Part 2—Principles relating to the arts and creative industries 3
4 Principles relating to the arts and creative industries 3
5 Effect of this Part 3
Part 3—Administration 4
6 Functions of the Secretary 4
7 Chief Executive, Creative Victoria 4
8 Staff of Creative Victoria 4
9 Objectives of the Chief Executive 5
10 Functions and powers of the Chief Executive 5
11 Acting Chief Executive 6
12 Minister to prepare strategy for the arts and creative industries 7
Part 4—Repeal and transitional provisions 8
13 Definitions—Part 4 8
14 Repeal of Arts Victoria Act 1972 8
15 Arts Fund, Victorian Council of the Arts and position of Director, Arts Victoria abolished 8
16 Chief Executive succeeds Director, Arts Victoria 9
17 Transfer of records and information to the Chief Executive 9
═══════════════
Endnotes 10
1 General information 10
2 Table of Amendments 12
3 Amendments Not in Operation 13
4 Explanatory details 14
Version No.001
Creative Victoria Act 2017
No. 14 of 2017
Version as at
1 July 2017
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to recognise principles relating to the arts and creative industries in Victoria; and
(b) to provide functions of the Secretary to the Department of Economic Development, Jobs, Transport and Resources relating to the arts and creative industries; and
(c) to establish the office of the Chief Executive, Creative Victoria; and
(d) to provide for the preparation of a strategy for the arts and creative industries; and
(e) to repeal the Arts Victoria Act 1972.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 October 2017, it comes into operation on that day.
3 Definitions
In this Act—
Chief Executive means the Chief Executive, Creative Victoria appointed under section 7;
Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources.
Part 2—Principles relating to the arts and creative industries
4 Principles relating to the arts and creative industries
(1) The Parliament recognises that—
(a) the arts have an intrinsic value that contributes to the cultural depth, diversity and life of Victoria; and
(b) the arts and creative industries contribute significantly to Victoria's wealth and prosperity.
(2) The Parliament further recognises that—
(a) the arts and creative industries are means to improve the quality of life for all individuals in Victoria and improve the community of Victoria as a whole; and
(b) all individuals in Victoria are equally entitled to access opportunities and participate in and contribute to the arts and creative industries in Victoria; and
(c) all individuals should be free to express their ideas and opinions through the arts and creative industries.
5 Effect of this Part
The Parliament does not intend by this Part to create in any person any legal right or to give rise to any civil cause of action.
Part 3—Administration
6 Functions of the Secretary
The Secretary has the following functions under this Act—
(a) to provide advice to the Minister relating to the arts and creative industries;
(b) to direct, support, approve and guide the development of policy and activities by the Chief Executive relating to the arts and creative industries;
(c) to provide to the Chief Executive the staff, resources and other support necessary for the performance of the Chief Executive's functions under this Act.
7 Chief Executive, Creative Victoria
(1) The Secretary must appoint a person to be the Chief Executive, Creative Victoria.
(2) The Chief Executive is employed under Part 3 of the Public Administration Act 2004.
(3) The Chief Executive—
(a) holds office for the term, not exceeding 5 years, that is specified in the instrument of appointment; and
(b) holds office on the terms and conditions specified in the instrument of appointment; and
(c) is eligible for re-appointment as Chief Executive.
8 Staff of Creative Victoria
There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for the administration of this Act.
9 Objectives of the Chief Executive
The objectives of the Chief Executive are—
(a) to improve the knowledge, understanding, appreciation and practice of the arts in Victoria; and
(b) to encourage and assist the growth and impact of the arts and creative industries; and
(c) to promote and improve access to and participation in the arts and creative industries; and
(d) to encourage and assist the provision of facilities for the development, performance and display of the arts and creative industries; and
(e) to support and promote the practice of Aboriginal and Torres Strait Islander arts in Victoria.
10 Functions and powers of the Chief Executive
(1) The Chief Executive has the following functions—
(a) to investigate and promote the social, cultural and economic benefits of the arts and creative industries in Victoria;
(b) to develop policy, including the provision of research, reporting and advice, relating to the objectives of the Chief Executive for the consideration and approval of the Minister and the Secretary;
(c) to develop and implement actions to achieve the objectives of the Chief Executive under this Act;
(d) to inform the Minister and the Secretary of significant developments relating to the arts and creative industries;
(e) to consult with bodies and people in the arts and creative industries to understand the opportunities and challenges facing them and to develop strategies to respond to these opportunities and challenges;
(f) to oversee the governance arrangements of statutory and State-owned arts bodies and companies;
(g) to develop and maintain partnerships with community and philanthropic organisations, representative and peak bodies and government bodies, at local, state and federal level.
(2) The Chief Executive has power to do all things necessary or convenient to be done for, or in connection with, carrying out the objectives of the Chief Executive and performing the functions of the Chief Executive.
(3) In performing functions and exercising powers under this Act, the Chief Executive is subject to the control and direction of the Secretary.
(4) The Chief Executive must report to the Secretary on all matters relating to the performance of functions and the exercise of powers by the Chief Executive under this Act.
11 Acting Chief Executive
(1) The Secretary may appoint a person to act in the office of the Chief Executive, for a term not exceeding 6 months, during a vacancy in the office of the Chief Executive.
(2) The appointment of an Acting Chief Executive is on the terms and conditions specified in the instrument of appointment.
(3) An Acting Chief Executive has all the powers and functions of the Chief Executive.
12 Minister to prepare strategy for the arts and creative industries
(1) The Minister must ensure that a strategy for the arts and creative industries is prepared no later than 1 September in every fourth year after this section comes into operation.
(2) A strategy for the arts and creative industries must—
(a) identify the key strategies for the arts and creative industries in Victoria; and
(b) review whether the strategies identified under paragraph (a) effectively—
(i) improve the knowledge, understanding, appreciation and practice of the arts in Victoria; and
(ii) encourage and assist the growth and impact of the arts and creative industries; and
(iii) promote and improve access to and participation in the arts and creative industries; and
(iv) encourage and assist the provision of facilities for the development, performance and display of the arts and creative industries; and
(v) support and promote the practice of Aboriginal and Torres Strait Islander arts in Victoria.
Part 4—Repeal and transitional provisions
13 Definitions—Part 4
In this Part—
Arts Fund means the Arts Fund established by section 9 of the Arts Victoria Act 1972;
commencement day means the day that this Part comes into operation;
Director means the Director, Arts Victoria employed in accordance with section 7
of the Arts Victoria Act 1972;
Victorian Council of the Arts means the Victorian Council of the Arts established under section 11 of the Arts Victoria Act 1972.
14 Repeal of Arts Victoria Act 1972
The Arts Victoria Act 1972 is repealed.
15 Arts Fund, Victorian Council of the Arts and position of Director, Arts Victoria abolished
On the commencement day—
(a) the Arts Fund is abolished and all money forming part of the Arts Fund immediately before that day becomes part of the Consolidated Fund; and
(b) the Victorian Council of the Arts is abolished and any person appointed to be a member of the Victorian Council of the Arts ceases to hold office; and
(c) any person employed as the Director ceases to be employed in that position.
16 Chief Executive succeeds Director, Arts Victoria
(1) On the commencement day, the Chief Executive is, by force of this section, substituted for the Director as a party to any arrangement or contract—
(a) entered into by or on behalf of the Director as a party; and
(b) that is in force immediately before that day.
(2) A reference to the Victorian Council of the Arts or the Director in any Act (other than this Act), subordinate instrument, agreement, deed or other document must be construed as a reference to the Chief Executive—
(a) so far as the reference relates to any period on or after the commencement day; and
(b) if not inconsistent with the subject matter.
17 Transfer of records and information to the Chief Executive
All information, documents, reports, records and equipment in the possession or control of the Victorian Council of the Arts or the Director immediately before the commencement day—
(a) must be transferred to the custody of the Chief Executive as soon as practicable after the commencement day; and
(b) are taken to be information, documents, reports, records and equipment in the possession or control of the Chief Executive on and from the commencement day.
═══════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 November 2016
Legislative Council: 7 February 2017
The long title for the Bill for this Act was "A Bill for an Act to establish the office of the Chief Executive, Creative Victoria, to repeal the Arts Victoria Act 1972 and for other purposes."
The Creative Victoria Act 2017 was assented to on 10 May 2017 and came into operation on 1 July 2017: Special Gazette (No. 206) 20 June 2017 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Creative Victoria Act 2017 by Acts and subordinate instruments.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.