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House: Senate

Portfolio: Arts, Sport, the Environment and Territories

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Purpose

This is an omnibus Bill that will make a number of largely non- contentious amendments. The major amendments will:

* allow the National Capital Planning Authority, with ministerial approval, to manage National Land designated by the Minister as land required for the special purposes of Canberra as the National Capital;

* empower the Minister to appoint members of the Australia Council; and

* increase the value of contracts that the Director of National Parks and Wildlife may enter into without ministerial approval from $100 000 to $250 000.

Background

As there is no central theme to this Bill, the background to each amendment will be explained below.

Main Provisions

Clause 4 will amend five Acts as set out in Schedule 1 of this Bill.

Amendments to the Australian Capital Territory (Planning and Land Management) Act 1988

The National Capital Planning Authority (NCPA) was established as a statutory authority, responsible to the Commonwealth Minister for Arts, Sport, the Environment and Territories, in January 1989 when the Australian Capital Territory (Planning and Land Management) Act 1988 (the Principal Act) came into effect. The Principal Act also established a Territory Planning Authority (TPA) which is responsible to the Australian Capital Territory (ACT) Government.

The functions of the NCPA, which are contained in section 6 of the Principal Act, include to prepare and administer a National Capital Plan (NCP); to keep the NCP under constant review and to propose amendments to it when necessary; and to recommend to the Commonwealth Minister the carrying out of works it considers desirable to maintain or enhance the character of the National Capital. The object of the NCP is to ensure that Canberra and the ACT are planned and developed in accordance with their national significance.

This Bill proposes the grant of a new function to the NCPA that will allow it, with the Minister's approval, to manage National Land designated by the Minister as land required for the special purposes of Canberra as the National Capital. (Note: Under section 27 of the Principal Act the Minister may declare specified areas of ACT land to be National Land. The Minister is not allowed to declare an area to be National Land unless it is, or is intended to be, used by or on behalf of the Commonwealth.)

Amendments to the Australia Council Act 1975

The Australia Council (the Council) was established in 1975 as a statutory authority to formulate and carry out policies aimed at raising the standard of the arts in Australia. The Council has a membership of fourteen part- time members plus a full- time General Manager. Subordinate to the Council are three Boards and two Committees. Board and Committee members are appointed by the Minister and a majority of Board and Committee members must be persons who practise the arts, or are associated

with them. The three Boards are Literature, Performing Arts and Visual Arts/Crafts. The two Committees are Aboriginal Arts and Community Cultural Development. The Boards and Committees develop policy and administer grants for their respective art- form under powers delegated by the Council. The Commonwealth assigns a single annual appropriation to the Council. Actual appropriations for the Council in 1990- 91 totalled $58.128 million and are estimated to total $60.121 million. 1

Government control over Council policy is relatively limited. Although the practice has generally not been for Ministers to provide the Council with specific directions, the Australia Council Act 1975 (the Principal Act) provides the Minister with powers to direct the Council in the exercise of its delegations (i.e. how and when the Council may delegate its powers to a Board, a Committee or a Council officer) and to approve the form and content of the Council's estimates of expenditure.

The effect of the principal amendments proposed by this Bill to the Principal Act will be to empower the Minister, rather than the Governor- General, as is currently the position, to appoint Council members; and allow the Minister to delegate his power to appoint and terminate the appointment of Board members.

Amendments to the National Gallery Act 1975

The functions of the Australian National Gallery (ANG) include developing and maintaining a national collection of works of art; and to exhibit, or to make available for exhibition by other, works of art from the national collection or works of art that are in the possession of the ANG. The National Gallery Act 1975 (the Principal Act) provides for the affairs of the ANG to be conducted by a Council consisting of a maximum of 11 members. Members of the Council are appointed by the Governor- General. Operating expenses for the ANG in 1990- 91 totalled $17.362 million (compared with $18.927 million in 1989- 90) 2. Actual parliamentary appropriations for the ANG in 1990- 91 totalled $21.939 million and are estimated to total $24.163 million in 1991- 92. 3

The effect of the principal amendments proposed by this Bill to the Principal Act will be to change the name of the ANG to the National Gallery of Australia. The reason given by the Minister, in the Second Reading Speech to this Bill is that "... there has, in the past, been some confusion internationally about the status of the Gallery, as it is not immediately clear that it is the national art gallery and not merely one of a number of smaller galleries located in Canberra."

Amendments to the National Parks and Wildlife Conservation Act 1975

Sub- section 21(1) of the National Parks and Wildlife Conservation Act 1975 (the Principal Act) provides that the Director of National Parks and Wildlife is not, without Ministerial approval, to enter into a contract involving payment or receipt of an amount exceeding $100 000; a prescribed higher amount; or to take any land on lease for more than 10 years. The effect of the amendment proposed by this Bill to the Principal Act will be to increase the value of contracts that the Director may enter into without Ministerial approval from $100 000 to $250 0000.

References

1. Portfolio Program Estimates 1991- 92, Budget Paper No. 3, p. 41.

2. Australian National Gallery, Annual Report, 1990- 91, p. 68.

3. Portfolio Program Estimates 1991- 92, Budget Paper No. 3, p. 45.

Bills Digest Service 14 August 1992

Parliamentary Research Service

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Commonwealth of Australia 1992.

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Published by the Department of the Parliamentary Library, 1992.