{"id":"nsw:act-2023-054","name":"24-Hour Economy Commissioner Act 2023","slug":"24-hour-economy-commissioner-act-2023","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"54 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28912,"registerId":"nsw-act-2023-054-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [24-Hour Economy Commissioner Act 2023](/view/html/inforce/current/act-2023-054).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Act—\n> \n> Commissioner—see section 4.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"24-Hour Economy Commissioner","content":"# Part 2 24-Hour Economy Commissioner\n\nPart 2 24-Hour Economy Commissioner","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Establishment and appointment","content":"## Division 1 Establishment and appointment\n\nDivision 1 Establishment and appointment","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"24-Hour Economy Commissioner","content":"#### 4 24-Hour Economy Commissioner\n\n4 24-Hour Economy Commissioner\n\n> A 24-Hour Economy Commissioner (the Commissioner) must be employed under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Functions of Commissioner","content":"## Division 2 Functions of Commissioner\n\nDivision 2 Functions of Commissioner","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Functions","content":"#### 5 Functions\n\n5 Functions\n\n> > (1) The Commissioner has the following functions—\n> > \n> > > (a) to advocate for, and promote the interests of, the night-time economy State-wide,\n> > \n> > > (b) to advocate for policy change, legislative reforms and other improvements about the night-time economy, including by attending relevant forums and conferences and being involved in negotiations between stakeholders,\n> > \n> > > (c) to drive collaboration between government agencies to address common issues, and promote better policy development, about the night-time economy,\n> > \n> > > (d) to provide advice, recommendations and reports to the Minister, at the request of the Minister or on the Commissioner’s own initiative, about matters relating to the night-time economy,\n> > \n> > > (e) to raise awareness and provide education about, and conduct programs and other activities to promote—\n> > > \n> > > > (i) understanding of issues affecting the night-time economy, and\n> > > \n> > > > (ii) compliance with legislation affecting the night-time economy, and\n> > > \n> > > > (iii) best practice in relation to other matters affecting the night-time economy,\n> > \n> > > (f) to promote and enhance multiculturalism as part of the night-time economy,\n> > \n> > > (g) to advocate for a mix of diverse cultural, social and business activities and experiences as part of the night-time economy,\n> > \n> > > (h) to encourage more collaboration across industry, local government and the NSW Government in delivery initiatives in relation to the night-time economy,\n> > \n> > > (i) other functions conferred on the Commissioner by this Act or another Act.\n> \n> > (2) The Commissioner is not subject to the control and direction of the Minister or any other person in relation to the contents of advice, a report or recommendations given to the Minister.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Advisory Council","content":"#### 6 Advisory Council\n\n6 Advisory Council\n\n> > (1) The Minister may establish a 24-Hour Economy Advisory Council to provide advice to the Commissioner in relation to the exercise of the Commissioner’s functions.\n> \n> > (2) The members of the Advisory Council are to be appointed by the Minister on the recommendation of the Commissioner.\n> \n> > (3) The members of the Advisory Council must include at least one person who, in the Minister’s opinion, represents the interests of regional New South Wales, whether because the person—\n> > \n> > > (a) resides or works in, or advocates for, regional New South Wales, or\n> > \n> > > (b) represents an organisation that works in, represents or advocates for regional New South Wales.\n> \n> > (4) If the Minister establishes the Advisory Council, the Minister may issue a charter to the Advisory Council that outlines—\n> > \n> > > (a) the Advisory Council’s terms of reference and the way in which it is to operate, and\n> > \n> > > (b) any requirements for the Advisory Council to report to the Minister or the Commissioner.\n> \n> > (5) The Minister may abolish the Advisory Council at any time.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Reports","content":"#### 7 Reports\n\n7 Reports\n\n> > (1) The Commissioner may, in exercising the Commissioner’s functions—\n> > \n> > > (a) prepare a report about a particular issue or a general matter relating to the Commissioner’s functions, including a report containing forecasts about matters relating to the night-time economy, and\n> > \n> > > (b) give the report to the Minister.\n> \n> > (2) The Minister may provide a report given to the Minister under subsection (1)(b) to the Presiding Officer of each House of Parliament.\n> \n> > (3) A report provided to the Presiding Officer of a House of Parliament under subsection (2) must be laid before that House within 5 sitting days of that House after it is received by the Presiding Officer.","sortOrder":10},{"sectionNumber":"Division 3","sectionType":"division","heading":"Powers of Commissioner","content":"## Division 3 Powers of Commissioner\n\nDivision 3 Powers of Commissioner","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Cooperation between Commissioner and other agencies and organisations","content":"#### 8 Cooperation between Commissioner and other agencies and organisations\n\n8 Cooperation between Commissioner and other agencies and organisations\n\n> > (1) The Commissioner and other government agencies that provide or deal with services or issues affecting the night-time economy in the State must work in cooperation in the exercise of their functions.\n> \n> > (2) Arrangements may be made by the Minister with the Minister to whom a government agency is responsible for cooperation under subsection (1), including the provision by the agency of information or access to documents required by the Commissioner in relation to the Commissioner’s functions.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Power to conduct inquiries","content":"#### 9 Power to conduct inquiries\n\n9 Power to conduct inquiries\n\n> > (1) The Minister may direct the Commissioner to conduct an inquiry into an issue affecting the night-time economy at any time.\n> \n> > (2) A direction under subsection (1) may be—\n> > \n> > > (a) at the request of the Commissioner, or\n> > \n> > > (b) on the Minister’s own initiative.\n> \n> > (3) Without limiting subsection (1), the Minister may direct the Commissioner to conduct an inquiry into the establishment, operation, suspension or revocation of a special entertainment precinct within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 202.\n> \n> > (4) For the purposes of an inquiry under this section, the Minister may request the attendance or advice of representatives of government agencies, including representatives of agencies that deal with matters relating to the following—\n> > \n> > > (a) public health,\n> > \n> > > (b) liquor and gaming,\n> > \n> > > (c) arts and culture,\n> > \n> > > (d) planning,\n> > \n> > > (e) multiculturalism,\n> > \n> > > (f) policing,\n> > \n> > > (g) transport,\n> > \n> > > (h) local government.\n> \n> > (5) As soon as practicable after conducting an inquiry under this section, the Commissioner must—\n> > \n> > > (a) prepare a report about the inquiry, and\n> > \n> > > (b) give a copy of the report to the Minister.\n> \n> > (6) The report must include—\n> > \n> > > (a) recommendations about the matter the subject of the inquiry, and\n> > \n> > > (b) if the inquiry related to a matter referred to in subsection (3)—recommendations about the establishment or future operation of the special entertainment precinct and the reasons for the recommendations.\n> \n> > (7) The Minister may provide the report to the Presiding Officer of each House of Parliament.\n> \n> > (8) A report provided to the Presiding Officer of a House of Parliament under subsection (7) must be laid before that House within 5 sitting days of that House after it is received by the Presiding Officer.","sortOrder":13}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a Commissioner for the 24-hour economy with advocacy, advisory and coordination functions. The scope has not expanded beyond this core mandate."},"complexity_factors":["Only 1 defined term ('Commissioner') in the dedicated definitions section","Minimal cross-referencing — only references to the Interpretation Act 1987, Government Sector Employment Act 2013, and Local Government Act 1993","Straightforward structure: 9 sections across 2 Parts with 3 Divisions","No nested exceptions or conditional logic beyond basic 'may' and 'must' obligations","Simple procedural requirements (e.g., 5 sitting days for tabling reports)","Short total length — approximately 9 operative sections"],"plain_english_summary":"This law creates a new government role called the **24-Hour Economy Commissioner** to champion and improve New South Wales's night-time economy — everything that happens after dark, from restaurants and bars to cultural events and late-night transport.\n\n**What the Commissioner does:**\n- **Advocates** for businesses and activities that operate at night across the entire state\n- **Pushes for policy changes** and law reforms to help the night-time economy thrive\n- **Brings government agencies together** to solve problems like noise, transport, licensing, and safety\n- **Advises the Minister** independently — importantly, the Commissioner cannot be told what to say in their advice or reports\n- **Educates** businesses and the public about laws and best practices for night-time operations\n- **Promotes diversity** by supporting multicultural activities and a mix of cultural, social and business experiences after dark\n- **Encourages collaboration** between industry, local councils and state government\n\n**The Advisory Council:**\nThe Minister can set up an advisory group to help the Commissioner, which must include at least one person representing **regional NSW** (not just Sydney). The Minister controls whether this council exists and can scrap it at any time.\n\n**Powers to investigate:**\nThe Minister can direct the Commissioner to conduct **inquiries** into specific issues, including controversial \"special entertainment precincts\" (designated nightlife zones with their own rules). The Commissioner must report back with recommendations, and these reports can be tabled in Parliament.\n\n**Why it matters:**\nThis creates a dedicated voice for the night-time economy in government — someone whose job is specifically to cut through red tape, coordinate between agencies that don't usually talk to each other (like police, transport, health and liquor licensing), and push for reforms. The independence from ministerial control over advice is significant: it means the Commissioner can tell the government things it might not want to hear."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act extends the State’s institutional role in the night‑time economy by establishing a dedicated Commissioner with broad advocacy, inquiry and coordination powers (ss 4–9). It formalises obligations on agencies to cooperate (s 8), creates mechanisms for ministerial commissioning of inquiries including special entertainment precincts (s 9(3)), and provides for advisory architecture and parliamentary reporting (ss 6–7). These provisions expand and centralise functions that, before this Act, were not vested in a single statutory office."},"complexity_factors":["Creates a new statutory office with prescribed employment regime (s 4), requiring administrative set‑up and budgeting.","Broad, open‑ended functions (advocacy, policy reform, education, multicultural and industry coordination) that are factually expansive and may overlap existing roles (s 5).","Expressed independence from Ministerial control over the contents of advice, creating an autonomy boundary (s 5(2)).","Ministerial discretion to establish, charter, appoint members to, or abolish an Advisory Council, with appointments on the Commissioner’s recommendation — introduces variable institutional design (s 6).","Powers to conduct ministerial‑directed or Commissioner‑requested inquiries, including specific authority to examine special entertainment precincts and require participation or advice from multiple agencies — creates cross‑agency coordination and potential evidentiary demands (s 9(1)–(6)).","Obligation for government agencies to cooperate and potential for inter‑ministerial arrangements to provide information or document access — compliance and information‑sharing burdens (s 8).","Reporting obligations with formal parliamentary laying requirements that impose timing and publication consequences (s 7; s 9(5)–(8)).","Potential scope overlap with local government and sectoral regulators (planning, liquor, policing, transport, public health) which may create coordination and policy‑boundary complexity (s 8; s 9(4)).","Some discretional terms (eg, \"advocate for policy change\", \"other functions conferred\") increase interpretive uncertainty about limits of powers (s 5, s 5(1)(i))."],"plain_english_summary":"This Act creates a statutory 24‑Hour Economy Commissioner (employed under the Government Sector Employment Act) to advocate for, coordinate and report on the State’s night‑time economy. The Commissioner can advise the Minister, run inquiries, promote compliance and education, and seek cooperation from government agencies. It affects night‑time businesses, local governments, service providers and state agencies by formalising a central coordinator with powers to request information, produce reports for Parliament and push for policy or legislative changes."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to do exactly what its title suggests — establish a 24-Hour Economy Commissioner role. The appointment of the Minister for Music and the Night-time Economy as the responsible minister is consistent with the original policy intent of supporting night-time cultural and economic activity. The pending Vibrancy Reforms amendment suggests an expansion of the broader framework, but the core establishing Act appears to have remained true to its original purpose."},"complexity_factors":["The legislation text provided is minimal — primarily metadata, status information, and website navigation rather than substantive provisions","The actual operative sections of the Act (functions, powers, duties of the Commissioner) are not included in the provided text, limiting full analysis","The pending but uncommenced Vibrancy Reforms amendment adds a layer of future uncertainty","The role itself sits at an intersection of planning law, liquor licensing, and cultural policy — which may create complexity in practice even if the establishing Act is simple"],"plain_english_summary":"The Act creates a 24‑Hour Economy Commissioner — a government official under the Minister for Music and the Night‑time Economy — to champion, coordinate and support Sydney and NSW’s night‑time businesses and cultural precincts.  \n\nIt affects night‑time venues, local councils, nearby residents and artists, signaling a policy shift toward reviving and protecting the night‑time economy (with further Vibrancy Reforms proposed)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/24-hour-economy-commissioner-act-2023","history":"/api/acts/24-hour-economy-commissioner-act-2023/history","analysis":"/api/acts/24-hour-economy-commissioner-act-2023/analysis","conflicts":"/api/acts/24-hour-economy-commissioner-act-2023/conflicts","importantCases":"/api/acts/24-hour-economy-commissioner-act-2023/important-cases","documents":"/api/acts/24-hour-economy-commissioner-act-2023/documents"}}