{"id":"nsw:act-2025-023","name":"Screen and Digital Games Industries Act 2025","slug":"screen-and-digital-games-industries-act-2025","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"23 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28800,"registerId":"nsw-act-2025-023-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 [Screen and Digital Games Industries Act 2025](/view/html/inforce/current/act-2025-023).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 1 July 2025.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 1 defines words used in this Act.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Object","content":"#### 4 Object\n\n4 Object\n\n> The object of this Act is to assist, promote and strengthen the screen and digital games industries in New South Wales—\n> \n> > (a) to promote Australia’s cultural identity and acknowledge the intrinsic worth of Australian stories to community wellbeing, and\n> \n> > (b) to recognise and nurture screen and digital games storytelling as a public good, and\n> \n> > (c) to encourage the employment of Australians in all aspects of screen and digital games production, and\n> \n> > (d) to encourage investment in the screen and digital games industries and enhance the industries’ export potential, and\n> \n> > (e) to encourage innovation and enhance quality in the screen and digital games industries, and\n> \n> > (f) by promoting cooperation between the State, local councils and participants in the screen and digital games industries in a way that supports the screen and digital games industries.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Functions of Secretary","content":"# Part 2 Functions of Secretary\n\nPart 2 Functions of Secretary","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Secretary’s functions","content":"#### 5 Secretary’s functions\n\n5 Secretary’s functions\n\n> > (1) The Secretary has the following functions under this Act—\n> > \n> > > (a) to provide financial and other assistance to the screen and digital games industries in carrying out the industries’ activities in New South Wales and to disseminate information about the activities,\n> > \n> > > (b) to provide financial and other assistance for persons whose work in the screen and digital games industries merits encouragement, including directors, producers, actors, writers, technicians and game developers,\n> > \n> > > (c) to provide financial and other assistance for script, game or other project development for screen or digital games production,\n> > \n> > > (d) to contribute, financially and otherwise, to the work of screen or digital games festivals and other events and markets,\n> > \n> > > (e) to assist in—\n> > > \n> > > > (i) the promotion of public interest in screen and digital games as mediums of communication and as art forms, and\n> > > \n> > > > (ii) the development of informed and critical screen and digital games audiences,\n> > \n> > > (f) to provide policy and support services and advice to Government agencies on screen and digital games production,\n> > \n> > > (g) to undertake screen and digital games production for the State or for other persons, bodies or organisations, including Government agencies,\n> > \n> > > (h) to carry out obligations and responsibilities required for the maintenance and administration of the screen or digital games catalogue vested in the State.\n> \n> > (2) The Secretary has the power to do anything necessary or convenient to be done for or in connection with the exercise of the Secretary’s functions, including the power to impose charges or fees for access to, or use of, resources, facilities or services of the Department as the Secretary considers appropriate.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Advisory Committee","content":"# Part 3 Advisory Committee\n\nPart 3 Advisory Committee","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Advisory Committee","content":"#### 6 Advisory Committee\n\n6 Advisory Committee\n\n> > (1) The Screen and Digital Games Industries Advisory Committee is established.\n> \n> > (2) The Advisory Committee consists of members appointed by the Minister.\n> \n> > (3) The composition of the Advisory Committee must be determined by the regulations.\n> \n> > (4) The Advisory Committee has the following functions—\n> > \n> > > (a) to advise the Minister on the operation of the screen and digital games industries in New South Wales,\n> > \n> > > (b) any other functions—\n> > > \n> > > > (i) prescribed by the regulations, or\n> > > \n> > > > (ii) agreed between the Minister and the Advisory Committee.\n> \n> > (5) The regulations may prescribe matters about the members and procedure of the Advisory Committee.","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Assistance to screen and digital games industries","content":"# Part 4 Assistance to screen and digital games industries\n\nPart 4 Assistance to screen and digital games industries","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Principles","content":"## Division 1 Principles\n\nDivision 1 Principles","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Principles to be applied to assist screen and digital games industries","content":"#### 7 Principles to be applied to assist screen and digital games industries\n\n7 Principles to be applied to assist screen and digital games industries\n\n> > (1) This section applies if a decision-maker is making a decision in relation to screen or digital games production including under this Act or another Act.\n> \n> > (2) The decision-maker must ensure the following principles are complied with in making the decision—\n> > \n> > > (a) applications for access to locations, services and approvals for screen or digital games production must be decided within—\n> > > \n> > > > (i) timeframes provided in—\n> > > > \n> > > > > (A) a policy published by the decision-maker making the decision, or\n> > > > \n> > > > > (B) the applicable filming protocol, or\n> > > \n> > > > (ii) if a timeframe for deciding the application is not provided in a policy or protocol referred to in subparagraph (i)—a reasonable timeframe,\n> > \n> > > (b) access to locations and services for screen or digital games production must be supported whenever practicable, taking into account public amenity, safety, security and other operational requirements,\n> > \n> > > (c) fees for access to locations, services from government sector agencies or other approvals for screen or digital games production must be kept to a minimum and reflect only the cost of the access, service or approval being provided.\n> \n> > (3) In this section—\n> > \n> > decision-maker means the following—\n> > \n> > > (a) a Minister,\n> > \n> > > (b) the head of a government sector agency,\n> > \n> > > (c) a local council.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Screen production friendly local councils","content":"## Division 2 Screen production friendly local councils\n\nDivision 2 Screen production friendly local councils","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Accreditation of local councils as screen production friendly","content":"#### 8 Accreditation of local councils as screen production friendly\n\n8 Accreditation of local councils as screen production friendly\n\n> > (1) A local council may be accredited as a screen production friendly local council.\n> \n> > (2) Accreditation of local councils will be carried out and determined in accordance with guidelines issued by the Minister.\n> \n> > (3) Without limiting subsection (2), the guidelines must provide for the process for accreditation, including—\n> > \n> > > (a) the criteria to be considered in determining whether a local council will be accredited, and\n> > \n> > > (b) other matters relating to the determination of whether a local council will be accredited.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Register of screen production friendly local councils and production spaces and locations","content":"#### 9 Register of screen production friendly local councils and production spaces and locations\n\n9 Register of screen production friendly local councils and production spaces and locations\n\n> > (1) The Secretary must keep a register of—\n> > \n> > > (a) local councils that have been accredited under section 8, and\n> > \n> > > (b) spaces and other locations accessible for screen production.\n> \n> > (2) The register must be made available on a website of the Department.","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Delegation","content":"#### 10 Delegation\n\n10 Delegation\n\n> The Secretary may delegate the exercise of the Secretary’s functions under this Act, other than this power of delegation, to—\n> \n> > (a) a person employed in the Department, or\n> \n> > (b) a person, or a class of persons, prescribed by the regulations.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Personal liability","content":"#### 11 Personal liability\n\n11 Personal liability\n\n> > (1) A protected person is not personally subject to liability for anything done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purpose of exercising a function under this Act.\n> \n> > (2) The liability instead attaches to the Crown.\n> \n> > (3) In this section—\n> > \n> > done includes omitted to be done.\n> > \n> > liability means civil liability and includes action, claim or demand.\n> > \n> > protected person means—\n> > \n> > > (a) the Secretary, or\n> > \n> > > (b) a member of the Advisory Committee, or\n> > \n> > > (c) a person acting under the direction of the Secretary or a member of the Advisory Committee.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12 (Repealed)","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> The Governor may make regulations about a matter that is—\n> \n> > (a) required or permitted by this Act to be prescribed, or\n> \n> > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14 (Repealed)","sortOrder":21},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 1 Dictionary\n\nSchedule 1 Dictionary\n\nsection 3\n\nAdvisory Committee means the Screen and Digital Games Industries Advisory Committee established under section 6(1).\n\nDepartment means the department in which this Act is administered.\n\ndigital games production means the process of creating games in electronic form using a variety of media, including animation, sound, music and cinematography.\n\ngovernment sector agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n\nhead, of a government sector agency, has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n\nscreen production means the process of aggregating moving images with or without sounds that can be viewed on a screen, including, for example, a film or television program or content.\n\nSecretary means the Secretary of the Department.","sortOrder":23},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Screen and Digital Games Industries (Advisory Committee) Regulation 2025","content":"# Schedule 2 Screen and Digital Games Industries (Advisory Committee) Regulation 2025\n\nSchedule 2 [Screen and Digital Games Industries (Advisory Committee) Regulation 2025](/view/html/inforce/current/sl-2025-0323)\n\n**sch 2:** Rep 2025 No 23, sec 14.\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Presiding member","content":"#### 15 Presiding member\n\n15 Presiding member\n\n> > (1) The chairperson must preside at a meeting of the Advisory Committee.\n> \n> > (2) The chairperson has—\n> > \n> > > (a) a deliberative vote, and\n> > \n> > > (b) if there is an equality of votes—a second or casting vote.","sortOrder":43},{"sectionNumber":"16","sectionType":"section","heading":"Voting","content":"#### 16 Voting\n\n16 Voting\n\n> A decision supported by a majority of the votes cast at an Advisory Committee meeting at which a quorum is present is the decision of the Committee.","sortOrder":44},{"sectionNumber":"17","sectionType":"section","heading":"Transaction of business outside meetings or by telecommunication","content":"#### 17 Transaction of business outside meetings or by telecommunication\n\n17 Transaction of business outside meetings or by telecommunication\n\n> > (1) The Advisory Committee may, if it thinks fit, transact its business—\n> > \n> > > (a) by the circulation of papers, by email or other electronic means, among all members, or\n> > \n> > > (b) at a meeting at which all or some members participate by telephone or other electronic means, but only if a member who speaks on a matter at the meeting can be heard by the other members.\n> \n> > (2) If the Advisory Committee transacts its business by the circulation of papers under subsection (1)(a), a written resolution approved in writing by a majority of the members of the Committee is taken to be a decision of the Committee made at a Committee meeting.\n> \n> > (3) The chairperson and each other member of the Advisory Committee have the same voting rights as at an ordinary Committee meeting for—\n> > \n> > > (a) a meeting held in accordance with subsection (1)(b), or\n> > \n> > > (b) an approval of a resolution under subsection (2).\n> \n> > (4) A resolution approved under subsection (2) must be recorded in the minutes of the Advisory Committee meeting.","sortOrder":45}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Provisions align with the Act’s stated object (s4): supporting NSW screen and digital games industries via funding, advice, council accreditation, procedural principles and a public register. The Act confines powers to those support functions and delegates operational detail to regulations and Ministerial guidelines rather than expanding substantive scope."},"complexity_factors":["Ministerial and regulatory discretion over accreditation criteria, committee composition and procedures (ss6(3), 8(2), 13).","Broad Secretary powers to provide financial/other assistance and to charge fees for Department resources, with limited statutory criteria for funding decisions (s5(1)–(2)).","Delegation of Secretary functions to staff or prescribed persons introduces administrative layers and potential variance in decision-making (s10).","Advisory Committee composition rules impose representational quotas (Aboriginal or Torres Strait Islander, regional, digital games experience) that constrain appointments (reg 4(6)–(9)).","Subcommittees may allocate funding, concentrating allocation discretion below ministerial level (reg 6(2)).","Conflict-of-interest disclosure, record-keeping and public inspection obligations create compliance and transparency costs for members (reg 11(2)–(6)).","Principles require timely decisions and cost‑reflective fees but leave 'reasonable timeframe' and 'minimum fees' undefined, creating implementation ambiguity (s7(2)).","Registration and accreditation duties (register of councils/locations) create operational obligations and information‑maintenance costs for the Department (s9)."],"plain_english_summary":"**This Act** establishes a practical support framework for NSW’s screen and digital games industries: it gives the Secretary power to fund, assist and produce projects and to impose charges (s5), creates an Advisory Committee to advise the Minister and Secretary (s6), and allows local councils to be accredited as ‘screen production friendly’ with a public register (ss8–9). It requires timely, cost‑reflective decision‑making for approvals (s7), permits delegation and provides Crown indemnity for officials (ss10–11)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated object. It covers screen production and digital games as intended, with the Advisory Committee regulation providing appropriate operational detail without significant scope creep. The inclusion of digital games alongside traditional screen content appears to be part of the original design rather than an expansion."},"complexity_factors":["Moderate length with 14 sections in the Act plus a detailed regulation (Schedule 2) of 17 sections","Cross-references to the Interpretation Act 1987 and Government Sector Employment Act 2013","Nested conditions in section 7 (decision-making principles) with multiple tiers of subparagraphs (i), (ii), (A), (B)","Detailed composition requirements for the Advisory Committee in Schedule 2, section 4, including specific eligibility constraints (chairperson must have industry experience, deputy must NOT have industry experience, mandatory representation requirements)","Complex vacancy and term-limit rules in section 7 of Schedule 2 with exceptions for temporary appointments","Multi-layered pecuniary interest disclosure requirements in section 11 of Schedule 2 with specific procedural constraints","Repealed sections (12 and 14) and repealed schedules (2 and 3) creating structural clutter","Regulation-making powers that leave significant detail to future instruments (e.g., accreditation criteria for councils, specific funding program guidelines)"],"plain_english_summary":"**What this legislation does:**\n\nThis Act establishes a framework to support and grow the screen and digital games industries in New South Wales. It creates a government body (the Secretary) with broad powers to provide financial assistance, policy advice, and practical support to film, television, and video game producers. It also establishes an Advisory Committee of industry experts to guide government decisions on funding and strategy.\n\n**Key features:**\n\n- **Financial support**: The Secretary can give money to individual creators (directors, writers, game developers, actors, technicians), fund specific projects, and support festivals and markets.\n- **Production services**: The Secretary can actually make films and games on behalf of the State or other organisations, and maintain a catalogue of screen content.\n- **Streamlined approvals**: Government agencies and local councils must process filming applications within set timeframes, keep fees to a minimum, and support production \"whenever practicable.\"\n- **Screen production friendly councils**: Local councils can apply for accreditation as \"screen production friendly,\" with the Secretary keeping a public register of accredited councils and available filming locations.\n- **Advisory Committee**: A committee of up to 10 appointed members (including at least one Aboriginal or Torres Strait Islander person, one regional representative, and one digital games expert) advises on funding allocation, strategic direction, and intellectual property rights.\n\n**Who it affects:**\n\n- Film, TV, and video game producers working in NSW\n- Individual creatives (writers, directors, actors, game developers, technicians)\n- Local councils seeking to attract production activity\n- Government agencies involved in filming permits and approvals\n- The general public (through promotion of Australian cultural content)\n\n**Why it matters:**\n\nThis legislation treats screen content and digital games as culturally valuable \"public goods\" worthy of government investment. It aims to keep Australian stories on screens, create local jobs, boost exports, and make NSW an attractive place to produce content by cutting red tape and offering financial incentives. The inclusion of digital games alongside traditional screen production reflects the growing economic and cultural significance of the video game industry."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this Act changed from its original intent. The title consistently references both screen and digital games industries, and both versions (22 May 2025 and 2 July 2025) appear to reflect the same broad subject matter. The July 2025 update appears to be an amendment rather than a scope change. Without access to the operative provisions or explanatory materials, a definitive scope assessment cannot be made."},"complexity_factors":["Only metadata and navigation content was provided — the operative provisions of the Act are absent, preventing full complexity assessment","The Act covers two distinct industries (screen and digital games) which may involve different regulatory regimes operating in parallel","Interaction with Commonwealth screen industry legislation (e.g. federal film incentive schemes) likely adds an intergovernmental layer of complexity","Digital games regulation is a relatively novel area of law in Australia, which can create definitional and classification challenges","The Act has already been amended once (version change on 2 July 2025), suggesting some complexity in its implementation"],"plain_english_summary":"This NSW Act creates a legal framework for the screen (film, TV, streaming) and digital games industries, formally recognising video games as a distinct sector. It affects producers, game developers, industry workers and the government bodies that support and regulate them.\n\nIt signals likely new or restructured support, funding and regulatory arrangements, but only metadata/administrative material was supplied, so the Act’s operative rights, obligations and powers are not available. It falls under the Minister for the Arts and took effect 2 July 2025."}},"importantCases":[],"_links":{"self":"/api/acts/screen-and-digital-games-industries-act-2025","history":"/api/acts/screen-and-digital-games-industries-act-2025/history","analysis":"/api/acts/screen-and-digital-games-industries-act-2025/analysis","conflicts":"/api/acts/screen-and-digital-games-industries-act-2025/conflicts","importantCases":"/api/acts/screen-and-digital-games-industries-act-2025/important-cases","documents":"/api/acts/screen-and-digital-games-industries-act-2025/documents"}}