{"id":"nsw:act-2011-021","name":"Destination NSW Act 2011","slug":"destination-nsw-act-2011","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"21 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30869,"registerId":"nsw-act-2011-021-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\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Destination NSW Act 2011](/view/html/inforce/current/act-2011-021).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Board means the Board of Management of Destination NSW established under Part 2.\n> > \n> > Chief Executive Officer means the Chief Executive Officer of Destination NSW.\n> > \n> > Destination NSW means Destination NSW constituted under Part 2.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of Destination NSW","content":"# Part 2 Constitution and management of Destination NSW\n\nPart 2 Constitution and management of Destination NSW","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Destination NSW","content":"#### 4 Constitution of Destination NSW\n\n4 Constitution of Destination NSW\n\n> There is constituted by this Act a body corporate with the corporate name of Destination NSW.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Status of Destination NSW","content":"#### 5 Status of Destination NSW\n\n5 Status of Destination NSW\n\n> Destination NSW is, for the purposes of any Act, a NSW Government agency.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Ministerial control","content":"#### 6 Ministerial control\n\n6 Ministerial control\n\n> Destination NSW is subject to the control and direction of the Minister in the exercise of its functions.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Establishment of Board of Management","content":"#### 7 Establishment of Board of Management\n\n7 Establishment of Board of Management\n\n> > (1) There is to be a Board of Management of Destination NSW.\n> \n> > (2) The Board is to consist of the following members—\n> > \n> > > (a) a person appointed by the Minister as the Chairperson of the Board,\n> > \n> > > (b) such other persons with relevant skills and experience as are appointed by the Minister,\n> > \n> > > (c) the Chief Executive Officer,\n> > \n> > > (d) the Secretary of the Department of Enterprise, Investment and Trade or a person nominated by the Secretary.\n> > \n> > Note—\n> > \n> > Schedule 1 contains provisions relating to the members and procedure of the Board.\n> \n> > (3) The Board may establish committees to give advice and assistance to the Board in connection with any particular matter or function of the Board. It does not matter that some or all of the members of any committee are not members of the Board.\n> \n> **s 7:** Am 2017 No 22, Sch 4.8; 2022 No 59, Sch 3.19.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Board’s role","content":"#### 8 Board’s role\n\n8 Board’s role\n\n> > (1) All decisions relating to the functions of Destination NSW are to be made by or under the authority of the Board, but subject to any direction of the Minister.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, Destination NSW by or under the authority of the Board is taken to have been done by Destination NSW.\n> \n> > (3) The Board must give the Minister any information about the exercise of the functions of Destination NSW that the Minister requests.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Chief Executive Officer","content":"#### 9 Chief Executive Officer\n\n9 Chief Executive Officer\n\n> > (1) The Chief Executive Officer of Destination NSW is the person employed in the Public Service as the Chief Executive Officer.\n> \n> > (2) (Repealed)\n> \n> > (3) The Chief Executive Officer is responsible for the day to day management of the operations of Destination NSW in accordance with the directions of the Board.\n> \n> **s 9:** Am 2014 No 33, Sch 3.5 \\[1\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Acting Chief Executive Officer","content":"#### 10 Acting Chief Executive Officer\n\n10 Acting Chief Executive Officer\n\n> > (1) The Minister may, from time to time, appoint a person to act in the office of the Chief Executive Officer during the illness or absence of the Chief Executive Officer (or during a vacancy in the office of Chief Executive Officer) and the person, while so acting, has all the functions of the Chief Executive Officer and is taken to be the Chief Executive Officer.\n> \n> > (2) The Minister may, at any time, remove a person from office as acting Chief Executive Officer.\n> \n> > (3) An acting Chief Executive Officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Staff of Destination NSW","content":"#### 11 Staff of Destination NSW\n\n11 Staff of Destination NSW\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable Destination NSW to exercise its functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services Destination NSW makes use of) may be referred to as officers or employees, or members of staff, of Destination NSW. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes Destination NSW from employing staff.\n> \n> **s 11:** Subst 2014 No 33, Sch 3.5 \\[2\\].","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Destination NSW","content":"# Part 3 Functions of Destination NSW\n\nPart 3 Functions of Destination NSW","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Principal object of Destination NSW","content":"#### 12 Principal object of Destination NSW\n\n12 Principal object of Destination NSW\n\n> The principal object of Destination NSW is to achieve economic and social benefits for the people of New South Wales through the development of tourism and the securing of major events.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"General functions of Destination NSW","content":"#### 13 General functions of Destination NSW\n\n13 General functions of Destination NSW\n\n> > (1) Destination NSW has the following functions—\n> > \n> > > (a) to market and promote New South Wales as a tourist destination and as a destination for the hosting of major events,\n> > \n> > > (b) to promote travel to and within New South Wales,\n> > \n> > > (c) to promote major events,\n> > \n> > > (d) to identify, attract and procure major events for New South Wales,\n> > \n> > > (e) to develop tourism ventures,\n> > \n> > > (f) to implement strategic plans, as approved by the Minister from time to time, relating to the development of tourism and the procurement of major events,\n> > \n> > > (g) to prepare, at least 3 months before the beginning of each financial year of Destination NSW, a corporate and business plan for the financial year for approval by the Minister,\n> > \n> > > (h) to prepare, on such occasions as the Board requires, an operational plan for approval by the Board,\n> > \n> > > (i) to construct, establish, maintain and operate tourist facilities,\n> > \n> > > (j) to establish, maintain and conduct enterprises relating to tourism,\n> > \n> > > (k) to provide travel and information services relating to tourism,\n> > \n> > > (l) to market travel and related services,\n> > \n> > > (m) to carry out (or arrange for the carrying out of) research in relation to tourism and major events.\n> \n> > (2) Destination NSW has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (3) Destination NSW may exercise its functions within or outside New South Wales.\n> \n> > (4) A reference in subsection (1)—\n> > \n> > > (a) to New South Wales includes a reference to any part (such as a region) of New South Wales, and\n> > \n> > > (b) to a major event includes a reference to an event that is expected to provide significant economic or cultural benefits to New South Wales or any part of New South Wales.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Delegation of Destination NSW’s functions","content":"#### 14 Delegation of Destination NSW’s functions\n\n14 Delegation of Destination NSW’s functions\n\n> > (1) Destination NSW may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by Destination NSW if the delegate is authorised in writing to do so by Destination NSW.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) the Chief Executive Officer, or\n> > \n> > > (b) a member of the staff of Destination NSW, or\n> > \n> > > (c) a person, a committee of persons or a person of a class approved by the Minister or prescribed by the regulations.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Exercise of functions through joint ventures etc","content":"#### 15 Exercise of functions through joint ventures etc\n\n15 Exercise of functions through joint ventures etc\n\n> Any function of Destination NSW may be exercised—\n> \n> > (a) by Destination NSW itself, or\n> \n> > (b) by Destination NSW in a partnership, joint venture or other association with public or local authorities or other persons or bodies.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Acquisition of land","content":"#### 16 Acquisition of land\n\n16 Acquisition of land\n\n> > (1) Destination NSW may, for the purpose of providing any site to facilitate the development of tourism, acquire land by agreement or compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and Destination NSW is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (3) Sections 34–37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in relation to works constructed under this Act.\n> \n> **s 16:** Am 2022 No 59, Sch 2.13.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Act to bind Crown","content":"#### 17 Act to bind Crown\n\n17 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Disclosure of information","content":"#### 18 Disclosure of information\n\n18 Disclosure of information\n\n> A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made—\n> \n> > (a) with the consent of the person from whom the information was obtained, or\n> \n> > (b) in connection with the administration or execution of this Act, or\n> \n> > (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or\n> \n> > (d) in accordance with a requirement made under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> \n> > (e) with other lawful excuse.\n> \n> Maximum penalty—10 penalty units.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Disclosure of pecuniary interests","content":"#### 19 Disclosure of pecuniary interests\n\n19 Disclosure of pecuniary interests\n\n> > (1) In this section—\n> > \n> > Board member means the Chairperson or other member of the Board.\n> \n> > (2) If—\n> > \n> > > (a) a Board member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the Board member’s duties in relation to the consideration of the matter,\n> > \n> > the Board member must, as soon as possible after the relevant facts have come to the Board member’s knowledge, disclose the nature of the interest at a meeting of the Board.\n> \n> > (3) If—\n> > \n> > > (a) the Chief Executive Officer has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Chief Executive Officer in connection with his or her functions (otherwise than at a meeting of the Board), and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the Chief Executive Officer’s duties in relation to the consideration of the matter,\n> > \n> > the Chief Executive Officer must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the Minister.\n> \n> > (4) A disclosure by a Board member at a meeting of the Board that the Board member, or by the Chief Executive Officer to the Minister that the Chief Executive Officer—\n> > \n> > > (a) is a member, or is in the employment, of a specified company or other body, or\n> > \n> > > (b) is a partner, or is in the employment, of a specified person, or\n> > \n> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,\n> > \n> > is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this section.\n> \n> > (5) Particulars of any disclosure made under this section must be recorded by Destination NSW in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person.\n> \n> > (6) After a Board member has disclosed the nature of an interest in any matter, the Board member must not, unless the Minister or the Board otherwise determines—\n> > \n> > > (a) be present during any deliberation of the Board with respect to the matter, or\n> > \n> > > (b) take part in any decision of the Board with respect to the matter.\n> \n> > (7) For the purposes of the making of a determination by the Board under subsection (6), a Board member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—\n> > \n> > > (a) be present during any deliberation of the Board for the purpose of making the determination, or\n> > \n> > > (b) take part in the making by the Board of the determination.\n> \n> > (8) After the Chief Executive Officer has disclosed the nature of an interest in any matter to the Minister, the Chief Executive Officer must not, unless the Minister otherwise determines, exercise his or her functions with respect to the matter.\n> \n> > (9) A contravention of this section does not invalidate any decision of the Board or the Chief Executive Officer.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Personal liability","content":"#### 20 Personal liability\n\n20 Personal liability\n\n> A matter or thing done or omitted to be done by—\n> \n> > (a) Destination NSW, or\n> \n> > (b) the Board, or\n> \n> > (c) the Chief Executive Officer, or\n> \n> > (d) a person acting under the direction of Destination NSW, the Board or the Chief Executive Officer,\n> \n> does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a member of the Board, the Chief Executive Officer or a person so acting personally to any action, liability, claim or demand.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Proceedings for offences","content":"#### 21 Proceedings for offences\n\n21 Proceedings for offences\n\n> Proceedings for an offence under this Act may be taken before the Local Court.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"#### 22 Regulations\n\n22 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Review of Act","content":"#### 23 Review of Act\n\n23 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Board of Management of Destination NSW","content":"# Schedule 1 Members and procedure of Board of Management of Destination NSW\n\nSchedule 1 Members and procedure of Board of Management of Destination NSW\n\n**sch 1:** Am 2014 No 33, Sch 3.5 \\[3\\].","sortOrder":27},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions","sortOrder":42},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedules 3, 4 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.\n\n**sch 4:** Rep 1987 No 15, sec 30C.","sortOrder":51}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original purpose of establishing and governing Destination NSW as a tourism and major events promotion body. Amendments over the years appear to reflect administrative updates (such as ministerial responsibility changes) rather than fundamental expansions or contractions of scope. The responsible minister has shifted portfolios over time, but the core function of the agency appears unchanged."},"complexity_factors":["Limited substantive content provided — only metadata and status information is available, not the full legislative text","Standard 'machinery of government' legislation creating a statutory body, which typically follows well-established drafting conventions","Multiple amendments over time (2011, 2014, 2017, 2023) may introduce layered provisions requiring cross-referencing","Interaction with other NSW legislation (e.g., Interpretation Act 1987, Administrative Arrangements Orders) adds minor complexity","Narrow and specific subject matter (tourism promotion body) limits interpretive difficulty"],"plain_english_summary":"This Act creates Destination NSW, the state agency charged with promoting tourism and major events in New South Wales. It gives the agency the legal authority to enter contracts, spend public funds, and run campaigns to attract visitors and stage festivals, conferences and sporting events.\n\nIt mainly affects tourism businesses, event organisers, local communities and NSW taxpayers; its significance is that it provides the formal powers and governance for a central tourism and events body."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act replaces the former Tourism New South Wales corporation with Destination NSW, transferring the former corporation's assets, rights and liabilities to the new body (Sch 2, cll 2–3). It abolishes the Tourism Development Fund and moves any balance to the Consolidated Fund (Sch 2, cl 5), and requires Destination NSW to prepare its first corporate and business plan (Sch 2, cl 4). References to the old body are to be read as references to Destination NSW (Sch 2, cl 6)."},"complexity_factors":["Ministerial control and direction over the agency's functions (s 6) — centralises decision authority and creates political discretion over operational priorities.","Board composition, appointment, removal and internal procedure rules (s 7; Sch 1) — multiple appointment powers and quorum/voting rules affect governance continuity and conflicts.","CEO role, acting appointments and day‑to‑day management subject to Board directions (s 9; s 10) — dual layers of control and delegation.","Delegation and sub‑delegation regime with authorised person definitions (s 14) — permits delegation to staff, committees or externally approved persons, expanding operational discretion.","Power to enter joint ventures and partnerships (s 15) — enables commercial arrangements with public and private parties, affecting contracts and competition.","Land acquisition powers tied to Land Acquisition (Just Terms Compensation) Act 1991 and treated as public works with certain Public Works Act exceptions (s 16) — creates statutory interactions and compulsory acquisition exposures.","Disclosure, confidentiality and pecuniary interest rules with recording and inspection obligations and Ministerial override of participation bans (ss 18–19) — compliance burdens and potential for ministerial exceptions.","Transitional arrangements abolishing Tourism New South Wales and transferring assets/liabilities and funds to Destination NSW/Consolidated Fund (Sch 2, cls 2–6) — changes legal identity and property settings that affect contracts and ongoing obligations.","Regulations power and statutory review duty (ss 22–23) — ongoing regulatory detail and a mandated five‑year review introduce future rulemaking and assessment requirements.","Personal liability protection for Board, CEO and persons acting in good faith (s 20) — affects risk allocation and potential claims."],"plain_english_summary":"This Act creates Destination NSW as a New South Wales Government agency to promote tourism and secure major events, replacing the former Tourism New South Wales and taking over its assets and liabilities. It sets up a Minister‑appointed Board and a Chief Executive Officer to run day‑to‑day operations, gives Destination NSW powers to market the State, procure events, enter partnerships and acquire land, and imposes disclosure, conflict and reporting requirements on board members and staff."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing Destination NSW as the state's tourism and major events agency. The 2011 Act replaced the Tourism New South Wales Act 1984 with a modernised structure, and subsequent amendments (noted in sections 7, 9, 11, and 16) have been minor administrative updates — primarily reflecting machinery of government changes (department name changes) and staffing framework updates. The core functions in section 13 align with the original object in section 12."},"complexity_factors":["Straightforward structure with only 4 main Parts plus 2 Schedules","Minimal defined terms — only 4 key definitions in section 3, plus a few in Schedule 1","No nested exceptions or complex conditional logic — most provisions are direct statements of power or obligation","Simple cross-referencing — occasional references to other Acts (Land Acquisition Act, Public Works Act, Government Sector Employment Act) but no intricate webs of dependencies","Standard governance provisions (board composition, meeting procedures, pecuniary interest disclosure) that follow familiar patterns across NSW legislation","Limited delegation provisions with clear boundaries (section 14)","Repealed Schedules 3 and 4 reduce overall length"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Destination NSW** — a government agency responsible for promoting tourism and securing major events for New South Wales. It replaces the old Tourism New South Wales body.\n\n**Who it affects:**\n\n- **Tourists and event-goers** — indirectly, through marketing and events brought to NSW\n- **Tourism businesses** — they interact with Destination NSW for promotion and development\n- **Major event organisers** — Destination NSW actively courts them to host events in NSW\n- **NSW taxpayers** — the agency operates as a government body using public funds\n- **Board members and staff** — the Act sets up their roles, responsibilities, and rules about conflicts of interest\n\n**Key things the law sets up:**\n\n- **Destination NSW** is a \"body corporate\" (a legal entity that can own property, sign contracts, and sue/be sued) controlled by the Minister\n- A **Board of Management** runs it, including a Chairperson, skilled appointees, the CEO, and a senior public servant\n- The **CEO** handles day-to-day operations\n- The agency can **buy land** (even compulsorily) for tourism projects, **enter joint ventures**, and **delegate powers** to staff\n- **Conflict of interest rules** require board members and the CEO to disclose financial interests and abstain from related decisions\n- **Protection from personal liability** for people acting in good faith under the Act\n\n**Why it matters:**\n\nThis is the legal foundation for how NSW competes for tourism dollars and major events (like sporting finals or cultural festivals). It gives the agency broad powers to market the state, build tourism infrastructure, and strike deals — while ensuring ministerial oversight and accountability through disclosure requirements."}},"importantCases":[],"_links":{"self":"/api/acts/destination-nsw-act-2011","history":"/api/acts/destination-nsw-act-2011/history","analysis":"/api/acts/destination-nsw-act-2011/analysis","conflicts":"/api/acts/destination-nsw-act-2011/conflicts","importantCases":"/api/acts/destination-nsw-act-2011/important-cases","documents":"/api/acts/destination-nsw-act-2011/documents"}}