Australian Capital Territory
Cultural Facilities Corporation Act 1997
A1997-48
Republication No 15
Effective: 1 September 2016
Republication date: 1 September 2016
Last amendment made by A2016-52
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Cultural Facilities Corporation Act 1997 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
1 September 2016. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 1 September 2016.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Cultural Facilities Corporation Act 1997
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 What is a designated location? 2
Part 2 The corporation
Division 2.1 Establishment and functions of corporation
5 Establishment of corporation 4
6 Functions of corporation 4
7 Considerations for corporation exercising functions 5
8 Advisory committees 5
Division 2.2 Governing board of corporation
9 Establishment of governing board 6
Section 1 - Cultural Facilities Corporation Act 1997 - Cultural Facilities Corporation Act 1997 | Zoe
Contents
Page
contents 2 Cultural Facilities Corporation Act 1997
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10 Governing board members 6
11 Chief executive officer of corporation 6
Part 3 Corporation staff and consultants
12 Corporation’s staff 7
13 Consultants 7
Part 4 Miscellaneous
14 Ministerial directions 8
17 Regulation-making power 8
Schedule 1 Designated locations 9
Dictionary 10
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 15
5 Earlier republications 19
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Australian Capital Territory
Cultural Facilities Corporation Act 1997
An Act to establish the Cultural Facilities Corporation, and for related purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Cultural Facilities Corporation Act 1997.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms
defined elsewhere.
For example, the signpost definition ‘designated location—see
section 4.’ means that the term ‘designated location’ is defined in that
section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
4 What is a designated location?
(1) A location is a designated location if it is—
(a) a location mentioned in schedule 1; or
(b) a location declared by the Minister under subsection (2) to be a
designated location.
Preliminary Part 1
Section 4
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(2) The Minister may declare a location to be a designated location.
(3) A declaration under subsection (2) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
Part 2 The corporation
Division 2.1 Establishment and functions of corporation
Section 5
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Part 2 The corporation
Note for pt 2
The governance of territory authorities, including the corporation, is
regulated by the Financial Management Act 1996 (the FMA), pt 9 as
well as the Act that establishes them.
The FMA, pt 9 deals, for example, with the corporate status of territory
authorities and their powers, the make-up of governing boards, the
responsibilities of the governing board and board members, how
governing board positions can be ended, meetings of governing boards
and conflicts of interest.
Division 2.1 Establishment and functions of
corporation
5 Establishment of corporation
The Cultural Facilities Corporation is established.
Note The Legislation Act, dict, pt 1, defines establish as including continue
in existence.
6 Functions of corporation
The functions of the corporation are—
(a) to manage, develop, present, coordinate and promote cultural
activities at designated locations and other places in the ACT;
and
(b) to establish and research collections; and
(c) to conserve and exhibit collections in the possession or under
the control of the corporation; and
(d) to undertake activities, in cooperation with other people if
appropriate, to exercise its other functions; and
The corporation Part 2
Establishment and functions of corporation Division 2.1
Section 7
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(e) to exercise other functions given to the corporation under this
Act or another territory law.
Note A provision of a law that gives a function to an entity also gives the
entity the powers necessary and convenient to exercise the function (see
Legislation Act, s 196 and dict, pt 1, def entity).
7 Considerations for corporation exercising functions
In exercising its functions, the corporation must consider—
(a) any cultural policies or priorities of the Executive known to the
corporation; and
(b) other cultural activities in the ACT.
Note The corporation is also required to comply with applicable
governmental policies (see Financial Management Act 1996, s 103).
8 Advisory committees
(1) To assist the corporation in the exercise of its functions, the
corporation—
(a) must set up advisory committees for—
(i) museum collections; and
(ii) historic places; and
(iii) the performing arts; and
(b) may set up other advisory committees that the corporation
considers necessary.
(2) An advisory committee may decide how to exercise its functions.
(3) However, an advisory committee is subject to the direction of the
corporation in the exercise of its functions.
Part 2 The corporation
Division 2.2 Governing board of corporation
Section 9
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Division 2.2 Governing board of corporation
9 Establishment of governing board
The corporation has a governing board.
Note An appointment of a governing board member is an appointment under
this section (see Financial Management Act 1996, s 78 (7) (b)).
10 Governing board members
The governing board has 7 members.
Note 1 The chair and deputy chair of the governing board must be appointed
under the Financial Management Act 1996, s 79.
Note 2 The chief executive officer is a member of the governing board (see
Financial Management Act 1996, s 80 (4)).
11 Chief executive officer of corporation
The chief executive officer of the corporation must be a public
servant.
Note A chief executive officer must be appointed under the Financial
Management Act 1996, s 80 (3).
Corporation staff and consultants Part 3
Section 12
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Part 3 Corporation staff and
consultants
12 Corporation’s staff
(1) The chief executive officer may employ staff for the corporation on
behalf of the Territory.
(2) The corporation’s staff must be employed under the Public Sector
Management Act 1994.
Note The Public Sector Management Act 1994, div 8.2 applies to the chief
executive officer in relation to the employment of staff (see Public
Sector Management Act 1994, s 152).
13 Consultants
(1) The corporation may engage consultants.
(2) However, the corporation must not enter into a contract of
employment under this section.
Part 4 Miscellaneous
Section 14
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Part 4 Miscellaneous
14 Ministerial directions
(1) The Minister may direct the corporation, in writing, about the
exercise of its functions, either generally or for a particular matter.
(2) The corporation must give effect to the direction.
(3) The Minister must present a copy of a direction to the Legislative
Assembly within 5 sitting days after the day it is given to the
corporation.
(4) The Territory must pay to the corporation the reasonable costs of
complying with a direction.
(5) The amount payable under subsection (4) is—
(a) the amount agreed by the corporation and the Treasurer; or
(b) if the corporation and the Treasurer cannot agree—the amount
decided by the Chief Minister.
17 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
Designated locations Schedule 1
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Schedule 1 Designated locations
(see s 4)
column 1
item
column 2
designated locations
1 Canberra Theatre Centre
2 Canberra Museum and Gallery
3 Lanyon Historic Property
4 Calthorpes’ House
5 Nolan Gallery
6 Mugga Mugga (block 6, section 103, Symonston)
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
ACT
public servant
sitting day
under.
corporation means the Cultural Facilities Corporation established
under section 5.
cultural activities includes artistic, historical or other cultural
entertainments, displays and exhibitions.
designated location—see section 4.
governing board means the governing board of the corporation.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Cultural Facilities Corporation Act 1997 A1997-48
notified 19 September 1997 (Gaz 1997 No S264)
s 1, s 2 commenced 19 September 1997 (s 2 (1))
remainder commenced 1 November 1997 (s 2 (2) and Gaz 1997
No S325)
as amended by
Acts Revision (Taxation of Territory Authorities) Act 1998 A1998-35
sch pt 1
notified 14 October 1998 (Gaz 1998 No 41)
commenced 14 October 1998 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 95
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 95 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Taxation (Government Business Enterprises) Act 2003 A2003-12
sch 1 pt 1.2
notified LR 27 March 2003
s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2))
sch 1 pt 1.2 commenced 28 March 2003 (s 2 (2))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1
pt 1.10
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.10 commenced 13 April 2004 (s 2 and see Annual Reports
(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.14
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.14 commenced 2 June 2005 (s 2 (1))
Endnotes
Legislation history 3
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Financial Management Legislation Amendment Act 2005 A2005-52
sch 1 pt 1.7
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 January 2006 (s 2 (2))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.27
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.27 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.21
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.21 commenced 26 August 2008 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.49
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.49 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2012 A2012-21 sch 1 pt 1.1
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 1 pt 1.1 commenced 5 June 2012 (s 2 (1))
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.11
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.11 commenced 14 June 2013 (s 2)
Statute Law Amendment Act 2014 A2014-18 sch 1 pt 1.2
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2014 (s 2 (2))
Annual Reports (Government Agencies) Amendment Act 2015
A2015-16 sch 1 pt 1.5
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 1 pt 1.5 commenced 3 June 2015 (s 2)
Endnotes
3 Legislation history
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Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.20
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.20 commenced 1 September 2016 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Dictionary
s 2 om R1 LRA
ins A2005-20 amdt 3.107
Notes
s 3 am A2001-44 amdt 1.1014, amdt 1.1016
sub A2005-20 amdt 3.107
def Civic Square precinct om A2005-20 amdt 3.107
def corporation om A2005-20 amdt 3.107
def cultural activities om A2005-20 amdt 3.107
def designated location am A2001-44 amdt 1.1015
om A2005-20 amdt 3.107
def member om A2005-20 amdt 3.107
def plan om A2005-20 amdt 3.107
def Public Sector Management Act om A2005-20
amdt 3.107
What is a designated location?
s 3A renum as s 4
What is a designated location?
s 4 orig s 4 renum as s 5
(prev s 3A) ins A2001-44 amdt 1.1017
sub A2005-20 amdt 3.108
renum A2005-52 amdt 1.90
The corporation
pt 2 hdg sub A2005-20 amdt 3.109; A2005-52 amdt 1.91
Establishment and functions of corporation
div 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA
sub A2005-20 amdt 3.110
Establishment of corporation
s 5 orig s 5 renum as s 6
(prev s 4) sub A2005-20 amdt 3.111
renum A2005-52 amdt 1.92
Functions of corporation
s 6 hdg (prev s 5 hdg) sub A2005-20 amdt 3.112
s 6 orig s 6 sub A2005-20 amdt 3.115
om A2005-52 amdt 1.94
(prev s 5) am A2005-20 amdt 3.113, amdt 3.114
renum A2005-52 amdt 1.93
am A2012-21 amdt 1.1; pars renum R11 LA
Considerations for corporation exercising functions
s 7 sub A2005-20 amdt 3.116
am A2005-52 amdt 1.95
Endnotes
4 Amendment history
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Advisory committees
s 8 sub A2005-20 amdt 3.117
Governing board of corporation
div 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA
sub A2005-52 amdt 1.97
Establishment of governing board
s 9 om A2005-52 amdt 1.96
ins A2005-52 amdt 1.97
am A2008-28 amdt 3.76; A2013-19 amdt 3.78
Governing board members
s 10 am A2005-20 amdt 3.118, amdt 3.119
sub A2005-52 amdt 1.97
Chief executive officer of corporation
s 11 sub A2005-52 amdt 1.97
Meetings
div 2.3 hdg (prev pt 2 div 3 hdg) renum R2 LA
om A2005-52 amdt 1.97
Corporation staff and consultants
pt 3 hdg sub A2005-52 amdt 1.98
Chief executive officer
div 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA
om A2005-52 amdt 1.99
Staff and consultants
div 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA
om A2005-52 amdt 1.100
Corporation’s staff
s 12 orig s 12 om A2005-52 amdt 1.97
(prev s 19) am A2005-20 amdt 3.120
renum A2005-52 amdt 1.101
am A2007-3 amdt 3.136; A2011-22 amdt 1.152
sub A2016-52 amdt 1.61
Consultants
s 13 orig s 13 om A2005-52 amdt 1.97
(prev s 20) renum A2005-52 amdt 1.101
Miscellaneous
pt 4 hdg orig pt 4 hdg om A2005-52 amdt 1.102
(prev pt 5 hdg) renum A2005-52 amdt 1.103
Endnotes
Amendment history 4
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Ministerial directions
s 14 orig s 14 om A2005-52 amdt 1.97
(prev s 28) sub A2005-20 amdt 3.121
renum A2005-52 amdt 1.105
Quarterly reports
s 15 orig s 15 om A2005-52 amdt 1.97
(prev s 29) sub A2005-20 amdt 3.122
renum A2005-52 amdt 1.105
om A2014-18 amdt 1.3
Corporation’s annual report
s 16 orig s 16 om A2005-52 amdt 1.97
(prev s 30) sub A2004-9 amdt 1.13
renum A2005-52 amdt 1.105
om A2015-16 amdt 1.5
Regulation-making power
s 17 orig s 17 om A2005-52 amdt 1.99
(prev s 31) am A2005-20 amdt 3.123
renum A2005-52 amdt 1.105
Role
s 18 om A2005-52 amdt 1.99
Staff
s 19 renum as s 12
Consultants
s 20 renum as s 13
Definitions for pt 4
s 21 om A2005-52 amdt 1.102
Management focus
s 22 om A2005-52 amdt 1.102
Business plans
s 23 om A2005-52 amdt 1.102
Development of business plans
s 24 om A2005-52 amdt 1.102
Modification of business plans
s 25 om A2005-52 amdt 1.102
Application of Financial Management Act, pt 8
s 26 om A2005-52 amdt 1.102
Miscellaneous
pt 5 hdg renum as pt 4 hdg
Endnotes
4 Amendment history
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Provision of information
s 27 om A2005-52 amdt 1.104
Ministerial directions
s 28 renum as s 14
Quarterly reports
s 29 renum as s 15
Corporation’s annual report
s 30 renum as s 16
Liability for ACT taxes etc
s 30A ins A1998-35 sch pt 1
om A2003-12 amdt 1.2
Regulation-making power
s 31 renum as s 17
Vesting of assets
s 32 om A2005-52 amdt 1.106
Repeal of designated location declaration
s 33 om R1 LRA
ins A2005-20 amdt 3.124
exp 2 June 2005 (s 33 (2))
Repeal
s 34 om R1 LRA
Designated locations
sch 1 sub A2005-20 amdt 3.125
Appointment and terms and conditions of appointed members
sch 2 ss renum R5 LA
om A2005-52 amdt 1.107
Dictionary
dict ins A2005-20 amdt 3.126
am A2014-18 amdt 1.4
def Civic Square precinct ins A2005-20 amdt 3.126
om A2012-21 amdt 1.2
def corporation ins A2005-20 amdt 3.126
sub A2013-19 amdt 3.79
def cultural activities ins A2005-20 amdt 3.126
def designated location ins A2005-20 amdt 3.126
am A2005-52 amdt 1.108
def governing board ins A2005-52 amdt 1.109
def member ins A2005-20 amdt 3.126
om A2005-52 amdt 1.110