What it does
The Entertainment Industry Act 2013 (NSW) establishes a comprehensive conduct and transparency regime for intermediaries in the NSW entertainment industry. At its core it replaces the licensing system that existed under the repealed Entertainment Industry Act 1989 with a set of direct statutory obligations, supported by record-keeping, financial controls, a mandatory code of conduct, and a tiered enforcement pyramid.
Part 2 is the operational heart of the statute. Division 1 defines a performer representative (s 5) as any person who, for financial benefit, provides any of six enumerated services to a performer: procuring work opportunities, negotiating performance terms, finalising payment arrangements, negotiating attendance, administering performer-hirer agreements, or organising publicity. The definition expressly excludes pure employees of such representatives. These representatives are subject to stringent money-handling rules. Section 6 mandates that money received on behalf of a performer must be held exclusively for that performer and, if not paid immediately, deposited into a general trust account at an authorised deposit-taking institution in NSW. Disbursement must occur within 14 days as directed by the performer (s 6(2)(b)). Accounting records must disclose the true position at all times, be kept at the principal place of business, and comply with regulations (s 6(4)–(6)). Breach of most of these provisions (other than the 14-day disbursement rule) is a strict offence carrying 75 penalty units (s 6(7)).
Section 7 imposes a parallel obligation on any entertainment industry representative who receives money to issue financial statements promptly to the performer, any other representative involved, and the hirer. The content of these statements is prescribed in detail: method of payment, itemised deductions for the representative’s fee, expenses, dates of performances, business name, ACN and ABN where applicable. Failure to provide the statement triggers a civil penalty not exceeding $10,000 (note to s 7(4) and s 43).