Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
Brand Tasmania Bill 2018
Clause 1: Short title
This clause sets out the Short Title.
Clause 2: Commencement
This clause provides the Bill to commence on a day or days to be proclaimed.
Clause 3: Interpretation
This clause defines certain terms for the purposes of the Bill.
Clause 4: Act binds Crown
This clause ensures the Bill binds the Crown.
Clause 5: Relationship of Act to Tourism Tasmania Act 1996
This clause clarifies that this Act does not affect Tourism Tasmania performing or exercising
any of its functions or powers under the Tourism Tasmania Act 1996.
Clause 6: Establishment of Brand Tasmania
This clause establishes Brand Tasmania.
Clause 7: Objectives of Authority
This clause establishes the objectives of the Authority. The objectives of the Authority are to
ensure:
• that a Tasmanian Brand, which differentiates and enhances Tasmania’s appeal and
national and international competitiveness, is developed, maintained, protected and
promoted;
• that Tasmania’s image and reputation, locally, nationally and internationally, are
strengthened; and
• the Tasmanian Brand is nurtured, enhanced and promoted as a key asset of the
Tasmanian community.
Clause 8: Functions of Authority
This clause specifies the Authority’s functions which are listed in 8(1)(a) to (h) inclusive. In the
performance of its functions, the Authority is to have constant regard to the Authority’s
objectives under this Act and act in a way that best meets and advances those objectives. A
key role of the Authority is to manage and develop a Tasmanian Brand that is of relevance to,
and is representative of, Tasmania and Tasmanians. The Tasmanian Brand also differentiates
and enhances Tasmania’s appeal and competitiveness locally, nationally and internationally and
continually evolves and is kept current. The Authority will promote the Tasmanian Brand by
creating, coordinating, managing, developing and supporting promotional and marketing
activities that:
• strengthen Tasmania’s image and reputation;
• enhance the attractiveness of Tasmania as a place in which to live, work, study, visit,
invest or trade; and
• maximise the profile, and the competitive position, of Tasmanian goods, services,
experiences and products in local, national and international markets.
As the ‘custodian’ of the Tasmanian Brand, the Authority is responsible for managing risks to
the reputation of the Tasmanian Brand, including the early identification of risk and the
development of mitigation or contingency plans in relation to that risk. The Authority will also
facilitate the collaboration between the government, non-government, business and
community sectors in Tasmania in relation to matters relevant to the Authority’s functions.
Other functions of the Authority include:
• undertaking, supporting, and interpreting research and other insights into matters
relevant to the Authority’s functions;
• providing advice and support to the Minister in relation to the Authority’s functions;
• performing any other functions that the Authority may be given by this or any other
Act; and
• performing any other functions that may be prescribed.
Clause 9: Powers of Authority
This clause specifies the powers of the Authority. In the exercise of its powers, the Authority
is to have constant regard to the Authority’s objectives and functions and is to act in a way
that best meets and advances those objectives and functions.
Clause 10: Board
This clause establishes the Board of the Authority. This clause also specifies that the
membership of the Board is to comprise at least nine but not more than 11 members, who
are to be appointed by the Governor on the recommendation of the Minister. Three of the
Board members are to be State Service Officers, including the Secretary of the Department
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of Premier and Cabinet (or their delegate), and one is to be an officer employed by Tourism
Tasmania. In making recommendations for appointment, the Minister is to ensure that the
Board consists of persons, that together have the expertise, qualifications or experience in, or
expert knowledge of, the matters set out in 10(3)(a) to (h) inclusive.
Clause 11: Responsibilities and powers of Board
This clause sets out the responsibilities and powers of the Board. Primarily the Board is
responsible to the Minister for the performance and exercise of the Authority’s functions and
powers, and the achievement of the Authority’s objectives.
Clause 12: Delegation
This clause provides the Board with the power to delegate any of the Authority’s functions
and powers (other than the power of delegation). Functions and powers can be delegated to
a member of the Board, the chief executive officer, an employee of the Authority or a
Committee.
Clause 13: Duty of Board to notify Minister of developments
This clause requires the Board to notify the Minister as soon as practicable of certain types of
matters. The certain types of matters are any developments which, in the opinion of the
Board, many have a significant impact on the Board achieving the Authority’s objectives or
performing and exercising the Authority’s functions and powers under this Act. This also
includes any development which, in the opinion of the Board, may prevent or significantly
affect the achievement of the financial performance objectives under the current corporate
plan; or significantly affect the financial viability or operating ability of the Authority.
Clause 14: Protection from liability
This clause provides protection from liability for any member of the Board when acting in
good faith in exercising or performing any of the responsibilities as a Board member. The
Crown and the Board are not precluded from incurring any liability that a member would, but
for that subsection, incur.
Clause 15: Committees
This clause states that the Board may establish Committees to provide advice to the Board.
Committees must provide the Board with advice on any matter referred to it, and perform
any functions, and may exercise any powers, delegated to it by the Board.
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Clause 16: Ministerial statement of expectations
This clause specifies that the Minister, no later than 3 months before the beginning of the
financial year, may provide the Board with the Minister’s expectations for the Authority. In
doing so, the Minister is to have regard to the Authority’s objectives, functions and powers.
There are some limitations on the Minister. The Minster cannot set expectations that purport
to exert control or influence over the content of events or activities conducted, promoted or
supported by the Board.
Clause 17: Ministerial directions
This clause specifies that the Minister is able to provide direction to the Board regarding the
discharge of the Board’s responsibilities. All directions are to be in writing, and the Minister is
to table a Ministerial direction in Parliament within 10 sitting days after it is given. The Board is
to comply with a written direction issued by the Minister. There are some limitations on the
Minister. In preparing a direction the Minister is to have regard to the Authority’s objectives,
functions and powers. The Minister cannot issue a direction that purports to exert control or
influence over the content of events or activities conducted, promoted or supported by the
Board. A Ministerial direction cannot conflict with a Ministerial statement of expectations in
force at the particular time a direction is made.
Clause 18: Strategic plans
This clause requires the Board to prepare a strategic plan. The strategic plan must cover a
period of at least three years, and may be for a longer planning period if determined by the
Board. In preparing a strategic plan, the Board is to have regard to the Authority’s objectives,
functions and powers. The Board is to consult with the Minister in the development of the
strategic plan, and may consult with any other person. The Board is to submit a draft of the
strategic plan to the Minister for approval. The Minister may require the Board to amend and
resubmit a draft strategic plan. Once approved by the Minister, the strategic plan takes effect
as the strategic plan of the Board for that planning period, and the Board is to act during that
planning period in accordance with the strategic plan.
Clause 19: Contents of strategic plan
This clause details the contents of the strategic plan. A strategic plan is to be consistent with
any applicable Ministerial statement of expectations and any Ministerial directions. The
strategic plan is to include the following information:
• a statement of the Authority’s goals for the planning period with particular regard to
the general management, operation, financial sustainability and development of the
Authority including the Authority’s financial plans;
• strategies for attaining those goals for the planning period;
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• strategies for managing risk, measuring success and monitoring progress towards the
attainment of those goals for the planning period;
• an appraisal, if applicable, with regard to the effectiveness and the attainment of the
Authority’s goals stated in the strategic plan for the previous planning period.
Clause 20: Corporate plans
This clause specifies that the Board is required on or before 31 March in each financial year,
to prepare a corporate plan for the following financial year. A corporate plan must be
prepared with regard to the Authority’s objectives, functions and powers. A corporate plan
must be consistent with the strategic plan in effect, as well as any Ministerial statement of
expectations and Ministerial directions in effect at the time of the corporate plan’s
development. A corporate plan is to set out how the Board intends to meet its business and
financial objectives for the forthcoming financial year in the context of, and in relation to, the
strategic plan in effect at the time of the corporate plan’s development; or for the next
strategic plan, if a strategic plan is in its final year. The corporate plan is to be submitted to the
Minister for approval. The Minister may require the Board to amend a draft corporate plan.
Clause 21: Chief executive officer
This clause specifies that a chief executive officer is to be appointed. The Chairperson of the
Board may not be appointed to the position of chief executive officer. This clause also
specifies the terms of the chief executive officer’s appointment. The appointment is subject to,
and in accordance with, the State Service Act 2000.
Clause 22: Responsibilities of chief executive officer
This clause sets out the responsibilities of the role of chief executive officer. This clause states
that the chief executive officer is to be responsible to the Board for the general administration
and management of the Authority. The chief executive officer is to act as secretary to the
Board and is to attend meetings of the Board as its secretary, unless the Board for a particular
meeting or for certain business decides that the chief executive officer is not to attend.
The chief executive officer is to perform or exercise any functions or powers delegated to
them by the Board, or that they are given by this or any other Act. The Board and the chief
executive officer may enter into an agreement relating to the Board’s expectations of the
chief executive officer’s responsibilities. This clause also sets out requirements for the chief
executive officer to disclose in writing any direct or indirect pecuniary interests to the Board.
Clause 23: Acting chief executive officer
This clause provides for a person to be appointed as acting chief executive officer when the
chief executive officer is absent from duty.
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Clause 24: Staff
This clause provides for staff to be appointed or employed for the purposes of the Act. Staff
are to be appointed or employed subject to, and in accordance with, the State Service Act
2000.
Clause 25: Annual reports
This clause states that the Board is to prepare an annual report for the Authority. This annual
report is to be combined with the report required under section 36 of the State Service Act
2000. In addition to the requirements of a report under section 36 of the State Service Act
2000, this clause specifies the additional requirements to be included in the Board’s annual
report for the Authority.
Clause 26: Offences
This clause allows for specific offences and prescribes penalties.
Clause 27: Regulations
This clause allows for the making of regulations.
Clause 28: Administration of Act
This clause specifies that the administration of the Act is assigned to the Premier, with the
Department of Premier and Cabinet to be the responsible department before the
commencement day, and after the commencement day, the Authority.
Clause 29: Savings and transitional
This clause enables the transitional provisions of Schedule 4 to have effect.
Clause 30: Consequential amendments
This clause provides the legislation to be amended as set out in Schedule 5 is amended.
Schedule 1 – Membership of Board
Clause 1: Interpretation
This clause defines certain terms for the purposes of the Bill.
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Clause 2: Term of office
This clause specifies the term of office for members of the Board.
Clause 3: Holding other office
This clause specifies that persons who hold an office and who must devote their time to their
employment are not disqualified from being a member of the Board and can accept
remuneration for being a Board member.
Clause 4: State service employment
This clause specifies that a person may hold the office of member in conjunction with State
Service employment.
Clause 5: Remuneration and conditions of appointment
This clause specifies that the Board is to be remunerated and paid allowances as determined
by the Minister. A State Service employee or officer is not entitled to remuneration or
allowances unless approved by the Minister administering the State Service Act 2000. A
member holds office on the conditions of their instrument of employment where these are
not provided for in the Act.
Clause 6: Vacation of office
This clause sets out the circumstances upon which a member of the Board vacates office.
Clause 7: Filling of vacancies
This clause sets out the provision for the filling of vacancies to the Board.
Clause 8: Validation of proceedings, &c.
This clause validates proceedings of the Board not withstanding that there might be a vacancy
or a defect in the appointment of a member, or a person has been disqualified, or is incapable
of being a member of the Board.
Clause 9: Presumptions
This clause sets out matters, unless there is evidence to the contrary, not required to be
provided in any proceedings by, or against, the Board.
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Schedule 2 – Meetings of Board
Clause 1: Interpretation
This clause defines certain terms for the purposes of the Bill.
Clause 2: Convening of meetings
This clause establishes the requirements for convening meetings of the Board.
Clause 3: Presiding at meetings
This clause provides that the chairperson, unless absent, is to preside over meetings of the
Board.
Clause 4: Quorum and voting at meetings
This clause sets out the requirements for the formation of a quorum to transact business of
the Board and the voting of Board members at Board meetings.
Clause 5: Conduct of meetings
This clause specifies the conduct of meetings of the Board. The Board may invite any person
to a meeting to advise or inform the Board on any matter. This clause also sets out the
means by which Board members may be permitted to participate in meetings.
Clause 6: Absences
This clause sets out requirements for addressing absences of Board members from meetings
of the Board.
Clause 7: Minutes
This clause requires the Board to keep accurate minutes of its meetings.
Clause 8: Disclosure of interests
This clause sets out the requirements for Board members for the management of declarations
of direct and indirect pecuniary interests in matters before the Board, including the
circumstances in which disclosure is not required.
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Clause 9: General procedure
This clause specifies that, except as set out in the legislation, the Board can regulate its own
proceedings.
Clause 10: Presumptions
This clause sets out matters, unless there is contrary evidence, not required to be proved in
any proceedings by, or against, the Board.
Schedule 3 – Membership and meetings of Committees
Clause 1: Membership of Committees
This clause provides for the membership of a Committee the Board may establish under
section 15.
Clause 2: Conditions of appointment
This clause specifies that a member of a committee is entitled to be paid such remuneration
and allowances as the Minister determines. Members hold office for the term, and on the
conditions, as specified in the member’s instrument of appointment. A member of a
committee vacates office when they resign by notice to the Board, or when they are
removed by the Board.
Clause 3: Meetings
This clause specifies that meetings of a Committee are to be held in accordance with any
directions from the Board and the Committee is to comply with those directions.
Committees can seek information, assistance and advice from any person. The Committee
must also keep accurate minutes or its proceedings, and except as provided for in the Act,
can regulate its own proceedings
Schedule 4 – Transitional and savings provisions
Clause 1: References to former Board
This clause specifies that any reference to the former Board in a will, bequest other document
on or before the commencement of this Act is taken to be a reference to the new Board of
the Authority established by this Act.
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Clause 2: Assets and liabilities
This clause specifies that all property vested in the former Board and all other property of the
former Board remains property of the new Board. All liabilities of the former Board remain
liabilities of the new Board.
Clause 3: Accounts
This clause provides that any accounts of the former Board are taken to be accounts
maintained by the new Board.
Schedule 5 – Consequential amendments
This schedule details the consequential amends to other legislation to be made by this Act.
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