{"id":"south-australian-tourism-commission-act-1993","name":"South Australian Tourism Commission Act 1993","slug":"south-australian-tourism-commission-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110157,"registerId":"sa-south-australian-tourism-commission-act-1993-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Tourism Commission Act 1993","content":"South Australia\nSouth Australian Tourism Commission Act 1993\nAn Act to promote tourism and the tourism industry in the State; to establish the South Australian Tourism Commission; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObject\n4\tInterpretation\nPart 2—South Australian Tourism Commission\nDivision 1—Establishment of Commission\n5\tEstablishment of Commission\nDivision 2—Board\n6\tBoard to be governing body of Commission\n7\tMinisterial control\nDivision 3—Chief Executive Officer\n8\tChief Executive Officer\nDivision 4—Board's membership and procedures\n9\tComposition of board\n10\tConditions of membership\n11\tVacancies or defects in appointment of directors\n12\tRemuneration\n13\tProceedings\n14\tConflict of interest under Public Sector (Honesty and Accountability) Act\n16\tCommon seal and execution of documents\n17\tDelegation\nDivision 5—Staffing arrangements\n18A\tStaffing arrangements\nPart 3—Operations of Commission\n19\tFunctions of Commission\n20\tPowers of Commission\n21\tBanking and investment\nPart 4—Miscellaneous\n22\tBudgets\n23\tAccounts and audit\n24\tAnnual report\n25\tProtection of names\n26\tRegulations\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Tourism Commission Act 1993.\n3—Object\nThe object of this Act is to establish a statutory corporation to assist in securing economic and social benefits for the people of South Australia through—\n\t(a)\tthe promotion of South Australia as a tourist destination, including to undertake, on behalf of the State, the promotion of events, festivals or other activities; and\n\t(b)\tthe further development and improvement of the State's tourism industry.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nboard means the board of directors established as the governing body of the Commission under Part 2;\nCommission means the South Australian Tourism Commission established under Part 2;\nCEO means the Chief Executive Officer of the Commission;\ndirector means a person appointed or holding office as a member of the board under Part 2;\nemploying authority means the person designated by proclamation as being the employing authority for the purposes of this definition;\npromote, in relation to an event, festival or other activity, includes support, organise or conduct.\n\t(2)\tA proclamation made for the purposes of the definition of employing authority—\n\t(a)\tmay apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and\n\t(b)\tmay, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—South Australian Tourism Commission\nDivision 1—Establishment of Commission\n5—Establishment of Commission\n\t(1)\tThe South Australian Tourism Commission is established.\n\t(2)\tThe Commission—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name; and\n\t(ca)\thas all the powers of a natural person that are capable of being exercised by a body corporate; and\n\t(d)\thas the functions and powers assigned or conferred by or under this Act or any other Act.\n\t(3)\tThe Commission is an instrumentality of the Crown and holds its property on behalf of the Crown.\n\t(4)\tIf a document appears to bear the common seal of the Commission, it will be presumed, in the absence of proof to the contrary, that the common seal of the Commission was duly affixed to the document.\nDivision 2—Board\n6—Board to be governing body of Commission\n\t(1)\tA board of directors is established as the governing body of the Commission.\n\t(2)\tAnything done by the board in the administration of the Commission's affairs is binding on the Commission.\n7—Ministerial control\n\t(1)\tThe board is subject to control and direction by the Minister.\n\t(2)\tNo Ministerial direction can be given to suppress information or recommendations from a report by the Commission under this Act.\n\t(3)\tThe board must, in relation to each financial year, enter into a performance agreement with the Minister setting performance targets for the Commission that the board is to pursue in that financial year.\n\t(4)\tA Ministerial direction given during a particular financial year and the performance agreement for a particular financial year must be published in the report of the Commission for that financial year.\nDivision 3—Chief Executive Officer\n8—Chief Executive Officer\n\t(1)\tThe office of Chief Executive Officer (CEO) of the Commission is established.\n\t(2)\tThe CEO is, subject to the control and direction of the board, responsible for—\n\t(a)\tmanaging the staff and resources of the Commission; and\n\t(b)\tgiving effect to the policies and decisions of the board.\n\t(3)\tThe CEO is to be appointed by the Governor, on the recommendation of the Minister and the board, on terms and conditions determined by the Governor.\nDivision 4—Board's membership and procedures\n9—Composition of board\n\t(1)\tThe board is to consist of not less than 7 and not more than 10 directors.\n\t(2)\tThe CEO is to be a director ex officio and the remaining directors are to be appointed by the Governor.\n\t(3)\tThe board's membership must include persons who have, in the Minister's opinion, appropriate expertise in the operation of tourism businesses, regional tourism, business and financial management, marketing, environmental management and industrial relations.\n\t(4)\tAt least two directors must be women and at least two must be men.\n\t(5)\tOne director will be appointed by the Governor to chair meetings of the board.\n\t(6)\tThe Governor may appoint a person to be the deputy of a director, and a person so appointed may act as a director in the absence of that director.\n10—Conditions of membership\n\t(1)\tA director (other than the CEO) will be appointed for a term, not exceeding three years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.\n\t(2)\tThe Governor may remove a director (other than the CEO) from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor failure or incapacity to carry out the duties of his or her office satisfactorily; or\n\t(c)\tif serious irregularities have occurred in the conduct of the Commission's affairs or the board has failed to carry out its functions satisfactorily and the board's membership should, in the opinion of the Governor, be reconstituted for that reason.\n\t(3)\tThe office of a director (other than the CEO) becomes vacant if the director—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence; or\n\t(e)\tis removed from office under subsection (2).\n11—Vacancies or defects in appointment of directors\nAn act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.\n12—Remuneration\nA director is entitled to such remuneration, allowances and expenses as may be determined by the Governor.\n13—Proceedings\n\t(1)\tA quorum of the board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one.\n\t(2)\tThe director appointed to chair meetings of the board will preside at meetings of the board or, in the absence of that director, a director chosen to preside by those present.\n\t(3)\tA decision carried by a majority of the votes cast by directors at a meeting is a decision of the board.\n\t(4)\tEach director present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote.\n\t(5)\tA telephone or video conference between directors will, for the purposes of this section, be taken to be a meeting of the board at which the participating directors are present.\n\t(6)\tA proposed resolution of the board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—\n\t(a)\tnotice of the proposed resolution is given to all directors in accordance with procedures determined by the board; and\n\t(b)\ta majority of the directors express their concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission or other written communication setting out the terms of the resolution.\n\t(7)\tThe board must have accurate minutes kept of its proceedings.\n\t(8)\tSubject to this Act, the board may determine its own procedures.\n14—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA director will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the director has an interest in a matter that is shared in common with those engaged in or associated with the tourism industry generally, or a substantial section of those engaged in or associated with the tourism industry.\n16—Common seal and execution of documents\n\t(1)\tThe common seal of the Commission must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of two directors.\n\t(2)\tThe board may, by instrument under the common seal of the Commission, authorise a director, the CEO, a person employed under this Act (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commission subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Commission.\n\t(4)\tA document is duly executed by the Commission if—\n\t(a)\tthe common seal of the Commission is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Commission by a person or persons in accordance with authority conferred under this section.\n17—Delegation\n\t(1)\tThe board may, by instrument in writing, delegate any of its functions or powers.\n\t(2)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be made subject to conditions and limitations specified in the instrument of delegation; and\n\t(b)\tis revocable at will and does not derogate from the power of the delegator to act in any matter.\n\t(4)\tA delegate must not act in any matter pursuant to the delegation in which the delegate has a direct or indirect pecuniary or personal interest.\nPenalty: Division 5 fine or division 5 imprisonment.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) to prove that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter.\nDivision 5—Staffing arrangements\n18A—Staffing arrangements\n\t(1)\tThe employing authority may employ staff to perform functions in connection with the operations or activities of the Commission.\n\t(2)\tThe terms and conditions of employment of a person under subsection (1) will be determined by the employing authority.\n\t(3)\tA person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009).\n\t(4)\tThe employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of a public sector agency specified by the employing authority (and the person must comply with that direction).\n\t(5)\tThe employing authority is, in acting under this section, subject to direction by the Minister.\n\t(6)\tHowever, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.\n\t(7)\tThe employing authority may delegate a power or function under this section.\n\t(8)\tA delegation under subsection (7)—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be made to a body or person (including a person for the time being holding or acting in a specified office or position); and\n\t(c)\tmay be unconditional or subject to conditions; and\n\t(d)\tmay, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and\n\t(e)\tdoes not derogate from the power of the employing authority to act personally in any matter; and\n\t(f)\tmay be revoked at any time by the employing authority.\n\t(9)\tA change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section.\n\t(10)\tThe Commission must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).\n\t(11)\tThe Commission does not have the power to employ any person.\n\t(12)\tThe Commission may, under an arrangement established by the Minister administering an administrative unit, make use of the services or staff of that administrative unit.\n\t(13)\tIn this section—\npublic sector agency has the same meaning as in the Public Sector Act 2009.\nPart 3—Operations of Commission\n19—Functions of Commission\n\t(1)\tThe Commission has the following functions:\n\t(a)\tto promote South Australia (internationally and domestically) as a tourist destination;\n\t(b)\tto identify tourism opportunities for the State (including opportunities for events and festivals, regional tourism and cultural tourism);\n\t(ba)\tto promote such events, festivals or other activities in the State as are consistent with the object of this Act;\n\t(c)\tto contribute to the preparation and implementation of economic development plans for or relating to the tourism industry of the State;\n\t(d)\tto prepare a plan or series of plans (consistent with relevant economic development plans) for tourism promotion for the State and formulate policies and strategies for implementation of the plan or plans by government, industry and community action;\n\t(e)\tto encourage industry participation in and financial support for co-operative tourism marketing programmes;\n\t(f)\tto assist regional bodies engaged in tourism promotion;\n\t(g)\tto ensure the provision of appropriate tourism and travel information and booking services;\n\t(h)\tto work with and provide advice to operators for improvement of the quality of tourism services and products;\n\t(i)\tto encourage government, industry and community action to enhance visitors' experiences of the State;\n\t(j)\tto advise and provide reports to the Minister on matters relating to tourism and the tourism industry of the State;\n\t(k)\tto carry out any other functions assigned to the Commission by the Minister, or conferred on the Commission under another Act, that are consistent with the object of this Act.\n\t(2)\tThe Commission must carry out its functions—\n\t(a)\tin consultation with the Minister; and\n\t(b)\tin co-operation with other Government agencies, industry, local government and relevant regional and community bodies or groups.\n\t(3)\tThe Commission must ensure that its plans and initiatives are consistent with and give effect to the Government's economic development, social, employment and environmental objectives.\n20—Powers of Commission\n\t(1)\tThe Commission has the powers necessary or incidental to the performance of its functions.\n\t(2)\tThe Commission may, for example—\n\t(a)\tenter into any form of contract or arrangement; and\n\t(c)\tengage consultants or other contractors; and\n\t(d)\tprovide services within areas of the Commission's expertise on terms and conditions with respect to the payment of fees or any other matter as determined by the Commission; and\n\t(e)\testablish committees (consisting of directors, other persons or a combination of directors and others) and assign to the committees advisory functions or delegated powers.\n21—Banking and investment\n\t(1)\tThe Commission may establish and operate ADI accounts.\n\t(2)\tAny money of the Commission that is not immediately required for the purposes of the Commission may be invested in a manner approved by the Treasurer.\nPart 4—Miscellaneous\n22—Budgets\n\t(1)\tThe Commission must, as required by the Minister, submit to the Minister budgets setting out estimates of the Commission's future income and expenditure.\n\t(2)\tThe Minister may approve a budget submitted under this section with or without modification.\n\t(3)\tThe Commission may not expend money unless provision for the expenditure is made in a budget approved under this section or unless the expenditure is approved by the Minister.\n23—Accounts and audit\n\t(1)\tThe Commission must cause proper accounting records to be kept in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe accounting records and the statements of account must comply with—\n\t(a)\tany instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987; and\n\t(b)\tany further requirements imposed by the Auditor-General.\n\t(3)\tThe Auditor-General may at any time audit the accounts of the Commission and must audit the annual statements of account.\n24—Annual report\n\t(1)\tThe Commission must, on or before 30 September in every year, forward to the Minister a report on the Commission's operations for the preceding financial year.\n\t(2)\tThe report must contain—\n\t(a)\tthe audited statements of account of the Commission for the preceding financial year; and\n\t(b)\ta report on—\n\t(i)\tthe state of tourism and the tourism industry in the State; and\n\t(ii)\tthe Commission's plans and the extent to which they have been implemented; and\n\t(iii)\tthe extent to which the Commission met the targets set in the performance agreement for the preceding financial year; and\n\t(c)\tany other information required by or under the provisions of this Act or any other Act.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n25—Protection of names\n\t(1)\tThe Commission may, if it so determines, conduct its operations or any part of its operations under a name (other than the South Australian Tourism Commission) prescribed by regulation.\n\t(2)\tThe Commission has a proprietary interest in—\n\t(a)\tthe name \"South Australian Tourism Commission\"; and\n\t(b)\tany other name prescribed by regulation for the purposes of this section.\n\t(3)\tA person who, without the consent of the Commission, in the course of a trade or business, uses a name in which the Commission has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits is guilty of an offence.\nMaximum penalty: $10 000.\n\t(4)\tA consent under subsection (3) may be given with or without conditions.\n\t(5)\tThe Supreme Court may, on the application of the Commission, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the Commission, order the convicted person to pay compensation to the Commission of an amount fixed by the court.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Commission apart from those subsections.\n26—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tA regulation may impose a fine, not exceeding $2 500, for breach of the regulation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1993\n26\nSouth Australian Tourism Commission Act 1993\n29.4.1993\n1.7.1993 (Gazette 27.5.1993 p1753)\n1999\n33\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 54)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2006\n41\nStatutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 22 (ss 99—102)—1.4.2007 (Gazette 29.3.2007 p930)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 143 (ss 327—329)—1.2.2010 (Gazette 28.1.2010 p320)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 36 (ss 231—236)—1.7.2015 (Gazette 25.6.2015 p3076)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\namended by 8/2015 s 231\n1.7.2015\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 41/2006 s 99(2)\n1.4.2007\nemploying authority\ninserted by 41/2006 s 99(1)\n1.4.2007\npromote\ninserted by 8/2015 s 232\n1.7.2015\ns 4(2)\ninserted by 41/2006 s 99(2)\n1.4.2007\nPt 2\n\n\nPt 2 Div 1\n\n\ns 5\n\n\ns 5(2)\namended by 8/2015 s 233(1), (2)\n1.7.2015\ns 5(4)\ninserted by 8/2015 s 233(3)\n1.7.2015\nPt 2 Div 4\n\n\ns 14\nsubstituted by 84/2009 s 327\n1.2.2010\ns 15\ndeleted by 84/2009 s 327\n1.2.2010\ns 16\n\n\ns 16(2)\namended by 41/2006 s 100\n1.4.2007\ns 18\ndeleted by 84/2009 s 328\n1.2.2010\nPt 2 Div 5\ninserted by 41/2006 s 101\n1.4.2007\ns 18A\n\n\ns 18A(3)\namended by 84/2009 s 329\n1.2.2010\ns 18A(13)\n\n\npublic sector agency\namended by 84/2009 s 329\n1.2.2010\nPt 3\n\n\ns 19\n\n\ns 19(1)\namended by 8/2015 s 234(1)—(3)\n1.7.2015\ns 20\n\n\ns 20(2)\n(b) deleted by 41/2006 s 102(1)\n1.4.2007\ns 20(3)\ndeleted by 41/2006 s 102(2)\n1.4.2007\ns 21\n\n\ns 21(1)\namended by 33/1999 Sch (item 54)\n1.7.1999\nPt 4\n\n\ns 25\n\n\ns 25(3)\namended by 8/2015 s 235\n1.7.2015\ns 26\n\n\ns 26(2)\namended by 8/2015 s 236\n1.7.2015\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nNote—\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);\n\t(b)\ta person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;\n\t(c)\ta person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;\n\t(d)\ta person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.\n\t(3)\tSubject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and\n\t(b)\tthe Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tthe Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.\n3—Superannuation\n\t(1)\tIf a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(b)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).\n4—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(2)\tA notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(3)\tA notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(4)\tA notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.\n\t(5)\tThe fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nHistorical versions\nReprint No 1—1.7.1999\n\n1.4.2007\n\n1.2.2010\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose—establishing a statutory corporation to promote South Australia and develop the tourism industry (s3). Subsequent amendments have mainly altered administrative and machinery provisions rather than broadened the Commission's core remit: for example, amendments introduced explicit staffing arrangements and the \"employing authority\" model (2006, s18A), updated conflict-of-interest and public-sector employment links (2009), and explicitly broadened the meaning of \"promote\" to include events and festivals and adjusted name‑protection and regulation fines (2015). Those changes modify how the Commission is staffed, governed and operates, but do not materially expand the Act's substantive object or assign it unrelated functions."},"complexity_factors":["Relatively short Act (26 sections) organised into clear Parts and Divisions","Defined terms in s4(1): at least 6 core terms (board, Commission, CEO, director, employing authority, promote)","Cross-references to multiple external statutes (Public Sector (Honesty and Accountability) Act 1995, Public Sector Act 2009, Public Finance and Audit Act 1987, Auditor-General provisions, Acts Interpretation Act 1915, Fair Work Act and others) increasing interpretive dependence on external law","Multiple delegation layers (board delegating powers s17; employing authority delegating staff powers s18A(7)), producing nested authority chains","Complex staffing and employment mechanics: the Commission cannot employ staff (s18A(11)); an employing authority does; payments and directions can flow between Minister, Treasurer, employing authority and Commission (s18A(1), (2), (10))","Discretionary removal and appointment powers vested in the Governor and Minister with broad grounds (s9(2), s10(2))","Transparency and reporting obligations that link Ministerial directions and performance agreements to annual reporting (s7(3)–(4), s24), creating procedural dependencies","Specific procedural rules for board proceedings including electronic meetings, written resolutions and quorum calculations (s13), adding operational detail","Statutory carve-out on conflicts of interest (s14) that narrows application of general public sector conflict rules and requires readers to consult the external Public Sector (Honesty and Accountability) Act"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes the South Australian Tourism Commission as a statutory corporation with corporate legal status and powers to act in its name (s5).\n- Sets up a governing board (the board) and a Chief Executive Officer (CEO), defines how directors are appointed, removed, remunerated and how the board makes decisions (ss6–13, 8–12, 16–17).\n- Gives the Commission a set of functions focused on promoting South Australia as a tourist destination and developing the tourism industry, and lists examples of powers needed to do that (ss3, 19–20).\n- Prescribes financial controls: budgets must be submitted to and approved by the Minister, accounts kept and audited by the Auditor‑General, and an annual report laid before Parliament (ss22–24).\n- Sets out staffing arrangements where an \"employing authority\" (not the Commission itself) employs staff for Commission functions and can direct their work; the Commission cannot itself employ staff (s18A).\n- Protects the Commission's names and allows civil and criminal remedies where a business uses those names without consent (s25). Regulations may be made and minor fines imposed under the Act (s26).\n\n\nWho this affects\n\n- The State (through the Minister, Governor and Treasurer) — they appoint directors and set performance agreements and budget constraints (ss7, 9, 22).\n- The Board and CEO — they run and manage the Commission within Ministerial direction and board procedures (ss6, 7, 8).\n- Tourism businesses, regional tourism bodies and contractors — they are subjects of the Commission's promotion, planning and support activities and may be contracted by the Commission (ss19, 20).\n- Employees who work for the Commission's activities — their employer is the designated employing authority, not the Commission itself, and their terms are set by that employing authority (s18A).\n- Private businesses using the Commission's trading names — unlawful use can attract penalties and injunctions (s25).\n\n\nWhy it matters (stated purpose and practical effects)\n\n- The Act's stated purpose is to secure economic and social benefits for South Australians by promoting the State and developing the tourism industry (s3). That purpose is implemented by creating a corporatised body with marketing, planning and advisory functions (ss5, 19).\n\n- Decision‑making and accountability: the board runs the Commission but is \"subject to control and direction\" by the Minister (s7(1)). The Act requires annual performance agreements and publication of Ministerial directions and the performance agreement in the Commission's annual report (s7(3)–(4), s24). Financial controls (budgets, audit) mean the Commission operates within public sector oversight (ss22–23).\n\n- Staffing and cost allocation: the Commission cannot directly employ staff (s18A(11)). Instead an employing authority appoints staff, determines their terms (s18A(1)–(2)), and the Commission must make payments related to those staff if directed by the Minister, Treasurer or employing authority (s18A(10)). This separates employer responsibility and payroll flows and allocates responsibilities across government entities.\n\n- Commercial and market effects: the Commission can enter contracts, engage consultants, provide services for fees and establish committees (s20). It can therefore compete in some markets for marketing services or purchase private services — subject to public‑sector procurement rules and Ministerial direction.\n\n\nTesting the stated purpose against practical trade‑offs, incentives and implementation issues\n\n- Who pays: budgets must be approved by the Minister (s22). The Commission’s activities are funded from its approved budgets and subject to public finance oversight (ss22–23). Staffing costs are borne via arrangements with the employing authority and can involve directed payments by the Commission (s18A(10)). These arrangements create potential cross‑subsidy and accounting complexity between the Commission's budget and other government entities.\n\n- Who decides: the Governor appoints directors and the CEO (ss9(2), 8(3)); the Minister can direct the board and sets performance agreements (s7). The Governor also has removal powers for directors based on broad grounds (s10(2)). This concentrates appointment and supervisory power in the executive branch, constrained by reporting and publication obligations (s7(2)–(4), s24).\n\n- Compliance and administrative burden: the Act imposes recurring duties — annual budgets, audits, reports and performance agreements — and places the Commission within normal public‑sector financial controls (ss22–24). Contractors and industry partners will face contracting and compliance processes when working with the Commission (s20).\n\n- Risk of concentrated benefits / industry influence: the Commission is explicitly empowered to encourage industry participation and financial support for cooperative marketing (s19(1)(e)). Directors are not to be taken to have a conflict of interest under the Public Sector (Honesty and Accountability) Act merely because they share interests common to the tourism industry generally (s14). That carve‑out reduces the automatic disqualification of industry‑connected directors and therefore raises a concrete risk that industry viewpoints will be strongly represented on the board — the Act leaves governor/ministerial appointment choices as the principal check (ss9, 10, 14).\n\n- Implementation risk and discretion: the Act gives the board broad delegation powers (s17) and allows the Minister to control and direct the board (s7). Those features give flexibility to coordinate government policy and to respond quickly, but also create administrative discretion that depends on Ministerial and Governor decisions (ss7, 17). The statutory requirement to publish performance agreements and Ministerial directions (s7(4), s24(2)(b)(iii)) is a transparency mechanism that mitigates some discretion.\n\n- Effects on private choice and competition: the Commission may provide services for fees (s20(2)(d)) and enter into commercial arrangements (s20(2)(a)), so it can be an active market participant in marketing and tourism services. Name protection (s25) restricts private commercial use of certain names and offers remedies (injunctions, fines). The Act does not itself grant regulatory powers over tourism operators beyond contractual and advisory channels.\n\n\nKey statutory mechanics to note (useful quick references)\n\n- Object: promote SA and develop tourism industry (s3).\n- Functions and powers: detailed at ss19–20.\n- Ministerial control, performance agreements and publication: s7.\n- Staffing: employing authority arrangements and limits on Commission employing staff: s18A.\n- Financial controls, audit and reporting: ss22–24.\n- Name protection and penalties: s25.\n\n\nPractical consequences for stakeholders\n\n- Ministers/Governor: retain appointment, removal and directive powers; must oversee budgets and performance reporting (ss7, 9, 10, 22–24).\n- Board/CEO: operational managers within Ministerial control; can contract and delegate but must meet performance targets and public reporting requirements (ss8, 17, 7(3)).\n- Industry and regional bodies: subject to Commission promotion programs, eligible to be partners or contractors; may be solicited for financial support in cooperative marketing programmes (s19(1)(e)).\n- Employees: employed by an employing authority not the Commission; terms set by that authority; Commission may be directed to make related payments (s18A).\n\n\nOverall, the Act creates a corporatised, publicly accountable marketing and development agency for tourism, balanced by Ministerial direction, public finance controls and reporting obligations. The principal trade‑offs are between flexibility to act commercially (contracting, providing services) and executive control plus public‑sector accountability; and between industry representation on the board and safeguards against conflicts of interest (ss20, 7, 14)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The page returned was an error page from the South Australian legislation website, not the Act itself."},"complexity_factors":["No legislative text was retrievable — a '404 Page Not Found' error was returned instead of the Act's content","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying Act"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *South Australian Tourism Commission Act 1993* could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a URL change following a website update on 24 March 2026.\n\n**What we do know from context:**\n- This Act established the **South Australian Tourism Commission**, the government body responsible for promoting and developing tourism in South Australia.\n- It would typically cover the Commission's powers, functions, governance structure, and accountability obligations.\n- It affects **tourism operators, event organisers, and businesses** that interact with or receive support from the Commission, as well as South Australian taxpayers who fund it.\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'South Australian Tourism Commission Act 1993' directly."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1993 Act established a relatively straightforward statutory corporation for tourism promotion. However, the 2006 amendments (Statutes Amendment (Public Sector Employment) Act) significantly expanded the scope by inserting Division 5 (Staffing arrangements) and the complex transitional Schedule 1. These changes transformed the Act from a simple tourism promotion statute into a vehicle for industrial relations reform, transferring employees from Commonwealth workplace relations systems to state systems and creating elaborate employing authority structures. The 2015 amendments further expanded the Commission's functions to explicitly include organising and conducting events/festivals, not just promoting them, shifting from passive marketing to active event management."},"complexity_factors":["Moderate length (26 sections plus schedules) but straightforward structure","8 defined terms in section 4, plus cross-references to other Acts (Public Sector Act 2009, Public Finance and Audit Act 1987, etc.)","Nested governance structure: Minister → Board → CEO → employing authority → staff, with specific limitations on Ministerial interference in staffing (section 18A(6))","Transitional provisions in Schedule 1 include complex industrial relations machinery for transferring employees from Commonwealth awards to state awards","Multiple cross-references to other legislation for accounting (Public Finance and Audit Act), industrial relations (Fair Work Act 1994), and integrity (Public Sector (Honesty and Accountability) Act 1995)","Conditional logic in delegation provisions (section 17 and 18A(7)) with specific defences and offence provisions","Gender quota requirement for Board membership (section 9(4)) — unusual specificity","Ex officio membership of CEO on Board creates dual reporting lines"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **South Australian Tourism Commission** — a government body (called a \"statutory corporation\") whose job is to promote South Australia as a tourist destination and help grow the state's tourism industry.\n\n**Who it affects:**\n\n* **Tourists and visitors** — benefit from better promotion and improved tourism services\n* **Tourism businesses** — get support, marketing help, and advice on improving their services\n* **Regional communities** — receive assistance with regional tourism promotion\n* **Commission staff** — employed under special arrangements (not standard public service rules)\n* **The general public** — gains economic and social benefits from a stronger tourism sector\n\n**Key features:**\n\n* **Structure:** The Commission is run by a **Board of Directors** (7–10 people, including a CEO) with expertise in tourism, business, marketing, and environmental management. The Board must include at least two women and two men.\n* **Ministerial oversight:** The Minister can give directions to the Board and must approve budgets, but cannot interfere with individual staff appointments or suppress reports.\n* **What the Commission can do:**\n  * Promote SA domestically and internationally\n  * Organise or support events and festivals\n  * Develop tourism strategies and plans\n  * Provide travel information and booking services\n  * Advise government on tourism policy\n  * Enter contracts, hire consultants, and establish committees\n* **Staffing:** Staff are employed by a designated \"employing authority\" (not directly by the Commission) under flexible arrangements that keep them as Crown employees but outside the standard public service.\n* **Financial controls:** The Commission must submit budgets to the Minister, keep proper accounts audited by the Auditor-General, and publish an annual report tabled in Parliament.\n* **Name protection:** The Commission owns the rights to its name and can take legal action against unauthorised commercial use.\n\n**Why it matters:**\n\nThis law establishes the legal framework for South Australia's official tourism marketing body. It balances operational independence (the Board makes binding decisions) with government accountability (Ministerial direction, budget approval, and parliamentary reporting). The staffing arrangements allow flexibility while maintaining public sector oversight, and the name protection provisions safeguard the Commission's brand integrity."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-tourism-commission-act-1993","history":"/api/acts/south-australian-tourism-commission-act-1993/history","analysis":"/api/acts/south-australian-tourism-commission-act-1993/analysis","conflicts":"/api/acts/south-australian-tourism-commission-act-1993/conflicts","importantCases":"/api/acts/south-australian-tourism-commission-act-1993/important-cases","documents":"/api/acts/south-australian-tourism-commission-act-1993/documents"}}