New South Wales Consolidated Acts

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ENTERTAINMENT INDUSTRY ACT 2013 - SECT 4

Definitions

4 Definitions

(1) In this Act:

"authorised officer" --see section 26.

"business day" means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales.

"capped amount" --see section 9.

"civil penalty order" means an order under section 43.

"code of conduct" means the code of conduct for performer representatives set out in Schedule 1.

"director" of a corporation means a person who is a director of a corporation within the meaning of the Corporations Act 2001 of the Commonwealth.

"entertainment industry agreement" means an agreement between a performer and a performer representative for the performer representative to provide one or more of the services referred to in section 5.

"entertainment industry hirer" means a person who engages or contracts any performer for the purpose of a performance.

"entertainment industry managerial agreement" --see section 10.

"entertainment industry prohibition order" --see section 25 (2).

"entertainment industry representative" means a performer representative or a venue representative.

"function" includes a power, authority or duty and
"exercise" a function includes perform a duty.

"industrial court" means an industrial court within the meaning of Part 1 of Chapter 7 of the Industrial Relations Act 1996 .

"performance" means:
(a) a performance that is given in any place or by the use of any medium for the transmission of sound or images, or both, or
(b) a performance that is recorded for the purpose of using the recording in any place or for the transmission of sound or images, or both,
and one of the purposes of which is the financial benefit of an entertainment industry hirer or performer, or both.

"performer" means any actor, singer, dancer, acrobat, model, musician or other performer of any kind who enters an entertainment industry agreement with a performer representative.

"performer representative" --see section 5.

"Secretary" means the Secretary of the Treasury.

"show cause notice" means a notice served by the Secretary under section 24.

"unlawful conduct" means conduct by a performer representative that constitutes:
(a) a breach of the code of conduct, or
(b) a breach of a term of an undertaking given by the performer representative under section 21, or
(c) a contravention of a provision of this Act or the regulations, whether or not any proceedings have been brought in respect of the contravention.

"venue representative" --see section 15.
(2) In this Act, a reference to an
"award" or
"industrial agreement" is a reference to an award or industrial agreement relating to the employment of performers in the entertainment industry.
(3) Notes included in this Act do not form part of this Act.



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