An Act to provide for a Council for purposes connected with the support and promotion of the arts, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Australia Council Act 2013.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>27</span><span> </span><span>June 2013</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 52</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2013</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2013L01254)</span></p></td></tr></tbody></table>
Division Division 3 - Australia Council Act 2013 - Procedures of the Board | Zoe
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Simplified outline
The following is a simplified outline of this Act:
This Act continues the existence of the Australia Council established by the Australia Council Act 1975. The Council has functions relating to supporting and promoting the arts.
Part 1 deals with introductory matters and the constitutional basis for the Act.
Part 2 provides for the Council to continue in existence under this Act. It also sets out the functions and powers of the Council.
Part 3 deals with the establishment, membership and procedures of the Board of the Council.
Part 4 provides for the Board to establish committees to advise and assist the Board and the Council.
Part 5 deals with the Chief Executive Officer and the staff of the Council.
Part 6 deals with corporate plans.
Part 7 deals with financial matters.
Part 8 deals with miscellaneous matters.
4 Definitions
In this Act:
Aboriginal and Torres Strait Islander arts practice means the creation or performance, wholly or partly by artists who are Aboriginal persons or Torres Strait Islanders, of arts.
appointed Board member means a Board member other than the CEO.
arts means the creation or performance of works of interpretative expression through any medium.
Australian artist means an artist who is an Australian citizen or an Australian resident.
Australian arts practice means the creation or performance, wholly or partly by Australian artists, of arts.
Australian resident means an individual who resides in Australia and is the holder (within the meaning of the Migration Act 1958) of a permanent visa (within the meaning of that Act).
Board means the Board of the Council.
Board member means a member of the Board, and includes the Chair, the Deputy Chair and the CEO.
CEO means the Chief Executive Officer of the Council.
Chair means the Chair of the Board.
committee means a committee established under section 31.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
Council means the body corporate continued in existence by section 7 under the name the Australia Council.
Deputy Chair means the Deputy Chair of the Board.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
rules means rules made by the Minister under section 52.
5 Extended geographic application of this Act
(1) This Act extends to every external Territory.
(2) Subject to subsection (3), this Act applies both within and outside Australia.
(3) The Council may only perform its functions or exercise its powers outside Australia if it does so for the benefit of Australia or Australians.
6 Constitutional limits
(1) The Council may perform its functions only in accordance with this section.
Main constitutional basis
(2) The Council may perform its functions with respect to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.
Other constitutional bases
(3) In addition, the Council may perform its functions with respect to:
(a) activities that assist a corporation to which paragraph 51(xx) of the Constitution applies in the performance or development of its activities, functions, relationships or business; or
(b) trade and commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2 Territories; or
(c) statistics; or
(d) external affairs, including:
(i) giving effect to any international agreement to which Australia is a party; and
(ii) by way of the performance of its functions in a place outside Australia; or
(e) a Territory, including in a Territory; or
(f) copyrights, patents of inventions and designs, and trade marks; or
(g) support for Aboriginal and Torres Strait Islander arts practice; or
(h) a postal, telegraphic, telephonic, or other like service; or
(i) the provision of benefits to students; or
(j) the executive power of the Commonwealth; or
(k) matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
Meaning of terms
(4) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.
6A Provision of financial assistance to constitutional corporations
Applications
(1) A constitutional corporation may apply to the Council for financial assistance.
(2) The Council must consider an application made under subsection (1) within a reasonable period after the application is made.
(3) The Council may provide financial assistance in the performance of its functions to a constitutional corporation only if the corporation has applied to the Council for the assistance under subsection (1).
Terms and conditions
(4) If the Council decides to provide financial assistance to a constitutional corporation:
(a) the terms and conditions on which the assistance is to be provided must be set out in a written agreement between the Council and the corporation; and
(b) the corporation must comply with the terms and conditions.
(5) Without limiting subsection (4), the terms and conditions must provide for the circumstances in which the corporation must repay amounts of financial assistance or any other amounts to the Council.
(6) An amount payable to the Council under the agreement:
(a) is a debt due to the Council; and
(b) may be recovered by the Council in a court of competent jurisdiction.
Part 2—The Australia Council
7 Establishment
(1) This section applies to the body corporate that was established by section 4 of the Australia Council Act 1975 (as in force before the commencement of this section).
(2) That body corporate continues in existence by force of this section as a body corporate, under and subject to the provisions of this Act, under the name the Australia Council.
(3) The Council may conduct its operations under its full name or under the name “Creative Australia”.
8 Constitution of the Council
(1) The Council:
(a) is a body corporate; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Council. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The Council’s seal is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.
9 Functions
(1) The Council has the following functions:
(a) to support Australian arts practice that is recognised for excellence;
(b) to foster excellence in Australian arts practice by supporting a diverse range of activities;
(ba) to support Aboriginal and Torres Strait Islander arts practice;
(bb) to support Australian arts practice that reflects the diversity of Australia;
(bc) to uphold and promote freedom of expression in the arts;
(bd) to promote community participation in the arts;
(c) to recognise and reward significant contributions made by artists and other persons to the arts in Australia;
(d) to promote the appreciation, knowledge and understanding of the arts;
(e) to support and promote the development of markets and audiences for the arts;
(ea) to encourage, facilitate and recognise public sector, private sector, philanthropic and commercial support for, and investment in, the arts;
(eb) to promote fair, safe and respectful workplaces for Australian artists and persons working in organisations that engage in, or support, Australian arts practice;
(ec) to provide information, advice, training and mentoring on matters connected with the arts or the performance of the Council’s functions;
(f) to provide information and advice to the Commonwealth Government on matters connected with the arts or the performance of the Council’s functions;
(g) to conduct and commission research into, and publish information about, the arts, and support for, and investment in, the arts;
(h) to evaluate, and publish information about, the impact of the support the Council provides;
(i) to undertake any other function conferred on it by this Act or any other law of the Commonwealth;
(j) to do anything incidental or conducive to the performance of any of the above functions.
Council may charge fees
(2) The Council may charge fees for things done in performing its functions.
Council may cooperate with others
(3) The Council may perform its functions alone or together with other persons.
10 Powers
(1) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) The Council’s powers include, but are not limited to, the following powers:
(a) the power to enter into contracts;
(b) the power to erect buildings;
(c) the power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Council;
(d) the power to acquire, hold and dispose of real or personal property;
(e) the power to accept gifts, devises, bequests and assignments (whether on trust or otherwise);
(f) the power to act as trustee of money or other property vested in the Council on trust;
(g) the power to provide financial assistance (whether by way of loan, grant, investment, award or otherwise and whether on commercial terms or otherwise);
(h) the power to provide guarantees;
(i) the power to commission or sponsor arts projects or other activities;
(j) the power to provide or administer services, facilities, programs or equipment;
(k) the power to do anything incidental to any of its powers.
(3) Despite anything contained in this Act, any money or other property held by the Council on trust, or accepted by the Council subject to a condition, must be dealt with in accordance with the obligations of the Council as trustee of the trust, or as the person who has accepted the money or other property subject to the condition.
11 Matters to be taken into account by Council
The Council must, in the performance of its functions and the exercise of its powers, have regard to:
(a) the policies of the Australian Government in relation to the arts; and
(c) any matters specified in directions given under subsection 12(1).
12 Ministerial directions
(1) The Minister may, by legislative instrument, give directions to the Board:
(a) in relation to the performance of functions, and the exercise of powers, of the Council; or
(b) requiring the provision of a report or advice on a matter that relates to any of the Council’s functions or powers.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to a direction—see regulations made for the purposes of paragraph 44(2)(b) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to a direction—see regulations made for the purposes of paragraph 54(2)(b) of that Act.
(2) The Minister must not give a direction in relation to the making of a decision by the Council, in a particular case, relating to the provision of support (including by the provision of financial assistance or a guarantee).
(3) The Board must ensure that any direction given by the Minister under subsection (1) is complied with.
(4) This section does not limit the operation of section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed).
13 Council does not have privileges and immunities of the Crown
The Council does not have the privileges and immunities of the Crown in right of the Commonwealth.
Part 3—The Board of the Australia Council
Division 1—The Board
14 Establishment
The Board of the Council is established by this section.
15 Role
(1) The Board is responsible for ensuring the proper and efficient performance of the Council’s functions.
(2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its duties.
(3) Anything done in the name of, or on behalf of, the Council by the Board, or with the authority of the Board, is taken to have been done by the Council.
(4) If a function or power of the Council is dependent on the opinion, belief or state of mind of the Council in relation to a matter, the function or power may be performed or exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.
16 Membership
(1) The Board consists of the following members:
(a) the Chair of the Board;
(b) the Deputy Chair of the Board;
(c) the CEO;
(d) not fewer than 5, and not more than 9, other members.
(2) The performance of the functions, or the exercise of the powers, of the Board is not affected by reason only of the number of Board members falling below 8 (but not below 6) for a period of not more than 6 months.
Division 2—Terms and conditions of appointed Board members
17 Appointment of Board members
(1) The appointed Board members are to be appointed by the Minister by written instrument.
Note: The appointed Board members are the Board members other than the CEO (see section 4).
(2) The Minister must consult the Chair before appointing an appointed Board member other than the Chair.
(3) A person must not be appointed as an appointed Board member unless the Minister is satisfied that the person has appropriate qualifications, knowledge, skills or experience.
(4) In making appointments, the Minister must have regard to the desirability of the Board including members who have skills, experience or involvement in the arts.
(5) An appointed Board member holds office on a part‑time basis.
(6) An appointed Board member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.
(7) A person must not be appointed as an appointed Board member for a period if the sum of the following exceeds 9 years:
(a) that period;
(b) any periods of previous appointment of the person as an appointed Board member.
18 Acting Board members
Acting by operation of law
(1) The Deputy Chair is to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
Acting appointments
(2) The Minister may, by written instrument, appoint an appointed Board member to act as the Deputy Chair:
(a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Deputy Chair:
(i) is acting as the Chair; or
(ii) is absent from duty; or
(iii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(3) The Minister may, by written instrument, appoint a person to act as an appointed Board member (other than the Chair or the Deputy Chair):
(a) during a vacancy in the office of an appointed Board member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when an appointed Board member:
(i) is acting as the Deputy Chair; or
(ii) is absent from duty; or
(iii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Qualifications etc. of acting Board members
(4) Subsections 17(3) and (4) apply to an appointment under this section in the same way as they apply to an appointment under section 17.
19 Remuneration
(1) An appointed Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.
(2) An appointed Board member is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
20 Leave
(1) The Minister may grant the Chair leave of absence on the terms and conditions that the Minister determines.
(2) The Chair may grant leave of absence to any other appointed Board member on the terms and conditions that the Chair determines.
(3) The Chair must notify the Minister if the Chair grants an appointed Board member leave of absence for a period that exceeds 6 months.
21 Resignation
(1) An appointed Board member may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
22 Termination
(1) The Minister may terminate the appointment of an appointed Board member:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Minister must terminate the appointment of an appointed Board member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(c) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.
Note: The appointment of an appointed Board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
23 Other terms and conditions
An appointed Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Division 3—Procedures of the Board
24 Convening of meetings
(1) The Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.
(2) The Chair must convene at least 4 meetings of the Board each calendar year.
(3) The Chair must convene a meeting of the Board if directed to do so by the Minister.
(4) The Chair must, on receipt of a written request signed by a majority of the current appointed Board members, convene a meeting of the Board.
(5) If a direction or request under subsection (3) or (4) is in writing, the direction or request is not a legislative instrument.
25 Quorum
(1) The quorum for a meeting of the Board is a majority of the current appointed Board members.
(2) However, if:
(a) an appointed Board member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and
(b) when the appointed Board member leaves the meeting concerned there is no longer a quorum present;
then those remaining appointed Board members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.
26 Presiding at meetings
(1) The Chair must preside at all meetings of the Board at which he or she is present.
(2) If the Chair is not present at a meeting of the Board, the Deputy Chair, if present, must preside at the meeting.
(3) If neither the Chair nor the Deputy Chair is present at a meeting of the Board, the appointed Board members present must elect one of their number to preside at the meeting.
27 Voting at meetings
(1) At a meeting of the Board, a question is decided by a majority of the votes of appointed Board members present and voting.
(2) The Board member presiding at the meeting has:
(a) a deliberative vote; and
(b) in the event of an equality of votes, a casting vote.
28 Minutes
The Board must keep minutes of its meetings.
29 Conduct of meetings
Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the conduct of its meetings as it thinks fit.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Board members may participate in meetings.
30 Decisions without meetings
(1) The Board is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the current appointed Board members entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and
(c) all the current appointed Board members were informed of the proposed decision, or reasonable efforts were made to inform all the current appointed Board members of the proposed decision.
(2) Subsection (1) does not apply unless the Board:
(a) has determined that it may make decisions of that kind without meeting; and
(b) has determined the method by which appointed Board members are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), an appointed Board member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.
(4) The Board must keep a record of decisions made in accordance with this section.
Part 4—Committees
31 Committees
(1) The Board may establish committees to advise or assist in the performance of the Council’s functions or the Board’s functions.
(1A) If the terms of reference of a committee include providing advice, or making recommendations, about policy, or the provision of financial assistance or guarantees, in relation to the arts (or any of the arts), the Board must ensure that the members of the committee include at least one person who has relevant experience in the arts.
(2) A committee may be constituted:
(a) wholly by Board members; or
(b) wholly by persons who are not Board members; or
(c) partly by Board members and partly by other persons.
(3) The Board may determine, in relation to a committee established under this section:
(a) the committee’s terms of reference; and
(b) the terms and conditions of appointment of the members of the committee; and
(c) the procedures to be followed by the committee.
(4) The Board may give directions to a committee in relation to the advice or assistance that the committee is to provide to the Board. The committee must comply with those directions.
(5) If a direction given to a committee under subsection (4) is in writing, the direction is not a legislative instrument.
32 Remuneration and allowances
(1) This section applies if a committee is established under section 31.
(2) A committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.
(3) A committee member is to be paid the allowances that are prescribed by the rules.
(4) This section has effect subject to the Remuneration Tribunal Act 1973.
Part 5—CEO, staff and consultants
Division 1—Chief Executive Officer
33 Establishment
There is to be a Chief Executive Officer of the Council.
34 Role
(1) The CEO is responsible for the day‑to‑day administration of the Council.
Note: The CEO is also a member of the Board (see section 16), but is not entitled to vote at meetings of the Board (see section 27 and the definition of appointed Board member in section 4).
(2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.
(3) The CEO is to act in accordance with any policies determined, and any directions given, by the Board.
(4) All acts and things done in the name of, or on behalf of, the Council by the CEO, or with the authority of the CEO, are taken to have been done by the Council.
(5) If a function or power of the Council is dependent on the opinion, belief or state of mind of the Council in relation to a matter, the function or power may be performed or exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.
(6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.
35 Appointment
(1) The CEO is to be appointed by the Board after consultation with the Minister.
(2) An appointment is to be by written instrument.
(3) The CEO holds office on a full‑time basis.
(4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.
36 Acting CEO
The Board may, after consultation with the Minister, appoint a person to act as the CEO:
(a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
37 Other employment
(1) The CEO must not engage in paid employment outside the duties of the CEO’s office without the Chair’s approval.
(2) The Chair must notify the Minister of any approval given under subsection (1).
38 Remuneration
(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the rules.
(2) The CEO is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
39 Leave
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.
(3) The Chair must notify the Minister if the Chair grants the CEO leave for a period that exceeds one month.
40 Resignation
(1) The CEO may resign his or her appointment by giving the Chair a written resignation.
(2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.
(3) If the CEO resigns under this section, the Chair must notify the Minister of the resignation.
41 Termination
(1) The Board may terminate the appointment of the CEO:
(a) for misbehaviour; or
(b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity; or
(c) if the Board is satisfied that the performance of the CEO has been unsatisfactory for a significant period; or
(d) if the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(e) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(g) if the CEO engages, except with the Chair’s approval, in paid employment outside the duties of his or her office.
Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
(2) If the Board terminates the appointment of the CEO, the Board must notify the Minister of the termination.
42 Other terms and conditions
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.
Division 2—Staff and consultants
43 Staff
(1) The Council may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.
(2) An employee is to be employed on the terms and conditions that the Council determines in writing.
44 Consultants
The Council may engage consultants to assist in the performance of its functions.
Part 6—Planning
45 Corporate Plan
(1) A corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include details of the following:
(a) the investment and financing programs of the Council, including strategies for managing financial risk;
(b) the financial targets and projections for the Council;
(c) an analysis of factors likely to affect achievement of targets or create significant financial risk for the Council or for the Commonwealth;
(d) a review of the Council’s performance since the start of the year previous to the year in which the plan is prepared, measured against the most recent plan for any part of that period;
(e) such other matters (if any) as the Minister directs.
(2) The Board must give a copy of the plan to the Minister, before the start of the period covered by the plan, for the Minister’s approval.
(3) If the Board varies the plan, the Board must give a copy of the variation to the Minister for the Minister’s approval.
(4) The plan, or a variation of the plan, does not take effect unless the Minister approves it.
Part 7—Finance
46 Money payable to the Council
(1) There is payable to the Council such money as is appropriated by the Parliament for the purposes of the Council.
(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Council.
(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
47 Application of money by the Council
(1) The money of the Council is to be applied only:
(a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the Council in the performance of its functions and the exercise of its powers; and
(b) in payment of any remuneration or allowances payable under this Act.
Note: Subsection (1) is subject to subsection 10(3) (which deals with property held by the Council on trust, or accepted by the Council subject to a condition).
(2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Council.
48 Restrictions on financial transactions
(1) The Council must not, without the written approval of the Minister:
(a) acquire any property, right or privilege for a consideration exceeding in amount or value the amount prescribed by the rules for the purposes of this paragraph; or
(b) dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the rules for the purposes of this paragraph; or
(c) enter into a contract for the construction of a building for the Council, being a contract under which the Council is to pay an amount exceeding the amount prescribed by the rules for the purposes of this paragraph; or
(d) enter into a lease of land for a period exceeding 10 years.
(2) Paragraphs (1)(a) and (b) do not apply to transactions in the course of the exercise of the Council’s powers under paragraph 10(2)(g) or (h).
(3) The Council must not borrow money from any person.
(4) Nothing in subsection (3) affects the Corporation’s ability to obtain goods or services on credit in accordance with section 57 of the Public Governance, Performance and Accountability Act 2013 (which deals with borrowing by corporate Commonwealth entities).
(5) An approval under subsection (1) is not a legislative instrument.
49 Investment
(1) The Council may invest money, under paragraph 10(2)(g), in the course of the direct performance of its functions.
Note: Paragraph 10(2)(g) gives the Council power to make investments, but only as a means of providing financial assistance. It does not give the Council a general power to make investments.
(2) Subsection (1) applies in addition to investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Council.
50 Taxation
The Council is not subject to taxation under any law of the Commonwealth or of a State or Territory.
Note: Despite this section, the Council may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).
Part 8—Other matters
51 Extra reporting requirements
(1) The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:
(a) the text of any directions given during that period under subsection 12(1) or 24(3) or paragraph 45(1)(e); and
(b) details of any guarantees given by the Council during that period.
(2) The Minister must cause any report or financial statements that the Board gives the Minister under paragraph 19(1)(b) of the Public Governance, Performance and Accountability Act 2013 to be tabled in each House of the Parliament as soon as practicable.
52 Rules
The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.