{"id":"tas:act-2017-053","name":"Cultural and Creative Industries Act 2017","slug":"cultural-and-creative-industries-act-2017","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"53 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31637,"registerId":"tas-act-2017-053-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Cultural and Creative Industries Act 2017](/view/html/inforce/2026-04-12/act-2017-053) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on 1 January 2018.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***application*** means an application for assistance made under [section 7](#GS7@EN) ;\n> \n> > ***approved program*** means a program approved under [section 6(7)](#GS6@Gs7@EN) ;\n> \n> > ***Board*** means the Tasmanian Arts Advisory Board established under section 2 of the [Tasmanian Arts Advisory Board Act 1975](/view/html/inforce/2026-04-12/act-1975-018) ;\n> \n> > ***commencement day*** means the day on which this Act commences;\n> \n> > ***expert panel*** means an expert panel appointed under [section 9](#GS9@EN) ;\n> \n> > ***member*** means a member of an expert panel.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"### 4 Act binds Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provision of Assistance","content":"# Part 2 Provision of Assistance","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Minister may approve assistance","content":"### 5 Minister may approve assistance\n\n> > (1)  The Minister may, for the purpose of supporting the creative and cultural industries, approve the provision to any person or organisation of assistance of such nature and on such terms and conditions as the Minister considers suitable in the circumstances.\n> \n> > (2)  Without prejudice to the generality of the provisions of [subsection (1)](#GS5@Gs1@EN) , assistance may take the form of –\n> > \n> > > > (a) grants or subsidies; or\n> > > \n> > > > (b) loans; or\n> > > \n> > > > (c) payments to meet in whole or in part the losses incurred in the carrying out of any operation or activity; or\n> > > \n> > > > (d) equity investment; or\n> > > \n> > > > (e) scholarships; or\n> > > \n> > > > (f) any other initiative or means of assistance that the Minister considers appropriate.\n> \n> > (3)  The powers conferred on the Minister by this section to approve the provision of assistance to any person or organisation include power to enter into and carry out, on behalf of the Crown, an agreement for the commissioning of any work to be carried out by that person or organisation, or for the purchase or acquisition of any such work or of any rights with respect to such work, and, on behalf of the Crown, to deal with any property, or exercise any rights, vested in the Crown pursuant to any such agreement.\n> \n> > (4)  A loan under this Act is to be at such rate of interest as the Treasurer may approve and on such security and on such terms and conditions in respect of repayment and otherwise as the Minister determines.\n> \n> > (5)  The Minister, by instrument in writing, may delegate to a State Service employee or State Service officer the power to approve the provision of assistance, subject to any conditions specified in the instrument of delegation.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Approved programs","content":"### 6 Approved programs\n\n> > (1)  The Secretary, if requested to do so by the Minister, is to develop programs to assist in the support and development of the cultural and creative industries.\n> \n> > (2)  The Secretary may consult with an expert panel, or any person or body he or she considers appropriate, in the development of a program.\n> \n> > (3)  Without limiting the matters that a program may include, a program may include any or all of the following:\n> > \n> > > > (a) details of the area of the cultural and creative industries that is the subject of the program;\n> > > \n> > > > (b) information to enable potential applicants to determine their eligibility to apply for assistance under the program;\n> > > \n> > > > (c) the criteria on which an application for assistance will be assessed;\n> > > \n> > > > (d) the type and level of assistance that may be provided;\n> > > \n> > > > (e) whether or not an application, or group of applications, will be considered by an expert panel;\n> > > \n> > > > (f) the terms and conditions on which any assistance under the program may be provided;\n> > > \n> > > > (g) such other matters that the Secretary considers appropriate.\n> \n> > (4)  The Secretary is to submit a draft of a program to the Minister for approval.\n> \n> > (5)  If a program submitted under [subsection (4)](#GS6@Gs4@EN) provides for an application, or a group of applications, to be considered without an expert panel, the Secretary must provide the Minister with written reasons as to why an expert panel is not required.\n> \n> > (6)  The Minister must not approve a program under which the consideration of an application or group of applications is to be undertaken without an expert panel unless he or she is satisfied, based on the reasons provided by the Secretary, that an expert panel is not required.\n> \n> > (7)  Subject to [subsection (6)](#GS6@Gs6@EN) , the Minister may approve a program with, or without, alterations.\n> \n> > (8)  Without limiting [subsection (7)](#GS6@Gs7@EN) , the Minister may alter a draft program to provide that an application or group of applications for assistance be assessed by an expert panel.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application for assistance","content":"### 7 Application for assistance\n\n> A person or organisation may apply to the Minister for the provision of assistance in accordance with the requirements of an approved program.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Establishment of register of experts","content":"### 8 Establishment of register of experts\n\n> > (1)  The Minister is to establish a register of experts comprising those persons who, in the opinion of the Minister –\n> > \n> > > > (a) are experienced, independent, suitably qualified and well respected within the cultural and creative industries sector; or\n> > > \n> > > > (b) have relevant technical expertise.\n> \n> > (2)  In selecting persons for the register, the Minister is to take into account the need to ensure diversity of backgrounds, experience and qualifications among those selected.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of expert panel","content":"### 9 Appointment of expert panel\n\n> > (1)  Subject to [section 6](#GS6@EN) , the Secretary is to appoint an expert panel to consider an application or group of applications.\n> \n> > (2)  The Secretary is to appoint an expert panel by appointing an uneven number of persons to be members of the expert panel.\n> \n> > (3)  A person appointed under [subsection (2)](#GS9@Gs2@EN)  –\n> > \n> > > > (a) is to be selected from the register of experts established under [section 8](#GS8@EN) ; and\n> > > \n> > > > (b) is to be a person who, in the opinion of the Secretary, has experience or expertise relevant to the consideration of the application.\n> \n> > (4)  The Secretary must not direct, or attempt to influence, an expert panel in the performance or exercise of the functions or powers of the expert panel under this Act.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Expert panel to consider applications","content":"### 10 Expert panel to consider applications\n\n> > (1)  An expert panel is to consider an application and recommend to the Minister –\n> > \n> > > > (a) whether assistance should be provided; and\n> > > \n> > > > (b) the amount and form of any such assistance.\n> \n> > (2)  In considering an application under this Act, an expert panel –\n> > \n> > > > (a) must assess the application on the basis of merit and in accordance with the requirements of any approved program to which the application relates; and\n> > > \n> > > > (b) may seek advice from the Department.\n> \n> > (3)  The Secretary may authorise a State Service officer or State Service employee to provide advice or secretarial assistance to an expert panel.\n> \n> > (4)  If an expert panel is unable to agree on an assessment of an application, the panel may refer the application to the Secretary for his or her assessment.\n> \n> > (5)  If an application is referred to the Secretary, he or she is to consider the application and recommend to the Minister –\n> > \n> > > > (a) whether assistance should be provided; and\n> > > \n> > > > (b) the amount and form of any such assistance.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Offence to attempt to influence panel","content":"### 11 Offence to attempt to influence panel\n\n> A person must not attempt to influence, by any means –\n> \n> > > (a) the Secretary in appointing an expert panel under [section 9(1)](#GS9@Gs1@EN) ; or\n> > \n> > > (b) a panel, or a member of a panel, in the consideration of an application for assistance, unless his or her advice is sought in accordance with [section 10(2)(b)](#GS10@Gs2@Hpb@EN) .\n> \n> Penalty:  Fine not exceeding 50 penalty units.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Expert panel to regulate own proceedings","content":"### 12 Expert panel to regulate own proceedings\n\n> > (1)  Subject to this Act, an expert panel may regulate its own proceedings with regard to the consideration of applications and the provision of recommendations for assistance.\n> \n> > (2)  Without limiting [subsection (1)](#GS12@Gs1@EN) , an expert panel is to take minutes of its meetings and keep records of its recommendations.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Confidentiality","content":"### 13 Confidentiality\n\n> A member of an expert panel, or a person employed or engaged in work related to the affairs of an expert panel, must not divulge information that comes to his or her knowledge by virtue of that office or position except –\n> \n> > > (a) in the course of, and for a purpose related to, carrying out the duties of that office or position; or\n> > \n> > > (b) as may be authorised by or under this Act or any other Act; or\n> > \n> > > (c) when required to do so by a court or tribunal constituted by law.\n> \n> Penalty:  Fine not exceeding 20 penalty units.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Conflict of interest","content":"### 14 Conflict of interest\n\n> > (1)  A member of an expert panel must not consider an application if he or she has a conflict of interest.\n> \n> > (2)  For the purposes of [subsection (1)](#GS14@Gs1@EN) , a member has a conflict of interest if he or she knows or reasonably ought to know that his or her consideration of an application could confer a direct or indirect financial benefit on the member or an immediate relative, personal friend or close business associate of the member.\n> \n> > (3)  A member must declare a conflict of interest as soon as practicable after becoming aware of it.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Protection from liability","content":"### 15 Protection from liability\n\n> > (1)  A member of an expert panel does not incur any personal liability for any act done, or purported or omitted to be done, by the member in good faith in the exercise or performance or purported exercise or performance of any responsibilities relating to or arising from his or her role as a member of the expert panel.\n> \n> > (2)  [Subsection (1)](#GS15@Gs1@EN) does not preclude the Crown or a member of an expert panel from incurring a liability that the Crown or the member would, but for that subsection, incur.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Delegation","content":"### 16 Delegation\n\n> The Secretary may delegate any of his or her powers or functions, other than this power of delegation, to a State Service employee or State Service officer within the Department.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Remuneration","content":"### 17 Remuneration\n\n> A member or an expert panel is entitled to be paid, in relation to his or her carrying out the functions of the expert panel, the remuneration and expenses (including travelling and subsistence allowances) determined by the Secretary.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dissolution of Board","content":"# Part 3 Dissolution of Board","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Dissolution of Board","content":"### 18 Dissolution of Board\n\n> On the commencement day, the Tasmanian Arts Advisory Board is dissolved.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Transfer of assets and liabilities","content":"### 19 Transfer of assets and liabilities\n\n> > (1)  On the commencement day –\n> > \n> > > > (a) the assets of the Board vest in the Crown; and\n> > > \n> > > > (b) the liabilities of the Board become the liabilities of the Crown.\n> \n> > (2)  State tax is not payable in respect of any document prepared, or transfer or transaction done, to give effect to [subsection (1)](#GS19@Gs1@EN) .","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Construction of documents","content":"### 20 Construction of documents\n\n> > (1)  In this section –\n> > \n> > > ***document*** means a document, or part of a document, that –\n> > > \n> > > > > (a) was in force immediately before the commencement day; and\n> > > > \n> > > > > (b) contains a reference to the Board; and\n> > > > \n> > > > > (c) relates to an asset or liability of the Board.\n> \n> > (2)  Unless the context or subject matter of a document otherwise requires, on and after the commencement day a reference in the document to the Board is taken to be or to include a reference to the Crown.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Legal proceedings and related matters","content":"### 21 Legal proceedings and related matters\n\n> On and after the commencement day –\n> \n> > > (a) any legal or other proceeding instituted by or against the Board before, and pending on, the commencement day may be continued by or against the Crown; and\n> > \n> > > (b) any legal or other proceeding that could have been instituted by or against the Board to enforce an obligation that was required to be performed, or a right that had accrued, before the commencement day may be instituted by or against the Crown; and\n> > \n> > > (c) any judgment or order of a court obtained before the commencement day by or against the Board and not executed or satisfied before the commencement day may be enforced by or against the Crown; and\n> > \n> > > (d) a document relating to any legal or other proceeding that has been served on or by the Board before the commencement day is taken, where appropriate, to have been served on or by the Crown; and\n> > \n> > > (e) any contract or arrangement entered into by the Board before the commencement day is taken to be a contract or arrangement entered into by the Crown.","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Tax exemption","content":"### 22 Tax exemption\n\n> The following are not liable to any State tax:\n> \n> > > (a) an instrument to which the Crown is a party by virtue of this Act;\n> > \n> > > (b) the Crown, in so far as it may, but for this section, be liable to any State tax in relation to a matter to which this Act relates.","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Expenses of Act","content":"### 23 Expenses of Act\n\n> > (1)  [*\\[Section 23 Subsection (1) amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020\\]*](/view/html/inforce/2020-11-27/act-2020-038#JS1@Ja4@GC1@Hpb@EN) [*\\[Section 23 Subsection (1) amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020\\]*](/view/html/inforce/2020-11-27/act-2020-038#JS1@Ja4@GC1@Hpa@EN) Moneys required for the making of loans under this Act are to be, as may be provided by Parliament, issued out of the Public Account, and any moneys received by way of repayment of any such loan, or of payment of interest on any such loan, are to be paid to the Treasurer and dealt with as if the loan were an advance made by the Treasurer out of that Account.\n> \n> > (2)  [*\\[Section 23 Subsection (2) amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020\\]*](/view/html/inforce/2020-11-27/act-2020-038#JS1@Ja4@GC1@Hpc@EN) Subject to [subsection (1)](#GS23@Gs1@EN) , the expenses of the Minister and an expert panel under this Act are to be, as may be provided by Parliament, paid out of the Public Account.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Regulations","content":"### 24 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Administration of Act","content":"### 25 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for the Arts; and\n> > \n> > > (b) the department responsible to the Minister for the Arts in relation to the administration of this Act is the Department of State Growth.","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Legislation repealed","content":"### 26 Legislation repealed\n\n> The legislation specified in [Schedule 1](#JS1@EN) is repealed.","sortOrder":29},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 26](#GS26@EN)\n\n| Tasmanian Arts Advisory Board Act 1975 (No. 18 of 1975) |","sortOrder":30}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. It establishes a cultural funding scheme and dissolves the predecessor body (Tasmanian Arts Advisory Board) as indicated by the repeal schedule. There is no evidence of significant scope creep — the Act remains focused on financial assistance mechanisms and transitional arrangements for the abolished Board."},"complexity_factors":["Short statute (26 sections plus schedule)","Only 6 defined terms in the interpretation section","Minimal cross-referencing — mostly internal references to adjacent sections","Straightforward procedural structure (applications → panels → recommendations → ministerial approval)","No nested exceptions or highly conditional logic; most provisions are directive rather than qualified","Simple administrative machinery with clear delegation pathways"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a system for the Tasmanian Government to provide financial support to people and organisations working in cultural and creative industries (think: artists, musicians, theatre companies, filmmakers, etc.).\n\n**Key things it does:**\n\n*   **Creates a funding scheme:** The Minister can approve various types of assistance — grants, loans, subsidies, scholarships, or even buying shares in creative businesses (equity investment).\n*   **Sets up expert panels:** Most applications are assessed by independent panels of experts drawn from a register, rather than just by bureaucrats. These panels make recommendations to the Minister.\n*   **Abolishes an old body:** It dissolves the Tasmanian Arts Advisory Board (established in 1975) and transfers all its assets and debts to the Crown (the government).\n*   **Protects the process:** It makes it an offence to try to improperly influence panel members, requires panel members to declare conflicts of interest, and protects panel members from personal liability if they act in good faith.\n\n**Who it affects:**\n\n*   **Artists and cultural organisations** seeking government funding\n*   **Expert panel members** (independent assessors from the creative sector)\n*   **The Tasmanian Arts Advisory Board** (which ceases to exist)\n*   **Government officials** in the Department of State Growth who administer the scheme\n\n**Why it matters:**\n\nThis law modernises how Tasmania supports its arts sector. It replaces an older advisory board model with a more flexible, project-based funding system where independent experts assess applications on merit. It aims to reduce political interference in funding decisions while giving the Minister broad discretion about what kinds of support to offer."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent as the substantive provisions of the Act were not included in the provided text. Only administrative metadata was available for analysis."},"complexity_factors":["Insufficient legislative text provided — only metadata and status information was included, preventing full analysis","Cultural and creative industry legislation typically involves multiple interacting bodies (arts councils, government departments, industry groups)","May involve grant-making and funding allocation rules, which can carry eligibility complexity","Sector definitions (what counts as 'cultural' or 'creative') can be contested and require careful reading","Low score reflects that this type of Act is generally enabling/administrative rather than highly technical"],"plain_english_summary":"The Cultural and Creative Industries Act 2017 is a Tasmanian law intended to support and promote arts, culture and the creative economy. It shapes how government can fund, support and provide policy direction for artists, cultural organisations, filmmakers, designers and related businesses.\n\nThis summary is limited to the Act’s header information only; the operative clauses weren’t provided, so consult the full Act for exact rights, obligations and powers."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces the Tasmanian Arts Advisory Board with a Minister‑led assistance regime and expert panels, shifting decision‑making and ownership of prior Board assets to the Crown (sections 18–21). It expands the forms of support the Crown may provide (grants, loans, equity, commissioning, scholarships) and centralises program approval in the Secretary/Minister process (sections 5(2), 5(3), 6(1)–(8)), thereby changing who decides, how assistance is delivered, and which entity bears existing liabilities and costs (section 23)."},"complexity_factors":["Broad Ministerial discretion over the nature, terms and conditions of assistance, including loans and equity (section 5(1)–(4)) — increases unpredictability for applicants.","Program development split between Secretary and Minister: Secretary drafts programs, may consult expert panels, but Minister approves and may alter drafts (sections 6(1)–(8)) — creates multiple decision points and potential policy change by ministerial amendment.","Expert-panel system with ministerially‑maintained register, Secretary appointments, and prohibition on Secretary direction to panels (sections 8, 9(1)–(4), 10) — mixes administrative selection with protections for panel independence, adding procedural detail to compliance.","Delegation powers (Minister may delegate approval powers; Secretary may delegate most functions) create layered authority and administrative discretion (sections 5(5), 16) — complicates accountability lines.","Offences and penalties for improper influence and non‑disclosure of conflicts, plus confidentiality obligations (sections 11, 13, 14) — impose legal risks and compliance burdens on participants and panel members.","Transfer and continuity provisions dissolving the Tasmanian Arts Advisory Board and vesting assets/liabilities in the Crown, with associated construction and litigation continuance rules (sections 18–21) — legal/contractual transition complexity for prior arrangements.","Funding and expense treatment requires Parliamentary appropriation and channels repayments through the Public Account (section 23(1)–(2)) — ties operational capability to budgetary process.","Regulation‑making power and temporary administrative assignment to a Minister and Department allow further procedural rules to be made (sections 24, 25) — scope for subordinate instruments that may materially affect operation."],"plain_english_summary":"This Act centralises responsibility for supporting Tasmania’s cultural and creative industries in the Minister and the Department. It authorises the Minister to approve a wide range of assistance (grants, loans, equity, scholarships and commissioning), sets rules for Secretary‑developed approved programs, and creates expert panels to assess applications. It also dissolves the Tasmanian Arts Advisory Board and transfers its assets and liabilities to the Crown. The measure matters to artists, organisations, panel members and the public purse because it changes who decides, how support is allocated, and who meets the costs."}},"importantCases":[],"_links":{"self":"/api/acts/cultural-and-creative-industries-act-2017","history":"/api/acts/cultural-and-creative-industries-act-2017/history","analysis":"/api/acts/cultural-and-creative-industries-act-2017/analysis","conflicts":"/api/acts/cultural-and-creative-industries-act-2017/conflicts","importantCases":"/api/acts/cultural-and-creative-industries-act-2017/important-cases","documents":"/api/acts/cultural-and-creative-industries-act-2017/documents"}}