{"id":"nsw:sl-2020-0469","name":"Entertainment Industry Regulation 2020","slug":"entertainment-industry-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"469 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176413,"registerId":"nsw-nsw:sl-2020-0469-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Entertainment Industry Regulation 2020](/view/html/inforce/current/sl-2020-0469).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Entertainment Industry Regulation 2014](/view/html/repealed/current/sl-2014-0067), which would otherwise be repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Entertainment Industry Act 2013](/view/html/inforce/current/act-2013-073).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Fees of performer representatives","content":"#### 4 Fees of performer representatives\n\n4 Fees of performer representatives\n\n> > (1) For the purposes of section 9(1)(a) of the Act, the following percentages of the total amount payable to a performer in respect of a performance are prescribed—\n> > \n> > > (a) in the case of a performance involving live theatre or a live musical or variety performance (being an engagement that does not involve film, television or electronic media)—10% for a period up to 5 weeks and then 5% for a period after 5 weeks,\n> > \n> > > (b) in all other cases (including an engagement involving film, television or electronic media)—10%.\n> \n> > (2) For the purposes of subclause (1), the following amounts (being amounts payable to performers) are to be excluded when calculating the total amount payable to a performer in respect of a performance—\n> > \n> > > (a) travelling and meal allowances,\n> > \n> > > (b) holiday pay,\n> > \n> > > (c) long service leave and superannuation payments,\n> > \n> > > (d) overtime or penalty payments that are paid on an irregular basis, other than payments resulting from negotiations undertaken by the performer representative on the performer’s behalf with the relevant entertainment industry hirer or venue representative,\n> > \n> > > (e) award or minimum payments in respect of rehearsals.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Information for performers","content":"#### 5 Information for performers\n\n5 Information for performers\n\n> > (1) For the purposes of section 13(1) of the Act, information relating to the following is prescribed—\n> > \n> > > (a) the services that a performer representative may provide to a performer,\n> > \n> > > (b) the effect of an entertainment industry managerial agreement,\n> > \n> > > (c) fees that a performer representative may charge a performer,\n> > \n> > > (d) the cooling-off period for entertainment industry managerial agreements,\n> > \n> > > (e) receipt on behalf of, and payments to, the performer of money,\n> > \n> > > (f) the code of conduct,\n> > \n> > > (g) the obligations of performer representatives, employers and other persons to a child who is a performer during the child’s employment in the entertainment industry,\n> > \n> > > (h) contact details for NSW Fair Trading.\n> > \n> > Note.\n> > \n> > The fact sheet entitled “Information for Performers” published on the NSW Fair Trading website (www.fairtrading.nsw.gov.au) provides a summary of the information to be provided to performers.\n> \n> > (2) For the purposes of section 13(3) of the Act, a performer representative is required, before entering into an agreement with a performer who is a child, to provide the parents of the child with the information specified in subclause (1).\n> > \n> > Note.\n> > \n> > The [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025) and the [Children and Young Persons (Care and Protection) (Child Employment) Regulation 2015](/view/html/repealed/current/sl-2015-0782) impose obligations in relation to the employment of children.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Repeal and savings","content":"#### 6 Repeal and savings\n\n6 Repeal and savings\n\n> > (1) The [Entertainment Industry Regulation 2014](/view/html/repealed/current/sl-2014-0067) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Entertainment Industry Regulation 2014](/view/html/repealed/current/sl-2014-0067), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":5},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty—corporations | Penalty—individuals |\n| Offences under the Act |\n| Section 8(2) | $660 | $220 |\n| Section 14(3) | $660 | $220 |\n| Section 17(5) | $660 | $220 |\n| Section 19(4) | $660 | $220 |\n| Section 29(b) | $660 | $220 |","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the Entertainment Industry Regulation 2014 (clause 6(1)) but expressly continues any act, matter or thing that had effect under the 2014 Regulation immediately before repeal (clause 6(2)). Mechanically, the current text prescribes fee percentages, specifies excluded items for fee calculations, lists required information to be provided to performers (and to parents of child performers), and sets penalty notice amounts for listed Act provisions (clauses 4 and 5; Schedule 1). Because clause 6(2) preserves prior effects, the Regulation does not, on its face, remove existing legal effects that applied under the repealed Regulation; it replaces the text and restates prescriptions consistent with the Act."},"complexity_factors":["Cross-references to the Entertainment Industry Act 2013 and the Interpretation Act 1987 (clause 3(1)), requiring reading across instruments.","Tiered fee structure with a time threshold (10% up to 5 weeks, 5% thereafter) for live theatre vs a flat rate for other engagements (clause 4(1)(a)–(b)).","Detailed list of exclusions from the fee base that must be identified and separated when calculating fees (clause 4(2)(a)–(e)).","Causal qualification for exclusion of irregular overtime/penalty payments (excluded unless resulting from negotiations by the representative) which requires factual inquiry (clause 4(2)(d)).","Obligation to provide specified information to performers and to parents of child performers before entering agreements, creating timing and administrative compliance requirements (clause 5(1)–(2)).","Penalty notice schedule that maps specified provisions of the Act to fixed monetary amounts, requiring alignment between the Regulation and the Act (Schedule 1; Application clause 1).","Repeal-and-savings provision that continues prior legal effects, which requires checking prior instruments for continuity (clause 6(1)–(2)).","Notes and external guidance (NSW Fair Trading fact sheet) are referenced but do not form part of the Regulation, creating a distinction between mandatory text and practical guidance (clause 3(2); clause 5 notes)."],"plain_english_summary":"What this Regulation does (mechanical summary)\n\n- Commencement and repeal: The Regulation takes effect on the day it is published on the NSW legislation website (clause 2). It repeals the Entertainment Industry Regulation 2014; anything that had legal effect immediately before that repeal continues to have effect under this Regulation (clause 6(1)–(2)).\n\n- Fees for performer representatives: The Regulation prescribes percentages used under the Act to calculate performer representative fees. For live theatre or live musical/variety performances (engagements not involving film, television or electronic media) the prescribed fee is 10% of the total amount payable to the performer for up to 5 weeks and 5% thereafter (clause 4(1)(a)). For all other engagements (including film, television or electronic media) the prescribed fee is 10% (clause 4(1)(b)).\n\n- Items excluded from the fee base: When calculating the total amount payable to a performer for fee purposes, specified items are excluded: travelling and meal allowances; holiday pay; long service leave and superannuation payments; irregular overtime or penalty payments except where those payments result from negotiations by the performer representative on the performer’s behalf; and award or minimum payments for rehearsals (clause 4(2)(a)–(e)).\n\n- Information that must be provided to performers: The Regulation specifies the information performer representatives must give to performers (for the purposes of section 13(1) of the Act). That list includes the services a representative may provide, the effect of an entertainment industry managerial agreement, the fees that may be charged, the cooling-off period, how money is received and paid on the performer’s behalf, the code of conduct, obligations relating to child performers during employment, and contact details for NSW Fair Trading (clause 5(1)). A performer representative must provide those items to the parents of a child performer before entering into an agreement with the child (clause 5(2)). The Regulation’s notes point to a NSW Fair Trading fact sheet as a practical summary of this information (clause 5 note). \n\n- Penalty notice offences: The Schedule lists particular offences in the Act for which a penalty notice may be issued and fixes the amount payable. For each listed provision the penalty for a corporation is $660 and for an individual is $220 (Schedule 1; Application of Schedule clause 1). The Schedule specifies the Act provisions by reference (for example, section 8(2), section 14(3), section 17(5), section 19(4) and section 29(b) of the Act).\n\nWhy this matters (stated purpose and a measured test of implications)\n\n- Stated legal purpose: The Regulation operates to give effect to particular provisions of the Entertainment Industry Act 2013 by prescribing (a) the percentages used for performer representative fees (clause 4) and (b) the information that must be provided to performers and, where relevant, to parents of child performers (clause 5). Those prescriptions are explicitly made \"for the purposes\" of the identified sections of the Act (clauses 4(1) and 5(1)).\n\n- Who pays and who receives: Performers ultimately pay representative fees; performer representatives receive those fees (clause 4). Corporations and individuals who commit the specified offences may be required to pay the fixed penalty amounts listed in the Schedule (Schedule 1 and its application clause 1).\n\n- Incentives and revenue effects: Prescribing maximum or standard percentages changes the revenue possible for performer representatives. The tiered rate for live theatre (10% up to 5 weeks, 5% after 5 weeks) mechanically reduces the representative’s percentage income for longer engagements (clause 4(1)(a)); the flat 10% rule applies to other engagements (clause 4(1)(b)). Excluding particular payments from the fee base (clause 4(2)) shifts which receipts form part of the percentage calculation and therefore changes effective fee amounts.\n\n- Compliance and record-keeping costs: To apply the prescribed percentages correctly a performer representative (and the payer) must identify and exclude the listed items (travelling/meal allowances, holiday pay, long service leave, superannuation, certain irregular overtime or penalty payments, and rehearsal minimums) when calculating the fee base (clause 4(2)). That creates a record-keeping and verification requirement tied to the specific exclusions. A performer representative must also supply the specified information to performers and, for child performers, to their parents before entering the agreement (clause 5(1)–(2)), which is an additional administrative step.\n\n- Enforcement and predictability: The Schedule fixes penalty notice amounts for named offences under the Act and identifies them for penalty notice procedures (Schedule 1; Application clause 1). Fixed penalty amounts give predictable monetary consequences for those specific breaches but do not on their face describe other enforcement options that the Act provides (the Schedule operates \"for the purposes of section 35 of the Act\").\n\n- Delegation, discretion and guidance: The Regulation cross‑refers to definitions and interpretive rules in the Act and the Interpretation Act (clause 3(1)). Notes (for example, the reference to the NSW Fair Trading fact sheet and to other child‑employment instruments) are explicit that they do not form part of the Regulation (clause 3(2) and clause 5 notes) and therefore serve as guidance rather than legal obligations.\n\nTrade-offs and implementation risks (mechanical points to watch)\n\n- The tiered percentage for live theatre creates a discontinuity at the 5‑week point that can change the representative’s revenue trajectory for longer engagements (clause 4(1)(a)). Parties may need to plan contract length and payment scheduling accordingly.\n\n- The exemption for irregular overtime or penalty payments from the fee base only where those payments do not result from negotiations by the performer representative (clause 4(2)(d)) introduces a causal fact to be determined (who negotiated the payment), which increases factual complexity in compliance and potential disputes.\n\n- The obligation to provide information to parents of child performers before entering an agreement (clause 5(2)) adds a timing constraint on contract formation involving children and shifts the compliance burden onto performer representatives.\n\n- Because the Regulation repeals and replaces the 2014 Regulation but carries forward prior acts and arrangements (clause 6(1)–(2)), implementation should preserve pre‑existing legal effects while applying the new prescriptions going forward.\n\nKey sections cited: clauses 2, 3(1)–(2), 4(1)–(2), 5(1)–(2), 6(1)–(2), Schedule 1 and Schedule application clause 1."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Regulation appears to maintain the same scope as its predecessor (the 2014 version). It is a standard remaking of subordinate legislation with identical operational content: fee caps, information requirements, and penalty notice amounts. The savings clause (clause 6(2)) ensures continuity, indicating no expansion of scope."},"complexity_factors":["Only 6 substantive clauses plus a short schedule","Minimal defined terms (only 'the Act' is explicitly defined in clause 3)","Simple percentage-based fee structure with only two categories","Straightforward list of exclusions from fee calculations (5 items)","No nested exceptions or complex conditional logic","Schedule 1 is a simple table mapping offences to fixed penalty amounts","Heavy reliance on the parent Act (Entertainment Industry Act 2013) for substantive provisions—this Regulation is purely machinery/operational"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets the rules for how performer representatives (agents, managers) can charge fees to performers (actors, musicians, entertainers) in New South Wales. It also requires agents to give performers specific information before signing contracts, with extra protections for child performers.\n\n**Key things it covers:**\n\n*   **Fee caps:** Limits how much agents can charge performers:\n    *   **Live theatre/musical performances:** 10% for the first 5 weeks, then 5% after that\n    *   **Film, TV, and other media:** 10% (flat rate)\n*   **What doesn't count toward fees:** Agents can't take commission from things like travel allowances, holiday pay, superannuation, irregular overtime (unless they negotiated it), or minimum rehearsal payments\n*   **Information requirements:** Agents must give performers a fact sheet explaining their services, fees, cooling-off periods (a set time to cancel contracts), and how money is handled\n*   **Child protection:** Extra rules for performers under 18—agents must give information to parents/guardians, and there are references to child employment laws\n*   **Penalties:** Lists fines for breaking the main Act ($660 for companies, $220 for individuals)\n\n**Who it affects:**\n\n*   Performers (actors, musicians, dancers, etc.) working in NSW\n*   Talent agents and managers\n*   Parents of child performers\n\n**Why it matters:**\n\nThis protects performers—who often have less bargaining power than their agents—from being overcharged or kept in the dark about their contracts. The fee caps prevent agents from taking excessive commissions, especially for long-running live shows where the performer does the heavy lifting. The information requirements ensure performers know their rights before signing away a percentage of their income."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope has changed from its original intent. The regulation has not been amended since it commenced on 14 August 2020, which suggests no formal scope changes have occurred. The pending Music Bill 2026 may signal an anticipated change in scope going forward, but that is prospective rather than a change to this regulation itself."},"complexity_factors":["Only metadata and administrative status information was provided — no substantive legal provisions are available for analysis","The regulation appears unchanged since 2020, suggesting limited amendment complexity","Interaction with the Music Bill 2026 and the Subordinate Legislation Act 1989 adds a minor layer of legislative interplay to consider","The staged repeal mechanism under the Subordinate Legislation Act 1989 introduces a time-sensitive dimension"],"plain_english_summary":"## Entertainment Industry Regulation 2020 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a type of law made under a broader Act, rather than passed directly by Parliament) that governs the entertainment industry in New South Wales. However, the actual substantive content of the regulation — the specific rules it contains — has **not been provided** in the text above. What has been provided is essentially the metadata and status information from the NSW legislation website.\n\n**What we do know:**\n- The regulation has been in force since **14 August 2020** and has not been amended since.\n- It is scheduled for **automatic repeal (cancellation) on 1 September 2026** under NSW's Subordinate Legislation Act 1989, which routinely sunsets (automatically cancels) older regulations to prevent outdated rules from lingering on the books.\n- A related **Music Bill 2026** is currently before Parliament, which may replace or extend some of this regulation's coverage.\n- Without the actual content, we cannot say precisely who is affected or what obligations/rights the regulation creates.\n\n**Why does this matter to you?**\n- If you work in or around the NSW entertainment industry (performers, agents, promoters, venues), this regulation likely affects your rights and obligations.\n- The looming **September 2026 repeal date** means the rules governing your industry may be about to change significantly — watch the Music Bill 2026 closely."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/entertainment-industry-regulation-2020","history":"/api/acts/entertainment-industry-regulation-2020/history","analysis":"/api/acts/entertainment-industry-regulation-2020/analysis","conflicts":"/api/acts/entertainment-industry-regulation-2020/conflicts","importantCases":"/api/acts/entertainment-industry-regulation-2020/important-cases","documents":"/api/acts/entertainment-industry-regulation-2020/documents"}}