{"id":"adelaide-festival-corporation-act-1998","name":"Adelaide Festival Corporation Act 1998","slug":"adelaide-festival-corporation-act-1998","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31413,"registerId":"sa-adelaide-festival-corporation-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide Festival Corporation Act 1998","content":"South Australia\nAdelaide Festival Corporation Act 1998\nAn Act to establish the Adelaide Festival Corporation; to provide for the conduct of the Adelaide Festival of Arts; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Establishment of Adelaide Festival Corporation\n4\tEstablishment of Adelaide Festival Corporation\nPart 3—Functions and powers of Corporation\n5\tFunctions of the Corporation\n6\tPowers\nPart 4—Management of Corporation\nDivision 1—Board\n7\tEstablishment of board\nDivision 1A—Membership, proceedings etc\n8\tComposition of board\n9\tConditions of membership\n12\tProceedings\n13\tValidity of acts\n14\tMinisterial control\nDivision 3—Committees and delegations\n15\tCommittees\n16\tDelegation\nDivision 3A—Conflict of interest under Public Sector (Honesty and Accountability) Act\n17\tConflict of interest under Public Sector (Honesty and Accountability) Act\nDivision 3B—Common seal and execution of documents\n18\tCommon seal and execution of documents\nDivision 4—Financial matters and annual reports\n18A\tAnnual budget\n19\tAccounts and audit\n20\tAnnual report\nDivision 5—Staffing arrangements\n20A\tStaffing arrangements\nPart 5—Authorised officers\n21\tAppointment of authorised officers\n22\tPowers of authorised officers\n23\tHindering etc authorised officers\nPart 6—Official insignia\n24\tInterpretation\n25\tOfficial titles and logos\n26\tUnlawful use of official insignia\n27\tSeizure etc of goods marked with official insignia\nPart 7—Miscellaneous\n28\tGifts etc\n29\tMinisterial delegation\n30\tApprovals by Treasurer\n31\tRegulations\nSchedule—Transitional provisions\n1\tTransfer of staff\n2\tTransfer of assets and liabilities\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 Corporation Act 1998.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nauthorised officer—see Part 5;\nboard means the board established as the governing authority of the Corporation under section 7;\nCorporation means the Adelaide Festival Corporation established under this Act;\nemploying authority means the person designated by proclamation as being the employing authority for the purposes of this definition;\nmember means member of the board;\noccupy, in relation to premises, means have, or be entitled to, possession or control of the premises;\nofficial insignia—see Part 6;\npremises of the Corporation means premises owned or occupied by the Corporation;\npromote, in relation to an event or activity, includes organise, commission, fund, support, market, advertise or act as project manager.\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—Establishment of Adelaide Festival Corporation\n4—Establishment of Adelaide Festival Corporation\n\t(1)\tThe Adelaide Festival Corporation is established.\n\t(2)\tThe Corporation—\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.\nPart 3—Functions and powers of Corporation\n5—Functions of the Corporation\nThe functions of the Corporation are—\n\t(a)\tto conduct in Adelaide and other parts of the State the multifaceted arts event that is known as the Adelaide Festival of Arts;\n\t(b)\tto continue and further develop the Adelaide Festival of Arts as an event of international standing and excellence;\n\t(c)\tto conduct or promote other events and activities;\n\t(d)\tto provide advisory, consultative, managerial or support services within areas of the Corporation's expertise;\n\t(e)\tto undertake other activities that promote the arts or public interest in the arts, or that otherwise involve an appropriate use of its resources;\n\t(f)\tto carry out other functions assigned to the Corporation by or under this or any other Act, or by the Minister.\n6—Powers\n\t(1)\tThe Corporation 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 Corporation 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 any 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) on premises of the Corporation;\n\t(i)\tregulate and control admission to any venue for any events or activities conducted or promoted by the Corporation, 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 Corporation;\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 Corporation;\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 Corporation;\n\t(m)\tgrant or dispose of rights to televise, broadcast or record any events or activities conducted or promoted by the Corporation;\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 Corporation must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(s) or (t).\n\t(3a)\tThe Corporation 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(4)\tThe Corporation may exercise its powers within or outside of the State.\nPart 4—Management of Corporation\nDivision 1—Board\n7—Establishment of board\n\t(1)\tThere will be a board to act as the governing authority of the Corporation.\n\t(2)\tThe functions and powers of the Corporation may be performed and exercised by the board and decisions made by the board are decisions of the Corporation.\nDivision 1A—Membership, proceedings etc\n8—Composition of board\n\t(1)\tThe board will consist of not more than 8 members appointed by the Governor, of whom—\n\t(a)\t1 will be selected from a panel of 3 persons nominated by The Corporation of the City of Adelaide; and\n\t(b)\tthe remainder will be nominated by the Minister.\n\t(2)\tAt least 2 members must be women and at least 2 must be men.\n\t(3)\tThe Governor will appoint 1 of the members nominated by the Minister to be the presiding member.\n\t(4)\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.\n9—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 board's affairs or the board 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)\tis absent without leave of the presiding member of the board from 3 consecutive meetings of the board; or\n\t(f)\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.\n12—Proceedings\n\t(1)\tA quorum of the board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one.\n\t(2)\tIn the absence of the presiding member at a meeting of the board, 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 board.\n\t(4)\tEach member present at a meeting of the board has one 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 board 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 board 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 board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the board; and\n\t(b)\ta majority of the members expresses concurrence in the proposed resolution by letter or by fax or other written communication setting out the terms of the resolution.\n\t(6a)\tThe board must meet at least 6 times in each year.\n\t(7)\tThe board must have accurate minutes kept of its proceedings.\n\t(8)\tSubject to this Act, the board may determine its own procedures.\n\t(9)\tSubject to the directions of the board and section 15, this section applies to a committee of the board in the same way as to the board.\n13—Validity of acts\nAn act or proceeding of the board or a committee of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n14—Ministerial control\n\t(1)\tSubject to subsection (2), the board 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 Corporation; or\n\t(ii)\tperformances or other events or activities conducted or promoted by the Corporation; or\n\t(b)\tas to the manner in which the board is to deal with a testamentary or other gift; or\n\t(c)\tas to any advice or recommendation that the board makes or is required to make to the Minister.\nDivision 3—Committees and delegations\n15—Committees\n\t(1)\tThe board may establish such committees (including advisory or subcommittees) as the board thinks fit.\n\t(2)\tThe membership and conditions of membership of a committee will be determined by the board and may, but need not, consist of, or include, members of the board.\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 board;\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n16—Delegation\n\t(1)\tThe board may delegate a function or power of the board 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 board 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 3A—Conflict of interest under Public Sector (Honesty and Accountability) Act\n17—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the board 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 3B—Common seal and execution of documents\n18—Common seal and execution of documents\n\t(1)\tThe common seal of the Corporation must not be affixed to a document except in pursuance of a decision of the board and the fixing of the seal must be attested by the signatures of 2 members of the board.\n\t(2)\tThe board may, by instrument under the common seal of the Corporation, authorise a person or persons (whether nominated by name or by office or title) to execute documents on behalf of the Corporation subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), the board may authorise 2 or more persons to execute documents jointly on behalf of the Corporation.\n\t(4)\tA document is duly executed by the Corporation if—\n\t(a)\tthe common seal of the Corporation is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Corporation 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 Corporation, it will be presumed, in the absence of proof to the contrary, that the common seal of the Corporation was duly affixed to the document.\nDivision 4—Financial matters and annual reports\n18A—Annual budget\n\t(1)\tThe board 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 Corporation'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 board 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 board is not required to have the approval of the Minister with respect to the expenditure of money received by the Corporation by way of a testamentary or other gift.\n19—Accounts and audit\n\t(1)\tThe board must cause proper accounting records to be kept in relation to the financial affairs of the Corporation, 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 Corporation and must audit the annual statements of account.\n20—Annual report\n\t(1)\tThe board must, on or before 30 September in every year, forward to the Minister a report on the work and operations of the Corporation for the preceding financial year.\n\t(2)\tThe report must contain the audited statements of account of the Corporation 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.\nDivision 5—Staffing arrangements\n20A—Staffing arrangements\n\t(1)\tThe employing authority may employ staff to perform functions in connection with the operations or activities of the Corporation.\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 will not affect the continuity of employment of a person under this section.\n\t(10)\tThe Corporation 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 Corporation does not have the power to employ any person.\n\t(12)\tThe Corporation 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.\nPart 5—Authorised officers\n21—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.\n22—Powers of authorised officers\n\t(1)\tIf an authorised officer reasonably suspects that a person, while on premises of the Corporation, 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 those premises immediately and not to return for a stated period (not exceeding 24 hours) or not to enter 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 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 on premises of the Corporation in contravention of this Act; and\n\t(b)\tgive such directions to persons on premises of the Corporation 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, on those premises; or\n\t(ii)\tthe protection of property under the care or control of the Corporation; and\n\t(c)\tuse such force as may reasonably be required—\n\t(i)\tfor the purpose of removing or excluding from premises of the Corporation 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 27; 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 premises of the Corporation includes a reference to a part of those premises.\n23—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 6—Official insignia\n24—Interpretation\n\t(1)\tIn this Part—\nofficial insignia means—\n\t(a)\tan official title (declared under section 25); or\n\t(b)\ta logo (declared under section 25); 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.\n25—Official titles and logos\n\t(1)\tAdelaide Festival Corporation is declared to be an official title.\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare some other name under which the Corporation 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 Corporation 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 Corporation or a particular event or activity conducted or promoted by the Corporation.\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.\n26—Unlawful use of official insignia\n\t(1)\tThe Corporation has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the Corporation, in the course of a trade or business—\n\t(a)\tuse a name in which the Corporation 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 Corporation, 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 Corporation); 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 Corporation 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 Corporation, 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 Corporation, order the convicted person to pay compensation of an amount fixed by the court to the Corporation.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Corporation apart from those subsections.\n27—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 Corporation,\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 26(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 Corporation 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 7—Miscellaneous\n28—Gifts etc\n\t(1)\tThe Corporation 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 Corporation or on any contract or instrument executed by the Corporation for the purpose of disposing of any property.\n29—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.\n30—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.\n31—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 Corporation; and\n\t(b)\tprovide for the admission, exclusion or expulsion of members of the public to or from premises of the Corporation or a part of those premises; and\n\t(c)\tprohibit disorderly or offensive behaviour on premises of the Corporation; and\n\t(d)\tprohibit or regulate eating, drinking (including liquor), smoking or the consumption of unlawful substances on premises of the Corporation or a part of 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, on premises of the Corporation; and\n\t(ii)\tprotecting property under the care or control of the Corporation; and\n\t(f)\tprohibit or regulate the driving, parking or standing of vehicles on premises of the Corporation; and\n\t(g)\tprescribe fees for the parking of vehicles on premises of the Corporation 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 Corporation of unclaimed property; and\n\t(j)\tprovide for the approval by the board 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 board 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.\nSchedule—Transitional provisions\n1—Transfer of staff\n\t(1)\tThe Governor may, by proclamation, declare that a person who is, immediately before the commencement of this clause, employed or engaged for any purpose associated with the conduct of the Adelaide Festival of Arts is to be employed in a position in the employment of the Corporation (and such a proclamation will have effect according to its terms).\n\t(2)\tThe transfer of a person's employment under subclause (1)—\n\t(a)\tdoes not constitute a termination of a pre-existing employment agreement; and\n\t(b)\tdoes 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(3)\tThe Governor may, by proclamation, make any transitional or ancillary provision that may be necessary or expedient in connection with the operation of subclause (1).\n2—Transfer of assets and liabilities\n\t(1)\tThe Minister may, by instrument in writing, vest assets or liabilities of the Minister associated with the Adelaide Festival of Arts in the Corporation.\n\t(2)\tAn instrument under subclause (1) may, in relation to assets or liabilities of the Minister associated with the Adelaide Festival of Arts, be expressed to operate—\n\t(a)\tin relation to all assets or liabilities;\n\t(b)\tin relation to various classes of assets or liabilities;\n\t(c)\tin relation to specific assets or liabilities.\n\t(3)\tAn instrument under subclause (1) may make other provisions that in the opinion of the Minister are necessary or expedient in connection with the vesting of assets or liabilities.\n\t(4)\tThe vesting of assets or liabilities under this clause operates by force of this clause and despite the provisions of any other law or instrument.\n\t(5)\tThe Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a vesting under this clause.\n\t(6)\tNo fee is payable in respect of an application under subclause (5).\n\t(7)\tNothing done under this clause—\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.\n\t(8)\tIn this clause—\nasset means—\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,\n(and includes a present or future cause of action in favour of the Minister);\nliability means a present, contingent or future liability or obligation (including a non‑pecuniary obligation and a present or future cause of action against the Minister).\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\n1998\n73\nAdelaide Festival Corporation Act 1998\n17.12.1998\n1.4.1999 (Gazette 18.3.1999 p1424)\n2006\n41\nStatutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 5 (ss 12—14)—1.4.2007 (Gazette 29.3.2007 p930)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 8 (ss 17 & 18)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n19\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010\n28.10.2010\nPt 3 (ss 15—28) & Sch 1 (Pt 3 & Pt 9 cll 3 & 13)—12.5.2011 (Gazette 12.5.2011 p1460)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(1)\namended by 19/2010 s 15(1)\n12.5.2011\nauthorised officer\ninserted by 19/2010 s 15(2)\n12.5.2011\nboard\nsubstituted by 19/2010 s 15(2)\n12.5.2011\nemploying authority\ninserted by 41/2006 s 12(1)\n1.4.2007\nlogo\ndeleted by 19/2010 s 15(3)\n12.5.2011\nmember\ninserted by 19/2010 s 15(3)\n12.5.2011\noccupy\ninserted by 19/2010 s 15(3)\n12.5.2011\nofficial insignia\nsubstituted by 19/2010 s 15(3)\n12.5.2011\nofficial symbol\ndeleted by 19/2010 s 15(3)\n12.5.2011\nofficial title\ndeleted by 19/2010 s 15(3)\n12.5.2011\npremises of the Corporation\ninserted by 19/2010 s 15(3)\n12.5.2011\npromote\nsubstituted by 19/2010 s 15(3)\n12.5.2011\ns 3(2)\ndeleted by 19/2010 15(4)\n12.5.2011\ns 3(3)\ninserted by 41/2006 s 12(2)\n1.4.2007\nPt 2\n\n\ns 4\n\n\ns 4(2)\nsubstituted by 19/2010 Sch 1 Pt 3\n12.5.2011\ns 4(3)\ndeleted by 19/2010 Sch 1 Pt 3\n12.5.2011\nPt 3\n\n\nheading\nsubstituted by 19/2010 s 16\n12.5.2011\ns 6\n\n\ns 6(1)\nsubstituted by 19/2010 s 17(1)\n12.5.2011\ns 6(2) before substitution by 19/2010\n(a) deleted by 41/2006 s 13\n1.4.2007\ns 6(2)\nsubstituted by 19/2010 s 17(1)\n12.5.2011\ns 6(3a)\ninserted by 19/2010 s 17(2)\n12.5.2011\ns 6(4)\namended by 19/2010 s 17(3)\n12.5.2011\nPt 4\n\n\nheading\nsubstituted by 19/2010 s 18\n12.5.2011\nPt 4 Div 1A\n\n\nheading\ninserted by 19/2010 s 19\n12.5.2011\nss 8 and 9\nsubstituted by 19/2010 s 20\n12.5.2011\nss 10 and 11\ndeleted by 19/2010 s 20\n12.5.2011\ns 12\n\n\ns 12(2)\namended by 19/2010 s 21(1)\n12.5.2011\ns 12(6)\namended by 19/2010 s 21(2)\n12.5.2011\ns 12(6a)\ninserted by 19/2010 s 21(3)\n12.5.2011\ns 12(9)\ninserted by 19/2010 s 21(4)\n12.5.2011\ns 13\nsubstituted by 84/2009 s 17\n1.2.2010\n\nsubstituted by 19/2010 s 22\n12.5.2011\ns 14\ndeleted by 84/2009 s 17\n1.2.2010\ns 14\ninserted by 19/2010 s 22\n12.5.2011\ns 15\ndeleted by 84/2009 s 17\n1.2.2010\nPt 4 Div 2\ndeleted by 19/2010 s 23\n12.5.2011\nPt 4 Div 3\n\n\ns 15\ns 17 redesignated as s 15 by 19/2010 s 24(2)\n12.5.2011\ns 15(2)\ns 17(2) amended by 19/2010 s 24(1)\n12.5.2011\ns 17—see s 15\n\n\nPt 4 Div 3B\n\n\ns 16\ninserted by 19/2010 s 25\n12.5.2011\ns 18\ndeleted by 19/2010 s 25\n12.5.2011\nPt 4 Div 3A\ninserted by 19/2010 s 26\n12.5.2011\nPt 4 Div 3B\ninserted by 19/2010 s 26\n12.5.2011\nPt 4 Div 4\n\n\ns 18A\ninserted by 19/2010 s 27\n12.5.2011\nPt 4 Div 5\ninserted by 41/2006 s 14\n1.4.2007\ns 20A\n\n\ns 20A(3)\namended by 84/2009 s 18\n1.2.2010\ns 20A(13)\n\n\npublic sector agency\namended by 84/2009 s 18\n1.2.2010\nPt 5\nsubstituted by 19/2010 s 28\n12.5.2011\nPt 6\ninserted by 19/2010 s 28\n12.5.2011\nPt 7\ninserted by 19/2010 s 28\n12.5.2011\nTransitional etc provisions associated with Act or amendments\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.\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions\n3—Membership of board under Adelaide Festival Corporation Act 1998\n\t(1)\tIn this clause—\nprincipal Act means the Adelaide Festival Corporation Act 1998.\n\t(2)\tA member of the board (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 3 of this Act had been in force when he or she was appointed or last re‑appointed a member of the board and that appointment had been made under the principal Act as so amended.\n\t(3)\tA member 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, 1 or more of the provisions of section 8 of the principal Act as amended by Part 3 of this Act (relating to the composition of the board) may not be complied with, and, in that case, those provisions will not apply for that duration.\n13—Names, titles and logos declared under Adelaide Festival Corporation Act 1998\n\t(1)\tA name declared by the Minister by notice in the Gazette under section 22 of the Adelaide Festival Corporation Act 1998 and in force immediately before the commencement of Part 3 section 28 of this Act will, on that commencement, be taken to be an official title declared under section 22 of the Act as amended by Part 3 section 28 of this Act.\n\t(2)\tA name or title declared by the Minister by notice in the Gazette under section 23 of the Adelaide Festival Corporation Act 1998 and in force immediately before the commencement of Part 3 section 28 of this Act will, on that commencement, be taken to be an official title declared under section 22 of the Act as amended by Part 3 section 28 of this Act.\n\t(3)\tA logo declared by the Minister by notice in the Gazette under section 23 of the Adelaide Festival Corporation Act 1998 and in force immediately before the commencement of Part 3 section 28 of this Act will, on that commencement, be taken to be a logo declared under section 22 of the Act as amended by Part 3 section 28 of this Act.\nHistorical versions\n1.4.2007\n\n1.2.2010\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s original core purpose — to establish a statutory body to conduct the Adelaide Festival — has been materially expanded by subsequent amendments. Amendments (notably in 2006, 2009 and 2010) broadened governance and administrative provisions (new board composition and appointment rules, ss 8–9), formalised staffing arrangements and the employing authority model (s 20A and Schedule transitional rules), added authorised officer powers and enforcement on Corporation premises (Part 5, ss 21–23), and introduced explicit protection and enforcement mechanisms for official insignia (Part 6, ss 24–27). The 2010 amendments in particular added detailed delegation, conflict‑of‑interest and operational rules, budgeting controls (s 18A), and expanded regulatory powers (s 31). Those changes move the Act beyond a narrow festival‑running instrument to a hybrid entity with explicit commercial powers, statutory brand protection and public‑sector accountability mechanisms, increasing the administrative and regulatory scope of the Corporation’s activities (see ss 5–6, 18A–20, 20A, 21–23, 24–27, 31)."},"complexity_factors":["Multiple Parts and Divisions (7 Parts plus Schedule) covering corporate status, governance, finance, staffing, enforcement, insignia and regulations","About 10–15 defined or important interpretive terms in s 3 (authorised officer, board, employing authority, official insignia, premises of the Corporation, promote, etc.)","Extensive delegation and discretion provisions (board delegations s 16; Ministerial delegation s 29; Treasurer approvals s 30) creating conditional workflows","Cross‑references to other statutes and external authorities (Public Sector Act, Public Finance and Audit Act, Auditor‑General, Treasurer, Governor, Police powers)","Several offences and penalties with different maxima (e.g. s 16(4) delegation conflict penalty, s 23 hindering officer, s 26 unlawful use penalties) and civil remedies (injunctions, compensation, forfeiture)","Transitional provisions and proclamation powers in the Schedule that permit transferring staff, assets and liabilities — adds administrative complexity","Mix of public accountability requirements (audits, budgets, reporting) and commercial powers (borrowing, trading, licensing) requiring dual compliance tracks","Amendment history inserting and deleting whole provisions (notably 2006, 2009, 2010 amendments) — increases interpretation complexity when reading historical instruments"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes the Adelaide Festival Corporation as a statutory body corporate and an instrumentality of the Crown with perpetual succession and the ability to sue and be sued (s 4).\n- Gives the Corporation specific functions: principally to conduct the Adelaide Festival of Arts, develop it as an event of international standing, promote other events and activities, offer advice and support services, and carry out functions assigned by the Minister or other Acts (s 5).\n- Gives the Corporation broad commercial and administrative powers similar to a natural person so it can contract, employ or engage artists and contractors, hold artworks and intellectual property, accept grants and sponsorship, run venues and sell goods (including liquor), license broadcasting rights, borrow money and form joint ventures — but certain powers (acquiring shares or borrowing) need Treasurer approval (s 6, s 6(3), s 30).\n- Creates a governing board (up to 8 members) appointed by the Governor from Ministerial nominations and one nomination from the City of Adelaide; it sets minimum gender representation and appointment terms (ss 7–9). The board is the Corporation’s decision‑maker and may delegate many functions (ss 7, 12, 16).\n- Gives the Minister general control and direction of the board, but prohibits Ministerial directions about artistic content, how to handle gifts, or advice the board provides (s 14).\n- Requires the board to prepare an annual budget for Ministerial approval, keep accounts and have audited financial statements, and deliver an annual report to the Minister (ss 18A, 19, 20).\n- Provides staffing rules: an employing authority (appointed by proclamation) may employ staff for the Corporation, determines their terms, and staff are taken to be Crown employees though not necessarily in the State public service; the Corporation itself cannot directly employ people (s 20A).\n- Authorises authorised officers (including all police) to enforce rules on Corporation premises: they can require names, exclude or remove people, seize goods suspected of unlawful use of official insignia, and detain people until handed to police (ss 21–23, 27).\n- Declares and protects official insignia (official titles and logos) so the Corporation has a proprietary interest in those marks; using them in trade or selling goods marked with those insignia without consent is an offence with civil remedies (ss 24–27).\n- Allows the Governor or Minister to make regulations covering conduct on premises, fees (including parking), admission/exclusion, and penalties for breaches (s 31).\n- Includes transitional provisions for transferring staff, assets and liabilities from the Minister to the Corporation on proclamation (Schedule).\n\n**Who this affects\n\n- The Corporation itself and its board (ss 4, 7–9).\n- The Minister and the Treasurer (s 14, s 30) because of direction, approvals and financial oversight powers.\n- The employing authority (designated by proclamation) and persons employed to run the festival (s 20A, Schedule).\n- Artists, contractors, suppliers, venue operators and commercial vendors who contract with the Corporation or use its marks (s 6, s 26).\n- Traders and merchandisers who might use the Adelaide Festival name or logos — they must obtain consent or risk penalties and seizure of goods (ss 25–27).\n- Members of the public on Corporation premises who are subject to authorised officer directions (ss 21–23).\n\n**Why it matters (official rationale and practical implications)\n\n- The Act formally creates an institutional vehicle to run and develop the Adelaide Festival of Arts and to broaden arts activity under a single corporate entity (s 5). The official rationale is to provide continuity, governance and the ability to operate commercially while being publicly accountable.\n\n- From an operational and fiscal point of view, the Act simultaneously enables commercial activity (ticketing, retail, sponsorship, licensing, borrowing, joint ventures) and subjects the Corporation to public accountability: budget approvals (s 18A), auditing (s 19), annual reporting (s 20), and Treasurer approvals for particular financial actions (s 6(3), s 30).\n\n**Costs, incentives and trade‑offs (what the Act creates in practice)\n\n- Who pays: the Corporation can raise revenue through fees, sales, sponsorship and borrowing (s 6), and it may also receive government grants or gifts (s 28). Budgets and major financial steps are subject to Ministerial or Treasurer oversight (ss 18A, 6(3), 30), so public funds and guarantees are involved indirectly.\n- Who decides: the board decides day‑to‑day and strategic matters (s 7), subject to Ministerial direction on non‑artistic matters (s 14). The Minister and Treasurer retain oversight and approval powers for budgets and certain financial transactions (ss 14, 18A, 6(3), 30).\n- Behavioural effects on private parties: the Corporation can compete commercially (sell goods, run venues, grant rights) and can limit third‑party commercial uses of festival names/logos (ss 6, 26). That creates a requirement for private businesses to seek licences or consents to use official insignia and may exclude unauthorised vendors on Corporation premises (ss 26–27, 31).\n- Compliance burden: commercial users face licensing/consent requirements for insignia (s 26); authorised officers have enforcement powers on premises which can impose operational constraints (ss 21–23); regulated parking and access rules may impose fines or administrative requirements under regulations (s 31).\n- Implementation risks and discretion: the Act vests significant discretion in the Minister, Treasurer, Governor (appointments) and the board (delegations and internal procedures). That produces administrative decision points (appointments, budget modifications, delegation instruments, grant/consent conditions) where policy choices will shape outcomes (ss 8–9, 16, 18A, 29, 30).\n- Effects on competition and private provision: because the Corporation may trade, enter joint ventures, borrow and hold property (s 6), it can act like a commercial event organiser. That could substitute for or compete with private promoters or vendors, depending on how actively the Corporation exercises those powers.\n\n**Implementation and accountability mechanisms to note\n\n- Financial controls: budgets subject to Ministerial approval, annual audits by the Auditor‑General and annual reporting to Parliament (ss 18A, 19, 20).\n- Limit on political interference in artistic matters: Ministerial directions are prohibited where they concern artistic content, gifts or board advice (s 14).\n- Delegation and conflicts: the board may delegate functions in writing but delegates must not act where they have pecuniary or personal interest (s 16); board members receive protections/clarifications about shared industry interests (s 17).\n\n**Key sections to consult for specific powers and obligations\n\n- Establishment and status: s 4.  Functions: s 5.  General powers and Treasurer approval trigger: s 6 (and s 30).  Board composition and appointment: ss 7–9.  Budget and financial reporting: ss 18A–20.  Staffing and employing authority: s 20A.  Authorised officers and enforcement powers: ss 21–23, 27.  Official insignia protection: ss 24–27.  Regulations: s 31.\n\n(References are to sections of the Adelaide Festival Corporation Act 1998.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error, making substantive legal analysis impossible","The only content available is a website error page and navigation links, containing no legal provisions to assess"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully retrieve the text of the *Adelaide Festival Corporation Act 1998* (SA). Instead, it returned a **404 'Page Not Found' error** from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What this means for you:**\n- The actual content of the Act — what it does, who it governs, and what rights or obligations it creates — **cannot be analysed** because the legislative text was not provided.\n- If you need to read this Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the *Adelaide Festival Corporation Act 1998*.\n\n**What we do know about this Act generally:**\nThe *Adelaide Festival Corporation Act 1998* is a South Australian law that establishes the Adelaide Festival Corporation — the statutory body (a government-created organisation) responsible for managing and promoting the Adelaide Festival of Arts. It would typically cover the Corporation's structure, functions, powers, governance, and financial accountability. It primarily affects the Corporation's board members, staff, and those who contract with or are regulated by the Corporation."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing and governing the Adelaide Festival Corporation. While amendments have modernised governance structures (particularly around staffing and brand protection), added authorised officers for venue management, and refined board composition rules, these changes represent operational evolution rather than scope creep. The core functions — conducting the Festival, managing assets, and protecting intellectual property — remain consistent with the 1998 establishment intent."},"complexity_factors":["Moderate length (approximately 80 sections across 7 Parts plus Schedules)","Cross-references to other Acts including Public Sector (Honesty and Accountability) Act 1995, Public Finance and Audit Act 1987, Public Sector Act 2009, and Fair Work Act 1994","Multiple delegation chains (Board can delegate to committees, Minister can delegate powers, employing authority can delegate staffing functions)","Conditional powers requiring Treasurer approval for share acquisitions and borrowing (s 6(3))","Complex staffing arrangements where the Corporation operates activities but a separate 'employing authority' actually employs staff (s 20A)","Transitional provisions in Schedules dealing with historical employment transfers and asset vesting","Specific quorum and meeting procedures for Board including electronic meetings (s 12)","Detailed rules for execution of documents and use of common seal (s 18)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Adelaide Festival Corporation** — a government body that runs the famous Adelaide Festival of Arts and other cultural events. Think of it as the legal \"birth certificate\" and rulebook for the organisation that puts on one of Australia's biggest arts festivals.\n\n**Who it affects:**\n\n*   **The public:** Anyone attending Festival events, using Festival venues, or buying merchandise with Festival branding.\n*   **Artists and businesses:** Those who want to perform at, sponsor, or use the Festival's name/logo (officially called \"official insignia\").\n*   **Staff:** People employed by the Corporation (though notably, the Corporation itself doesn't directly employ staff — a separate \"employing authority\" handles that).\n*   **The Board:** Up to 8 appointed directors who govern the Corporation, including at least 2 women and 2 men.\n\n**Key things the law covers:**\n\n*   **Powers:** The Corporation can do almost anything a person can do — sign contracts, hire artists, sell food and drink, borrow money, acquire art, and protect its brand names and logos.\n*   **Governance:** A Board runs the show, appointed by the Governor (on ministerial advice), with strict rules about meetings, conflicts of interest, and term limits (max 9 years).\n*   **Brand protection:** It's illegal to use the Festival's name or logos for commercial purposes without permission. Authorised officers can seize counterfeit goods.\n*   **Venue control:** Authorised officers (including police) can remove troublemakers from Festival premises, demand ID, and enforce rules.\n*   **Financial oversight:** The Board must submit annual budgets to the Minister, keep proper accounts audited by the Auditor-General, and table annual reports in Parliament.\n*   **Ministerial control:** The Minister can give general directions to the Board, but **cannot** interfere with artistic content, how the Board handles gifts, or advice the Board gives to the Minister.\n\n**Why it matters:**\n\nThis law ensures the Adelaide Festival operates as an independent but accountable government entity. It balances artistic freedom (protected from political interference) with public accountability (budgets, audits, reporting). It also protects the Festival's brand from being exploited by unauthorised businesses."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-festival-corporation-act-1998","history":"/api/acts/adelaide-festival-corporation-act-1998/history","analysis":"/api/acts/adelaide-festival-corporation-act-1998/analysis","conflicts":"/api/acts/adelaide-festival-corporation-act-1998/conflicts","importantCases":"/api/acts/adelaide-festival-corporation-act-1998/important-cases","documents":"/api/acts/adelaide-festival-corporation-act-1998/documents"}}