{"id":"C2004A01307","name":"Tourism Australia Act 2004","slug":"tourism-australia-act-2004","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"74 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32802,"registerId":"commonwealth-C2004A01307-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Tourism Australia Act 2004.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004 (s 2(1); Gazette 2004, GN26)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Managing Director.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Board means the Board of Directors of Tourism Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Managing Director means the Managing Director of Tourism Australia.\n\n> member means a member of the Board (including the Chair and Deputy Chair).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extended geographical application of this Act","content":"#### 4 Extended geographical application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Tourism Australia","content":"## Part 2—Tourism Australia","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment","content":"#### 5 Establishment\n\n (1) Tourism Australia is established by this section.\n (2) Tourism Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Tourism Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and\n (b) presume that the document was duly sealed.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Objects","content":"#### 6 Objects\n\n Tourism Australia’s objects are:\n (a) to influence people to travel to Australia, including for events; and\n (b) to influence people travelling to Australia to also travel throughout Australia; and\n (c) to influence Australians to travel throughout Australia, including for events; and\n (d) to help foster a sustainable tourism industry in Australia; and\n (e) to help increase the economic benefits to Australia from tourism.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions","content":"#### 7 Functions\n\n (1) Tourism Australia’s functions are:\n (a) to increase the awareness of potential international travellers of Australia as a destination; and\n (b) to increase the awareness of potential domestic travellers of Australia as a place to travel; and\n (c) to increase the knowledge of potential travellers, both international and domestic, of Australia; and\n (d) to increase the desire of potential international travellers to travel to Australia; and\n (e) to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and\n (f) to conduct research into, and analysis of, international and domestic travel; and\n (g) to report on trends in international and domestic travel; and\n (h) to communicate effectively with the Australian tourism industry on issues that may affect it; and\n (i) to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.\n (2) In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.\n (3) Tourism Australia may perform its functions:\n (a) in cooperation with the tourism industry; and\n (b) in cooperation with Australian governments and agencies, and foreign governments.\n (4) Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n (a) for purposes related to external affairs; and\n (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (c) for purposes related to a Territory; and\n (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n (h) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n (j) for purposes related to the executive power of the Commonwealth; and\n (k) for purposes related to money appropriated for the purposes of the Commonwealth; and\n (l) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n (m) in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (n) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and\n (o) by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Powers","content":"#### 8 Powers\n\n (1) Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Tourism Australia’s powers include, but are not limited to, the following powers:\n (a) to enter into contracts, agreements or arrangements; and\n (b) to establish offices; and\n (c) to acquire, hold and dispose of real and personal property; and\n (d) to lease the whole or any part of any land or building; and\n (e) to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and\n (f) to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and\n (g) to accept gifts, grants, bequests and devises made to it; and\n (h) to act as trustee of money and other property vested in it on trust; and\n (i) to enter into cooperative arrangements with other persons; and\n (j) to appoint agents and attorneys, and act as an agent for other persons; and\n (k) to obtain commercial sponsorship; and\n (l) to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and\n (m) to provide financial assistance; and\n (n) to do such other things as it is authorised to do by or under this Act; and\n (o) to do anything incidental to any of its powers.\n (3) Tourism Australia must not carry on business as a travel agent.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Board of Directors of Tourism Australia","content":"An Act to establish Tourism Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Tourism Australia Act 2004.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004 (s 2(1); Gazette 2004, GN26)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Managing Director.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Board means the Board of Directors of Tourism Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Managing Director means the Managing Director of Tourism Australia.\n\n> member means a member of the Board (including the Chair and Deputy Chair).\n\n#### 4 Extended geographical application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Tourism Australia\n\n#### 5 Establishment\n\n (1) Tourism Australia is established by this section.\n (2) Tourism Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Tourism Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Objects\n\n Tourism Australia’s objects are:\n (a) to influence people to travel to Australia, including for events; and\n (b) to influence people travelling to Australia to also travel throughout Australia; and\n (c) to influence Australians to travel throughout Australia, including for events; and\n (d) to help foster a sustainable tourism industry in Australia; and\n (e) to help increase the economic benefits to Australia from tourism.\n\n#### 7 Functions\n\n (1) Tourism Australia’s functions are:\n (a) to increase the awareness of potential international travellers of Australia as a destination; and\n (b) to increase the awareness of potential domestic travellers of Australia as a place to travel; and\n (c) to increase the knowledge of potential travellers, both international and domestic, of Australia; and\n (d) to increase the desire of potential international travellers to travel to Australia; and\n (e) to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and\n (f) to conduct research into, and analysis of, international and domestic travel; and\n (g) to report on trends in international and domestic travel; and\n (h) to communicate effectively with the Australian tourism industry on issues that may affect it; and\n (i) to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.\n (2) In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.\n (3) Tourism Australia may perform its functions:\n (a) in cooperation with the tourism industry; and\n (b) in cooperation with Australian governments and agencies, and foreign governments.\n (4) Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n (a) for purposes related to external affairs; and\n (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (c) for purposes related to a Territory; and\n (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n (h) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n (j) for purposes related to the executive power of the Commonwealth; and\n (k) for purposes related to money appropriated for the purposes of the Commonwealth; and\n (l) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n (m) in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (n) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and\n (o) by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.\n\n#### 8 Powers\n\n (1) Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Tourism Australia’s powers include, but are not limited to, the following powers:\n (a) to enter into contracts, agreements or arrangements; and\n (b) to establish offices; and\n (c) to acquire, hold and dispose of real and personal property; and\n (d) to lease the whole or any part of any land or building; and\n (e) to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and\n (f) to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and\n (g) to accept gifts, grants, bequests and devises made to it; and\n (h) to act as trustee of money and other property vested in it on trust; and\n (i) to enter into cooperative arrangements with other persons; and\n (j) to appoint agents and attorneys, and act as an agent for other persons; and\n (k) to obtain commercial sponsorship; and\n (l) to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and\n (m) to provide financial assistance; and\n (n) to do such other things as it is authorised to do by or under this Act; and\n (o) to do anything incidental to any of its powers.\n (3) Tourism Australia must not carry on business as a travel agent.\n\n## Part 3—The Board of Directors of Tourism Australia\n\n### Division 1—The Board\n\n#### 9 Establishment\n\n The Board of Directors of Tourism Australia is established by this section.\n\n#### 10 Functions\n\n The Board has the following functions:\n (a) to ensure the proper and efficient performance of Tourism Australia’s functions;\n (b) to determine Tourism Australia’s policy in relation to any matter.\n\n#### 11 Powers\n\n The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 12 Membership\n\n The Board consists of the following members:\n (a) the Chair;\n (b) the Deputy Chair;\n (d) the Managing Director;\n (e) 6 other members.\n\n> Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.\n\n#### 13 Appointing members\n\n (1) The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.\n (2) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.\n\n#### 14 Qualifications for appointment\n\n The Minister may appoint a person as a member only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:\n (a) international tourism;\n (b) domestic tourism;\n (c) corporate governance;\n (d) financial management;\n (e) marketing and promotion;\n (f) business;\n (g) investment strategies;\n (h) infrastructure in Australia that supports tourism, including events;\n (i) transport networks;\n (j) economic analysis;\n (k) current and emerging technologies;\n (l) regional development;\n (m) environmental management;\n (n) Australian indigenous tourism or culture.\n\n#### 15 Term and basis of appointment\n\n (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (3) An appointed member holds office on a part‑time basis.\n\n#### 16 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint an appointed member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Members’ remuneration and allowances\n\n (1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.\n (2) An appointed member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.\n\n#### 19 Resignation\n\n An appointed member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 20 General provision for termination of appointment\n\n (2) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n (3) The Minister must terminate the appointment of an appointed member if:\n (a) the appointed member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20A Termination of appointment at instance of Board or for non‑performance etc.\n\n (1) The Minister may terminate the appointment of an appointed member if:\n (a) the Board has resolved that the appointment of the appointed member be terminated; and\n (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and\n (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.\n (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:\n (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or\n (b) that the performance of the appointed member has been unsatisfactory for a significant period.\n\n#### 21 Other terms and conditions\n\n An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.\n\n### Division 2—Board procedures\n\n#### 22 Convening meetings\n\n (1) The Board must hold the meetings that are necessary for the efficient performance of its role.\n (2) Meetings are to be held at the times and places that the Board determines.\n (3) The Chair:\n (a) may convene a meeting; and\n (b) must convene a meeting if requested in writing by 3 or more other members.\n (4) The Minister may, at any time, convene a meeting of the Board.\n\n#### 23 Presiding at meetings\n\n (1) The Chair must preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.\n (3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director) to preside.\n\n#### 24 Quorum\n\n (1) At a meeting of the Board a quorum is constituted by 5 members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 25 Voting at meetings\n\n (1) A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 26 Resolutions\n\n (1) The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.\n (2) Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.\n (3) The resolution is passed when the last of the members signs.\n\n#### 27 Other procedural matters\n\n (1) Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n (2) The Board must:\n (a) keep minutes of its meetings; and\n (b) keep a record of resolutions passed in accordance with section 26.\n\n### Division 3—Advisory panels\n\n#### 28 Advisory panels\n\n (1) The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.\n\n> Note 1: The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.\n\n> Note 2: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) An advisory panel consists of such persons as the Board appoints to the panel in writing.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (3) The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n\n#### 29 Procedures of advisory panels etc.\n\n An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).\n\n#### 30 Disclosure of interests at meetings\n\n (1) A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.\n (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.\n (3) The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).\n\n#### 31 Resignation\n\n A member of an advisory panel may resign by giving the Board a written resignation.\n\n#### 32 Other terms and conditions\n\n A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.\n\n## Part 4—Corporate planning and accountability\n\n### Division 1—Corporate plan and annual operational plan\n\n#### 33 Corporate plan\n\n (1) The Board must prepare a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.\n (4) In preparing a plan, the Board must consult:\n (a) State and Territory tourism authorities; and\n (b) anyone else concerned with tourism that the Board considers appropriate; and\n (c) anyone else specified by the Minister in writing.\n (5) The Board may revise the corporate plan on its own initiative at any other time.\n (6) This Division applies to a revised corporate plan in the same way it applies to a corporate plan.\n\n#### 34 Matters to be covered by plan\n\n The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.\n\n#### 35 Minister’s response to corporate plan\n\n (1) For each corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister must consider whether or not to endorse the plan.\n (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (4) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.\n (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.\n (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.\n (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 36 Annual operational plan\n\n (1) When the Board is preparing or revising a corporate plan, the Board must:\n (a) prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and\n (b) give the plan to the Minister for his or her endorsement.\n (2) The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.\n (3) The annual operational plan for a financial year must:\n (a) contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and\n (b) specify:\n (i) the programs that the Board proposes Tourism Australia to carry out; and\n (ii) the resources that the Board proposes to allocate to each program;\n in giving effect to the corporate plan during the financial year.\n (4) The Board may revise the annual operational plan on its own initiative at any time.\n (5) The Board must give a revised plan to the Minister for his or her endorsement.\n (6) This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.\n\n#### 37 Minister’s response to annual operational plan\n\n (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (2) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.\n (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:\n (a) the annual operational plan and the corporate plan; and\n (b) the annual operational plan and government policies.\n If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.\n (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.\n (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 38 Board to comply with corporate and annual operational plans\n\n So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.\n\n### Division 2—Accountability\n\n#### 39 Annual report\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of:\n (a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and\n (b) significant activities undertaken jointly during the period; and\n (c) significant capital works programs undertaken by Tourism Australia during the period; and\n (d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and\n (e) revisions of the annual operational plan approved by the Minister during the period.\n\n#### 40 Ministerial direction\n\n (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.\n (2) The Minister must not give a direction to the Board under subsection (1) unless he or she:\n (a) has notified the Board in writing that he or she is considering giving the direction; and\n (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and\n (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.\n (3) The Board must comply with a direction under subsection (1).\n (4) The Minister must cause a copy of a direction under subsection (1):\n (a) to be published in the Gazette as soon as practicable after giving the direction; and\n (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.\n (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:\n (a) details of the direction; and\n (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.\n (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.\n\n### Division 3—Tourism Australia Values and Code of Conduct\n\n#### 41 Tourism Australia Values\n\n (1) The Board must determine, in writing, the Tourism Australia Values.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Board must uphold and promote the Tourism Australia Values.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n#### 42 Tourism Australia Code of Conduct\n\n (1) The Board must determine, in writing, the Tourism Australia Code of Conduct.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n## Part 5—Managing Director, employees and consultants\n\n### Division 1—Managing Director\n\n#### 43 Managing Director\n\n There is to be a Managing Director of Tourism Australia.\n\n#### 44 Duties\n\n (1) The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.\n (2) Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.\n\n#### 45 Appointment\n\n (1) The Managing Director is to be appointed by the Board by written instrument.\n (2) The Board must not appoint an appointed member as the Managing Director.\n (3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.\n\n#### 46 Term of appointment\n\n A person appointed as Managing Director holds office for the period specified in the instrument of appointment.\n\n#### 47 Acting Managing Director\n\n The Board may appoint a person (other than a member) to act as the Managing Director:\n (a) during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 48 Remuneration and allowances\n\n (1) The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.\n (2) The Managing Director is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Outside employment\n\n The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.\n\n#### 50 Recreation leave\n\n The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n#### 51 Resignation\n\n The Managing Director may resign his or her appointment by giving the Chair a written resignation.\n\n#### 53 Termination of appointment\n\n (1) The Board may at any time, in writing, terminate the appointment of the Managing Director.\n (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.\n\n#### 54 Other terms and conditions\n\n The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.\n\n### Division 2—Employees and consultants\n\n#### 55 Employees\n\n (1) The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.\n (2) An employee is to be employed on the terms and conditions that the Board determines in writing.\n\n#### 56 Consultants\n\n (1) The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.\n (2) A consultant is to be engaged on the terms and conditions that the Board determines in writing.\n (3) A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.\n\n## Part 6—Finance\n\n#### 57 Payments to Tourism Australia by Commonwealth\n\n (1) There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.\n (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 58 Money of Tourism Australia\n\n (1) The money of Tourism Australia consists of:\n (a) money paid to Tourism Australia under section 57; and\n (b) any other money paid to Tourism Australia.\n (2) The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:\n (a) to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and\n (b) to pay any remuneration or allowances payable under this Act.\n (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Tourism Australia.\n\n#### 59 Limits on contracts and leases\n\n Except with the written approval of the Minister, the Board must not:\n (a) enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $3,000,000 or, if a higher amount is prescribed, that higher amount; or\n (b) enter into a lease of land for a period of 10 years or more.\n\n#### 60 Liability to taxation\n\n (1) Tourism Australia is subject to taxation under the laws of the Commonwealth.\n (2) Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.\n (3) The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 61 Trust property\n\n Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.\n\n## Part 7—Other matters\n\n#### 62 Delegation by Board\n\n (1) The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:\n (a) a member of the Board; or\n (b) a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.\n (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Board.\n (3) The delegation continues in force despite a change in the membership of the Board.\n (4) The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).\n (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n#### 63 Delegation by Managing Director\n\n (1) The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.\n\n#### 64 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Board","content":"An Act to establish Tourism Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Tourism Australia Act 2004.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004 (s 2(1); Gazette 2004, GN26)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Managing Director.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Board means the Board of Directors of Tourism Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Managing Director means the Managing Director of Tourism Australia.\n\n> member means a member of the Board (including the Chair and Deputy Chair).\n\n#### 4 Extended geographical application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Tourism Australia\n\n#### 5 Establishment\n\n (1) Tourism Australia is established by this section.\n (2) Tourism Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Tourism Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Objects\n\n Tourism Australia’s objects are:\n (a) to influence people to travel to Australia, including for events; and\n (b) to influence people travelling to Australia to also travel throughout Australia; and\n (c) to influence Australians to travel throughout Australia, including for events; and\n (d) to help foster a sustainable tourism industry in Australia; and\n (e) to help increase the economic benefits to Australia from tourism.\n\n#### 7 Functions\n\n (1) Tourism Australia’s functions are:\n (a) to increase the awareness of potential international travellers of Australia as a destination; and\n (b) to increase the awareness of potential domestic travellers of Australia as a place to travel; and\n (c) to increase the knowledge of potential travellers, both international and domestic, of Australia; and\n (d) to increase the desire of potential international travellers to travel to Australia; and\n (e) to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and\n (f) to conduct research into, and analysis of, international and domestic travel; and\n (g) to report on trends in international and domestic travel; and\n (h) to communicate effectively with the Australian tourism industry on issues that may affect it; and\n (i) to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.\n (2) In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.\n (3) Tourism Australia may perform its functions:\n (a) in cooperation with the tourism industry; and\n (b) in cooperation with Australian governments and agencies, and foreign governments.\n (4) Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n (a) for purposes related to external affairs; and\n (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (c) for purposes related to a Territory; and\n (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n (h) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n (j) for purposes related to the executive power of the Commonwealth; and\n (k) for purposes related to money appropriated for the purposes of the Commonwealth; and\n (l) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n (m) in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (n) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and\n (o) by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.\n\n#### 8 Powers\n\n (1) Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Tourism Australia’s powers include, but are not limited to, the following powers:\n (a) to enter into contracts, agreements or arrangements; and\n (b) to establish offices; and\n (c) to acquire, hold and dispose of real and personal property; and\n (d) to lease the whole or any part of any land or building; and\n (e) to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and\n (f) to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and\n (g) to accept gifts, grants, bequests and devises made to it; and\n (h) to act as trustee of money and other property vested in it on trust; and\n (i) to enter into cooperative arrangements with other persons; and\n (j) to appoint agents and attorneys, and act as an agent for other persons; and\n (k) to obtain commercial sponsorship; and\n (l) to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and\n (m) to provide financial assistance; and\n (n) to do such other things as it is authorised to do by or under this Act; and\n (o) to do anything incidental to any of its powers.\n (3) Tourism Australia must not carry on business as a travel agent.\n\n## Part 3—The Board of Directors of Tourism Australia\n\n### Division 1—The Board\n\n#### 9 Establishment\n\n The Board of Directors of Tourism Australia is established by this section.\n\n#### 10 Functions\n\n The Board has the following functions:\n (a) to ensure the proper and efficient performance of Tourism Australia’s functions;\n (b) to determine Tourism Australia’s policy in relation to any matter.\n\n#### 11 Powers\n\n The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 12 Membership\n\n The Board consists of the following members:\n (a) the Chair;\n (b) the Deputy Chair;\n (d) the Managing Director;\n (e) 6 other members.\n\n> Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.\n\n#### 13 Appointing members\n\n (1) The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.\n (2) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.\n\n#### 14 Qualifications for appointment\n\n The Minister may appoint a person as a member only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:\n (a) international tourism;\n (b) domestic tourism;\n (c) corporate governance;\n (d) financial management;\n (e) marketing and promotion;\n (f) business;\n (g) investment strategies;\n (h) infrastructure in Australia that supports tourism, including events;\n (i) transport networks;\n (j) economic analysis;\n (k) current and emerging technologies;\n (l) regional development;\n (m) environmental management;\n (n) Australian indigenous tourism or culture.\n\n#### 15 Term and basis of appointment\n\n (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (3) An appointed member holds office on a part‑time basis.\n\n#### 16 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint an appointed member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Members’ remuneration and allowances\n\n (1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.\n (2) An appointed member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.\n\n#### 19 Resignation\n\n An appointed member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 20 General provision for termination of appointment\n\n (2) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n (3) The Minister must terminate the appointment of an appointed member if:\n (a) the appointed member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20A Termination of appointment at instance of Board or for non‑performance etc.\n\n (1) The Minister may terminate the appointment of an appointed member if:\n (a) the Board has resolved that the appointment of the appointed member be terminated; and\n (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and\n (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.\n (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:\n (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or\n (b) that the performance of the appointed member has been unsatisfactory for a significant period.\n\n#### 21 Other terms and conditions\n\n An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.\n\n### Division 2—Board procedures\n\n#### 22 Convening meetings\n\n (1) The Board must hold the meetings that are necessary for the efficient performance of its role.\n (2) Meetings are to be held at the times and places that the Board determines.\n (3) The Chair:\n (a) may convene a meeting; and\n (b) must convene a meeting if requested in writing by 3 or more other members.\n (4) The Minister may, at any time, convene a meeting of the Board.\n\n#### 23 Presiding at meetings\n\n (1) The Chair must preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.\n (3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director) to preside.\n\n#### 24 Quorum\n\n (1) At a meeting of the Board a quorum is constituted by 5 members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 25 Voting at meetings\n\n (1) A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 26 Resolutions\n\n (1) The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.\n (2) Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.\n (3) The resolution is passed when the last of the members signs.\n\n#### 27 Other procedural matters\n\n (1) Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n (2) The Board must:\n (a) keep minutes of its meetings; and\n (b) keep a record of resolutions passed in accordance with section 26.\n\n### Division 3—Advisory panels\n\n#### 28 Advisory panels\n\n (1) The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.\n\n> Note 1: The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.\n\n> Note 2: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) An advisory panel consists of such persons as the Board appoints to the panel in writing.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (3) The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n\n#### 29 Procedures of advisory panels etc.\n\n An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).\n\n#### 30 Disclosure of interests at meetings\n\n (1) A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.\n (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.\n (3) The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).\n\n#### 31 Resignation\n\n A member of an advisory panel may resign by giving the Board a written resignation.\n\n#### 32 Other terms and conditions\n\n A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.\n\n## Part 4—Corporate planning and accountability\n\n### Division 1—Corporate plan and annual operational plan\n\n#### 33 Corporate plan\n\n (1) The Board must prepare a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.\n (4) In preparing a plan, the Board must consult:\n (a) State and Territory tourism authorities; and\n (b) anyone else concerned with tourism that the Board considers appropriate; and\n (c) anyone else specified by the Minister in writing.\n (5) The Board may revise the corporate plan on its own initiative at any other time.\n (6) This Division applies to a revised corporate plan in the same way it applies to a corporate plan.\n\n#### 34 Matters to be covered by plan\n\n The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.\n\n#### 35 Minister’s response to corporate plan\n\n (1) For each corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister must consider whether or not to endorse the plan.\n (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (4) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.\n (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.\n (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.\n (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 36 Annual operational plan\n\n (1) When the Board is preparing or revising a corporate plan, the Board must:\n (a) prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and\n (b) give the plan to the Minister for his or her endorsement.\n (2) The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.\n (3) The annual operational plan for a financial year must:\n (a) contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and\n (b) specify:\n (i) the programs that the Board proposes Tourism Australia to carry out; and\n (ii) the resources that the Board proposes to allocate to each program;\n in giving effect to the corporate plan during the financial year.\n (4) The Board may revise the annual operational plan on its own initiative at any time.\n (5) The Board must give a revised plan to the Minister for his or her endorsement.\n (6) This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.\n\n#### 37 Minister’s response to annual operational plan\n\n (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (2) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.\n (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:\n (a) the annual operational plan and the corporate plan; and\n (b) the annual operational plan and government policies.\n If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.\n (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.\n (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 38 Board to comply with corporate and annual operational plans\n\n So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.\n\n### Division 2—Accountability\n\n#### 39 Annual report\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of:\n (a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and\n (b) significant activities undertaken jointly during the period; and\n (c) significant capital works programs undertaken by Tourism Australia during the period; and\n (d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and\n (e) revisions of the annual operational plan approved by the Minister during the period.\n\n#### 40 Ministerial direction\n\n (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.\n (2) The Minister must not give a direction to the Board under subsection (1) unless he or she:\n (a) has notified the Board in writing that he or she is considering giving the direction; and\n (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and\n (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.\n (3) The Board must comply with a direction under subsection (1).\n (4) The Minister must cause a copy of a direction under subsection (1):\n (a) to be published in the Gazette as soon as practicable after giving the direction; and\n (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.\n (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:\n (a) details of the direction; and\n (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.\n (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.\n\n### Division 3—Tourism Australia Values and Code of Conduct\n\n#### 41 Tourism Australia Values\n\n (1) The Board must determine, in writing, the Tourism Australia Values.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Board must uphold and promote the Tourism Australia Values.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n#### 42 Tourism Australia Code of Conduct\n\n (1) The Board must determine, in writing, the Tourism Australia Code of Conduct.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n## Part 5—Managing Director, employees and consultants\n\n### Division 1—Managing Director\n\n#### 43 Managing Director\n\n There is to be a Managing Director of Tourism Australia.\n\n#### 44 Duties\n\n (1) The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.\n (2) Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.\n\n#### 45 Appointment\n\n (1) The Managing Director is to be appointed by the Board by written instrument.\n (2) The Board must not appoint an appointed member as the Managing Director.\n (3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.\n\n#### 46 Term of appointment\n\n A person appointed as Managing Director holds office for the period specified in the instrument of appointment.\n\n#### 47 Acting Managing Director\n\n The Board may appoint a person (other than a member) to act as the Managing Director:\n (a) during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 48 Remuneration and allowances\n\n (1) The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.\n (2) The Managing Director is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Outside employment\n\n The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.\n\n#### 50 Recreation leave\n\n The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n#### 51 Resignation\n\n The Managing Director may resign his or her appointment by giving the Chair a written resignation.\n\n#### 53 Termination of appointment\n\n (1) The Board may at any time, in writing, terminate the appointment of the Managing Director.\n (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.\n\n#### 54 Other terms and conditions\n\n The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.\n\n### Division 2—Employees and consultants\n\n#### 55 Employees\n\n (1) The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.\n (2) An employee is to be employed on the terms and conditions that the Board determines in writing.\n\n#### 56 Consultants\n\n (1) The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.\n (2) A consultant is to be engaged on the terms and conditions that the Board determines in writing.\n (3) A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.\n\n## Part 6—Finance\n\n#### 57 Payments to Tourism Australia by Commonwealth\n\n (1) There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.\n (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 58 Money of Tourism Australia\n\n (1) The money of Tourism Australia consists of:\n (a) money paid to Tourism Australia under section 57; and\n (b) any other money paid to Tourism Australia.\n (2) The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:\n (a) to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and\n (b) to pay any remuneration or allowances payable under this Act.\n (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Tourism Australia.\n\n#### 59 Limits on contracts and leases\n\n Except with the written approval of the Minister, the Board must not:\n (a) enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $3,000,000 or, if a higher amount is prescribed, that higher amount; or\n (b) enter into a lease of land for a period of 10 years or more.\n\n#### 60 Liability to taxation\n\n (1) Tourism Australia is subject to taxation under the laws of the Commonwealth.\n (2) Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.\n (3) The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 61 Trust property\n\n Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.\n\n## Part 7—Other matters\n\n#### 62 Delegation by Board\n\n (1) The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:\n (a) a member of the Board; or\n (b) a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.\n (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Board.\n (3) The delegation continues in force despite a change in the membership of the Board.\n (4) The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).\n (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n#### 63 Delegation by Managing Director\n\n (1) The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.\n\n#### 64 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Establishment","content":"#### 9 Establishment\n\n The Board of Directors of Tourism Australia is established by this section.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Functions","content":"#### 10 Functions\n\n The Board has the following functions:\n (a) to ensure the proper and efficient performance of Tourism Australia’s functions;\n (b) to determine Tourism Australia’s policy in relation to any matter.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Powers","content":"#### 11 Powers\n\n The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Membership","content":"#### 12 Membership\n\n The Board consists of the following members:\n (a) the Chair;\n (b) the Deputy Chair;\n (d) the Managing Director;\n (e) 6 other members.\n\n> Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Appointing members","content":"#### 13 Appointing members\n\n (1) The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.\n (2) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Qualifications for appointment","content":"#### 14 Qualifications for appointment\n\n The Minister may appoint a person as a member only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:\n (a) international tourism;\n (b) domestic tourism;\n (c) corporate governance;\n (d) financial management;\n (e) marketing and promotion;\n (f) business;\n (g) investment strategies;\n (h) infrastructure in Australia that supports tourism, including events;\n (i) transport networks;\n (j) economic analysis;\n (k) current and emerging technologies;\n (l) regional development;\n (m) environmental management;\n (n) Australian indigenous tourism or culture.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Term and basis of appointment","content":"#### 15 Term and basis of appointment\n\n (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (3) An appointed member holds office on a part‑time basis.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Acting appointments","content":"#### 16 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint an appointed member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Members’ remuneration and allowances","content":"#### 17 Members’ remuneration and allowances\n\n (1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.\n (2) An appointed member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Leave of absence","content":"#### 18 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Resignation","content":"#### 19 Resignation\n\n An appointed member may resign his or her appointment by giving the Minister a written resignation.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"General provision for termination of appointment","content":"#### 20 General provision for termination of appointment\n\n (2) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n (3) The Minister must terminate the appointment of an appointed member if:\n (a) the appointed member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).","sortOrder":23},{"sectionNumber":"20A","sectionType":"section","heading":"Termination of appointment at instance of Board or for non‑performance etc.","content":"#### 20A Termination of appointment at instance of Board or for non‑performance etc.\n\n (1) The Minister may terminate the appointment of an appointed member if:\n (a) the Board has resolved that the appointment of the appointed member be terminated; and\n (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and\n (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.\n (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:\n (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or\n (b) that the performance of the appointed member has been unsatisfactory for a significant period.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Other terms and conditions","content":"#### 21 Other terms and conditions\n\n An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.","sortOrder":25},{"sectionNumber":"Division 2","sectionType":"division","heading":"Board procedures","content":"An Act to establish Tourism Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Tourism Australia Act 2004.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004 (s 2(1); Gazette 2004, GN26)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Managing Director.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Board means the Board of Directors of Tourism Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Managing Director means the Managing Director of Tourism Australia.\n\n> member means a member of the Board (including the Chair and Deputy Chair).\n\n#### 4 Extended geographical application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Tourism Australia\n\n#### 5 Establishment\n\n (1) Tourism Australia is established by this section.\n (2) Tourism Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Tourism Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Objects\n\n Tourism Australia’s objects are:\n (a) to influence people to travel to Australia, including for events; and\n (b) to influence people travelling to Australia to also travel throughout Australia; and\n (c) to influence Australians to travel throughout Australia, including for events; and\n (d) to help foster a sustainable tourism industry in Australia; and\n (e) to help increase the economic benefits to Australia from tourism.\n\n#### 7 Functions\n\n (1) Tourism Australia’s functions are:\n (a) to increase the awareness of potential international travellers of Australia as a destination; and\n (b) to increase the awareness of potential domestic travellers of Australia as a place to travel; and\n (c) to increase the knowledge of potential travellers, both international and domestic, of Australia; and\n (d) to increase the desire of potential international travellers to travel to Australia; and\n (e) to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and\n (f) to conduct research into, and analysis of, international and domestic travel; and\n (g) to report on trends in international and domestic travel; and\n (h) to communicate effectively with the Australian tourism industry on issues that may affect it; and\n (i) to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.\n (2) In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.\n (3) Tourism Australia may perform its functions:\n (a) in cooperation with the tourism industry; and\n (b) in cooperation with Australian governments and agencies, and foreign governments.\n (4) Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n (a) for purposes related to external affairs; and\n (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (c) for purposes related to a Territory; and\n (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n (h) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n (j) for purposes related to the executive power of the Commonwealth; and\n (k) for purposes related to money appropriated for the purposes of the Commonwealth; and\n (l) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n (m) in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (n) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and\n (o) by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.\n\n#### 8 Powers\n\n (1) Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Tourism Australia’s powers include, but are not limited to, the following powers:\n (a) to enter into contracts, agreements or arrangements; and\n (b) to establish offices; and\n (c) to acquire, hold and dispose of real and personal property; and\n (d) to lease the whole or any part of any land or building; and\n (e) to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and\n (f) to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and\n (g) to accept gifts, grants, bequests and devises made to it; and\n (h) to act as trustee of money and other property vested in it on trust; and\n (i) to enter into cooperative arrangements with other persons; and\n (j) to appoint agents and attorneys, and act as an agent for other persons; and\n (k) to obtain commercial sponsorship; and\n (l) to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and\n (m) to provide financial assistance; and\n (n) to do such other things as it is authorised to do by or under this Act; and\n (o) to do anything incidental to any of its powers.\n (3) Tourism Australia must not carry on business as a travel agent.\n\n## Part 3—The Board of Directors of Tourism Australia\n\n### Division 1—The Board\n\n#### 9 Establishment\n\n The Board of Directors of Tourism Australia is established by this section.\n\n#### 10 Functions\n\n The Board has the following functions:\n (a) to ensure the proper and efficient performance of Tourism Australia’s functions;\n (b) to determine Tourism Australia’s policy in relation to any matter.\n\n#### 11 Powers\n\n The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 12 Membership\n\n The Board consists of the following members:\n (a) the Chair;\n (b) the Deputy Chair;\n (d) the Managing Director;\n (e) 6 other members.\n\n> Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.\n\n#### 13 Appointing members\n\n (1) The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.\n (2) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.\n\n#### 14 Qualifications for appointment\n\n The Minister may appoint a person as a member only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:\n (a) international tourism;\n (b) domestic tourism;\n (c) corporate governance;\n (d) financial management;\n (e) marketing and promotion;\n (f) business;\n (g) investment strategies;\n (h) infrastructure in Australia that supports tourism, including events;\n (i) transport networks;\n (j) economic analysis;\n (k) current and emerging technologies;\n (l) regional development;\n (m) environmental management;\n (n) Australian indigenous tourism or culture.\n\n#### 15 Term and basis of appointment\n\n (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (3) An appointed member holds office on a part‑time basis.\n\n#### 16 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint an appointed member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Members’ remuneration and allowances\n\n (1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.\n (2) An appointed member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.\n\n#### 19 Resignation\n\n An appointed member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 20 General provision for termination of appointment\n\n (2) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n (3) The Minister must terminate the appointment of an appointed member if:\n (a) the appointed member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20A Termination of appointment at instance of Board or for non‑performance etc.\n\n (1) The Minister may terminate the appointment of an appointed member if:\n (a) the Board has resolved that the appointment of the appointed member be terminated; and\n (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and\n (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.\n (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:\n (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or\n (b) that the performance of the appointed member has been unsatisfactory for a significant period.\n\n#### 21 Other terms and conditions\n\n An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.\n\n### Division 2—Board procedures\n\n#### 22 Convening meetings\n\n (1) The Board must hold the meetings that are necessary for the efficient performance of its role.\n (2) Meetings are to be held at the times and places that the Board determines.\n (3) The Chair:\n (a) may convene a meeting; and\n (b) must convene a meeting if requested in writing by 3 or more other members.\n (4) The Minister may, at any time, convene a meeting of the Board.\n\n#### 23 Presiding at meetings\n\n (1) The Chair must preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.\n (3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director) to preside.\n\n#### 24 Quorum\n\n (1) At a meeting of the Board a quorum is constituted by 5 members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 25 Voting at meetings\n\n (1) A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 26 Resolutions\n\n (1) The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.\n (2) Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.\n (3) The resolution is passed when the last of the members signs.\n\n#### 27 Other procedural matters\n\n (1) Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n (2) The Board must:\n (a) keep minutes of its meetings; and\n (b) keep a record of resolutions passed in accordance with section 26.\n\n### Division 3—Advisory panels\n\n#### 28 Advisory panels\n\n (1) The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.\n\n> Note 1: The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.\n\n> Note 2: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) An advisory panel consists of such persons as the Board appoints to the panel in writing.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (3) The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n\n#### 29 Procedures of advisory panels etc.\n\n An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).\n\n#### 30 Disclosure of interests at meetings\n\n (1) A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.\n (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.\n (3) The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).\n\n#### 31 Resignation\n\n A member of an advisory panel may resign by giving the Board a written resignation.\n\n#### 32 Other terms and conditions\n\n A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.\n\n## Part 4—Corporate planning and accountability\n\n### Division 1—Corporate plan and annual operational plan\n\n#### 33 Corporate plan\n\n (1) The Board must prepare a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.\n (4) In preparing a plan, the Board must consult:\n (a) State and Territory tourism authorities; and\n (b) anyone else concerned with tourism that the Board considers appropriate; and\n (c) anyone else specified by the Minister in writing.\n (5) The Board may revise the corporate plan on its own initiative at any other time.\n (6) This Division applies to a revised corporate plan in the same way it applies to a corporate plan.\n\n#### 34 Matters to be covered by plan\n\n The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.\n\n#### 35 Minister’s response to corporate plan\n\n (1) For each corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister must consider whether or not to endorse the plan.\n (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (4) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.\n (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.\n (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.\n (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 36 Annual operational plan\n\n (1) When the Board is preparing or revising a corporate plan, the Board must:\n (a) prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and\n (b) give the plan to the Minister for his or her endorsement.\n (2) The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.\n (3) The annual operational plan for a financial year must:\n (a) contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and\n (b) specify:\n (i) the programs that the Board proposes Tourism Australia to carry out; and\n (ii) the resources that the Board proposes to allocate to each program;\n in giving effect to the corporate plan during the financial year.\n (4) The Board may revise the annual operational plan on its own initiative at any time.\n (5) The Board must give a revised plan to the Minister for his or her endorsement.\n (6) This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.\n\n#### 37 Minister’s response to annual operational plan\n\n (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (2) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.\n (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:\n (a) the annual operational plan and the corporate plan; and\n (b) the annual operational plan and government policies.\n If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.\n (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.\n (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 38 Board to comply with corporate and annual operational plans\n\n So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.\n\n### Division 2—Accountability\n\n#### 39 Annual report\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of:\n (a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and\n (b) significant activities undertaken jointly during the period; and\n (c) significant capital works programs undertaken by Tourism Australia during the period; and\n (d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and\n (e) revisions of the annual operational plan approved by the Minister during the period.\n\n#### 40 Ministerial direction\n\n (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.\n (2) The Minister must not give a direction to the Board under subsection (1) unless he or she:\n (a) has notified the Board in writing that he or she is considering giving the direction; and\n (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and\n (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.\n (3) The Board must comply with a direction under subsection (1).\n (4) The Minister must cause a copy of a direction under subsection (1):\n (a) to be published in the Gazette as soon as practicable after giving the direction; and\n (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.\n (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:\n (a) details of the direction; and\n (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.\n (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.\n\n### Division 3—Tourism Australia Values and Code of Conduct\n\n#### 41 Tourism Australia Values\n\n (1) The Board must determine, in writing, the Tourism Australia Values.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Board must uphold and promote the Tourism Australia Values.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n#### 42 Tourism Australia Code of Conduct\n\n (1) The Board must determine, in writing, the Tourism Australia Code of Conduct.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n## Part 5—Managing Director, employees and consultants\n\n### Division 1—Managing Director\n\n#### 43 Managing Director\n\n There is to be a Managing Director of Tourism Australia.\n\n#### 44 Duties\n\n (1) The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.\n (2) Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.\n\n#### 45 Appointment\n\n (1) The Managing Director is to be appointed by the Board by written instrument.\n (2) The Board must not appoint an appointed member as the Managing Director.\n (3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.\n\n#### 46 Term of appointment\n\n A person appointed as Managing Director holds office for the period specified in the instrument of appointment.\n\n#### 47 Acting Managing Director\n\n The Board may appoint a person (other than a member) to act as the Managing Director:\n (a) during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 48 Remuneration and allowances\n\n (1) The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.\n (2) The Managing Director is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Outside employment\n\n The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.\n\n#### 50 Recreation leave\n\n The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n#### 51 Resignation\n\n The Managing Director may resign his or her appointment by giving the Chair a written resignation.\n\n#### 53 Termination of appointment\n\n (1) The Board may at any time, in writing, terminate the appointment of the Managing Director.\n (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.\n\n#### 54 Other terms and conditions\n\n The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.\n\n### Division 2—Employees and consultants\n\n#### 55 Employees\n\n (1) The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.\n (2) An employee is to be employed on the terms and conditions that the Board determines in writing.\n\n#### 56 Consultants\n\n (1) The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.\n (2) A consultant is to be engaged on the terms and conditions that the Board determines in writing.\n (3) A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.\n\n## Part 6—Finance\n\n#### 57 Payments to Tourism Australia by Commonwealth\n\n (1) There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.\n (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 58 Money of Tourism Australia\n\n (1) The money of Tourism Australia consists of:\n (a) money paid to Tourism Australia under section 57; and\n (b) any other money paid to Tourism Australia.\n (2) The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:\n (a) to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and\n (b) to pay any remuneration or allowances payable under this Act.\n (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Tourism Australia.\n\n#### 59 Limits on contracts and leases\n\n Except with the written approval of the Minister, the Board must not:\n (a) enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $3,000,000 or, if a higher amount is prescribed, that higher amount; or\n (b) enter into a lease of land for a period of 10 years or more.\n\n#### 60 Liability to taxation\n\n (1) Tourism Australia is subject to taxation under the laws of the Commonwealth.\n (2) Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.\n (3) The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 61 Trust property\n\n Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.\n\n## Part 7—Other matters\n\n#### 62 Delegation by Board\n\n (1) The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:\n (a) a member of the Board; or\n (b) a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.\n (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Board.\n (3) The delegation continues in force despite a change in the membership of the Board.\n (4) The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).\n (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n#### 63 Delegation by Managing Director\n\n (1) The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.\n\n#### 64 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Convening meetings","content":"#### 22 Convening meetings\n\n (1) The Board must hold the meetings that are necessary for the efficient performance of its role.\n (2) Meetings are to be held at the times and places that the Board determines.\n (3) The Chair:\n (a) may convene a meeting; and\n (b) must convene a meeting if requested in writing by 3 or more other members.\n (4) The Minister may, at any time, convene a meeting of the Board.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Presiding at meetings","content":"#### 23 Presiding at meetings\n\n (1) The Chair must preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.\n (3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director) to preside.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Quorum","content":"#### 24 Quorum\n\n (1) At a meeting of the Board a quorum is constituted by 5 members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Voting at meetings","content":"#### 25 Voting at meetings\n\n (1) A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Resolutions","content":"#### 26 Resolutions\n\n (1) The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.\n (2) Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.\n (3) The resolution is passed when the last of the members signs.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Other procedural matters","content":"#### 27 Other procedural matters\n\n (1) Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n (2) The Board must:\n (a) keep minutes of its meetings; and\n (b) keep a record of resolutions passed in accordance with section 26.","sortOrder":32},{"sectionNumber":"Division 3","sectionType":"division","heading":"Advisory panels","content":"An Act to establish Tourism Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Tourism Australia Act 2004.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

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Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004 (s 2(1); Gazette 2004, GN26)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Managing Director.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Board means the Board of Directors of Tourism Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Managing Director means the Managing Director of Tourism Australia.\n\n> member means a member of the Board (including the Chair and Deputy Chair).\n\n#### 4 Extended geographical application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Tourism Australia\n\n#### 5 Establishment\n\n (1) Tourism Australia is established by this section.\n (2) Tourism Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Tourism Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Objects\n\n Tourism Australia’s objects are:\n (a) to influence people to travel to Australia, including for events; and\n (b) to influence people travelling to Australia to also travel throughout Australia; and\n (c) to influence Australians to travel throughout Australia, including for events; and\n (d) to help foster a sustainable tourism industry in Australia; and\n (e) to help increase the economic benefits to Australia from tourism.\n\n#### 7 Functions\n\n (1) Tourism Australia’s functions are:\n (a) to increase the awareness of potential international travellers of Australia as a destination; and\n (b) to increase the awareness of potential domestic travellers of Australia as a place to travel; and\n (c) to increase the knowledge of potential travellers, both international and domestic, of Australia; and\n (d) to increase the desire of potential international travellers to travel to Australia; and\n (e) to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and\n (f) to conduct research into, and analysis of, international and domestic travel; and\n (g) to report on trends in international and domestic travel; and\n (h) to communicate effectively with the Australian tourism industry on issues that may affect it; and\n (i) to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.\n (2) In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.\n (3) Tourism Australia may perform its functions:\n (a) in cooperation with the tourism industry; and\n (b) in cooperation with Australian governments and agencies, and foreign governments.\n (4) Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n (a) for purposes related to external affairs; and\n (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (c) for purposes related to a Territory; and\n (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n (h) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n (j) for purposes related to the executive power of the Commonwealth; and\n (k) for purposes related to money appropriated for the purposes of the Commonwealth; and\n (l) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n (m) in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (n) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and\n (o) by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.\n\n#### 8 Powers\n\n (1) Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Tourism Australia’s powers include, but are not limited to, the following powers:\n (a) to enter into contracts, agreements or arrangements; and\n (b) to establish offices; and\n (c) to acquire, hold and dispose of real and personal property; and\n (d) to lease the whole or any part of any land or building; and\n (e) to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and\n (f) to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and\n (g) to accept gifts, grants, bequests and devises made to it; and\n (h) to act as trustee of money and other property vested in it on trust; and\n (i) to enter into cooperative arrangements with other persons; and\n (j) to appoint agents and attorneys, and act as an agent for other persons; and\n (k) to obtain commercial sponsorship; and\n (l) to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and\n (m) to provide financial assistance; and\n (n) to do such other things as it is authorised to do by or under this Act; and\n (o) to do anything incidental to any of its powers.\n (3) Tourism Australia must not carry on business as a travel agent.\n\n## Part 3—The Board of Directors of Tourism Australia\n\n### Division 1—The Board\n\n#### 9 Establishment\n\n The Board of Directors of Tourism Australia is established by this section.\n\n#### 10 Functions\n\n The Board has the following functions:\n (a) to ensure the proper and efficient performance of Tourism Australia’s functions;\n (b) to determine Tourism Australia’s policy in relation to any matter.\n\n#### 11 Powers\n\n The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 12 Membership\n\n The Board consists of the following members:\n (a) the Chair;\n (b) the Deputy Chair;\n (d) the Managing Director;\n (e) 6 other members.\n\n> Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.\n\n#### 13 Appointing members\n\n (1) The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.\n (2) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.\n\n#### 14 Qualifications for appointment\n\n The Minister may appoint a person as a member only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:\n (a) international tourism;\n (b) domestic tourism;\n (c) corporate governance;\n (d) financial management;\n (e) marketing and promotion;\n (f) business;\n (g) investment strategies;\n (h) infrastructure in Australia that supports tourism, including events;\n (i) transport networks;\n (j) economic analysis;\n (k) current and emerging technologies;\n (l) regional development;\n (m) environmental management;\n (n) Australian indigenous tourism or culture.\n\n#### 15 Term and basis of appointment\n\n (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (3) An appointed member holds office on a part‑time basis.\n\n#### 16 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint an appointed member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Members’ remuneration and allowances\n\n (1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.\n (2) An appointed member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.\n\n#### 19 Resignation\n\n An appointed member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 20 General provision for termination of appointment\n\n (2) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n (3) The Minister must terminate the appointment of an appointed member if:\n (a) the appointed member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20A Termination of appointment at instance of Board or for non‑performance etc.\n\n (1) The Minister may terminate the appointment of an appointed member if:\n (a) the Board has resolved that the appointment of the appointed member be terminated; and\n (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and\n (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.\n (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:\n (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or\n (b) that the performance of the appointed member has been unsatisfactory for a significant period.\n\n#### 21 Other terms and conditions\n\n An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.\n\n### Division 2—Board procedures\n\n#### 22 Convening meetings\n\n (1) The Board must hold the meetings that are necessary for the efficient performance of its role.\n (2) Meetings are to be held at the times and places that the Board determines.\n (3) The Chair:\n (a) may convene a meeting; and\n (b) must convene a meeting if requested in writing by 3 or more other members.\n (4) The Minister may, at any time, convene a meeting of the Board.\n\n#### 23 Presiding at meetings\n\n (1) The Chair must preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.\n (3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director) to preside.\n\n#### 24 Quorum\n\n (1) At a meeting of the Board a quorum is constituted by 5 members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 25 Voting at meetings\n\n (1) A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 26 Resolutions\n\n (1) The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.\n (2) Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.\n (3) The resolution is passed when the last of the members signs.\n\n#### 27 Other procedural matters\n\n (1) Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n (2) The Board must:\n (a) keep minutes of its meetings; and\n (b) keep a record of resolutions passed in accordance with section 26.\n\n### Division 3—Advisory panels\n\n#### 28 Advisory panels\n\n (1) The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.\n\n> Note 1: The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.\n\n> Note 2: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) An advisory panel consists of such persons as the Board appoints to the panel in writing.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (3) The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n\n#### 29 Procedures of advisory panels etc.\n\n An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).\n\n#### 30 Disclosure of interests at meetings\n\n (1) A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.\n (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.\n (3) The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).\n\n#### 31 Resignation\n\n A member of an advisory panel may resign by giving the Board a written resignation.\n\n#### 32 Other terms and conditions\n\n A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.\n\n## Part 4—Corporate planning and accountability\n\n### Division 1—Corporate plan and annual operational plan\n\n#### 33 Corporate plan\n\n (1) The Board must prepare a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.\n (4) In preparing a plan, the Board must consult:\n (a) State and Territory tourism authorities; and\n (b) anyone else concerned with tourism that the Board considers appropriate; and\n (c) anyone else specified by the Minister in writing.\n (5) The Board may revise the corporate plan on its own initiative at any other time.\n (6) This Division applies to a revised corporate plan in the same way it applies to a corporate plan.\n\n#### 34 Matters to be covered by plan\n\n The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.\n\n#### 35 Minister’s response to corporate plan\n\n (1) For each corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister must consider whether or not to endorse the plan.\n (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (4) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.\n (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.\n (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.\n (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 36 Annual operational plan\n\n (1) When the Board is preparing or revising a corporate plan, the Board must:\n (a) prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and\n (b) give the plan to the Minister for his or her endorsement.\n (2) The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.\n (3) The annual operational plan for a financial year must:\n (a) contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and\n (b) specify:\n (i) the programs that the Board proposes Tourism Australia to carry out; and\n (ii) the resources that the Board proposes to allocate to each program;\n in giving effect to the corporate plan during the financial year.\n (4) The Board may revise the annual operational plan on its own initiative at any time.\n (5) The Board must give a revised plan to the Minister for his or her endorsement.\n (6) This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.\n\n#### 37 Minister’s response to annual operational plan\n\n (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (2) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.\n (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:\n (a) the annual operational plan and the corporate plan; and\n (b) the annual operational plan and government policies.\n If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.\n (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.\n (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 38 Board to comply with corporate and annual operational plans\n\n So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.\n\n### Division 2—Accountability\n\n#### 39 Annual report\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of:\n (a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and\n (b) significant activities undertaken jointly during the period; and\n (c) significant capital works programs undertaken by Tourism Australia during the period; and\n (d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and\n (e) revisions of the annual operational plan approved by the Minister during the period.\n\n#### 40 Ministerial direction\n\n (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.\n (2) The Minister must not give a direction to the Board under subsection (1) unless he or she:\n (a) has notified the Board in writing that he or she is considering giving the direction; and\n (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and\n (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.\n (3) The Board must comply with a direction under subsection (1).\n (4) The Minister must cause a copy of a direction under subsection (1):\n (a) to be published in the Gazette as soon as practicable after giving the direction; and\n (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.\n (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:\n (a) details of the direction; and\n (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.\n (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.\n\n### Division 3—Tourism Australia Values and Code of Conduct\n\n#### 41 Tourism Australia Values\n\n (1) The Board must determine, in writing, the Tourism Australia Values.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Board must uphold and promote the Tourism Australia Values.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n#### 42 Tourism Australia Code of Conduct\n\n (1) The Board must determine, in writing, the Tourism Australia Code of Conduct.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n## Part 5—Managing Director, employees and consultants\n\n### Division 1—Managing Director\n\n#### 43 Managing Director\n\n There is to be a Managing Director of Tourism Australia.\n\n#### 44 Duties\n\n (1) The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.\n (2) Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.\n\n#### 45 Appointment\n\n (1) The Managing Director is to be appointed by the Board by written instrument.\n (2) The Board must not appoint an appointed member as the Managing Director.\n (3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.\n\n#### 46 Term of appointment\n\n A person appointed as Managing Director holds office for the period specified in the instrument of appointment.\n\n#### 47 Acting Managing Director\n\n The Board may appoint a person (other than a member) to act as the Managing Director:\n (a) during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 48 Remuneration and allowances\n\n (1) The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.\n (2) The Managing Director is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Outside employment\n\n The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.\n\n#### 50 Recreation leave\n\n The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n#### 51 Resignation\n\n The Managing Director may resign his or her appointment by giving the Chair a written resignation.\n\n#### 53 Termination of appointment\n\n (1) The Board may at any time, in writing, terminate the appointment of the Managing Director.\n (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.\n\n#### 54 Other terms and conditions\n\n The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.\n\n### Division 2—Employees and consultants\n\n#### 55 Employees\n\n (1) The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.\n (2) An employee is to be employed on the terms and conditions that the Board determines in writing.\n\n#### 56 Consultants\n\n (1) The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.\n (2) A consultant is to be engaged on the terms and conditions that the Board determines in writing.\n (3) A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.\n\n## Part 6—Finance\n\n#### 57 Payments to Tourism Australia by Commonwealth\n\n (1) There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.\n (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 58 Money of Tourism Australia\n\n (1) The money of Tourism Australia consists of:\n (a) money paid to Tourism Australia under section 57; and\n (b) any other money paid to Tourism Australia.\n (2) The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:\n (a) to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and\n (b) to pay any remuneration or allowances payable under this Act.\n (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Tourism Australia.\n\n#### 59 Limits on contracts and leases\n\n Except with the written approval of the Minister, the Board must not:\n (a) enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $3,000,000 or, if a higher amount is prescribed, that higher amount; or\n (b) enter into a lease of land for a period of 10 years or more.\n\n#### 60 Liability to taxation\n\n (1) Tourism Australia is subject to taxation under the laws of the Commonwealth.\n (2) Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.\n (3) The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 61 Trust property\n\n Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.\n\n## Part 7—Other matters\n\n#### 62 Delegation by Board\n\n (1) The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:\n (a) a member of the Board; or\n (b) a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.\n (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Board.\n (3) The delegation continues in force despite a change in the membership of the Board.\n (4) The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).\n (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n#### 63 Delegation by Managing Director\n\n (1) The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.\n\n#### 64 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Advisory panels","content":"#### 28 Advisory panels\n\n (1) The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.\n\n> Note 1: The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.\n\n> Note 2: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) An advisory panel consists of such persons as the Board appoints to the panel in writing.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (3) The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Procedures of advisory panels etc.","content":"#### 29 Procedures of advisory panels etc.\n\n An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Disclosure of interests at meetings","content":"#### 30 Disclosure of interests at meetings\n\n (1) A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.\n (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.\n (3) The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Resignation","content":"#### 31 Resignation\n\n A member of an advisory panel may resign by giving the Board a written resignation.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Other terms and conditions","content":"#### 32 Other terms and conditions\n\n A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.","sortOrder":38},{"sectionNumber":"Part 4","sectionType":"part","heading":"Corporate planning and accountability","content":"An Act to establish Tourism Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Tourism Australia Act 2004.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004 (s 2(1); Gazette 2004, GN26)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Managing Director.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Board means the Board of Directors of Tourism Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Managing Director means the Managing Director of Tourism Australia.\n\n> member means a member of the Board (including the Chair and Deputy Chair).\n\n#### 4 Extended geographical application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Tourism Australia\n\n#### 5 Establishment\n\n (1) Tourism Australia is established by this section.\n (2) Tourism Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Tourism Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Objects\n\n Tourism Australia’s objects are:\n (a) to influence people to travel to Australia, including for events; and\n (b) to influence people travelling to Australia to also travel throughout Australia; and\n (c) to influence Australians to travel throughout Australia, including for events; and\n (d) to help foster a sustainable tourism industry in Australia; and\n (e) to help increase the economic benefits to Australia from tourism.\n\n#### 7 Functions\n\n (1) Tourism Australia’s functions are:\n (a) to increase the awareness of potential international travellers of Australia as a destination; and\n (b) to increase the awareness of potential domestic travellers of Australia as a place to travel; and\n (c) to increase the knowledge of potential travellers, both international and domestic, of Australia; and\n (d) to increase the desire of potential international travellers to travel to Australia; and\n (e) to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and\n (f) to conduct research into, and analysis of, international and domestic travel; and\n (g) to report on trends in international and domestic travel; and\n (h) to communicate effectively with the Australian tourism industry on issues that may affect it; and\n (i) to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.\n (2) In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.\n (3) Tourism Australia may perform its functions:\n (a) in cooperation with the tourism industry; and\n (b) in cooperation with Australian governments and agencies, and foreign governments.\n (4) Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n (a) for purposes related to external affairs; and\n (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (c) for purposes related to a Territory; and\n (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n (h) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n (j) for purposes related to the executive power of the Commonwealth; and\n (k) for purposes related to money appropriated for the purposes of the Commonwealth; and\n (l) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n (m) in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (n) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and\n (o) by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.\n\n#### 8 Powers\n\n (1) Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Tourism Australia’s powers include, but are not limited to, the following powers:\n (a) to enter into contracts, agreements or arrangements; and\n (b) to establish offices; and\n (c) to acquire, hold and dispose of real and personal property; and\n (d) to lease the whole or any part of any land or building; and\n (e) to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and\n (f) to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and\n (g) to accept gifts, grants, bequests and devises made to it; and\n (h) to act as trustee of money and other property vested in it on trust; and\n (i) to enter into cooperative arrangements with other persons; and\n (j) to appoint agents and attorneys, and act as an agent for other persons; and\n (k) to obtain commercial sponsorship; and\n (l) to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and\n (m) to provide financial assistance; and\n (n) to do such other things as it is authorised to do by or under this Act; and\n (o) to do anything incidental to any of its powers.\n (3) Tourism Australia must not carry on business as a travel agent.\n\n## Part 3—The Board of Directors of Tourism Australia\n\n### Division 1—The Board\n\n#### 9 Establishment\n\n The Board of Directors of Tourism Australia is established by this section.\n\n#### 10 Functions\n\n The Board has the following functions:\n (a) to ensure the proper and efficient performance of Tourism Australia’s functions;\n (b) to determine Tourism Australia’s policy in relation to any matter.\n\n#### 11 Powers\n\n The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 12 Membership\n\n The Board consists of the following members:\n (a) the Chair;\n (b) the Deputy Chair;\n (d) the Managing Director;\n (e) 6 other members.\n\n> Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.\n\n#### 13 Appointing members\n\n (1) The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.\n (2) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.\n\n#### 14 Qualifications for appointment\n\n The Minister may appoint a person as a member only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:\n (a) international tourism;\n (b) domestic tourism;\n (c) corporate governance;\n (d) financial management;\n (e) marketing and promotion;\n (f) business;\n (g) investment strategies;\n (h) infrastructure in Australia that supports tourism, including events;\n (i) transport networks;\n (j) economic analysis;\n (k) current and emerging technologies;\n (l) regional development;\n (m) environmental management;\n (n) Australian indigenous tourism or culture.\n\n#### 15 Term and basis of appointment\n\n (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (3) An appointed member holds office on a part‑time basis.\n\n#### 16 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint an appointed member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Members’ remuneration and allowances\n\n (1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.\n (2) An appointed member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.\n\n#### 19 Resignation\n\n An appointed member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 20 General provision for termination of appointment\n\n (2) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n (3) The Minister must terminate the appointment of an appointed member if:\n (a) the appointed member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20A Termination of appointment at instance of Board or for non‑performance etc.\n\n (1) The Minister may terminate the appointment of an appointed member if:\n (a) the Board has resolved that the appointment of the appointed member be terminated; and\n (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and\n (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.\n (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:\n (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or\n (b) that the performance of the appointed member has been unsatisfactory for a significant period.\n\n#### 21 Other terms and conditions\n\n An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.\n\n### Division 2—Board procedures\n\n#### 22 Convening meetings\n\n (1) The Board must hold the meetings that are necessary for the efficient performance of its role.\n (2) Meetings are to be held at the times and places that the Board determines.\n (3) The Chair:\n (a) may convene a meeting; and\n (b) must convene a meeting if requested in writing by 3 or more other members.\n (4) The Minister may, at any time, convene a meeting of the Board.\n\n#### 23 Presiding at meetings\n\n (1) The Chair must preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.\n (3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director) to preside.\n\n#### 24 Quorum\n\n (1) At a meeting of the Board a quorum is constituted by 5 members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 25 Voting at meetings\n\n (1) A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 26 Resolutions\n\n (1) The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.\n (2) Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.\n (3) The resolution is passed when the last of the members signs.\n\n#### 27 Other procedural matters\n\n (1) Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n (2) The Board must:\n (a) keep minutes of its meetings; and\n (b) keep a record of resolutions passed in accordance with section 26.\n\n### Division 3—Advisory panels\n\n#### 28 Advisory panels\n\n (1) The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.\n\n> Note 1: The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.\n\n> Note 2: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) An advisory panel consists of such persons as the Board appoints to the panel in writing.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (3) The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n\n#### 29 Procedures of advisory panels etc.\n\n An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).\n\n#### 30 Disclosure of interests at meetings\n\n (1) A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.\n (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.\n (3) The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).\n\n#### 31 Resignation\n\n A member of an advisory panel may resign by giving the Board a written resignation.\n\n#### 32 Other terms and conditions\n\n A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.\n\n## Part 4—Corporate planning and accountability\n\n### Division 1—Corporate plan and annual operational plan\n\n#### 33 Corporate plan\n\n (1) The Board must prepare a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.\n (4) In preparing a plan, the Board must consult:\n (a) State and Territory tourism authorities; and\n (b) anyone else concerned with tourism that the Board considers appropriate; and\n (c) anyone else specified by the Minister in writing.\n (5) The Board may revise the corporate plan on its own initiative at any other time.\n (6) This Division applies to a revised corporate plan in the same way it applies to a corporate plan.\n\n#### 34 Matters to be covered by plan\n\n The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.\n\n#### 35 Minister’s response to corporate plan\n\n (1) For each corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister must consider whether or not to endorse the plan.\n (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (4) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.\n (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.\n (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.\n (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 36 Annual operational plan\n\n (1) When the Board is preparing or revising a corporate plan, the Board must:\n (a) prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and\n (b) give the plan to the Minister for his or her endorsement.\n (2) The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.\n (3) The annual operational plan for a financial year must:\n (a) contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and\n (b) specify:\n (i) the programs that the Board proposes Tourism Australia to carry out; and\n (ii) the resources that the Board proposes to allocate to each program;\n in giving effect to the corporate plan during the financial year.\n (4) The Board may revise the annual operational plan on its own initiative at any time.\n (5) The Board must give a revised plan to the Minister for his or her endorsement.\n (6) This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.\n\n#### 37 Minister’s response to annual operational plan\n\n (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (2) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.\n (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:\n (a) the annual operational plan and the corporate plan; and\n (b) the annual operational plan and government policies.\n If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.\n (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.\n (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 38 Board to comply with corporate and annual operational plans\n\n So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.\n\n### Division 2—Accountability\n\n#### 39 Annual report\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of:\n (a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and\n (b) significant activities undertaken jointly during the period; and\n (c) significant capital works programs undertaken by Tourism Australia during the period; and\n (d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and\n (e) revisions of the annual operational plan approved by the Minister during the period.\n\n#### 40 Ministerial direction\n\n (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.\n (2) The Minister must not give a direction to the Board under subsection (1) unless he or she:\n (a) has notified the Board in writing that he or she is considering giving the direction; and\n (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and\n (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.\n (3) The Board must comply with a direction under subsection (1).\n (4) The Minister must cause a copy of a direction under subsection (1):\n (a) to be published in the Gazette as soon as practicable after giving the direction; and\n (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.\n (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:\n (a) details of the direction; and\n (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.\n (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.\n\n### Division 3—Tourism Australia Values and Code of Conduct\n\n#### 41 Tourism Australia Values\n\n (1) The Board must determine, in writing, the Tourism Australia Values.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Board must uphold and promote the Tourism Australia Values.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n#### 42 Tourism Australia Code of Conduct\n\n (1) The Board must determine, in writing, the Tourism Australia Code of Conduct.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n## Part 5—Managing Director, employees and consultants\n\n### Division 1—Managing Director\n\n#### 43 Managing Director\n\n There is to be a Managing Director of Tourism Australia.\n\n#### 44 Duties\n\n (1) The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.\n (2) Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.\n\n#### 45 Appointment\n\n (1) The Managing Director is to be appointed by the Board by written instrument.\n (2) The Board must not appoint an appointed member as the Managing Director.\n (3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.\n\n#### 46 Term of appointment\n\n A person appointed as Managing Director holds office for the period specified in the instrument of appointment.\n\n#### 47 Acting Managing Director\n\n The Board may appoint a person (other than a member) to act as the Managing Director:\n (a) during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 48 Remuneration and allowances\n\n (1) The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.\n (2) The Managing Director is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Outside employment\n\n The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.\n\n#### 50 Recreation leave\n\n The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n#### 51 Resignation\n\n The Managing Director may resign his or her appointment by giving the Chair a written resignation.\n\n#### 53 Termination of appointment\n\n (1) The Board may at any time, in writing, terminate the appointment of the Managing Director.\n (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.\n\n#### 54 Other terms and conditions\n\n The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.\n\n### Division 2—Employees and consultants\n\n#### 55 Employees\n\n (1) The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.\n (2) An employee is to be employed on the terms and conditions that the Board determines in writing.\n\n#### 56 Consultants\n\n (1) The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.\n (2) A consultant is to be engaged on the terms and conditions that the Board determines in writing.\n (3) A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.\n\n## Part 6—Finance\n\n#### 57 Payments to Tourism Australia by Commonwealth\n\n (1) There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.\n (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 58 Money of Tourism Australia\n\n (1) The money of Tourism Australia consists of:\n (a) money paid to Tourism Australia under section 57; and\n (b) any other money paid to Tourism Australia.\n (2) The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:\n (a) to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and\n (b) to pay any remuneration or allowances payable under this Act.\n (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Tourism Australia.\n\n#### 59 Limits on contracts and leases\n\n Except with the written approval of the Minister, the Board must not:\n (a) enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $3,000,000 or, if a higher amount is prescribed, that higher amount; or\n (b) enter into a lease of land for a period of 10 years or more.\n\n#### 60 Liability to taxation\n\n (1) Tourism Australia is subject to taxation under the laws of the Commonwealth.\n (2) Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.\n (3) The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 61 Trust property\n\n Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.\n\n## Part 7—Other matters\n\n#### 62 Delegation by Board\n\n (1) The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:\n (a) a member of the Board; or\n (b) a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.\n (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Board.\n (3) The delegation continues in force despite a change in the membership of the Board.\n (4) The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).\n (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n#### 63 Delegation by Managing Director\n\n (1) The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.\n\n#### 64 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Corporate plan","content":"#### 33 Corporate plan\n\n (1) The Board must prepare a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.\n (4) In preparing a plan, the Board must consult:\n (a) State and Territory tourism authorities; and\n (b) anyone else concerned with tourism that the Board considers appropriate; and\n (c) anyone else specified by the Minister in writing.\n (5) The Board may revise the corporate plan on its own initiative at any other time.\n (6) This Division applies to a revised corporate plan in the same way it applies to a corporate plan.","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Matters to be covered by plan","content":"#### 34 Matters to be covered by plan\n\n The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Minister’s response to corporate plan","content":"#### 35 Minister’s response to corporate plan\n\n (1) For each corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister must consider whether or not to endorse the plan.\n (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (4) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.\n (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.\n (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.\n (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"Annual operational plan","content":"#### 36 Annual operational plan\n\n (1) When the Board is preparing or revising a corporate plan, the Board must:\n (a) prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and\n (b) give the plan to the Minister for his or her endorsement.\n (2) The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.\n (3) The annual operational plan for a financial year must:\n (a) contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and\n (b) specify:\n (i) the programs that the Board proposes Tourism Australia to carry out; and\n (ii) the resources that the Board proposes to allocate to each program;\n in giving effect to the corporate plan during the financial year.\n (4) The Board may revise the annual operational plan on its own initiative at any time.\n (5) The Board must give a revised plan to the Minister for his or her endorsement.\n (6) This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.","sortOrder":44},{"sectionNumber":"37","sectionType":"section","heading":"Minister’s response to annual operational plan","content":"#### 37 Minister’s response to annual operational plan\n\n (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (2) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.\n (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:\n (a) the annual operational plan and the corporate plan; and\n (b) the annual operational plan and government policies.\n If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.\n (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.\n (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.","sortOrder":45},{"sectionNumber":"38","sectionType":"section","heading":"Board to comply with corporate and annual operational plans","content":"#### 38 Board to comply with corporate and annual operational plans\n\n So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Annual report","content":"#### 39 Annual report\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of:\n (a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and\n (b) significant activities undertaken jointly during the period; and\n (c) significant capital works programs undertaken by Tourism Australia during the period; and\n (d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and\n (e) revisions of the annual operational plan approved by the Minister during the period.","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Ministerial direction","content":"#### 40 Ministerial direction\n\n (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.\n (2) The Minister must not give a direction to the Board under subsection (1) unless he or she:\n (a) has notified the Board in writing that he or she is considering giving the direction; and\n (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and\n (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.\n (3) The Board must comply with a direction under subsection (1).\n (4) The Minister must cause a copy of a direction under subsection (1):\n (a) to be published in the Gazette as soon as practicable after giving the direction; and\n (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.\n (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:\n (a) details of the direction; and\n (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.\n (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Tourism Australia Values","content":"#### 41 Tourism Australia Values\n\n (1) The Board must determine, in writing, the Tourism Australia Values.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Board must uphold and promote the Tourism Australia Values.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Tourism Australia Code of Conduct","content":"#### 42 Tourism Australia Code of Conduct\n\n (1) The Board must determine, in writing, the Tourism Australia Code of Conduct.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.","sortOrder":52},{"sectionNumber":"Part 5","sectionType":"part","heading":"Managing Director, employees and consultants","content":"An Act to establish Tourism Australia, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Tourism Australia Act 2004.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2. Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2004 (s 2(1); Gazette 2004, GN26)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> appointed member means a member other than the Managing Director.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Board means the Board of Directors of Tourism Australia.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Managing Director means the Managing Director of Tourism Australia.\n\n> member means a member of the Board (including the Chair and Deputy Chair).\n\n#### 4 Extended geographical application of this Act\n\n (1) This Act extends to every external Territory.\n (2) This Act applies both within and outside Australia.\n\n## Part 2—Tourism Australia\n\n#### 5 Establishment\n\n (1) Tourism Australia is established by this section.\n (2) Tourism Australia:\n (a) is a body corporate; and\n (b) must have a seal; and\n (c) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to Tourism Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.\n (4) All courts, judges and persons acting judicially must:\n (a) take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and\n (b) presume that the document was duly sealed.\n\n#### 6 Objects\n\n Tourism Australia’s objects are:\n (a) to influence people to travel to Australia, including for events; and\n (b) to influence people travelling to Australia to also travel throughout Australia; and\n (c) to influence Australians to travel throughout Australia, including for events; and\n (d) to help foster a sustainable tourism industry in Australia; and\n (e) to help increase the economic benefits to Australia from tourism.\n\n#### 7 Functions\n\n (1) Tourism Australia’s functions are:\n (a) to increase the awareness of potential international travellers of Australia as a destination; and\n (b) to increase the awareness of potential domestic travellers of Australia as a place to travel; and\n (c) to increase the knowledge of potential travellers, both international and domestic, of Australia; and\n (d) to increase the desire of potential international travellers to travel to Australia; and\n (e) to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and\n (f) to conduct research into, and analysis of, international and domestic travel; and\n (g) to report on trends in international and domestic travel; and\n (h) to communicate effectively with the Australian tourism industry on issues that may affect it; and\n (i) to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.\n (2) In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.\n (3) Tourism Australia may perform its functions:\n (a) in cooperation with the tourism industry; and\n (b) in cooperation with Australian governments and agencies, and foreign governments.\n (4) Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:\n (a) for purposes related to external affairs; and\n (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n (c) for purposes related to a Territory; and\n (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n (h) for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n (j) for purposes related to the executive power of the Commonwealth; and\n (k) for purposes related to money appropriated for the purposes of the Commonwealth; and\n (l) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n (m) in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and\n (n) for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and\n (o) by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.\n\n#### 8 Powers\n\n (1) Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n (2) Tourism Australia’s powers include, but are not limited to, the following powers:\n (a) to enter into contracts, agreements or arrangements; and\n (b) to establish offices; and\n (c) to acquire, hold and dispose of real and personal property; and\n (d) to lease the whole or any part of any land or building; and\n (e) to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and\n (f) to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and\n (g) to accept gifts, grants, bequests and devises made to it; and\n (h) to act as trustee of money and other property vested in it on trust; and\n (i) to enter into cooperative arrangements with other persons; and\n (j) to appoint agents and attorneys, and act as an agent for other persons; and\n (k) to obtain commercial sponsorship; and\n (l) to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and\n (m) to provide financial assistance; and\n (n) to do such other things as it is authorised to do by or under this Act; and\n (o) to do anything incidental to any of its powers.\n (3) Tourism Australia must not carry on business as a travel agent.\n\n## Part 3—The Board of Directors of Tourism Australia\n\n### Division 1—The Board\n\n#### 9 Establishment\n\n The Board of Directors of Tourism Australia is established by this section.\n\n#### 10 Functions\n\n The Board has the following functions:\n (a) to ensure the proper and efficient performance of Tourism Australia’s functions;\n (b) to determine Tourism Australia’s policy in relation to any matter.\n\n#### 11 Powers\n\n The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n#### 12 Membership\n\n The Board consists of the following members:\n (a) the Chair;\n (b) the Deputy Chair;\n (d) the Managing Director;\n (e) 6 other members.\n\n> Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.\n\n#### 13 Appointing members\n\n (1) The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.\n (2) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.\n\n#### 14 Qualifications for appointment\n\n The Minister may appoint a person as a member only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:\n (a) international tourism;\n (b) domestic tourism;\n (c) corporate governance;\n (d) financial management;\n (e) marketing and promotion;\n (f) business;\n (g) investment strategies;\n (h) infrastructure in Australia that supports tourism, including events;\n (i) transport networks;\n (j) economic analysis;\n (k) current and emerging technologies;\n (l) regional development;\n (m) environmental management;\n (n) Australian indigenous tourism or culture.\n\n#### 15 Term and basis of appointment\n\n (1) An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n (3) An appointed member holds office on a part‑time basis.\n\n#### 16 Acting appointments\n\n (1) The Deputy Chair is to act as the Chair:\n (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n (2) The Minister may appoint an appointed member to act as the Deputy Chair:\n (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n (3) The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):\n (a) during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 17 Members’ remuneration and allowances\n\n (1) An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.\n (2) An appointed member is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n (2) The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.\n\n#### 19 Resignation\n\n An appointed member may resign his or her appointment by giving the Minister a written resignation.\n\n#### 20 General provision for termination of appointment\n\n (2) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.\n (3) The Minister must terminate the appointment of an appointed member if:\n (a) the appointed member:\n (i) becomes bankrupt; or\n (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n (iii) compounds with his or her creditors; or\n (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n (b) the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board.\n\n> Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 20A Termination of appointment at instance of Board or for non‑performance etc.\n\n (1) The Minister may terminate the appointment of an appointed member if:\n (a) the Board has resolved that the appointment of the appointed member be terminated; and\n (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and\n (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.\n (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:\n (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or\n (b) that the performance of the appointed member has been unsatisfactory for a significant period.\n\n#### 21 Other terms and conditions\n\n An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.\n\n### Division 2—Board procedures\n\n#### 22 Convening meetings\n\n (1) The Board must hold the meetings that are necessary for the efficient performance of its role.\n (2) Meetings are to be held at the times and places that the Board determines.\n (3) The Chair:\n (a) may convene a meeting; and\n (b) must convene a meeting if requested in writing by 3 or more other members.\n (4) The Minister may, at any time, convene a meeting of the Board.\n\n#### 23 Presiding at meetings\n\n (1) The Chair must preside at all meetings at which he or she is present.\n (2) If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.\n (3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director) to preside.\n\n#### 24 Quorum\n\n (1) At a meeting of the Board a quorum is constituted by 5 members.\n (2) However, if:\n (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n (b) when the member leaves the meeting concerned there is no longer a quorum present;\n those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 25 Voting at meetings\n\n (1) A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.\n (2) The person presiding at a meeting has:\n (a) a deliberative vote; and\n (b) if necessary, also a casting vote.\n\n#### 26 Resolutions\n\n (1) The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.\n (2) Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.\n (3) The resolution is passed when the last of the members signs.\n\n#### 27 Other procedural matters\n\n (1) Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n (2) The Board must:\n (a) keep minutes of its meetings; and\n (b) keep a record of resolutions passed in accordance with section 26.\n\n### Division 3—Advisory panels\n\n#### 28 Advisory panels\n\n (1) The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.\n\n> Note 1: The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.\n\n> Note 2: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) An advisory panel consists of such persons as the Board appoints to the panel in writing.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (3) The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973.\n\n#### 29 Procedures of advisory panels etc.\n\n An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).\n\n#### 30 Disclosure of interests at meetings\n\n (1) A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.\n (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.\n (3) The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).\n\n#### 31 Resignation\n\n A member of an advisory panel may resign by giving the Board a written resignation.\n\n#### 32 Other terms and conditions\n\n A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.\n\n## Part 4—Corporate planning and accountability\n\n### Division 1—Corporate plan and annual operational plan\n\n#### 33 Corporate plan\n\n (1) The Board must prepare a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.\n (4) In preparing a plan, the Board must consult:\n (a) State and Territory tourism authorities; and\n (b) anyone else concerned with tourism that the Board considers appropriate; and\n (c) anyone else specified by the Minister in writing.\n (5) The Board may revise the corporate plan on its own initiative at any other time.\n (6) This Division applies to a revised corporate plan in the same way it applies to a corporate plan.\n\n#### 34 Matters to be covered by plan\n\n The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.\n\n#### 35 Minister’s response to corporate plan\n\n (1) For each corporate plan given to the Minister by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister must consider whether or not to endorse the plan.\n (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (4) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.\n (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.\n (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.\n (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 36 Annual operational plan\n\n (1) When the Board is preparing or revising a corporate plan, the Board must:\n (a) prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and\n (b) give the plan to the Minister for his or her endorsement.\n (2) The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.\n (3) The annual operational plan for a financial year must:\n (a) contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and\n (b) specify:\n (i) the programs that the Board proposes Tourism Australia to carry out; and\n (ii) the resources that the Board proposes to allocate to each program;\n in giving effect to the corporate plan during the financial year.\n (4) The Board may revise the annual operational plan on its own initiative at any time.\n (5) The Board must give a revised plan to the Minister for his or her endorsement.\n (6) This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.\n\n#### 37 Minister’s response to annual operational plan\n\n (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:\n (a) an explanation of matters included in the plan and specified in the request; and\n (b) an explanation of other matters specified in the request and related to the plan.\n (2) The Board:\n (a) must comply with the request to give an explanation of the specified matters; and\n (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.\n (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:\n (a) the annual operational plan and the corporate plan; and\n (b) the annual operational plan and government policies.\n If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.\n (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.\n (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.\n\n#### 38 Board to comply with corporate and annual operational plans\n\n So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.\n\n### Division 2—Accountability\n\n#### 39 Annual report\n\n The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of:\n (a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and\n (b) significant activities undertaken jointly during the period; and\n (c) significant capital works programs undertaken by Tourism Australia during the period; and\n (d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and\n (e) revisions of the annual operational plan approved by the Minister during the period.\n\n#### 40 Ministerial direction\n\n (1) The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.\n (2) The Minister must not give a direction to the Board under subsection (1) unless he or she:\n (a) has notified the Board in writing that he or she is considering giving the direction; and\n (b) has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and\n (c) is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.\n (3) The Board must comply with a direction under subsection (1).\n (4) The Minister must cause a copy of a direction under subsection (1):\n (a) to be published in the Gazette as soon as practicable after giving the direction; and\n (b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.\n (5) The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:\n (a) details of the direction; and\n (b) an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.\n (6) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to Tourism Australia.\n\n### Division 3—Tourism Australia Values and Code of Conduct\n\n#### 41 Tourism Australia Values\n\n (1) The Board must determine, in writing, the Tourism Australia Values.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Board must uphold and promote the Tourism Australia Values.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n#### 42 Tourism Australia Code of Conduct\n\n (1) The Board must determine, in writing, the Tourism Australia Code of Conduct.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.\n\n (2) The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.\n (3) To avoid doubt, an instrument under subsection (1) is not a legislative instrument.\n\n## Part 5—Managing Director, employees and consultants\n\n### Division 1—Managing Director\n\n#### 43 Managing Director\n\n There is to be a Managing Director of Tourism Australia.\n\n#### 44 Duties\n\n (1) The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.\n (2) Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.\n\n#### 45 Appointment\n\n (1) The Managing Director is to be appointed by the Board by written instrument.\n (2) The Board must not appoint an appointed member as the Managing Director.\n (3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.\n\n#### 46 Term of appointment\n\n A person appointed as Managing Director holds office for the period specified in the instrument of appointment.\n\n#### 47 Acting Managing Director\n\n The Board may appoint a person (other than a member) to act as the Managing Director:\n (a) during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 48 Remuneration and allowances\n\n (1) The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.\n (2) The Managing Director is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Outside employment\n\n The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.\n\n#### 50 Recreation leave\n\n The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n#### 51 Resignation\n\n The Managing Director may resign his or her appointment by giving the Chair a written resignation.\n\n#### 53 Termination of appointment\n\n (1) The Board may at any time, in writing, terminate the appointment of the Managing Director.\n (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.\n\n#### 54 Other terms and conditions\n\n The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.\n\n### Division 2—Employees and consultants\n\n#### 55 Employees\n\n (1) The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.\n (2) An employee is to be employed on the terms and conditions that the Board determines in writing.\n\n#### 56 Consultants\n\n (1) The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.\n (2) A consultant is to be engaged on the terms and conditions that the Board determines in writing.\n (3) A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.\n\n## Part 6—Finance\n\n#### 57 Payments to Tourism Australia by Commonwealth\n\n (1) There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.\n (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n#### 58 Money of Tourism Australia\n\n (1) The money of Tourism Australia consists of:\n (a) money paid to Tourism Australia under section 57; and\n (b) any other money paid to Tourism Australia.\n (2) The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:\n (a) to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and\n (b) to pay any remuneration or allowances payable under this Act.\n (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Tourism Australia.\n\n#### 59 Limits on contracts and leases\n\n Except with the written approval of the Minister, the Board must not:\n (a) enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $3,000,000 or, if a higher amount is prescribed, that higher amount; or\n (b) enter into a lease of land for a period of 10 years or more.\n\n#### 60 Liability to taxation\n\n (1) Tourism Australia is subject to taxation under the laws of the Commonwealth.\n (2) Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.\n (3) The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 61 Trust property\n\n Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.\n\n## Part 7—Other matters\n\n#### 62 Delegation by Board\n\n (1) The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:\n (a) a member of the Board; or\n (b) a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.\n (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Board.\n (3) The delegation continues in force despite a change in the membership of the Board.\n (4) The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).\n (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n#### 63 Delegation by Managing Director\n\n (1) The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.\n\n#### 64 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"Managing Director","content":"#### 43 Managing Director\n\n There is to be a Managing Director of Tourism Australia.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Duties","content":"#### 44 Duties\n\n (1) The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.\n (2) Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Appointment","content":"#### 45 Appointment\n\n (1) The Managing Director is to be appointed by the Board by written instrument.\n (2) The Board must not appoint an appointed member as the Managing Director.\n (3) The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Term of appointment","content":"#### 46 Term of appointment\n\n A person appointed as Managing Director holds office for the period specified in the instrument of appointment.","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Acting Managing Director","content":"#### 47 Acting Managing Director\n\n The Board may appoint a person (other than a member) to act as the Managing Director:\n (a) during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or\n (b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":59},{"sectionNumber":"48","sectionType":"section","heading":"Remuneration and allowances","content":"#### 48 Remuneration and allowances\n\n (1) The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.\n (2) The Managing Director is to be paid the allowances that are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":60},{"sectionNumber":"49","sectionType":"section","heading":"Outside employment","content":"#### 49 Outside employment\n\n The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.","sortOrder":61},{"sectionNumber":"50","sectionType":"section","heading":"Recreation leave","content":"#### 50 Recreation leave\n\n The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.","sortOrder":62},{"sectionNumber":"51","sectionType":"section","heading":"Resignation","content":"#### 51 Resignation\n\n The Managing Director may resign his or her appointment by giving the Chair a written resignation.","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Termination of appointment","content":"#### 53 Termination of appointment\n\n (1) The Board may at any time, in writing, terminate the appointment of the Managing Director.\n (2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"Other terms and conditions","content":"#### 54 Other terms and conditions\n\n The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Employees","content":"#### 55 Employees\n\n (1) The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.\n (2) An employee is to be employed on the terms and conditions that the Board determines in writing.","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Consultants","content":"#### 56 Consultants\n\n (1) The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.\n (2) A consultant is to be engaged on the terms and conditions that the Board determines in writing.\n (3) A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.","sortOrder":68},{"sectionNumber":"Part 6","sectionType":"part","heading":"Finance","content":"## Part 6—Finance","sortOrder":69},{"sectionNumber":"57","sectionType":"section","heading":"Payments to Tourism Australia by Commonwealth","content":"#### 57 Payments to Tourism Australia by Commonwealth\n\n (1) There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.\n (2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.\n (3) In this section:\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Money of Tourism Australia","content":"#### 58 Money of Tourism Australia\n\n (1) The money of Tourism Australia consists of:\n (a) money paid to Tourism Australia under section 57; and\n (b) any other money paid to Tourism Australia.\n (2) The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:\n (a) to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and\n (b) to pay any remuneration or allowances payable under this Act.\n (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of Tourism Australia.","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Limits on contracts and leases","content":"#### 59 Limits on contracts and leases\n\n Except with the written approval of the Minister, the Board must not:\n (a) enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $3,000,000 or, if a higher amount is prescribed, that higher amount; or\n (b) enter into a lease of land for a period of 10 years or more.","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Liability to taxation","content":"#### 60 Liability to taxation\n\n (1) Tourism Australia is subject to taxation under the laws of the Commonwealth.\n (2) Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.\n (3) The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.","sortOrder":73},{"sectionNumber":"61","sectionType":"section","heading":"Trust property","content":"#### 61 Trust property\n\n Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.","sortOrder":74},{"sectionNumber":"Part 7","sectionType":"part","heading":"Other matters","content":"## Part 7—Other matters","sortOrder":75},{"sectionNumber":"62","sectionType":"section","heading":"Delegation by Board","content":"#### 62 Delegation by Board\n\n (1) The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:\n (a) a member of the Board; or\n (b) a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.\n (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Board.\n (3) The delegation continues in force despite a change in the membership of the Board.\n (4) The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).\n (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.","sortOrder":76},{"sectionNumber":"63","sectionType":"section","heading":"Delegation by Managing Director","content":"#### 63 Delegation by Managing Director\n\n (1) The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.\n (2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.","sortOrder":77},{"sectionNumber":"64","sectionType":"section","heading":"Regulations","content":"#### 64 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":78}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its stated purpose: establishing Tourism Australia as a statutory body to promote inbound and domestic tourism. There is no evidence of scope creep — the functions, powers, and governance arrangements all align with the core objective of tourism promotion and industry support. The broad constitutional anchoring provisions in section 7(4) are standard drafting practice to ensure validity, not an expansion of operational scope."},"complexity_factors":["Multiple interlocking governance layers (Minister, Board, Managing Director, advisory panels) with distinct powers and oversight responsibilities","Extensive constitutional anchoring provisions in section 7(4) listing 15 separate heads of Commonwealth legislative power — unusual and legalistic","Cross-references to multiple other Acts (Public Governance, Performance and Accountability Act 2013, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901, Commonwealth Places Act 1970) requiring knowledge of those frameworks","Two-tiered planning system (corporate plan + annual operational plan) each with their own endorsement, revision, and compliance requirements","Multiple termination pathways for Board members (ministerial discretion, mandatory grounds, Board-initiated, performance-based) adding complexity to governance provisions","Significant repetition in the document as provided (sections appear duplicated multiple times) which, while a formatting issue, adds navigational difficulty","Interaction between the Act's own accountability framework and the broader PGPA Act creates layered obligations that require reading both instruments together"],"plain_english_summary":"## What is this law about?\n\nThe **Tourism Australia Act 2004** creates Tourism Australia — a government-owned organisation (called a \"body corporate,\" meaning it's legally its own entity that can sign contracts, own property, and go to court) whose job is to promote Australia as a travel destination, both to international visitors and to Australians travelling within their own country.\n\n## Who does it affect?\n\n- **The Australian tourism industry**: Operators, businesses, and regional tourism bodies all interact with Tourism Australia, which is required to consult them and have regard to their needs.\n- **Taxpayers**: Tourism Australia is funded by federal government money (appropriated by Parliament), so Australians' taxes fund its activities.\n- **Board members and staff**: The Act sets out detailed rules for how the organisation is run, who sits on the board, how they're paid, and when they can be fired.\n- **The Minister for Tourism**: The Minister has significant oversight powers, including the ability to endorse (or reject) Tourism Australia's plans and give directions in exceptional circumstances.\n\n## What does Tourism Australia actually do?\n\nIn plain terms, Tourism Australia's job is to:\n- **Market Australia overseas** — get more international tourists to visit\n- **Promote domestic travel** — encourage Australians to explore their own country\n- **Research travel trends** — analyse what's happening in the tourism market\n- **Support the industry** — communicate with tourism businesses and help grow the sector economically and sustainably\n\nImportantly, Tourism Australia **cannot operate as a travel agent** — it promotes tourism but doesn't sell travel packages.\n\n## How is it governed?\n\nTourism Australia is run by a **Board of Directors** (9 members: a Chair, Deputy Chair, Managing Director, and 6 others). Board members must have expertise in areas like tourism, marketing, finance, technology, regional development, or Indigenous culture. They're appointed by the Minister for up to 3-year terms.\n\nThe Board must:\n- Produce a **corporate plan** (a multi-year strategy) and **annual operational plan** (a yearly budget and program plan), both of which the Minister must endorse\n- Report annually on performance\n- Maintain a **Values** document and a **Code of Conduct** for staff\n\nThe Minister can give the Board binding directions, but only in **exceptional circumstances** and must notify Parliament.\n\n## Financial rules\n\n- Tourism Australia receives government funding appropriated by Parliament\n- It can also earn its own money (e.g., charging for services, obtaining sponsorship)\n- It **needs Ministerial approval** for any contract worth more than **$3 million** or any land lease of 10 years or more\n- Tourism Australia pays federal taxes but is **exempt from state and territory taxes** (unless regulations say otherwise)\n\n## What does this mean for ordinary Australians?\n\nMost Australians won't deal directly with this Act. But the organisation it creates — Tourism Australia — is behind the major international campaigns promoting Australia as a holiday destination (like the famous \"There's nothing like Australia\" campaigns). It also funds domestic tourism promotion encouraging Australians to travel within their own country. If you work in tourism, your industry has a formal channel to influence this body."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This text implements the original statutory purpose: create a national tourism promotion body, grant it powers to market Australia, conduct research, accept sponsorship and enter contracts, and establish governance and accountability arrangements. The provisions remain within that original scope (establishment, governance, planning, finance and accountability). There is no material expansion beyond those founding functions and controls in the version provided."},"complexity_factors":["Length: multiple Parts (1–7) covering establishment, governance, planning, personnel, finance and delegations.","Cross‑references to other statutes: PGPA Act 2013, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901, Commonwealth Places (Application of Laws) Act 1970, Legislation Act 2003 (numerous notes).","Defined terms: 7 explicit definitions in the Interpretation section (s3).","Conditional controls: Ministerial endorsement and consultation requirements for corporate and annual operational plans (ss33–37), and conditions for ministerial directions (s40).","Monetary/transactional thresholds: ministerial approval required for contracts over $3,000,000 and long leases (s59) — introduces conditional decision paths.","Multiple appointment and termination routes with different tests and thresholds (appointment by Minister, Board appoints Managing Director, termination by Minister for cause, Board resolution triggering termination) (ss13, 20, 20A, 45, 53).","Delegation rules and evidentiary certificate mechanism (ss62–63) add procedural detail.","Reporting and disclosure obligations (ss39, s40(5)) that overlap with PGPA reporting.","Several small procedural exceptions and notes (e.g. instruments not legislative instruments; advisory panel members not public office) that add interpretive layers (e.g. ss28, 41–42, 28(3))."],"plain_english_summary":"**What this law does (plain terms)**\n\n- Establishes Tourism Australia as a Commonwealth corporate entity with a Board of Directors and a Managing Director (see s5, s9, s43).\n- Gives Tourism Australia a clear mission: promote Australia to international and domestic travellers, encourage travel within Australia (including for events), support sustainable tourism and increase tourism's economic benefits (s6).\n- Sets out Tourism Australia’s functions (marketing, research, reporting, industry communication) and broad powers to contract, hold property, obtain sponsorship, give financial assistance and charge for services (s7, s8).\n\n**Who it affects**\n\n- The Australian Government (through appropriations, ministerial appointment and oversight powers).\n- The Tourism Australia Board, its Managing Director, employees and consultants (appointment, duties, remuneration and accountability provisions in Parts 3–5).\n- The Australian tourism industry and State/Territory tourism authorities (required to be consulted on plans; recipients of promotion, research and possible financial assistance) (s33(4), s36(3)).\n- Providers of goods and services that Tourism Australia contracts with (procurement and sponsorship powers) and recipients of grants/assistance.\n\n**How it works mechanically**\n\n- Funding: Parliament appropriates money to Tourism Australia; the Finance Minister can direct timing/amounts (ss57, 57(2)). Tourism Australia’s other receipts are also its money (s58).\n- Governance: the Board (Chair, Deputy Chair, Managing Director and 6 other members) sets policy and ensures efficient performance; the Minister appoints members (except the Managing Director) and has specified powers to terminate appointments (Parts 3 and 5; ss12–21, 45–54).\n- Plans and oversight: the Board must prepare a corporate plan and an annual operational plan and consult State/Territory tourism authorities; the Minister considers and may endorse those plans and may request explanations (ss33–37). The Board must, so far as practicable, act consistently with the current plans (s38).\n- Ministerial directions: the Minister may give written directions in exceptional circumstances; directions must be preceded by notice and discussion with the Chair, must be published in the Gazette and laid before Parliament, and the Board must comply (s40).\n- Limits and constraints: Tourism Australia may do most things necessary to perform its functions but must not carry on business as a travel agent (s8(3)). Contracts above $3,000,000 and leases of 10+ years require Ministerial approval (s59).\n- Accountability: annual reports must cover implementation of the annual operational plan and significant property or capital activities; directions and their impacts must be reported (s39, s40(5)). The Public Governance, Performance and Accountability Act 2013 (PGPA Act) applies to Tourism Australia for corporate Commonwealth entity rules (note at s5).\n\n**Purpose claims and how they map to mechanisms**\n\n- Claimed purpose: increase inbound and domestic travel, spread visitor flows within Australia, and raise economic benefits from tourism (s6, s7). Mechanisms to achieve that include marketing, research, cooperation with industry and governments, funding of programs and the ability to accept sponsorship and provide assistance (ss7, 8, 59).\n\n- Accountability & control mechanisms: Board-appointed management, statutory planning and Ministerial endorsement/ direction (ss33–38, s40) create a chain where the Board runs operations but the Minister has formal oversight and limited intervention powers.\n\n**Costs, incentives and trade-offs (practical effects)**\n\n- Who pays: taxpayers via Parliament (s57). The finance flows are public and governed by PGPA processes (s57 note).\n- Who decides: the Minister appoints Board members and can direct the Board in exceptional circumstances (s13, s40); the Board sets policy and the Managing Director runs day-to-day operations under Board direction (ss10, 44).\n- Incentives for private sector: Tourism Australia can contract with and pay private marketing and research firms, obtain sponsorship and provide financial assistance — creating commercial opportunities for suppliers (s8(2)(a), (k), (m)). It can also charge for services, which can put it in market-facing roles (s8(2)(l)).\n- Limits on market activity: explicit prohibition on operating as a travel agent (s8(3)) reduces direct competition with travel agencies, but Tourism Australia’s marketing and service-provision roles could compete with private marketing firms for contracts.\n- Concentrated benefits vs. diffuse costs: benefits (contracts, sponsorship, grant recipients) are likely concentrated among tourism operators, marketing agencies and partners; costs (appropriations) are borne by taxpayers broadly (ss57–58). Appointment and remuneration benefits accrue to Board members and the Managing Director (ss17, 48).\n- Compliance and administrative burden: statutory requirements to prepare, consult on and obtain endorsement for corporate and annual operational plans (ss33–37), to report in detail (s39), and to observe PGPA Act rules create ongoing administrative work and central oversight.\n- Implementation risk and bureaucratic discretion: broad drafting of functions and powers (s7, s8) gives the Board and Management discretion about exact activities. The Minister’s power to direct (s40) and to approve large contracts/leases (s59) creates potential intervention points that can shift priorities or slow high-value transactions.\n\n**Other practical points**\n\n- Delegation: the Board and Managing Director may delegate functions to staff or members with suitable expertise (ss62–63), which lets the entity operate flexibly but places reliance on internal controls and records.\n- Transparency: ministerial directions must be published and tabled in Parliament (s40(4)), and annual reports must disclose the direction’s impact (s40(5)), supporting parliamentary and public oversight.\n\n(References in parentheses are to the section numbers from the Act.)"},"kimi_summary":{"_metrics":{"completionTokens":584},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing Tourism Australia as a corporate Commonwealth entity to promote Australian tourism. The scope has not expanded beyond tourism marketing, industry support, and related research functions. The detailed governance provisions (Board composition, planning requirements, accountability mechanisms) are standard for Commonwealth corporate entities and do not represent scope creep."},"complexity_factors":["Multiple cross-references to the Public Governance, Performance and Accountability Act 2013 (PGPA Act)","15 enumerated constitutional heads of power in section 7(4) for validity","Detailed procedural requirements for Board meetings including quorum, voting, and resolutions without meetings","Layered appointment and termination provisions with multiple grounds (misbehaviour, bankruptcy, Board resolution, unsatisfactory performance)","Ministerial direction mechanism with pre-conditions (notification, consultation, exceptional circumstances test)","Corporate planning framework requiring ministerial endorsement of both strategic and operational plans"],"plain_english_summary":"This Act creates **Tourism Australia** — a government body that markets Australia as a travel destination and supports the tourism industry.\n\n**What Tourism Australia does:**\n- **Promotes Australia** to international and domestic travellers (including for events)\n- **Encourages travel throughout Australia** — not just to major cities\n- **Conducts research** on travel trends and markets\n- **Works with industry and government** — both Australian and foreign\n\n**How it's structured:**\n- A **Board of Directors** (9 members: Chair, Deputy Chair, Managing Director, and 6 others) oversees policy and operations\n- Board members are appointed by the **Minister** for up to 3 years, part-time, and must have expertise in areas like tourism, marketing, finance, or Indigenous culture\n- A **Managing Director** runs day-to-day operations, appointed by the Board\n- The Board can also set up **advisory panels** for specific issues\n\n**Key accountability features:**\n- Must prepare **corporate plans** and **annual operational plans** for ministerial approval\n- The **Minister can give directions** in exceptional circumstances (but must consult first and publish the direction)\n- Subject to the **Public Governance, Performance and Accountability Act 2013** — standard rules for government bodies\n\n**Financial controls:**\n- Funded by **Parliamentary appropriation**\n- Board needs ministerial approval for contracts over **$3 million** or leases over **10 years**\n- Generally **exempt from State/Territory taxes**\n\n**Important limitation:** Tourism Australia **cannot operate as a travel agent** — it promotes destinations but doesn't book trips.\n\nThe Act applies **worldwide** — not just in Australia — reflecting Tourism Australia's international marketing role."}},"importantCases":[],"_links":{"self":"/api/acts/tourism-australia-act-2004","history":"/api/acts/tourism-australia-act-2004/history","analysis":"/api/acts/tourism-australia-act-2004/analysis","conflicts":"/api/acts/tourism-australia-act-2004/conflicts","importantCases":"/api/acts/tourism-australia-act-2004/important-cases","documents":"/api/acts/tourism-australia-act-2004/documents"}}