9Corporate plan

9 Corporate plan (1) The Heritage Council must prepare a corporate plan for each financial year. (2) The Heritage Council must give a copy of a proposed corporate plan to the Minister on or before 31 May in each year, or by another date specified by the Minister. (3) The proposed corporate plan must include— (a) the Heritage Council's objectives and priorities over the next financial year; and (b) the main undertakings of the Heritage Council; and (c) the nature and scope of the activities to be undertaken by the Heritage Council; and (d) estimates of the Heritage Council's revenue and expenditures and overall financial position for each of the next 3 financial years, and for the end of that period; and (e) the performance targets and other measures by which the performance of the Heritage Council may be assessed in relation to its stated objectives; and (f) such other matters as may be agreed on by the Minister and the Heritage Council. (4) The Minister may specify— (a) the type and format of the information required to be included in a proposed corporate plan under subclause (3)(d); and (b) the kind of information to be provided to the Minister by the Heritage Council during the course of each of the next 3 financial years, including the information to be included in each report of operations under the **Financial Management Act 1994**. (5) The Heritage Council must consider any comments on a proposed corporate plan made by the Minister within one month of the plan being provided to the Minister under subclause (2). (6) The Heritage Council must— (a) consult in good faith with the Minister following any comments made by the Minister in respect of a proposed corporate plan; and (b) make any changes to the plan as are agreed between the Minister and the Heritage Council; and (c) give the completed plan to the Minister for approval within 3 months of giving the proposed plan to the Minister. (7) An approved corporate plan may be amended at any time by agreement of the Heritage Council and the Minister. 10 Public availability of corporate plan (1) The Heritage Council must publish a copy of its current corporate plan on its website. (2) The Heritage Council must ensure that the corporate plan is included in its report of operations under the **Financial Management Act 1994**. 11 Changes to corporate plan at the direction of the Minister (1) The Minister, by written notice to the Heritage Council, may direct the Heritage Council to include any specified matters in or omit any specified matters from a corporate plan. (2) Before giving the direction under subclause (1) the Minister must consult with the Heritage Council as to the matters to be referred to in the notice. (3) The Heritage Council must comply with a direction under this clause. 12 Report of operations The Heritage Council must ensure that its report of operations under the **Financial Management Act 1994** includes— (a) the performance of its functions under this Act, including its performance in relation to the objectives and priorities set out in its current corporate plan; and (b) a report on the state of Victoria's cultural heritage; and (c) any other information required by the Minister. Division 4—Miscellaneous 13 Fees and allowances for members, alternate members and committee members of the Heritage Council (1) A member or alternate member of the Heritage Council is entitled to receive the fees, travelling and other allowances fixed by the Minister in respect of the member. (2) A committee member of the Heritage Council is entitled to receive the fees, travelling and other allowances approved by the Minister in respect of the member. 14 Disclosure of interests (1) A person to whom this clause applies must disclose at a meeting of the Heritage Council the nature of any direct or indirect pecuniary interest in— (a) a contract or proposed contract with the Heritage Council; or (b) a matter being considered or proposed to be considered by the Heritage Council. (2) A disclosure made under subclause (1) must be made as soon as practicable after the relevant facts have come to the person's knowledge. (3) A person who makes a disclosure must not— (a) take any further part in any consideration or discussion of the contract, proposed contract or other matter; or (b) take part in any vote on the contract, proposed contract or other matter; or (c) be counted for the purposes of a quorum. (4) A person who makes a full and accurate disclosure under subclause (1) and complies with subclause (3)(a) and (b) is not in breach of any duty owed by the person to the Heritage Council by reason of the person's pecuniary interest in the contract, proposed contract or other matter in respect of which the disclosure was made. (5) A disclosure must be recorded in the minutes of the meeting at which it is made. (6) This clause does not apply to a pecuniary interest which is held as a member in common with other members of a company which has at least 20 members. (7) In this clause— ***a person to whom this clause applies*** means— (a) a member of the Heritage Council; or (b) a member of a committee of the Heritage Council; or (c) the Executive Director. 15 No pecuniary interest in certain circumstances A member of the Heritage Council does not have any direct or indirect pecuniary interest by reason only of the fact that— (a) the member has been appointed from a list of names submitted by a body; and (b) that body has a direct or indirect pecuniary interest in a place or object which is the subject of a contract or proposed contract with the Heritage Council or in any other matter being considered or proposed to be considered by the Heritage Council. ═══════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 9 November 2016* *Legislative Council: 24 November 2016* The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments the **Heritage Act 1995** to provide for the protection and conservation of places and objects of cultural heritage significance, to establish a Victorian Heritage Register and a Heritage Inventory, to establish a Heritage Council, to create offences and other enforcement measures to protect and conserve cultural heritage and to establish a Heritage Fund and for other purposes." The **Heritage Act 2017** was assented to on 15 March 2017 and came into operation on 1 November 2017: section 2(2). 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 This publication incorporates amendments made to the **Heritage Act 2017** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Heritage Act 2017, No. 7/2017** | Assent Date: | 15.3.17 | | Commencement Date: | Ss 294(5), 309 on 1.11.17: s. 2(2) | | Note: | S. 309 repealed Pt 15 (ss 295–309) on 1.11.18; s. 294(5) provided that s. 294 expired on 1.11.19 | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | Commencement Date: | S. 390(Sch. 1 item 53) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 | **Heritage Amendment Act 2023, No. 5/2023** | Assent Date: | 28.3.23 | | Commencement Date: | Ss 4–104 on 1.2.24: s. 2(2) | **Statute Law Revision Act 2024, No. 13/2024** | Assent Date: | 23.4.24 | | Commencement Date: | S. 3(Sch. 1 item 8) on 24.4.24: s. 2 | **Commercial and Industrial Property Tax Reform Act 2024, No. 16/2024** | Assent Date: | 21.5.24 | | Commencement Date: | Ss 58, 59 on 1.7.24: s. 2 | **Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, No. 43/2025** | Assent Date: | 13.11.25 | | Commencement Date: | Ss 75, 76 on 14.11.25: s. 2(1) | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.