—delete "upon" and substitute:
on
(4) Section 14(h) and (i)—delete paragraphs (h) and (i)
(5) Section 14—after paragraph (n) insert:
and
(o) to carry out any other functions assigned to the Board under this or
any other Act or by the Minister.
57—Substitution
of sections 15 to 20
Sections 15 to 20 (inclusive)—delete the sections and
substitute:
15—Powers
(1) The Board has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The Board may, for example, do any 1 or more of the following
(subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with authors, librarians or other
persons involved in library services, or employ such persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire, hold, take on hire, lend, exchange or dispose of library
materials;
(e) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(f) provide courses of training for such persons as the Board thinks
fit;
(g) accept grants or obtain financial sponsorship from any person or
body;
(h) carry on advertising and promotional activities;
(i) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) at the State
Library, another public library or any other premises of the Board;
(j) regulate and control admission to any venue for any events or
activities conducted or promoted by the Board;
(k) charge and collect fees for admission to exhibitions, events or
activities conducted on special occasions or for special purposes;
(l) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Board;
(m) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Board;
(n) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Board;
(o) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Board;
(p) restrict, control and make charges for the use of official
insignia;
(q) take out policies of insurance in its own right or on behalf of the
State;
(r) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in library services, or the promotion of library
services;
(s) give or contribute towards prizes in competitions designed to
encourage activities of an educational, historical, cultural or artistic nature
within the State or make grants and give other assistance for such
purposes;
(t) enter into any partnership or joint venture arrangement;
(u) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(v) borrow money and obtain other forms of financial
accommodation;
(w) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Board must not, without the approval of the Treasurer,
exercise a power referred to in subsection (2)(u) or (v).
(4) The Board may exercise its powers within or outside of the
State.
Division 4—Staff
16—Staff
(1) The Board's staff consists of Public Service employees assigned to
assist the Board.
(2) The Board may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
58—Substitution
of heading to Part 2 Division 5
Heading to Part 2 Division 5—delete the heading to Division 5 and
substitute:
Division 5—Financial matters and annual
reports
59—Insertion of
sections 18 to 20
Before section 21 insert:
18—Annual budget
(1) The Board must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Board's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Board must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Board is not required to have the approval of the Minister with
respect to the expenditure of money received by the Board by way of a
testamentary or other gift.
19—Accounts and audit
(1) The Board must cause proper accounting records to be kept in relation
to the financial affairs of the Board, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the Board
and must audit the annual statements of account.
20—Annual report
(1) The Board must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the Board for the
preceding financial year.
(2) The report must contain the audited statements of account of the Board
for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
60—Insertion of
Parts 3 and 3A
Before Part 4 insert:
Part 3—Authorised officers
23—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
24—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while at a
library or other premises of the Board, has committed, is committing or is about
to commit an offence against this or any other Act, the authorised officer may
do any 1 or more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave the library or those premises immediately
and not to return for a stated period or not to enter the library or those
premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from the library or those
premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used at a library or other premises of the Board in contravention of this Act;
and
(b) give such directions to persons at a library or other premises of the
Board that the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, at the library or those premises; or
(ii) the protection of property under the care or control of the Board;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from a library or other
premises of the Board a person who refuses or fails to comply with a requirement
or direction under this section; or
(ii) for the purposes of seizing goods under section 29;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to a library or
other premises of the Board includes a reference to a part of a library
or those premises.
25—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 3A—Official insignia
26—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 27); or
(b) a logo (declared under section 27); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
27—Official titles and logos
(1) State Library of South Australia is declared to be an official
title.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Board may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Board to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Board or a
particular event or activity conducted or promoted by the Board.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
28—Unlawful use of official
insignia
(1) The Board has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Board, in the course of
a trade or business—
(a) use a name in which the Board has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Board, assume a name or
description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Board); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Board for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Board, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Board, order the convicted person to pay
compensation of an amount fixed by the court to the Board.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the Board apart from those subsections.
29—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Board,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 28(2) in relation to the goods within 3 months of their seizure;
or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Board in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Section 35—delete the section and substitute:
35—Copies of certain material to be lodged with
Board and Parliamentary Librarian
(1) Subject to this section, if a person or body publishes material to
which this section applies, the person or body must, within 1 month after
publication, provide a copy of the material to the Board, and a copy to the
Parliamentary Librarian, at the person's own expense.
Maximum penalty: $2 500.
(2) A person or body may, by notice in writing to the person or body from
the Parliamentary Librarian, be exempted from providing all or a specified part
of the material required to be provided to the Parliamentary Librarian under
subsection (1).
(3) If material to which this section applies is published in various
forms of differing quality, the copies to be provided under subsection (1)
must be of the finest quality (unless provided in electronic form under
subsection (4)).
Maximum penalty: $2 500.
(4) A copy of material may only be provided under subsection (1) in
electronic form—
(a) if it is material or material of a kind prescribed by regulation;
or
(b) in the case of material to be provided to the Board—with the
agreement in writing of the Board; or
(c) in the case of material to be provided to the Parliamentary
Librarian—with the agreement in writing of the Parliamentary
Librarian.
(5) A receipt must be issued for material provided under this
section.
(6) This section applies to material of South Australian origin, or
material that has particular relevance to this State, in the form
of—
(a) a book, or a part or division of a book; or
(b) a newspaper, magazine, journal or pamphlet; or
(c) a map, plan, chart or table; or
(d) printed music; or
(e) a record, cassette, film, video or audio tape, CD, DVD or other item
made available to the public, designed to store and facilitate the reproduction
of visual images, sound or information.
(7) This section does not apply to—
(a) a second or subsequent edition of material referred to in
subsection (6) that does not differ from a former edition; or
(b) material or material of a kind prescribed by regulation.
62—Repeal of
sections 37 to 39
Sections 37 to 39 (inclusive)—delete the sections
63—Amendment
and redesignation of section 40—Conditions on which library materials are
to be lent etc
(1) Section 40(1)(b)—delete "upon" and substitute:
on
(2) Section 40(2)—delete subsection (2) and substitute:
(2) A person by whom a fine is payable under subsection (1) who refuses or
fails to comply with a demand by the Board for payment of the fine is guilty of
an offence.
Maximum penalty: $1 250.
(3) Section 40—redesignate the section (as amended by this section)
as section 37
After section 37 (as redesignated by section 63(3) of this Act)
insert:
38—Gifts etc
(1) The Board may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) A gift or bequest made to or for the benefit or purposes
of—
(a) a library administered by the Board; or
(b) the governing body of such a library; or
(c) the former Institutes Association of South Australia; or
(d) institutes that were formerly members of that Association,
will be taken to be a gift or bequest to the Board and must be applied by
the Board towards the purposes for which the gift or bequest was made.
(3) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Board or on any contract or instrument
executed by the Board for the purpose of disposing of any property.
65—Substitution
of sections 41 to 43
Sections 41 to 43 (inclusive)—delete the sections and
substitute:
39—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
40—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
41—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the Board;
and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from a library or other premises of the Board or a part of a
library or those premises; and
(c) prohibit disorderly or offensive behaviour at a library or other
premises of the Board; and
(d) prohibit the use of computers at a library for the purposes of
accessing or transmitting defamatory, obscene or other offensive
material;
(e) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances at a library or other premises of the
Board or a part of a library or those premises; and
(f) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, at a library or other premises of the Board; and
(ii) protecting property under the care or control of the Board;
and
(g) prohibit or regulate the driving, parking or standing of vehicles on
premises of the Board; and
(h) prescribe fees for the parking of vehicles on premises of the Board
and provide for their payment and recovery; and
(i) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(j) provide for the management (including disposal) by, and vesting in,
the Board of unclaimed property; and
(k) provide for the approval by the Board or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(l) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Board
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
8—Amendment of South Australian Country
Arts Trust Act 1992
66—Amendment of
section 3—Interpretation
Section 3(1)—delete subsection (1) and substitute:
(1) In this Act, unless the contrary intention appears—
authorised officer—see Part 3;
employing authority means the person designated by
proclamation as being the employing authority for the purposes of this
definition;
member means member of the Trust;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 4;
premises of the Trust means premises owned or occupied by the
Trust;
proclaimed region means an area declared by proclamation as a
region for the purposes of this Act;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager;
Trust means the South Australian Country Arts Trust
established under this Act.
67—Substitution
of heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—South Australian Country Arts
Trust
Division 1—Establishment of
Trust
68—Substitution
of sections 5 to 12
Sections 5 to 12 (inclusive)—delete the sections and
substitute:
Division 2—Membership, proceedings
etc
5—Composition of Trust
(1) The Trust will consist of not more than 9 members appointed by the
Governor, of whom—
(a) 1 will be selected from a panel of persons nominated by the Local
Government Association of South Australia;
(b) 5 will be nominated by the Minister to represent proclaimed regions;
and
(c) the remainder will be nominated by the Minister.
(2) At least 2 members must be women and at least 2 must be men.
(3) The Governor will appoint 1 of the members to be the presiding
member.
(4) The Governor may appoint a suitable person to be a deputy of a member
(being a person nominated by the body or person who nominated the member) and
the deputy may perform or exercise the functions and powers of the member in the
member's absence.
(5) A person is not eligible to be appointed to represent a proclaimed
region unless the person resides in the region.
6—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Trust's
affairs or the Trust has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Trust; or
(f) is absent without leave of the presiding member of the Trust from 3
consecutive meetings of the Trust; or
(g) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member of the Trust is entitled to fees, allowances and expenses
determined by the Governor.
7—Proceedings
(1) A quorum of the Trust consists of half of the total number of its
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member from a meeting of the Trust, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Trust.
(4) Each member present at a meeting of the Trust has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Trust at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Trust for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Trust becomes a valid decision of the
Trust despite the fact that it is not voted on at a meeting of the Trust
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Trust; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Trust must meet at least 6 times in each year.
(8) The Trust must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Trust may determine its own
procedures.
(10) Subject to the directions of the Trust and section 10, this
section applies to a committee of the Trust in the same way as to the
Trust.
8—Validity of acts
An act or proceeding of the Trust or a committee of the Trust is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
9—Ministerial control
(1) Subject to subsection (2), the Trust is subject to the general control
and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) objects, works or collections held or promoted by the Trust;
or
(ii) performances or other events or activities conducted or promoted by
the Trust; or
(b) as to the manner in which the Trust is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the Trust makes or is required
to make to the Minister.
Division 3—Committees and
delegation
10—Committees
(1) The Trust may establish such committees (including advisory committees
or subcommittees) as the Trust thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Trust and may, but need not, consist of, or include, members
of the Trust.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Trust; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
11—Delegation
(1) The Trust may delegate a function or power of the Trust under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Trust containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 4—Conflict of interest under Public Sector
(Honesty and Accountability) Act
12—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Trust will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
Division 5—Common seal and execution of
documents
12A—Common seal and execution of
documents
(1) The common seal of the Trust must not be affixed to a document except
in pursuance of a decision of the Trust and the fixing of the seal must be
attested by the signatures of 2 members of the Trust.
(2) The Trust may, by instrument under the common seal of the Trust,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Trust subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Trust may authorise 2 or
more persons to execute documents jointly on behalf of the Trust.
(4) A document is duly executed by the Trust if—
(a) the common seal of the Trust is affixed to the document in accordance
with this section; or
(b) the document is signed on behalf of the Trust by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Trust, it will be presumed, in the absence of proof to the contrary, that
the common seal of the Trust was duly affixed to the document.
Division 6—Functions and powers of
Trust
12B—Functions
The functions of the Trust are—
(a) to advise the Minister on matters of policy related to country arts;
and
(b) to act as an advocate for country arts; and
(c) to manage the development of country arts; and
(d) to establish and maintain an information service for country arts;
and
(e) to develop and manage programs for the touring of country arts
activities within the State or within or outside of the State; and
(f) to provide, manage and control premises and facilities for country
arts; and
(g) to evaluate and be responsible for the financial and artistic
performance of country arts activities funded by the Trust; and
(h) to provide ticketing services for productions or events of any kind
staged or promoted by the Trust or any other person; and
(i) to carry out any other functions assigned to the Trust under this or
any other Act or by the Minister.
12C—Powers
(1) The Trust has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The Trust may, for example, do any 1 or more of the following
(subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with artists, performers,
entertainers and other persons involved in the arts, or employ such
persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of artistic, historical or cultural interest;
(e) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(f) accept grants or obtain financial sponsorship from any person or
body;
(g) carry on advertising and promotional activities;
(h) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) on premises of
the Trust;
(i) regulate and control admission to any venue for any events or
activities conducted or promoted by the Trust, and charge and collect fees for
admission to any such venue;
(j) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Trust;
(k) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Trust;
(l) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Trust;
(m) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Trust;
(n) restrict, control and make charges for the use of official
insignia;
(o) take out policies of insurance in its own right or on behalf of the
State;
(p) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in the arts, or the promotion of the arts;
(q) give or contribute towards prizes in competitions designed to
encourage artistic or cultural or performing arts activity within the State or
make grants and give other assistance for such purposes;
(r) enter into any partnership or joint venture arrangement;
(s) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(t) borrow money and obtain other forms of financial
accommodation;
(u) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Trust must not, without the approval of the Treasurer,
exercise a power referred to in subsection (2)(s) or (t).
(4) The Trust may exercise its powers within or outside of the
State.
69—Insertion of
heading to Division 7
Before section 13 insert:
Division 7—Staffing
arrangements
70—Substitution
of sections 14 to 19
Sections 14 to 19 (inclusive)—delete the sections and
substitute:
Division 8—Financial matters and annual
reports
14—Annual budget
(1) The Trust must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Trust's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Trust must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Trust is not required to have the approval of the Minister with
respect to the expenditure of money received by the Trust by way of a
testamentary or other gift.
15—Accounts and audit
(1) The Trust must cause proper accounting records to be kept in relation
to the financial affairs of the Trust, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the Trust
and must audit the annual statements of account.
16—Annual report
(1) The Trust must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the Trust for the
preceding financial year.
(2) The report must contain the audited statements of account of the Trust
for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
Part 4—delete the Part and substitute:
Part 3—Authorised officers
17—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
18—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while on
premises of the Trust, has committed, is committing or is about to commit an
offence against this or any other Act, the authorised officer may do any 1 or
more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave those premises immediately and not to
return for a stated period (not exceeding 24 hours) or not to enter those
premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from those premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used on premises of the Trust in contravention of this Act; and
(b) give such directions to persons on premises of the Trust that the
authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, on those premises; or
(ii) the protection of property under the care or control of the Trust;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from premises of the Trust a
person who refuses or fails to comply with a requirement or direction under this
section; or
(ii) for the purposes of seizing goods under section 23;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to premises of the
Trust includes a reference to a part of those premises.
19—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 4—Official insignia
20—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 21); or
(b) a logo (declared under section 21); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
21—Official titles and logos
(1) The following are declared to be official titles:
(a) South Australian Country Arts Trust;
(b) Country Arts SA.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Trust may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Trust to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Trust or a
particular event or activity conducted or promoted by the Trust.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
22—Unlawful use of official
insignia
(1) The Trust has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Trust, in the course of
a trade or business—
(a) use a name in which the Trust has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Trust, assume a name or
description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Trust); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Trust for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Trust, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Trust, order the convicted person to pay
compensation of an amount fixed by the court to the Trust.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the Trust apart from those subsections.
23—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Trust,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 22(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Trust in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 5—Miscellaneous
24—Gifts etc
(1) The Trust may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Trust or on any contract or instrument
executed by the Trust for the purpose of disposing of any property.
25—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
26—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
27—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the Trust;
and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from premises of the Trust or a part of those premises;
and
(c) prohibit disorderly or offensive behaviour on premises of the Trust;
and
(d) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances on premises of the Trust or a part of
those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, on premises of the Trust; and
(ii) protecting property under the care or control of the Trust;
and
(f) prohibit or regulate the driving, parking or standing of vehicles on
premises of the Trust; and
(g) prescribe fees for the parking of vehicles on premises of the Trust
and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in,
the Trust of unclaimed property; and
(j) provide for the approval by the Trust or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(k) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Trust
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
9—Amendment of South Australian Film
Corporation Act 1972
72—Amendment of
section 4—Interpretation
(1) Section 4(1)—delete subsection (1) and substitute:
(1) In this Act, unless the contrary intention appears—
authorised officer—see Part 3;
Chief Executive Officer means the person for the time being
holding or acting in the office of Chief Executive Officer under this
Act;
Corporation means the South Australian Film Corporation
established under this Act;
council has the same meaning as in the Local Government
Act 1999;
employing authority means the person designated by
proclamation as being the employing authority for the purposes of this
definition;
film means a photographic film or a recording on magnetic
tape or on any other material or device from which a series of images (with or
without associated sounds) may be produced and includes such a photographic film
or recording for use in a television program;
member means member of the Corporation;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 4;
premises of the Corporation means premises owned or occupied
by the Corporation;
producer, in relation to a film, means the person by whom the
arrangements necessary for the making of the film are made;
promote, in relation to a film, event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager.
(2) Section 4, note—delete the note
73—Substitution
of heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—South Australian Film
Corporation
74—Substitution
of sections 5 to 8
Sections 5 to 8 (inclusive)—delete the sections and
substitute:
Division 1—Establishment of
Corporation
5—Establishment of Corporation
(1) The South Australian Film Corporation is established.
(2) The Corporation—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
Division 2—Membership, proceedings
etc
6—Composition of Corporation
(1) The Corporation will consist of not more than 8 members appointed
by the Governor.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members to be the presiding
member.
(4) The Governor may appoint a suitable person to be a deputy of a member
and the deputy may perform or exercise the functions and powers of the member in
the member's absence.
(5) The Chief Executive Officer is eligible for appointment to the
Corporation.
7—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person other than the
Chief Executive Officer cannot serve as a member for more than
9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the
Corporation's affairs or the Corporation has failed to carry out its functions
satisfactorily and its membership should, in the opinion of the Governor, be
reconstituted for that reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Corporation; or
(f) is absent without leave of the presiding member of the Corporation
from 3 consecutive meetings of the Corporation; or
(g) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
8—Proceedings
(1) A quorum of the Corporation consists of half of the total number of
its members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member at a meeting of the
Corporation, a member chosen by the members present at the meeting will
preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Corporation.
(4) Each member present at a meeting of the Corporation has 1 vote on
any question arising for decision and, if the votes are equal, the member
presiding at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the
Corporation at which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Corporation for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Corporation becomes a valid decision of
the Corporation despite the fact that it is not voted on at a meeting of the
Corporation if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Corporation; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Corporation must meet at least 6 times in each
year.
(8) The Corporation must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Corporation may determine its own
procedures.
(10) Subject to the directions of the Corporation and section 8C,
this section applies to a committee of the Corporation in the same way as to the
Corporation.
8A—Validity of acts
An act or proceeding of the Corporation or a committee of the Corporation
is not invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
8B—Ministerial control
(1) Subject to subsection (2), the Corporation is subject to the
general control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) films produced or promoted by the Corporation; or
(ii) events or activities conducted or promoted by the Corporation;
or
(b) as to the manner in which the Corporation is to deal with a
testamentary or other gift; or
(c) as to any advice or recommendation that the Corporation makes or is
required to make to the Minister.
Division 3—Committees and
delegation
8C—Committees
(1) The Corporation may establish such committees (including advisory
committees or subcommittees) as the Corporation thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Corporation and may, but need not, consist of, or include,
members of the Corporation.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Corporation; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
8D—Delegation
(1) The Corporation may delegate a function or power of the Corporation
under this Act (other than this power of delegation) to any person or committee
or other body (including a person for the time being performing particular
duties or holding or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Corporation containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
Division 4—Conflict of interest under Public Sector
(Honesty and Accountability) Act
8E—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Corporation will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the film industry generally, or a substantial section of those
engaged in or associated with the film industry.
Division 5—Common seal and execution of
documents
8F—Common seal and execution of
documents
(1) The common seal of the Corporation must not be affixed to a document
except in pursuance of a decision of the Corporation and the fixing of the seal
must be attested by the signatures of 2 members of the
Corporation.
(2) The Corporation may, by instrument under the common seal of the
Corporation, authorise a person or persons (whether nominated by name or by
office or title) to execute documents on behalf of the Corporation subject to
conditions and limitations (if any) specified in the instrument of
authority.
(3) Without limiting subsection (2), the Corporation may
authorise 2 or more persons to execute documents jointly on behalf of the
Corporation.
(4) A document is duly executed by the Corporation if—
(a) the common seal of the Corporation is affixed to the document in
accordance with this section; or
(b) the document is signed on behalf of the Corporation by a person or
persons in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Corporation, it will be presumed, in the absence of proof to the contrary,
that the common seal of the Corporation was duly affixed to the
document.
Division 6—Staffing
Arrangements
75—Amendment of
section 9—Appointment of Chief Executive Officer
Section 9(2)—delete the subsection and substitute:
(2) However, the employing authority must consult with the Corporation
before appointing a person as Chief Executive Officer or removing a person from
office as Chief Executive Officer.
76—Insertion of
heading to Part 2 Division 7
Before section 10 insert:
Division 7—Functions and powers of
Corporation
77—Amendment of
section 10—Functions
(1) Section 10—delete ", generally"
(2) Section 10—after paragraph (f) insert:
and
(g) to advise the Minister on matters relating to the development and
promotion of the South Australian film industry; and
(h) to carry out any other functions assigned to the Corporation under
this or any other Act or by the Minister.
Section 11—delete the section and substitute:
11—Powers
(1) The Corporation has, in addition to any other powers conferred on it
under this or any other Act, all the powers of a natural person.
(2) The Corporation may, for example, do any 1 or more of the
following (subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with actors, writers, artists,
performers, entertainers and other persons for the making, distribution and
exhibition of films, or employ such persons;
(c) enter into other contracts, agreements or arrangements;
(d) carry on film production on its own behalf or for another person or
organisation;
(e) for the purpose of participating in a scheme for the financing of film
production—advance money to a person or persons on such security and
conditions as the Corporation thinks fit;
(f) establish regional film libraries throughout the State;
(g) acquire, hold, take on hire, lend, exchange or dispose of objects or
materials for use in connection with film making, producing, projecting and
screening;
(h) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(i) accept grants or obtain financial sponsorship from any person or
body;
(j) carry on advertising and promotional activities;
(k) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) on premises of
the Corporation;
(l) regulate and control admission to any venue for any events or
activities conducted or promoted by the Corporation, and charge and collect fees
for admission to any such venue;
(m) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Corporation;
(n) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Corporation;
(o) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Corporation;
(p) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Corporation;
(q) restrict, control and make charges for the use of official
insignia;
(r) take out policies of insurance in its own right or on behalf of the
State;
(s) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in film, or the promotion of film;
(t) give or contribute towards prizes in competitions designed to
encourage artistic or cultural arts activity within the State or make grants and
give other assistance for such purposes;
(u) enter into any partnership or joint venture arrangement;
(v) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(w) borrow money and obtain other forms of financial
accommodation;
(x) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Corporation must not, without the approval of the
Treasurer, exercise a power referred to in subsection (2)(v)
or (w).
(4) The Corporation may exercise its powers within or outside of the
State.
79—Substitution
of sections 12 to 24
Sections 12 to 24 (inclusive)—delete the sections and
substitute:
Division 8—Financial matters and annual
reports
12—Annual budget
(1) The Corporation must, from time to time, prepare and submit to the
Minister a budget for the next financial year or for some other period
determined by the Minister.
(2) The budget must set out estimates of the Corporation's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Corporation must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Corporation is not required to have the approval of the Minister
with respect to the expenditure of money received by the Corporation by way of a
testamentary or other gift.
13—Accounts and audit
(1) The Corporation must cause proper accounting records to be kept in
relation to the financial affairs of the Corporation, and must have annual
statements of account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the
Corporation and must audit the annual statements of account.
14—Annual report
(1) The Corporation must, on or before 30 September in every year,
forward to the Minister a report on the work and operations of the Corporation
for the preceding financial year.
(2) The report must contain the audited statements of account of the
Corporation for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
Part 3—Authorised officers
15—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
16—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while on
premises of the Corporation, has committed, is committing or is about to commit
an offence against this or any other Act, the authorised officer may do any 1 or
more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave those premises immediately and not to
return for a stated period (not exceeding 24 hours) or not to enter those
premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from those premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used on premises of the Corporation in contravention of this Act; and
(b) give such directions to persons on premises of the Corporation that
the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, on those premises; or
(ii) the protection of property under the care or control of the
Corporation; and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from premises of the
Corporation a person who refuses or fails to comply with a requirement or
direction under this section; or
(ii) for the purposes of seizing goods under section 21;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to premises of the
Corporation includes a reference to a part of those premises.
17—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 4—Official insignia
18—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 19); or
(b) a logo (declared under section 19); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
19—Official titles and logos
(1) South Australian Film Corporation is declared to be an official
title.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Corporation may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Corporation to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Corporation or a
particular event or activity conducted or promoted by the Corporation.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
20—Unlawful use of official
insignia
(1) The Corporation has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Corporation, in the
course of a trade or business—
(a) use a name in which the Corporation has a proprietary interest under
this section for the purpose of promoting the sale of services or the provision
of any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Corporation, assume a
name or description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Corporation); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Corporation for breach of a condition by notice
in writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Corporation, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Corporation, order the convicted person
to pay compensation of an amount fixed by the court to the
Corporation.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the Corporation apart from those subsections.
21—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Corporation,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 20(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Corporation in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
80—Redesignation
of Part 6—Miscellaneous
Part 6—redesignate Part 6 (Miscellaneous) as Part 5
81—Insertion of
sections 22 to 24
Before section 25 insert:
22—Gifts etc
(1) The Corporation may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Corporation or on any contract or
instrument executed by the Corporation for the purpose of disposing of any
property.
23—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
24—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
82—Substitution
of sections 30 to 33
Sections 30 to 33 (inclusive)—delete the sections and
substitute:
30—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of films, materials,
equipment, objects, works, collections or any other property under the care or
control of the Corporation; and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from premises of the Corporation or a part of those premises;
and
(c) prohibit disorderly or offensive behaviour on premises of the
Corporation; and
(d) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances on premises of the Corporation or a part
of those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, on premises of the Corporation; and
(ii) protecting property under the care or control of the Corporation;
and
(f) prohibit or regulate the driving, parking or standing of vehicles on
premises of the Corporation; and
(g) prescribe fees for the parking of vehicles on premises of the
Corporation and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in,
the Corporation of unclaimed property; and
(j) provide for the approval by the Corporation or an authorised officer
of any act or activity that would otherwise be prohibited under the regulations;
and
(k) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the
Corporation or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
10—Amendment of South Australian Museum
Act 1976
Section 5—delete section 5 and substitute:
2—Interpretation
In this Act, unless the contrary intention appears—
authorised officer—see Part 3;
Board means the Museum Board continued under this
Act;
member means member of the Board;
Museum means the South Australian Museum (formerly known
under the repealed Act as the State Museum);
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 5;
premises of the Board means premises owned or occupied by the
Board;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager;
repealed Act means the Museum Act 1939 repealed
by this Act;
State collection means all property of scientific or
historical interest vested in the Board.
84—Substitution
of Parts 2 to 3
Parts 2 to 3 (inclusive)—delete the Parts and substitute:
Part 2—Museum Board
Division 1—Continuation of Museum
Board
3—Continuation of Museum Board
(1) The Museum Board established under the repealed Act continues in
existence.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and
(e) has the functions and powers assigned or conferred under this
Act.
(3) The rights and obligations vested in, and enforceable against, the
Museum Board under the repealed Act are vested in, or enforceable against, the
Board under this Act.
Division 2—Membership, proceedings
etc
4—Composition of Board
(1) The Board will consist of not more than 8 members appointed by
the Governor.
(2) At least 1 member must be a person with expertise in a scientific
field relating to the State collection.
(3) At least 2 members must be women and at least 2 must be
men.
(4) The Governor will appoint 1 of the members to be the presiding
member.
(5) The Governor may appoint a suitable person to be a deputy of a member
and the deputy may perform or exercise the functions and powers of the member in
the member's absence.
5—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Board's
affairs or the Board has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Board; or
(f) is absent without leave of the presiding member of the Board from
3 consecutive meetings of the Board; or
(g) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
6—Proceedings
(1) A quorum of the Board consists of half of the total number of its
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member at a meeting of the Board, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Board.
(4) Each member present at a meeting of the Board has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Board at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Board; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Board must meet at least 6 times in each year.
(8) The Board must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Board may determine its own
procedures.
(10) Subject to the directions of the Board and section 9, this
section applies to a committee of the Board in the same way as to the
Board.
7—Validity of acts
An act or proceeding of the Board or a committee of the Board is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
8—Ministerial control
(1) Subject to subsection (2), the Board is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the nature or content of—
(i) the State collection; or
(ii) events or activities conducted or promoted by the Board; or
(b) as to the manner in which the Board is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the Board makes or is required
to make to the Minister.
Division 3—Committees and
delegation
9—Committees
(1) The Board may establish such committees (including advisory committees
or subcommittees) as the Board thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Board and may, but need not, consist of, or include, members
of the Board.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
10—Delegation
(1) The Board may delegate a function or power of the Board under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Board containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 4—Common seal and execution of
documents
11—Common seal and execution of
documents
(1) The common seal of the Board must not be affixed to a document except
in pursuance of a decision of the Board and the fixing of the seal must be
attested by the signatures of 2 members of the Board.
(2) The Board may, by instrument under the common seal of the Board,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Board subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Board may authorise 2
or more persons to execute documents jointly on behalf of the Board.
(4) A document is duly executed by the Board if—
(a) the common seal of the Board is affixed to the document in accordance
with this section; or
(b) the document is signed on behalf of the Board by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Board, it will be presumed, in the absence of proof to the contrary, that
the common seal of the Board was duly affixed to the document.
Division 5—Functions and
powers
12—Functions
The functions of the Board are—
(a) to undertake the care and management of the Museum; and
(b) to manage the premises of the Board; and
(c) to carry out, or promote, research into matters of scientific and
historical interest; and
(d) to accumulate and care for objects and specimens of scientific or
historical interest; and
(e) to accumulate and classify data in regard to any such matters;
and
(f) to disseminate information of scientific or historical interest;
and
(g) to advise the Minister on matters relating to scientific or historical
research or collections; and
(h) to carry out any other functions assigned to the Board by this or any
other Act or the Minister.
13—Powers
(1) The Board has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The Board may, for example, do any 1 or more of the following
(subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into other contracts, agreements or arrangements;
(c) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of scientific or historical interest;
(d) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(e) refuse, or dispose of, material that does not, in the opinion of the
Board, justify collection and classification;
(f) offer rewards for information—
(i) of scientific or historical interest; or
(ii) leading to the conviction of a person for an offence against any
property of the Board or under the care or control of the Board;
(g) accept grants or obtain financial sponsorship from any person or
body;
(h) carry on advertising and promotional activities;
(i) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) at the Museum or
other premises of the Board;
(j) regulate and control admission to any venue for any events or
activities conducted or promoted by the Board;
(k) charge and collect fees for admission to exhibitions, events or
activities conducted on special occasions or for special purposes;
(l) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Board;
(m) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Board;
(n) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Board;
(o) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Board;
(p) restrict, control and make charges for the use of official
insignia;
(q) take out policies of insurance in its own right or on behalf of the
State;
(r) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in matters of scientific, educational or historical
significance;
(s) give or contribute towards prizes in competitions designed to
encourage activities of a scientific, cultural, historical or educational nature
within the State or make grants and give other assistance for such
purposes;
(t) enter into any partnership or joint venture arrangement;
(u) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(v) borrow money and obtain other forms of financial
accommodation;
(w) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Board must not, without the approval of the Treasurer,
exercise a power referred to in subsection (2)(u) or (v).
(4) The Board may exercise its powers within or outside of the
State.
Division 6—Staff
14—Staff
(1) The Board's staff consists of Public Service employees assigned to
assist the Board.
(2) The Board may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
Division 7—Financial matters and annual
reports
15—Annual budget
(1) The Board must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Board's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Board must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Board is not required to have the approval of the Minister with
respect to the expenditure of money received by the Board by way of a
testamentary or other gift.
16—Accounts and audit
(1) The Board must cause proper accounting records to be kept in relation
to the financial affairs of the Board, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the Board
and must audit the annual statements of account.
17—Annual report
(1) The Board must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the Museum for the
preceding financial year.
(2) The report must contain the audited statements of account of the Board
for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
Part 3—Authorised officers
18—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
19—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while at
the Museum or other premises of the Board, has committed, is committing or is
about to commit an offence against this or any other Act, the authorised officer
may do any 1 or more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave the Museum or those premises immediately
and not to return for a stated period (not exceeding 24 hours) or not to enter
the Museum or those premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from the Museum or those
premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used at the Museum or other premises of the Board in contravention of this Act;
and
(b) give such directions to persons at the Museum or other premises of the
Board that the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, at the Museum or those premises; or
(ii) the protection of property under the care or control of the Board;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from the Museum or other
premises of the Board a person who refuses or fails to comply with a requirement
or direction under this section; or
(ii) for the purposes of seizing goods under section 28;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to the Museum or
other premises of the Board includes a reference to a part of the Museum
or those premises.
20—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 4—Meteorites
21—Application of Part
This Part applies to a meteorite, being any naturally occurring object
other than a tektite, that has fallen from beyond the atmosphere to earth in
this State (whether before or after the commencement of this Part).
22—Property in meteorites vests in
Board
(1) The property in all meteorites to which this Part applies (other than
those submitted for registration by the Board before 14 August 1981
and duly registered) is vested in the Board.
(2) A person who acquires or disposes of a meteorite to which this Part
applies must, not later than 1 month after the acquisition or disposal,
notify the Board in writing of that fact.
Maximum penalty: $2 500.
(3) A court may, after convicting a person of an offence under
subsection (2) in relation to a meteorite, order that the meteorite be
forfeited to the Board.
(4) A person must not, without the authority of the Board—
(a) purport to sell a meteorite that is the property of the Board;
or
(b) have, in his or her possession, a meteorite that is the property of
the Board.
Maximum penalty: $2 500.
(5) It is a defence to a charge of an offence under subsection (4)(b)
for the defendant to prove that he or she was in possession of the meteorite for
the purpose of delivering it to the Board.
(6) This section does not derogate from any criminal liability to which a
person may otherwise be subject.
(7) In proceedings for an offence against this section, an allegation in a
complaint that a meteorite to which the proceedings relate was, on a date
specified in the complaint, the property of the Board will be taken to be proved
in the absence of proof to the contrary.
23—Duty to notify Board of newly found
meteorites
A person must, as soon as practicable after finding a meteorite to which
this Part applies, notify the Board of that fact and furnish the Board with any
other information that the Board may require.
Maximum penalty: $2 500.
24—Powers of authorised officers in relation to
meteorites
(1) An authorised officer—
(a) may enter any land for the purpose of searching for or examining a
meteorite; and
(b) may take such steps as are reasonable in the circumstances for
recovery of the meteorite.
(2) If an authorised officer intends to exercise powers under
subsection (1) in relation to private land, the authorised officer must
give reasonable notice of that intention to the owner or occupier of the
land.
Part 5—Official insignia
25—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 26); or
(b) a logo (declared under section 26); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
26—Official titles and logos
(1) South Australian Museum is declared to be an official
title.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Board may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Board to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Board or a
particular event or activity conducted or promoted by the Board.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
27—Unlawful use of official
insignia
(1) The Board has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Board, in the course of
a trade or business—
(a) use a name in which the Board has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Board, assume a name or
description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Board); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Board for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Board, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Board, order the convicted person to pay
compensation of an amount fixed by the court to the Board.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the Board apart from those subsections.
28—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Board,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 27(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Board in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 6—Miscellaneous
29—Gifts etc
(1) The Board may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Board or on any contract or instrument
executed by the Board for the purpose of disposing of any property.
30—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
31—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
32—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for the use, care and protection of the State collection and
other objects, works, collections or property under the care or control of the
Board; and
(b) provide for the admission, exclusion or expulsion of members of the
public to or from the Museum or other premises of the Board or a part of the
Museum or those premises; and
(c) prohibit disorderly or offensive behaviour at the Museum or other
premises of the Board; and
(d) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances at the Museum or other premises of the
Board or a part of the Museum or those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, at the Museum or other premises of the Board;
and
(ii) protecting property under the care or control of the Board;
and
(f) prohibit or regulate the driving, parking or standing of vehicles on
premises of the Board; and
(g) prescribe fees for the parking of vehicles on premises of the Board
and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in,
the Board of unclaimed property; and
(j) provide for the approval by the Board or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(k) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Board
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
11—Amendment of State Opera of South
Australia Act 1976
Section 4—delete the section and substitute:
2—Interpretation
(1) In this Act, unless the contrary intention appears—
authorised officer—see Part 4;
Board means the Board established as the governing authority
of the State Opera under section 7;
employing authority means the person designated by
proclamation as being the employing authority for the purposes of this
definition;
member means member of the Board;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 5;
premises of the State Opera means premises owned or occupied
by the State Opera;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager;
State Opera means the State Opera of South Australia
established under section 3.
(2) A proclamation made for the purposes of the definition of
employing authority—
(a) may apply by reference to a specified person, or by reference to the
person for the time being holding or acting in a specified office or position;
and
(b) may, from time to time as the Governor thinks fit, be varied or
substituted by a new proclamation.
Part 2—delete the Part and substitute:
Part 2—State Opera of South
Australia
Division 1—Establishment of State
Opera
3—Establishment of State Opera
(1) The State Opera of South Australia is established.
(2) The State Opera—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
Division 2—Functions and powers of State
Opera
4—Functions
The functions of the State Opera are—
(a) to present, produce, manage and conduct theatrical and operatic
performances of any kind as may in its opinion tend to promote the art of the
opera and related theatrical arts; and
(b) to promote the scoring and writing of operas and other theatrical
works for operatic or theatrical performance; and
(c) to promote public interest and participation in the art of the opera
and related theatrical arts; and
(d) to establish and conduct schools, courses, lectures, seminars and
discussions on the art of the opera and related theatrical arts; and
(e) to promote the training of persons concerned in the production,
presentation or performance of operatic or other related theatrical
presentations; and
(f) to carry out any other functions assigned to the State Opera under
this or any other Act or by the Minister.
5—Powers
(1) The State Opera has, in addition to any other powers conferred on it
under this or any other Act, all the powers of a natural person.
(2) The State Opera may, for example, do any 1 or more of the
following (subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with artists, actors, singers,
entertainers, performers, writers, composers, choreographers, designers,
directors and other persons in relation to any operatic or other related
theatrical activity, or employ such persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire or build any theatre or acquire and install any fittings or
equipment in any theatre;
(e) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of artistic, historical or cultural interest;
(f) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(g) assist financially or otherwise in the presentation, production,
management or conduct of any theatrical or operatic production in the
State;
(h) accept grants or obtain financial sponsorship from any person or
body;
(i) carry on advertising and promotional activities;
(j) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) at a theatre,
theatre complex or other premises of the State Opera;
(k) regulate and control admission to any venue for any events or
activities conducted or promoted by the State Opera, and charge and collect fees
for admission to any such venue;
(l) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the State Opera;
(m) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the State Opera;
(n) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the State Opera;
(o) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the State Opera;
(p) restrict, control and make charges for the use of official
insignia;
(q) take out policies of insurance in its own right or on behalf of the
State;
(r) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in operatic or related theatrical arts or the promotion of
opera or related theatrical arts;
(s) give or contribute towards prizes in competitions designed to
encourage artistic or cultural or performing arts activity within the State or
make grants and give other assistance for such purposes;
(t) enter into any partnership or joint venture arrangement;
(u) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(v) borrow money and obtain other forms of financial
accommodation;
(w) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the State Opera must not, without the approval of the
Treasurer, exercise a power referred to in subsection (2)(u)
or (v).
(4) The State Opera may exercise its powers within or outside of the
State.
6—Special power to acquire land
compulsorily
(1) The State Opera may, with the consent of the Minister, compulsorily
acquire land for the purposes of this Act.
(2) The Land Acquisition Act 1969 applies to the acquisition
of land under this section.
Part 3—Management of State
Opera
Division 1—Establishment of
Board
7—Establishment of Board
(1) There will be a Board to act as the governing authority of the State
Opera.
(2) The functions and powers of the State Opera may be performed and
exercised by the Board and decisions made by the Board are decisions of the
State Opera.
Division 2—Membership, proceedings,
etc
8—Composition of Board
(1) The Board will consist of not more than 8 members appointed by
the Governor, of whom—
(a) 1 will be selected from a panel of 3 persons nominated by the
Friends of State Opera of South Australia Incorporated; and
(b) the remainder will be nominated by the Minister.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members to be the presiding
member.
(4) The Governor may appoint a suitable person to be a deputy of a member
(being a person nominated by the body or person who nominated the member) and
the deputy may perform or exercise the functions and powers of the member in the
member's absence.
9—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Board's
affairs or the Board has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Board; or
(f) is absent without leave of the presiding member of the Board from
3 consecutive meetings of the Board; or
(g) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
10—Proceedings
(1) A quorum of the Board consists of half of the total number of its
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member at a meeting of the Board, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Board.
(4) Each member present at a meeting of the Board has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Board at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Board; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Board must meet at least 6 times in each year.
(8) The Board must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Board may determine its own
procedures.
(10) Subject to the directions of the Board and section 13, this
section applies to a committee of the Board in the same way as to the
Board.
11—Validity of acts
An act or proceeding of the Board or a committee of the Board is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
12—Ministerial control
(1) Subject to subsection (2), the Board is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) objects, works or collections held or promoted by the State Opera;
or
(ii) performances or other events or activities conducted or promoted by
the State Opera; or
(b) as to the manner in which the Board is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the Board makes or is required
to make to the Minister.
Division 3—Committees and
delegation
13—Committees
(1) The Board may establish such committees (including advisory committees
or subcommittees) as the Board thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Board and may, but need not, consist of, or include, members
of the Board.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
14—Delegation
(1) The Board may delegate a function or power of the Board under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Board containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 4—Conflict of interest under Public Sector
(Honesty and Accountability) Act
15—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
Division 5—Common seal and execution of
documents
16—Common seal and execution of
documents
(1) The common seal of the State Opera must not be affixed to a document
except in pursuance of a decision of the Board and the fixing of the seal must
be attested by the signatures of 2 members of the Board.
(2) The Board may, by instrument under the common seal of the State Opera,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the State Opera subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Board may authorise 2
or more persons to execute documents jointly on behalf of the State
Opera.
(4) A document is duly executed by the State Opera if—
(a) the common seal of the State Opera is affixed to the document in
accordance with this section; or
(b) the document is signed on behalf of the State Opera by a person or
persons in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the State Opera, it will be presumed, in the absence of proof to the contrary,
that the common seal of the State Opera was duly affixed to the
document.
Division 6—Financial matters and annual
reports
17—Annual budget
(1) The Board must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the State Opera's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Board must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Board is not required to have the approval of the Minister with
respect to the expenditure of money received by the State Opera by way of a
testamentary or other gift.
18—Accounts and audit
(1) The Board must cause proper accounting records to be kept in relation
to the financial affairs of the State Opera, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the State
Opera and must audit the annual statements of account.
19—Annual report
(1) The Board must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the State Opera for the
preceding financial year.
(2) The report must contain the audited statements of account of the State
Opera for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
87—Substitution
of heading to Part 3
Heading to Part 3—delete the heading and substitute:
Division 7—Staffing
arrangements
Section 22—delete the section
89—Substitution
of Parts 4 and 5
Parts 4 and 5—delete the Parts and substitute:
Part 4—Authorised officers
22—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
23—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while on
premises of the State Opera, has committed, is committing or is about to commit
an offence against this or any other Act, the authorised officer may do any 1 or
more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave those premises immediately and not to
return for a stated period (not exceeding 24 hours) or not to enter those
premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from those premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used on premises of the State Opera in contravention of this Act; and
(b) give such directions to persons on premises of the State Opera that
the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, on those premises; or
(ii) the protection of property under the care or control of the State
Opera; and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from premises of the State
Opera a person who refuses or fails to comply with a requirement or direction
under this section; or
(ii) for the purposes of seizing goods under section 28;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to premises of the
State Opera includes a reference to a part of those premises.
24—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 5—Official insignia
25—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 26); or
(b) a logo (declared under section 26); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
26—Official titles and logos
(1) State Opera of South Australia is declared to be an official
title.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the State Opera may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the State Opera to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the State Opera or a
particular event or activity conducted or promoted by the State Opera.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
27—Unlawful use of official
insignia
(1) The State Opera has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the State Opera, in the
course of a trade or business—
(a) use a name in which the State Opera has a proprietary interest under
this section for the purpose of promoting the sale of services or the provision
of any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the State Opera, assume a
name or description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the State Opera); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the State Opera for breach of a condition by notice
in writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the State Opera, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the State Opera, order the convicted person
to pay compensation of an amount fixed by the court to the State
Opera.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the State Opera apart from those subsections.
28—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the State Opera,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 27(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the State Opera in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 6—Miscellaneous
29—Gifts etc
(1) The State Opera may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the State Opera or on any contract or
instrument executed by the State Opera for the purpose of disposing of any
property.
30—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
31—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
32—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for matters relating to subscribers to the State Opera
including—
(i) the manner in which a person may become, and the conditions under
which he or she may remain, a subscriber; and
(ii) subscription or other fees to be paid by subscribers; and
(iii) rights and obligations of subscribers; and
(b) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the State Opera;
and
(c) provide for the admission, exclusion or expulsion of members of the
public to or from premises of the State Opera or a part of those premises;
and
(d) prohibit disorderly or offensive behaviour on premises of the State
Opera; and
(e) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances on premises of the State Opera or a part
of those premises; and
(f) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, on premises of the State Opera; and
(ii) protecting property under the care or control of the State Opera;
and
(g) prohibit or regulate the driving, parking or standing of vehicles on
premises of the State Opera; and
(h) prescribe fees for the parking of vehicles on premises of the State
Opera and provide for their payment and recovery; and
(i) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(j) provide for the management (including disposal) by, and vesting in,
the State Opera of unclaimed property; and
(k) provide for the approval by the Board or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(l) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Board
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part
12—Amendment of State Theatre Company of
South Australia Act 1972
Section 4—delete the section and substitute:
2—Interpretation
(1) In this Act, unless the contrary intention appears—
authorised officer—see Part 4;
Board means the Board established as the governing authority
of the Company under section 6;
Company means the State Theatre Company of South
Australia established under section 3;
employing authority means the person designated by
proclamation as being the employing authority for the purposes of this
definition;
member means member of the Board;
occupy, in relation to premises, means have, or be entitled
to, possession or control of the premises;
official insignia—see Part 5;
premises of the Company means premises owned or occupied by
the Company;
promote, in relation to an event or activity, includes
organise, commission, fund, support, market, advertise or act as project
manager.
(2) A proclamation made for the purposes of the definition of
employing authority—
(a) may apply by reference to a specified person, or by reference to the
person for the time being holding or acting in a specified office or position;
and
(b) may, from time to time as the Governor thinks fit, be varied or
substituted by a new proclamation.
Part 2—delete the Part and substitute:
Part 2—State Theatre Company of South
Australia
Division 1—Establishment of
Company
3—Establishment of Company
(1) The State Theatre Company of South Australia is
established.
(2) The Company—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and
(e) has the functions and powers assigned or conferred under this or any
other Act.
Division 2—Functions and powers of
Company
4—Functions
The functions of the Company are—
(a) to present, produce, manage and conduct theatrical performances,
operas, plays, dramas, ballets and entertainments of any kind as may in its
opinion tend to promote the art of theatre; and
(b) to promote the writing of plays or dramas, the scoring and writing of
operas, the scoring, writing and choreography of ballets and other works for
theatrical performance; and
(c) to promote public interest and participation in the art of the
theatre; and
(d) to establish and maintain a collection of objects of public interest
relating to the past and present practice of the performing arts in this State;
and
(e) to establish and conduct schools, courses, lectures, seminars and
discussions on the art of the theatre; and
(f) to promote the training of persons concerned in the production,
presentation or performance of theatrical presentations; and
(g) to carry out any other functions assigned to the Company under this or
any other Act or by the Minister.
5—Powers
(1) The Company has, in addition to any other powers conferred on it under
this or any other Act, all the powers of a natural person.
(2) The Company may, for example, do any 1 or more of the following
(subject to this Act):
(a) engage agents, consultants or other contractors;
(b) enter into contracts or agreements with artists, actors, entertainers,
performers, writers, composers, choreographers, designers, directors and other
persons in relation to any theatrical presentation, or employ such
persons;
(c) enter into other contracts, agreements or arrangements;
(d) acquire and install any fittings or equipment in any
theatre;
(e) acquire, hold, take on hire, lend, exchange or dispose of objects,
works or collections of artistic, historical or cultural interest;
(f) acquire, hold, deal with or dispose of—
(i) licences; or
(ii) intellectual property (including patents and copyright); or
(iii) any other property (whether real or personal); or
(iv) any interest in such property;
(g) assist financially or otherwise in the presentation, production,
management or conduct of any art of the theatre in the State;
(h) accept grants or obtain financial sponsorship from any person or
body;
(i) carry on advertising and promotional activities;
(j) conduct events and establish, operate, manage or make available venues
and other facilities (including facilities for food and liquor) at a theatre,
theatre complex or other premises of the Company;
(k) regulate and control admission to any venue for any events or
activities conducted or promoted by the Company, and charge and collect fees for
admission to any such venue;
(l) grant for fee or other consideration advertising or sponsorship rights
or other rights, licences or concessions in connection with events or activities
conducted or promoted by the Company;
(m) publish or produce books, programs, brochures, films, souvenirs and
other information or things relating to events or activities conducted or
promoted by the Company;
(n) sell or supply food and drink (including liquor), books, programs,
brochures, films, souvenirs and other things in connection with events or
activities conducted or promoted by the Company;
(o) grant or dispose of rights to televise, broadcast or record any events
or activities conducted or promoted by the Company;
(p) restrict, control and make charges for the use of official
insignia;
(q) take out policies of insurance in its own right or on behalf of the
State;
(r) participate (whether as a member or otherwise) in, or otherwise be
involved in the activities of, national or international organisations or
associations involved in the performing arts or the promotion of the performing
arts;
(s) give or contribute towards prizes in competitions designed to
encourage artistic or cultural or performing arts activity within the State or
make grants and give other assistance for such purposes;
(t) enter into any partnership or joint venture arrangement;
(u) form, or acquire, hold, deal with and dispose of shares or other
interests in, or securities issued by, bodies corporate, whether within or
outside of the State;
(v) borrow money and obtain other forms of financial
accommodation;
(w) act as trustee on behalf of another person in connection with the
performance of its functions under this Act.
(3) However, the Company must not, without the approval of the Treasurer,
exercise a power referred to in subsection (2)(u) or (v).
(4) The Company may exercise its powers within or outside of the
State.
Part 3—Management of Company
Division 1—Management of
Company
6—Establishment of Board
(1) There will be a Board to act as the governing authority of the
Company.
(2) The functions and powers of the Company may be performed and exercised
by the Board and decisions made by the Board are decisions of the
Company.
Division 2—Membership, proceedings
etc
7—Composition of Board
(1) The Board will consist of not more than 8 members appointed by
the Governor.
(2) At least 2 members must be women and at least 2 must be
men.
(3) The Governor will appoint 1 of the members to be the presiding
member.
(4) The Governor may appoint a suitable person to be a deputy of a member
and the deputy may perform or exercise the functions and powers of the member in
the member's absence.
8—Conditions of membership
(1) A member will be appointed for a term not exceeding 3 years and
on conditions determined by the Governor and specified in the instrument of
appointment.
(2) A member will, at the expiration of a term of appointment, be eligible
for reappointment (subject to the qualification that a person cannot serve as a
member for more than 9 consecutive years).
(3) The Governor may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) for contravention of a condition of his or her appointment;
or
(d) if serious irregularities have occurred in the conduct of the Board's
affairs or the Board has failed to carry out its functions satisfactorily and
its membership should, in the opinion of the Governor, be reconstituted for that
reason.
(4) The office of a member becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) is absent without leave of the presiding member of the Board from
3 consecutive meetings of the Board; or
(f) is removed from office under subsection (3).
(5) On the office of a member becoming vacant, a person may be appointed
in accordance with this Division to the vacant office.
(6) A member is entitled to fees, allowances and expenses determined by
the Governor.
9—Proceedings
(1) A quorum of the Board consists of half of the total number of its
members (ignoring any fraction resulting from the division)
plus 1.
(2) In the absence of the presiding member at a meeting of the Board, a
member chosen by the members present at the meeting will preside.
(3) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Board.
(4) Each member present at a meeting of the Board has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(5) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Board at
which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Board; and
(b) a majority of the members expresses concurrence in the proposed
resolution by letter, fax or other written communication setting out the terms
of the resolution.
(7) The Board must meet at least 6 times in each year.
(8) The Board must have accurate minutes kept of its
proceedings.
(9) Subject to this Act, the Board may determine its own
procedures.
(10) Subject to the directions of the Board and section 12, this
section applies to a committee of the Board in the same way as to the
Board.
10—Validity of acts
An act or proceeding of the Board or a committee of the Board is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
11—Ministerial control
(1) Subject to subsection (2), the Board is subject to the general
control and direction of the Minister.
(2) No Ministerial direction can be given—
(a) as to the artistic nature or content of—
(i) objects, works or collections held or promoted by the Company;
or
(ii) performances or other events or activities conducted or promoted by
the Company; or
(b) as to the manner in which the Board is to deal with a testamentary or
other gift; or
(c) as to any advice or recommendation that the Board makes or is required
to make to the Minister.
Division 3—Committees and
delegation
12—Committees
(1) The Board may establish such committees (including advisory committees
or subcommittees) as the Board thinks fit.
(2) The membership and conditions of membership of a committee will be
determined by the Board and may, but need not, consist of, or include, members
of the Board.
(3) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
13—Delegation
(1) The Board may delegate a function or power of the Board under this Act
(other than this power of delegation) to any person or committee or other body
(including a person for the time being performing particular duties or holding
or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A delegate must not act pursuant to the delegation in any matter in
which the delegate has a direct or indirect pecuniary or personal
interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
(6) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Board containing particulars of a delegation under this section,
will, in the absence of proof to the contrary, be accepted as proof that the
delegation was made in accordance with the particulars.
Division 4—Conflict of interest under Public Sector
(Honesty and Accountability) Act
14—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
Division 5—Common seal and execution of
documents
15—Common seal and execution of
documents
(1) The common seal of the Company must not be affixed to a document
except in pursuance of a decision of the Board and the fixing of the seal must
be attested by the signatures of 2 members of the Board.
(2) The Board may, by instrument under the common seal of the Company,
authorise a person or persons (whether nominated by name or by office or title)
to execute documents on behalf of the Board subject to conditions and
limitations (if any) specified in the instrument of authority.
(3) Without limiting subsection (2), the Board may authorise 2
or more persons to execute documents jointly on behalf of the Company.
(4) A document is duly executed by the Company if—
(a) the common seal of the Company is affixed to the document in
accordance with this section; or
(b) the document is signed on behalf of the Company by a person or persons
in accordance with authority conferred under this section.
(5) If an apparently genuine document purports to bear the common seal of
the Company, it will be presumed, in the absence of proof to the contrary, that
the common seal of the Company was duly affixed to the document.
Division 6—Financial matters and annual
reports
16—Annual budget
(1) The Board must, from time to time, prepare and submit to the Minister
a budget for the next financial year or for some other period determined by the
Minister.
(2) The budget must set out estimates of the Company's receipts and
expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to
its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or
without modification.
(5) Subject to subsection (6), the Board must not, without the
consent of the Minister, make an expenditure that is not provided for by a
budget that has been approved by the Minister under this section.
(6) The Board is not required to have the approval of the Minister with
respect to the expenditure of money received by the Company by way of a
testamentary or other gift.
17—Accounts and audit
(1) The Board must cause proper accounting records to be kept in relation
to the financial affairs of the Company, and must have annual statements of
account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply
with—
(a) any instructions of the Treasurer under section 41 of the
Public Finance and Audit Act 1987; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the Company
and must audit the annual statements of account.
18—Annual report
(1) The Board must, on or before 30 September in every year, forward
to the Minister a report on the work and operations of the Company for the
preceding financial year.
(2) The report must contain the audited statements of account of the
Company for the preceding financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
92—Substitution
of heading to Part 3
Heading to Part 3—delete the heading and substitute:
Division 7—Staffing
arrangements
Section 22—delete the section
Parts 5 and 6—delete the Parts and substitute:
Part 4—Authorised officers
22—Appointment of authorised
officers
(1) The Minister may appoint persons to be authorised officers for the
purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this
Act.
(3) An appointment under subsection (1) may be made subject to
conditions or limitations specified in the instrument of appointment (and the
exercise by an authorised officer of powers conferred under this Act is subject
to the conditions and limitations (if any) specified in his or her instrument of
appointment).
(4) An authorised officer other than a police officer must be issued with
an identity card—
(a) containing the person’s name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) stating any conditions or limitations on the authorised
officer’s authority.
(5) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for inspection by the person—
(a) in the case of an authorised officer appointed under
subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is
not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person
under this section ceases to be an authorised officer, the person must
immediately return the identity card to the Minister.
Maximum penalty: $250.
23—Powers of authorised
officers
(1) If an authorised officer reasonably suspects that a person, while on
premises of the Company, has committed, is committing or is about to commit an
offence against this or any other Act, the authorised officer may do any 1 or
more of the following:
(a) require the person to state his or her full name and usual place of
residence;
(b) if the authorised officer suspects on reasonable grounds that the name
or place of residence stated is false—require the person to produce
evidence of his or her full name or usual place of residence;
(c) require the person to leave those premises immediately and not to
return for a stated period (not exceeding 24 hours) or not to enter those
premises;
(d) if the person refuses or fails to comply with a requirement under
paragraph (c)—use such force as is reasonably necessary for the
purpose of removing or excluding the person from those premises;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the
authorised officer reasonably suspects has been, is being, or is about to be,
used on premises of the Company in contravention of this Act; and
(b) give such directions to persons on premises of the Company that the
authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with
events or other activities, or the safe and efficient regulation of vehicular or
pedestrian traffic, on those premises; or
(ii) the protection of property under the care or control of the Company;
and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from premises of the Company
a person who refuses or fails to comply with a requirement or direction under
this section; or
(ii) for the purposes of seizing goods under section 28;
and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(4) For the purposes of this section, a reference to premises of the
Company includes a reference to a part of those premises.
24—Hindering etc authorised
officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer;
or
(b) fails to answer a question put by an authorised officer to the best of
his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false
or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised
officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document
as required under this Act if to do so might tend to incriminate the person or
make the person liable to a penalty.
Part 5—Official insignia
25—Interpretation
(1) In this Part—
official insignia means—
(a) an official title (declared under section 26); or
(b) a logo (declared under section 26); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with
official insignia if the insignia is affixed or annexed to, marked on, or
incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly
enclosed; or
(c) anything placed in or attached to any such covering or container;
or
(d) anything that is attached to the goods or around which the goods are
wrapped or wound.
26—Official titles and logos
(1) The following are declared to be official titles:
(a) State Theatre Company of South Australia;
(b) State Theatre Company SA.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the Company may conduct its
operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or
promoted by the Company to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in
the Crown in right of the State) to be a logo in respect of the Company or a
particular event or activity conducted or promoted by the Company.
(3) However, the Minister must not make a declaration under
subsection (2) in relation to a name or title that is registered or
otherwise protected under another Act unless the Minister is acting with the
consent or agreement of the person who has the benefit of the registration or
protection.
(4) An official title declared under this section is not required to be
registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice
under this section.
27—Unlawful use of official
insignia
(1) The Company has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the Company, in the course
of a trade or business—
(a) use a name in which the Company has a proprietary interest under this
section for the purpose of promoting the sale of services or the provision of
any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the Company, assume a name
or description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the Company); and
(b) may be given generally by notice in the Gazette or by notice in
writing addressed to an applicant for the consent; and
(c) may be revoked by the Company for breach of a condition by notice in
writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme Court may, on the application of the Company, grant an
injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this
section may, on the application of the Company, order the convicted person to
pay compensation of an amount fixed by the court to the Company.
(7) Subsections (5) and (6) do not derogate from any civil remedy
that may be available to the Company apart from those subsections.
28—Seizure etc of goods marked with official
insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with
official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of
the insignia has not been authorised by the Company,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against
section 27(2) in relation to the goods within 3 months of their
seizure; or
(b) after proceedings have been instituted and completed, the defendant is
not convicted,
the person from whom they were seized is entitled to
recover—
(c) the goods or, if they have been destroyed, compensation equal to the
market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the
goods.
(3) An action for the payment of compensation under subsection (2)
may be brought against the Company in any court of competent
jurisdiction.
(4) The court by which a person is convicted of an offence against this
Act may order that goods to which the offence relates be forfeited to the
Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as
the Minister may direct and, if sold, the proceeds of the sale paid into the
Consolidated Account.
Part 6—Miscellaneous
29—Gifts etc
(1) The Company may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an
instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land;
and
(c) gifts of personal property of any kind to be used or applied by it for
the purposes of this Act.
(2) Despite the Stamp Duties Act 1923, no stamp duty is
payable on any instrument by which land or any interest in or right over land is
granted or assured to or vested in the Company or on any contract or instrument
executed by the Company for the purpose of disposing of any property.
30—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to any person (including a person
for the time being performing particular duties or holding or acting in a
specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly
signed by the Minister containing particulars of a delegation under this
section, will, in the absence of proof to the contrary, be accepted as proof
that the delegation was made in accordance with the particulars.
31—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may
be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the
Treasurer at any time.
32—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) provide for matters relating to subscribers to the Company
including—
(i) the manner in which a person may become, and the conditions under
which he or she may remain, a subscriber; and
(ii) subscription or other fees to be paid by subscribers; and
(iii) rights and obligations of subscribers; and
(b) provide for the use, care and protection of objects, works,
collections or any other property under the care or control of the Company;
and
(c) provide for the admission, exclusion or expulsion of members of the
public to or from premises of the Company or a part of those premises;
and
(d) prohibit disorderly or offensive behaviour on premises of the Company;
and
(e) prohibit or regulate eating, drinking (including liquor), smoking or
the consumption of unlawful substances on premises of the Company or a part of
those premises; and
(f) prohibit or regulate any other conduct or activities for the purposes
of—
(i) maintaining good order, and preventing interference with events or
activities conducted, on premises of the Company; and
(ii) protecting property under the care or control of the Company;
and
(g) prohibit or regulate the driving, parking or standing of vehicles on
premises of the Company; and
(h) prescribe fees for the parking of vehicles on premises of the Company
and provide for their payment and recovery; and
(i) provide that the owner and driver of a vehicle driven, parked or left
standing in contravention of the regulations are each guilty of an offence and
provide or exclude defences in relation to any such offence; and
(j) provide for the management (including disposal) by, and vesting in,
the Company of unclaimed property; and
(k) provide for the approval by the Board or an authorised officer of any
act or activity that would otherwise be prohibited under the regulations;
and
(l) prescribe penalties not exceeding $1 250 for breach of any
regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Board
or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Schedule
1—Statute law revision amendments and transitional
provisions
Part 1—Preliminary
1—Amendment of
Acts specified in Schedule 1
(1) The Acts specified in this Schedule are amended in the manner
indicated.
(2) If an Act sought to be amended by this Schedule is, before the
commencement of the relevant part of the Schedule, amended in a manner that
renders an amendment contained in the Schedule ineffective, that amendment will
be taken to have been struck out from the Schedule.
Part 2—Statute law revision amendment of
Adelaide Festival Centre Trust Act 1971
Provision amended |
How amended |
---|---|
Long title |
Delete the long title and substitute: An Act to establish the Adelaide Festival Centre Trust, to define its
functions and powers, to provide for the Adelaide Festival Centre and its
management and operation; and for other purposes. |
Part 3—Statute law revision amendment of
Adelaide Festival Corporation Act 1998
Provision amended |
How amended |
---|---|
Section 4(2) and (3) |
Delete subsections (2) and (3) and substitute: (2) The Corporation— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) is an instrumentality of the Crown and holds property on behalf of the
Crown; and (e) has the functions and powers assigned or conferred under this or any
other Act. |
Part 4—Statute law revision amendment of
Libraries Act 1982
Provision amended |
How amended |
---|---|
Section 6 |
Delete the section |
Section 21(2) |
Delete "shall be" and substitute: is to be |
Section 36(2) |
Delete "upon" and substitute: on |
Part 5—Statute law revision amendment of South
Australian Country Arts Trust Act 1992
Provision amended |
How amended |
---|---|
Section 4(2) to (4) (inclusive) |
Delete subsections (2) to (4) and substitute: (2) The Trust— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) is an instrumentality of the Crown and holds its property on behalf of
the Crown; and (e) has the functions and powers assigned or conferred under this or any
other Act. |
Part 6—Statute law revision amendment of South
Australian Film Corporation Act 1972
Provision amended |
How amended |
---|---|
Section 25 |
Delete "Where" and substitute: If |
Section 25 |
After "his" wherever occurring insert in each case: or her |
Section 25 |
Delete "shall" and substitute: must |
Section 27(1) |
Delete "he may state therein" and substitute: the Governor thinks fit |
Section 27(3) |
Delete "Upon" and substitute: On |
Section 27(3) |
Delete "a department, instrumentality or agency of the Government" and
substitute: an administrative unit of the Public Service or any other public sector
agency (within the meaning of the Public Sector Act 2009) |
Section 27(3) |
Delete "shall" and substitute: must |
Section 28 |
Delete "shall" and substitute: must |
Section 28 |
Delete "a department, instrumentality or agency of the Government" and
substitute: an administrative unit of the Public Service or other public sector agency
(within the meaning of the Public Sector Act 2009) |
Section 29 |
Delete the section and substitute: 29—Temporary road closures etc The Commissioner of Police— (a) may, on application by the Corporation and with the approval of the
relevant council; or (b) must, on the direction of the Minister (on application to the Minister
by the Corporation or any other person and after consultation with the relevant
council), temporarily close a road or part of a road, or cause such directions to be
given as are necessary to control the movement of pedestrians and vehicular
traffic on a road or part of a road, during the making of a film being produced
by or on behalf of the Corporation or the other person (as the case may
be). |
Part 7—Statute law revision amendment of State
Opera of South Australia Act 1976
Provision amended |
How amended |
---|---|
Long title |
Delete the long title and substitute: An Act to establish the State Opera of South Australia and a Board, to
define its functions and powers; and for other purposes. |
Part 8—Statute law revision amendment of State
Theatre Company of South Australia Act 1972
Provision amended |
How amended |
---|---|
Long title |
Delete the long title and substitute: An Act to establish the State Theatre Company of South Australia and a
Board, to define its functions and powers; and for other purposes. |
Part 9—Transitional provisions
Division 1—Membership of Boards
etc
2—Membership of
Adelaide Festival Centre Trust
(1) In this clause—
principal Act means the Adelaide Festival Centre Trust
Act 1971.
(2) A trustee of the Adelaide Festival Centre Trust (within the meaning of
the principal Act) holding office immediately before the commencement of this
clause will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 2
of this Act had been in force when he or she was appointed or last re-appointed
a trustee of the Trust and that appointment had been made under the principal
Act as so amended.
(3) A person continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more of the provisions of section 6 of the principal Act as
amended by Part 2 of this Act (relating to the composition of the Trust) may not
be complied with; and
(b) section 7(2) of the principal Act as amended by Part 2 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
3—Membership of
board under Adelaide Festival Corporation
Act 1998
(1) In this clause—
principal Act means the Adelaide Festival Corporation
Act 1998.
(2) A member of the board (within the meaning of the principal Act)
holding office immediately before the commencement of this clause, will, on that
commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 3
of this Act had been in force when he or she was appointed or last re-appointed
a member of the board and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office, 1 or more of the provisions of section 8 of the principal Act
as amended by Part 3 of this Act (relating to the composition of the board) may
not be complied with, and, in that case, those provisions will not apply for
that duration.
4—Membership of
Art Gallery Board
(1) In this clause—
principal Act means the Art Gallery
Act 1939.
(2) A member of the Art Gallery Board (within the meaning of the principal
Act) holding office immediately before the commencement of this clause, will, on
that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 4
of this Act had been in force when he or she was appointed or last re-appointed
a member of the board and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more of the provisions of section 5 of the principal Act as
amended by Part 4 of this Act (relating to the composition of the board) may not
be complied with; and
(b) section 6(2) of the principal Act as amended by Part 4 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
5—Membership of
Carrick Hill Trust
(1) In this clause—
principal Act means the Carrick Hill Trust
Act 1985.
(2) A member of the Carrick Hill Trust (within the meaning of the
principal Act) holding office immediately before the commencement of this
clause, will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 5
of this Act had been in force when he or she was appointed or last re-appointed
a member of the Trust and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more of the provisions of section 5 of the principal Act as
amended by Part 5 of this Act (relating to the composition of the Trust) may not
be complied with; and
(b) section 6(2) of the principal Act as amended by Part 5 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
6—Membership of
History Trust of South Australia
(1) In this clause—
principal Act means the History Trust of South Australia
Act 1981.
(2) A member of the History Trust of South Australia (within the meaning
of the principal Act) holding office immediately before the commencement of this
clause, will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 6
of this Act had been in force when he or she was appointed or last re-appointed
a member of the Trust and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office, 1 or more provisions of section 5 of the principal Act as
amended by Part 6 of this Act (relating to the composition of the Trust) may not
be complied with and, in that case, those provisions will not apply for that
duration.
7—Membership of
Libraries Board of South Australia
(1) In this clause—
principal Act means the Libraries
Act 1982.
(2) A member of the Libraries Board of South Australia (within the meaning
of the principal Act) holding office immediately before the commencement of this
clause, will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 7
of this Act had been in force when he or she was appointed or last re-appointed
a member of the Board and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more provisions of section 9 of the principal Act as amended
by Part 7 of this Act (relating to the composition of the Board) may not be
complied with; and
(b) section 10(1) of the principal Act as amended by Part 7 of this Act
(prohibiting a person from being appointed for a term exceeding 3 years)
may not be complied with; and
(c) section 10(2) of the principal Act as amended by Part 7 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
8—Membership of
South Australian Country Arts Trust
(1) In this clause—
principal Act means the South Australian Country Arts
Trust Act 1992.
(2) A trustee of the South Australian Country Arts Trust (within the
meaning of the principal Act) holding office immediately before the commencement
of this clause, will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 8
of this Act had been in force when he or she was appointed or last re-appointed
a trustee of the Trust and that appointment had been made under the principal
Act as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office, 1 or more provisions of section 5 of the principal Act as
amended by Part 8 of this Act (relating to the composition of the Trust) may not
be complied with and, in that case, those provisions will not apply for that
duration.
9—Membership of
South Australian Film Corporation
(1) In this clause—
principal Act means the South Australian Film Corporation
Act 1972.
(2) A member of the South Australian Film Corporation (within the meaning
of the principal Act) holding office immediately before the commencement of this
clause, will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal as amended by Part 9 of
this Act had been in force when he or she was appointed or last re-appointed a
member of the Corporation and that appointment had been made under the principal
Act as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more provisions of section 6 of the principal Act as amended
by Part 9 of this Act (relating to the composition of the Corporation) may not
be complied with; and
(b) section 7(1) of the principal Act as amended by Part 9 of this Act
(prohibiting a person from being appointed for a term exceeding 3 years)
may not be complied with; and
(c) section 7(2) of the principal Act as amended by Part 9 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
(1) In this clause—
principal Act means the South Australian Museum
Act 1976.
(2) A member of the Museum Board (within the meaning of the principal Act)
holding office immediately before the commencement of this clause, will, on that
commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 10
of this Act had been in force when he or she was appointed or last re-appointed
a member of the Board and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more of the provisions of section 4 of the principal Act as
amended by Part 10 of this Act (relating to the composition of the Board) may
not be complied with; and
(b) section 5(2) of the principal Act as amended by Part 10 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
11—Membership of
Board of Management under State Opera of South
Australia Act 1976
(1) In this clause—
principal Act means the State Opera of South Australia
Act 1976.
(2) A member of the Board of Management (within the meaning of the
principal Act) holding office immediately before the commencement of this
clause, will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 11
of this Act had been in force when he or she was appointed or last re-appointed
a member of the Board and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more provisions of section 8 of the principal Act as amended
by Part 11 of this Act (relating to the composition of the Board) may not be
complied with; and
(b) section 9(1) of the principal Act as amended by Part 11 of this Act
(prohibiting a person from being appointed for a term exceeding 3 years)
may not be complied with; and
(c) section 9(2) of the principal Act as amended by Part 11 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
12—Membership of
Board of Governors under State Theatre Company
of South Australia Act 1972
(1) In this clause—
principal Act means the State Theatre Company of South
Australia Act 1972.
(2) A member of the Board of Governors (within the meaning of the
principal Act) holding office immediately before the commencement of this
clause, will, on that commencement, continue in office—
(a) for the balance of that term of office; and
(b) on such other conditions as if the principal Act as amended by Part 12
of this Act had been in force when he or she was appointed or last re-appointed
a member of the Board and that appointment had been made under the principal Act
as so amended.
(3) A member continues in office by virtue of subclause (2) despite
the fact that, for some or all of the duration of the balance of that term of
office—
(a) 1 or more provisions of section 7 of the principal Act as amended
by Part 12 of this Act (relating to the composition of the Board) may not be
complied with; and
(b) section 8(1) of the principal Act as amended by Part 12 of this Act
(prohibiting a person from being appointed for a term exceeding 3 years)
may not be complied with; and
(c) section 8(2) of the principal Act as amended by Part 12 of this Act
(prohibiting a person from serving as a member for more than 9 consecutive
years) may not be complied with,
and, in that case, those provisions will not apply for that
duration.
Division 2—Names, titles and logos declared under
Adelaide Festival Corporation Act 1998
13—Names, titles
and logos declared under Adelaide Festival
Corporation Act 1998
(1) A name declared by the Minister by notice in the Gazette under
section 22 of the Adelaide Festival Corporation Act 1998 and in
force immediately before the commencement of Part 3 section 28 of this Act
will, on that commencement, be taken to be an official title declared under
section 22 of the Act as amended by Part 3 section 28 of this
Act.
(2) A name or title declared by the Minister by notice in the Gazette
under section 23 of the Adelaide Festival Corporation Act 1998
and in force immediately before the commencement of Part 3 section 28 of
this Act will, on that commencement, be taken to be an official title declared
under section 22 of the Act as amended by Part 3 section 28 of this
Act.
(3) A logo declared by the Minister by notice in the Gazette under
section 23 of the Adelaide Festival Corporation Act 1998 and in
force immediately before the commencement of Part 3 section 28 of this Act
will, on that commencement, be taken to be a logo declared under section 22
of the Act as amended by Part 3 section 28 of this Act.
Division 3—Authorised officers and authorised
persons
14—Authorised
persons under Adelaide Festival Centre Trust
Regulations 2007
A person appointed and holding office as an authorised person under the
Adelaide Festival Centre Trust Regulations 2007 immediately before
the commencement of this Division will be taken to be an authorised officer
appointed under Part 4 of the Adelaide Festival Centre Trust
Act 1971 as inserted by Part 2 of this Act and subject to the same
conditions and limitations (if any).
15—Authorised
officers under Art Gallery
Regulations 2002
A person appointed and holding office as an authorised officer under the
Art Gallery Regulations 2002 immediately before the commencement of
this Division will be taken to be an authorised officer appointed under
Part 3 of the Art Gallery Act 1939 as inserted by Part 4 of
this Act and subject to the same conditions and limitations (if any).
16—Authorised
persons under Carrick Hill Trust
Regulations 1999
A person appointed and holding office as an authorised person under the
Carrick Hill Trust Regulations 1999 immediately before the
commencement of this Division will be taken to be an authorised officer
appointed under Part 3 of the Carrick Hill Trust Act 1985 as
inserted by Part 5 of this Act and subject to the same conditions and
limitations (if any).
17—Authorised
officers under History Trust of South Australia
Regulations 1995
A person appointed and holding office as an authorised officer under the
History Trust of South Australia Regulations 1995 immediately before
the commencement of this Division will be taken to be an authorised officer
appointed under Part 3 of the History Trust of South Australia
Act 1981 as inserted by Part 6 of this Act and subject to the same
conditions and limitations (if any).
18—Authorised
persons under Libraries
Regulations 1998
A person appointed and holding office as an authorised person under the
Libraries Regulations 1998 immediately before the commencement of
this Division will be taken to be an authorised officer appointed under
Part 3 of the Libraries Act 1982 as inserted by Part 7 of this
Act and subject to the same conditions and limitations (if any).
19—Authorised
officers under South Australian Museum
Regulations 2004
A person appointed and holding office as an authorised officer under the
South Australian Museum Regulations 2004 immediately before the
commencement of this Division will be taken to be an authorised officer
appointed under Part 3 of the South Australian Museum Act 1976
as inserted by Part 10 of this Act and subject to the same conditions and
limitations (if any).