The Act creates the Australian Sports Commission as a corporate Commonwealth body to lead national sport—boosting participation, high performance, coaching, facilities and international cooperation. It gives the Commission commercial and operational powers, funding routes (parliamentary appropriation, fees, sponsorship and a fundraising Foundation), governance and reporting requirements, and ministerial and finance oversight. It affects athletes, sporting bodies, private sponsors and taxpayers by centralising program delivery, facility management and funding decisions under statutory accountability.
This Act establishes the Australian Sports Commission as a corporate Commonwealth body to plan, promote, coordinate and support sport in Australia, and to operate an Australian Institute of Sport for elite‑performance functions (sections 5, 6 and 9). Mechanically, it creates a statutory body with corporate status, a common seal and capacity to sue and be sued (s 5). It sets out the Commission’s objects (s 6), a catalogue of functions (s 7) and a broad power clause to enable implementation of those functions, including entering contracts, holding property, seeking sponsorship, charging fees and commercialising marks and goods (s 8). The Commission is expressly enabled to raise funds through the Australian Sports Foundation (s 7(1)(m); s 10), and the Act prescribes how those funds are to be managed and reported (ss 45, 48, 52).
Who pays: Parliament appropriates money to the Commission (s 43), the Finance Minister may set timing of payments (s 43(2)), and the Commission may raise money via the Australian Sports Foundation or other means (s 7(1)(m), s 10). The Commission may charge reasonable fees for access to resources, programs and events (s 8(2)). The Commission may not borrow except by loan from the Commonwealth brokered by the Finance Minister (s 46), but it is permitted to obtain goods or services on credit by credit card notwithstanding the borrowing restriction (s 8(1)(ma)).
Who decides: The Minister appoints the Chairperson, Deputy Chairperson, Secretary of the Department (ex officio member) and between 5 and 10 other members (s 13). The Minister may give written directions on policies and practices to be followed by the Commission and the Commission must comply, subject to procedural requirements before directions are given and publication and parliamentary tabling afterwards (s 11). The Commission sets corporate and operational plans but those plans require Ministerial approval and parliamentary tabling in specified circumstances (ss 23, 26). Operationally, the Commission appoints an Executive Director and a Director for the Institute and delegates day‑to‑day management to them (ss 28-31). Delegation rules are set out (ss 54-56).
Current sections
Direct links to the current provisions in Australian Sports Commission Act 1989.
62
Part I
Preliminary
Part I—Preliminary
1
Short title
1 Short title
This Act may be cited as the Australian Sports Commission Act 1989.
2
Commencement
2 Commencement
This Act commences on a day to be fixed by Proclamation.
3
Interpretation
3 Interpretation
In this Act, unless the contrary intention appears:
appointed member means a member other than the Secretary of the Department.
Australia includes the external Territories.
Australian Sports Foundation means the company referred to in section 10.
Chairperson means the Chairperson of the Commission.
Commission means the Australian Sports Commission established by this Act.
Deputy Chairperson means the Deputy Chairperson of the Commission.
Director means the Director of the Institute.
Executive Director means the Executive Director of the Commission.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Institute means the Australian Institute of Sport referred to in section 9.
member means a member of the Commission and includes the Chairperson and the Deputy Chairperson.
4
Extension to external Territories
4 Extension to external Territories
This Act extends to all external Territories.
Part II
Establishment, objects, functions and powers of the Commission
Part II—Establishment, objects, functions and powers of the Commission
5
Establishment
5 Establishment
(1) There is established by this Act a Commission by the name of the Australian Sports Commission.
(2) The Commission:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal; and
(c) may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(3) All courts, judges and persons acting judicially shall take notice of the imprint of the common seal of the Commission appearing on a document and shall presume that the document was duly sealed.
6
Objects
6 Objects
(1) The objects of the establishment of the Commission are:
(a) to provide leadership in the development of sport in Australia;
(b) to encourage increased participation and improved performance by Australians in sport;
(c) to provide resources, services and facilities to enable Australians to pursue and achieve excellence in sport while also furthering their educational and vocational skills and other aspects of their personal development;
(d) to improve the sporting abilities of Australians generally through the improvement of the standard of sports coaches;
(e) to foster co‑operation in sport between Australia and other countries through the provision of access to resources, services and facilities related to sport; and
(f) to encourage the private sector to contribute to the funding of sport to supplement assistance by the Commonwealth.
(2) In this section, a reference to Australians includes a reference to persons who are ordinarily resident in Australia.
7
Functions
7 Functions
(1) The functions of the Commission are:
(a) to advise the Minister in relation to the development of sport;
(b) to co‑ordinate activities in Australia for the development of sport;
(c) to develop and implement programs that promote equality of access to, and participation in, sport by all Australians;
(d) to develop and implement programs for the recognition and development of:
(i) persons who excel, or who have the potential to excel, in sport; and
(ii) persons who have achieved, or who have the potential to achieve, standards of excellence as sports coaches, umpires, referees or officials essential to the conduct of sport;
(e) to initiate, encourage and facilitate research and development in relation to sport;
(f) to undertake research and development related to sports science and sports medicine;
(g) to provide sports medicine services and sports science services to persons participating in programs of the Commission;
(h) to establish, manage, develop and maintain facilities for the purposes of the Commission;
(j) to collect and distribute information, and provide advice, on matters related to the activities of the Commission;
(k) for the purpose of fostering co‑operation in sport between Australia and other countries, to provide access to persons from other countries to the resources, services and facilities of the Commission;
(m) to raise money through the Australian Sports Foundation, or by other means, for the purposes of the Commission;
(n) to administer and expend money appropriated by the Parliament, or raised in accordance with paragraph (m), for the purposes of the Commission;
(p) to consult and co‑operate with appropriate authorities of the Commonwealth, of the States and of the Territories, and with other persons, associations and organisations, on matters related to the activities of the Commission; and
(q) to provide advice on matters related to sport to the Australian Olympic Federation or other persons, bodies or associations; and
(r) to co‑operate with national and international sporting organisations in aiming to foster a sporting environment that is free from the unsanctioned use of performance enhancing drugs and doping methods.
(2) The functions of the Commission may be performed within or outside Australia.
(3) The Commission may perform any of its functions in co‑operation with a State or Territory or any person, association or organisation.
(4) Subject to subsection (4A) and section 11, the function of the Commission under paragraph (1)(q) may be performed at the discretion of the Commission.
(4A) The functions of the Commission may only be performed to the extent that they do not overlap any of the functions of the Chief Executive Officer of Sport Integrity Australia.
(5) The Commission may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:
(a) by way of expenditure of money that is available for the purposes of the Commission in accordance with an appropriation made by the Parliament;
(b) for purposes related to the collection of statistics;
(c) for purposes related to external affairs; and
(d) for purposes in relation to a Territory.
(6) In this section, Australian Olympic Federation means the Australian Olympic Federation Incorporated, being an association incorporated on 24 April 1985 under the Associations Incorporation Act 1985 of Victoria.
8
Powers
8 Powers
(1) The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may:
(a) enter into contracts; and
(b) acquire, hold and dispose of real or personal property; and
(c) occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Commission; and
(d) make grants or lend money, and provide scholarships or like benefits; and
(e) appoint agents and attorneys, and act as an agent for other persons; and
(f) engage persons to perform services for the Commission; and
(g) accept gifts, grants, bequests and devises made to the Commission (whether on trust or otherwise) and act as trustee of money or other property vested in the Commission on trust; and
(h) erect buildings and structures and carry out works; and
(j) obtain commercial sponsorship for the Commission and participate in marketing arrangements involving the endorsement by the Commission of products and services associated with sport; and
(k) arrange for the manufacture of, and distribute (whether by way of sale or otherwise), any article or thing bearing a mark, symbol or writing that is associated with the Commission; and
(m) provide (whether by sale or otherwise) goods and services to persons using, or otherwise attending at, facilities of the Commission; and
(ma) despite subsection 46(2), obtain goods or services on credit from any person by the use of a credit card; and
(n) do anything incidental to any of its powers.
(2) The Commission may charge such fees, or impose such charges, as are reasonable in respect of:
(a) access to, or use of, any of the resources or facilities of the Commission;
(b) the provision of programs, services, information or advice by the Commission; and
(c) the admission of persons to events and activities conducted by the Commission.
(3) The powers of the Commission may be exercised within or outside Australia.
9
Commission to operate under the name Australian Institute of Sport when performing certain functions
9 Commission to operate under the name Australian Institute of Sport when performing certain functions
The Commission shall, in connection with the performance of:
(a) its functions under paragraphs 7(1)(d), (f), (g) and (h); and
(b) such other of its functions (if any) as it considers appropriate;
operate under the name “Australian Institute of Sport”.
10
Australian Sports Foundation
10 Australian Sports Foundation
(1) As soon as practicable after the commencement of this Act, the Commission shall arrange for the name of the company known as the “Australian Sports Aid Foundation” (being the company that was incorporated in the Australian Capital Territory on 18 February 1986 under the Companies Act 1981 for the purpose of section 8 of the Australian Sports Commission Act 1985) to be changed to the “Australian Sports Foundation”.
(2) After the change of name of the company in accordance with subsection (1) the company is not authorised to change its name.
(3) The purpose of the company is to raise money for the development of sport in Australia.
(4) Except to the extent necessary for the performance of its functions in relation to the Commission, the company is not empowered to do anything that the Commission is not empowered to do.
11
Minister may give directions
11 Minister may give directions
(1) Subject to subsection (2), the Minister may give written directions to the Commission with respect to the policies and practices to be followed by the Commission in the performance of its functions, and the exercise of its powers, and the Commission shall comply with the directions.
(2) The Minister shall not give a direction to the Commission under subsection (1) unless the Minister:
(a) has informed the Commission, in writing, that the Minister is considering giving the direction; and
(b) has given the Chairperson an opportunity to discuss the need for the proposed direction with the Minister.
(3) The Minister shall cause a copy of each direction given under subsection (1):
(a) to be published in the Gazette as soon as practicable after giving the direction; and
(b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.
12
Access to facilities by individuals and community groups
12 Access to facilities by individuals and community groups
The Commission shall, to the extent that it is practicable to do so having regard to the objects for which it was established and its functions, allow individuals and groups within the community to have access to, and to make use of, the resources, services and facilities of the Commission, whether or not for purposes related to sport.
Part III
Constitution and meetings of the Commission
Part III—Constitution and meetings of the Commission
13
Membership of Commission
13 Membership of Commission
(1) The Commission shall consist of:
(a) the Chairperson; and
(b) the Deputy Chairperson; and
(ba) the Secretary of the Department; and
(c) not fewer than 5 nor more than 10 other members.
(2) A member referred to in paragraph (1)(a), (b) or (c) shall be appointed by the Minister.
(3) A member referred to in paragraph (1)(a) or (b):
(a) may be appointed on a full‑time or part‑time basis; and
(b) holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(4) A member referred to in paragraph (1)(c):
(a) shall be appointed on a part‑time basis; and
(b) holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(6) The appointment of a member is not invalid because of a defect or irregularity in connection with the member’s appointment.
(7) The exercise of the powers, or the performance of the functions, of the Commission is not affected merely because:
(a) there is a vacancy in the office of Chairperson or Deputy Chairperson or the office of Secretary of the Department; or
(b) the number of persons appointed under paragraph (1)(c) falls below 5 for not longer than 3 months.
(8) A member holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined in writing by the Minister.
14
Leave of absence
14 Leave of absence
(1) A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may:
(a) if the Chairperson is appointed on a full‑time basis—grant to the Chairperson leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; or
(b) if the Chairperson is appointed on a part‑time basis—grant to the Chairperson leave to be absent from a meeting or meetings of the Commission.
(3) The Chairperson may:
(a) grant to a full‑time member, other than the Chairperson, leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chairperson determines; and
(b) grant to a part‑time member, other than the Chairperson, leave to be absent from a meeting or meetings of the Commission.
15
Resignation
15 Resignation
(1) The Chairperson may resign the office of Chairperson by writing signed by the Chairperson and delivered to the Minister.
(2) The Deputy Chairperson may resign the office of Deputy Chairperson by writing signed by the Deputy Chairperson and delivered to the Minister.
(3) An appointed member (other than the Chairperson or Deputy Chairperson) may resign his or her office by writing signed by the member and delivered to the Minister.
16
Outside employment
16 Outside employment
(1) A member appointed on a full‑time basis shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of the member.
(2) A member appointed on a part‑time basis shall not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.
17
Remuneration and allowances
17 Remuneration and allowances
(1) The Chairperson, the Deputy Chairperson and the other appointed members shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, an appointed member shall be paid such remuneration as is prescribed.
(2) An appointed member shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
19
Termination of appointment
19 Termination of appointment
(1) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.
(2) If an appointed member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors;
(c) is absent, except on leave of absence granted under section 14, from 3 consecutive meetings of the Commission;
(d) being a member appointed on a full‑time basis, engages, without the approval of the Minister, in any paid employment outside the duties of the office of the member; or
(e) being a member appointed on a part‑time basis, engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member;
the Minister shall terminate the appointment of the member.
Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
20
Acting appointments
20 Acting appointments
(1) The Minister may appoint the Deputy Chairperson, or the member appointed to act as Deputy Chairperson, to act as Chairperson:
(a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2) The Minister may appoint a member to act as Deputy Chairperson:
(a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason (including the reason that the Deputy Chairperson is acting as the Chairperson), unable to perform the duties of the office of Deputy Chairperson.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(3) The Minister may appoint a person to act as a member referred to in paragraph 13(1)(c):
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any reason (including the reason that the member is acting as the Chairperson or Deputy Chairperson), unable to perform the duties of the office of member.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
21
Meetings of Commission
21 Meetings of Commission
(1) The Commission shall hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chairperson:
(a) may, at any time, convene a meeting of the Commission; and
(b) shall, on receipt of a written request signed by not less than 3 other members, convene a meeting of the Commission.
(3) The Minister may, at any time, convene a meeting of the Commission.
(4) The Chairperson shall preside at all meetings of the Commission at which he or she is present.
(5) Where the Chairperson is not present at a meeting of the Commission, the Deputy Chairperson shall preside, or, if the Deputy Chairperson is not present, the members present shall appoint one of their number to preside at the meeting.
(6) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed at or in connection with that meeting.
(7) At a meeting:
(a) 5 members constitute a quorum;
(b) all questions shall be decided by a majority of votes of the members present and voting; and
(c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) Where a majority of the members (being a majority of the members that includes the Chairperson) sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a duly constituted meeting of the Commission held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days.
(9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members shall together be taken to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.
(10) A member shall not sign, under subsection (8), a document containing a statement in favour of a resolution if the resolution is in respect of a matter in which the member has a material personal interest.
(11) The Commission shall keep records of its meetings and records of resolutions taken to have been passed in accordance with subsection (8).
(12) The Commission may invite a person to attend a meeting of the Commission for the purpose of advising or informing the Commission on any matter.
22
Committees
22 Committees
(1) The Commission may establish such committees as it thinks fit, and a committee shall assist the Commission as directed by the Commission.
(2) A committee shall be constituted wholly by members of the Commission or partly by members of the Commission and partly by other persons.
(3) Where a committee is constituted partly by members of the Commission and partly by other persons, the Chairperson of the committee shall be a person who is a member of the Commission.
(4) The number of members of a committee required to constitute a quorum at a meeting of that committee shall be as specified by the Commission.
(5) A member of a committee who is not also a member, or an employee, of the Commission shall be paid such remuneration and allowances (if any) as the Commission determines.
(6) The office of member of a committee is not a public office within the meaning of the Remuneration Tribunal Act 1973.
(7) Rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 dealing with disclosing interests in a matter that is about to be considered by a body (other than the members of an accountable authority) apply to members of a committee as if:
(a) the committee were the accountable authority of a Commonwealth entity; and
(b) the members were members of that accountable authority; and
(c) the Commission were the responsible Minister for that Commonwealth entity.
Part IV
Corporate plans and annual operational plans
Part IV—Corporate plans and annual operational plans
23
Corporate plans
23 Corporate plans
Each corporate plan prepared by the members of the Commission under section 35 of the Public Governance, Performance and Accountability Act 2013:
(a) must be submitted to the Minister for approval not less than 3 months, or such lesser period as the Minister, in special circumstances, allows, before the day of commencement of the period to which the corporate plan relates; and
(b) must be laid before each House of the Parliament within 15 sitting days of that House after the Minister has approved the corporate plan; and
(c) comes into force on:
(i) the day on which it is approved by the Minister; or
(ii) the day of commencement of the period to which it relates;
whichever is the later.
25
Variation of corporate plans
25 Variation of corporate plans
(1) The Commission shall, from time to time, during the period to which a corporate plan, prepared by the members of the Commission under section 35 of the Public Governance, Performance and Accountability Act 2013, relates, consider whether a variation of the corporate plan is necessary.
(2) Where the Commission considers that a variation of a corporate plan is necessary, the Commission may, with the approval of the Minister, vary the corporate plan.
(3) Where a variation of a corporate plan is approved by the Minister the plan as so varied shall continue in force on and after the day on which the variation is so approved as if the plan had originally been approved by the Minister as so varied.
26
Annual operational plan
26 Annual operational plan
(1) The Commission shall develop, and prepare in writing, in respect of each financial year ending after the commencement of this Act, an operational plan, setting out particulars of:
(a) the programs the Commission proposes to carry out; and
(b) the resources the Commission proposes to allocate to each such program;
during that year in giving effect to the corporate plan that relates, or the intended corporate plan that will relate, to a period that includes that year or a part of that year.
(2) If the Minister is of the opinion that an operational plan in relation to a financial year is inconsistent with the corporate plan relating to the period that includes that year or a part of that year, the Minister may, in writing, request the Commission to revise the operational plan.
(3) The Commission may, at any time, revise an operational plan, and shall revise the plan if the Minister requests it under subsection (2) to do so and gives written reasons for the request.
(4) An operational plan, or a revision of an operational plan:
(a) shall be submitted to the Minister as soon as practicable; and
(b) comes into force when it is approved, in writing, by the Minister.
(5) The Minister shall approve an operational plan, or a revision of an operational plan, unless the Minister is of the opinion that the plan, or the plan as proposed to be revised, as the case may be, is inconsistent with the corporate plan.
27
Compliance with plans
27 Compliance with plans
To the extent that it is practicable to do so and subject to this Act, the Commission shall perform its functions and exercise its powers in a manner that is consistent with, and is designed to give effect to, any corporate plan and any operational plan that are in force.
Part V
Executive Director and Director of Institute
Part V—Executive Director and Director of Institute
28
Executive Director
28 Executive Director
(1) There shall be an Executive Director of the Commission who shall be appointed by the Commission.
(3) The Commission shall not appoint a member as Executive Director.
(4) The appointment of a person as Executive Director is not invalid because of a defect or irregularity in connection with the person’s appointment.
29
Duties of Executive Director
29 Duties of Executive Director
(1) The Executive Director shall manage the affairs of the Commission subject to the directions of, and in accordance with policies determined by, the Commission.
(2) All acts and things done in the name of, or on behalf of, the Commission by the Executive Director, for the purposes of this Act, shall be taken to have been done by the Commission.
30
Director
30 Director
(1) There shall be a Director of the Institute who shall be appointed by the Commission.
(3) The Commission shall not appoint a member as Director.
(4) The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person’s appointment.
31
Duties of Director
31 Duties of Director
(1) The Director shall, under the direction of the Executive Director and in accordance with policies determined by the Commission, conduct such of the affairs of the Commission as are relevant to the functions of the Commission referred to in section 9.
(2) All acts and things done in the name of, or on behalf of, the Commission by, or with the authority of, the Director, for the purposes of this Act, shall be taken to have been done by the Commission.
32
Tenure of Executive Director
32 Tenure of Executive Director
The Executive Director shall hold office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.
33
Remuneration and allowances
33 Remuneration and allowances
(1) The Executive Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no such determination of that remuneration by the Tribunal is in operation, the Executive Director shall be paid such remuneration as is prescribed.
(2) The Executive Director shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
34
Outside employment
34 Outside employment
The Executive Director shall not engage in paid employment outside the duties of his or her office except with the approval of the Commission.
35
Leave of absence
35 Leave of absence
(1) The Executive Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Commission may grant to the Executive Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines.
36
Resignation
36 Resignation
The Executive Director may resign office by writing signed and delivered to the Chairperson.
37
Disclosure of interests
37 Disclosure of interests
(1) The Executive Director shall give written notice to the Chairperson of all direct or indirect pecuniary interests that the Executive Director has or acquires in any business or in any body corporate carrying on any business.
(2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
38
Terms and conditions of appointment not provided for by Act
38 Terms and conditions of appointment not provided for by Act
The Executive Director holds office on such terms and conditions (if any), in relation to matters not provided for by this Act, as are determined by the Commission.
39
Acting Executive Director
39 Acting Executive Director
The Commission may appoint a person (other than a member) to act as Executive Director:
(a) during a vacancy in the office of Executive Director (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Executive Director is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
40
Application of sections 32 to 39 to Director
40 Application of sections 32 to 39 to Director
Sections 32 to 39 (both inclusive) apply to the Director as if any reference in those sections to the Executive Director were a reference to the Director.
Part VI
Staff and consultants
Part VI—Staff and consultants
41
Employees
41 Employees
(1) The Executive Director may, on behalf of the Commission, employ such persons as the Commission considers necessary for the performance of its functions and the exercise of its powers.
(2) The terms and conditions of employment of a person employed under subsection (1) are such as are determined by the Commission.
(3) The Executive Director may arrange with an Agency Head (within the meaning of the Public Service Act 1999), or with a body established by an Act, for the services of officers or employees of that Agency or of that body to be made available to the Commission.
42
Consultants
42 Consultants
(1) The Commission may engage persons having suitable qualifications and experience as consultants to the Commission.
(2) The terms and conditions of engagement shall be determined by the Commission.
Part VII
Finance
Part VII—Finance
43
Appropriation of money
43 Appropriation of money
(1) There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.
(2) The Finance Minister may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Commission.
45
Application of money
45 Application of money
(1) The money of the Commission shall be applied only:
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Commission in the performance of its functions and the exercise of its powers; and
(b) in payment of remuneration and allowances payable under this Act.
(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 Commission.
46
Borrowing from the Commonwealth
46 Borrowing from the Commonwealth
(1) The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Commission at such rates of interest and on such other terms and conditions as that Minister determines.
(2) The Commission shall not borrow money except in accordance with subsection (1).
(3) The Commission may give security over the whole or part of its assets for the repayment of amounts borrowed under subsection (1) and the payment of interest on amounts so borrowed.
47
Contracts
47 Contracts
The Commission shall not, except with the written approval of the Minister:
(a) enter into a contract involving the payment or receipt by the Commission of an amount exceeding $500,000; or
(b) enter into a lease of land for a period of 10 years or more.
48
Extra matters to be included in annual report
48 Extra matters to be included in annual report
The annual report prepared by the members of the Commission and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:
(a) specify the financial transactions and the state of the affairs of the Australian Sports Foundation; and
(b) include particulars of each direction given to it by the Minister under subsection 11(1) that is applicable in relation to the period; and
(c) include an assessment of the extent to which its operations during the period have implemented the relevant operational plan; and
(d) include particulars of:
(i) significant capital works programs (if any) undertaken by the Commission during the period; and
(ii) significant acquisitions and dispositions of real property by the Commission during the period; and
(iii) variations to the operational plan agreed to by the Minister during the period.
50
Commission exempt from taxation
50 Commission exempt from taxation
(1) Subject to subsection (3), the income, property and transactions of the Commission are not subject to taxation under the laws of the Commonwealth or of a State or Territory.
(3) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.
51
Foundation exempt from taxation
51 Foundation exempt from taxation
(1) Subject to subsection (3), the income, property and transactions of the Australian Sports Foundation are not subject to taxation under the laws of the Commonwealth or of a State or Territory.
(3) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.
Part VIII
Miscellaneous
Part VIII—Miscellaneous
52
Trust money
52 Trust money
(1) The Commission shall ensure that any money received or held by the Commission on trust is paid into an account, or more than one account, that does not contain any money of the Commission not held on trust.
(2) Despite section 45:
(a) money or other property held by the Commission on trust shall be applied or dealt with only in accordance with the powers and duties of the Commission as trustee; and
(b) money held by the Commission on trust may be invested:
(i) in any manner in which the Commission is authorised to invest that money by the terms of the trust; or
(ii) in any manner in which trust money may, for the time being, be invested under law;
but not otherwise.
54
Delegation by Commission
54 Delegation by Commission
(1) The Commission may, by resolution, delegate to:
(a) a member of the Commission;
(b) a committee established under section 22;
(c) the Executive Director;
(d) the Director; or
(e) a person employed under section 41;
all or any of the Commission’s powers under this Act, other than the Commission’s powers under sections 22, 23, 25, 26 and 39 and subsections 28(1), 29(1) and 30(1) (including the Commission’s powers under section 39 as that section applies by virtue of section 40).
(2) The delegate is, in the exercise of a power so delegated, subject to any directions given by the Commission.
55
Delegation by Executive Director
55 Delegation by Executive Director
(1) The Executive Director may, by signed instrument, delegate to:
(a) the Director; or
(b) a person employed under section 41;
all or any of his or her powers under this Act.
(2) The delegate is, in the exercise of a power delegated under subsection (1), subject to any directions given by the Executive Director.
56
Delegation by Minister
56 Delegation by Minister
The Minister may, by signed instrument, delegate to:
(a) the Commission;
(b) a member of the Commission; or
(c) the Executive Director;
all or any of the Minister’s powers under this Act, other than the Minister’s powers under section 11, subsection 13(2) and sections 20, 24, 25, 26 and 47.
57
Protection from civil actions
57 Protection from civil actions
A member, the Executive Director or the Director is not liable to an action or other proceeding for damages for or in relation to an act done or omitted to be done in good faith in the performance or purported performance of any function, or in the exercise or purported exercise of any power, of the Commission.
57A
Disclosure of information to Sport Integrity Australia
57A Disclosure of information to Sport Integrity Australia
(1) The Commission may disclose information to the Chief Executive Officer of Sport Integrity Australia if the information:
(a) relates to a sports doping and safety matter (within the meaning of the Sport Integrity Australia Act 2020); or
(b) is otherwise relevant to the performance of the functions of the Chief Executive Officer of Sport Integrity Australia.
(2) If information disclosed under subsection (1) is personal information (within the meaning of the Privacy Act 1988), the information is taken to be protected information for the purposes of the Sport Integrity Australia Act 2020.
58
Regulations
58 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, may make regulations:
(c) regulating, restricting or prohibiting the entry of persons onto or into any land or building owned by, or under the control of, the Commission, regulating the conduct of persons on or in any such land or building, and providing for the removal of persons from any such land or building;
(d) prohibiting or regulating the use of any emblem, logo, design, mark, symbol or name that is associated with the Commission; and
(e) prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part I Preliminary
Part I—Preliminary
1 Short title
1 Short title
This Act may be cited as the Australian Sports Commission Act 1989.
2 Commencement
2 Commencement
This Act commences on a day to be fixed by Proclamation.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears:
appointed member means a member other than the Secretary of the Department.
Australia includes the external Territories.
Australian Sports Foundation means the company referred to in section 10.
Chairperson means the Chairperson of the Commission.
Commission means the Australian Sports Commission established by this Act.
Deputy Chairperson means the Deputy Chairperson of the Commission.
Director means the Director of the Institute.
Executive Director means the Executive Director of the Commission.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Institute means the Australian Institute of Sport referred to in section 9.
member means a member of the Commission and includes the Chairperson and the Deputy Chairperson.
4 Extension to external Territories
4 Extension to external Territories
This Act extends to all external Territories.
Part II Establishment, objects, functions and powers of the Commission
Part II—Establishment, objects, functions and powers of the Commission
5 Establishment
5 Establishment
(1) There is established by this Act a Commission by the name of the Australian Sports Commission.
(2) The Commission:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal; and
(c) may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
Behaviour changes required by the Act include the Commission: developing and implementing programs to increase participation and sporting performance (s 6; s 7(1)(a)-(d)); operating the Australian Institute of Sport when delivering certain functions (s 9); permitting community access to resources and facilities where practicable (s 12); engaging in commercial activities including sponsorship, sale of goods bearing Commission marks and charging fees (s 8); complying with corporate planning and operational planning requirements under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) (ss 23, 25-27); segregating trust money and applying trust funds only in accordance with trust terms (s 52); and co‑operating with Sport Integrity Australia while avoiding functional overlap with its CEO (s 7(4A); s 57A).
The Act imposes procedural and oversight constraints: Ministerial control over major appointments and directions (ss 11, 13), limits on borrowing and contracting without Ministerial approval (ss 46, 47), requirements for public reporting of directions and corporate plans (ss 11(3), 23), and statutory immunity for persons acting in good faith in Commission functions (s 57). Regulations may regulate access to Commission land, protect Commission emblems and prescribe small penalties (s 58).
Main concepts
The Act organises a set of interlocking concepts that define the Commission’s identity, scope and operational boundaries. These concepts are statutory objects, functions and powers; institutional form and governance; funding and financial controls; operational planning and accountability; industrial/appointment rules for officials; and interfaces with other statutory regimes.
Objects and functions: Section 6 lists six objects: leadership in sport development (s 6(1)(a)), increased participation and performance (s 6(1)(b)), provision of resources and facilities to pursue sporting excellence alongside education/vocational skills (s 6(1)(c)), coach development (s 6(1)(d)), fostering international co‑operation (s 6(1)(e)), and encouraging private funding to supplement Commonwealth assistance (s 6(1)(f)). The functions list in s 7 operationalises those objects: advising and co‑ordinating (s 7(1)(a)-(b)); promoting equality of access (s 7(1)(c)); talent and coach development (s 7(1)(d)); research and sports medicine/science (s 7(1)(e)-(g)); facilities management (s 7(1)(h)); information dissemination (s 7(1)(j)); international access (s 7(1)(k)); fundraising and money administration (s 7(1)(m)-(n)); intergovernmental and other cooperation (s 7(1)(p)-(q)); and anti‑doping cooperation (s 7(1)(r)). The Act permits functions to be performed inside or outside Australia (s 7(2)) and in cooperation with states, territories and other organisations (s 7(3)).
Institutional form and brand: The Commission is a body corporate with a common seal (s 5). When performing specified elite‑performance functions it shall operate under the name Australian Institute of Sport (s 9). The Australian Sports Foundation is a separate company established to raise funds for sport and is tied to the Commission’s purposes and constrained in its powers so as not to exceed those of the Commission except as necessary to perform functions for the Commission (s 10).
Governance and accountability: Membership composition and appointment mechanics are in s 13. The Minister appoints the Chair, Deputy, Secretary of the Department and other members; terms of office and part‑time/full‑time statuses are prescribed (s 13(1)-(4)). The Minister may give directions to the Commission on policies and practices, subject to consultation and mandatory publication and tabling (s 11). The Act builds in PGPA Act requirements,corporate plans and reporting obligations are integrated (s 23 and cross‑references to the PGPA Act), and annual reporting must include particular financial and operational details (s 48).
Financial controls and commercial activity: Funding is via parliamentary appropriation (s 43). The Finance Minister has influence over payment timing (s 43(2)), and only the Finance Minister may arrange loans from the Commonwealth (s 46). The Commission may charge fees for access, services and event admission (s 8(2)), accept gifts and sponsorship, manufacture and distribute branded goods and acquire property (s 8(1)). There are controls on contracts and leases: Ministerial written approval is required for contracts exceeding $500,000 or leases of land for ten years or more (s 47). The Commission and the Australian Sports Foundation are, subject to regulations, exempt from Commonwealth, State and Territory taxation on income, property and transactions (ss 50-51).
Operational planning and delegation: Corporate plans prepared under the PGPA Act must be submitted for Ministerial approval and laid before Parliament (s 23). The Commission must prepare annual operational plans that set out programmes and resource allocation and submit and obtain Ministerial approval (s 26). Delegation of powers is permitted with statutory carve‑outs: the Commission may delegate most powers to members, committees, the Executive Director, Director or employees but cannot delegate certain core powers, including establishing committees, corporate planning and appointments to key executive offices (s 54). The Minister may also delegate many of their powers under the Act, with specified exceptions (s 56).
Regulatory interfaces and privacy: The Act contains cross‑references that bind the Commission to other statutes: the PGPA Act governs corporate entity duties and reporting (note to s 5; ss 23, 27), the Remuneration Tribunal Act sets pay entitlements for specified officeholders (s 17, s 33), provisions reference the Acts Interpretation Act 1901 on acting appointments (s 20 notes), and the Sport Integrity Australia Act 2020 is engaged in two ways: the Commission’s functions must not overlap the Chief Executive Officer of Sport Integrity Australia (s 7(4A)), and the Commission may disclose information to that CEO in relation to sports doping and safety matters and associated matters, with personal information so disclosed treated as protected information under the Sport Integrity Australia Act (s 57A).
Legal protections and obligations: Officials are protected from civil actions for acts done in good faith in performance or purported performance of Commission functions (s 57). The Act imposes a duty to segregate trust money and to deal with trust funds only in accordance with trust terms (s 52). Regulations may impose limited penalties (s 58).
These concepts create an institutional architecture for public stewardship of sport that mixes public funding, ministerial oversight, statutory planning and corporate‑style commercial powers.
Who it affects
Primary actors affected by the Act are the Australian Sports Commission, the Australian Institute of Sport as the Commission’s operating name for certain functions (s 9), the Australian Sports Foundation (s 10), the Minister responsible for the Commission, Commission members and key executives (Chairperson, Deputy Chairperson, Secretary of the Department, Executive Director, Director), Sport Integrity Australia’s Chief Executive Officer, the Finance Minister and Parliament. Secondary affected groups include state and territory authorities, sports organisations and associations, athletes, coaches, community groups and private sponsors or commercial partners.
The Commission and its executives and staff. The Commission is the statutory actor created and empowered by the Act (s 5). The Executive Director manages the Commission’s affairs subject to Commission direction (s 29(1)), and the Director oversees Institute functions under the Executive Director’s direction (s 31). Employees are appointed by the Executive Director on terms set by the Commission (s 41). Those roles are directly regulated in terms of appointment, tenure, remuneration, leave and outside employment (ss 28-39, 41-42).
The Minister. The Minister appoints the Chairperson, Deputy Chairperson and other appointed members (s 13(2)); may give written directions to the Commission on policies and practices (s 11); must be given written notice and an opportunity for the Chairperson to discuss proposed directions before issuing them (s 11(2)); and must cause directions to be published in the Gazette and laid before Parliament (s 11(3)). The Minister also has veto/approval roles over corporate and operational plans (ss 23, 25-26), and may convene Commission meetings (s 21(3)).
Parliament and the Finance Minister. Parliament funds the Commission through appropriation (s 43). The Finance Minister may direct timing and amounts of payments (s 43(2)) and is the only minister authorised to lend money to the Commission on behalf of the Commonwealth (s 46). Parliament receives corporate plans and is the recipient of required tabling of directions and plans (ss 11(3), 23).
The Australian Sports Foundation and private donors/sponsors. The Foundation’s statutory purpose is to raise money for the development of sport in Australia (s 10(3)); the Commission is authorised to raise money through the Foundation (s 7(1)(m)). The Foundation’s powers are limited to those necessary to perform its functions in relation to the Commission and otherwise constrained not to exceed the Commission’s powers (s 10(4)). Private sponsors and donors are affected because the Commission is authorised to obtain commercial sponsorship and participate in marketing arrangements and to distribute and sell branded goods (s 8(1)(j)-(k),(m)) and encourage private funding (s 6(1)(f)).
Sporting organisations, athletes and community groups. The Commission’s functions include advising the Minister and coordinating sport development (s 7(1)(a)-(b)); developing programs to promote equality of access and participation (s 7(1)(c)); and providing access to resources and facilities to persons and groups, “to the extent that it is practicable” (s 12). Those provisions create operational expectations for programs, training, facilities and pathways, and a discretionary obligation to facilitate community access.
Sport Integrity Australia. The Act both protects against functional overlap with the Chief Executive Officer of Sport Integrity Australia (s 7(4A)) and provides for disclosure of information to that CEO where it relates to doping and safety matters or otherwise assists that CEO’s functions (s 57A). Personal information disclosed is treated as protected information under the Sport Integrity Australia Act (s 57A(2)). These clauses create an information‑sharing and delineation interface between two statutory bodies.
General public interacting with Commission land and marks. Regulations may restrict entry to Commission land and regulate conduct, along with provisions controlling use of Commission emblems, logos or names and providing for their protection (s 58(c)-(d)). The regulations may prescribe small penalties (not exceeding 5 penalty units) for breaches (s 58(e)). Thus users of facilities and commercial third parties who might use Commission marks are affected.
States, Territories and other Commonwealth agencies. The Commission is required to consult and cooperate with appropriate Commonwealth, State and Territory authorities and other persons (s 7(1)(p)). Additionally, the Act extends to external Territories (s 4).
Who pays (recap): Parliament provides appropriation (s 43), but the Commission may also raise funds from private sources via the Foundation or sponsorship (s 7(1)(m); s 10), and may charge fees for access to facilities and for programs or events (s 8(2)). Borrowing by the Commission is constrained to loans arranged by the Finance Minister out of parliamentary appropriations (s 46).
Who decides (recap): The Minister controls appointments and may give directions (ss 11, 13). The Commission and its members decide on corporate policies, operations, committees and delegations within statutory constraints (ss 22, 54-55). The Finance Minister controls loans and payment timing (ss 43-46).
Key duties and rights
The Act imposes explicit duties on the Commission, its members and its executives, and grants concrete rights enabling operations. Below are the principal duties and rights with section references.
Duties imposed on the Commission and its officers
Duty to perform statutory functions: The Commission must exercise the functions listed in s 7 in furtherance of its objects (s 6) and is required to perform functions only to the extent that they do not overlap the functions of the Chief Executive Officer of Sport Integrity Australia (s 7(4A)). The Commission may perform functions inside or outside Australia and in cooperation with other bodies (ss 7(2)-(3)).
Duty to allow community access where practicable: The Commission must, “to the extent that it is practicable to do so having regard to the objects for which it was established and its functions,” allow individuals and community groups access to resources and facilities (s 12). This is a conditional duty,practicability and the Commission’s objects constrain it.
Duty to prepare and comply with corporate and operational plans: The Commission must prepare corporate plans under the PGPA Act for Ministerial approval and consideration (s 23) and annual operational plans aligning with those corporate plans (s 26). The Commission must perform its functions and exercise powers in a manner consistent with and designed to give effect to any corporate plan and operational plan, to the extent practicable (s 27).
Duty to segregate trust money and apply trust funds only as trustee: The Commission must ensure trust money is held in separate accounts and applied only in accordance with the trust terms (s 52).
Duty to disclose interests: The Executive Director must disclose pecuniary interests in businesses or corporate bodies (s 37). The Act also incorporates PGPA Act conflict‑of‑interest provisions for committees (s 22(7) referencing section 29 of the PGPA Act).
Duty to comply with Ministerial directions: The Commission must comply with written directions from the Minister in relation to policies and practices in performing functions and exercising powers, subject to the consultation and publication requirements in s 11.
Duties on members and executives
Attendance and outside employment constraints: Appointed members’ appointments must be terminated if they are absent from three consecutive meetings without leave (s 19(2)(c)). Full‑time members must not engage in outside paid employment except with Ministerial approval (s 16(1)); part‑time members must not engage in paid employment that, in the Minister’s opinion, conflicts with duties (s 16(2)). The Executive Director must not engage in outside paid employment except with Commission approval (s 34).
Resignation and termination provisions: The Chair, Deputy Chair and appointed members may resign in writing delivered to the Minister (s 15). The Minister may terminate an appointed member’s appointment for misbehaviour or incapacity (s 19(1)), and must terminate where certain statutory disqualifications occur (s 19(2)). The Act also notes that termination may occur under s 30 of the PGPA Act for contravention of official duties (note to s 19).
Minutes and record‑keeping: The Commission must keep records of its meetings and resolutions, including those passed by signed documents under s 21(8)-(9) and must ensure members do not sign off where they have a material personal interest (s 21(10), s 21(11)).
Rights, powers and privileges
Corporate legal capacity: The Commission is a body corporate with perpetual succession, can hold and dispose of property and sue and be sued (s 5(2)(a)-(c)). Courts must take notice of its common seal (s 5(3)).
Broad operational powers: The Commission has an express non‑exhaustive power to do all things necessary or convenient for its functions (s 8(1)), and a detailed list allowing contracting, property dealings, facilities occupation, making grants, appointing agents, hiring people, accepting gifts, erecting works, obtaining sponsorship, manufacturing and distributing branded articles and providing goods/services at its facilities (s 8(1)(a)-(n)). It may also charge reasonable fees for use of resources, programs and events (s 8(2)).
Delegation: The Commission may delegate most of its powers to members, committees, the Executive Director, the Director or employees, subject to express carve‑outs (s 54). The Executive Director may further delegate to the Director or staff (s 55). The Minister may also delegate many of the Minister’s powers under the Act except certain core functions (s 56).
Financial and tax rights: The Commission is entitled to appropriated funds from Parliament (s 43). The Commission and the Australian Sports Foundation are, subject to regulations, exempt from Commonwealth, State and Territory taxation on income, property and transactions (ss 50-51). The Commission may invest surplus funds under the PGPA Act (s 45(2)).
Protection from civil action: Members, the Executive Director and the Director are not personally liable to civil actions for acts done or omitted in good faith in performance or purported performance of Commission functions (s 57).
Constraints and procedural rights
Ministerial oversight rights: The Minister has the statutory right to give written directions (s 11) but must follow procedural steps before doing so and must publish and table directions (s 11(2)-(3)). The Minister also has approval rights over corporate and operational plans (ss 23, 26) and must give reasons if rejecting or requesting revisions to an operational plan (s 26(2)-(3)).
Parliamentary transparency: Corporate plans and Ministerial directions are to be laid before Parliament in specified timeframes (ss 11(3), 23(1)(b)).
Contracting and leasing approvals: Ministerial written approval is required for contracts above $500,000 and leases of land for 10 years or more (s 47).
These duties and rights create an operational envelope in which the Commission must plan and run programs while remaining accountable to the Minister and Parliament and operating within financial controls.
Penalties and enforcement
The Act provides a mix of enforcement mechanisms, reporting obligations and limited penalty powers. It relies principally on administrative oversight,Ministerial directions, approvals and reporting,rather than criminal sanctions in the Act itself. The following enforcement and penalty mechanisms are present in the text.
Administrative enforcement
Ministerial directions and compliance: Section 11 allows the Minister to issue written directions to the Commission regarding policies and practices in the performance of its functions and the exercise of powers, and the Commission must comply. The procedure requires prior notice and an opportunity for the Chairperson to discuss the proposed direction (s 11(2)), and the Minister must publish directions in the Gazette and lay them before both Houses of Parliament within 15 sitting days (s 11(3)). The principal enforcement lever is therefore the Minister’s procedural power to set policy direction and require compliance.
Ministerial approvals linked to limits: The requirement for Ministerial approval of corporate plans (s 23), variations of corporate plans (s 25), operational plans (s 26) and specific large contracts and long leases (s 47) gives the Minister practical control over significant financial and strategic actions. The Minister can request operational plan revisions and must give written reasons for such requests (s 26(2)-(3)). Non‑compliance with the Minister’s approval regime would expose the Commission to administrative sanctions under the PGPA Act or political and parliamentary accountability, given the tabling obligations (ss 23, 26, 48).
Financial controls via the Finance Minister: The Finance Minister can direct timing and amounts of payments from appropriation (s 43(2)) and is the only authorised lender for loans to the Commission from the Commonwealth (s 46). This centralises control over borrowing and cash flow and is an enforcement lever via control of funds.
Statutory termination and removal
Termination of members: The Minister may terminate an appointed member for misbehaviour or physical or mental incapacity (s 19(1)). Termination is mandatory where prescribed disqualifying events occur: bankruptcy or insolvency actions; absences without leave from three consecutive meetings; unapproved outside employment by full‑time members; or part‑time members engaging in conflicting paid employment in the Minister’s opinion (s 19(2)(a), (c)-(e)). The Act notes that termination may also occur under s 30 of the PGPA Act for breaches of general duties (note to s 19).
Legal immunities and civil enforcement
Personal liability protections: Members, the Executive Director and the Director are not liable to actions for damages in respect of acts or omissions done in good faith in the performance or purported performance of any function or exercise of any power of the Commission (s 57). This creates a defence against civil liability for good‑faith official acts and reduces the risk of personal civil suits as an enforcement mechanism.
Criminal or civil penalties in the Act and delegated regulations
Regulations may include limited penalties: The Governor‑General may make regulations including ones that regulate entry to Commission land and use of Commission emblems and may prescribe penalties not exceeding five penalty units for offences against those regulations (s 58(c)-(e)). The Act does not itself create offences with prescribed penalties beyond this delegated regulation power. The maximum is deliberately constrained by the Act to a small monetary sanction (five penalty units) for breaches of regulations made under s 58.
Reporting and transparency obligations as soft enforcement
Annual reporting requirements: The Commission’s annual report under the PGPA Act must include particulars of financial transactions of the Australian Sports Foundation, particulars of Ministerial directions applicable during the reporting period, an assessment of performance against the operational plan, significant capital work and property transactions and operational plan variations approved by the Minister during the period (s 48). These reporting obligations operate as accountability mechanisms: they expose the Commission’s conduct to parliamentary and public scrutiny and create reputational enforcement.
Other enforcement interactions
Interface with other Acts: The Act integrates with the PGPA Act for corporate plans and accountability (see the note to s 5 and sections 23, 25-27), with the Remuneration Tribunal Act for remuneration determinations (ss 17 and 33), and with the Sport Integrity Australia Act in information‑sharing and overlap constraints (s 7(4A), s 57A). Enforcement actions may therefore arise under those other statutory regimes where the Commission or its officials breach duties contained in them; the Act itself signposts these statutory interdependencies rather than providing standalone criminal sanctions.
Practical enforcement consequences
Financial controls and Ministerial approvals are the primary levers to influence Commission behaviour, supported by reporting to Parliament and professional obligations of officials. The Act’s immunities for good‑faith acts reduce litigation risk for officials while the segregation of trust funds (s 52) and the requirement to apply trust money only according to trust terms create fiduciary‑style obligations that may be enforced by trust law or the PGPA Act regime in circumstances not detailed in the Act.
In short, enforcement under the Act is primarily administrative and accountability‑focused: Ministerial directions and approvals, financial control by the Finance Minister, parliamentary tabling and annual reporting, and delegated regulations with modest monetary penalties. Civil liability protections limit personal exposure for officials acting in good faith.
How it interacts with other laws
The Act expressly cross‑references and interfaces with several other statutes and legal regimes, prescribing both operational dependencies and limits to the Commission’s functions. The following interactions are explicit in the text provided.
Public Governance, Performance and Accountability Act 2013 (PGPA Act)
Application: The Act states that the PGPA Act applies to the Commission and deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources (note to s 5). This places the Commission within the PGPA Act’s accountability, financial management and reporting framework.
Corporate and operational planning: Sections 23 and 26 require the Commission to prepare corporate plans and operational plans in accordance with the PGPA Act (s 23 references s 35 of the PGPA Act for corporate plans). Corporate plans must be submitted to the Minister for approval and laid before Parliament (s 23). Operational plans must be consistent with the corporate plan and are subject to Ministerial request for revision and approval (s 26). Section 27 requires the Commission to perform its functions and exercise its powers consistently with plans to the extent practicable.
Committees and disclosure rules: Section 22(7) applies rules made for s 29 of the PGPA Act regarding disclosure of interests, treating committees constituted under the Act as if they were accountable authorities under the PGPA Act. This imports PGPA conflict‑of‑interest disclosure requirements for committee members.
Termination note: The Act notes that termination of an appointed member may also occur under s 30 of the PGPA Act for contravention of general duties (note to s 19).
Pay determinations for members and executives: Section 17 and section 33 provide that remuneration for appointed members and the Executive Director is to be determined by the Remuneration Tribunal, subject to the Remuneration Tribunal Act 1973. Where no Tribunal determination exists, prescribed amounts apply. Leave entitlements are likewise subject to Tribunal determinations (ss 14(1), 35(1)).
Acts Interpretation Act 1901
Acting appointments: Sections 20 and 39 include notes that rules that apply to acting appointments are in s 33A of the Acts Interpretation Act 1901. The Act therefore defers to the standard Commonwealth rules governing acting appointments.
Public Service Act 1999
Staff arrangements: Section 41(3) permits the Executive Director to arrange with an Agency Head (as defined in the Public Service Act 1999) or a body established by an Act for the services of officers or employees to be made available to the Commission. This enables secondments and service arrangements with the broader Commonwealth public service.
Sport Integrity Australia Act 2020
Functional boundary and information sharing: Section 7(4A) limits the Commission’s functions to the extent that they do not overlap with the functions of the Chief Executive Officer of Sport Integrity Australia. Section 57A permits the Commission to disclose information to the CEO of Sport Integrity Australia if the information relates to sports doping and safety matters (as defined in the Sport Integrity Australia Act 2020) or is otherwise relevant to the CEO’s functions. Section 57A(2) provides that personal information disclosed under s 57A(1) is to be taken as protected information for the purposes of the Sport Integrity Australia Act 2020.
Privacy and protected information
The Act’s s 57A cross‑reference converts personal information disclosed to the Sport Integrity Australia CEO into protected information under the Sport Integrity Australia Act 2020. This establishes a statutory pathway for information sharing on doping and safety matters and imposes the protective legal status on personal data disclosed in that context.
Taxation law and regulations
Tax exemptions: Sections 50 and 51 exempt the Commission and the Australian Sports Foundation respectively from taxation under Commonwealth, State and Territory laws, subject to subsection (3) in each section permitting regulations to specify exceptions. The regulations may therefore reintroduce taxation in relation to specified laws if provided for.
Corporate and company law references
Australian Sports Foundation company history: Section 10 references a company previously incorporated under the Companies Act 1981 (Australian Capital Territory) and its change of name to the Australian Sports Foundation, and constrains the company from changing its name after that event (s 10(1)-(2)). The Foundation’s purpose is statutorily declared (s 10(3)) and its powers are limited (s 10(4)).
Trust law
Trust obligations: Section 52 requires segregation of trust money into separate accounts and mandates that trust money be applied only in accordance with trust powers and duties or in the manner authorised for trust money held under law. This imports basic trust principles into the Commission’s financial management.
Regulations and delegated legislative powers
The Act vests the Governor‑General with power to make regulations not inconsistent with the Act and explicitly authorises regulations to control entry to Commission land, regulate conduct on Commission land, prohibit or regulate use of Commission emblems and prescribe penalties not exceeding 5 penalty units (s 58). Thus the Act creates a delegated law framework for facility control and intellectual property protection on Commission premises.
Interoperability and potential enforcement under other laws
Because the Act situates the Commission under the PGPA Act and references other statutory regimes, many obligations and potential enforcement mechanisms will be exercised through those other laws (for example financial management rules and accountability under the PGPA Act, remuneration determinations under Remuneration Tribunal legislation, and enforcement of protected information rules under the Sport Integrity Australia Act).
In sum, the Act embeds the Commission within a broader statutory ecosystem. The practical effect is that the Commission’s core powers are exercised within PGPA financial and reporting controls, with the Finance Minister controlling lending and payment timing, the Remuneration Tribunal determining officeholder pay and entitlements, and Sport Integrity Australia receiving information and constrained from functional overlap. Regulations may impose limited penalties for conduct on Commission land or misuse of emblems.
Amendment history
The text of the Act provided includes a number of embedded cross‑references, notes and subsections that indicate legislative evolution and interaction with other Commonwealth statutes. The Act as supplied should be read with those cross‑references in mind; they signal legislative updates and statutory layering even where an explicit amendment chronology is not provided in this text. The following are the concrete textual markers of legislative change and external references evident in the Act itself.
Cross‑references to later Commonwealth Acts: The Act contains explicit references to the Public Governance, Performance and Accountability Act 2013 (PGPA Act) (note to s 5 and in ss 23, 25-27), the Remuneration Tribunal Act 1973 (ss 17 and 33), the Acts Interpretation Act 1901 (notes to ss 20 and 39 referencing s 33A), the Public Service Act 1999 (s 41(3) references Agency Heads), and the Sport Integrity Australia Act 2020 (s 7(4A) and s 57A). These references show that the Act now operates in conjunction with statutory regimes enacted in different years and that portions of the Act were expressed or adjusted to reflect those other statutes.
Inserted or updated provisions reflected in text: The inclusion of section 57A, which authorises disclosure of information to the Chief Executive Officer of Sport Integrity Australia and treats disclosed personal information as protected information for the purposes of the Sport Integrity Australia Act 2020, is an internal textual feature referencing the 2020 Act. That section is a concrete textual addition linking the Commission to the Sport Integrity Australia statutory framework.
Notes indicating application of other statutes: Several parts of the Act have notes indicating that particular provisions should be read with other statutes in mind. For example, the note to s 5 states that the PGPA Act “applies to the Commission” and deals with corporate Commonwealth entities. The notes to ss 20 and 39 indicate that acting appointment rules are in s 33A of the Acts Interpretation Act 1901. The note to s 19 mentions that termination of an appointed member may also be affected under s 30 of the PGPA Act. These notes function as textual pointers to the statutory changes in governance and appointment practices.
Company history language: Section 10 traces the origin of the Australian Sports Foundation to a company incorporated under an earlier Companies Act and prescribes that, after a required change of name, “the company is not authorised to change its name” (s 10(2)). That provision records a fixed corporate identity imposed by statute and indicates a legislative intervention in the corporate structure of the Foundation.
Regulatory carve‑outs and delegations: The Act authorises the making of regulations that may exclude tax exemptions in particular laws (ss 50(3), 51(3)) and to make rules regarding access to facilities and use of emblems with modest penalty provisions (s 58). These regulatory hooks indicate the legislature preserved the capacity to modify practical effects of the Act via subordinate legislation.
What this text does not supply
The supplied text does not include a formal history table or schedule of amendments, nor does it identify the dates on which particular provisions were inserted or amended. Consequently, the presence of references to later statutes is the primary textual evidence of legislative evolution within the provided document. The Act’s integration with statutes dating across several years demonstrates iterative legislative layering; however, the specific amendment instrument, date and explanatory material that introduced particular sections (for example s 57A) are not included here.
How to treat the markers practically
When construing or applying the Act, treat the cross‑references and notes in the Act as statutory constraints or additions,apply the PGPA Act requirements to corporate planning and reporting, apply Remuneration Tribunal determinations to pay and leave, abide by the Acts Interpretation Act rules on acting appointments and apply Sport Integrity Australia Act rules insofar as they are referenced (for example for disclosure and protected information). If you require the precise legislative history or amending instruments and dates, those are not contained in this text and must be retrieved from parliamentary or legislative records.
In sum, the Act as provided shows an accretive amendment pattern through references to later Commonwealth statutes and added provisions (notably s 57A) that create interfaces with new statutory bodies and regimes. The document itself is current to the extent that it embeds those cross‑references and additions; a specific chronological amendment history is not within the supplied text.
Litigation history
The supplied text of the Act contains no references to judicial decisions, reported cases, or litigation outcomes. It does not list any case law, nor does it reproduce extracts of judicial interpretation. The Act does include notes indicating interplay with other statutory regimes and references to provisions in other statutes that bear on potential legal disputes (for example, the note referencing termination under s 30 of the PGPA Act in relation to s 19). That cross‑referencing means that litigation involving the Commission could arise under the PGPA Act, the Sport Integrity Australia Act, trust law or ordinary constitutional or administrative law principles, but the Act itself provides no account of any such cases.
What is ascertainable from the text
No cases named: There are no case names, citations or summaries in the Act text provided. The Act therefore does not supply litigation authorities to interpret its provisions.
Litigation vectors implied by the Act: The Act’s structure does indicate several legal fault lines where disputes are possible: Ministerial directions and the Commission’s obligation to comply (s 11) may give rise to judicial review challenges to the exercise of ministerial power; procurement, contracting and loan approvals constrained by s 47 and s 46 may give rise to contractual or administrative disputes; the segregation of trust funds (s 52) and application of trust money only in accordance with trust terms could generate trust law litigation; and the overlap prohibition with Sport Integrity Australia (s 7(4A)) could create disputes about statutory boundaries. Likewise, the immunity in s 57 for acts done in good faith raises issues about the limits of that immunity where bad faith or ultra vires conduct is alleged.
Note‑referenced external litigation regimes: The Act’s incorporation of PGPA Act obligations and the notes referencing termination under s 30 of the PGPA Act suggest that litigation involving breaches of those duties could occur under the PGPA Act framework, but again the Act text contains no litigation history.
Practical consequence
For any practitioner seeking precedent or judicial interpretation, the Act itself does not provide case law and one must search external legal databases and public records for decisions concerning the Australian Sports Commission or related statutory provisions under the PGPA Act or other applicable statutes. The Act points to other statutes that likely generate litigation under their own terms, but the supplied text contains no narratives of litigation, no appellate history and no reported disputes.
In short, the Act as provided contains no litigation history. It signals several legal interfaces likely to produce judicial or tribunal disputes in practice, but no adjudications are recited or cited in this document.
Gotchas
The Act contains several provisions that create potential pitfalls in governance, finance, delegation, compliance and information handling. The following are concrete operational "gotchas" tied to specific sections in the text.
Ministerial direction, consultation and publication obligations (s 11)
The Minister’s power to give written directions is broad and the Commission must comply (s 11(1)). However, before issuing a direction the Minister must inform the Commission in writing that a direction is being considered and give the Chairperson an opportunity to discuss it (s 11(2)). The Minister must also publish each direction in the Gazette and lay it before each House of Parliament within 15 sitting days (s 11(3)). Gotcha: failure by the Minister to follow the required procedural steps could render a direction procedurally vulnerable; conversely, the Commission’s operational space can be substantially narrowed by directions which will be public and tabled in Parliament.
Functional overlap with Sport Integrity Australia (s 7(4A))
The Act mandates that the Commission’s functions may only be performed to the extent that they do not overlap with functions of the Chief Executive Officer of Sport Integrity Australia. Gotcha: program design and disciplinary or anti‑doping activities need careful legal mapping to avoid encroaching on Sport Integrity Australia’s statutory functions, and disputes about overlap may arise where roles are not clearly partitioned.
Disclosure and protected information (s 57A)
The Commission may disclose information to the CEO of Sport Integrity Australia where it relates to sports doping and safety matters or is otherwise relevant to the CEO’s functions; personal information so disclosed is to be taken as protected information under the Sport Integrity Australia Act (s 57A). Gotcha: the Commission must ensure any sharing of personal information aligns with privacy obligations and the statutory definition of “protected information” in the Sport Integrity Australia Act, and must manage records and confidentiality accordingly.
Borrowing limits vs credit arrangements (ss 46 and 8(1)(ma))
The Commission may not borrow except by a loan from the Commonwealth arranged by the Finance Minister (s 46), but the Act separately permits the Commission, despite s 46(2), to obtain goods or services on credit by use of a credit card (s 8(1)(ma)). Gotcha: while major borrowing is controlled by the Finance Minister, the credit card carve‑out permits routine procurement on credit; improper use of credit or treating credit card facilities as a substitute for proper loan approval mechanisms may breach financial rules or PGPA Act obligations.
Contract and lease approval thresholds (s 47)
The Commission must obtain the Minister’s written approval before entering contracts exceeding $500,000 or leases of land for ten years or more (s 47). Gotcha: step changes in procurement or long‑term property commitments beyond those thresholds require Ministerial consent; failing to secure approval or structuring arrangements to circumvent thresholds may contravene the Act.
Corporate and operational plan timings and approvals (ss 23, 26)
Corporate plans must be submitted to the Minister not less than three months before the commencement of the plan period (or a lesser period the Minister allows in special circumstances) and must be laid before Parliament after Ministerial approval (s 23). Operational plans for each financial year must be developed and approved by the Minister, who can require revisions and must give written reasons for requests (s 26(2)-(3)). Gotcha: tight timelines and required Ministerial approvals create the risk of delayed plan implementation or misalignment between the Commission’s program schedule and funded priorities; failing to obtain or align with Ministerial approval can create governance compliance issues.
Segregation and application of trust money (s 52)
Trust money must be kept in separate accounts and applied only in accordance with the trust terms or permitted investment rules (s 52). Gotcha: mixing trust and non‑trust funds is prohibited; failure to segregate trust monies can create legal liability and compromise donor or trust obligations.
Delegation limits (s 54)
The Commission may delegate many powers to members, committees, the Executive Director, the Director or staff, but may not delegate certain powers (for example sections 22, 23, 25, 26, 39 and subsections 28(1), 29(1) and 30(1)) (s 54). Gotcha: boards and executives must map which powers are non‑delegable and ensure delegations are validly made by resolution; incorrect delegation can render actions ultra vires.
Powers to establish committees, prepare corporate plans, vary corporate plans, approve operational plans, and appoint the Executive Director or Director cannot be delegated under s 54. Gotcha: these are board‑level decisions requiring formal member resolution and cannot be pushed down without a valid delegation.
Tax exemption subject to regulation (ss 50-51)
The Commission and the Foundation are exempt from tax unless regulations specify otherwise (ss 50(3), 51(3)). Gotcha: the exemptions are not absolute; subordinate regulations may limit tax immunity in particular contexts, so tax treatment must be verified against current regulations, not assumed automatic.
Personal liability protection scope (s 57)
Members, the Executive Director and the Director are immune from liability for acts or omissions done in good faith in performance or purported performance of functions (s 57). Gotcha: immunity covers good‑faith conduct, so negligent or bad‑faith conduct, or acts outside statutory powers, may not be protected. Immunity does not shield the entity itself from accountability or sanctions under other statutory regimes.
Australian Sports Foundation constraints (s 10)
The Foundation’s purpose is limited to raising money for sport and it is not authorised to do anything the Commission cannot do, except as necessary to perform functions in relation to the Commission (s 10(3)-(4)). Gotcha: donors, sponsors and the Foundation must ensure activities fall within these constraints; the Foundation is not a general purpose charity for unrelated activities beyond Commission functions.
Quorum and procedural decisions (s 21)
Five members constitute a quorum (s 21(7)(a)), and the presiding officer has a casting vote in event of equal votes (s 21(7)(c)). Decisions can also be made by signed documents if a majority including the Chair sign (s 21(8)). Gotcha: decision‑making by circulated documents is available but members with material personal interests must not sign to approve relevant resolutions (s 21(10)); failing to exclude conflicted members can invalidate resolutions.
Small maximum penalties in regulations (s 58)
Regulations may prescribe penalties not exceeding five penalty units for breaches of regulations concerning entry to Commission land or misuse of emblems (s 58(e)). Gotcha: statutory regulatory penalties under this Act are modest; more substantial sanctions for misconduct will need to be sought under other legal regimes.
Integration with PGPA Act obligations
The Act anchors the Commission’s corporate planning and reporting in the PGPA Act (s 23 note; s 27). Gotcha: compliance requires adherence to PGPA standards and reporting schedules; failure may trigger PGPA Act remedies rather than penalties under this Act.
These “gotchas” are concrete operational and legal friction points evident in the statutory text. Practitioners should map each against current ministerial policies, PGPA obligations, and applicable regulations when advising clients or preparing actions.
How to comply
Compliance under this Act is predominantly administrative and managerial, focused on planning, financial controls, ministerial engagement, reporting, delegation hygiene, and liaison with Sport Integrity Australia and other statutory regimes. The following concrete checklist maps statutory obligations to practical steps, with section references.
Corporate and operational planning (ss 23, 25-27)
Prepare corporate plans in accordance with the PGPA Act and submit them to the Minister for approval at least three months before the plan period, unless the Minister approves a shorter period (s 23(1)(a)). Ensure corporate plans are laid before both Houses of Parliament within 15 sitting days after Ministerial approval (s 23(1)(b)).
Draft annual operational plans that specify programs and resource allocations for each financial year tied to the corporate plan (s 26(1)). Submit operational plans to the Minister as soon as practicable and obtain written approval (s 26(4)).
If the Minister requests revisions, revise the operational plan and provide written reasons if the Minister determines the plan is inconsistent with the corporate plan,the Minister must give written reasons (s 26(2)-(3)). Keep records of approvals and ministerial correspondence.
Ensure Commission activities are carried out “to the extent practicable” in a manner consistent with corporate and operational plans (s 27). Document rationales where deviations occur and record approvals or Ministerial directions authorising departures.
Ministerial directions and engagement (s 11)
Implement a process for receiving and responding to Ministerial notices about proposed directions (s 11(2)), which includes internal briefings of the Chairperson and the opportunity to discuss proposed directions with the Minister.
Maintain a register of directions received, and ensure each direction is published in the Gazette and tabled before Parliament within 15 sitting days (s 11(3)). Coordinate communications, legal advice and operational adjustments following each direction.
Financial management and approvals (ss 43-47, 45)
Ensure all Commonwealth appropriations are correctly handled in accordance with the Finance Minister’s directions about amounts and timing (s 43(2)). Coordinate with the Finance Minister’s office regarding cash flow and drawdowns.
Part IIEstablishment, objects, functions and powers of the Commission
(3) All courts, judges and persons acting judicially shall take notice of the imprint of the common seal of the Commission appearing on a document and shall presume that the document was duly sealed.
6 Objects
6 Objects
(1) The objects of the establishment of the Commission are:
(a) to provide leadership in the development of sport in Australia;
(b) to encourage increased participation and improved performance by Australians in sport;
(c) to provide resources, services and facilities to enable Australians to pursue and achieve excellence in sport while also furthering their educational and vocational skills and other aspects of their personal development;
(d) to improve the sporting abilities of Australians generally through the improvement of the standard of sports coaches;
(e) to foster co‑operation in sport between Australia and other countries through the provision of access to resources, services and facilities related to sport; and
(f) to encourage the private sector to contribute to the funding of sport to supplement assistance by the Commonwealth.
(2) In this section, a reference to Australians includes a reference to persons who are ordinarily resident in Australia.
7 Functions
7 Functions
(1) The functions of the Commission are:
(a) to advise the Minister in relation to the development of sport;
(b) to co‑ordinate activities in Australia for the development of sport;
(c) to develop and implement programs that promote equality of access to, and participation in, sport by all Australians;
(d) to develop and implement programs for the recognition and development of:
(i) persons who excel, or who have the potential to excel, in sport; and
(ii) persons who have achieved, or who have the potential to achieve, standards of excellence as sports coaches, umpires, referees or officials essential to the conduct of sport;
(e) to initiate, encourage and facilitate research and development in relation to sport;
(f) to undertake research and development related to sports science and sports medicine;
(g) to provide sports medicine services and sports science services to persons participating in programs of the Commission;
(h) to establish, manage, develop and maintain facilities for the purposes of the Commission;
(j) to collect and distribute information, and provide advice, on matters related to the activities of the Commission;
(k) for the purpose of fostering co‑operation in sport between Australia and other countries, to provide access to persons from other countries to the resources, services and facilities of the Commission;
(m) to raise money through the Australian Sports Foundation, or by other means, for the purposes of the Commission;
(n) to administer and expend money appropriated by the Parliament, or raised in accordance with paragraph (m), for the purposes of the Commission;
(p) to consult and co‑operate with appropriate authorities of the Commonwealth, of the States and of the Territories, and with other persons, associations and organisations, on matters related to the activities of the Commission; and
(q) to provide advice on matters related to sport to the Australian Olympic Federation or other persons, bodies or associations; and
(r) to co‑operate with national and international sporting organisations in aiming to foster a sporting environment that is free from the unsanctioned use of performance enhancing drugs and doping methods.
(2) The functions of the Commission may be performed within or outside Australia.
(3) The Commission may perform any of its functions in co‑operation with a State or Territory or any person, association or organisation.
(4) Subject to subsection (4A) and section 11, the function of the Commission under paragraph (1)(q) may be performed at the discretion of the Commission.
(4A) The functions of the Commission may only be performed to the extent that they do not overlap any of the functions of the Chief Executive Officer of Sport Integrity Australia.
(5) The Commission may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:
(a) by way of expenditure of money that is available for the purposes of the Commission in accordance with an appropriation made by the Parliament;
(b) for purposes related to the collection of statistics;
(c) for purposes related to external affairs; and
(d) for purposes in relation to a Territory.
(6) In this section, Australian Olympic Federation means the Australian Olympic Federation Incorporated, being an association incorporated on 24 April 1985 under the Associations Incorporation Act 1985 of Victoria.
8 Powers
8 Powers
(1) The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may:
(a) enter into contracts; and
(b) acquire, hold and dispose of real or personal property; and
(c) occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Commission; and
(d) make grants or lend money, and provide scholarships or like benefits; and
(e) appoint agents and attorneys, and act as an agent for other persons; and
(f) engage persons to perform services for the Commission; and
(g) accept gifts, grants, bequests and devises made to the Commission (whether on trust or otherwise) and act as trustee of money or other property vested in the Commission on trust; and
(h) erect buildings and structures and carry out works; and
(j) obtain commercial sponsorship for the Commission and participate in marketing arrangements involving the endorsement by the Commission of products and services associated with sport; and
(k) arrange for the manufacture of, and distribute (whether by way of sale or otherwise), any article or thing bearing a mark, symbol or writing that is associated with the Commission; and
(m) provide (whether by sale or otherwise) goods and services to persons using, or otherwise attending at, facilities of the Commission; and
(ma) despite subsection 46(2), obtain goods or services on credit from any person by the use of a credit card; and
(n) do anything incidental to any of its powers.
(2) The Commission may charge such fees, or impose such charges, as are reasonable in respect of:
(a) access to, or use of, any of the resources or facilities of the Commission;
(b) the provision of programs, services, information or advice by the Commission; and
(c) the admission of persons to events and activities conducted by the Commission.
(3) The powers of the Commission may be exercised within or outside Australia.
9 Commission to operate under the name Australian Institute of Sport when performing certain functions
9 Commission to operate under the name Australian Institute of Sport when performing certain functions
The Commission shall, in connection with the performance of:
(a) its functions under paragraphs 7(1)(d), (f), (g) and (h); and
(b) such other of its functions (if any) as it considers appropriate;
operate under the name “Australian Institute of Sport”.
10 Australian Sports Foundation
10 Australian Sports Foundation
(1) As soon as practicable after the commencement of this Act, the Commission shall arrange for the name of the company known as the “Australian Sports Aid Foundation” (being the company that was incorporated in the Australian Capital Territory on 18 February 1986 under the Companies Act 1981 for the purpose of section 8 of the Australian Sports Commission Act 1985) to be changed to the “Australian Sports Foundation”.
(2) After the change of name of the company in accordance with subsection (1) the company is not authorised to change its name.
(3) The purpose of the company is to raise money for the development of sport in Australia.
(4) Except to the extent necessary for the performance of its functions in relation to the Commission, the company is not empowered to do anything that the Commission is not empowered to do.
11 Minister may give directions
11 Minister may give directions
(1) Subject to subsection (2), the Minister may give written directions to the Commission with respect to the policies and practices to be followed by the Commission in the performance of its functions, and the exercise of its powers, and the Commission shall comply with the directions.
(2) The Minister shall not give a direction to the Commission under subsection (1) unless the Minister:
(a) has informed the Commission, in writing, that the Minister is considering giving the direction; and
(b) has given the Chairperson an opportunity to discuss the need for the proposed direction with the Minister.
(3) The Minister shall cause a copy of each direction given under subsection (1):
(a) to be published in the Gazette as soon as practicable after giving the direction; and
(b) to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.
12 Access to facilities by individuals and community groups
12 Access to facilities by individuals and community groups
The Commission shall, to the extent that it is practicable to do so having regard to the objects for which it was established and its functions, allow individuals and groups within the community to have access to, and to make use of, the resources, services and facilities of the Commission, whether or not for purposes related to sport.
Part III Constitution and meetings of the Commission
Part III—Constitution and meetings of the Commission
13 Membership of Commission
13 Membership of Commission
(1) The Commission shall consist of:
(a) the Chairperson; and
(b) the Deputy Chairperson; and
(ba) the Secretary of the Department; and
(c) not fewer than 5 nor more than 10 other members.
(2) A member referred to in paragraph (1)(a), (b) or (c) shall be appointed by the Minister.
(3) A member referred to in paragraph (1)(a) or (b):
(a) may be appointed on a full‑time or part‑time basis; and
(b) holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(4) A member referred to in paragraph (1)(c):
(a) shall be appointed on a part‑time basis; and
(b) holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.
(6) The appointment of a member is not invalid because of a defect or irregularity in connection with the member’s appointment.
(7) The exercise of the powers, or the performance of the functions, of the Commission is not affected merely because:
(a) there is a vacancy in the office of Chairperson or Deputy Chairperson or the office of Secretary of the Department; or
(b) the number of persons appointed under paragraph (1)(c) falls below 5 for not longer than 3 months.
(8) A member holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined in writing by the Minister.
14 Leave of absence
14 Leave of absence
(1) A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may:
(a) if the Chairperson is appointed on a full‑time basis—grant to the Chairperson leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; or
(b) if the Chairperson is appointed on a part‑time basis—grant to the Chairperson leave to be absent from a meeting or meetings of the Commission.
(3) The Chairperson may:
(a) grant to a full‑time member, other than the Chairperson, leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chairperson determines; and
(b) grant to a part‑time member, other than the Chairperson, leave to be absent from a meeting or meetings of the Commission.
15 Resignation
15 Resignation
(1) The Chairperson may resign the office of Chairperson by writing signed by the Chairperson and delivered to the Minister.
(2) The Deputy Chairperson may resign the office of Deputy Chairperson by writing signed by the Deputy Chairperson and delivered to the Minister.
(3) An appointed member (other than the Chairperson or Deputy Chairperson) may resign his or her office by writing signed by the member and delivered to the Minister.
16 Outside employment
16 Outside employment
(1) A member appointed on a full‑time basis shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of the member.
(2) A member appointed on a part‑time basis shall not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.
17 Remuneration and allowances
17 Remuneration and allowances
(1) The Chairperson, the Deputy Chairperson and the other appointed members shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, an appointed member shall be paid such remuneration as is prescribed.
(2) An appointed member shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
19 Termination of appointment
19 Termination of appointment
(1) The Minister may terminate the appointment of an appointed member for misbehaviour or physical or me
This is an opening excerpt, not the complete document.