{"id":"C2004A03760","name":"Australian Sports Commission Act 1989","slug":"australian-sports-commission-act-1989","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"12 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":26338,"registerId":"commonwealth-C2004A03760-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Sports Commission Act 1989.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on a day to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Secretary of the Department.\n\n> Australia includes the external Territories.\n\n> Australian Sports Foundation means the company referred to in section 10.\n\n> Chairperson means the Chairperson of the Commission.\n\n> Commission means the Australian Sports Commission established by this Act.\n\n> Deputy Chairperson means the Deputy Chairperson of the Commission.\n\n> Director means the Director of the Institute.\n\n> Executive Director means the Executive Director of the Commission.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Institute means the Australian Institute of Sport referred to in section 9.\n\n> member means a member of the Commission and includes the Chairperson and the Deputy Chairperson.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extension to external Territories","content":"#### 4 Extension to external Territories\n\n  This Act extends to all external Territories.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Establishment, objects, functions and powers of the Commission","content":"## Part II—Establishment, objects, functions and powers of the Commission","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment","content":"#### 5 Establishment\n\n  (1) There is established by this Act a Commission by the name of the Australian Sports Commission.\n  (2) The Commission:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take notice of the imprint of the common seal of the Commission appearing on a document and shall presume that the document was duly sealed.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Objects","content":"#### 6 Objects\n\n  (1) The objects of the establishment of the Commission are:\n    (a) to provide leadership in the development of sport in Australia;\n    (b) to encourage increased participation and improved performance by Australians in sport;\n    (c) to provide resources, services and facilities to enable Australians to pursue and achieve excellence in sport while also furthering their educational and vocational skills and other aspects of their personal development;\n    (d) to improve the sporting abilities of Australians generally through the improvement of the standard of sports coaches;\n    (e) to foster co‑operation in sport between Australia and other countries through the provision of access to resources, services and facilities related to sport; and\n    (f) to encourage the private sector to contribute to the funding of sport to supplement assistance by the Commonwealth.\n  (2) In this section, a reference to Australians includes a reference to persons who are ordinarily resident in Australia.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions","content":"#### 7 Functions\n\n  (1) The functions of the Commission are:\n    (a) to advise the Minister in relation to the development of sport;\n    (b) to co‑ordinate activities in Australia for the development of sport;\n    (c) to develop and implement programs that promote equality of access to, and participation in, sport by all Australians;\n    (d) to develop and implement programs for the recognition and development of:\n    (i) persons who excel, or who have the potential to excel, in sport; and\n    (ii) persons who have achieved, or who have the potential to achieve, standards of excellence as sports coaches, umpires, referees or officials essential to the conduct of sport;\n    (e) to initiate, encourage and facilitate research and development in relation to sport;\n    (f) to undertake research and development related to sports science and sports medicine;\n    (g) to provide sports medicine services and sports science services to persons participating in programs of the Commission;\n    (h) to establish, manage, develop and maintain facilities for the purposes of the Commission;\n    (j) to collect and distribute information, and provide advice, on matters related to the activities of the Commission;\n    (k) for the purpose of fostering co‑operation in sport between Australia and other countries, to provide access to persons from other countries to the resources, services and facilities of the Commission;\n    (m) to raise money through the Australian Sports Foundation, or by other means, for the purposes of the Commission;\n    (n) to administer and expend money appropriated by the Parliament, or raised in accordance with paragraph (m), for the purposes of the Commission;\n    (p) to consult and co‑operate with appropriate authorities of the Commonwealth, of the States and of the Territories, and with other persons, associations and organisations, on matters related to the activities of the Commission; and\n    (q) to provide advice on matters related to sport to the Australian Olympic Federation or other persons, bodies or associations; and\n    (r) to co‑operate with national and international sporting organisations in aiming to foster a sporting environment that is free from the unsanctioned use of performance enhancing drugs and doping methods.\n  (2) The functions of the Commission may be performed within or outside Australia.\n  (3) The Commission may perform any of its functions in co‑operation with a State or Territory or any person, association or organisation.\n  (4) Subject to subsection (4A) and section 11, the function of the Commission under paragraph (1)(q) may be performed at the discretion of the Commission.\n  (4A) The functions of the Commission may only be performed to the extent that they do not overlap any of the functions of the Chief Executive Officer of Sport Integrity Australia.\n  (5) The Commission may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n    (a) by way of expenditure of money that is available for the purposes of the Commission in accordance with an appropriation made by the Parliament;\n    (b) for purposes related to the collection of statistics;\n    (c) for purposes related to external affairs; and\n    (d) for purposes in relation to a Territory.\n  (6) In this section, Australian Olympic Federation means the Australian Olympic Federation Incorporated, being an association incorporated on 24 April 1985 under the Associations Incorporation Act 1985 of Victoria.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Powers","content":"#### 8 Powers\n\n  (1) The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may:\n    (a) enter into contracts; and\n    (b) acquire, hold and dispose of real or personal property; and\n    (c) occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Commission; and\n    (d) make grants or lend money, and provide scholarships or like benefits; and\n    (e) appoint agents and attorneys, and act as an agent for other persons; and\n    (f) engage persons to perform services for the Commission; and\n    (g) accept gifts, grants, bequests and devises made to the Commission (whether on trust or otherwise) and act as trustee of money or other property vested in the Commission on trust; and\n    (h) erect buildings and structures and carry out works; and\n    (j) obtain commercial sponsorship for the Commission and participate in marketing arrangements involving the endorsement by the Commission of products and services associated with sport; and\n    (k) arrange for the manufacture of, and distribute (whether by way of sale or otherwise), any article or thing bearing a mark, symbol or writing that is associated with the Commission; and\n    (m) provide (whether by sale or otherwise) goods and services to persons using, or otherwise attending at, facilities of the Commission; and\n    (ma) despite subsection 46(2), obtain goods or services on credit from any person by the use of a credit card; and\n    (n) do anything incidental to any of its powers.\n  (2) The Commission may charge such fees, or impose such charges, as are reasonable in respect of:\n    (a) access to, or use of, any of the resources or facilities of the Commission;\n    (b) the provision of programs, services, information or advice by the Commission; and\n    (c) the admission of persons to events and activities conducted by the Commission.\n  (3) The powers of the Commission may be exercised within or outside Australia.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Commission to operate under the name Australian Institute of Sport when performing certain functions","content":"#### 9 Commission to operate under the name Australian Institute of Sport when performing certain functions\n\n  The Commission shall, in connection with the performance of:\n    (a) its functions under paragraphs 7(1)(d), (f), (g) and (h); and\n    (b) such other of its functions (if any) as it considers appropriate;\n  operate under the name “Australian Institute of Sport”.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Australian Sports Foundation","content":"#### 10 Australian Sports Foundation\n\n  (1) As soon as practicable after the commencement of this Act, the Commission shall arrange for the name of the company known as the “Australian Sports Aid Foundation” (being the company that was incorporated in the Australian Capital Territory on 18 February 1986 under the Companies Act 1981 for the purpose of section 8 of the Australian Sports Commission Act 1985) to be changed to the “Australian Sports Foundation”.\n  (2) After the change of name of the company in accordance with subsection (1) the company is not authorised to change its name.\n  (3) The purpose of the company is to raise money for the development of sport in Australia.\n  (4) Except to the extent necessary for the performance of its functions in relation to the Commission, the company is not empowered to do anything that the Commission is not empowered to do.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Minister may give directions","content":"#### 11 Minister may give directions\n\n  (1) Subject to subsection (2), the Minister may give written directions to the Commission with respect to the policies and practices to be followed by the Commission in the performance of its functions, and the exercise of its powers, and the Commission shall comply with the directions.\n  (2) The Minister shall not give a direction to the Commission under subsection (1) unless the Minister:\n    (a) has informed the Commission, in writing, that the Minister is considering giving the direction; and\n    (b) has given the Chairperson an opportunity to discuss the need for the proposed direction with the Minister.\n  (3) The Minister shall cause a copy of each direction given under subsection (1):\n    (a) to be published in the Gazette as soon as practicable after giving the direction; and\n    (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Access to facilities by individuals and community groups","content":"#### 12 Access to facilities by individuals and community groups\n\n  The Commission shall, to the extent that it is practicable to do so having regard to the objects for which it was established and its functions, allow individuals and groups within the community to have access to, and to make use of, the resources, services and facilities of the Commission, whether or not for purposes related to sport.","sortOrder":13},{"sectionNumber":"Part III","sectionType":"part","heading":"Constitution and meetings of the Commission","content":"## Part III—Constitution and meetings of the Commission","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Membership of Commission","content":"#### 13 Membership of Commission\n\n  (1) The Commission shall consist of:\n    (a) the Chairperson; and\n    (b) the Deputy Chairperson; and\n    (ba) the Secretary of the Department; and\n    (c) not fewer than 5 nor more than 10 other members.\n  (2) A member referred to in paragraph (1)(a), (b) or (c) shall be appointed by the Minister.\n  (3) A member referred to in paragraph (1)(a) or (b):\n    (a) may be appointed on a full‑time or part‑time basis; and\n    (b) holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.\n  (4) A member referred to in paragraph (1)(c):\n    (a) shall be appointed on a part‑time basis; and\n    (b) holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.\n  (6) The appointment of a member is not invalid because of a defect or irregularity in connection with the member’s appointment.\n  (7) The exercise of the powers, or the performance of the functions, of the Commission is not affected merely because:\n    (a) there is a vacancy in the office of Chairperson or Deputy Chairperson or the office of Secretary of the Department; or\n    (b) the number of persons appointed under paragraph (1)(c) falls below 5 for not longer than 3 months.\n  (8) A member holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined in writing by the Minister.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Leave of absence","content":"#### 14 Leave of absence\n\n  (1) A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may:\n    (a) if the Chairperson is appointed on a full‑time basis—grant to the Chairperson leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; or\n    (b) if the Chairperson is appointed on a part‑time basis—grant to the Chairperson leave to be absent from a meeting or meetings of the Commission.\n  (3) The Chairperson may:\n    (a) grant to a full‑time member, other than the Chairperson, leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chairperson determines; and\n    (b) grant to a part‑time member, other than the Chairperson, leave to be absent from a meeting or meetings of the Commission.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Resignation","content":"#### 15 Resignation\n\n  (1) The Chairperson may resign the office of Chairperson by writing signed by the Chairperson and delivered to the Minister.\n  (2) The Deputy Chairperson may resign the office of Deputy Chairperson by writing signed by the Deputy Chairperson and delivered to the Minister.\n  (3) An appointed member (other than the Chairperson or Deputy Chairperson) may resign his or her office by writing signed by the member and delivered to the Minister.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Outside employment","content":"#### 16 Outside employment\n\n  (1) A member appointed on a full‑time basis shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of the member.\n  (2) A member appointed on a part‑time basis shall not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Remuneration and allowances","content":"#### 17 Remuneration and allowances\n\n  (1) The Chairperson, the Deputy Chairperson and the other appointed members shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, an appointed member shall be paid such remuneration as is prescribed.\n  (2) An appointed member shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Termination of appointment","content":"#### 19 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n  (2) If an appointed member:\n    (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors;\n    (c) is absent, except on leave of absence granted under section 14, from 3 consecutive meetings of the Commission;\n    (d) being a member appointed on a full‑time basis, engages, without the approval of the Minister, in any paid employment outside the duties of the office of the member; or\n    (e) being a member appointed on a part‑time basis, engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member;\n  the Minister shall terminate the appointment of the member.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Acting appointments","content":"#### 20 Acting appointments\n\n  (1) The Minister may appoint the Deputy Chairperson, or the member appointed to act as Deputy Chairperson, to act as Chairperson:\n    (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a member to act as Deputy Chairperson:\n    (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason (including the reason that the Deputy Chairperson is acting as the Chairperson), unable to perform the duties of the office of Deputy Chairperson.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(c):\n    (a) during a vacancy in the office of that member, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any reason (including the reason that the member is acting as the Chairperson or Deputy Chairperson), unable to perform the duties of the office of member.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Meetings of Commission","content":"#### 21 Meetings of Commission\n\n  (1) The Commission shall hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chairperson:\n    (a) may, at any time, convene a meeting of the Commission; and\n    (b) shall, on receipt of a written request signed by not less than 3 other members, convene a meeting of the Commission.\n  (3) The Minister may, at any time, convene a meeting of the Commission.\n  (4) The Chairperson shall preside at all meetings of the Commission at which he or she is present.\n  (5) Where the Chairperson is not present at a meeting of the Commission, the Deputy Chairperson shall preside, or, if the Deputy Chairperson is not present, the members present shall appoint one of their number to preside at the meeting.\n  (6) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed at or in connection with that meeting.\n  (7) At a meeting:\n    (a) 5 members constitute a quorum;\n    (b) all questions shall be decided by a majority of votes of the members present and voting; and\n    (c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n  (8) Where a majority of the members (being a majority of the members that includes the Chairperson) sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a duly constituted meeting of the Commission held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days.\n  (9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members shall together be taken to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.\n  (10) A member shall not sign, under subsection (8), a document containing a statement in favour of a resolution if the resolution is in respect of a matter in which the member has a material personal interest.\n  (11) The Commission shall keep records of its meetings and records of resolutions taken to have been passed in accordance with subsection (8).\n  (12) The Commission may invite a person to attend a meeting of the Commission for the purpose of advising or informing the Commission on any matter.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Committees","content":"#### 22 Committees\n\n  (1) The Commission may establish such committees as it thinks fit, and a committee shall assist the Commission as directed by the Commission.\n  (2) A committee shall be constituted wholly by members of the Commission or partly by members of the Commission and partly by other persons.\n  (3) Where a committee is constituted partly by members of the Commission and partly by other persons, the Chairperson of the committee shall be a person who is a member of the Commission.\n  (4) The number of members of a committee required to constitute a quorum at a meeting of that committee shall be as specified by the Commission.\n  (5) A member of a committee who is not also a member, or an employee, of the Commission shall be paid such remuneration and allowances (if any) as the Commission determines.\n  (6) The office of member of a committee is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n  (7) Rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 dealing with disclosing interests in a matter that is about to be considered by a body (other than the members of an accountable authority) apply to members of a committee as if:\n    (a) the committee were the accountable authority of a Commonwealth entity; and\n    (b) the members were members of that accountable authority; and\n    (c) the Commission were the responsible Minister for that Commonwealth entity.","sortOrder":23},{"sectionNumber":"Part IV","sectionType":"part","heading":"Corporate plans and annual operational plans","content":"## Part IV—Corporate plans and annual operational plans","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Corporate plans","content":"#### 23 Corporate plans\n\n  Each corporate plan prepared by the members of the Commission under section 35 of the Public Governance, Performance and Accountability Act 2013:\n    (a) must be submitted to the Minister for approval not less than 3 months, or such lesser period as the Minister, in special circumstances, allows, before the day of commencement of the period to which the corporate plan relates; and\n    (b) must be laid before each House of the Parliament within 15 sitting days of that House after the Minister has approved the corporate plan; and\n    (c) comes into force on:\n    (i) the day on which it is approved by the Minister; or\n    (ii) the day of commencement of the period to which it relates;\n    whichever is the later.","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Variation of corporate plans","content":"#### 25 Variation of corporate plans\n\n  (1) The Commission shall, from time to time, during the period to which a corporate plan, prepared by the members of the Commission under section 35 of the Public Governance, Performance and Accountability Act 2013, relates, consider whether a variation of the corporate plan is necessary.\n  (2) Where the Commission considers that a variation of a corporate plan is necessary, the Commission may, with the approval of the Minister, vary the corporate plan.\n  (3) Where a variation of a corporate plan is approved by the Minister the plan as so varied shall continue in force on and after the day on which the variation is so approved as if the plan had originally been approved by the Minister as so varied.","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Annual operational plan","content":"#### 26 Annual operational plan\n\n  (1) The Commission shall develop, and prepare in writing, in respect of each financial year ending after the commencement of this Act, an operational plan, setting out particulars of:\n    (a) the programs the Commission proposes to carry out; and\n    (b) the resources the Commission proposes to allocate to each such program;\n  during that year in giving effect to the corporate plan that relates, or the intended corporate plan that will relate, to a period that includes that year or a part of that year.\n  (2) If the Minister is of the opinion that an operational plan in relation to a financial year is inconsistent with the corporate plan relating to the period that includes that year or a part of that year, the Minister may, in writing, request the Commission to revise the operational plan.\n  (3) The Commission may, at any time, revise an operational plan, and shall revise the plan if the Minister requests it under subsection (2) to do so and gives written reasons for the request.\n  (4) An operational plan, or a revision of an operational plan:\n    (a) shall be submitted to the Minister as soon as practicable; and\n    (b) comes into force when it is approved, in writing, by the Minister.\n  (5) The Minister shall approve an operational plan, or a revision of an operational plan, unless the Minister is of the opinion that the plan, or the plan as proposed to be revised, as the case may be, is inconsistent with the corporate plan.","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Compliance with plans","content":"#### 27 Compliance with plans\n\n  To the extent that it is practicable to do so and subject to this Act, the Commission shall perform its functions and exercise its powers in a manner that is consistent with, and is designed to give effect to, any corporate plan and any operational plan that are in force.","sortOrder":28},{"sectionNumber":"Part V","sectionType":"part","heading":"Executive Director and Director of Institute","content":"## Part V—Executive Director and Director of Institute","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Executive Director","content":"#### 28 Executive Director\n\n  (1) There shall be an Executive Director of the Commission who shall be appointed by the Commission.\n  (3) The Commission shall not appoint a member as Executive Director.\n  (4) The appointment of a person as Executive Director is not invalid because of a defect or irregularity in connection with the person’s appointment.","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Duties of Executive Director","content":"#### 29 Duties of Executive Director\n\n  (1) The Executive Director shall manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.\n  (2) All acts and things done in the name of, or on behalf of, the Commission by the Executive Director, for the purposes of this Act, shall be taken to have been done by the Commission.","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Director","content":"#### 30 Director\n\n  (1) There shall be a Director of the Institute who shall be appointed by the Commission.\n  (3) The Commission shall not appoint a member as Director.\n  (4) The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person’s appointment.","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Duties of Director","content":"#### 31 Duties of Director\n\n  (1) The Director shall, under the direction of the Executive Director and in accordance with policies determined by the Commission, conduct such of the affairs of the Commission as are relevant to the functions of the Commission referred to in section 9.\n  (2) All acts and things done in the name of, or on behalf of, the Commission by, or with the authority of, the Director, for the purposes of this Act, shall be taken to have been done by the Commission.","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Tenure of Executive Director","content":"#### 32 Tenure of Executive Director\n\n  The Executive Director shall hold office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Remuneration and allowances","content":"#### 33 Remuneration and allowances\n\n  (1) The Executive Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no such determination of that remuneration by the Tribunal is in operation, the Executive Director shall be paid such remuneration as is prescribed.\n  (2) The Executive Director shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Outside employment","content":"#### 34 Outside employment\n\n  The Executive Director shall not engage in paid employment outside the duties of his or her office except with the approval of the Commission.","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Leave of absence","content":"#### 35 Leave of absence\n\n  (1) The Executive Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Commission may grant to the Executive Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Resignation","content":"#### 36 Resignation\n\n  The Executive Director may resign office by writing signed and delivered to the Chairperson.","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Disclosure of interests","content":"#### 37 Disclosure of interests\n\n  (1) The Executive Director shall give written notice to the Chairperson of all direct or indirect pecuniary interests that the Executive Director has or acquires in any business or in any body corporate carrying on any business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Terms and conditions of appointment not provided for by Act","content":"#### 38 Terms and conditions of appointment not provided for by Act\n\n  The Executive Director holds office on such terms and conditions (if any), in relation to matters not provided for by this Act, as are determined by the Commission.","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Acting Executive Director","content":"#### 39 Acting Executive Director\n\n  The Commission may appoint a person (other than a member) to act as Executive Director:\n    (a) during a vacancy in the office of Executive Director (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Executive Director is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Application of sections 32 to 39 to Director","content":"#### 40 Application of sections 32 to 39 to Director\n\n  Sections 32 to 39 (both inclusive) apply to the Director as if any reference in those sections to the Executive Director were a reference to the Director.","sortOrder":42},{"sectionNumber":"Part VI","sectionType":"part","heading":"Staff and consultants","content":"## Part VI—Staff and consultants","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Employees","content":"#### 41 Employees\n\n  (1) The Executive Director may, on behalf of the Commission, employ such persons as the Commission considers necessary for the performance of its functions and the exercise of its powers.\n  (2) The terms and conditions of employment of a person employed under subsection (1) are such as are determined by the Commission.\n  (3) The Executive Director may arrange with an Agency Head (within the meaning of the Public Service Act 1999), or with a body established by an Act, for the services of officers or employees of that Agency or of that body to be made available to the Commission.","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Consultants","content":"#### 42 Consultants\n\n  (1) The Commission may engage persons having suitable qualifications and experience as consultants to the Commission.\n  (2) The terms and conditions of engagement shall be determined by the Commission.","sortOrder":45},{"sectionNumber":"Part VII","sectionType":"part","heading":"Finance","content":"## Part VII—Finance","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Appropriation of money","content":"#### 43 Appropriation of money\n\n  (1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Commission.","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Application of money","content":"#### 45 Application of money\n\n  (1) The money of the Commission shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Commission in the performance of its functions and the exercise of its powers; and\n    (b) in payment of remuneration and allowances payable under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Commission.","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Borrowing from the Commonwealth","content":"#### 46 Borrowing from the Commonwealth\n\n  (1) The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Commission at such rates of interest and on such other terms and conditions as that Minister determines.\n  (2) The Commission shall not borrow money except in accordance with subsection (1).\n  (3) The Commission may give security over the whole or part of its assets for the repayment of amounts borrowed under subsection (1) and the payment of interest on amounts so borrowed.","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Contracts","content":"#### 47 Contracts\n\n  The Commission shall not, except with the written approval of the Minister:\n    (a) enter into a contract involving the payment or receipt by the Commission of an amount exceeding $500,000; or\n    (b) enter into a lease of land for a period of 10 years or more.","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Extra matters to be included in annual report","content":"#### 48 Extra matters to be included in annual report\n\n  The annual report prepared by the members of the Commission and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:\n    (a) specify the financial transactions and the state of the affairs of the Australian Sports Foundation; and\n    (b) include particulars of each direction given to it by the Minister under subsection 11(1) that is applicable in relation to the period; and\n    (c) include an assessment of the extent to which its operations during the period have implemented the relevant operational plan; and\n    (d) include particulars of:\n    (i) significant capital works programs (if any) undertaken by the Commission during the period; and\n    (ii) significant acquisitions and dispositions of real property by the Commission during the period; and\n    (iii) variations to the operational plan agreed to by the Minister during the period.","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Commission exempt from taxation","content":"#### 50 Commission exempt from taxation\n\n  (1) Subject to subsection (3), the income, property and transactions of the Commission are not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (3) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Foundation exempt from taxation","content":"#### 51 Foundation exempt from taxation\n\n  (1) Subject to subsection (3), the income, property and transactions of the Australian Sports Foundation are not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (3) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.","sortOrder":53},{"sectionNumber":"Part VIII","sectionType":"part","heading":"Miscellaneous","content":"## Part VIII—Miscellaneous","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Trust money","content":"#### 52 Trust money\n\n  (1) The Commission shall ensure that any money received or held by the Commission on trust is paid into an account, or more than one account, that does not contain any money of the Commission not held on trust.\n  (2) Despite section 45:\n    (a) money or other property held by the Commission on trust shall be applied or dealt with only in accordance with the powers and duties of the Commission as trustee; and\n    (b) money held by the Commission on trust may be invested:\n    (i) in any manner in which the Commission is authorised to invest that money by the terms of the trust; or\n    (ii) in any manner in which trust money may, for the time being, be invested under law;\n    but not otherwise.","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Delegation by Commission","content":"#### 54 Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate to:\n    (a) a member of the Commission;\n    (b) a committee established under section 22;\n    (c) the Executive Director;\n    (d) the Director; or\n    (e) a person employed under section 41;\n  all or any of the Commission’s powers under this Act, other than the Commission’s powers under sections 22, 23, 25, 26 and 39 and subsections 28(1), 29(1) and 30(1) (including the Commission’s powers under section 39 as that section applies by virtue of section 40).\n  (2) The delegate is, in the exercise of a power so delegated, subject to any directions given by the Commission.","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Delegation by Executive Director","content":"#### 55 Delegation by Executive Director\n\n  (1) The Executive Director may, by signed instrument, delegate to:\n    (a) the Director; or\n    (b) a person employed under section 41;\n  all or any of his or her powers under this Act.\n  (2) The delegate is, in the exercise of a power delegated under subsection (1), subject to any directions given by the Executive Director.","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Delegation by Minister","content":"#### 56 Delegation by Minister\n\n  The Minister may, by signed instrument, delegate to:\n    (a) the Commission;\n    (b) a member of the Commission; or\n    (c) the Executive Director;\n  all or any of the Minister’s powers under this Act, other than the Minister’s powers under section 11, subsection 13(2) and sections 20, 24, 25, 26 and 47.","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Protection from civil actions","content":"#### 57 Protection from civil actions\n\n  A member, the Executive Director or the Director is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in the performance or purported performance of any function, or in the exercise or purported exercise of any power, of the Commission.","sortOrder":59},{"sectionNumber":"57A","sectionType":"section","heading":"Disclosure of information to Sport Integrity Australia","content":"#### 57A Disclosure of information to Sport Integrity Australia\n\n  (1) The Commission may disclose information to the Chief Executive Officer of Sport Integrity Australia if the information:\n    (a) relates to a sports doping and safety matter (within the meaning of the Sport Integrity Australia Act 2020); or\n    (b) is otherwise relevant to the performance of the functions of the Chief Executive Officer of Sport Integrity Australia.\n  (2) If information disclosed under subsection (1) is personal information (within the meaning of the Privacy Act 1988), the information is taken to be protected information for the purposes of the Sport Integrity Australia Act 2020.","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Regulations","content":"#### 58 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and, in particular, may make regulations:\n    (c) regulating, restricting or prohibiting the entry of persons onto or into any land or building owned by, or under the control of, the Commission, regulating the conduct of persons on or in any such land or building, and providing for the removal of persons from any such land or building;\n    (d) prohibiting or regulating the use of any emblem, logo, design, mark, symbol or name that is associated with the Commission; and\n    (e) prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations.","sortOrder":61}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"7(1) - paragraph lettering","severity":"low","reasoning":"Sections 7(1) and 8(1) both exhibit non-sequential paragraph lettering (skipping i, l, o). Although this is a common legacy drafting phenomenon in Australian legislation caused by repealed provisions, the Act as it stands contains unexplained gaps that could cause interpretive confusion about the completeness of the functions list.","confidence":0.6,"description":"The function paragraphs in section 7(1) skip letters 'i', 'l', and 'o', jumping from (h) to (j), (k) to (m), and (n) to (p). While this may reflect historical amendments, the Act as presented contains non-sequential lettering that creates interpretive ambiguity about whether omitted paragraphs were intentionally removed or are simply drafting artefacts."},{"type":"impossible_compliance","section":"7(4A)","severity":"medium","reasoning":"The Commission is required to self-police against performing any function that overlaps with Sport Integrity Australia CEO functions, but the Sport Integrity Australia Act 2020 may assign broad and evolving functions. The Commission has no mechanism in this Act to determine what those functions are at any given time, creating a perpetual compliance risk with no safe harbour provision.","confidence":0.72,"description":"Section 7(4A) provides that Commission functions 'may only be performed to the extent that they do not overlap any of the functions of the Chief Executive Officer of Sport Integrity Australia.' This is potentially an impossible compliance standard: it is nearly impossible for the Commission to know in real-time the precise and complete boundaries of another officer's functions, particularly as those functions may evolve. The Commission could be in unknowing breach at any time."},{"type":"circular_definition","section":"10(2) and 10(4)","severity":"low","reasoning":"The Foundation's powers are defined by reference to the Commission's powers, but the Commission has extremely broad general powers under section 8 including doing 'all things necessary or convenient'. The limitation in 10(4) is therefore nearly vacuous as a meaningful constraint.","confidence":0.65,"description":"Section 10(2) prohibits the Australian Sports Foundation from ever changing its name after the name change from 'Australian Sports Aid Foundation'. Section 10(4) restricts the Foundation from doing anything the Commission is not empowered to do (except for its own functions). However, the Commission has broad powers under section 8, meaning this constraint adds little practical restriction, rendering subsection 10(4) largely circular and of minimal operative effect."},{"type":"other","section":"13(1)(ba) and 13(2)","severity":"medium","reasoning":"The omission of paragraph (1)(ba) from the appointment provision in subsection (2) appears to be either a deliberate ex officio arrangement that is not explained anywhere in the Act, or an oversight. There are no terms and conditions provisions, tenure provisions, or resignation provisions addressing the Secretary's membership, creating a structurally incomplete governance framework for this member category.","confidence":0.82,"description":"Section 13(1)(ba) includes the Secretary of the Department as a member of the Commission, but section 13(2) states that 'a member referred to in paragraph (1)(a), (b) or (c) shall be appointed by the Minister.' Paragraph (1)(ba) is not included in the appointment provision. This means the Secretary is a member by virtue of their office (ex officio) without any appointment mechanism being specified in the Act, creating an unexplained gap in the membership framework."},{"type":"self_contradicting","section":"21(8)","severity":"medium","reasoning":"At ordinary meetings under s21(7), the Chairperson has only a deliberative vote plus a casting vote in a tie. However, under s21(8) circular resolutions, the Chairperson must be part of the majority, giving them an absolute veto regardless of how all other members vote. This creates two inconsistent decision-making standards within the same section.","confidence":0.78,"description":"Section 21(8) allows a circular document resolution if signed by 'a majority of the members (being a majority that includes the Chairperson)'. Given the Commission can have between 7 and 12 members (Chairperson + Deputy Chairperson + Secretary + 5-10 others), a majority always requiring the Chairperson creates a situation where the Chairperson has an effective personal veto over all circular resolutions, even where the Chairperson's vote is not decisive in a numerical sense. This is inconsistent with the democratic voting model in s21(7)."},{"type":"other","section":"26(5)","severity":"low","reasoning":"The combination of mandatory approval (s26(5)) with approval as the only activation mechanism (s26(4)(b)) means the Minister is legally compelled to activate operational plans they may otherwise object to, as long as the plan is technically consistent with the corporate plan. The test of 'inconsistency' is not defined and may be difficult to apply.","confidence":0.6,"description":"Section 26(5) states the Minister 'shall approve' an operational plan unless it is inconsistent with the corporate plan. This creates a mandatory approval obligation on the Minister, removing ministerial discretion. However, s26(4)(b) provides the plan only 'comes into force when approved by the Minister', which combined with s26(5) means the Minister is legally obligated to approve plans that meet the consistency test, leaving no room for policy disagreement short of inconsistency with the corporate plan."},{"type":"self_contradicting","section":"46(2) and 8(1)(ma)","severity":"medium","reasoning":"The Act simultaneously prohibits borrowing from non-Commonwealth sources (s46(2)) while expressly permitting credit-based acquisition from 'any person' via credit card (s8(1)(ma)). Credit card use is functionally a form of short-term borrowing. The 'despite' language acknowledges the tension but does not resolve the underlying logical contradiction between the policy of Commonwealth-only borrowing and the practical reality of credit card debt to commercial entities.","confidence":0.85,"description":"Section 46(2) states the Commission 'shall not borrow money except in accordance with subsection (1)' (i.e., only from the Commonwealth). However, section 8(1)(ma) expressly permits the Commission to 'obtain goods or services on credit from any person by the use of a credit card', explicitly noting this is 'despite subsection 46(2)'. Obtaining goods on credit is economically equivalent to borrowing, creating a logical contradiction between the general borrowing prohibition and the credit card carve-out."},{"type":"other","section":"54(1)","severity":"low","reasoning":"Section 29(1) establishes the Executive Director's duty to manage Commission affairs - it confers no power on the Commission itself. Including it in a list of Commission powers that cannot be delegated is logically incoherent, as there is nothing for the Commission to delegate in respect of that provision.","confidence":0.7,"description":"Section 54(1) excludes the Commission's powers under subsection 29(1) from delegation. However, s29(1) is not a power of the Commission at all - it describes the duties of the Executive Director. The Commission cannot delegate a power it does not hold. The reference to s29(1) in the exclusion list appears to be either a drafting error or a meaningless inclusion."}],"contradictions":[{"severity":"medium","section_a":"7(4)","section_b":"7(4A)","confidence":0.7,"description":"Section 7(4) states the function under s7(1)(q) 'may be performed at the discretion of the Commission' (subject to s4A and s11). Section 7(4A) then limits all Commission functions to those that do not overlap Sport Integrity Australia CEO functions. This creates a contradiction: s7(4) frames the advisory function as discretionary, implying latitude, while s7(4A) imposes a hard boundary that may eliminate the function entirely if it overlaps, making the 'discretion' in s7(4) potentially meaningless."},{"severity":"low","section_a":"6(1)(b) - encouraging participation by 'Australians'","section_b":"7(1)(k) - providing access to 'persons from other countries'","confidence":0.55,"description":"Section 6(1)(b) limits the objects to encouraging participation by 'Australians' (extended by s6(2) to ordinary residents). Section 7(1)(k) expressly permits the Commission to provide resources, services and facilities to persons from other countries. While not strictly contradictory, the objects clause does not authorise serving foreign nationals as a primary purpose, yet the functions clause operationalises this as a standing function, creating a tension between stated purpose and operational scope."},{"severity":"low","section_a":"28(3)","section_b":"54(1)(a)","confidence":0.58,"description":"Section 28(3) prohibits the Commission from appointing a member as Executive Director. However, section 54(1)(a) permits the Commission to delegate powers to 'a member of the Commission'. If a member were somehow acting as Executive Director, both provisions would apply simultaneously in conflicting ways. More directly, s39 prohibits appointment of a member as acting Executive Director (referring to 'other than a member'), yet s54 allows delegation of Executive Director-adjacent powers to members, creating a functional contradiction between the formal prohibition and the practical effect of delegation."},{"severity":"high","section_a":"46(1) and 46(2)","section_b":"8(1)(ma)","confidence":0.88,"description":"Sections 46(1) and 46(2) establish that the Commission may only borrow money from the Commonwealth. Section 8(1)(ma) permits the Commission to obtain goods or services on credit from 'any person' using a credit card, expressly overriding s46(2). This directly contradicts the Commonwealth-only borrowing policy, as credit card debt to commercial financial institutions constitutes a borrowing relationship with a non-Commonwealth party."},{"severity":"medium","section_a":"13(7)(b)","section_b":"21(7)(a)","confidence":0.75,"description":"Section 13(7)(b) permits Commission business to continue even if the number of members under s13(1)(c) falls below 5 for up to 3 months. However, section 21(7)(a) requires 5 members to constitute a quorum at meetings. If membership falls below 5 other members, and the Chairperson, Deputy Chairperson, and Secretary are unavailable, it may be impossible to achieve a quorum of 5, meaning s13(7) preserves the Commission's legal existence but s21(7) prevents it from transacting business at meetings during the same period."},{"severity":"low","section_a":"11(1) - Minister's power to direct","section_b":"56 - Minister's delegation power (excluding s11)","confidence":0.52,"description":"Section 11(1) gives the Minister power to direct the Commission. Section 56 expressly excludes the Minister's powers under section 11 from the list of powers that can be delegated. However, section 11(2) requires the Minister to personally inform the Commission and give the Chairperson an opportunity to discuss before directing. If the Minister delegates general oversight functions under s56 to the Commission or Executive Director, those delegates cannot then exercise s11 direction powers, creating an asymmetric oversight structure where ministerial direction is non-delegable but other ministerial functions are."},{"severity":"medium","section_a":"7(1)(m) - raising money through the Foundation or other means","section_b":"10(3) - Foundation's purpose limited to raising money for sport development","confidence":0.65,"description":"Section 7(1)(m) authorises the Commission to raise money 'through the Australian Sports Foundation, or by other means, for the purposes of the Commission'. The purposes of the Commission are broad (s6). Section 10(3) limits the Foundation's purpose specifically to 'raise money for the development of sport in Australia'. If the Commission uses the Foundation to raise money for Commission purposes that are not directly sport development (e.g., administrative overhead, vocational education under s6(1)(c)), this may be inconsistent with the Foundation's constrained statutory purpose."}]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's original 1989 scope has been expanded over time. The most significant change is the addition of anti-doping and sport integrity functions (section 7(1)(r) and section 57A), including coordination with Sport Integrity Australia, which was not part of the original intent. A constraint was also added limiting the Commission's functions so they cannot overlap with Sport Integrity Australia's functions (section 7(4A)), effectively narrowing the Commission's original broad remit in this area. The inclusion of the Secretary of the Department as an ex-officio Commission member (section 13(1)(ba)) also reflects a later amendment strengthening government oversight beyond the original design."},"complexity_factors":["Dual operating identity: the same Commission operates as both the 'Australian Sports Commission' and the 'Australian Institute of Sport' depending on which functions it is performing","Layered governance: multiple interlocking plans (corporate plans and operational plans) both requiring Ministerial approval, with specific timelines and parliamentary tabling requirements","Interaction with external legislation: heavy cross-referencing to the Public Governance, Performance and Accountability Act 2013, the Remuneration Tribunal Act 1973, the Privacy Act 1988, and the Sport Integrity Australia Act 2020","Functional boundary with Sport Integrity Australia: the Act requires the Commission's functions to not overlap with Sport Integrity Australia's functions, creating a jurisdictional boundary that is not fully defined within this Act itself","Multiple delegation chains: separate delegation powers for the Commission, Executive Director, and Minister, each with different exclusions and limitations","Dual-entity structure: the Australian Sports Foundation is a separate private company whose powers and activities are constrained by and tied to the Commission","Membership complexity: different appointment terms, basis (full-time vs part-time), and rules apply to different categories of Commission members"],"plain_english_summary":"## What is this law?\n\nThis Act creates the **Australian Sports Commission (ASC)** — the Australian Government's main body for developing and supporting sport across the country. You probably know some of its work through the **Australian Institute of Sport (AIS)**, which is the same organisation operating under a different name for elite athlete programs.\n\n## Who does it affect?\n\n- **Elite and grassroots athletes** — the Commission funds programs, provides scholarships, and supports development at all levels\n- **Sports coaches, referees, and officials** — the Commission runs programs to improve their skills and recognition\n- **Sporting organisations** — the Commission coordinates, funds, and advises them\n- **The general public** — ordinary people can access Commission facilities, even for non-sport purposes where practical\n- **International athletes and organisations** — the Commission can share resources with overseas participants to foster international cooperation\n\n## What does it actually do?\n\nThe law sets up the ASC as a **body corporate** (a legally recognised organisation that can own property, sign contracts, and go to court). It can:\n\n- **Fund sport** through grants, scholarships, and the **Australian Sports Foundation** (a separate company set up to raise private money for sport)\n- **Run the AIS**, providing elite training, sports science, and sports medicine\n- **Advise the government** on sport policy\n- **Promote equal access** to sport for all Australians\n- **Fight doping** in sport, though this now overlaps with **Sport Integrity Australia** (a separate body created in 2020 — the ASC's functions must not duplicate what Sport Integrity Australia does)\n- **Charge fees** for access to its facilities and services\n- **Accept donations and sponsorships**\n\n## Key governance rules\n\n- The **Minister** can give written directions to the Commission, but must consult the Chairperson first and publish the directions publicly\n- The Commission must prepare **corporate plans** (long-term strategic documents) and **annual operational plans** (yearly activity plans), both requiring Ministerial approval\n- **Large contracts over $500,000** or land leases of 10+ years need Ministerial written approval\n- The Commission and the Australian Sports Foundation are **exempt from most taxes**\n- Members and executives are **protected from personal legal liability** for actions taken in good faith\n\n## Why does it matter?\n\nThis is the foundational law for how Australia organises, funds, and develops sport at both elite and community levels. If you receive a sports grant, attend an AIS program, or use a Commission facility, this law governs how that happens."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The text as presented establishes the Commission, its objects, functions, powers, governance, financial arrangements and reporting requirements. It contains no provisions in the supplied text that alter or narrow the core scope of those objects or functions from what is set out within the Act itself (see sections 5–9 for establishment, objects and functions)."},"complexity_factors":["Cross‑references to other Acts (Public Governance, Performance and Accountability Act 2013; Sport Integrity Australia Act 2020; Privacy Act 1988; Acts Interpretation Act 1901) create multi‑instrument compliance obligations (see notes at sections 5, 23, 29, 37, 39, 7(4A), 57A).","Layered oversight: Ministerial direction and approval powers (sections 11, 23, 25–26, 47) combined with PGPA governance create multiple approval and reporting checkpoints.","Mixed finance regime: Parliamentary appropriation (section 43), Finance Minister lending and directions (sections 43, 46), ability to charge fees and obtain sponsorship (section 8), and fundraising via a separate Foundation (sections 7(1)(m), 10) produce several revenue streams with differing controls.","Delegation architecture: extensive delegation powers to members, committees, Executive Director, Director and staff (sections 54–56) distribute decision rights and require internal controls.","Commercial activity permissions: marketing, sponsorship, sale of branded goods and fee charging (section 8(j)–(k), (m), (2)) raise questions about market interaction and potential competition with private providers.","Governance detail: appointment, tenure, termination, leave and meeting rules for members and executives are specified across multiple sections (13–21, 28–39, 19), requiring careful operational administration.","Reporting and transparency obligations: detailed annual report requirements and plan submission/approval/tabling timings (sections 23, 26, 48) impose administrative cycles and parliamentary scrutiny."],"plain_english_summary":"### What this law does, who it affects, and how it works\n\nThis Act creates the Australian Sports Commission (the Commission) as a corporate Commonwealth body (section 5). It sets out the Commission’s purpose, powers, governance, staffing, financial arrangements and reporting requirements.\n\nKey mechanical effects\n\n- Establishes the Commission and its objects (leadership in sport, encouraging participation and performance, coaching development, international cooperation, and encouraging private funding) (section 5; section 6).\n- Lists detailed functions the Commission may perform, including program delivery, research, sports medicine and science services, facility management, advice to sporting bodies, raising money (including via the Australian Sports Foundation) and administering funds appropriated by Parliament (section 7; section 10).\n- Gives the Commission broad commercial and operational powers (contracts, property, grants, scholarships, sponsorship, marketing, sale of branded goods, charging fees for services and facility access) (section 8; section 8(2)).\n- Requires the Commission to operate under the name “Australian Institute of Sport” when performing certain high‑performance functions (section 9).\n- Creates the Australian Sports Foundation (renamed from an existing company) to raise money for sport; the Foundation’s purpose and limits are set out in section 10.\n- Establishes governance and appointment arrangements: Ministerial appointment of the Chair, Deputy Chair, Secretary of the Department and 5–10 other members; terms, leave, resignation and grounds for termination are specified (sections 13–21; 19). The Minister may give written directions to the Commission on policy and practice, subject to consultation and publication requirements (section 11).\n- Creates an Executive Director and a Director of the Institute, both appointed by the Commission, who manage day‑to‑day affairs under Commission direction (sections 28–36; 30–31).\n- Requires corporate plans and operational plans prepared under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to be submitted to and approved by the Minister and laid before Parliament; operational plans must be consistent with approved corporate plans (sections 23, 25–27).\n- Sets out financial rules: Parliament appropriates money to the Commission; the Finance Minister may direct payment timing; the Commission may invest surplus funds under the PGPA Act; the Finance Minister may lend to the Commission and the Commission may borrow only under those loans (sections 43, 45, 46).\n- Restricts contracting autonomy for large commitments: Ministerial approval is required for contracts exceeding $500,000 or leases of 10 years or more (section 47).\n- Requires extra items in the Commission’s annual report, including details about the Australian Sports Foundation, Ministerial directions, operational plan implementation and significant property or capital works activity (section 48).\n- Grants tax exemptions to the Commission and to the Foundation subject to regulations (sections 50–51).\n- Permits the Commission to disclose information to Sport Integrity Australia where relevant (section 57A).\n- Enables regulations governing entry to Commission facilities, use of Commission emblems/names and penalties (section 58).\n\nOfficial rationale and a grounded test of trade‑offs (what the Act claims and what it requires)\n\n- Purpose claim: The Act frames the Commission as a national leader in sport—developing participation, high performance, coaching and international cooperation (section 6). Mechanically, it creates an entity with responsibilities and powers to deliver programs, services and facilities and to advise government and sporting bodies (sections 7, 8).\n\n- Funding and incentive structure: Parliament funds the Commission (section 43). The Act also allows the Commission to raise revenue from fees (section 8(2)), sponsorship and marketing (section 8(j)–(k)), and fundraising through the Australian Sports Foundation (sections 7(1)(m), 10). Those mechanisms create mixed incentives: the Commission is accountable to Parliament for appropriation use (section 45) while also able to generate commercial income and private contributions (sections 8, 10). The Finance Minister has specific roles over lending and payment timing (sections 43, 46).\n\n- Costs and opportunity costs: The Act requires public appropriation (section 43) and permits tax exemptions for the Commission and Foundation (sections 50–51). Those features reduce direct tax receipts and allocate public budget share to the Commission but are set out as statutory options rather than quantified commitments in the Act.\n\n- Implementation risk and overlap control: The Act expressly limits the Commission so its functions do not overlap with those of the Chief Executive Officer of Sport Integrity Australia (section 7(4A)). It also enables disclosure of information to Sport Integrity Australia when relevant (section 57A), which provides a mechanism for operational coordination on integrity and doping matters.\n\n- Oversight, discretion and compliance burden: The Minister can give written directions to the Commission that must be published and tabled in Parliament (section 11), must approve corporate and operational plans (sections 23, 25–26) and must approve large contracts and long leases (section 47). These requirements create administrative checkpoints and political oversight; they also impose procedural compliance obligations on the Commission (sections 11, 23, 26, 47, 48). The Finance Minister’s lending and payment powers add financial oversight (sections 43, 46).\n\n- Effects on private enterprise and markets: The Commission may enter commercial relationships (sponsorship, marketing, branded goods, sale of services and facility access) (section 8(j), (k), (m); section 8(2) on fees). Those powers permit the Commission to participate as a market actor in sport‑related goods and services. The Australian Sports Foundation is authorised to raise private funds for sport but is limited to activities the Commission itself could lawfully undertake, except where necessary for performance in relation to the Commission (section 10(3)–(4)).\n\n- Delegation and internal control: The Commission may delegate many powers to members, committees, the Executive Director, the Director and staff (sections 54–55). The Minister may also delegate certain powers to the Commission or individuals (section 56). Delegation provisions increase operational flexibility but mean decision‑making can be distributed within and beyond the Commission.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: Parliament appropriates funds to the Commission (section 43); the Commission may also raise funds through the Foundation, sponsorship, fees for services and sales (sections 7(1)(m), 8(j)–(m), 10). The Finance Minister can lend Commonwealth funds to the Commission (section 46).\n- Who decides: the Minister appoints members and may give written directions (sections 11, 13); the Commission determines internal policy, appoints the Executive Director and Director, and runs operations subject to Ministerial approvals and PGPA requirements (sections 28–31, 23, 26). The Finance Minister has financial directions and lending powers (sections 43, 46).\n- Behaviour changes authorised/expected: the Commission can run programs, charge for access, seek private funding, enter commercial sponsorships and market products, manage facilities and provide high‑performance and medical/science services. It must prepare corporate and operational plans and report to the Minister and Parliament (sections 7, 8, 9, 23, 26, 48).\n\nConcrete implementation constraints and accountability mechanisms\n\n- Ministerial directions must be published and tabled in Parliament (section 11(3)).\n- Corporate and operational plans require Ministerial approval and parliamentary tabling (sections 23, 26).\n- Contracting limits require Ministerial approval above specified monetary or lease durations (section 47).\n- Annual reporting must include Foundation finances, directions received, and operational plan implementation (section 48).\n- Tax exemptions for the Commission and Foundation are available but may be limited by regulation (sections 50–51).\n\nIn short: the Act establishes a government corporate entity with statutory objects in national sport, gives it operational and commercial powers to deliver those objects, supplies a mixed funding and oversight architecture (public appropriation, private fundraising, Ministerial approvals and PGPA governance), and embeds reporting, delegation and anti‑overlap rules to coordinate with other integrity bodies (notably Sport Integrity Australia)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its 1989 origins. Originally focused on establishing the Commission and AIS, it has been amended to: (1) incorporate modern public governance requirements via the PGPA Act 2013, replacing detailed financial provisions with cross-references; (2) add anti-doping cooperation functions (section 7(1)(r)); (3) create a carve-out for Sport Integrity Australia (section 7(4A)), reflecting the 2020 transfer of integrity functions to that new agency; and (4) add information sharing powers with Sport Integrity Australia (section 57A). The scope has shifted from a comprehensive sports administration body to one that works alongside a separate integrity regulator."},"complexity_factors":["Moderate length (58 sections) with standard corporate governance structure","11 defined terms in the interpretation section, mostly straightforward","Multiple cross-references to the Public Governance, Performance and Accountability Act 2013 (PGPA Act) for financial and reporting obligations","Nested conditions in section 7(5) limiting functions to constitutional heads of power (appropriation, statistics, external affairs, Territories)","Recent amendment adding section 7(4A) creating a functional boundary with Sport Integrity Australia","Standard delegation provisions (sections 54-56) with specific exclusions","Dual identity mechanism — Commission operates as 'Australian Institute of Sport' for certain functions (section 9)","Special provisions for the Australian Sports Foundation (section 10) — a pre-existing company with restricted name change and purpose"],"plain_english_summary":"This law creates the **Australian Sports Commission** — a government body that runs sport in Australia. It sets up the Commission as a legal entity (meaning it can own property, sign contracts, and be sued) and gives it two main jobs: encouraging everyday Australians to play sport, and helping elite athletes win medals.\n\n**Key things the Commission does:**\n- **Runs the Australian Institute of Sport (AIS)** — the high-performance training centre for Olympic and Paralympic athletes\n- **Raises money** through the Australian Sports Foundation (a special fundraising company)\n- **Develops sports programs** for schools, communities, and disadvantaged groups\n- **Provides sports science and medicine** services to athletes\n- **Fights doping** in sport by working with anti-doping agencies\n- **Manages facilities** like training centres and stadiums\n\n**Who runs it:**\n- A **Chairperson** and **Deputy Chairperson** (appointed by the Minister)\n- The **Secretary of the Department** (automatic member)\n- **5 to 10 other members** (part-time, appointed by the Minister)\n- An **Executive Director** (the CEO who runs day-to-day operations)\n- A **Director of the Institute** (runs the AIS specifically)\n\n**Important checks and balances:**\n- The **Minister can give directions** about policies, but must consult the Chairperson first and publish the directions\n- The Commission must prepare **corporate plans** and **annual operational plans** for Minister approval\n- The Commission is **exempt from tax**, as is the Sports Foundation\n- **Sport Integrity Australia** (the anti-doping body) has taken over some functions — the Commission can't do anything that overlaps with their job\n\n**Why it matters:**\nThis law essentially governs how the federal government supports sport in Australia — from grassroots footy clubs to Olympic gold medallists. It determines who gets funding, how facilities are run, and how Australia competes internationally."}},"importantCases":[],"_links":{"self":"/api/acts/australian-sports-commission-act-1989","history":"/api/acts/australian-sports-commission-act-1989/history","analysis":"/api/acts/australian-sports-commission-act-1989/analysis","conflicts":"/api/acts/australian-sports-commission-act-1989/conflicts","importantCases":"/api/acts/australian-sports-commission-act-1989/important-cases","documents":"/api/acts/australian-sports-commission-act-1989/documents"}}