{"id":"C2023A00025","name":"Creative Australia (Consequential and Transitional Provisions) Act 2023","slug":"creative-australia-consequential-and-transitional-provisions-act-2023","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"25 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436374,"registerId":"C2023A00025-fast-fetch-1775953592213","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Creative Australia (Consequential and Transitional Provisions) Act 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nCreative Australia (Consequential and Transitional Provisions) Act 2023\n\n \n\nNo. 25, 2023\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Creative Australia Act 2023, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Repeals\n\nAustralia Council Act 2013\n\nSchedule 2—Transitional provisions\n\nPart 1—Preliminary\n\nPart 2—Effect of transition to Creative Australia\n\nPart 3—Appointments\n\nPart 4—Reporting and finance\n\nPart 5—Miscellaneous\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nCreative Australia (Consequential and Transitional Provisions) Act 2023\n\nNo. 25, 2023\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters arising from the enactment of the Creative Australia Act 2023, and for related purposes\n\n[Assented to 23 June 2023]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Creative Australia (Consequential and Transitional Provisions) Act 2023.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act At the same time as the Creative Australia Act 2023 commences.However, the provisions do not commence at all if that Act does not commence. 24 August 2023\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Repeals\n\n \n\nAustralia Council Act 2013\n\n1  The whole of the Act\n\nRepeal the Act.\n\nSchedule 2—Transitional provisions\n\nPart 1—Preliminary\n\n1  Definitions\n\nIn this Schedule:\n\nAppropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; or\n\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\nAustralia Council means the body corporate continued in existence by section 7 of the old Act under the name the Australia Council.\n\nCreative Australia means the body corporate continued in existence by section 9 of the new Act under the name Creative Australia.\n\ninstrument includes:\n\n (a) a contract, deed, undertaking, arrangement or agreement; and\n\n (b) a notice, authority, order or instruction; and\n\n (c) an instrument made under an Act or regulation.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nnew Act means the Creative Australia Act 2023.\n\nnew Board means the Australia Council Board established under section 19 of the new Act.\n\nold Act means the Australia Council Act 2013, as in force immediately before the transition time.\n\nold Board means the Board of the Australia Council established under section 14 of the old Act.\n\ntransition time means the commencement of this Schedule.\n\nPart 2—Effect of transition to Creative Australia\n\n2  Object\n\nThe object of this Part is to avoid doubt about the effect of continuing the existence of the body corporate Creative Australia, previously known as the Australia Council, on certain matters.\n\n3  Appointment of CEO\n\n(1) This item applies to a person who was, immediately before the transition time, holding office as the Chief Executive Officer of the Australia Council.\n\n(2) The person is taken, after the transition time, to have been appointed under section 66 of the new Act as the Chief Executive Officer of Creative Australia:\n\n (a) for the balance of the person’s term of appointment that remained immediately before that time; and\n\n (b) on the same terms and conditions as applied to the person immediately before that time.\n\n(3) This item does not prevent those terms and conditions being varied after the transition time.\n\n4  Employees of the Australia Council\n\n(1) A person who, immediately before the transition time, was employed by the Australia Council under section 43 of the old Act is taken, after the transition time, to be employed by Creative Australia under section 74 of the new Act on the same terms and conditions.\n\n(2) The repeal of the old Act does not affect the continuity of employment of the person.\n\n5  Consultants to the Australia Council\n\n A person who, immediately before the transition time, was engaged by the Australia Council as a consultant under section 44 of the old Act is taken, after the transition time, to be engaged by Creative Australia as a consultant under section 75 of the new Act on the same terms and conditions.\n\n6  Assets and liabilities of the Australia Council\n\nAssets and liabilities of the Australia Council immediately before the transition time continue, after the transition time, to be assets and liabilities of Creative Australia (without any conveyance, transfer or assignment).\n\n7  References in instruments to the Australia Council\n\n(1) This item applies to an instrument that:\n\n (a) was in force immediately before the transition time; and\n\n (b) contains a reference to the Australia Council.\n\n(2) The instrument has effect, after the transition time, as if the reference to the Australia Council were a reference to Creative Australia.\n\n(3) This item does not prevent the instrument from being amended or repealed after the transition time.\n\n(4) The rules may provide that subitem (2) does not apply in relation to a specified instrument or a specified reference.\n\n8  Effect of things done by, or in relation to, the Australia Council\n\n(1) A thing done by, or in relation to, the Australia Council before the transition time has effect, after the transition time, as if it had been done by, or in relation to, Creative Australia.\n\n(2) The rules may provide that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Australia Council.\n\n9  Legal proceedings\n\nIf any proceedings to which the Australia Council is a party are pending in a court or tribunal immediately before the transition time, Creative Australia is, after the transition time, that party to those proceedings.\n\nPart 3—Appointments\n\n10  Cessation of appointments of old Board members\n\n(1) This item applies to a person (other than the Chief Executive Officer of the Australia Council) who, immediately before the transition time, holds office as a member of the old Board.\n\n(2) The person ceases to hold that office at the transition time.\n\n(3) Nothing in this item prevents the person being appointed to an office under the new Act.\n\n11  Committees cease to exist\n\n(1) This item applies in relation to a committee that:\n\n (a) was established under section 31 of the old Act; and\n\n (b) existed immediately before the transition time.\n\n(2) The committee ceases to exist at the transition time.\n\n12  Consultation for new appointments\n\nAppointment of new Board members\n\n(1) Subsection 22(2) of the new Act does not apply in relation to an appointment made under subsection 22(1) of the new Act that takes effect at the transition time.\n\nAppointment of new Music Australia Council members\n\n(2) Subsection 40(2) of the new Act does not apply in relation to an appointment made under subsection 40(1) of the new Act that takes effect at the transition time.\n\nAppointment of new Creative Workplaces Council members\n\n(3) Subsection 52(2) of the new Act does not apply in relation to an appointment made under subsection 52(1) of the new Act that takes effect at the transition time.\n\nPart 4—Reporting and finance\n\n13  Transfer of appropriated money\n\nFor the purposes of the operation of an Appropriation Act after the transition time, references to the Australia Council are to be read as references to Creative Australia.\n\n14  Annual reports for financial year ended before transition time\n\n(1) This item applies if:\n\n (a) the transition time occurs after the end of a financial year; and\n\n (b) the annual report referred to in section 51 of the old Act had not been prepared for the financial year before the transition time.\n\n(2) The new Board must, as soon as reasonably practicable after the transition time, prepare the annual report for the financial year in accordance with the old Act as if the old Act had not been repealed.\n\n15  Annual reports for financial year in which transition time occurs\n\n(1) This item applies:\n\n (a) if the transition time occurs during a financial year; and\n\n (b) in relation to the matters that would have been covered by the annual report referred to in section 51 of the old Act for the part of the financial year before the transition time if the old Act had not been repealed.\n\n(2) The first annual report prepared by the new Board under section 77 of the new Act must cover those matters.\n\nPart 5—Miscellaneous\n\n16  Compensation for acquisition of property\n\n(1) If the operation of this Act would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n17  Rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the repeals made by this Act; or\n\n (b) the enactment of this Act or the new Act.\n\n(3) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund;\n\n (e) directly amend the text of this Act or the new Act.\n\n(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 25 May 2023\n\nSenate on 13 June 2023]\n\n \n\n(69/23)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act confines itself to consequential and transitional measures needed to implement the Creative Australia Act 2023: it repeals the Australia Council Act 2013 (Schedule 1) and preserves continuity by transferring appointments, employment, consultants, assets, liabilities and proceedings to Creative Australia (Schedule 2, items 3–9). It also deals with appropriations and reporting (items 13–15), grants limited rule‑making power (item 17) and provides for compensation where property is acquired (item 16). The scope remains implementation‑focused and does not expand the new Act's substantive powers."},"complexity_factors":["Legal continuity of assets and liabilities without conveyance (Schedule 2, item 6)","Automatic transfer of CEO appointment, employees and consultants on same terms, while allowing later variation (items 3–5)","Cessation of existing Board members and committees with possibility of reappointment under new Act (items 10–11)","Exemptions to consultation requirements for certain appointments at transition time (item 12)","Reading appropriations and reporting obligations across to the new entity (items 13–15)","Liability for compensation where the operation effects an acquisition on other than just terms and judicial route for disputes (item 16)","Broad rule‑making power for transitional matters paired with explicit limits (item 17, especially subitem 3)","Continuation of ongoing legal proceedings with the new entity as party (item 9)","Potential for downstream administrative work to amend instruments and records that refer to the Australia Council (items 7–8)"],"plain_english_summary":"This Act replaces the Australia Council with a new body called Creative Australia and handles the switch-over. It preserves continuity by treating the existing CEO, staff, consultants, assets, liabilities and ongoing legal matters as belonging to Creative Australia, ends old Board memberships and committees, carries forward reporting and appropriations, gives the Minister limited rule‑making power for transitional matters, and makes the Commonwealth liable for just‑terms compensation if property is acquired."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: managing the administrative transition from the Australia Council to Creative Australia. It does not expand beyond consequential and transitional matters arising from the primary Act."},"complexity_factors":["Short length (17 sections/items total)","Straightforward transitional mechanics with clear temporal triggers ('transition time')","Only 9 defined terms in the interpretation section","Minimal cross-referencing (primarily to the 'new Act' and 'old Act')","Simple conditional logic (mostly 'if X was true before transition time, then Y applies after')","No nested exceptions or complex procedural requirements","Single purpose legislation with narrow, well-defined scope"],"plain_english_summary":"**What this legislation does:**\n\nThis Act is the 'clean-up crew' for a major rebrand of Australia's main arts funding body. When the *Creative Australia Act 2023* came into effect, it replaced the old \"Australia Council\" with a new body called \"Creative Australia.\" This Act handles all the messy administrative details of that changeover.\n\n**Key things it does:**\n\n*   **Kills off the old law:** It repeals (cancels) the *Australia Council Act 2013* entirely.\n*   **Keeps the staff:** If you worked for the Australia Council, you now work for Creative Australia on the same pay and conditions. Same goes for the CEO and consultants.\n*   **Transfers the assets:** All the money, property, contracts, and debts of the old Australia Council automatically become Creative Australia's.\n*   **Updates paperwork:** Any contract, lease, or legal document that mentioned \"Australia Council\" now automatically means \"Creative Australia\" instead.\n*   **Sacks the old board:** The previous board members' appointments end immediately, though they can be reappointed under the new system.\n*   **Handles the money:** Government funding that was set aside for the Australia Council now goes to Creative Australia.\n*   **Finishes the reports:** If the old Australia Council hadn't finished its annual report when the switch happened, the new board has to complete it.\n\n**Who it affects:**\n\n*   Employees and contractors of the former Australia Council\n*   Artists and organisations receiving funding (their agreements automatically transfer)\n*   The new Creative Australia Board and management\n*   Anyone in legal disputes with the old Australia Council (the new body takes over the court case)\n\n**Why it matters:**\n\nWithout this Act, the rebrand would create legal chaos. Staff might not have jobs, leases might be invalid, and millions in arts funding could be stuck in limbo. This ensures the transition is seamless — same organisation, new name, no disruption to Australia's arts sector."}},"importantCases":[],"_links":{"self":"/api/acts/creative-australia-consequential-and-transitional-provisions-act-2023","history":"/api/acts/creative-australia-consequential-and-transitional-provisions-act-2023/history","analysis":"/api/acts/creative-australia-consequential-and-transitional-provisions-act-2023/analysis","conflicts":"/api/acts/creative-australia-consequential-and-transitional-provisions-act-2023/conflicts","importantCases":"/api/acts/creative-australia-consequential-and-transitional-provisions-act-2023/important-cases","documents":"/api/acts/creative-australia-consequential-and-transitional-provisions-act-2023/documents"}}