Arts and Culture Trust Act 2021 (Western Australia)

The Arts and Culture Trust Act 2021 (WA) establishes a statutory corporate body, the Arts and Culture Trust (the Trust), to hold, manage and operate certain arts and cultural venues and related property and activities previously administered by the Perth Theatre Trust (s 7; Pt 7 Div 2-5). The Act gives the Trust a broad suite of commercial and administrative powers to run venues, programme activities, charge fees, provide ticketing services, enter into commercial arrangements and manage intellectual property (s 10; s 11(2)-(3), (6), (i), (j), (k), (l), (m), (n)). It also creates a dedicated financial mechanism, the Arts and Culture Trust Account, to receive and disburse the Trust’s money (s 60).

Mechanically, the statute:

Incorporates the Trust as a body corporate with perpetual succession and enables proceedings in its name (s 7(1)-(3)).
Declares the Trust an agent of the Crown with the status, immunities and privileges of the Crown (s 9).
Creates a nine‑member Board appointed by the Minister with specified composition requirements (s 16-19; s 17 sets skill categories and minimums).
Requires a chief executive officer to manage day‑to‑day operations subject to Board control, with appointment mechanisms that depend on whether the Trust is treated as an SES organisation under the Public Sector Management Act 1994 (s 41-44).
Subjects the Trust to financial oversight and auditing under the Financial Management Act 2006 and the Auditor General Act 2006 and establishes an agency special purpose account for its funds (s 59-61).
Prescribes approvals and ministerial/treasurer engagement for specified major actions, including acquisition/disposal of real property, entering into certain business arrangements, and providing ticketing services for non‑Trust venues (s 12(3), s 13, s 14).

CrestWestern Australia

Arts and Culture Trust Act 2021

Western Australia

Arts and Culture Trust Act 2021

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Minister may declare places to be venues 5
Minister may declare arts organisations to be resident companies 5
Act binds Crown 5

Part 2 — Arts and Culture Trust

Trust established 6
Trust may use trading names 6
Trust’s status 6
Trust’s functions 6
Trust’s powers 8
General restrictions on Trust’s powers 11
Requirement for approval to participate in business arrangements 12
Requirement for approval to provide ticketing services for activities not at Trust venues 12
Delegation 13

Part 3 — Administration of the Trust

Division 1 — The Board

Subdivision 1 — How the Board is constituted

Board is governing body 14
Board membership 14
Chairperson and deputy chairperson 15
Term of office 15
Casual vacancies, resignation and removal from office 15
Extension of term of office 16
Leave of absence 17
Alternate Board members 17
Remuneration and allowances 17

Subdivision 2 — Board meetings

Holding meetings 17
Quorum 18
Presiding Board members 18
Procedure at meetings 18
Voting 18
Holding meetings remotely 18
Resolution without meeting 19
CEO and Department CEO may attend meetings 19
Minutes 19

Subdivision 3 — Committees

Committees 20
Remuneration and allowances 20

Subdivision 4 — Disclosure of interests

Disclosure of material personal interests 21
Voting by interested member 21
Section 37 may be declared inapplicable 22
Quorum if s. 37 applies 22

Subdivision 5 — Execution of documents

Execution of documents by Trust 22

Division 2 — Staff of the Trust

Subdivision 1 — The CEO

CEO 23
Effect of Trust being SES organisation 24
Effect of Trust becoming non‑SES organisation 24
Appointment of CEO 24

Subdivision 2 — Provisions applying to the CEO if section 42(b) or 43 applies

Application 24
Term of office 24
Remuneration and allowances 25
Casual vacancies, resignation and removal from office 25
Entitlements of public service officer as CEO 26
Other conditions of service 26
Acting CEO 26

Subdivision 3 — Other staff of the Trust

Other staff of Trust 27
Use of government staff and facilities 27
Agreements to recover cost of employing or engaging staff 28

Part 4 — Accountability and financial provisions

Division 1 — Accountability

Minister may give directions 29
Minister to be kept informed 29
Minister to have access to information 29
Protection for disclosure or compliance with directions 30

Division 2 — Financial provisions

Application of Financial Management Act 2006 and Auditor General Act 2006 31
Arts and Culture Trust Account 31
Trust’s funds 31
Borrowing 31
Guarantees by Treasurer 32
Effect of guarantee 32
Notice of financial difficulty 32

Part 5 — Miscellaneous

Protection from liability for wrongdoing 34
Confidentiality 34
Authorised use or disclosure of information 35
Laying documents before House of Parliament not sitting 35
General regulations 36
Traffic regulations 37
Review of Act 39

Part 6 — Repeals and consequential amendments

Division 1 — Repeals

Written laws repealed 41

Division 2 — Consequential amendments

Constitution Acts Amendment Act 1899 amended 41
Financial Management Act 2006 amended 41
Public Sector Management Act 1994 amended 42
State Superannuation (Transitional and Consequential Provisions) Act 2000 amended 42
Statutory Corporations (Liability of Directors) Act 1996 amended 42

Part 7 — Transitional and savings provisions

Division 1 — Preliminary

Terms used 43
Interpretation Act 1984 not affected 43

Division 2 — Perth Theatre Trust abolished

Perth Theatre Trust abolished 44

Division 3 — Transfer of the Perth Theatre Trust’s assets, rights and liabilities

Assets, rights and liabilities 44
Perth Theatre Trust Account 44
Investments 45
Reserves 45
Registration of documents 47
Exemption from State tax 47

Division 4 — Chief executive officer and other staff of the Perth Theatre Trust

Chief executive officer of Perth Theatre Trust 48
Other staff 49

Division 5 — Continuing effect of things done

Completion of things commenced 50
Continuing effect of things done 50
Contracts, agreements, arrangements and other instruments 50
Business arrangements 51
Declarations of theatres under s. 3(2) of repealed Act 52

Division 6 — Other transitional provisions

Transitional regulations 52
Savings 53

Notes

Compilation table 55

Defined terms

Western Australia

Arts and Culture Trust Act 2021

An Act —

● to establish the Arts and Culture Trust; and

● to repeal the Perth Theatre Trust Act 1979 and the Perth Theatre Trust (Common Seal) Regulations 1980; and

● to make consequential amendments to various Acts; and

● for related purposes.

Part 1 — Preliminary

1. Short title

This is the Arts and Culture Trust Act 2021.

2. Commencement

This Act comes into operation as follows —

(a) Part 1 (other than sections 4 and 5) — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation.

3. Terms used

In this Act —

activity includes an event, performance, exhibition, demonstration, lecture, screening and production activity;

Arts and Culture Trust Account means the Arts and Culture Trust Account established under section 60(1);

arts organisation means any incorporated body or unincorporated group (however structured) that is principally engaged in —

(a) conducting cultural or artistic activities; or

(b) providing cultural or artistic services;

Board means the Trust’s board provided for in section 16(1);

Board member has the meaning given in section 17(1);

CEO has the meaning given in section 41(1);

chairperson means the person designated under section 18(1) as the chairperson of the Board;

committee means a committee appointed under section 34(1);

Department CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;

deputy chairperson means the person designated under section 18(1) as the deputy chairperson of the Board;

LA Act means the Land Administration Act 1997;

misconduct, in relation to a person who holds office as a Board member or the CEO, includes conduct that —

(a) brings the Trust into disrepute; or

(b) otherwise renders the person unfit to hold the office even though the conduct does not relate to a duty of the office;

place means any land, building or structure (whether permanent or temporary) or any part of any land, building or structure;

production activity means an activity (whether conducted in private or not) that involves or is related to the production, composition or development of any of the following (whether for display, presentation or distribution to the public or not) —

(a) audio material, visual material or audio‑visual material;

(b) a work of art;

(d) a dance or any other kind of performance;

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1);

resident company means an arts organisation declared under section 5 to be a resident company for the purposes of this Act;

staff member means —

(a) the CEO; or

(b) a person appointed, employed or engaged as mentioned in section 52;

ticketing services, for an activity, means management services relating to the issue and sale of admission tickets for the activity;

Trust means the Arts and Culture Trust established under section 7(1);

Trust property means —

(a) any Trust venue; or

(b) any other real or personal property —

(i) owned by, or leased to, the Trust; or

(ii) vested in, or placed under the care, control and management of, the Trust under a written law;

Trust venue means —

(a) a place referred to in paragraph (a) of the definition of venue; or

(b) any venue —

(i) owned by, or leased to, the Trust; or

(ii) vested in, or placed under the care, control and management of, the Trust under a written law;

Trust venue programming means the selection, procurement and scheduling of activities at Trust venues;

unable to act, in relation to a Board member, means unable to act as a Board member for any reason, including the following —

(a) illness;

(b) absence;

venue means —

(a) a place declared under section 4(1) to be a venue used, or intended to be used, wholly or partly for cultural or artistic purposes; or

(b) any other place used, or intended to be used, wholly or partly for cultural or artistic purposes.

4. Minister may declare places to be venues

(1) The Minister may, by notice published in the Gazette, declare a place to be a venue used, or intended to be used, wholly or partly for cultural or artistic purposes.

(2) A declaration under this section may be expressed to have effect for a period specified in the declaration.

5. Minister may declare arts organisations to be resident companies

(1) The Minister may, by notice published in the Gazette, declare an arts organisation to be a resident company for the purposes of this Act if the arts organisation —

(a) conducts activities primarily at 1 or more Trust venues; and

(b) receives funding from a department of the Public Service, or other agency or instrumentality of the State.

(2) For the purposes of subsection (1), it does not matter whether or not the arts organisation —

(a) conducts activities other than at Trust venues; or

(b) is based in offices at a Trust venue.

6. Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2 — Arts and Culture Trust

7. Trust established

(1) The Arts and Culture Trust is established.

(2) The Trust is a body corporate with perpetual succession.

(3) Proceedings may be taken by or against the Trust in its corporate name.

8. Trust may use trading names

(1) The Trust may use, and operate under, 1 or more trading names approved by the Minister.

(2) A trading name can be —

(a) an abbreviation or adaptation of the Trust’s corporate name; or

(b) a name other than the Trust’s corporate name.

(3) Notice of approval of a name under subsection (1) must be published in the Gazette.

9. Trust’s status

The Trust is an agent of the Crown and has the status, immunities and privileges of the Crown.

10. Trust’s functions

(1) In this section —

promote, in relation to an activity, includes attract, organise, commission, fund, invest in, support, market, advertise and act as project manager.

(2) The Trust has the following functions —

(a) to establish, care for, control, manage, operate, maintain, develop and improve Trust venues and other Trust property;

(b) to use, or authorise the use of, Trust venues and other Trust property for —

(i) production activities; or

(ii) any other activities of an artistic, cultural, recreational or educational nature; or

(iii) the purpose of public entertainment or recreation; or

(iv) any other purpose approved by the Minister; or

(v) any purpose ancillary to activities or purposes referred to in subparagraphs (i) to (iv);

(c) to coordinate Trust venue programming and the use of Trust venues, and other Trust property, for activities or purposes referred to in paragraph (b);

(d) to provide, maintain, improve and promote facilities, amenities and services at Trust venues for —

(i) the instruction, entertainment and convenience of the public; or

(ii) the effective operation of Trust venues;

(e) to encourage, foster, promote and facilitate the use and enjoyment of Trust venues and other Trust property;

(f) without limiting paragraph (e), to promote, or take part in promoting, activities conducted at Trust venues;

(g) to promote public awareness of, and foster public interest in, matters relating or incidental to culture and the arts;

(h) without limiting paragraph (g), to promote and provide educational and training activities in relation to culture and the arts;

(i) to perform other functions consistent with the use and enjoyment of Trust venues as the Trust considers appropriate;

(j) to perform other functions conferred on the Trust under this Act or another written law;

(k) to perform other functions necessary or incidental to the functions mentioned in paragraphs (a) to (j).

(3) In performing its functions, the Trust must —

(a) recognise the role of resident companies and the contributions they make to culture and the arts in Western Australia; and

(b) seek to support resident companies in conducting their activities at Trust venues and, in particular, on matters relating to —

(i) the leasing and hiring out of Trust venues and other Trust property; and

(ii) Trust venue programming;

and

(c) have regard to, and seek to implement, any objectives for Trust venues prescribed for the purposes of this paragraph, being matters that are of importance to the establishment, care, control, management, operation, maintenance, development or improvement of Trust venues.

11. Trust’s powers

(1) In this section —

acquire includes taking on lease or licence or in any other manner in which an interest in property may be acquired;

business arrangement means a company, a partnership, a trust, a joint venture, an arrangement or agreement for sharing profits or an arrangement or agreement for sponsorship;

dispose of includes disposing of by way of lease or licence or in any other manner in which an interest in property may be disposed of;

participate in a business arrangement includes form, promote, establish, enter into, manage, dissolve, wind up and do anything incidental to the business arrangement;

work includes the following —

(a) the development or redevelopment of an area of land;

(b) the construction, reconstruction or demolition of any building;

(2) The Trust has all the powers it needs to perform its functions.

(3) The Trust may, for the purposes of performing any of its functions, do all or any of the following —

(a) acquire, hold, dispose of or otherwise deal in real or personal property;

(b) carry out, or arrange to be carried out, work in connection with the maintenance, development and improvement of any Trust venue and, in particular, for the purpose of making any Trust venue suitable for the activities or purposes referred to in section 10(2)(b);

(c) enter into a contract or other arrangement, including a contract or arrangement for the provision of services to the Trust;

(d) without limiting paragraph (c), enter into a contract or arrangement for any person to manage any Trust venue;

(e) provide, or permit any person to provide, refreshments (including liquor) at Trust venues and apply for, hold and dispose of any licence, permit or other authority required in connection with the provision of those refreshments;

(f) participate in a business arrangement and acquire, hold and dispose of shares, units or other interests in or relating to a business arrangement;

(g) cooperate with, and provide financial or other assistance to, other bodies and individuals;

(h) produce and deal in any equipment, facilities or system associated with the performance of its functions;

(i) develop and turn to account any technology, software, resource or intellectual property that relates to its functions and, for that purpose, apply for, hold, receive, exploit and dispose of any intellectual property;

(j) provide and turn to account advertising opportunities or opportunities to participate in arrangements in the nature of advertising or having a purpose similar to advertising;

(k) use its expertise and resources to provide consultancy, management, advisory or other services for a fee or otherwise;

(l) without limiting paragraph (k), provide, for a fee or otherwise, ticketing services for any activity at a Trust venue or any place that is not a Trust venue;

(m) require payment of rent, fees or other charges for, or in connection with —

(i) the hire or use of a Trust venue, or any part of a Trust venue, or any other Trust property; or

(ii) entry to a Trust venue or any part of a Trust venue; or

(iii) admission to any activity at a Trust venue; or

(iv) the parking of vehicles on or in any part of a Trust venue;

(n) fix the amount of rent, fees or charges referred to in paragraphs (k), (l) and (m) with power to waive, reduce or refund the amount payable in particular cases;

(o) produce and publish information on matters related to its functions;

(p) appoint or engage agents or attorneys;

(q) act as agent for other persons.

(4) Subsections (2) and (3) are subject to sections 12, 13 and 14.

(5) Subsection (3) does not limit subsection (2) or any of the Trust’s other powers.

(6) The Trust may —

(a) make any gift for a charitable purpose or any other purpose of benefit to the community or a section of the community; or

(b) accept any gift, bequest or other payment if it is absolute, or subject to conditions that the Trust would be able to satisfy.

(7) In exercising any power under this section, the Trust may act in conjunction with —

(a) any person or firm, or public authority; or

(b) any department of the Public Service, or other agency or instrumentality, of this State, another State or Territory or the Commonwealth.

12. General restrictions on Trust’s powers

(1) The Trust’s power to dispose of real property does not extend to the transfer of Crown land for an estate in fee simple.

(2) If any real property is vested in or placed under the care, control and management of the Trust under a written law, the operation of section 11(3)(a) in relation to the property is subject to —

(a) the conditions upon which it is vested in or placed under the care, control and management of the Trust; and

(b) in the case of land to which the LA Act applies — that Act.

(3) The Trust must not exercise the following powers without the Minister’s written approval —

(a) the power conferred by section 11(3)(a) to acquire or dispose of real property;

(b) the power conferred by section 11(3)(d).

13. Requirement for approval to participate in business arrangements

(1) The Trust must not exercise a power conferred by section 11(3)(f) in relation to a business arrangement unless the terms and conditions of that business arrangement are terms and conditions approved by the Minister and the Treasurer in respect of —

(a) that business arrangement; or

(b) business arrangements of that class; or

(2) The Treasurer may, by written notice given to the Trust, exempt any business arrangement, or class of business arrangement, from the operation of subsection (1) either unconditionally or on conditions specified in the notice.

(3) A notice under subsection (2) may be revoked or amended by the Treasurer by written notice given to the Trust.

(4) The Treasurer may also give directions to be complied with generally by the Trust in the exercise of the power referred to in subsection (1).

14. Requirement for approval to provide ticketing services for activities not at Trust venues

(1) The Trust must not exercise the power conferred by section 11(3)(l) to provide ticketing services for any activity at any place that is not a Trust venue without the Minister’s written approval.

(2) The Minister may, by written notice given to the Trust, exempt ticketing services for any activity, or class of activities, at any place, or class of places, from the operation of subsection (1) either unconditionally or on conditions specified in the notice.

(3) A notice under subsection (2) may be revoked or amended by the Minister by written notice given to the Trust.

(4) The Minister may also give directions to be complied with generally by the Trust in the exercise of the power referred to in subsection (1).

15. Delegation

(1) The Trust may delegate any power or duty of the Trust under another provision of this Act to —

(a) a Board member; or

(b) a staff member; or

(2) The delegation must be in writing executed by the Trust.

(3) A person or committee to whom or which a power or duty is delegated under this section cannot delegate the power or duty.

(4) A person or committee exercising or performing a power or duty that has been delegated to the person or committee under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5) Nothing in this section limits the ability of the Trust to perform a function through a staff member or an agent.

(6) This section does not apply to the execution of documents but authority to execute documents on behalf of the Trust can be given under section 40(5).

Part 3 — Administration of the Trust

Division 1 — The Board

Subdivision 1 — How the Board is constituted

16. Board is governing body

(1) The Trust must have a board.

(2) The Board is the governing body of the Trust and, in the name of the Trust, must perform the Trust’s functions.

17. Board membership

(1) The Board consists of 9 persons, each of whom is appointed by the Minister as a Board member.

(2) The Minister must ensure that —

(a) at least 3 Board members have, in the opinion of the Minister, knowledge of and experience in 1 or more of the following —

(i) commerce;

(ii) law;

(iii) financial management;

(iv) human resource management;

(v) marketing;

and

(b) at least 2 Board members have, in the opinion of the Minister, knowledge of and experience in infrastructure planning and management; and

(c) each other Board member has, in the opinion of the Minister, knowledge of and experience in a field related to the Trust’s functions.

(3) Neither the CEO nor the Department CEO is eligible to be appointed as a Board member.

18. Chairperson and deputy chairperson

(1) The Minister must designate a Board member to be the chairperson of the Board and another to be the deputy chairperson of the Board.

(2) If the chairperson is unable to act or if there is no chairperson, the deputy chairperson must act in the chairperson’s place.

(3) An act or omission of the deputy chairperson acting in the chairperson’s place cannot be questioned on the ground that the occasion to act in the chairperson’s place had not arisen or had ceased.

19. Term of office

A Board member —

(a) holds office for the period, not exceeding 4 years, specified in the instrument of appointment; and

(b) is eligible for reappointment once or more than once.

20. Casual vacancies, resignation and removal from office

(1) The office of a Board member becomes vacant if the Board member —

(a) dies, resigns or is removed from office under this section; or

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is convicted of an offence under section 36(1) or (2) or 67(1).

(2) A Board member may at any time resign from office by written notice given to the Minister.

(3) Subject to subsection (4), the resignation takes effect on the day on which it is received by the Minister.

(4) If the resignation specifies a day on which it is to have effect that is later than the day on which the resignation is received by the Minister, the resignation takes effect on the day specified in the resignation.

(5) The Minister may remove a Board member from office —

(a) on the grounds of neglect of duty; or

(b) on the grounds of misconduct or incompetence; or

(c) on the grounds of mental or physical incapacity, other than temporary illness, impairing the performance of the Board member’s duties; or

(d) on the grounds of absence, without leave, from 3 consecutive meetings of the Board of which the Board member has had notice; or

(e) for any other reasonable cause.

21. Extension of term of office

If the office of a Board member becomes vacant because the Board member’s term of office expires by effluxion of time, the Board member continues to be a Board member during that vacancy until the earlier of the following —

(a) the end of the period of 3 months immediately following the expiry of the term of office;

(b) the vacancy being filled;

(d) the Board member being removed from office under section 20.

22. Leave of absence

The Board may, on any terms and conditions it thinks fit, grant a Board member leave to be absent from office.

23. Alternate Board members

(1) If a Board member is unable to act, the Minister may appoint another person as an alternate Board member to act temporarily in the Board member’s place.

(2) Subsection (1) does not apply in relation to the chairperson.

(3) If the deputy chairperson is acting in the chairperson’s place, the Minister may, under subsection (1), appoint another person as an alternate Board member to act temporarily in the deputy chairperson’s place.

(4) While acting in accordance with the appointment, the alternate Board member is taken to be, and to have any entitlement of, a Board member.

24. Remuneration and allowances

A Board member is entitled to be paid any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.

Subdivision 2 — Board meetings

25. Holding meetings

(1) The first meeting of the Board must be convened by the chairperson, and subsequent meetings are to be held at times and places determined by the Board.

(2) The Board must meet at least 4 times a year.

(3) A special meeting of the Board may at any time be convened by the chairperson.

26. Quorum

The quorum for a meeting of the Board is 5 members of the Board.

27. Presiding Board members

(1) The chairperson, if present, must preside at a meeting of the Board.

(2) If neither the chairperson, nor the deputy chairperson acting as the chairperson, is presiding under subsection (1), the Board members present at the meeting must elect 1 of their number to preside.

28. Procedure at meetings

The Board may determine its own meeting procedures to the extent that they are not fixed by this Act.

29. Voting

(1) At a meeting of the Board, each Board member present has a deliberative vote unless section 37 prevents the Board member from voting.

(2) In the case of an equality of votes, the presiding Board member has a casting vote in addition to a deliberative vote.

(3) A question is resolved according to how a majority of the votes are cast.

30. Holding meetings remotely

The presence of a Board member at a meeting of the Board need not be by attendance in person but may be by that Board member and each other Board member at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.

31. Resolution without meeting

A resolution in writing signed or otherwise assented to in writing by each Board member has the same effect as if it had been passed at a meeting of the Board.

32. CEO and Department CEO may attend meetings

(1) In this section —

relevant person means —

(a) the CEO; or

(b) a person authorised in writing by the CEO to attend a meeting of the Board as the representative of the CEO; or

(d) a person authorised in writing by the Department CEO to attend a meeting of the Board as the representative of the Department CEO.

(2) Subject to subsection (3), a relevant person may attend meetings of the Board and participate in its deliberations but cannot vote at a meeting of the Board.

(3) If the Board requests the CEO, or a person referred to in paragraph (b) of the definition of relevant person, not to attend a particular meeting, or part of a particular meeting, of the Board, the CEO or other person (as the case may be) must comply with the request.

(4) Sections 30, 36, 37 and 38 apply, with any necessary modifications, to a relevant person in relation to attendance at meetings of the Board as if the relevant person were a Board member.

33. Minutes

The Board must cause accurate minutes to be kept of the proceedings at each of its meetings.

Subdivision 3 — Committees

34. Committees

(1) The Board may —

(a) appoint committees to investigate and advise the Trust on any aspect of its functions or assist the Trust in the performance of its functions; and

(b) discharge or alter any committee it has appointed.

(2) A committee may include persons who are not Board members but must include at least 1 Board member.

(3) The Board may give directions to a committee on the following matters —

(a) the functions to be performed by the committee;

(b) the committee’s procedures;

(4) A committee must comply with a direction of the Board.

(5) A committee may determine its own procedures but they must be consistent with any directions of the Board and the terms of any delegation under which the committee is acting.

(6) A committee must —

(a) keep minutes of its meetings to a standard approved by the Board; and

(b) provide the Board with a copy of the minutes of each meeting.

35. Remuneration and allowances

A member of a committee is entitled to be paid any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.

Subdivision 4 — Disclosure of interests

36. Disclosure of material personal interests

(1) A Board member who has a material personal interest in a matter being considered or about to be considered by the Board must, as soon as possible after the relevant facts have come to the Board member’s knowledge, disclose the nature of the interest at a meeting of the Board.

Penalty for this subsection: a fine of $10 000.

(2) A member of a committee who has a material personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee.

Penalty for this subsection: a fine of $10 000.

(3) Subsection (2) applies to a person who is a member of a committee and also a Board member even though the person has already disclosed the nature of the interest at a meeting of the Board.

(4) A disclosure under subsection (1) or (2) must be recorded in the minutes of the meeting.

37. Voting by interested member

(1) A Board member or a member of a committee who has a material personal interest in a matter being considered or about to be considered by the Board or the committee —

(a) must not vote, whether at a meeting or otherwise, on the matter; and

(b) must not be present while the matter is being considered at a meeting.

(2) A reference in subsection (1)(a) or (b) to a matter includes a reference to a proposed resolution under section 38 in respect of the matter, whether relating to that member or a different member.

38. Section 37 may be declared inapplicable

Section 37 does not apply if —

(a) a Board member or a member of a committee has disclosed under section 36(1) or (2) an interest in a matter; and

(b) the Board or committee, as the case requires, has at any time passed a resolution that —

(i) specifies the member, the interest and the matter; and

(ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter.

39. Quorum if s. 37 applies

(1) Despite section 26, if a Board member is disqualified under section 37, a quorum is present during the consideration of the matter if at least 4 Board members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present.

(2) The Minister may deal with a matter to the extent that the Board cannot deal with it because of subsection (1).

Subdivision 5 — Execution of documents

40. Execution of documents by Trust

(1) The Trust must have a common seal.

(2) A document is duly executed by the Trust if —

(a) the common seal of the Trust is applied to it in accordance with subsections (3) and (4); or

(b) it is signed on behalf of the Trust by a person or persons authorised to do so under subsection (5).

(3) The common seal of the Trust must not be applied to any document except as authorised by the Trust.

(4) The common seal of the Trust must be applied to a document in the presence of any 2 Board members, each of whom must sign the document to attest that the common seal was so applied.

(5) The Trust may, by writing under its common seal, authorise 1 or more Board members or staff members to sign documents on behalf of the Trust, either generally or subject to the conditions that are specified in the authorisation.

(6) A document purporting to be executed in accordance with this section must be presumed to be duly executed unless the contrary is shown.

(7) When a document is produced bearing a seal purporting to be the common seal of the Trust, it must be presumed that the seal is the common seal of the Trust until the contrary is shown.

Division 2 — Staff of the Trust

Subdivision 1 — The CEO

41. CEO

(1) The Trust must have a chief executive officer (the CEO).

(2) The CEO must administer the day‑to‑day operations of the Trust subject to the control of the Board.

42. Effect of Trust being SES organisation

While the Trust is an SES organisation under the Public Sector Management Act 1994, the CEO is —

(a) its chief executive officer under that Act; or

(b) if section 44(2) of that Act applies, its chief employee under that Act.

43. Effect of Trust becoming non‑SES organisation

If the Trust becomes a non‑SES organisation under the Public Sector Management Act 1994, the CEO is to be its chief employee under that Act.

44. Appointment of CEO

(1) If section 42(a) applies, the CEO must be appointed and hold office under the Public Sector Management Act 1994 Part 3.

(2) If section 42(b) or 43 applies —

(a) the CEO must be appointed by the Trust; and

(b) Subdivision 2 has effect with respect to the tenure, salary and conditions of service of the CEO and the other matters provided for in that Subdivision.

Subdivision 2 — Provisions applying to the CEO if section 42(b) or 43 applies

45. Application

This Subdivision applies if section 42(b) or 43 applies.

46. Term of office

The CEO holds office for a term, not exceeding 5 years, fixed by the instrument of appointment and is eligible for reappointment once or more than once.

47. Remuneration and allowances

Subject to the Salaries and Allowances Act 1975, the CEO —

(a) is entitled to be paid remuneration and allowances at such rates per annum as the Trust determines on the recommendation of the Public Sector Commissioner; and

(b) has the same annual leave, personal leave and long service leave entitlements as a permanent officer of the Public Service.

48. Casual vacancies, resignation and removal from office

(1) The office of CEO becomes vacant if the CEO —

(a) dies, resigns or is removed from office under this section; or

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is convicted of an offence under section 67(1).

(2) The CEO may at any time resign from office by written notice given to the Trust.

(3) Subject to subsection (4), the resignation takes effect on the day on which it is received by the Trust.

(4) If the resignation specifies a day on which it is to have effect that is later than the day on which the resignation is received by the Trust, the resignation takes effect on the day specified in the resignation.

(5) The Trust may remove the CEO from office —

(a) on the grounds of neglect of duty; or

(b) on the grounds of misconduct or incompetence; or

(c) on the grounds of mental or physical incapacity, other than temporary illness, impairing the performance of the CEO’s duties; or

(d) for any other reasonable cause.

49. Entitlements of public service officer as CEO

(1) If a person occupied an office in the Public Service immediately before being appointed to the office of CEO, the person retains existing and accruing entitlements based upon service as if service as the CEO were a continuation of service in the office in the Public Service.

(2) If a person ceases to be the CEO and is appointed to an office in the Public Service, the person’s service as the CEO must be regarded as service in the Public Service for the purposes of determining the person’s rights as a public service officer.

50. Other conditions of service

Subject to this Division, the Trust may, on the recommendation of the Public Sector Commissioner, determine other terms and conditions of service (if any) that apply to the CEO.

51. Acting CEO

(1) If the CEO is unable to act or the office of CEO is vacant, the Trust may appoint a person to act as the CEO.

(2) A person cannot act under an appointment under subsection (1) for a continuous period exceeding 12 months.

(3) A person acting as the CEO holds office on the terms and conditions of appointment, including as to remuneration, determined by the Trust.

(4) The remuneration of a person acting as the CEO cannot exceed that of the holder of the office or, if the office is vacant, the most recent holder of the office.

(5) An act or omission of a person acting as the CEO cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.

Subdivision 3 — Other staff of the Trust

52. Other staff of Trust

(1) Public service officers may be appointed under the Public Sector Management Act 1994 Part 3 to enable the Trust to perform its functions.

(2) The Trust may, subject to any relevant written law or any binding award, order or industrial agreement under the Industrial Relations Act 1979, employ or engage and manage staff otherwise than under the Public Sector Management Act 1994 Part 3.

(3) This section does not detract from the power that the Public Sector Management Act 1994 section 100 gives the employing authority of the Trust to engage a person under a contract for services or appoint a person on a casual employment basis.

(4) The Trust may, by arrangement on such terms as are agreed with the relevant parties, make use of the services of a person employed by another person.

53. Use of government staff and facilities

(1) The Trust may, by arrangement with the relevant employing authority, make use, either full‑time or part‑time, of the services of any officer or employee —

(a) in the Public Service; or

(b) in a State agency; or

(2) The Trust may, by arrangement with a department of the Public Service or a State agency, make use of any facilities of the department or agency.

(3) An arrangement under subsection (1) or (2) must be made on terms agreed to by the parties.

54. Agreements to recover cost of employing or engaging staff

The Trust may, by agreement with a person using a Trust venue to conduct an activity, recover from the person the whole or part of the cost of employing or engaging staff for the purposes of the Trust venue while it is being used by the person to conduct the activity.

Part 4 — Accountability and financial provisions

Division 1 — Accountability

55. Minister may give directions

(1) The Minister may give written directions to the Trust with respect to the performance of its functions, either generally or in relation to a particular matter, and the Trust must give effect to any such direction.

(2) The Minister must cause the text of any direction under subsection (1) to be laid before each House of Parliament within 14 days after the day on which the direction is given.

(3) The text of a direction under subsection (1) must be included in the annual report submitted by the accountable authority of the Trust under the Financial Management Act 2006 Part 5.

56. Minister to be kept informed

The Trust must —

(a) keep the Minister reasonably informed of the operations, financial performance and financial position of the Trust, including the assets and liabilities, profits and losses and prospects of the Trust; and

(b) give the Minister reports and information that the Minister requires for the making of informed assessments of matters referred to in paragraph (a).

57. Minister to have access to information

(1) In this section —

document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

information means information specified, or of a description specified, by the Minister that relates to the Trust’s functions.

(2) The Minister is entitled —

(a) to have information in the possession of the Trust; and

(b) if the information is in or on a document, to have, and make and retain copies of, that document.

(3) For the purposes of subsection (2), the Minister may —

(a) request the Trust to give information to the Minister; and

(b) request the Trust to give the Minister access to information; and

(4) The Trust must comply with a request under subsection (3).

58. Protection for disclosure or compliance with directions

The Trust or another person performing a function under this Act is not liable —

(a) in respect of any claim arising as a consequence of the disclosure of information or documents under —

(i) section 56, 57 or 65; or

(ii) a requirement imposed under the Financial Management Act 2006 or the Auditor General Act 2006;

(b) for the fact of having done or omitted a thing that is required to be done or omitted by a direction given under this Act.

Division 2 — Financial provisions

59. Application of Financial Management Act 2006 and Auditor General Act 2006

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in relation to the Trust and its operations.

60. Arts and Culture Trust Account

(1) An account called the Arts and Culture Trust Account must be established as an agency special purpose account under the Financial Management Act 2006 section 16.

(2) Money received by the Trust must be credited to, and money paid by the Trust must be charged to, the Arts and Culture Trust Account.

61. Trust’s funds

(1) Subject to subsection (2), the funds available for the purposes of enabling the Trust to perform its functions under this or any other Act consist of money that is, under this or any other Act, lawfully received by or made available to, the Trust.

(2) If any money has been accepted by the Trust upon trust or lawful condition, the Trust must apply the money in accordance with the trust or condition.

62. Borrowing

The Trust may, with the Treasurer’s prior approval —

(a) borrow or re‑borrow money; and

(b) otherwise arrange for financial accommodation to be extended to the Trust.

63. Guarantees by Treasurer

(1) The Treasurer, on the Minister’s recommendation, may, in the name and on behalf of the State, guarantee the payment of any money payable by the Trust in respect of money borrowed by it under section 62.

(2) A guarantee must be in a form, and contain terms and conditions, determined by the Treasurer.

(3) Before a guarantee is given, the Trust must —

(a) give the Treasurer any security the Treasurer requires; and

(b) execute all instruments that are necessary for the purpose.

(4) The Treasurer may fix charges to be paid by the Trust to the credit of the Consolidated Account in respect of a guarantee given under this section.

64. Effect of guarantee

(1) The due payment of money under a guarantee given under section 63 must be —

(a) made by the Treasurer; and

(b) charged to, and paid out of, the Consolidated Account, which this subsection appropriates accordingly.

(2) The Treasurer must cause to be credited to the Consolidated Account any amounts received or recovered from the Trust or otherwise in respect of any payment made by the Treasurer under a guarantee given under section 63.

65. Notice of financial difficulty

(1) The Trust must notify the Minister if it forms the opinion that it is unable to, or will be unlikely to be able to, satisfy any of its financial obligations from the financial resources available to it, or likely to be available to it, at the time the financial obligation is due.

(2) The notice must be in writing, giving reasons for the Trust’s opinion.

(3) Within 7 days after receipt of the notice, the Minister must —

(a) confer with the Treasurer and the Trust for the purpose of determining what action is required to ensure that the Trust is able to satisfy the relevant financial obligation when it is due; and

(b) initiate such action as is required to ensure that the Trust is able to satisfy the relevant financial obligation when it is due.

(4) For the purposes of subsection (3), the Minister may give the Trust a direction under section 55 requiring the Trust to cease or limit the performance of any function.

Part 5 — Miscellaneous

66. Protection from liability for wrongdoing

(1) No action or claim for damages lies against a person other than the Trust for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

(2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.

(3) Despite subsection (1), neither the Trust nor the State is relieved of any liability that it might have for another person having done anything as described in that subsection.

(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.

67. Confidentiality

(1) A person must not, directly or indirectly, use or disclose any information obtained by the person because of —

(a) the person’s office, position, employment or engagement under or for the purposes of this Act; or

(b) any disclosure made to the person under or for the purposes of this Act.

Penalty for this subsection: a fine of $10 000.

(2) Subsection (1) does not apply in relation to the use or disclosure of information that is already in the public domain.

(3) A person does not commit an offence under subsection (1) if the use or disclosure of the information is authorised under section 68(1).

68. Authorised use or disclosure of information

(1) For the purposes of this Act, the use or disclosure of information is authorised if the information is used or disclosed in good faith in any of the following circumstances —

(a) for the purpose of, or in connection with, performing a function under this or any other Act;

(b) as otherwise authorised or required under or for the purposes of this Act;

(d) to a court or other person or body acting judicially in the course of proceedings before the court, person or body;

(e) under an order of a court or other person or body acting judicially;

(f) any other circumstances prescribed for the purposes of this subsection.

(2) If the use or disclosure of information is authorised under subsection (1) —

(a) no civil or criminal liability is incurred in respect of the use or disclosure; and

(b) the use or disclosure must not be regarded as —

(i) a breach of any duty of confidentiality or secrecy imposed by law; or

(ii) a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or

(iii) unprofessional conduct.

69. Laying documents before House of Parliament not sitting

(1) This section applies if —

(a) a provision of this Act requires the Minister to cause a document to be laid before each House of Parliament within a period; and

(b) at the beginning of the period, a House of Parliament is not sitting; and

(2) The Minister must send the document to the Clerk of the House before the end of the period.

(3) When the document is sent to the Clerk of the House it is taken to have been laid before the House.

(4) The laying of the document that is taken to have occurred under subsection (3) must be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk receives the document.

70. General regulations

(1) The Governor may make regulations prescribing matters —

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for giving effect to this Act.

(2) Without limiting subsection (1), the regulations may provide for, authorise, prescribe, require, prohibit, restrict or otherwise regulate the following —

(a) the care, control, management, maintenance, development and improvement of Trust venues and other Trust property;

(b) the use and hiring out of Trust venues or any part of a Trust venue;

(d) the times at which a Trust venue, or any part of a Trust venue, must be open or closed to the public;

(e) the maintenance of good order at Trust venues;

(f) the duties and conduct of persons at Trust venues;

(g) the admission of persons, vehicles and animals to Trust venues;

(h) the things that may be brought into or onto Trust venues;

(i) without limiting paragraph (h), the taking of liquor into or onto, and its consumption at, Trust venues;

(j) the removal of persons found committing offences against the regulations or causing annoyance or inconvenience to other persons at Trust venues;

(k) the appointment of authorised persons and their powers in connection with the operation and enforcement of the regulations;

(l) the reservation of any part of a Trust venue for separate or exclusive use specified in the regulations;

(m) private trading at Trust venues or any part of a Trust venue;

(n) without limiting section 11 or 71, the imposition and payment of fees and charges;

(o) the affairs, business and management of the Trust.

(3) The regulations may provide that contravention of a regulation is an offence and may provide for the offence to be punishable on conviction by a penalty not exceeding a fine of $5 000.

71. Traffic regulations

(1) In this section —

authorised person means a person appointed under regulations mentioned in section 70(2)(k).

(2) Without limiting section 70, the regulations may provide for, authorise, prescribe, require, prohibit, restrict or otherwise regulate the following —

(a) the use of vehicles on or in any part of a Trust venue;

(b) the control, supervision and management of parking or standing areas on or in any part of a Trust venue.

(3) The regulations may —

(a) include provisions as to speed, manner of driving, class of vehicles, routes, entrances and exits, one‑way traffic, noise, parking and standing and the control of traffic generally; and

(b) provide for the payment of fees to the Trust in respect of the parking of vehicles on or in any part of a Trust venue and the determination and collection of those fees; and

(c) provide for the issue of permits to park vehicles on or in any part of a Trust venue for periods, and on other terms and conditions specified in the permits, and the amendment, suspension or revocation of those permits; and

(d) provide for the display, erection or marking of signs for the purposes of controlling traffic and the protection of those signs, and any equipment relating to parking and standing areas, against misuse, damage or interference; and

(e) require a person in charge of a vehicle on or in any part of a Trust venue to —

(i) obey the orders and directions of an authorised person given for the purposes of controlling traffic; or

(ii) if requested to do so by an authorised person who reasonably suspects that the person has committed an offence against the regulations, give their name and address to the authorised person;

and

(f) prescribe the following —

(i) the circumstances under which an authorised person may remove a vehicle, or cause it to be removed, from any area of a Trust venue to a place specified in the regulations (whether within the Trust venue or not);

(ii) the scale of fees to be paid to the Trust to recover the vehicle from the place;

(iii) the circumstances in which the Trust may hold the vehicle until the fees are paid;

and

(g) prescribe evidentiary provisions in relation to speed measuring equipment and the use of that equipment; and

(h) prohibit the removal by any person, other than the driver of a vehicle in respect of which an offence against a regulation is alleged to have been committed, of any notice relating to that offence attached to the vehicle or left in or on the vehicle by a person authorised under the regulations to leave the notice.

72. Review of Act

(1) The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review —

(a) as soon as practicable after the 5th anniversary of the day on which this section comes into operation; and

(b) after that, at intervals of not more than 10 years.

(2) The review must address the following —

(a) the effectiveness of the operations of the Trust;

(b) the need for the continuation of the functions of the Trust;

(3) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after the report is prepared, but not later than 12 months after the 5th anniversary or the expiry of the period of 10 years, as the case may be.

Part 6 — Repeals and consequential amendments

Division 1 — Repeals

73. Written laws repealed

(1) The Perth Theatre Trust Act 1979 is repealed.

(2) The Perth Theatre Trust (Common Seal) Regulations 1980 are repealed.

Division 2 — Consequential amendments

74. Constitution Acts Amendment Act 1899 amended

(1) This section amends the Constitution Acts Amendment Act 1899.

(2) In Schedule V Part 3 delete the item for The Perth Theatre Trust established by the Perth Theatre Trust Act 1979.

(3) In Schedule V Part 3 insert in alphabetical order:

The Arts and Culture Trust established under the Arts and Culture Trust Act 2021.

75. Financial Management Act 2006 amended

(1) This section amends the Financial Management Act 2006.

(2) In Schedule 1 delete the item for Perth Theatre Trust.

(3) In Schedule 1 insert in alphabetical order:

Arts and Culture Trust

76. Public Sector Management Act 1994 amended

(1) This section amends the Public Sector Management Act 1994.

(2) Before Schedule 2 item 3 insert:

1	Arts and Culture Trust, established under the Arts and Culture Trust Act 2021

(3) Delete Schedule 2 item 35.

77. State Superannuation (Transitional and Consequential Provisions) Act 2000 amended

(1) This section amends the State Superannuation (Transitional and Consequential Provisions) Act 2000.

(2) Delete section 57.

78. Statutory Corporations (Liability of Directors) Act 1996 amended

(1) This section amends the Statutory Corporations (Liability of Directors) Act 1996.

(2) In Schedule 1 delete the item for Perth Theatre Trust.

Part 7 — Transitional and savings provisions

Division 1 — Preliminary

79. Terms used

In this Part —

Arts and Culture Trust means the Arts and Culture Trust established under section 7(1);

asset —

(a) means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description; and

(b) includes any money, security, chose in action or document;

commencement day means the day on which section 73(1) comes into operation;

liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person;

Perth Theatre Trust means the Perth Theatre Trust established under the repealed Act;

repealed Act means the Perth Theatre Trust Act 1979 as it was in force immediately before commencement day;

right means any right, power, privilege or immunity whether actual, prospective or contingent;

this Part includes regulations referred to in section 95(2).

80. Interpretation Act 1984 not affected

This Part is in addition to the provisions of the Interpretation Act 1984 and, unless the contrary intention appears, does not limit or otherwise affect the operation of those provisions in relation to the repeals effected by section 73.

Division 2 — Perth Theatre Trust abolished

81. Perth Theatre Trust abolished

On commencement day the Perth Theatre Trust is abolished and the trustees of the Perth Theatre Trust go out of office.

Division 3 — Transfer of the Perth Theatre Trust’s assets, rights and liabilities

82. Assets, rights and liabilities

(1) On commencement day —

(a) the assets and rights of the Perth Theatre Trust immediately before commencement day are assigned to and become assets and rights of the Arts and Culture Trust; and

(b) the liabilities of the Perth Theatre Trust immediately before commencement day are assigned to and become liabilities of the Arts and Culture Trust.

(2) On and after commencement day, any proceedings that immediately before commencement day might have been brought or continued by the Perth Theatre Trust may be brought or continued by the Arts and Culture Trust.

(3) On and after commencement day, any remedy that immediately before commencement day might have been available against or to the Perth Theatre Trust is available against or to the Arts and Culture Trust.

83. Perth Theatre Trust Account

(1) On commencement day, any money standing to the credit of the Perth Theatre Trust Account referred to in section 23(2) of the repealed Act (the former account) must be credited to the Arts and Culture Trust Account, and the former account must then be closed.

(2) Money referred to in subsection (1) may be applied —

(a) in the payment of any liabilities of the former account arising before commencement day; and

(b) for the purposes of this Act.

(3) The Arts and Culture Trust Account must be credited with any money payable to the former account before commencement day that is paid on or after commencement day.

(4) If in a contract, agreement, instrument or other document there is a reference to the former account, that reference is, unless the context otherwise requires, to be read or to have effect from commencement day as if it were a reference to the Arts and Culture Trust Account.

84. Investments

(1) The investment of any money that was authorised under section 23 of the repealed Act immediately before commencement day continues to be authorised on and after commencement day as if that Act had not been repealed.

(2) Income derived from the invested money, and any money that ceases to be invested, must be credited to the Arts and Culture Trust Account.

85. Reserves

(1) This section applies to any Crown land that, immediately before commencement day, was a reserve under the LA Act section 41 for which the Perth Theatre Trust was the management body under the LA Act section 46(1).

(2) On commencement day —

(a) Crown land to which this section applies is taken to be a reserve under the LA Act section 41 for the purposes of this Act; and

(b) the Arts and Culture Trust is taken to be the management body of the reserve under the LA Act section 46(1).

(3) For the purposes of section 86 and the purposes of the LA Act —

(a) subsection (2)(a) must be treated as if it were an order made under the LA Act section 51 changing the purpose of the reserve; and

(b) subsection (2)(b) must be treated as if it were —

(i) an order made under the LA Act section 50(1)(a) revoking the management order placing the care, control and management of the reserve with the Perth Theatre Trust and specifying that any interests that existed in, or any caveats that existed in respect of, the reserve immediately before commencement day continue to exist in respect of the reserve on and after commencement day; and

(ii) a management order made under the LA Act section 46(1) placing the care, control and management of the reserve with the Arts and Culture Trust subject to any conditions (with the changes necessary to take account of differences as to the purpose and management body) to which the management order referred to in subparagraph (i) was subject immediately before commencement day.

86. Registration of documents

(1) In this section —

relevant official means —

(a) the Registrar of Titles under the Transfer of Land Act 1893; or

(b) the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856; or

(2) A relevant official must —

(a) take notice of this Part; and

(b) record and register in the appropriate manner the documents necessary to give effect to this Part.

87. Exemption from State tax

(1) In this section —

State tax includes —

(a) duty chargeable under the Duties Act 2008; and

(b) any other tax, duty, fee, levy or charge under a law of the State.

(2) State tax is not payable in relation to —

(a) anything that occurs by operation of this Part; or

(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

(3) The Minister may certify in writing that —

(a) a specified thing occurred by operation of this Part; or

(b) a specified thing was done under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

(4) For all purposes and in all proceedings, a certificate under subsection (3) is sufficient evidence of the matters it certifies, except so far as the contrary is shown.

Division 4 — Chief executive officer and other staff of the Perth Theatre Trust

88. Chief executive officer of Perth Theatre Trust

(1) On and after commencement day, the person who immediately before commencement day occupied the office of chief executive officer of the Perth Theatre Trust continues in office, under this Act and the Public Sector Management Act 1994, as the CEO.

(2) Subject to the Public Sector Management Act 1994, the person’s employment as the CEO continues to be governed by the terms and conditions of employment that applied immediately before commencement day to the person as the chief executive officer of the Perth Theatre Trust.

(3) Except as otherwise agreed by the person referred to in subsection (1), the operation of that subsection does not —

(a) affect the person’s remuneration; or

(b) affect the person’s existing or accruing rights in respect of annual leave, long service leave, personal leave or any other leave; or

(d) interrupt the continuity of the person’s service.

89. Other staff

(1) A person who immediately before commencement day was a public service officer appointed under the Public Sector Management Act 1994 Part 3 to enable the Perth Theatre Trust to perform its functions is, on and after commencement day, taken to be a public service officer appointed under that Act for the purposes of section 52(1) of this Act on the same terms and conditions that applied to the person immediately before commencement day.

(2) A person who immediately before commencement day was appointed by the Perth Theatre Trust under section 17(1)(b) of the repealed Act is, on and after commencement day, taken to have been employed by the Arts and Culture Trust under section 52(2) of this Act on the same terms and conditions that applied to the person immediately before commencement day.

(3) A person who immediately before commencement day was employed on a casual or temporary basis by the Perth Theatre Trust under section 17A(1) of the repealed Act is, on and after commencement day, taken to have been employed by the Arts and Culture Trust under section 52(2) of this Act on the same terms and conditions that applied to the person immediately before commencement day.

(4) Except as otherwise agreed by a person referred to in this section, the operation of this section does not —

(a) affect the person’s remuneration; or

(b) affect the person’s existing or accruing rights in respect of annual leave, long service leave, personal leave or any other leave; or

(d) interrupt the continuity of the person’s service.

Division 5 — Continuing effect of things done

90. Completion of things commenced

Anything commenced by the Perth Theatre Trust before commencement day may be continued on and after commencement day by the Arts and Culture Trust so far as the doing of the thing is within the Arts and Culture Trust’s functions.

91. Continuing effect of things done

(1) In this section —

relevant act means an act, matter or thing done or omitted to be done before commencement day by, to or in respect of the Perth Theatre Trust.

(2) To the extent that a relevant act has force or significance on or after commencement day it is taken, on and after commencement day, to have been done or omitted by, to or in respect of the Arts and Culture Trust so far as the act, matter or thing is relevant to the Arts and Culture Trust’s functions.

(3) This section does not affect the operation of any other provision of this Part.

92. Contracts, agreements, arrangements and other instruments

(1) In this section —

relevant agreement means any of the following subsisting immediately before commencement day —

(a) a contract, agreement or other instrument to which the Perth Theatre Trust is a party or which contains a reference to the Perth Theatre Trust;

(b) an arrangement with the Council of the City of Perth entered into by the Perth Theatre Trust under section 19(1) of the repealed Act.

(2) A relevant agreement has effect on and after commencement day as if —

(a) the Arts and Culture Trust were substituted for the Perth Theatre Trust as a party to the relevant agreement; and

(b) any reference in the relevant agreement to the Perth Theatre Trust were, unless the context otherwise requires, amended to be or include a reference to the Arts and Culture Trust.

93. Business arrangements

(1) Subsection (2) applies if immediately before commencement day —

(a) the Perth Theatre Trust was exercising its powers under section 16(2)(da) of the repealed Act in relation to a business arrangement; and

(b) the terms and conditions of the business arrangement were approved under section 16(3) of the repealed Act.

(2) On and after commencement day, the Arts and Culture Trust may exercise its powers under section 11(3)(f) of this Act in relation to the business arrangement as if the terms and conditions of the business arrangement were approved under section 13(1) of this Act.

(3) Subsection (4) applies if immediately before commencement day —

(a) the Perth Theatre Trust was exercising its powers under section 16(2)(da) of the repealed Act in relation to a business arrangement; and

(b) the business arrangement was exempted, by notice under section 16(4) of the repealed Act, from the operation of section 16(3) of the repealed Act.

(4) On and after commencement day, the Arts and Culture Trust may exercise its powers under section 11(3)(f) of this Act in relation to the business arrangement as if the business arrangement were exempted, by notice under section 13(2) of this Act, from the operation of section 13(1) of this Act on the same conditions (if any) specified in the notice under section 16(4) of the repealed Act.

94. Declarations of theatres under s. 3(2) of repealed Act

(1) This section applies if —

(a) a building or structure has been declared under section 3(2) of the repealed Act to be a theatre for the purposes of that Act; and

(b) the declaration is in force immediately before commencement day.

(2) On and after commencement day, the declaration continues in force, with any necessary modifications, as if it were a declaration under section 4(1) of this Act that the building or structure is a venue used, or intended to be used, wholly or partly for cultural or artistic purposes.

Division 6 — Other transitional provisions

95. Transitional regulations

(1) In this section —

publication day, for transitional regulations, means the day on which the transitional regulations are published in the Gazette;

specified, in relation to transitional regulations, means specified or described in the transitional regulations;

transitional matter —

(a) means a matter of a transitional nature that arises as a result of —

(i) the repeals effected by section 73; or

(ii) an amendment made under Part 6; or

(iii) the enactment of this Act;

and

(b) includes a saving or application matter;

transitional regulations means regulations referred to in subsection (2).

(2) If there is not sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.

(3) Transitional regulations may provide that specified provisions of a written law —

(a) do not apply to or in relation to a specified matter; or

(b) apply with specified modifications to or in relation to any matter.

(4) If transitional regulations provide that a specified state of affairs is taken to have existed, or not to have existed, on and after a day that is earlier than publication day but not earlier than the day on which this section comes into operation, the transitional regulations have effect according to their terms.

(5) If transitional regulations contain a provision referred to in subsection (4), the provision does not operate so as —

(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before publication day; or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before publication day.

96. Savings

The operation of this Part must not be regarded as —

(a) a breach of contract or confidence or otherwise as a civil wrong; or

(b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or

(d) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or

(e) causing any contract or instrument to be void or otherwise unenforceable; or

(f) releasing or allowing the release of any surety.

View image in the official source

Notes

This is a compilation of the Arts and Culture Trust Act 2021. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Arts and Culture Trust Act 2021	15 of 2021	9 Sep 2021	Pt. 1 (other than s. 4 and 5): 9 Sep 2021 (see s. 2(a)); Act other than s. 1, 2, 3 and 6: 1 Jul 2022 (see s. 2(b) and SL 2022/77 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

acquire 11(1)

activity 3

Arts and Culture Trust 79

Arts and Culture Trust Account 3

arts organisation 3

asset 79

authorised person 71(1)

Board 3

Board member 3, 17(1)

business arrangement 11(1)

CEO 3, 41(1)

chairperson 3

commencement day 79

committee 3

Department CEO 3

deputy chairperson 3

dispose of 11(1)

document 57(1)

former account 83(1)

information 57(1)

LA Act 3

liability 79

misconduct 3

participate 11(1)

Perth Theatre Trust 79

place 3

production activity 3

promote 10(1)

publication day 95(1)

relevant act 91(1)

relevant agreement 92(1)

relevant official 86(1)

relevant person 32(1)

remuneration 3

repealed Act 79

resident company 3

right 79

specified 95(1)

staff member 3

State tax 87(1)

this Part 79

ticketing services 3

transitional matter 95(1)

transitional regulations 95(1)

Trust 3

Trust property 3

Trust venue 3

Trust venue programming 3

unable to act 3

venue 3

work 11(1)

Western Australia

Arts and Culture Trust Act 2021

Western Australia

Arts and Culture Trust Act 2021

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Minister may declare places to be venues 5
Minister may declare arts organisations to be resident companies 5
Act binds Crown 5

Part 2 — Arts and Culture Trust

Trust established 6
Trust may use trading names 6
Trust’s status 6
Trust’s functions 6
Trust’s powers 8
General restrictions on Trust’s powers 11
Requirement for approval to participate in business arrangements 12
Requirement for approval to provide ticketing services for activities not at Trust venues 12
Delegation 13

Part 3 — Administration of the Trust

Division 1 — The Board

Subdivision 1 — How the Board is constituted

Board is governing body 14
Board membership 14
Chairperson and deputy chairperson 15
Term of office 15
Casual vacancies, resignation and removal from office 15
Extension of term of office 16
Leave of absence 17
Alternate Board members 17
Remuneration and allowances 17

Subdivision 2 — Board meetings

Holding meetings 17
Quorum 18
Presiding Board members 18
Procedure at meetings 18
Voting 18
Holding meetings remotely 18

The Act organises its material around several core legal constructs: the Trust as a corporate Crown agent; Trust venues and Trust property; governance by a Minister‑appointed Board and a CEO; commercial powers and limits; financial accountability via statutory budgeting and accounts; confidentiality and fiduciary‑type duties; and a transitional framework replacing the Perth Theatre Trust.

Trust status and functions: The Trust is established as a body corporate and explicitly an agent of the Crown with Crown status, immunities and privileges (s 7(1)-(3); s 9). Its functions are drafted broadly to cover the stewardship, operation, programming and improvement of Trust venues and other property, and to promote and support culture and the arts through commissioning, funding, training and public‑facing activity (s 10(2)(a)-(k)). The statutory definition of “promote” is expansive (s 10(1)), encompassing attracting, organising, commissioning, funding, investing in and marketing activities.

Powers and commercialisation: Section 11 lists a broad catalogue of powers necessary to fulfil the Trust’s functions (s 11(2)-(3)). These include acquiring and disposing of property (s 11(3)(a)); arranging or carrying out building work (s 11(3)(b)); contracting for services including venue management by third parties (s 11(3)(c)-(d)); providing refreshments and obtaining liquor licences (s 11(3)(e)); entering business arrangements and taking equity interests (s 11(3)(f)); exploiting intellectual property (s 11(3)(i)); selling advertising opportunities (s 11(3)(j)); providing fee‑based consultancy and ticketing services (s 11(3)(k)-(l)); and charging rent, fees and other charges for venue hire, admission and parking (s 11(3)(m)-(n)).

Restrictions and approvals: Not all powers are unfettered. The Act imposes clear constraints and approval gates. The Trust cannot transfer Crown land in fee simple (s 12(1)). Acquisitions or disposals of real property and arrangements for another person to manage a venue require the Minister’s written approval (s 12(3)). Participation in business arrangements requires Minister and Treasurer approval for terms and conditions (s 13(1)); the Treasurer can exempt classes of arrangements and issue directions (s 13(2)-(4)). Ticketing services for activities at places that are not Trust venues require the Minister’s written approval, though the Minister can exempt classes (s 14).

Governance structure: The Board is the Trust’s governing body (s 16) and has nine ministerially appointed members with specified minimum experience in commerce, law, finance, human resources, marketing and infrastructure planning (s 17). The Minister designates the chair and deputy chair (s 18). The Board operates through meetings (s 25-31), committees (s 34), and may delegate powers in writing to Board members, staff or committees (s 15), subject to non‑delegation of further delegation (s 15(3)).

Financial and public accountability: The Trust is subject to the Financial Management Act 2006 and the Auditor General Act 2006 (s 59), must maintain the Arts and Culture Trust Account as an agency special purpose account (s 60), and comply with reporting, information access and ministerial direction obligations (s 55-57). The Treasurer’s role includes approval of borrowing and guarantees (s 62-63) and the Treasurer may impose charges for guarantees (s 63(4)).

Duties, confidentiality, and protections: Board and committee members must disclose material personal interests and refrain from participating or voting on affected matters (s 36-37); a penalty of $10,000 applies for failing to disclose (s 36(1)-(2)). Confidentiality obligations with a $10,000 penalty govern unauthorised use or disclosure of information (s 67), while section 68 creates authorised paths for disclosure and immunities for good‑faith use in certain contexts. Section 66 provides immunity from civil action for persons (other than the Trust) acting in good faith in the performance or purported performance of functions under the Act, but does not absolve the Trust or State’s liability where it exists (s 66).

Transitional mechanics and repeal: The Act repeals the Perth Theatre Trust Act 1979 (s 73) and contains detailed transitional provisions transferring assets, liabilities, staff and contracts to the new Trust, preserving continuity of contracts and management orders, and providing exemptions from State taxes for matters effected by the transfer (Pt 7, ss 81-96).

These concepts structure how the Trust will act commercially, how state oversight is preserved, and where administrative and legal approvals will be required.

The Act creates effects for multiple identifiable groups and entities by naming roles, creating statutory obligations, and defining funding and property flows.

The Trust and its Board and staff

The Trust is the central legal actor established by the Act (s 7). The Board of nine ministerially appointed members governs the Trust (s 16-19). Board members are directly subject to disclosure duties (s 36-38), meeting and quorum rules (s 25-31), and receive ministerially‑determined remuneration on the Public Sector Commissioner’s recommendation (s 24). The CEO, appointed under the Public Sector Management Act when the Trust is an SES organisation or by the Trust otherwise, runs daily operations and is subject to tenure and removal conditions (s 41-51). The Trust’s staff may be public service officers or engaged outside the Public Sector Management Act (s 52).

Minister and Treasurer

The Minister has multiple appointive and supervisory roles. The Minister appoints Board members (s 17), designates the chair and deputy (s 18), approves trading names (s 8(1)), may declare places to be Trust venues (s 4), may declare resident companies (s 5), issues directions to the Trust that the Trust must comply with and must be laid before Parliament (s 55), and may grant approvals and exemptions in respect of property dealings and ticketing services (s 12(3); s 14). The Treasurer’s consent is required for borrowing arrangements and the Treasurer, together with the Minister, must approve terms and conditions for business arrangements (s 13; s 62-63). The Treasurer may exempt classes of business arrangements and give directions about their exercise (s 13(2)-(4)).

Arts organisations and resident companies

The Act defines “arts organisation” broadly and creates a statutory mechanism for the Minister to declare an arts organisation a “resident company” where it conducts activities primarily at Trust venues and receives State funding (s 3; s 5). The Trust must recognise and support resident companies in leasing, hiring and programming matters (s 10(3)). Resident companies that previously had arrangements with the Perth Theatre Trust are affected by the transitional transfer provisions (Pt 7 Div 5).

Venue hirers, artists and service providers

People or bodies hiring Trust venues will be affected by the Trust’s power to fix and collect rent, fees, admission charges and parking fees (s 11(3)(m)-(n)), and by any regulations the Governor may make governing conduct at venues (s 70). The Trust may also recover staff‑costs from users (s 54), provide ticketing services (s 11(3)(l)) and act as an agent for others (s 11(3)(q)), influencing contracting relationships.

Creditors, financiers and partners

The Trust may borrow money with the Treasurer’s approval and the Treasurer may guarantee Trust borrowings on the Minister’s recommendation (s 62-63). Those arrangements create a channel for external lenders to rely on state guarantees, subject to security and charge terms determined by the Treasurer (s 63(3)-(4)). Business partners and joint venture participants are affected by the requirement that business arrangements have terms approved by the Minister and Treasurer unless exempted by the Treasurer (s 13).

Public sector agencies and the Department CEO

The Trust may make use of public sector staff and facilities by arrangement with employing authorities (s 53). The Department CEO is a defined participant who may attend and participate in Board meetings (s 32). The Trust is subject to the Financial Management Act and Auditor General Act, creating direct reporting lines to the Department and Parliament (s 59-60; s 55-57).

General public and audiences

The public is affected via access to venues and programs; the Trust may set opening hours, regulate conduct, admissions and ticketing (s 10; s 11; s 70). Charges for admission, parking and refreshments are within the Trust’s powers (s 11(3)(e), (m)-(n)).

Perth Theatre Trust stakeholders

The repeal of the Perth Theatre Trust Act 1979 and the transitional clauses transfer assets, liabilities, contracts, staff and reserves to the Arts and Culture Trust (s 73; s 82-93). That means existing contractual parties, grant recipients, employees and management bodies of reserved Crown land are directly affected by automatic assignment and continuation provisions (Pt 7 Divs 2-5).

Regulatory and enforcement actors

Authorised persons under regulations (if made) will have powers to control traffic, parking and order at venues and may enforce offences created by the regulations (s 70; s 71). The Act contemplates the Governor making regulations that create offences punishable by up to $5,000 (s 70(3)).

In sum, the Act affects a constellation of state actors (Minister, Treasurer, Department CEO), the Trust’s internal actors (Board, CEO, staff), private arts organisations and hirers, financiers and contractors, and the public that uses and attends Trust venues. The legal and commercial relationships among these groups are shaped by the Trust’s commercial powers bounded by ministerial and treasurer approvals, and by financial and reporting obligations under other statutory frameworks.

The Act creates a network of statutory duties, rights and procedural obligations that determine how the Trust and individuals within it must behave and what entitlements third parties hold.

Trust’s functions and duties: The Trust has a statutory duty to perform the functions listed in section 10, which include establishing, caring for and managing Trust venues and property (s 10(2)(a)); coordinating venue programming (s 10(2)(c)); promoting and fostering public interest in culture and the arts (s 10(2)(g)-(h)); and performing functions conferred under other laws (s 10(2)(j)). When performing its functions the Trust must recognise the role of resident companies and seek to support them with particular reference to leasing, hiring and programming (s 10(3)(a)-(b)). The Trust must also have regard to any prescribed objectives for Trust venues (s 10(3)(c)).

Board and fiduciary‑type duties: Board members are obliged to act within the governance framework set by the Act. They must disclose material personal interests as soon as reasonably practicable at meetings and record those disclosures in minutes (s 36(1), (4)). A failure to disclose carries a pecuniary penalty (fine of $10,000) (s 36(1)-(2)). Board/committee members with material personal interests must not vote or be present while the matter is considered (s 37(1)(a)-(b)). The Board may, by resolution with particulars recorded, declare section 37 inapplicable where an interest is trivial or insignificant (s 38).

Obligations to the Minister and Parliament: The Trust must give effect to written directions from the Minister about performance of its functions (s 55(1)). The Minister must lay any such directions before Parliament within 14 days (s 55(2)) and include the text of directions in the Trust’s annual report under the Financial Management Act (s 55(3)). The Trust must keep the Minister reasonably informed of its operations, financial performance and position and provide requested information for making informed assessments (s 56). The Minister is entitled to have,and to copy,information and documents in the Trust’s possession on request, and the Trust must comply with those requests (s 57(2)-(4)). Section 58 protects persons and the Trust from liability for disclosure in compliance with those provisions.

Confidentiality duties and authorised disclosure: A strict confidentiality obligation prohibits using or disclosing information obtained by virtue of office or disclosure under the Act (s 67(1)). The Act imposes a $10,000 fine for breaching that provision (s 67(1)). Section 68 lists authorised circumstances in which use or disclosure is lawful (performing a function, under another law, to a court, under order, or as prescribed), and provides that such authorised disclosure attracts statutory immunity from civil or criminal liability and is not a breach of professional duties (s 68(1)-(2)).

Financial duties and entitlements: The Trust must credit receipts and charge payments to the Arts and Culture Trust Account (s 60(1)-(2)). Funds available for the Trust’s purposes are those lawfully received or made available (s 61(1)), and trust money accepted on special trust conditions must be applied accordingly (s 61(2)). The Trust may borrow or re‑borrow with the Treasurer’s prior approval (s 62), and the Treasurer may guarantee borrowings on the Minister’s recommendation, subject to security and charges fixed by the Treasurer (s 63-64). The Trust must notify the Minister if it forms the view it will be unable to meet financial obligations (s 65); the Minister must then consult the Treasurer and the Trust and may direct the Trust to cease or limit functions (s 65(3)-(4), cross‑ref s 55).

Rights to carry out commercial activities: The Trust has explicit statutory rights to charge fees for venue hire, admissions, parking, to provide and charge for ticketing and consultancy, and to exploit intellectual property and advertising (s 11(3)(i)-(m)). Those rights include express power to waive or reduce charges in particular cases (s 11(3)(n)).

Delegation and execution rights: The Trust may delegate powers or duties to Board members, staff or committees in writing (s 15(1)-(2)). The Act prescribes execution of documents by common seal or by authorised signatories, and creates presumptions of due execution (s 40(1)-(7)). Delegations cannot be sub‑delegated (s 15(3)).

Personnel rights: The CEO and staff have specified appointment procedures and entitlements. If the Trust is an SES organisation the CEO is appointed under the Public Sector Management Act (s 42-44). If not, the Act sets out term limits, remuneration mechanics and leave entitlements (s 46-51). Public service officers engaged by the Trust retain continuity of service and entitlements where applicable (s 49).

Transitional rights and continuations: The Act assigns assets, rights and liabilities of the Perth Theatre Trust to the Arts and Culture Trust (s 82(1)), preserves continuity in contracts by substituting the Arts and Culture Trust as party to existing agreements (s 92(2)), allows continuity of proceedings (s 82(2)) and treats prior reserves and management orders under the LA Act as continuing management under the Arts and Culture Trust (s 85).

Administrative penalty powers: The Governor can make regulations concerning venue operations and create offences punishable by fines up to $5,000 for contravention of regulations (s 70(2)-(3)). Specific monetary penalties for disclosure and interest disclosure failures are $10,000 (s 36; s 67).

Collectively, the Act sets positive entitlements to operate and commercialise venues, matched by duties of disclosure, financial reporting and obedience to ministerial directions, with explicit statutory remedies and monetary penalties to enforce select duties.

The Act sets out statutory penalties, enforcement mechanisms and administrative oversight tools addressing governance breaches, confidentiality, regulatory non‑compliance and financial distress.

Monetary penalties and offences

Disclosure and interest duties: A Board member or committee member who fails to disclose a material personal interest as required by s 36(1) or (2) faces a fine of $10,000 (s 36). The same penalty applies under the confidentiality offence (s 67(1)), which prohibits unauthorised use or disclosure of information obtained through office, position, employment or engagement under the Act.
Regulatory offences: The Governor may make regulations that create offences concerning the care, control and conduct at Trust venues. Contravention of a regulation may be punishable on conviction by a penalty not exceeding a fine of $5,000 (s 70(2)-(3)). Traffic and parking provisions made under s 71 are within this regulatory envelope and could attract similar penalties.

Enforcement and administrative remedies

Removal from office: The Minister may remove a Board member on grounds such as neglect of duty, misconduct, incompetence, mental or physical incapacity other than temporary illness, absence without leave from three consecutive meetings, or any other reasonable cause (s 20(5)). Similarly, the Trust may remove the CEO on analogous grounds (s 48(5)). Offices also become vacant on conviction of an offence punishable by imprisonment for more than 12 months or conviction of specified offences under this Act (s 20(1)(c); s 48(1)(c)-(d)).
Ministerial directions and compliance: The Minister may give written directions for performance of the Trust’s functions and the Trust must give effect to those directions (s 55(1)). Directions must be laid before Parliament (s 55(2)) and included in the Trust’s annual report (s 55(3)). Failure to comply with a ministerial direction is not expressly criminalised in the Act but the Trust has a statutory duty to follow directions and the Minister can exercise further steps, including directing cessation or limitation of functions where financial difficulty is reported (s 65(3)-(4)).
Ministerial access and information powers: The Minister can request information and access documents in the Trust’s possession and may require the use of staff members to obtain the information; the Trust must comply with such requests (s 57(3)-(4)). Section 58 provides protection from liability for disclosure made in compliance with these information requests, limiting certain enforcement exposures for those acting under direction.
Quorum and Minister intervention: If disqualifications under s 37 mean the Board cannot reach a quorum for a particular matter, s 39(2) permits the Minister to “deal with a matter” to the extent the Board cannot, creating a fallback administrative intervention mechanism.
Financial enforcement: The Trust must notify the Minister if it forms the opinion it cannot meet its financial obligations (s 65(1)-(2)). Following such a notice, the Minister must confer with the Treasurer and Trust and initiate action to ensure obligations can be met; the Minister may direct the Trust to cease or limit functions (s 65(3)-(4)). Borrowings require prior Treasurer approval (s 62) and guarantees by the Treasurer are subject to conditions and charges, which can create enforcement levers vis‑à‑vis the Trust (s 63(1)-(4); s 64).

Civil liability and immunities

Section 66 limits civil actions against persons (other than the Trust) who act in good faith in performing functions under the Act, stating that no action or claim for damages lies against such a person. However, this protection does not relieve the Trust or the State of any liability they might have (s 66(1)-(3)). Section 68 also immunises authorised disclosure from civil or criminal liability and states that authorised disclosure is not a breach of any duty of confidentiality or professional obligations (s 68(2)).

Legal process continuity provisions

The Act preserves parties’ rights to commence or continue proceedings against the Trust in its corporate name (s 7(3)) and ensures that proceedings and remedies available against the Perth Theatre Trust immediately before commencement day continue against the Arts and Culture Trust after commencement day (s 82(2)-(3)). This continuity affects enforcement in that prior contractual or statutory enforcement rights are preserved against the new statutory body.

Regulatory enforcement agents

Regulations may appoint authorised persons who have enforcement powers on Trust venues for traffic, parking and order (s 70(2)(k); s 71). The regulations can specify the circumstances in which vehicles may be removed, the fees for recovery and holding of vehicles, evidentiary provisions for speed measurement equipment, and powers to require names and addresses for suspected offences (s 71(3)(c)-(f)).

Practical enforcement consequences

Removal from office and fines create direct personal consequences for governance failures, particularly non‑disclosure and unauthorised disclosure of information. Ministerial powers to direct and step in where the Board cannot act provide administrative levers beyond criminal or civil penalties. Financial oversight via Treasurer approvals, guarantees and the requirement to notify financial difficulty supports early intervention in liquidity events. Regulatory offences and the potential to create authorised officers under regulations provide an on‑the‑ground enforcement apparatus for venue control and traffic management.

Overall, the Act blends civil remedies, monetary fines, administrative removal and ministerial oversight to enforce conduct, ensure financial probity and preserve public accountability of a Crown agent performing commercial and cultural functions.

The Act is expressly drafted to sit alongside and interact with a number of existing Western Australian statutes and regulatory schemes. Those interactions create appointment and employment regimes, financial accountability, land and reserve management continuities, taxation exemptions and transitional mechanics.

Public Sector Management Act 1994

The CEO’s appointment and status depend on the Trust’s classification under the Public Sector Management Act. While the Trust remains an SES organisation, the CEO is the SES chief executive officer under that Act (s 42(a)); if section 44(2) of the Public Sector Management Act applies, the CEO is the chief employee under that Act (s 42(b)). If the Trust becomes a non‑SES organisation, the CEO is to be its chief employee under that Act (s 43). Subdivision 2 (ss 45-51) applies specific tenure and remuneration arrangements if the Public Sector Management Act provisions in s 42(b) or s 43 apply (s 45).

Financial Management Act 2006 and Auditor General Act 2006

The Trust is subject to the financial administration, audit and reporting provisions of the Financial Management Act and the Auditor General Act that regulate statutory authorities (s 59). The Arts and Culture Trust Account must be an agency special purpose account under s 16 of the Financial Management Act (s 60(1)). The Minister’s directions must be included in the Trust’s annual report under the Financial Management Act (s 55(3)). These cross‑references impose public sector financial controls, budget processes and audit oversight on the Trust.

Land Administration Act 1997 (LA Act) and reserve management

The Trust’s dealings with Crown land and reserves are subject to the LA Act. Section 12(2) states that where real property is vested in or placed under the Trust’s care, control and management under a written law, the operation of the Trust’s powers in relation to that property is subject to any conditions of vesting and, where the land falls under the LA Act, to that Act. Transitional provisions treat Crown land that was a reserve managed by the Perth Theatre Trust as continuing reserves under the LA Act for the purposes of the Arts and Culture Trust, and effect necessary orders for change of purpose and management to be treated as if made under the LA Act (s 85(2)-(3)).

Duties Act 2008 and State tax law

Section 87 provides a broad exemption from State taxes (including duty under the Duties Act 2008) for anything occurring by operation of Part 7 (the transitional provisions) or done to give effect to that Part. The Minister may certify facts in writing and such certification is prima facie evidence of the matters certified (s 87(3)-(4)).

Transfer of Land Act 1893 and Registration of Deeds Act 1856

For registration of transferred titles and registration of documents arising from the transition of reserves and property, s 86 obliges relevant officials (Registrar of Titles, Registrar of Deeds and Transfers or other authorised registrars) to take notice of the Part and record and register documents necessary to give effect to the transfers.

Statutory Corporations (Liability of Directors) Act 1996 and State superannuation Acts

The Act makes consequential amendments to other statutes to re‑shape the statutory landscape for the new Trust, including removing references to the Perth Theatre Trust and adding the Arts and Culture Trust to relevant schedules (Pt 6 Div 2; ss 74-78). These consequential amendments change how directors’ liabilities and public sector superannuation transitional rights apply.

Criminal law and general offences

The Act’s confidentiality and disclosure provisions (ss 67-68) interact with other laws that authorise disclosure (for example, criminal proceedings, other statutory reporting obligations) by specifying authorised uses and immunities. Conviction of offences punishable by imprisonment for more than 12 months under any law affects eligibility to hold office as a Board member or CEO (s 20(1)(c); s 48(1)(c)). The Act does not create broad new criminal offences beyond the specified monetary penalties and delegated regulatory offences but interfaces with general criminal laws insofar as criminal convictions affect office.

Local government and council arrangements

Transitional savings preserve arrangements with the Council of the City of Perth previously entered into by the Perth Theatre Trust (s 92(1)(a)(b)). The Act permits the Trust to continue arrangements previously made under the repealed Act, treating the Arts and Culture Trust as the substitute party (s 92(2)).

Regulatory regimes for liquor, building, planning and safety

The Trust may obtain licences for provision of refreshments including liquor at Trust venues (s 11(3)(e)), and may carry out building works and development on Trust property (s 11(3)(b)). In so doing, the Trust will operate within the separate licensing, planning, building and health and safety statutory regimes that regulate those activities; the Act neither displaces nor exempts compliance with those other laws.

Intergovernmental cooperation and Commonwealth law

Section 11(7) contemplates the Trust acting in conjunction with persons, firms or public authorities including State and Commonwealth agencies, indicating potential contractual and cooperative interfaces with Commonwealth and interstate bodies without creating primacy or derogation of other laws.

In practice, the Act imports core public sector governance frameworks and financial accountability rules while carving out a statutory corporate vehicle empowered to operate commercially. Users and advisers should read the Act alongside the Public Sector Management Act, Financial Management Act and the LA Act for a complete compliance and operational picture.

The text provided is a compilation of the Arts and Culture Trust Act 2021 as enacted. The compilation table at the end of the instrument records the short title, number and dates of assent and commencement relevant to the original enactment. Specifically:

The Act is cited as the Arts and Culture Trust Act 2021 (No. 15 of 2021) and received Royal Assent on 9 September 2021 (compilation table).
Part 1 (other than ss 4 and 5) commenced on 9 September 2021 (s 2(a); compilation table).
The remainder of the Act (other than specified initial sections) commenced on a day fixed by proclamation; the compilation table records commencement for the Act, other than ss 1, 2, 3 and 6, as 1 July 2022 (s 2(b); SL 2022/77 cl. 2 noted in the compilation table).

Consequential amendments effected by the Act to other written laws are set out in Part 6. Those are:

Repeal of the Perth Theatre Trust Act 1979 and the Perth Theatre Trust (Common Seal) Regulations 1980 (s 73).
Amendment of the Constitution Acts Amendment Act 1899 to replace references to the Perth Theatre Trust with the Arts and Culture Trust in Schedule V Part 3 (s 74).
Amendment of the Financial Management Act 2006 Schedule 1 to substitute Arts and Culture Trust for Perth Theatre Trust (s 75).
Amendment of the Public Sector Management Act 1994 Schedule 2 to add the Arts and Culture Trust to relevant items and delete the Perth Theatre Trust item (s 76).
Deleting an item from the State Superannuation (Transitional and Consequential Provisions) Act 2000 (s 77).
Amendment of the Statutory Corporations (Liability of Directors) Act 1996 Schedule 1 to delete the Perth Theatre Trust entry (s 78).

Transitional and savings provisions in Part 7 specify operational continuity and protect existing legal relationships:

The Perth Theatre Trust is abolished on commencement day with trustees going out of office (s 81).
Assets, rights and liabilities of the Perth Theatre Trust are assigned to the Arts and Culture Trust (s 82), including bank account balances credited into the Arts and Culture Trust Account and continuation of investments (ss 83-84).
Crown reserves previously managed by Perth Theatre Trust are taken to be reserves under the LA Act for the purposes of the new Act and the Arts and Culture Trust becomes their management body (s 85).
Contracts, proceedings, business arrangements, staff appointments and declarations of theatres under the repealed Act continue in effect and are operated on as if the Arts and Culture Trust were the party (ss 90-94).
Transitional regulations may be made to deal with matters not sufficiently provided for in the Act (s 95), subject to savings protecting private parties from prejudicial retrospective effects (s 95(5); s 96).

No later amendments, amendments after the initial enactment, or subordinate instrument changes beyond the commencement proclamation are recorded in the material provided. The Act contemplates later regulations to operationalise venue management, fees and offences (s 70), and allows future ministerial and treasurer directions and exemptions (ss 13-14, s 55). Practitioners should consult the Western Australian Parliamentary or legislation databases for any post‑compilation amendments, regulations, or proclamations altering commencement dates, regulatory frameworks or consequential amendments since the compilation.

The Act text itself contains no references to judicial decisions, case law or litigation outcomes. It provides for legal processes and consequences that create potential triggers for litigation but does not record any cases. Relevant litigation concepts and pathways that arise under the Act’s mechanics are as follows, grounded in the statutory text.

Continuation of proceedings and remedies

The Act preserves the ability to bring or continue proceedings that were possible against the Perth Theatre Trust prior to commencement day by allowing such proceedings to be brought or continued by the Arts and Culture Trust after commencement day (s 82(2)). It also states that any remedies that were available against the Perth Theatre Trust immediately before commencement day remain available against the Arts and Culture Trust (s 82(3)). These provisions facilitate continuity of existing litigation, claims and enforcement actions and will be central to any litigated disputes that straddle the transitional date.

Legal personality and standing

The Trust is a body corporate and may sue and be sued in its corporate name (s 7(2)-(3)). That provides a clear locus standi for plaintiffs and defendants in civil disputes arising from contracts, torts, property, employment or statutory obligations.

Protections and immunities affecting litigation

Section 66 grants protection from civil claims against persons (other than the Trust) who have acted in good faith in the performance or purported performance of functions under the Act. That may narrow available causes of action against individuals, though the Act expressly preserves any liability that might attach to the Trust or the State itself (s 66(3)). Section 68 immunises authorised disclosures from civil or criminal liability and states that authorised disclosure must not be regarded as a breach of confidentiality duties. Those immunities will be relevant in litigation where disclosure or good‑faith acts are at issue.

Enforceability of statutory duties

The Board’s and committee members’ duties to disclose material personal interests and the prohibition on voting or presence while the matter is considered (s 36-37) create statutory obligations. Civil or administrative enforcement could arise from breaches (including the specified monetary fine), and decisions made by conflicted boards could also be the subject of judicial review or contract challenges where applicable. The Act specifies fines rather than criminal sanctions for non‑disclosure (s 36), and the text does not specify a private right of action for other statutory breaches, so the modes of enforcement may include administrative removal, fines, or proceedings under general law.

Financial and contractual disputes

The Trust’s power to enter business arrangements and contracts (s 11(3)(c), (f)) and to acquire and dispose of property (s 11(3)(a)) can give rise to contract litigation. The requirement for ministerial and treasurer approvals for certain transactions (s 12(3); s 13) may be central in disputes where execution of a transaction occurred without required approvals; remedies may include rescission or damages depending on context and whether approvals were conditions precedent.

Public law and judicial review

Ministerial directions under s 55 and ministerial decision‑making powers (for appointments, approvals and declarations under ss 4-5, 8, 12-14, 55) are subject to public law norms. Aggrieved persons or entities may seek judicial review of ministerial or administrative decisions for jurisdictional error, unlawful exercise of power or procedural unfairness, subject to standing rules and prudential limits.

Employment disputes and staff continuity

Transitional staff provisions (ss 88-89) preserve terms of employment and continuity of service. Employment disputes arising from the transition, alleged breaches of entitlements or termination claims could be litigated under industrial and employment laws, with the Act preserving many employment rights and continuity.

Regulatory enforcement and fines

Regulations under s 70 may create enforceable offences and penalties (up to $5,000). Decisions by authorised persons under traffic or venue regulations (s 71) regarding removal of vehicles or persons may generate administrative and judicial review challenges.

In the absence of recorded cases in the statutory text, the likely litigation pathways under the Act are those that arise routinely from corporate, contract, property, employment and administrative law: contract disputes with venue hirers or partners; challenges to ministerial approvals or directions; enforcement of fines under the Act or regulations; and disputes about the transitional allocation of assets, liabilities and staff transferred from the Perth Theatre Trust. The Act’s immunities and statutory fines will influence the shape and remedies available in such litigation.

The Act contains a number of statutory features and design choices that create practical pitfalls and implementation risks. These are factual, statutory mechanisms that parties must design around.

Approval gates for significant commercial activity

Several activities that would be natural commercial moves for a venue operator require prior executive approval. Acquisition or disposal of real property and authorisation to have a third party manage a Trust venue require the Minister’s written approval (s 12(3)(a)-(b)). Participation in business arrangements requires terms and conditions approved by both the Minister and the Treasurer unless the Treasurer issues an exemption (s 13(1)-(3)). Providing ticketing services for activities at non‑Trust venues requires the Minister’s written approval (s 14(1)). These gates mean timing risk and potential political or budgetary oversight for transactions that private sector operators would normally be able to implement without such approvals.

Concentration of ministerial and treasurer discretion

The Minister appoints all nine Board members and designates chair and deputy (s 17-18). The Minister also has direction powers that the Trust must follow and must lay those directions before Parliament (s 55). Coupled with the Treasurer’s influential role over business arrangement approvals and borrowing guarantees (ss 13, 62-63), a handful of executive decisions can materially constrain or enable the Trust’s commercial strategy. That concentration creates single‑point discretionary risks for deals and staffing.

Crown agent status plus public‑sector financial controls

The Trust is an agent of the Crown with Crown immunities (s 9) but is nonetheless subject to the Financial Management Act and audits by the Auditor General (s 59-60). The hybrid status means the Trust has commercial powers yet must observe public sector accounting, procurement and reporting regimes; practitioners should not assume a simple corporate governance model applies without overlaying public sector financial controls.

Conflicts and quorum mechanics

The statutory conflict regime is strict: disclosure of material personal interests must be made at a meeting and recorded; interested members cannot participate or be present (s 36-37). If disqualifications reduce the number of voting members, the quorum for that matter becomes four members who are entitled to vote (s 39(1)) despite the general quorum being five (s 26). If the Board cannot deal with a matter because of disqualifications, the Minister may deal with the matter (s 39(2)). In small Boards, multiple disqualifications can therefore hand decision power to the Minister and can stall urgent business.

Confidentiality and authorised disclosure

Section 67 imposes a $10,000 fine for unauthorised disclosure, but section 68 authorises disclosure in certain circumstances. The overlap creates a compliance burden: staff and Board members must ensure disclosures fit the limited statutory authorisations or are otherwise defensible under external laws. Failure to manage information flows carefully can expose individuals to the penalty.

Transition‑related legal continuity and tax carve‑outs

The transfer of the Perth Theatre Trust’s assets, liabilities and contracts is automatic (s 82; s 92), and s 87 provides a State tax exemption for things done by operation of Part 7 or to give effect to that Part. That exemption is broad but depends on certification by the Minister for evidentiary effect (s 87(3)-(4)). Parties accustomed to conventional conveyancing may be surprised by the statutory mechanics and by the Minister’s certification function.

Ticketing services and competition considerations

The Trust may provide ticketing services for activities at non‑Trust venues only with the Minister’s approval (s 14). While the Trust has explicit power to provide ticketing services generally (s 11(3)(l)), this approval requirement may limit the Trust’s ability to expand into broader ticketing markets without executive permission, potentially affecting competitive dynamics in local ticketing markets.

Borrowing and guarantee conditions

Borrowing and re‑borrowing require the Treasurer’s prior approval (s 62). The Treasurer’s guarantee of Trust borrowings sits in the public domain: guaranteed payments become a charge on the Consolidated Account if called (s 64(1)). The Treasurer may require security and impose charges payable to the Consolidated Account in respect of a guarantee (s 63(3)-(4)). Relying on guarantees without understanding the Treasurer’s likely security expectations and charge regime is risky for counterparties and the Trust.

Delegation limits and execution formalities

Delegations must be in writing and cannot be further delegated (s 15(1)-(3)). Execution of documents is constrained by the requirement to apply the common seal in the presence of two Board members unless signatures are authorised under the seal (s 40(2)-(6)). Operational teams must ensure correct formalities to avoid questions about authority and execution.

Potential for regulatory offences at venues

The Governor may make regulations that cover conduct at Trust venues, including prohibitions and penalties (s 70). The Act also contemplates detailed traffic regulations (s 71) with powers to remove vehicles and impose fees. Operators should not assume laissez‑faire management of venues; regulatory instruments can create criminal or quasi‑criminal liability arising from venue operations.

Ministerial access to documents and staff use

The Minister may request the Trust to provide information and documents, and may request the use of a staff member to obtain information and give it to the Minister; the Trust must comply (s 57(3)-(4)). This can place administrative burdens on staff and expose internal material to executive scrutiny.

Staff classification complexities

The CEO’s employment framework depends on the Trust’s classification under the Public Sector Management Act, creating potential complexities where organisational classification changes over time (s 42-44). Transitional staff are preserved under current terms (s 88-89), but future staff regimes require attention to public sector industrial and award obligations (s 52).

Taken together, these mechanisms create compliance, timing and governance risks that need active management through documented approvals, rigorous conflict registers and careful contracting to take account of required ministerial or treasurer consents.

Translating the Act’s mechanics into an operational compliance framework requires integrating ministerial approvals, financial reporting, governance practices and statutory formalities. The following is a practical checklist, anchored to specific provisions in the Act to implement dependable compliance.

Establish statutory accounts and financial controls
- Set up the Arts and Culture Trust Account as an agency special purpose account under the Financial Management Act (s 60(1)). Ensure all receipts and payments are channelled through that account (s 60(2)).
- Implement accounting, internal control and reporting systems to meet Financial Management Act and Auditor General Act requirements (s 59). Prepare for audits and annual reporting obligations, including inclusion of ministerial directions in the annual report (s 55(3)).
Governance documentation and Board processes
- Ensure all Board appointments meet the composition criteria in s 17; record instruments of appointment specifying terms up to four years (s 19).
- Maintain a publicly accessible (or internal) register of Board member appointments, terms, remuneration set on Public Sector Commissioner recommendation and any leave/alternate appointments (s 23-24).
- Adopt formal Board procedures for meetings (s 25-31), minute‑taking standards (s 33; s 34(6)(a)), quorum verification (s 26, s 39(1) for disqualifications) and signing of resolutions in writing when used (s 31).
Conflict of interest regime
- Implement a material personal interest disclosure process consistent with s 36-38. Require disclosure at the earliest point in a meeting, record the disclosure in minutes (s 36(4)), and establish mechanisms to exclude interested members from deliberations and voting (s 37).
- Train Board and committee members on the $10,000 penalty for non‑disclosure (s 36) and the procedure for the Board to declare section 37 inapplicable where appropriate (s 38).
Delegation and execution of documents
- Record all delegations in writing as required by s 15(2). Design delegations to named Board members, staff members or committees and note that delegates cannot sub‑delegate (s 15(3)).
- Authorise signatories under the Trust’s common seal per s 40(5) and maintain protocols for applying the common seal in the presence of two Board members and attestation signatures (s 40(3)-(4)). Keep execution records to preserve the presumption of due execution (s 40(6)-(7)).
Ministerial and Treasurer approvals
- Identify categories of transactions requiring Minister or Treasurer consent: real property acquisition/disposal and appointment of third‑party venue management (Minister approval s 12(3)); business arrangements (Minister and Treasurer approval for terms s 13(1); Treasurer may exempt under s 13(2)); ticketing services for activities not at Trust venues (Minister approval s 14(1)).
- Build approval timelines into commercial planning; prepare standard submissions addressing strategic, financial and risk matters for Minister/Treasurer consideration, and track any exemptions or directions issued (s 13(2)-(4); s 14(2)-(4)).
Reporting and information access
- Implement procedures to comply promptly with Ministerial information requests and document transfer of documents and copies as per s 57(2)-(4). Maintain records demonstrating compliance with ministerial directions and timely presentation of those directions in the Trust’s annual report (s 55(2)-(3)).
- Prepare for the Minister’s entitlement to use staff to obtain information (s 57(3)(c)) by organising staff availability or secondment arrangements.
Financial distress and borrowing protocols
- Monitor liquidity and covenant compliance, and implement an early warning trigger that requires the Trust to notify the Minister if it forms the opinion it cannot meet financial obligations (s 65(1)-(2)). Define internal escalation procedures to enable the Minister/Treasurer consultations within seven days as required (s 65(3)).
- For borrowing, map approvals needed from the Treasurer under s 62 and prepare required security instruments and other documents for any guarantee under s 63.
Tickets, fees and venue operations
- Implement pricing and fee schedules consistent with the Trust’s powers to fix and waive fees (s 11(3)(m)-(n)). Where the Trust intends to offer ticketing services outside Trust venues, secure Ministerial approval or exemption (s 14).
- If the Governor makes regulations under s 70, ensure venue policies, signage and operational practices comply with regulations regarding conduct, noise, pyrotechnics, opening hours and authorized persons (s 70(2)(a)-(k); s 71 for traffic).
Confidentiality and authorised disclosure
- Create a confidentiality policy referencing s 67 and s 68 delineating authorised disclosure routes (performing a function, court orders, other law) and documenting consent procedures.
- Train staff and Board on authorised disclosure immunities (s 68(1)-(2)) and the $10,000 penalty risk for breaches (s 67(1)).
Staff and industrial relations
- For public service officers engaged under the Public Sector Management Act, ensure compliance with Part 3 appointment processes (s 52(1)). For staff employed otherwise, comply with applicable awards and industrial agreements (s 52(2)-(3)). Maintain records preserving continuity provisions for staff transferred from the Perth Theatre Trust (s 88-89).
Transitional and contract continuity
- Review all contracts, leases, licences and instruments previously held by the Perth Theatre Trust. Note the statutory substitution of the Arts and Culture Trust as contracting party (s 92(2)) and the tax exemption for actions taken to effect the transition (s 87). Update counterparties and registers to reflect the substituted party and ensure any required consents under contract terms are obtained if necessary.
Insurance and risk management
- Although the Act provides some protections for persons acting in good faith (s 66), the Trust should maintain appropriate liability, property and director/officer insurance to cover gaps not covered by statute, and coordinate with the State Solicitor’s Office where Crown immunities or guarantees arise.
Recordkeeping and minute‑keeping
- Maintain accurate minutes for Board and committee meetings (s 33; s 34(6)(a)), record disclosures of interests (s 36(4)), and preserve evidence of compliance with ministerial directions, Treasurer approvals, and regulatory requirements.
Review and statutory reporting
- Prepare for statutory reviews of the Act’s operation by the Minister at the five‑year mark and subsequently at intervals not exceeding ten years (s 72). Ensure the Trust gathers metrics and records enabling an assessment of effectiveness, financial performance and the need for continuation of functions.

This checklist is designed to align operational policies and corporate controls to statutory obligations in the Act. Implementation should be backed by legal review where approvals, guarantor terms and property transfers are involved, and by regular internal audits to confirm continued alignment with ministerial and financial reporting duties.

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