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TASMANIA
__________
CULTURAL AND CREATIVE INDUSTRIES BILL
2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
PART 2 - PROVISION OF ASSISTANCE
5. Minister may approve assistance
6. Approved programs
7. Application for assistance
8. Establishment of register of experts
9. Appointment of expert panel
10. Expert panel to consider applications
11. Offence to attempt to influence panel
12. Expert panel to regulate own proceedings
13. Confidentiality
14. Conflict of interest
15. Protection from liability
16. Delegation
17. Remuneration
[Bill 21]-IV
PART 3 - DISSOLUTION OF BOARD
18. Dissolution of Board
19. Transfer of assets and liabilities
20. Construction of documents
21. Legal proceedings and related matters
22. Tax exemption
PART 4 - MISCELLANEOUS
23. Expenses of Act
24. Regulations
25. Administration of Act
26. Legislation repealed
SCHEDULE 1 - LEGISLATION REPEALED
2
CULTURAL AND CREATIVE INDUSTRIES BILL
2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
18 October 2017
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to establish a system of peer review of applications
for assistance in the cultural and creative industries, to
repeal the Tasmanian Arts Advisory Board Act 1975 and for
related matters
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Cultural and
Creative Industries Act 2017.
2. Commencement
This Act commences on 1 January 2018.
[Bill 21] 3
Cultural and Creative Industries Act 2017
Act No. of
s. 3 Part 1 - Preliminary
3. Interpretation
In this Act -
application means an application for
assistance made under section 7;
approved program means a program approved
under section 6(7);
Board means the Tasmanian Arts Advisory
Board established under section 2 of the
Tasmanian Arts Advisory Board Act
1975;
commencement day means the day on which
this Act commences;
expert panel means an expert panel appointed
under section 9;
member means a member of an expert panel.
4. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
4
Cultural and Creative Industries Act 2017
Act No. of
Part 2 - Provision of Assistance s. 5
PART 2 - PROVISION OF ASSISTANCE
5. Minister may approve assistance
(1) The Minister may, for the purpose of supporting
the creative and cultural industries, approve the
provision to any person or organisation of
assistance of such nature and on such terms and
conditions as the Minister considers suitable in
the circumstances.
(2) Without prejudice to the generality of the
provisions of subsection (1), assistance may take
the form of -
(a) grants or subsidies; or
(b) loans; or
(c) payments to meet in whole or in part the
losses incurred in the carrying out of any
operation or activity; or
(d) equity investment; or
(e) scholarships; or
(f) any other initiative or means of
assistance that the Minister considers
appropriate.
(3) The powers conferred on the Minister by this
section to approve the provision of assistance to
any person or organisation include power to
enter into and carry out, on behalf of the Crown,
an agreement for the commissioning of any work
5
Cultural and Creative Industries Act 2017
Act No. of
s. 6 Part 2 - Provision of Assistance
to be carried out by that person or organisation,
or for the purchase or acquisition of any such
work or of any rights with respect to such work,
and, on behalf of the Crown, to deal with any
property, or exercise any rights, vested in the
Crown pursuant to any such agreement.
(4) A loan under this Act is to be at such rate of
interest as the Treasurer may approve and on
such security and on such terms and conditions
in respect of repayment and otherwise as the
Minister determines.
(5) The Minister, by instrument in writing, may
delegate to a State Service employee or State
Service officer the power to approve the
provision of assistance, subject to any conditions
specified in the instrument of delegation.
6. Approved programs
(1) The Secretary, if requested to do so by the
Minister, is to develop programs to assist in the
support and development of the cultural and
creative industries.
(2) The Secretary may consult with an expert panel,
or any person or body he or she considers
appropriate, in the development of a program.
(3) Without limiting the matters that a program may
include, a program may include any or all of the
following:
6
Cultural and Creative Industries Act 2017
Act No. of
Part 2 - Provision of Assistance s. 6
(a) details of the area of the cultural and
creative industries that is the subject of
the program;
(b) information to enable potential applicants
to determine their eligibility to apply for
assistance under the program;
(c) the criteria on which an application for
assistance will be assessed;
(d) the type and level of assistance that may
be provided;
(e) whether or not an application, or group
of applications, will be considered by an
expert panel;
(f) the terms and conditions on which any
assistance under the program may be
provided;
(g) such other matters that the Secretary
considers appropriate.
(4) The Secretary is to submit a draft of a program
to the Minister for approval.
(5) If a program submitted under subsection (4)
provides for an application, or a group of
applications, to be considered without an expert
panel, the Secretary must provide the Minister
with written reasons as to why an expert panel is
not required.
(6) The Minister must not approve a program under
which the consideration of an application or
7
Cultural and Creative Industries Act 2017
Act No. of
s. 7 Part 2 - Provision of Assistance
group of applications is to be undertaken without
an expert panel unless he or she is satisfied,
based on the reasons provided by the Secretary,
that an expert panel is not required.
(7) Subject to subsection (6), the Minister may
approve a program with, or without, alterations.
(8) Without limiting subsection (7), the Minister
may alter a draft program to provide that an
application or group of applications for
assistance be assessed by an expert panel.
7. Application for assistance
A person or organisation may apply to the
Minister for the provision of assistance in
accordance with the requirements of an approved
program.
8. Establishment of register of experts
(1) The Minister is to establish a register of experts
comprising those persons who, in the opinion of
the Minister -
(a) are experienced, independent, suitably
qualified and well respected within the
cultural and creative industries sector; or
(b) have relevant technical expertise.
(2) In selecting persons for the register, the Minister
is to take into account the need to ensure
diversity of backgrounds, experience and
qualifications among those selected.
8
Cultural and Creative Industries Act 2017
Act No. of
Part 2 - Provision of Assistance s. 9
9. Appointment of expert panel
(1) Subject to section 6, the Secretary is to appoint
an expert panel to consider an application or
group of applications.
(2) The Secretary is to appoint an expert panel by
appointing an uneven number of persons to be
members of the expert panel.
(3) A person appointed under subsection (2) -
(a) is to be selected from the register of
experts established under section 8; and
(b) is to be a person who, in the opinion of
the Secretary, has experience or expertise
relevant to the consideration of the
application.
(4) The Secretary must not direct, or attempt to
influence, an expert panel in the performance or
exercise of the functions or powers of the expert
panel under this Act.
10. Expert panel to consider applications
(1) An expert panel is to consider an application and
recommend to the Minister -
(a) whether assistance should be provided;
and
(b) the amount and form of any such
assistance.
9
Cultural and Creative Industries Act 2017
Act No. of
s. 11 Part 2 - Provision of Assistance
(2) In considering an application under this Act, an
expert panel -
(a) must assess the application on the basis
of merit and in accordance with the
requirements of any approved program to
which the application relates; and
(b) may seek advice from the Department.
(3) The Secretary may authorise a State Service
officer or State Service employee to provide
advice or secretarial assistance to an expert
panel.
(4) If an expert panel is unable to agree on an
assessment of an application, the panel may refer
the application to the Secretary for his or her
assessment.
(5) If an application is referred to the Secretary, he
or she is to consider the application and
recommend to the Minister -
(a) whether assistance should be provided;
and
(b) the amount and form of any such
assistance.
11. Offence to attempt to influence panel
A person must not attempt to influence, by any
means -
(a) the Secretary in appointing an expert
panel under section 9(1); or
10
Cultural and Creative Industries Act 2017
Act No. of
Part 2 - Provision of Assistance s. 12
(b) a panel, or a member of a panel, in the
consideration of an application for
assistance, unless his or her advice is
sought in accordance with
section 10(2)(b).
Penalty: Fine not exceeding 50 penalty units.
12. Expert panel to regulate own proceedings
(1) Subject to this Act, an expert panel may regulate
its own proceedings with regard to the
consideration of applications and the provision
of recommendations for assistance.
(2) Without limiting subsection (1), an expert panel
is to take minutes of its meetings and keep
records of its recommendations.
13. Confidentiality
A member of an expert panel, or a person
employed or engaged in work related to the
affairs of an expert panel, must not divulge
information that comes to his or her knowledge
by virtue of that office or position except -
(a) in the course of, and for a purpose related
to, carrying out the duties of that office
or position; or
(b) as may be authorised by or under this Act
or any other Act; or
(c) when required to do so by a court or
tribunal constituted by law.
11
Cultural and Creative Industries Act 2017
Act No. of
s. 14 Part 2 - Provision of Assistance
Penalty: Fine not exceeding 20 penalty units.
14. Conflict of interest
(1) A member of an expert panel must not consider
an application if he or she has a conflict of
interest.
(2) For the purposes of subsection (1), a member has
a conflict of interest if he or she knows or
reasonably ought to know that his or her
consideration of an application could confer a
direct or indirect financial benefit on the member
or an immediate relative, personal friend or close
business associate of the member.
(3) A member must declare a conflict of interest as
soon as practicable after becoming aware of it.
Penalty: Fine not exceeding 20 penalty units.
15. Protection from liability
(1) A member of an expert panel does not incur any
personal liability for any act done, or purported
or omitted to be done, by the member in good
faith in the exercise or performance or purported
exercise or performance of any responsibilities
relating to or arising from his or her role as a
member of the expert panel.
(2) Subsection (1) does not preclude the Crown or a
member of an expert panel from incurring a
liability that the Crown or the member would,
but for that subsection, incur.
12
Cultural and Creative Industries Act 2017
Act No. of
Part 2 - Provision of Assistance s. 16
16. Delegation
The Secretary may delegate any of his or her
powers or functions, other than this power of
delegation, to a State Service employee or State
Service officer within the Department.
17. Remuneration
A member or an expert panel is entitled to be
paid, in relation to his or her carrying out the
functions of the expert panel, the remuneration
and expenses (including travelling and
subsistence allowances) determined by the
Secretary.
13
Cultural and Creative Industries Act 2017
Act No. of
s. 18 Part 3 - Dissolution of Board
PART 3 - DISSOLUTION OF BOARD
18. Dissolution of Board
On the commencement day, the Tasmanian Arts
Advisory Board is dissolved.
19. Transfer of assets and liabilities
(1) On the commencement day -
(a) the assets of the Board vest in the Crown;
and
(b) the liabilities of the Board become the
liabilities of the Crown.
(2) State tax is not payable in respect of any
document prepared, or transfer or transaction
done, to give effect to subsection (1).
20. Construction of documents
(1) In this section -
document means a document, or part of a
document, that -
(a) was in force immediately before
the commencement day; and
(b) contains a reference to the Board;
and
(c) relates to an asset or liability of
the Board.
14
Cultural and Creative Industries Act 2017
Act No. of
Part 3 - Dissolution of Board s. 21
(2) Unless the context or subject matter of a
document otherwise requires, on and after the
commencement day a reference in the document
to the Board is taken to be or to include a
reference to the Crown.
21. Legal proceedings and related matters
On and after the commencement day -
(a) any legal or other proceeding instituted
by or against the Board before, and
pending on, the commencement day may
be continued by or against the Crown;
and
(b) any legal or other proceeding that could
have been instituted by or against the
Board to enforce an obligation that was
required to be performed, or a right that
had accrued, before the commencement
day may be instituted by or against the
Crown; and
(c) any judgment or order of a court obtained
before the commencement day by or
against the Board and not executed or
satisfied before the commencement day
may be enforced by or against the
Crown; and
(d) a document relating to any legal or other
proceeding that has been served on or by
the Board before the commencement day
is taken, where appropriate, to have been
served on or by the Crown; and
15
Cultural and Creative Industries Act 2017
Act No. of
s. 22 Part 3 - Dissolution of Board
(e) any contract or arrangement entered into
by the Board before the commencement
day is taken to be a contract or
arrangement entered into by the Crown.
22. Tax exemption
The following are not liable to any State tax:
(a) an instrument to which the Crown is a
party by virtue of this Act;
(b) the Crown, in so far as it may, but for
this section, be liable to any State tax in
relation to a matter to which this Act
relates.
16
Cultural and Creative Industries Act 2017
Act No. of
Part 4 - Miscellaneous s. 23
PART 4 - MISCELLANEOUS
23. Expenses of Act
(1) Moneys required for the making of loans under
this Act are to be, as may be provided by
Parliament, issued out of the Loan Fund, and any
moneys received by way of repayment of any
such loan, or of payment of interest on any such
loan, are to be paid to the Treasurer and dealt
with as if the loan were an advance made by the
Treasurer out of that Fund.
(2) Subject to subsection (1), the expenses of the
Minister and an expert panel under this Act are
to be, as may be provided by Parliament, paid
out of the Consolidated Revenue, or, if at the
time of the payment the Financial Management
(Consequential and Transitional Provisions) Act
2017 is in force, out of the Public Account.
24. Regulations
The Governor may make regulations for the
purposes of this Act.
25. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for the Arts; and
17
Cultural and Creative Industries Act 2017
Act No. of
s. 26 Part 4 - Miscellaneous
(b) the department responsible to the
Minister for the Arts in relation to the
administration of this Act is the
Department of State Growth.
26. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
18
Cultural and Creative Industries Act 2017
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REPEALED
Section 26
Tasmanian Arts Advisory Board Act 1975 (No. 18 of 1975)
Government Printer, Tasmania 19