{"id":"adelaide-festival-centre-trust-act-1971","name":"Adelaide Festival Centre Trust Act 1971","slug":"adelaide-festival-centre-trust-act-1971","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31408,"registerId":"sa-adelaide-festival-centre-trust-act-1971-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide Festival Centre Trust Act 1971","content":"South Australia\nAdelaide Festival Centre Trust Act 1971\nAn 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.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\nPart 2—Adelaide Festival Centre Trust\nDivision 1—Establishment of Trust\n5\tEstablishment of Trust\nDivision 1A—Membership, proceedings etc\n6\tComposition of Trust\n7\tConditions of membership\n8\tProceedings\n9\tValidity of acts\n10\tMinisterial control\nDivision 1B—Committees and delegation\n11\tCommittees\n12\tDelegation\nDivision 1C—Conflict of interest under Public Sector (Honesty and Accountability) Act\n13\tConflict of interest under Public Sector (Honesty and Accountability) Act\nDivision 1D—Common seal and execution of documents\n14\tCommon seal and execution of documents\nDivision 2—Functions and powers of Trust\n20\tFunctions\n20A\tPowers\nDivision 2A—Staffing arrangements\n21\tStaffing arrangements\n22\tRelated staffing issues\nDivision 3—Financial matters and annual reports\n23\tAnnual budget\n24\tAccounts and audit\n25\tAnnual report\nPart 3—Transfer of Trust property\n26\tTransfer of Trust property\nPart 4—Authorised officers\n27\tAppointment of authorised officers\n28\tPowers of authorised officers\n29\tHindering etc authorised officers\nPart 5—Official insignia\n30\tInterpretation\n31\tOfficial titles and logos\n32\tUnlawful use of official insignia\n33\tSeizure etc of goods marked with official insignia\nPart 6—Miscellaneous\n34\tLiability for council rates\n35\tGifts etc\n36\tMinisterial delegation\n37\tApprovals by Treasurer\n38\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Adelaide Festival Centre Trust Act 1971.\n4—Interpretation\n\t(1)\tIn this Act unless the contrary intention appears—\nauthorised officer—see Part 4;\nCentre 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);\nCouncil means the council of The Corporation of the City of Adelaide;\nemploying authority means the person designated by proclamation as being the employing authority for the purposes of this definition;\nFestival 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;\nmember means member of the Trust;\noccupy, in relation to premises, means have, or be entitled to, possession or control of the premises;\nofficial insignia—see Part 5;\npremises of the Trust means premises owned or occupied by the Trust;\npromote, in relation to an event or activity, includes organise, commission, fund, support, market, advertise or act as project manager;\nTrust means the Adelaide Festival Centre Trust established under this Act.\n\t(3)\tA proclamation made for the purposes of the definition of employing authority—\n\t(a)\tmay 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\n\t(b)\tmay, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.\nPart 2—Adelaide Festival Centre Trust\nDivision 1—Establishment of Trust\n5—Establishment of Trust\n\t(1)\tThe Adelaide Festival Centre Trust is established.\n\t(2)\tThe Trust—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\tis an instrumentality of the Crown and holds property on behalf of the Crown; and\n\t(e)\thas the functions and powers assigned or conferred under this or any other Act.\nDivision 1A—Membership, proceedings etc\n6—Composition of Trust\n\t(1)\tThe Trust will consist of not more than 8 members appointed by the Governor, of whom—\n\t(a)\t1 will be nominated by the Council from the members, officers or employees of the Council; and\n\t(b)\tthe remainder will be nominated by the Minister.\n\t(2)\tIf 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.\n\t(3)\tAt least 2 members must be women and at least 2 must be men.\n\t(4)\tThe Governor will appoint 1 of the members nominated by the Minister to be the presiding member.\n\t(5)\tThe 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.\n7—Conditions of membership\n\t(1)\tA 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.\n\t(2)\tA 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).\n\t(3)\tThe Governor may remove a member from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor failure or incapacity to carry out the duties of his or her office satisfactorily; or\n\t(c)\tfor contravention of a condition of his or her appointment; or\n\t(d)\tif 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.\n\t(4)\tThe office of a member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Trust; or\n\t(f)\tis absent without leave of the presiding member of the Trust from 3 consecutive meetings of the Trust; or\n\t(g)\tis removed from office under subsection (3).\n\t(5)\tOn the office of a member becoming vacant, a person may be appointed in accordance with this Division to the vacant office.\n\t(6)\tA member is entitled to fees, allowances and expenses determined by the Governor.\n8—Proceedings\n\t(1)\tA quorum of the Trust consists of half of the total number of members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tIn the absence of the presiding member at a meeting of the Trust, a member chosen by the members present at the meeting will preside.\n\t(3)\tA decision carried by a majority of the votes cast by members at a meeting is a decision of the Trust.\n\t(4)\tEach 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.\n\t(5)\tA 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—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Trust for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA 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—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Trust; and\n\t(b)\ta majority of the members expresses concurrence in the proposed resolution by letter, fax or other written communication setting out the terms of the resolution.\n\t(7)\tThe Trust must meet at least 6 times in each year.\n\t(8)\tThe Trust must have accurate minutes kept of its proceedings.\n\t(9)\tSubject to this Act, the Trust may determine its own procedures.\n\t(10)\tSubject 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.\n9—Validity of acts\nAn 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.\n10—Ministerial control\n\t(1)\tSubject to subsection (2), the Trust is subject to the general control and direction of the Minister.\n\t(2)\tNo Ministerial direction can be given—\n\t(a)\tas to the artistic nature or content of—\n\t(i)\tobjects, works or collections held or promoted by the Trust; or\n\t(ii)\tperformances or other events or activities conducted or promoted by the Trust; or\n\t(b)\tas to the manner in which the Trust is to deal with a testamentary or other gift; or\n\t(c)\tas to any advice or recommendation that the Trust makes or is required to make to the Minister.\nDivision 1B—Committees and delegation\n11—Committees\n\t(1)\tThe Trust may establish such committees (including advisory committees or subcommittees) as the Trust thinks fit.\n\t(2)\tThe 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.\n\t(3)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Trust; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n12—Delegation\n\t(1)\tThe 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).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA delegate must not act pursuant to the delegation in any matter in which the delegate has a direct or indirect pecuniary or personal interest.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(5)\tIt 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.\n\t(6)\tIn 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.\nDivision 1C—Conflict of interest under Public Sector (Honesty and Accountability) Act\n13—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA 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.\nDivision 1D—Common seal and execution of documents\n14—Common seal and execution of documents\n\t(1)\tThe 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.\n\t(2)\tThe 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.\n\t(3)\tWithout limiting subsection (2), the Trust may authorise 2 or more persons to execute documents jointly on behalf of the Trust.\n\t(4)\tA document is duly executed by the Trust if—\n\t(a)\tthe common seal of the Trust is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Trust by a person or persons in accordance with authority conferred under this section.\n\t(5)\tIf 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.\nDivision 2—Functions and powers of Trust\n20—Functions\n\t(1)\tThe functions of the Trust are—\n\t(a)\tencouraging and facilitating artistic, cultural and performing arts activities throughout the State; and\n\t(b)\tto undertake the care, control, management, maintenance and improvement of the Centre and of all things necessary for, incidental and ancillary to such care, control, management, maintenance and improvement (subject to such arrangements as may be established from time to time for the occupation of the Centre by the Trust); and\n\t(c)\tproviding advisory, consultative, managerial or support services, within areas of the Trust's expertise, to persons associated with the conduct of artistic, cultural or performing arts activities (whether within or outside the State); and\n\t(d)\tafter consulting the Minister—providing ticketing systems and other related services (including services that involve the construction, installation, operation or maintenance of equipment associated with the provision of such systems or services) to persons associated with the conduct of entertainment, sporting or other events or projects (whether within or outside the State); and\n\t(e)\tto carry out any other functions assigned to the Trust under this or any other Act or by the Minister.\n\t(1a)\tHowever, the Trust must not extend the area of operation of its services under subsection (1)(c) without first consulting the Minister.\n20A—Powers\n\t(1)\tThe Trust has, in addition to any other powers conferred on it under this or any other Act, all the powers of a natural person.\n\t(2)\tThe Trust may, for example, do any 1 or more of the following (subject to this Act):\n\t(a)\tengage agents, consultants or other contractors;\n\t(b)\tenter into contracts or agreements with artists, performers, entertainers and other persons involved in the arts, or employ such persons;\n\t(c)\tenter into other contracts, agreements or arrangements;\n\t(d)\tacquire, hold, take on hire, lend, exchange or dispose of objects, works or collections of artistic, historical or cultural interest;\n\t(e)\tacquire, hold, deal with or dispose of—\n\t(i)\tlicences; or\n\t(ii)\tintellectual property (including patents and copyright); or\n\t(iii)\tany other property (whether real or personal); or\n\t(iv)\tany interest in such property;\n\t(f)\taccept grants or obtain financial sponsorship from any person or body;\n\t(g)\tcarry on advertising and promotional activities;\n\t(h)\tconduct 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;\n\t(i)\tregulate 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;\n\t(j)\tgrant 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;\n\t(k)\tpublish or produce books, programs, brochures, films, souvenirs and other information or things relating to events or activities conducted or promoted by the Trust;\n\t(l)\tsell 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;\n\t(m)\tgrant or dispose of rights to televise, broadcast or record any events or activities conducted or promoted by the Trust;\n\t(n)\trestrict, control and make charges for the use of official insignia;\n\t(o)\ttake out policies of insurance in its own right or on behalf of the State;\n\t(p)\tparticipate (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;\n\t(q)\tgive 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;\n\t(r)\tenter into any partnership or joint venture arrangement;\n\t(s)\tform, 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;\n\t(t)\tborrow money and obtain other forms of financial accommodation;\n\t(u)\tact as trustee on behalf of another person in connection with the performance of its functions under this Act.\n\t(3)\tHowever, the Trust must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(s) or (t).\n\t(4)\tThe Trust is not obliged to accept or keep material that is not, in its opinion, of sufficient artistic, historical, cultural or other interest to justify its collection or preservation under this Act.\n\t(5)\tThe Trust may exercise its powers within or outside of the State.\nDivision 2A—Staffing arrangements\n21—Staffing arrangements\n\t(1)\tThe employing authority may employ staff to perform functions in connection with the operations or activities of the Trust.\n\t(2)\tThe terms and conditions of employment of a person under subsection (1) will be determined by the employing authority.\n\t(3)\tA person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009).\n\t(4)\tThe employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of a public sector agency specified by the employing authority (and the person must comply with that direction).\n\t(5)\tThe employing authority is, in acting under this section, subject to direction by the Minister.\n\t(6)\tHowever, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.\n\t(7)\tThe employing authority may delegate a power or function under this section.\n\t(8)\tA delegation under subsection (7)—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be made to a body or person (including a person for the time being holding or acting in a specified office or position); and\n\t(c)\tmay be unconditional or subject to conditions; and\n\t(d)\tmay, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and\n\t(e)\tdoes not derogate from the power of the employing authority to act personally in any matter; and\n\t(f)\tmay be revoked at any time by the employing authority.\n\t(9)\tA change in the person who constitutes the employing authority under this Act does not affect the continuity of employment of a person under this section.\n\t(10)\tThe Trust must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).\n\t(11)\tThe Trust does not have the power to employ any person.\n\t(12)\tThe Trust may, under an arrangement established by a Minister administering an administrative unit, make use of the services or staff of that administrative unit.\n\t(13)\tIn this section—\npublic sector agency has the same meaning as in the Public Sector Act 2009.\n22—Related staffing issues\n\t(1)\tThe employing authority may, with the approval of the Minister, determine that, for the purposes of the accrual of, or a payment of a lump sum in lieu of the grant of, long service leave or for the purposes of the accrual of leave on account of illness, previous service of a person employed under this Act with an employer other than the employing authority may be regarded, to the extent approved by the Minister, as service with the employing authority.\n\t(2)\tThe employing authority may enter into arrangements contemplated by section 5 of the Superannuation Act 1988.\nDivision 3—Financial matters and annual reports\n23—Annual budget\n\t(1)\tThe 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.\n\t(2)\tThe budget must set out estimates of the Trust's receipts and expenditures for the period to which the budget relates.\n\t(3)\tThe budget must conform with any requirements of the Minister as to its form and the matters to be addressed by the budget.\n\t(4)\tThe Minister may approve a budget submitted under this section with or without modification.\n\t(5)\tSubject 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.\n\t(6)\tThe 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.\n24—Accounts and audit\n\t(1)\tThe 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.\n\t(2)\tThe accounting records and the statements of account must comply with—\n\t(a)\tany instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987; and\n\t(b)\tany further requirements imposed by the Auditor‑General.\n\t(3)\tThe Auditor‑General may at any time audit the accounts of the Trust and must audit the annual statements of account.\n25—Annual report\n\t(1)\tThe 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.\n\t(2)\tThe report must contain the audited statements of account of the Trust for the preceding financial year.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\nPart 3—Transfer of Trust property\n26—Transfer of Trust property\n\t(1)\tIn this section—\nasset includes—\n\t(a)\ta present, contingent or future legal or equitable estate or interest in real or personal property; or\n\t(b)\ta present, contingent or future right, power, privilege or immunity;\nliability includes a present, contingent or future liability or obligation.\n\t(2)\tSubject to subsection (3), the Governor may, by proclamation, transfer assets or liabilities (or both) of the Trust to a Minister.\n\t(3)\tSubsection (2) does not apply to any asset that the Trust holds on trust to the extent that a transfer under that subsection would be inconsistent with the terms or conditions of the trust.\n\t(4)\tA transfer of assets or liabilities under this section operates by force of this section and despite the provisions of any other law.\n\t(5)\tNothing done under this section—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\t(f)\treleases a surety or other obligee wholly or in part from an obligation.\nPart 4—Authorised officers\n27—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tEach police officer is an authorised officer for the purposes of this Act.\n\t(3)\tAn 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).\n\t(4)\tAn authorised officer other than a police officer must be issued with an identity card—\n\t(a)\tcontaining the person’s name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act; and\n\t(c)\tstating any conditions or limitations on the authorised officer’s authority.\n\t(5)\tAn 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—\n\t(a)\tin the case of an authorised officer appointed under subsection (1)—his or her identity card; and\n\t(b)\tin the case of an authorised officer who is a police officer and is not in uniform—his or her certificate of authority.\n\t(6)\tIf 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.\nMaximum penalty: $250.\n28—Powers of authorised officers\n\t(1)\tIf 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:\n\t(a)\trequire the person to state his or her full name and usual place of residence;\n\t(b)\tif 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;\n\t(c)\trequire 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;\n\t(d)\tif 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;\n\t(e)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(2)\tAn authorised officer may also—\n\t(a)\trequire 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\n\t(b)\tgive such directions to persons at the Centre or other premises of the Trust that the authorised officer considers necessary for—\n\t(i)\tthe 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\n\t(ii)\tthe protection of property under the care or control of the Trust; and\n\t(c)\tuse such force as may reasonably be required—\n\t(i)\tfor 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\n\t(ii)\tfor the purposes of seizing goods under section 33; and\n\t(d)\texercise any other prescribed power.\n\t(3)\tAn authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances.\n\t(4)\tFor 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.\n29—Hindering etc authorised officers\n\t(1)\tA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tproduces a document that he or she knows, or ought to know, is false or misleading in a material particular; or\n\t(d)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or\n\t(e)\tuses abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or\n\t(f)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $2 500.\n\t(2)\tA 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.\nPart 5—Official insignia\n30—Interpretation\n\t(1)\tIn this Part—\nofficial insignia means—\n\t(a)\tan official title (declared under section 31); or\n\t(b)\ta logo (declared under section 31); or\n\t(c)\ta combination of the above.\n\t(2)\tFor 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—\n\t(a)\tthe goods; or\n\t(b)\tany covering or container in which the goods are wholly or partly enclosed; or\n\t(c)\tanything placed in or attached to any such covering or container; or\n\t(d)\tanything that is attached to the goods or around which the goods are wrapped or wound.\n31—Official titles and logos\n\t(1)\tThe following are declared to be official titles:\n\t(a)\tAdelaide Festival Centre Trust;\n\t(b)\tAdelaide Festival Centre.\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare some other name under which the Trust may conduct its operations or part of its operations to be an official title; or\n\t(b)\tdeclare a name or a title of an event or activity conducted or promoted by the Trust to be an official title; or\n\t(c)\tdeclare 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.\n\t(3)\tHowever, 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.\n\t(4)\tAn official title declared under this section is not required to be registered or otherwise protected under any other Act.\n\t(5)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n32—Unlawful use of official insignia\n\t(1)\tThe Trust has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the Trust, in the course of a trade or business—\n\t(a)\tuse 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\n\t(b)\tsell goods marked with official insignia; or\n\t(c)\tuse official insignia for the purpose of promoting the sale of goods or services.\nMaximum penalty: $20 000.\n\t(3)\tA person must not, without the consent of the Trust, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $20 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the Trust); and\n\t(b)\tmay be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and\n\t(c)\tmay 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.\n\t(5)\tThe Supreme Court may, on the application of the Trust, grant an injunction to restrain a breach of this section.\n\t(6)\tThe 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.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Trust apart from those subsections.\n33—Seizure etc of goods marked with official insignia\n\t(1)\tIf—\n\t(a)\tgoods apparently intended for a commercial purpose are marked with official insignia; and\n\t(b)\tan authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Trust,\nthe authorised officer may seize those goods.\n\t(2)\tIf goods have been seized under this section and—\n\t(a)\tproceedings are not instituted for an offence against section 32(2) in relation to the goods within 3 months of their seizure; or\n\t(b)\tafter proceedings have been instituted and completed, the defendant is not convicted,\nthe person from whom they were seized is entitled to recover—\n\t(c)\tthe goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and\n\t(d)\tcompensation for any loss suffered by reason of the seizure of the goods.\n\t(3)\tAn action for the payment of compensation under subsection (2) may be brought against the Trust in any court of competent jurisdiction.\n\t(4)\tThe 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.\n\t(5)\tAny 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.\nPart 6—Miscellaneous\n34—Liability for council rates\n\t(1)\tSubject to subsection (2), land owned by the Trust is not rateable under the Local Government Act 1999.\n\t(2)\tIf 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.\n35—Gifts etc\n\t(1)\tThe Trust may accept—\n\t(a)\tgrants, conveyances, transfers and leases of land from the Crown, an instrumentality of the Crown or any other person or body; and\n\t(b)\trights to the use, control, management or occupation of any land; and\n\t(c)\tgifts of personal property of any kind to be used or applied by it for the purposes of this Act.\n\t(2)\tDespite 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.\n36—Ministerial delegation\n\t(1)\tThe 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).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tIn 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.\n37—Approvals by Treasurer\n\t(1)\tAn approval given by the Treasurer under this Act may be—\n\t(a)\tspecific or general; and\n\t(b)\tconditional or unconditional.\n\t(2)\tAn approval given by the Treasurer may be varied or revoked by the Treasurer at any time.\n38—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for the use, care and protection of objects, works, collections or any other property under the care or control of the Trust; and\n\t(b)\tprovide 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\n\t(c)\tprohibit disorderly or offensive behaviour at the Centre or other premises of the Trust; and\n\t(d)\tprohibit 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\n\t(e)\tprohibit or regulate any other conduct or activities for the purposes of—\n\t(i)\tmaintaining good order, and preventing interference with events or activities conducted, at the Centre or other premises of the Trust; and\n\t(ii)\tprotecting property under the care or control of the Trust; and\n\t(f)\tprohibit or regulate the driving, parking or standing of vehicles at the Centre or other premises of the Trust; and\n\t(g)\tprescribe fees for the parking of vehicles at the Centre or other premises of the Trust and provide for their payment and recovery; and\n\t(h)\tprovide 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\n\t(i)\tprovide for the management (including disposal) by, and vesting in, the Trust of unclaimed property; and\n\t(j)\tprovide for the approval by the Trust or an authorised officer of any act or activity that would otherwise be prohibited under the regulations; and\n\t(k)\tprescribe penalties not exceeding $1 250 for breach of any regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide 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.\n\t(4)\tIn proceedings for an offence against a regulation dealing with the driving, parking or standing of vehicles—\n\t(a)\tan 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\n\t(b)\tif 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.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1971\n93\n Adelaide Festival Centre Trust Act 1971\n3.12.1971\n9.12.1971 (Gazette 9.12.1971 p2371)\n1972\n24\n Adelaide Festival Centre Trust Act Amendment Act 1972\n6.4.1972\n6.4.1972\n1973\n65\n Adelaide Festival Centre Trust Act Amendment Act 1973\n6.12.1973\n13.12.1973 (Gazette 13.12.1973 p3266)\n1974\n128\n Adelaide Festival Centre Trust Act Amendment Act 1974\n12.12.1974\n12.12.1974 (Gazette 12.12.1974 p3648)\n1976\n95\n Adelaide Festival Centre Trust Act Amendment Act 1976\n16.12.1976\n23.12.1976 (Gazette 23.12.1976 p2321)\n1982\n22\n Adelaide Festival Centre Trust Act Amendment Act 1982\n18.3.1982\n18.3.1982\n1983\n98\n Adelaide Festival Centre Trust Act Amendment Act 1983\n15.12.1983\n15.12.1983\n1985\n31\n Adelaide Festival Centre Trust Act Amendment Act 1985\n11.4.1985\n25.7.1985 (Gazette 25.7.1985 p210)\n1987\n13\n Statutes Amendment (Finance and Audit) Act 1987\n9.4.1987\n1.10.1987 (Gazette 17.9.1987 p886)\n1993\n75\n Statutes Amendment (Abolition of Compulsory Retirement) Act 1993\n21.10.1993\n1.1.1994: s 2\n1994\n16\n Adelaide Festival Centre Trust (Miscellaneous) Amendment Act 1994\n12.5.1994\n12.5.1994 except s 4—1.1.1994: s 2\n1995\n10\n Adelaide Festival Centre Trust (Trust Membership) Amendment Act 1995\n23.3.1995\n23.3.1995\n1996\n34\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 2)—3.2.1997 (Gazette 19.12.1996 p1923)\n2000\n71\n Adelaide Festival Centre Trust (Composition of Trust) Amendment Act 2000\n7.12.2000\n7.12.2000\n2006\n41\n Statutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 4 (ss 10 & 11)—1.4.2007 (Gazette 29.3.2007 p930)\n2008\n18\n Adelaide Festival Centre Trust (Financial Restructure) Amendment Act 2008\n26.6.2008\n26.6.2008 (Gazette 26.6.2008 p2552)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 7 (ss 13—16)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n19\n Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010\n28.10.2010\nPt 2 (ss 4—14) & Sch 1 (Pt 2 & Pt 9 cll 2 & 14)—12.5.2011 (Gazette 12.5.2011 p1460)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 1 of The Public General Acts of South Australia 1837-1975 at page 79.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nsubstituted by 19/2010 Sch 1 Pt 2\n12.5.2011\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\nomitted under Legislation Revision and Publication Act 2002\n\ns 4\n\n\ns 4(1) before substitution by 19/2010\n\n\nemploying authority\ninserted by 41/2006 s 10(1)\n1.4.2007\nmember of the Council\ndeleted by 71/2000 s 2(a)\n7.12.2000\nofficer of the Council\ndeleted by 71/2000 s 2(a)\n7.12.2000\ntrustee\namended by 71/2000 s 2(b)\n7.12.2000\nthe vesting day\ndeleted by 18/2008 s 4(1)\n26.6.2008\ns 4(1)\nsubstituted by 19/2010 s 4\n12.5.2011\ns 4(2)\namended by 95/1976 s 3\n23.12.1976\n\ndeleted by 18/2008 s 4(2)\n26.6.2008\ns 4(3)\ninserted by 41/2006 s 10(2)\n1.4.2007\nPt 2\n\n\nheading\nsubstituted by 19/2010 s 5\n12.5.2011\nPt 2 Div 1 before substitution by 19/2010\n\n\ns 6 before substitution by 71/2000\namended by 31/1985 s 3\n25.7.1985\n\namended by 75/1993 s 4\n1.1.1994\n\namended by 10/1995 s 2\n23.3.1995\ns 6\nsubstituted by 71/2000 s 3\n7.12.2000\ns 6(4a)\ninserted by 84/2009 s 13\n1.2.2010\ns 10\nsubstituted by 71/2000 s 4\n7.12.2000\ns 13\nsubstituted by 71/2000 s 5\n7.12.2000\ns 16\ndeleted by 84/2009 s 14\n1.2.2010\ns 17\nsubstituted by 84/2009 s 15\n1.2.2010\ns 18\ndeleted by 18/2008 s 5\n26.6.2008\nPt 2 Div 1\nsubstituted by 19/2010 s 6\n12.5.2011\nPt 2 Div 1A\ninserted by 19/2010 s 6\n12.5.2011\nPt 2 Div 1B\ninserted by 19/2010 s 6\n12.5.2011\nPt 2 Div 1C\ninserted by 19/2010 s 6\n12.5.2011\nPt 2 Div 1D\ninserted by 19/2010 s 6\n12.5.2011\nPt 2 Div 2\n\n\nheading\nsubstituted by 19/2010 s 7\n12.5.2011\ns 19\ndeleted by 19/2010 s 8\n12.5.2011\ns 20\n\n\ns 20(1)\namended by 16/1994 s 3(a)\n12.5.1994\n\namended by 18/2008 s 6\n26.6.2008\n\namended by 19/2010 s 9(1)—(3)\n12.5.2011\ns 20(1a)\ninserted by 16/1994 s 3(b)\n12.5.1994\n\nsubstituted by 19/2010 s 9(4)\n12.5.2011\ns 20(2)\namended by 95/1976 s 4\n23.12.1976\n\ndeleted by 19/2010 s 9(5)\n12.5.2011\ns 20A\ninserted by 19/2010 s 10\n12.5.2011\nPt 2 Div 2A\n\n\nheading\ninserted by 19/2010 s 10\n12.5.2011\ns 21\nsubstituted by 41/2006 s 11\n1.4.2007\ns 21(3)\namended by 84/2009 s 16\n1.2.2010\ns 21(13)\n\n\npublic sector agency\namended by 84/2009 s 16\n1.2.2010\ns 22\nsubstituted by 41/2006 s 11\n1.4.2007\ns 23\ndeleted by 18/2008 s 7\n26.6.2008\nPt 2 Div 3 before substitution by 19/2010\n\n\ns 24\n\n\ns 24(1)\namended by 18/2008 s 8(1)\n26.6.2008\ns 24(1a)\namended by 18/2008 s 8(2), (3)\n26.6.2008\nPt 2 Div 3\nsubstituted by 19/2010 s 11\n12.5.2011\nPt 3 before deletion by 19/2010\n\n\ns 25\n\n\ns 25(2)\nsubstituted by 13/1987 s 3\n1.10.1987\ns 25(3)\ndeleted by 13/1987 s 3\n1.10.1987\nPt 3\ndeleted by 19/2010 s 11\n12.5.2011\nPt 3A\ndeleted by 18/2008 s 9\n26.6.2008\nPt 4 before substitution by 18/2008\n\n\ns 29C\ninserted by 95/1976 s 5\n23.12.1976\nPt 3\nPt 4 substituted by 18/2008 s 9\n26.6.2008\nheading\nPt 4 heading substituted as Pt 3 heading by 19/2010 s 12\n12.5.2011\ns 26\ns 29 redesignated as s 26 by 19/2010 s 13\n12.5.2011\ns 29—see s 26\n\n\nPt 4\ninserted by 19/2010 s 14\n12.5.2011\nPt 5 before substitution by 19/2010\n\n\ns 31\namended by 22/1982 s 2\n18.3.1982\n\namended by 98/1983 s 2\n15.12.1983\n\nsubstituted by 16/1994 s 4\n1.1.1994\n\nexpired: s 31(2)—omitted under Legislation Revision and Publication Act 2002\n(30.6.1997)\ns 31A\ninserted by 16/1994 s 4\n1.1.1994\ns 35\n\n\ns 35(2)\namended by 95/1976 s 6(a)\n23.12.1976\n\namended by 34/1996 s 4 (Sch cl 2)\n3.2.1997\ns 35(3)\ninserted by 95/1976 s 6(b)\n23.12.1976\ns 35(4)\ninserted by 95/1976 s 6(b)\n23.12.1976\n\ndeleted by 34/1996 s 4 (Sch cl 2)\n3.2.1997\ns 36\ninserted by 95/1976 s 7\n23.12.1976\n\ndeleted by 34/1996 s 4 (Sch cl 2)\n3.2.1997\ns 37\ninserted by 95/1976 s 7\n23.12.1976\nPt 5\nsubstituted by 19/2010 s 14\n12.5.2011\nPt 6\ninserted by 19/2010 s 14\n12.5.2011\nSchs 1 and 2\ndeleted by 18/2008 s 10\n26.6.2008\nSch 3\ninserted by 95/1976 s 8\n23.12.1976\n\ndeleted by 18/2008 s 10\n26.6.2008\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nAdelaide Festival Centre Trust (Composition of Trust) Amendment Act 2000\n6—Transitional provision\nA trustee holding office immediately before the commencement of section 3 of this Act will continue to hold office in accordance with the terms of the instrument of the trustee's appointment.\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nNote—\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);\n\t(b)\ta person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;\n\t(c)\ta person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;\n\t(d)\ta person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.\n\t(3)\tSubject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and\n\t(b)\tthe Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tthe Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.\n3—Superannuation\n\t(1)\tIf a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(b)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).\n4—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(2)\tA notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(3)\tA notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(4)\tA notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.\n\t(5)\tThe fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nAdelaide Festival Centre Trust (Financial Restructure) Amendment Act 2008, Sch 1\n1—Transitional provision\n\t(1)\tIn this clause—\nprincipal Act means the Adelaide Festival Centre Trust Act 1971.\n\t(2)\tThe repeal of a provision of the principal Act by this Act does not affect any vesting of property before the commencement of this Act (but any property so vested may, after the commencement of this Act, be the subject of a proclamation under section 29 of the principal Act, as enacted by this Act).\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions\n2—Membership of Adelaide Festival Centre Trust\n\t(1)\tIn this clause—\nprincipal Act means the Adelaide Festival Centre Trust Act 1971.\n\t(2)\tA 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—\n\t(a)\tfor the balance of that term of office; and\n\t(b)\ton 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.\n\t(3)\tA 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—\n\t(a)\t1 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\n\t(b)\tsection 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,\nand, in that case, those provisions will not apply for that duration.\n14—Authorised persons under Adelaide Festival Centre Trust Regulations 2007\nA 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).\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—1.1.1994\n\nReprint No 3—12.5.1994\n\nReprint No 4—23.3.1995\n\nReprint No 5—3.2.1997\n\nReprint No 6—7.12.2000\n\n1.4.2007\n\n26.6.2008\n\n1.2.2010\n\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the Act changed from its original intent, as no legislative text was provided. Only a website error page was returned."},"complexity_factors":["No legislative text was retrievable — the input is a website error page, not actual legislation","Cannot assess complexity without access to the substantive provisions of the Act","Score of 1 reflects the absence of analysable content, not the inherent simplicity of the Act itself"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *Adelaide Festival Centre Trust Act 1971* (SA) could not be retrieved. The link provided returned a **\"Page Not Found\"** error from the South Australian legislation website, likely due to a website update that occurred around **24 March 2026** which broke older hyperlinks.\n\n**What we do know about this Act generally:**\nThe *Adelaide Festival Centre Trust Act 1971* is a South Australian law that established the **Adelaide Festival Centre Trust** — the body responsible for managing and operating the Adelaide Festival Centre (a major arts and entertainment precinct in Adelaide's CBD). It governs things like:\n- How the Trust is constituted (who sits on it and how they're appointed)\n- The Trust's powers and responsibilities for managing the venue\n- Financial and reporting obligations\n- Any restrictions on how the Centre can be used\n\n**Who does this affect?** Primarily the Trust itself, its board members, staff, and indirectly anyone who uses or attends events at the Adelaide Festival Centre.\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act by name."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended several times since enactment. Later amendments reworked governance and operational detail (for example, new divisions addressing membership, committees and conflict of interest were inserted—see Part 2 Div 1A, Div 1B, Div 1C, Div 1D as added by later amendment entries), introduced explicit broad commercial powers (s 20A inserted), changed staffing arrangements and the role of an employing authority (s 21 substituted/updated), and updated financial and property provisions (including the Governor’s transfer power at s 26 as set out in the current text). The legislative history lists specific amending Acts and dates that substituted or inserted these parts (see entries for 41/2006, 19/2010, 18/2008 and others). Collectively, those changes have expanded and clarified the Trust’s commercial, staffing and governance arrangements compared with earlier versions of the Act."},"complexity_factors":["Multiple layers of decision‑making: Governor appointments, Minister general control, Treasurer approvals for certain financial powers (ss 6, 10, 20A(3)).","Separation of employment authority from the Trust: employing authority employs staff and the Trust cannot directly employ (s 21(1), (11)), creating inter‑agency operational complexity.","Broad delegation and regulation powers that shift many details to instruments or subordinate rules (ss 12, 36, 38(3)(c)).","Governor’s power to transfer Trust assets and liabilities by proclamation, operating despite other laws (s 26), which is a powerful and potentially complex legal mechanism.","Commercial and intellectual property powers alongside enforcement tools (ss 20A, 31–33) create legal and compliance interfaces with private sector actors.","Detailed authorised‑officer powers and associated offence provisions create operational enforcement and civil‑penalty interactions (ss 27–29, 33).","Numerous amendment and transitional provisions reflected in the legislative history affecting scope and interpretation (Legislative history entries)."],"plain_english_summary":"What this law does\n\n- Establishes a statutory body called the Adelaide Festival Centre Trust (the Trust) and gives it corporate status and legal personality (s 5). The Trust holds property on behalf of the Crown (s 5(2)(d)).\n\n- Sets out how the Trust is formed and governed: number and composition of members, appointment and removal, meeting rules and quorum, minutes, committees and delegation rules (ss 6–14). At least two members of each gender must be appointed (s 6(3)). Members are appointed by the Governor, largely on Ministerial nomination (s 6). The Governor appoints the presiding member (s 6(4)).\n\n- Defines the Trust’s principal functions and commercial and administrative powers: encouraging and facilitating arts activity across the State and managing the Adelaide Festival Centre (s 20); providing advisory services and, after consulting the Minister, offering ticketing and related services to others (s 20(1)(c)–(d)); and a broad list of powers that allow the Trust to contract, sell goods and services, accept sponsorship and grants, run venues, regulate admission, grant advertising and broadcast rights, borrow money and hold intellectual property (s 20A). Some financial actions (acquiring shares or borrowing) require Treasurer approval (s 20A(3)).\n\n- Establishes staffing arrangements that separate the Trust from direct employment power: an employing authority (designated by proclamation) employs staff for the Trust’s operations; the Trust itself does not employ staff (s 21(1), (11)). Terms and directions about staff are controlled by the employing authority and subject to ministerial direction on broad matters (s 21(2), (5)), but the Minister may not direct on appointment, transfer, remuneration, discipline or termination of a particular person (s 21(6)). The Trust may be required to make payments in respect of employment matters at the direction of the Minister, Treasurer or employing authority (s 21(10)).\n\n- Requires the Trust to prepare budgets and financial accounts, submit them to the Minister and have its accounts audited by the Auditor‑General; the Trust needs Ministerial approval to spend outside an approved budget (ss 23–25). The Trust can accept gifts and grants and is exempt from stamp duty on instruments bringing land or interests to it (s 35).\n\n- Gives the Governor power to transfer Trust assets or liabilities to a Minister by proclamation (s 26), subject to not overriding express trust conditions (s 26(3)). Such transfers operate despite other laws (s 26(4)).\n\n- Authorises appointment of authorised officers (and makes police officers authorised officers by default), including powers to require identification, remove people from Trust premises, seize goods marked with protected insignia and detain or hand persons to police where offences are suspected (ss 27–29, 33). Refusing or obstructing an authorised officer, or providing false information, is an offence (s 29).\n\n- Declares official titles and logos and gives the Trust proprietary rights in its official insignia; it is an offence to use those insignia in trade without consent, with penalties and civil remedies available, and authorised officers may seize unauthorised commercial goods bearing the insignia (ss 30–33). Consents can be conditional and revoked (s 32(4)).\n\n- Prescribes that land owned by the Trust is not rateable, but an occupier who is not the Crown or a Crown agency will be liable for council rates (s 34).\n\n- Enables regulations covering conduct at the Centre (parking, smoking, eating, behaviour, fees, enforcement and penalties) and gives broad regulation-making power to the Governor (s 38).\n\nWho pays and who decides (mechanics and incentives)\n\n- Funding and spending: The Trust must prepare a budget and cannot spend outside an approved budget without Ministerial consent (s 23(1), (5)). The Trust can also generate revenue commercially (ticketing, food and beverage sales, sponsorship, advertising, licensing and sales of merchandise) (s 20A(f),(i),(j),(l),(m)). The Treasurer’s approval is required for borrowing or acquiring corporate shares (s 20A(3)), creating a fiscal check on more significant commercial leverage.\n\n- Employment costs and control: The employing authority is the legal employer for staff engaged to support Trust operations and sets terms (s 21(1)–(3)). The Trust cannot directly employ staff (s 21(11)). The Minister, Treasurer or employing authority can direct the Trust to make employment-related payments (s 21(10)). Those arrangements concentrate payroll and personnel financial obligations outside the Trust itself, while giving the employing authority and Minister operational direction.\n\n- Property and asset risk: The Governor can transfer Trust assets and liabilities to a Minister by proclamation (s 26), operating despite other laws (s 26(4)). That power creates a mechanism by which ownership or responsibility for assets can be shifted to Ministers, subject to not contradicting express trust conditions (s 26(3)).\n\n- Commercial use of insignia: The Trust controls use of its name and logo and may charge or condition consent for commercial uses (s 32(4)). This creates a revenue opportunity and an enforcement role for the Trust; unauthorised commercial use can attract criminal penalties and civil remedies (s 32(2)–(3), (5)–(6)).\n\nCompliance burden and enforcement\n\n- Businesses and persons using Trust names, logos or selling goods labelled with the Trust’s insignia must obtain consent or risk penalties up to $20,000 and seizure of goods (ss 32–33).\n\n- The Trust must meet corporate governance requirements (regular meetings, minutes, quorum, annual reporting and audited accounts) and obtain Ministerial approval for budgets and significant actions; noncompliance risks Ministerial intervention (ss 8, 23–25).\n\n- Authorised officers have powers to remove people, require identity, seize goods, and use reasonable force; obstructing them is an offence with a monetary penalty (ss 27–29, 33).\n\nDiscretion and administrative trade‑offs\n\n- The Act delegates substantial discretion. The Minister has general control over the Trust (s 10(1)) but cannot direct artistic content, handling of gifts, or advice the Trust gives (s 10(2)). The Trust may itself delegate powers in writing and revoke delegations (s 12). The Minister and Treasurer may also delegate some of their functions (ss 36, 37). Regulations may give the Minister, the Trust or others broad determination power (s 38(3)(c)).\n\n- Because the Trust’s commercial powers are broad (s 20A) but subject to Ministerial/Treasurer approvals for certain financial steps (s 20A(3), s 23), the Act creates a split between operational commercial flexibility and oversight of financial risk.\n\nCosts, incentives, and likely behavioural effects (mechanistic, not prescriptive)\n\n- The Trust is enabled to behave like a commercial venue operator (sell tickets, licence rights, sell food and merchandise, accept sponsorship, borrow), so it has financial incentives to monetise programming and venue services (s 20A). That creates potential competition with private operators in ticketing, catering and merchandising markets (s 20A(d),(l)).\n\n- Because the employing authority (not the Trust) employs staff, administrative and HR decisions are channelled through that authority; the Trust’s operational control over people is limited by that employment structure (s 21). That may raise transaction or coordination costs when the Trust seeks quick staffing changes or specialised hires.\n\n- Donors of property should note the Governor’s power to transfer assets and liabilities to a Minister (s 26), although the Act protects assets held on express trust from inconsistent transfers (s 26(3)).\n\n- Use of official insignia is monetisable and enforceable, creating an income stream and enforcement cost; businesses must secure consent or face penalties and seizure (ss 32–33).\n\nImplementation risks and opportunity costs\n\n- Significant reliance on ministerial and Treasurer approvals (s 23, s 20A(3)) and on delegation instruments (s 12, s 36) concentrates discretion and creates points where political or fiscal choices will determine program scope.\n\n- The separation of employing authority and the Trust (s 21) may simplify public employment administration but limits the Trust’s direct control over its workforce and could slow operational responsiveness.\n\n- Broad regulation-making power (s 38) means many operational details are left to subordinate rules; compliance obligations for the public and businesses may therefore rise or change over time depending on regulations.\n\nSummary of why it matters\n\n- The Act sets up and operationally frames the public instrument that manages a major cultural venue: who governs it, how it raises and spends money, how it employs staff, the commercial rights it may exercise (including use of its name and logos), and enforcement powers on its premises. Those mechanical choices determine where costs and decisions sit (Crown/Minister, Trust, employing authority, private users), the revenue levers available to the Trust, and the administrative checks (budgets, Treasurer approvals, audits) that constrain its financial risk-taking.\n\n(References in parentheses are to sections of the Adelaide Festival Centre Trust Act 1971 cited above.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1971 purpose of establishing a venue management body. Major expansions include: (1) 2010 amendments adding extensive commercial powers (investing, borrowing, joint ventures, intellectual property rights) far beyond simple venue management; (2) 2006/2009 amendments inserting complex public sector employment frameworks; (3) addition of enforcement powers and brand protection provisions (Parts 4-5) resembling police and trademark legislation; (4) ticketing services powers allowing the Trust to operate statewide and even interstate; and (5) multiple governance restructures changing from 'trustees' to 'members' with detailed conflict-of-interest provisions. The Trust has evolved from a simple arts venue operator into a diversified cultural business with commercial, enforcement, and advisory functions."},"complexity_factors":["Multiple divisions and subdivisions (6 Parts, with Divisions 1, 1A, 1B, 1C, 1D, 2, 2A, 3) creating structural fragmentation","Cross-references to other Acts including Public Sector (Honesty and Accountability) Act 1995, Public Sector Act 2009, Public Finance and Audit Act 1987, and Superannuation Act 1988","Conditional powers requiring Ministerial or Treasurer approval for certain activities (e.g., borrowing money, share acquisitions, extending services outside expertise)","Detailed procedural requirements for meetings including quorum calculations, electronic meeting rules, and circular resolution procedures","Extensive legislative history showing multiple amendments (1971-2010) with renumbering and restructuring of Parts","Transitional provisions in schedules dealing with employment transfers and superannuation arrangements","Specific gender quota requirements for board composition (at least 2 women and 2 men)","Complex staffing arrangements where the Trust itself cannot employ staff but must use a separate 'employing authority'"],"plain_english_summary":"This South Australian law creates and governs the **Adelaide Festival Centre Trust** — a government body that runs the Adelaide Festival Centre (a major performing arts venue).\n\n**What it does:**\n- **Establishes the Trust** as a legal entity (a \"body corporate\") that can own property, enter contracts, and sue or be sued\n- **Sets up the board**: Up to 8 members appointed by the Governor, with at least 2 women and 2 men required. One member is nominated by the City of Adelaide council, the rest by the Minister\n- **Defines what the Trust does**: Manages the Festival Centre buildings, promotes arts and culture across South Australia, provides ticketing services, and can run events, publish materials, and even invest or borrow money (with Treasurer approval)\n- **Protects artistic independence**: The Minister cannot interfere with artistic content or programming decisions\n- **Creates enforcement powers**: Authorised officers can remove troublemakers from the venue, demand identification, and seize counterfeit merchandise\n- **Protects the brand**: Makes it illegal to use the Trust's name or logos without permission (with fines up to $20,000)\n\n**Who it affects:**\n- Arts workers, performers, and audiences using the Festival Centre\n- Staff employed by the Trust (though they're technically employed by a separate \"employing authority\", not the Trust itself)\n- Businesses wanting to use the Festival Centre name or sell merchandise\n- The City of Adelaide council (which gets one board seat)\n\n**Why it matters:**\nThis law keeps the state's premier performing arts venue running while ensuring it remains independent from political interference in artistic decisions. It also gives the Trust commercial flexibility — it can run bars, sell tickets for other events, and enter business partnerships — while remaining accountable through annual budgets, audits, and reports to Parliament."}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-festival-centre-trust-act-1971","history":"/api/acts/adelaide-festival-centre-trust-act-1971/history","analysis":"/api/acts/adelaide-festival-centre-trust-act-1971/analysis","conflicts":"/api/acts/adelaide-festival-centre-trust-act-1971/conflicts","importantCases":"/api/acts/adelaide-festival-centre-trust-act-1971/important-cases","documents":"/api/acts/adelaide-festival-centre-trust-act-1971/documents"}}