South Australia act

South Australian Country Arts Trust Act 1992

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South Australia

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Establishes the South Australian Country Arts Trust as a Crown corporate body to support, manage and promote country arts. It gives the Trust powers to contract, run venues and touring programs, sell tickets, accept gifts and control official insignia. Governance and controls: the Governor appoints members, the Minister has general control but cannot direct artistic content (s9), and the Treasurer must approve certain financial transactions (s12C(3)). The Trust must submit budgets for Ministerial approval and deliver audited annual reports (ss14–16). Costs fall on public funding, donors and users; compliance requires reporting, delegated authorities and authorised‑officer powers (Part 3).

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What it does

The Act creates and governs the South Australian Country Arts Trust (the Trust). It establishes the Trust as a corporate statutory body and instrumentality of the Crown with perpetual succession and a common seal, capable of suing and being sued and holding property on behalf of the Crown (s4(1)-(2)(a)-(d)). The Act sets out the Trust’s membership and governance arrangements, including appointment by the Governor, composition requirements, terms, removal grounds and meeting procedures (ss5-7). It defines the Trust’s functions as adviser, advocate and manager for country arts, and authorises the Trust to provide ticketing services, premises, touring programs, information services and other listed functions (s12B). The Act gives the Trust broad powers comparable to a natural person, with affirmative examples such as entering contracts, acquiring or disposing of property and intellectual property, conducting venues and charging admission, obtaining sponsorship and borrowing subject to Treasurer approval where specified (s12C(1)-(3)).

The statute divides operational responsibilities between the Trust and an employing authority. The employing authority, designated by proclamation, employs staff to perform functions connected with the Trust and determines their terms and conditions; the Trust itself has no power to employ staff (s3 definition, s13(1)-(3), s13(11)). Financial controls are specified: the Trust must prepare budgets for Minister approval, is generally restricted from spending outside approved budgets except for testamentary or other gifts, must keep accounting records in accordance with Treasurer and Auditor‑General directions, and must provide audited annual statements and reports to the Minister for parliamentary tabling (ss14-16, s15(2)-(3)).

Operational enforcement features include appointment of authorised officers with powers to require names, exclude persons from Trust premises, seize goods marked with official insignia and use reasonable force in certain circumstances (ss17-18, 23). The Act declares official titles and logos to be proprietary to the Trust and prohibits unconsented commercial use, with civil remedies and criminal penalties for contraventions (ss20-22). The Governor may make regulations to manage behaviour and use of Trust premises, including parking and admission rules, with prescribed penalties (s27). The Treasurer and Minister retain oversight roles through approval and direction powers that are subject to enumerated limits, for example where the Minister cannot direct artistic content (s9(1)-(2); s12C(3); s26).

Current sections

Direct links to the current provisions in South Australian Country Arts Trust Act 1992.

South Australian Country Arts Trust Act 1992

South Australia South Australian Country Arts Trust Act 1992 An Act to establish the South Australian Country Arts Trust and define its functions and powers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—South Australian Country Arts Trust Division 1—Establishment of Trust 4 Establishment of Trust Division 2—Membership, proceedings etc 5 Composition of Trust 6 Conditions of membership 7 Proceedings 8 Validity of acts 9 Ministerial control Division 3—Committees and delegation 10 Committees 11 Delegation Division 4—Conflict of interest under Public Sector (Honesty and Accountability) Act 12 Conflict of interest under Public Sector (Honesty and Accountability) Act Division 5—Common seal and execution of documents 12A Common seal and execution of documents Division 6—Functions and powers of Trust 12B Functions 12C Powers Division 7—Staffing arrangements 13 Staffing arrangements Division 8—Financial matters and annual reports 14 Annual budget 15 Accounts and audit 16 Annual report Part 3—Authorised officers 17 Appointment of authorised officers 18 Powers of authorised officers 19 Hindering etc authorised officers Part 4—Official insignia 20 Interpretation 21 Official titles and logos 22 Unlawful use of official insignia 23 Seizure etc of goods marked with official insignia Part 5—Miscellaneous 24 Gifts etc 25 Ministerial delegation 26 Approvals by Treasurer 27 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Country Arts Trust Act 1992. 3—Interpretation (1) In this Act, unless the contrary intention appears— authorised officer—see Part 3; employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition; member means member of the Trust; occupy, in relation to premises, means have, or be entitled to, possession or control of the premises; official insignia—see Part 4; premises of the Trust means premises owned or occupied by the Trust; proclaimed region means an area declared by proclamation as a region for the purposes of this Act; promote, in relation to an event or activity, includes organise, commission, fund, support, market, advertise or act as project manager; Trust means the South Australian Country Arts Trust established under this Act. (2) A proclamation made for the purposes of the definition of employing authority— (a) may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and (b) may, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation. (3) The Governor may, by proclamation— (a) declare a specified area to be a region for the purposes of this Act; or (b) vary or revoke a proclamation under paragraph (a). Part 2—South Australian Country Arts Trust Division 1—Establishment of Trust 4—Establishment of Trust (1) The South Australian Country Arts Trust is established. (2) The Trust— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) is an instrumentality of the Crown and holds its property on behalf of the Crown; and (e) has the functions and powers assigned or conferred under this or any other Act. Division 2—Membership, proceedings etc 5—Composition of Trust (1) The Trust will consist of not more than 9 members appointed by the Governor, of whom— (a) 1 will be selected from a panel of persons nominated by the Local Government Association of South Australia; (b) 5 will be nominated by the Minister to represent proclaimed regions; and (c) the remainder will be nominated by the Minister. (2) At least 2 members must be women and at least 2 must be men. (3) The Governor will appoint 1 of the members to be the presiding member. (4) The Governor may appoint a suitable person to be a deputy of a member (being a person nominated by the body or person who nominated the member) and the deputy may perform or exercise the functions and powers of the member in the member's absence. (5) A person is not eligible to be appointed to represent a proclaimed region unless the person resides in the region. 6—Conditions of membership (1) A member will be appointed for a term not exceeding 3 years and on conditions determined by the Governor and specified in the instrument of appointment. (2) A member will, at the expiration of a term of appointment, be eligible for reappointment (subject to the qualification that a person cannot serve as a member for more than 9 consecutive years). (3) The Governor may remove a member from office— (a) for misconduct; or (b) for failure or incapacity to carry out the duties of his or her office satisfactorily; or (c) for contravention of a condition of his or her appointment; or (d) if serious irregularities have occurred in the conduct of the Trust's affairs or the Trust has failed to carry out its functions satisfactorily and its membership should, in the opinion of the Governor, be reconstituted for that reason. (4) The office of a member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (e) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Trust; or (f) is absent without leave of the presiding member of the Trust from 3 consecutive meetings of the Trust; or (g) is removed from office under subsection (3). (5) On the office of a member becoming vacant, a person may be appointed in accordance with this Division to the vacant office. (6) A member of the Trust is entitled to fees, allowances and expenses determined by the Governor. 7—Proceedings (1) A quorum of the Trust consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) In the absence of the presiding member from a meeting of the Trust, a member chosen by the members present at the meeting will preside. (3) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Trust. (4) Each member present at a meeting of the Trust has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (5) A conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Trust at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Trust for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A proposed resolution of the Trust becomes a valid decision of the Trust despite the fact that it is not voted on at a meeting of the Trust if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Trust; and (b) a majority of the members expresses concurrence in the proposed resolution by letter, fax or other written communication setting out the terms of the resolution. (7) The Trust must meet at least 6 times in each year. (8) The Trust must have accurate minutes kept of its proceedings. (9) Subject to this Act, the Trust may determine its own procedures. (10) Subject to the directions of the Trust and section 10, this section applies to a committee of the Trust in the same way as to the Trust. 8—Validity of acts An act or proceeding of the Trust or a committee of the Trust is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 9—Ministerial control (1) Subject to subsection (2), the Trust is subject to the general control and direction of the Minister. (2) No Ministerial direction can be given— (a) as to the artistic nature or content of— (i) objects, works or collections held or promoted by the Trust; or (ii) performances or other events or activities conducted or promoted by the Trust; or (b) as to the manner in which the Trust is to deal with a testamentary or other gift; or (c) as to any advice or recommendation that the Trust makes or is required to make to the Minister. Division 3—Committees and delegation 10—Committees (1) The Trust may establish such committees (including advisory committees or subcommittees) as the Trust thinks fit. (2) The membership and conditions of membership of a committee will be determined by the Trust and may, but need not, consist of, or include, members of the Trust. (3) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Trust; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 11—Delegation (1) The Trust may delegate a function or power of the Trust under this Act (other than this power of delegation) to any person or committee or other body (including a person for the time being performing particular duties or holding or acting in a specified position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) A delegate must not act pursuant to the delegation in any matter in which the delegate has a direct or indirect pecuniary or personal interest. Maximum penalty: $10 000 or imprisonment for 2 years. (5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter. (6) In legal proceedings, an apparently genuine certificate, purportedly signed by the Trust containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. Division 4—Conflict of interest under Public Sector (Honesty and Accountability) Act 12—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Trust will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the arts industry generally, or a substantial section of those engaged in or associated with the arts industry. Division 5—Common seal and execution of documents 12A—Common seal and execution of documents (1) The common seal of the Trust must not be affixed to a document except in pursuance of a decision of the Trust and the fixing of the seal must be attested by the signatures of 2 members of the Trust. (2) The Trust may, by instrument under the common seal of the Trust, authorise a person or persons (whether nominated by name or by office or title) to execute documents on behalf of the Trust subject to conditions and limitations (if any) specified in the instrument of authority. (3) Without limiting subsection (2), the Trust may authorise 2 or more persons to execute documents jointly on behalf of the Trust. (4) A document is duly executed by the Trust if— (a) the common seal of the Trust is affixed to the document in accordance with this section; or (b) the document is signed on behalf of the Trust by a person or persons in accordance with authority conferred under this section. (5) If an apparently genuine document purports to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the common seal of the Trust was duly affixed to the document. Division 6—Functions and powers of Trust 12B—Functions The functions of the Trust are— (a) to advise the Minister on matters of policy related to country arts; and (b) to act as an advocate for country arts; and (c) to manage the development of country arts; and (d) to establish and maintain an information service for country arts; and (e) to develop and manage programs for the touring of country arts activities within the State or within or outside of the State; and (f) to provide, manage and control premises and facilities for country arts; and (g) to evaluate and be responsible for the financial and artistic performance of country arts activities funded by the Trust; and (h) to provide ticketing services for productions or events of any kind staged or promoted by the Trust or any other person; and (i) to carry out any other functions assigned to the Trust under this or any other Act or by the Minister. 12C—Powers (1) The Trust has, in addition to any other powers conferred on it under this or any other Act, all the powers of a natural person. (2) The Trust may, for example, do any 1 or more of the following (subject to this Act): (a) engage agents, consultants or other contractors; (b) enter into contracts or agreements with artists, performers, entertainers and other persons involved in the arts, or employ such persons; (c) enter into other contracts, agreements or arrangements; (d) acquire, hold, take on hire, lend, exchange or dispose of objects, works or collections of artistic, historical or cultural interest; (e) acquire, hold, deal with or dispose of— (i) licences; or (ii) intellectual property (including patents and copyright); or (iii) any other property (whether real or personal); or (iv) any interest in such property; (f) accept grants or obtain financial sponsorship from any person or body; (g) carry on advertising and promotional activities; (h) conduct events and establish, operate, manage or make available venues and other facilities (including facilities for food and liquor) on premises of the Trust; (i) regulate and control admission to any venue for any events or activities conducted or promoted by the Trust, and charge and collect fees for admission to any such venue; (j) grant for fee or other consideration advertising or sponsorship rights or other rights, licences or concessions in connection with events or activities conducted or promoted by the Trust; (k) publish or produce books, programs, brochures, films, souvenirs and other information or things relating to events or activities conducted or promoted by the Trust; (l) sell or supply food and drink (including liquor), books, programs, brochures, films, souvenirs and other things in connection with events or activities conducted or promoted by the Trust; (m) grant or dispose of rights to televise, broadcast or record any events or activities conducted or promoted by the Trust; (n) restrict, control and make charges for the use of official insignia; (o) take out policies of insurance in its own right or on behalf of the State; (p) participate (whether as a member or otherwise) in, or otherwise be involved in the activities of, national or international organisations or associations involved in the arts, or the promotion of the arts; (q) give or contribute towards prizes in competitions designed to encourage artistic or cultural or performing arts activity within the State or make grants and give other assistance for such purposes; (r) enter into any partnership or joint venture arrangement; (s) form, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside of the State; (t) borrow money and obtain other forms of financial accommodation; (u) act as trustee on behalf of another person in connection with the performance of its functions under this Act. (3) However, the Trust must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(s) or (t). (4) The Trust is not obliged to accept or keep material that is not, in its opinion, of sufficient artistic, historical, cultural or other interest to justify its collection or preservation under this Act. (5) The Trust may exercise its powers within or outside of the State. Division 7—Staffing arrangements 13—Staffing arrangements (1) The employing authority may employ staff to perform functions in connection with the operations or activities of the Trust. (2) The terms and conditions of employment of a person under subsection (1) will be determined by the employing authority. (3) A person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009). (4) The employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of a public sector agency specified by the employing authority (and the person must comply with that direction). (5) The employing authority is, in acting under this section, subject to direction by the Minister. (6) However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person. (7) The employing authority may delegate a power or function under this section. (8) A delegation under subsection (7)— (a) must be by instrument in writing; and (b) may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and (c) may be unconditional or subject to conditions; and (d) may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and (e) does not derogate from the power of the employing authority to act personally in any matter; and (f) may be revoked at any time by the employing authority. (9) A change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section. (10) The Trust must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities). (11) The Trust does not have the power to employ any person. (12) The Trust may, under an arrangement established by the Minister administering an administrative unit, make use of the services or staff of that administrative unit. (13) In this section— public sector agency has the same meaning as in the Public Sector Act 2009. Division 8—Financial matters and annual reports 14—Annual budget (1) The Trust must, from time to time, prepare and submit to the Minister a budget for the next financial year or for some other period determined by the Minister. (2) The budget must set out estimates of the Trust's receipts and expenditures for the period to which the budget relates. (3) The budget must conform with any requirements of the Minister as to its form and the matters to be addressed by the budget. (4) The Minister may approve a budget submitted under this section with or without modification. (5) Subject to subsection (6), the Trust must not, without the consent of the Minister, make an expenditure that is not provided for by a budget that has been approved by the Minister under this section. (6) The Trust is not required to have the approval of the Minister with respect to the expenditure of money received by the Trust by way of a testamentary or other gift. 15—Accounts and audit (1) The Trust must cause proper accounting records to be kept in relation to the financial affairs of the Trust, and must have annual statements of account prepared in respect of each financial year. (2) The accounting records and the statements of account must comply with— (a) any instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987; and (b) any further requirements imposed by the Auditor‑General. (3) The Auditor‑General may at any time audit the accounts of the Trust and must audit the annual statements of account. 16—Annual report (1) The Trust must, on or before 30 September in every year, forward to the Minister a report on the work and operations of the Trust for the preceding financial year. (2) The report must contain the audited statements of account of the Trust for the preceding financial year. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. Part 3—Authorised officers 17—Appointment of authorised officers (1) The Minister may appoint persons to be authorised officers for the purposes of this Act. (2) Each police officer is an authorised officer for the purposes of this Act. (3) An appointment under subsection (1) may be made subject to conditions or limitations specified in the instrument of appointment (and the exercise by an authorised officer of powers conferred under this Act is subject to the conditions and limitations (if any) specified in his or her instrument of appointment). (4) An authorised officer other than a police officer must be issued with an identity card— (a) containing the person’s name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act; and (c) stating any conditions or limitations on the authorised officer’s authority. (5) An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for inspection by the person— (a) in the case of an authorised officer appointed under subsection (1)—his or her identity card; and (b) in the case of an authorised officer who is a police officer and is not in uniform—his or her certificate of authority. (6) If a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must immediately return the identity card to the Minister. Maximum penalty: $250. 18—Powers of authorised officers (1) If an authorised officer reasonably suspects that a person, while on premises of the Trust, has committed, is committing or is about to commit an offence against this or any other Act, the authorised officer may do any 1 or more of the following: (a) require the person to state his or her full name and usual place of residence; (b) if the authorised officer suspects on reasonable grounds that the name or place of residence stated is false—require the person to produce evidence of his or her full name or usual place of residence; (c) require the person to leave those premises immediately and not to return for a stated period (not exceeding 24 hours) or not to enter those premises; (d) if the person refuses or fails to comply with a requirement under paragraph (c)—use such force as is reasonably necessary for the purpose of removing or excluding the person from those premises; (e) cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable. (2) An authorised officer may also— (a) require a person to surrender any object, substance or thing that the authorised officer reasonably suspects has been, is being, or is about to be, used on premises of the Trust in contravention of this Act; and (b) give such directions to persons on premises of the Trust that the authorised officer considers necessary for— (i) the maintenance of good order, the prevention of interference with events or other activities, or the safe and efficient regulation of vehicular or pedestrian traffic, on those premises; or (ii) the protection of property under the care or control of the Trust; and (c) use such force as may reasonably be required— (i) for the purpose of removing or excluding from premises of the Trust a person who refuses or fails to comply with a requirement or direction under this section; or (ii) for the purposes of seizing goods under section 23; and (d) exercise any other prescribed power. (3) An authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances. (4) For the purposes of this section, a reference to premises of the Trust includes a reference to a part of those premises. 19—Hindering etc authorised officers (1) A person who— (a) without reasonable excuse hinders or obstructs an authorised officer; or (b) fails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or (c) produces a document that he or she knows, or ought to know, is false or misleading in a material particular; or (d) fails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or (e) uses abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or (f) falsely represents, by words or conduct, that he or she is an authorised officer, is guilty of an offence. Maximum penalty: $2 500. (2) A person is not obliged to answer a question or to produce a document as required under this Act if to do so might tend to incriminate the person or make the person liable to a penalty. Part 4—Official insignia 20—Interpretation (1) In this Part— official insignia means— (a) an official title (declared under section 21); or (b) a logo (declared under section 21); or (c) a combination of the above. (2) For the purposes of this Part, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with— (a) the goods; or (b) any covering or container in which the goods are wholly or partly enclosed; or (c) anything placed in or attached to any such covering or container; or (d) anything that is attached to the goods or around which the goods are wrapped or wound. 21—Official titles and logos (1) The following are declared to be official titles: (a) South Australian Country Arts Trust; (b) Country Arts SA. (2) The Minister may, by notice in the Gazette— (a) declare some other name under which the Trust may conduct its operations or part of its operations to be an official title; or (b) declare a name or a title of an event or activity conducted or promoted by the Trust to be an official title; or (c) declare a logo (being a design, the copyright of which is vested in the Crown in right of the State) to be a logo in respect of the Trust or a particular event or activity conducted or promoted by the Trust. (3) However, the Minister must not make a declaration under subsection (2) in relation to a name or title that is registered or otherwise protected under another Act unless the Minister is acting with the consent or agreement of the person who has the benefit of the registration or protection. (4) An official title declared under this section is not required to be registered or otherwise protected under any other Act. (5) The Minister may, by notice in the Gazette, vary or revoke a notice under this section. 22—Unlawful use of official insignia (1) The Trust has a proprietary interest in all official insignia. (2) A person must not, without the consent of the Trust, in the course of a trade or business— (a) use a name in which the Trust has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or (b) sell goods marked with official insignia; or (c) use official insignia for the purpose of promoting the sale of goods or services. Maximum penalty: $20 000. (3) A person must not, without the consent of the Trust, assume a name or description that consists of, or includes, official insignia. Maximum penalty: $20 000. (4) A consent under this section— (a) may be given with or without conditions (including conditions requiring payment to the Trust); and (b) may be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and (c) may be revoked by the Trust for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent. (5) The Supreme Court may, on the application of the Trust, grant an injunction to restrain a breach of this section. (6) The court by which a person is convicted of an offence against this section may, on the application of the Trust, order the convicted person to pay compensation of an amount fixed by the court to the Trust. (7) Subsections (5) and (6) do not derogate from any civil remedy that may be available to the Trust apart from those subsections. 23—Seizure etc of goods marked with official insignia (1) If— (a) goods apparently intended for a commercial purpose are marked with official insignia; and (b) an authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Trust, the authorised officer may seize those goods. (2) If goods have been seized under this section and— (a) proceedings are not instituted for an offence against section 22(2) in relation to the goods within 3 months of their seizure; or (b) after proceedings have been instituted and completed, the defendant is not convicted, the person from whom they were seized is entitled to recover— (c) the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and (d) compensation for any loss suffered by reason of the seizure of the goods. (3) An action for the payment of compensation under subsection (2) may be brought against the Trust in any court of competent jurisdiction. (4) The court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown. (5) Any goods forfeited to the Crown must be disposed of in such manner as the Minister may direct and, if sold, the proceeds of the sale paid into the Consolidated Account. Part 5—Miscellaneous 24—Gifts etc (1) The Trust may accept— (a) grants, conveyances, transfers and leases of land from the Crown, an instrumentality of the Crown or any other person or body; and (b) rights to the use, control, management or occupation of any land; and (c) gifts of personal property of any kind to be used or applied by it for the purposes of this Act. (2) Despite the Stamp Duties Act 1923, no stamp duty is payable on any instrument by which land or any interest in or right over land is granted or assured to or vested in the Trust or on any contract or instrument executed by the Trust for the purpose of disposing of any property. 25—Ministerial delegation (1) The Minister may delegate a function or power of the Minister under this Act (other than this power of delegation) to any person (including a person for the time being performing particular duties or holding or acting in a specified position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) In legal proceedings, an apparently genuine certificate, purportedly signed by the Minister containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 26—Approvals by Treasurer (1) An approval given by the Treasurer under this Act may be— (a) specific or general; and (b) conditional or unconditional. (2) An approval given by the Treasurer may be varied or revoked by the Treasurer at any time. 27—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) provide for the use, care and protection of objects, works, collections or any other property under the care or control of the Trust; and (b) provide for the admission, exclusion or expulsion of members of the public to or from premises of the Trust or a part of those premises; and (c) prohibit disorderly or offensive behaviour on premises of the Trust; and (d) prohibit or regulate eating, drinking (including liquor), smoking or the consumption of unlawful substances on premises of the Trust or a part of those premises; and (e) prohibit or regulate any other conduct or activities for the purposes of— (i) maintaining good order, and preventing interference with events or activities conducted, on premises of the Trust; and (ii) protecting property under the care or control of the Trust; and (f) prohibit or regulate the driving, parking or standing of vehicles on premises of the Trust; and (g) prescribe fees for the parking of vehicles on premises of the Trust and provide for their payment and recovery; and (h) provide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offence; and (i) provide for the management (including disposal) by, and vesting in, the Trust of unclaimed property; and (j) provide for the approval by the Trust or an authorised officer of any act or activity that would otherwise be prohibited under the regulations; and (k) prescribe penalties not exceeding $1 250 for breach of any regulation. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (c) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Trust or another prescribed person or authority. (4) In proceedings for an offence against a regulation dealing with the driving, parking or standing of vehicles— (a) an allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and (b) if it is proved that a vehicle was parked in contravention of a regulation, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The South Australian Country Arts Trust Act 1992 repealed the following: Cultural Trusts Act 1976 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1992 57 South Australian Country Arts Trust Act 1992 29.10.1992 26.11.1992 except ss 4—19, 20(5)—(7), 21(1)(a) & (b), 21(3), 22—29 & Sch—1.1.1993 (Gazette 26.11.1992 p1622) 1994 64 South Australian Country Arts Trust (Touring Programmes) Amendment Act 1994 3.11.1994 3.11.1994 1995 78 South Australian Country Arts Trust (Review) Amendment Act 1995 23.11.1995 1.1.1996 (Gazette 21.12.1995 p1750) 2000 69 South Australian Country Arts Trust (Appointments to Trust and Boards) Amendment Act 2000 7.12.2000 1.2.2001 (Gazette 18.1.2001 p70) 2006 41 Statutes Amendment (Public Sector Employment) Act 2006 14.12.2006 Pt 18 (ss 78 & 79)—1.4.2007 (Gazette 29.3.2007 p930) 2009 3 South Australian Country Arts Trust (Constitution of Trust) Amendment Act 2009 12.2.2009 1.4.2009 (Gazette 12.3.2009 p992) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 135 (ss 307—309)—1.2.2010 (Gazette 28.1.2010 p320) 2010 19 Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010 28.10.2010 Pt 8 (ss 66—71) & Sch 1 (Pt 5 & Pt 9 cl 8)—12.5.2011 (Gazette 12.5.2011 p1460) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002

amended by 3/2009 s 4 1.4.2009 Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002

s 3

s 3(1) before substitution by 19/2010 s 3 redesignated as s 3(1) by 41/2006 s 78(2) 1.4.2007 area deleted by 3/2009 s 5(1) 1.4.2009 Country Arts Board deleted by 3/2009 s 5(1) 1.4.2009 employing authority inserted by 41/2006 s 78(1) 1.4.2007 local resident deleted by 3/2009 s 5(2) 1.4.2009 proclaimed region inserted by 3/2009 s 5(2) 1.4.2009 the Trust deleted by 3/2009 s 5(2) 1.4.2009 Trust inserted by 3/2009 s 5(2) 1.4.2009 s 3(1) substituted by 19/2010 s 66 12.5.2011 s 3(2) inserted by 41/2006 s 78(2) 1.4.2007 s 3(3) inserted by 3/2009 s 5(3) 1.4.2009 Pt 2

heading substituted by 19/2010 s 67 12.5.2011 s 5 before deletion by 19/2010

s 5(1) substituted by 78/1995 s 3 1.1.1996

substituted by 3/2009 s 6(1) 1.4.2009 s 5(2) substituted by 78/1995 s 3 1.1.1996 s 5(3) substituted by 78/1995 s 3 1.1.1996

amended by 3/2009 s 6(2) 1.4.2009 s 5(3a) inserted by 78/1995 s 3 1.1.1996

deleted by 3/2009 s 6(3) 1.4.2009 s 5(5) inserted by 3/2009 s 6(4) 1.4.2009 s 5 deleted by 19/2010 s 68 12.5.2011 s 6 before deletion by 19/2010

s 6(1) amended by 78/1995 s 4(a) 1.1.1996

substituted by 69/2000 s 3 1.2.2001 s 6(2) substituted by 69/2000 s 3 1.2.2001

amended by 3/2009 s 7(1) 1.4.2009 s 6(2a) inserted by 69/2000 s 3 1.2.2001 s 6(5) amended by 78/1995 s 4(b) 1.1.1996

amended by 3/2009 s 7(2) 1.4.2009 s 6(7) amended by 78/1995 s 4(c) 1.1.1996

amended by 3/2009 s 7(3) 1.4.2009 s 6 deleted by 19/2010 s 68 12.5.2011 s 7 before deletion by 19/2010

s 7(2) substituted by 78/1995 s 5 1.1.1996 s 7(4) amended by 3/2009 s 8 1.4.2009 s 7 deleted by 19/2010 s 68 12.5.2011 s 8 before deletion by 3/2009

s 8(1) amended by 78/1995 s 9 (Sch) 1.1.1996 s 8 deleted by 3/2009 s 9 1.4.2009 s 8 before deletion by 19/2010 inserted by 84/2009 s 307 1.2.2010 s 8 deleted by 19/2010 s 68 12.5.2011 s 9 before deletion by 19/2010

s 9(1) amended by 64/1994 s 2 3.11.1994

(g) deleted by 3/2009 s 10 1.4.2009 s 9 deleted by 19/2010 s 68 12.5.2011 ss 10 and 11 deleted by 19/2010 s 68 12.5.2011 s 12 before deletion by 19/2010

s 12(1) (c) deleted by 3/2009 s 11 1.4.2009 s 12 deleted by 19/2010 s 68 12.5.2011 Pt 2 Div 1

heading inserted by 19/2010 s 67 12.5.2011 s 4

s 4(2) substituted by 19/2010 Sch 1 Pt 5 12.5.2011 s 4(3) and (4) deleted by 19/2010 Sch 1 Pt 5 12.5.2011 Pt 2 Div 2 inserted by 19/2010 s 68 12.5.2011 Pt 2 Div 3 inserted by 19/2010 s 68 12.5.2011 Pt 2 Div 4 inserted by 19/2010 s 68 12.5.2011 Pt 2 Div 5 inserted by 19/2010 s 68 12.5.2011 Pt 2 Div 6 inserted by 19/2010 s 68 12.5.2011 Pt 2 Div 7

heading inserted by 19/2010 s 69 12.5.2011 s 13 substituted by 41/2006 s 79 1.4.2007 s 13(3) amended by 84/2009 s 308 1.2.2010 s 13(13)

public sector agency amended by 84/2009 s 308 1.2.2010 ss 14—16 deleted by 19/2010 s 70 12.5.2011 s 17 before deletion by 19/2010

s 17(1) substituted by 3/2009 s 12 1.4.2009 s 17 deleted by 19/2010 s 70 12.5.2011 ss 18 and 19 deleted by 19/2010 s 70 12.5.2011 Pt 2 Div 8 inserted by 19/2010 s 70 12.5.2011 Pt 3 before deletion by 3/2009

s 20

s 20(1) substituted by 78/1995 s 6 1.1.1996 s 21

s 21(1) amended by 78/1995 s 7(a), (b) 1.1.1996 s 21(1a) inserted by 78/1995 s 7(c) 1.1.1996 s 21(3) substituted by 78/1995 s 7(d) 1.1.1996 s 22

s 22(1) and (2) substituted by 69/2000 s 4 1.2.2001 s 22(2a) inserted by 69/2000 s 4 1.2.2001 s 24

s 24(1) amended by 78/1995 s 9 (Sch) 1.1.1996 s 27

s 27(1) amended by 78/1995 s 8 1.1.1996 Pt 3 deleted by 3/2009 s 13 1.4.2009 Pt 3 inserted by 19/2010 s 71 12.5.2011 Pt 4 before substitution by 19/2010

s 29 substituted by 3/2009 s 14 1.4.2009

deleted by 84/2009 s 309 1.2.2010 s 30 before substitution by 3/2009

s 30(2) amended by 78/1995 s 9 (Sch) 1.1.1996 s 30 substituted by 3/2009 s 14 1.4.2009 Pt 4 substituted by 19/2010 s 71 12.5.2011 Pt 5 inserted by 19/2010 s 71 12.5.2011 Sch before deletion by 3/2009

Pt 1 omitted under Legislation Revision and Publication Act 2002

Sch deleted by 3/2009 s 15 1.4.2009 Transitional etc provisions associated with Act or amendments South Australian Country Arts Trust (Review) Amendment Act 1995 10—Transitional provisions (1) In this section— former Board means a Country Arts Board in existence immediately before the commencement of section 6 of this Act (and so abolished by this Act). (2) A member of a former Board ceases to hold office on the commencement of this section. (3) However, despite subsection (2) and the provisions of the principal Act (as amended by this Act), the Minister may, on the commencement of this section, appoint a person who was a member of a former Board by virtue of a nomination under section 21(1)(c) of the principal Act as a member of a Country Arts Board established by amendment to the principal Act by this Act as if the person had been renominated after the commencement of this Act. (4) The Governor may, by proclamation, vest assets, rights or liabilities (whether vested or contingent) of a former Board in a Country Arts Board established by amendment to the principal Act by this Act. (5) The Governor may, by further proclamation, if it appears necessary or appropriate to do so, vary a proclamation under subsection (4) (and a proclamation under this subsection will, if the proclamation so provides, be taken to have had effect from the making of the original proclamation under subsection (4)). (6) The Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this section, register or record in an appropriate manner a vesting under this section. (7) The Governor may, by proclamation, make other provisions of a saving or transitional nature consequent on the enactment of this Act. Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions Note— Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007. 1—Interpretation In this Part, unless the contrary intention appears— Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth; employing authority means— (a) subject to paragraph (b)—the person who is the employing authority under a relevant Act; (b) in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires; Industrial Commission means the Industrial Relations Commission of South Australia; prescribed body means— (a) the Aboriginal Lands Trust; (b) the Adelaide Cemeteries Authority; (c) the Adelaide Festival Centre Trust; (d) the Adelaide Festival Corporation; (e) SA Ambulance Service Inc; (f) the Minister to whom the administration of the Children's Services Act 1985 is committed; (g) the Minister to whom the administration of the Education Act 1972 is committed; (h) the Electricity Supply Industry Planning Council; (i) a body constituted under the Fire and Emergency Services Act 2005; (j) the History Trust of South Australia; (k) the Institute of Medical and Veterinary Science; (l) a regional NRM board constituted under the Natural Resources Management Act 2004; (m) the Senior Secondary Assessment Board of South Australia; (n) the South Australian Country Arts Trust; (o) the South Australian Film Corporation; (p) the South Australian Health Commission; (q) an incorporated hospital under the South Australian Health Commission Act 1976; (r) an incorporated health centre under the South Australian Health Commission Act 1976; (s) the South Australian Motor Sport Board; (t) the South Australian Tourism Commission; (u) The State Opera of South Australia; (v) the State Theatre Company of South Australia; (w) the Minister to whom the administration of the Technical and Further Education Act 1975 is committed; relevant Act means— (a) in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act; (b) in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act; (c) in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act. 2—Transfer of employment (1) Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act). (2) The following persons will, on the commencement of this clause, be taken to be employed as follows: (a) a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act); (b) a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body; (c) a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body; (d) a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph. (3) Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms). (4) Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)— (a) will be taken to provide for continuity of employment without termination of the relevant employee's service; and (b) will not affect— (i) existing conditions of employment or existing or accrued rights to leave; or (ii) a process commenced for variation of those conditions or rights. (5) If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994— (a) with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and (b) with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day, subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6). (6) Where an award or enterprise agreement is created by virtue of the operation of subclause (5)— (a) the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and (b) the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and (c) the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances. 3—Superannuation (1) If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body. (2) Nothing that takes effect under subclause (1)— (a) constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (b) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy, and subclause (1) may have effect despite any other Act or law. (3) An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act). 4—Interpretative provision (1) The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor. (2) A proclamation under subclause (1) may effect a transfer of functions or powers. 5—Related matters (1) A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act. (2) A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act. (3) A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act. (4) A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed. (5) The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act). 6—Other provisions (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act. South Australian Country Arts Trust (Constitution of Trust) Amendment Act 2009, Sch 1—Transitional provisions 1—Interpretation In this Schedule— Trust means the South Australian Country Arts Trust. 2—Transfer of assets etc of Country Arts Boards to Trust On the commencement of this clause all assets, rights and liabilities of Country Arts Boards then in existence are transferred to and vested in the Trust. 3—Transitional provision relating to Trust On the commencement of this clause all members of the Trust then in office vacate their respective offices so that fresh appointments may be made to the Trust under section 5 of the South Australian Country Arts Trust Act 1992 as amended by this Act. Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions 8—Membership of South Australian Country Arts Trust (1) In this clause— principal Act means the South Australian Country Arts Trust Act 1992. (2) A trustee of the South Australian Country Arts Trust (within the meaning of the principal Act) holding office immediately before the commencement of this clause, will, on that commencement, continue in office— (a) for the balance of that term of office; and (b) on such other conditions as if the principal Act as amended by Part 8 of this Act had been in force when he or she was appointed or last re‑appointed a trustee of the Trust and that appointment had been made under the principal Act as so amended. (3) A member continues in office by virtue of subclause (2) despite the fact that, for some or all of the duration of the balance of that term of office, 1 or more provisions of section 5 of the principal Act as amended by Part 8 of this Act (relating to the composition of the Trust) may not be complied with and, in that case, those provisions will not apply for that duration. Historical versions Reprint No 1—3.11.1994

Reprint No 2—1.1.1996

Reprint No 3—1.2.2001

1.4.2007

1.4.2009

1.2.2010

Source text: opening excerpt

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 South Australian Country Arts Trust Act 1992

South Australia South Australian Country Arts Trust Act 1992 An Act to establish the South Australian Country Arts Trust and define its functions and powers; and for other purposes.

Complying with the Act requires attention to governance, financial controls, employment structures, intellectual property controls, authorised officer procedures and recordkeeping. Below is a practical compliance checklist mapped to specific statutory provisions.

Governance and membership:

Appointments: Ensure Governor appointments comply with the composition and nomination routes in s5. For regionally nominated members, confirm residency in the proclaimed region as required by s5(5).
Terms and reappointments: Track term lengths (maximum three years) and the nine-year consecutive service cap (s6(1)-(2)). Record instruments of appointment and any conditions specified by the Governor (s6(1)).
Meetings: Hold at least six meetings annually, maintain a quorum as defined (half the total number plus one), record accurate minutes and preserve them securely (s7(1), (7)-(8)). Ensure voting and casting vote procedures are followed (s7(3)-(4)).
Delegations and committees: Make delegations by written instrument specifying absolute or conditional scope; record delegation certificates so they can be produced in proceedings as per s11(2) and (6). Implement processes to identify and manage conflicts of interest; delegates must not act where they have direct or indirect pecuniary or personal interests (s11(4)-(5)). Establish committee charters consistent with s10.

Financial controls and audit:

Budget process: Prepare budgets in the form and content required by the Minister, submit for approval in time for the financial year, and secure written Ministerial approval before spending outside the approved budget (ss14(1)-(4), (5)). Document any Ministerial consent for off-budget spending.
Expenditure exceptions: Maintain strict separation for gift-funded expenditure, which the Trust may expend without Ministerial approval under s14(6); document gifts and their terms.
Accounting and audit: Maintain accounting records in line with Treasurer instructions under the Public Finance and Audit Act 1987 and Auditor‑General requirements (s15(2)). Prepare annual statements and provide them to the Auditor‑General for audit; cooperate promptly with any Auditor‑General inquiries (s15(3)).
Annual reporting: Produce the annual report and audited financial statements by 30 September each year and forward to the Minister for tabling within 12 sitting days (s16(1)-(3)). Maintain a compliance calendar for these deadlines.

Employment and staffing arrangements:

Employing authority: Confirm the identity and powers of the employing authority as proclaimed under the Act; route employment contracts and payroll through that authority (s3 definition; s13(1)-(3)). Confirm whether staff are brought into a public sector administrative unit and the consequent employment terms (s13(3)).
Directions and payments: Ensure any direction by the employing authority for staff to work in other public sector agencies is documented and that staff comply with lawful directions (s13(4)). Where the Minister, Treasurer or employing authority directs the Trust to make employment-related payments, secure written directions and receipts (s13(10)).
Ministerial limits: Recognise the Minister may not direct the appointment, transfer, remuneration, discipline or termination of a particular person (s13(6)). Keep records of any Ministerial directives to ensure compliance with this prohibition.

Official insignia and commercial licensing:

Register and control insignia: Treat official titles and logos declared under s21 as Trust property and implement a licensing and consent regime for commercial use, including fee schedules and standard conditions (s22(1), (4)). Ensure any consent is provided in writing and recorded.
Enforcement process: Establish evidence-gathering and vendor-notification processes before seeking seizure by authorised officers; ensure authorised officers follow s23 when seizing goods and maintain chain-of-custody records to reduce compensation risk if proceedings are not instituted within three months (s23(1)-(3)).
Civil remedies and injunctions: For breaches, prepare to seek injunctions and compensation under s22(5)-(6). Keep records supporting calculations of losses for compensation claims.

Authorised officers and premises management:

Appointments and identity cards: Issue identity cards to non-police authorised officers showing name, photograph and any conditions in the instrument of appointment; ensure cards are produced on request and returned on cessation (s17(3)-(6)).
Training and use-of-force policies: Train authorised officers on legal limits of powers to require names, exclude persons, detain and use reasonable force for removal or seizure; document standard operating procedures and incident reports in line with s18 powers and the requirement to hand detainees over to police as soon as reasonably practicable (s18(1)(d)-(e)).
Compliance with regulations: If the Trust or the Governor enacts regulations under s27 concerning behaviour, parking, food and drink, smoking, or admission rules, publish and communicate them prominently on premises and online. Institute ticketing and admission control consistent with s12B(h) and s12C(2)(i).

Conflict of interest and integrity:

Public Sector (Honesty and Accountability) Act carve-out: Note s12 provides a narrow exception regarding shared industry interests. Maintain conflict-of-interest registers and disclosures for members, and assess whether interests are “shared in common” or are direct/personal interests that trigger other disqualification or non-participation rules (s12).
Delegation and interest checks: Before delegating functions, obtain written acknowledgements of lack of disqualifying interests and maintain updated declarations. If a potential conflict arises, advise and recuse the delegate to avoid s11(4) exposure.

Regulatory compliance and parking:

When using Trust premises, ensure any parking or vehicle management activities comply with regulations under s27 and collect evidence for presumed ownership defenses specified in s27(4) where necessary.
If the Trust prescribes offences or fees for parking, ensure signage and enforcement notices meet statutory requirements, and processes for appeals or fee recovery are established.

Records, seals and evidentiary steps:

Seal and execution: Ensure the common seal is not affixed except under a Trust decision and that two member signatures attest fixing the seal, or execute documents under the instrument of authority as per s12A(1)-(4). Preserve instruments authorising persons to execute documents.
Delegation and certificate preservation: Maintain and archive instruments of delegation and delegation certificates; their apparent genuineness is prima facie proof in legal proceedings (s11(6)).
Minutes and resolutions: Keep minute books and records of out-of-meeting resolutions supported by written concurrence from members as allowed by s7(6).

Financial transactions and Treasurer approvals:

Seek Treasurer approval before forming, acquiring interests in bodies corporate or borrowing money (s12C(3)). Keep records of applications and approvals and ensure compliance with any conditions attached by the Treasurer under s26.
When accepting grants, conveyances or leases of land from the Crown or other bodies ensure stamp duty exemption is documented and recorded per s24(1)-(2).

Risk management and insurance:

Make use of the Trust’s power to take out insurance in its own right or on behalf of the State (s12C(2)(o)). Maintain public liability and event insurance consistent with venue operations and ticketing activities.
For ticketing and event management, implement refund, cancellation and force majeure policies aligned with contractual obligations and consumer law.

Operational checklists for each event or activity:

Confirm budget provision or Ministerial consent for any material expenditure outside approved budgets (s14(5)-(6)).
Document contracts with artists, performers and suppliers consistent with s12C(2)(b)-(c).
Maintain clear records of sponsorship agreements and any conditions attached (s12C(2)(f)).
Ensure ticketing arrangements meet statutory authority in s12B(h) and contractual terms are clear for resale and broadcasting rights (s12B(h); s12C(2)(m), (o)).

Legal engagement and dispute readiness:

Where enforcement actions such as seizures or injunctive relief are contemplated, consult the Trust’s legal counsel and prepare evidentiary materials to support reasonable grounds for seizure and infringement claims under ss22-23.
Keep a litigation checklist for injunctions and compensation claims under s22(5)-(6) and possess a ready schedule of alleged infringing goods and supporting documentary proof.

By mapping governance, financial, staffing, insignia, authorised officer and recordkeeping obligations to the statutory provisions above and maintaining documentary evidence for approvals, delegations, consents and financial controls, the Trust and related actors can assemble a compliance framework that aligns with the Act. Regular audits, both internal and in cooperation with the Auditor‑General, should be used to verify that the statutory obligations in ss14-16 and s15 are continuously satisfied.

South Australian Country Arts Trust Act 1992

Plain English Summary

Deep Dive

What it does

Current sections

South Australian Country Arts Trust Act 1992

Source text: opening excerpt

1 South Australian Country Arts Trust Act 1992

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply