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Tourism Australia Bill 2004

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Tourism Australia Act 2004 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

23 June 2004

2.  Sections 3 to 64

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Definitions

                   In this Act, unless the contrary intention appears:

appointed member means a member other than the Managing Director.

Australia , when used in a geographical sense, includes the external Territories.

Board means the Board of Directors of Tourism Australia.

Chair means the Chair of the Board.

Deputy Chair means the Deputy Chair of the Board.

government member means the government member of the Board.

Managing Director means the Managing Director of Tourism Australia.

member means a member of the Board (including the Chair and Deputy Chair).

4   Extended geographical application of this Act

             (1)  This Act extends to every external Territory.

             (2)  This Act applies both within and outside Australia.



 

Part 2 Tourism Australia

   

5   Establishment

             (1)  Tourism Australia is established by this section.

             (2)  Tourism Australia:

                     (a)  is a body corporate; and

                     (b)  must have a seal; and

                     (c)  may sue and be sued.

Note:          The Commonwealth Authorities and Companies Act 1997 applies to Tourism Australia. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of executive officers.

             (3)  The seal of Tourism Australia is to be kept in such custody as the Board directs, and is not to be used except as authorised by the Board.

             (4)  All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the seal of Tourism Australia appearing on a document; and

                     (b)  presume that the document was duly sealed.

6   Objects

                   Tourism Australia’s objects are:

                     (a)  to influence people to travel to Australia, including for events; and

                     (b)  to influence people travelling to Australia to also travel throughout Australia; and

                     (c)  to influence Australians to travel throughout Australia, including for events; and

                     (d)  to help foster a sustainable tourism industry in Australia; and

                     (e)  to help increase the economic benefits to Australia from tourism.

7   Functions

             (1)  Tourism Australia’s functions are:

                     (a)  to increase the awareness of potential international travellers of Australia as a destination; and

                     (b)  to increase the awareness of potential domestic travellers of Australia as a place to travel; and

                     (c)  to increase the knowledge of potential travellers, both international and domestic, of Australia; and

                     (d)  to increase the desire of potential international travellers to travel to Australia; and

                     (e)  to increase the desire of potential travellers, both international and domestic, to travel throughout Australia; and

                      (f)  to conduct research into, and analysis of, international and domestic travel; and

                     (g)  to report on trends in international and domestic travel; and

                     (h)  to communicate effectively with the Australian tourism industry on issues that may affect it; and

                      (i)  to increase awareness throughout Australia of the contribution of tourism to Australia’s economy, society and environment.

             (2)  In performing its functions, Tourism Australia must have regard to the needs of the Australian tourism industry and government.

             (3)  Tourism Australia may perform its functions:

                     (a)  in cooperation with the tourism industry; and

                     (b)  in cooperation with Australian governments and agencies, and foreign governments.

             (4)  Tourism Australia may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions:

                     (a)  for purposes related to external affairs; and

                     (b)  in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and

                     (c)  for purposes related to a Territory; and

                     (d)  by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and

                     (e)  for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and

                      (f)  for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and

                     (g)  for purposes related to lighthouses, lightships, beacons and buoys; and

                     (h)  for purposes related to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth; and

                      (i)  for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ; and

                      (j)  for purposes related to the executive power of the Commonwealth; and

                     (k)  for purposes related to money appropriated for the purposes of the Commonwealth; and

                      (l)  for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and

                    (m)  in so far as it is appropriate for those functions to be performed by Tourism Australia on behalf of the Government of the Commonwealth as the national Government of Australia; and

                     (n)  for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise Tourism Australia to perform functions; and

                     (o)  by way of providing a service, if the provision of the service utilises Tourism Australia’s spare capacity and does not impede Tourism Australia’s capacity to perform its other functions.

8   Powers

             (1)  Subject to subsection (3), Tourism Australia has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  Tourism Australia’s powers include, but are not limited to, the following powers:

                     (a)  to enter into contracts, agreements or arrangements; and

                     (b)  to establish offices; and

                     (c)  to acquire, hold and dispose of real and personal property; and

                     (d)  to lease the whole or any part of any land or building; and

                     (e)  to occupy, use and control any land or building owned, or held under lease, by the Commonwealth and made available to Tourism Australia; and

                      (f)  to arrange for the manufacture, and distribution (whether by sale or otherwise) of anything bearing a mark, symbol or writing associated with Tourism Australia; and

                     (g)  to accept gifts, grants, bequests and devises made to it; and

                     (h)  to act as trustee of money and other property vested in it on trust; and

                      (i)  to enter into cooperative arrangements with other persons; and

                      (j)  to appoint agents and attorneys, and act as an agent for other persons; and

                     (k)  to obtain commercial sponsorship; and

                      (l)  to charge for work done, services provided, and products and information supplied, by or on behalf of Tourism Australia; and

                    (m)  to provide financial assistance; and

                     (n)  to do such other things as it is authorised to do by or under this Act; and

                     (o)  to do anything incidental to any of its powers.

             (3)  Tourism Australia must not carry on business as a travel agent.



 

Part 3 The Board of Directors of Tourism Australia

Division 1 The Board

9   Establishment

                   The Board of Directors of Tourism Australia is established by this section.

10   Functions

                   The Board has the following functions:

                     (a)  to ensure the proper and efficient performance of Tourism Australia’s functions;

                     (b)  to determine Tourism Australia’s policy in relation to any matter.

11   Powers

                   The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

12   Membership

                   The Board consists of the following members:

                     (a)  the Chair;

                     (b)  the Deputy Chair;

                     (c)  the government member;

                     (d)  the Managing Director;

                     (e)  6 other members.

Note:          Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.

13   Appointing members

             (1)  The members of the Board (except the Managing Director) are to be appointed by the Minister by written instrument.

             (2)  The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment.

14   Qualifications for appointment

             (1)  The Minister may appoint a person as a member (other than the government member) only if the Minister is satisfied that the person has high level expertise in one or more of the following areas:

                     (a)  international tourism;

                     (b)  domestic tourism;

                     (c)  corporate governance;

                     (d)  financial management;

                     (e)  marketing and promotion;

                      (f)  business;

                     (g)  investment strategies;

                     (h)  infrastructure in Australia that supports tourism, including events;

                      (i)  transport networks;

                      (j)  economic analysis;

                     (k)  current and emerging technologies;

                      (l)  regional development;

                    (m)  environmental management;

                     (n)  Australian indigenous tourism or culture.

             (2)  The government member is to be a person appointed or engaged under the Public Service Act 1999 .

             (3)  The Minister may appoint a person as government member only if the Minister is satisfied that the person has expertise in:

                     (a)  the formulation of government policy; and

                     (b)  public administration.

15   Term and basis of appointment

             (1)  An appointed member (other than the government member) holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

             (2)  A person appointed as government member holds office for the period specified in the instrument of appointment.

             (3)  An appointed member holds office on a part-time basis.

16   Acting appointments

             (1)  The Deputy Chair is to act as the Chair:

                     (a)  during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          Under section 33A of the Acts Interpretation Act 1901 , this Act applies in relation to a person acting in a particular office as if the person were the holder of the office.

             (2)  The Minister may appoint an appointed member (other than the government member) to act as the Deputy Chair:

                     (a)  during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Deputy Chair is acting as the Chair, or is, for any reason, unable to attend meetings of the Board.

             (3)  The Minister may appoint a person to act as an appointed member (other than as Chair or Deputy Chair):

                     (a)  during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when a member is acting as the Deputy Chair, or is, for any reason, unable to attend meetings of the Board.

             (4)  Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

17   Members’ remuneration and allowances

             (1)  An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member is to be paid the remuneration that is prescribed.

             (2)  An appointed member is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

18   Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

             (2)  The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.

19   Resignation

                   An appointed member may resign his or her appointment by giving the Minister a written resignation.

20   Termination of appointment

             (1)  The Minister may at any time, in writing, terminate the appointment of the government member.

             (2)  The Minister may terminate the appointment of an appointed member (other than the government member) for misbehaviour or physical or mental incapacity.

             (3)  The Minister must terminate the appointment of an appointed member (other than the government member) if:

                     (a)  the appointed member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the appointed member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or

                     (c)  the appointed member fails, without reasonable excuse, to comply with Subdivision B of Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 .

21   Other terms and conditions

                   An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.



 

Division 2 Board procedures

22   Convening meetings

             (1)  The Board must hold the meetings that are necessary for the efficient performance of its role.

             (2)  Meetings are to be held at the times and places that the Board determines.

             (3)  The Chair:

                     (a)  may convene a meeting; and

                     (b)  must convene a meeting if requested in writing by 3 or more other members.

             (4)  The Minister may, at any time, convene a meeting of the Board.

23   Presiding at meetings

             (1)  The Chair must preside at all meetings at which he or she is present.

             (2)  If the Chair is not present at a meeting but the Deputy Chair is present, the Deputy Chair must preside.

             (3)  If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of their number (other than the Managing Director or the government member) to preside.

24   Quorum

             (1)  At a meeting of the Board a quorum is constituted by 5 members.

             (2)  However, if:

                     (a)  a member is required by section 27J of the Commonwealth Authorities and Companies Act 1997 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and

                     (b)  when the member leaves the meeting concerned there is no longer a quorum present;

those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

25   Voting at meetings

             (1)  A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.

             (2)  The person presiding at a meeting has:

                     (a)  a deliberative vote; and

                     (b)  if necessary, also a casting vote.

Note:          Subdivision B of Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 has rules for “directors” about disclosing, and voting on matters involving, material personal interests.

26   Resolutions

             (1)  The Board may pass a resolution without a Board meeting being held if all the members entitled to vote on the resolution sign a document containing a statement that they are in favour of the resolution set out in the document.

             (2)  Separate copies of a document may be used for signing by the members if the wording of the resolution and statement is identical in each copy.

             (3)  The resolution is passed when the last of the members signs.

27   Other procedural matters

             (1)  Subject to this Part, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.

Note:          Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.

             (2)  The Board must:

                     (a)  keep minutes of its meetings; and

                     (b)  keep a record of resolutions passed in accordance with section 26.



 

Division 3 Advisory panels

28   Advisory panels

             (1)  The Board may, in writing, establish advisory panels to assist with the performance of Tourism Australia’s functions.

Note 1:       The Board may, for example, establish advisory panels to assist with the performance of Tourism Australia’s functions in relation to international tourism, domestic tourism, events and research.

Note 2:       Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.

             (2)  An advisory panel consists of such persons as the Board appoints to the panel in writing.

Note:          Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.

             (3)  The office of member of an advisory panel is not a public office within the meaning of the Remuneration Tribunal Act 1973 .

29   Procedures of advisory panels etc.

                   An advisory panel may determine the way in which it is to carry out its task (including when and where it meets and procedures to be followed in relation to its meetings).

30   Disclosure of interests at meetings

             (1)  A member of an advisory panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the panel must disclose the nature of the interest at a meeting of the panel as soon as possible after the relevant facts have come to the member’s knowledge.

             (2)  A disclosure under subsection (1) must be recorded in the minutes of the meeting of the panel.

             (3)  The Board must terminate the appointment of a member of an advisory panel if the member fails, without reasonable excuse, to comply with subsection (1).

31   Resignation

                   A member of an advisory panel may resign by giving the Board a written resignation.

32   Other terms and conditions

                   A member of an advisory panel holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board in writing with the Minister’s written approval.



 

Part 4 Corporate planning and accountability

Division 1 Corporate plan and annual operational plan

33   Corporate plan

             (1)  The Board must prepare a corporate plan for Tourism Australia by 1 May each financial year (or by such later day as the Minister in a particular financial year allows).

             (2)  The first corporate plan must be prepared as soon as practicable after the commencement of this section.

             (3)  A corporate plan must be for a period of 3 financial years.

             (4)  In preparing a plan, the Board must consult:

                     (a)  State and Territory tourism authorities; and

                     (b)  anyone else concerned with tourism that the Board considers appropriate; and

                     (c)  anyone else specified by the Minister in writing.

             (5)  The Board may revise the corporate plan on its own initiative at any other time.

             (6)  This Division applies to a revised corporate plan in the same way it applies to a corporate plan.

34   Matters to be covered by plan

                   Each corporate plan must include details of the following matters for the period it covers:

                     (a)  a statement of the objectives that Tourism Australia intends to pursue;

                     (b)  the strategies and policies that the Board intends to adopt to achieve Tourism Australia’s objectives;

                     (c)  an assessment of the outlook for the Australian tourism industry;

                     (d)  performance indicators for the assessment of Tourism Australia’s performance of its functions.

35   Minister’s response to corporate plan

             (1)  The Board must give each corporate plan to the Minister for his or her approval.

             (2)  The Minister may ask the Board, in writing, to give the corporate plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.

             (3)  The Minister may, by written notice given to the Board:

                     (a)  approve the corporate plan; or

                     (b)  request the Board to revise it for the reasons set out in the request.

             (4)  The Board must:

                     (a)  comply with the Minister’s request to revise the plan; and

                     (b)  give the revised plan to the Minister for his or her approval.

             (5)  The plan comes into force on the day on which the Board receives written notice of the Minister’s approval.

36   Annual operational plan

             (1)  When the Board is preparing or revising a corporate plan, the Board must:

                     (a)  prepare an annual operational plan for the first financial year to which the corporate plan or revised corporate plan will relate; and

                     (b)  give the plan to the Minister for his or her approval.

             (2)  The Minister may ask the Board, in writing, to give the annual operational plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.

             (3)  The annual operational plan for a financial year must:

                     (a)  contain an estimate of Tourism Australia’s receipts and expenditure for the financial year; and

                     (b)  specify:

                              (i)  the programs that the Board proposes Tourism Australia to carry out; and

                             (ii)  the resources that the Board proposes to allocate to each program;

                            in giving effect to the corporate plan during the financial year.

             (4)  The Board may revise the annual operational plan on its own initiative at any time.

             (5)  The Board must give a revised plan to the Minister for his or her approval.

             (6)  This Division applies to a revised annual operational plan in the same way it applies to an annual operational plan.

37   Minister’s response to annual operational plan

             (1)  The Minister must approve, in writing, an annual operational plan unless the Minister considers that the plan is inconsistent with the corporate plan.

             (2)  If the Minister considers that the annual operational plan is inconsistent with the corporate plan, the Minister may request the Board, in writing, to revise the annual operational plan.

             (3)  The Board must:

                     (a)  revise the plan if the Minister requests the Board under subsection (2) to do so and gives reasons in writing to the Board for the request; and

                     (b)  give the revised plan to the Minister for his or her approval.

             (4)  An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s approval.

38   Board to comply with corporate and annual operational plans

                   So far as is practicable, the Board must ensure that the performance of Tourism Australia’s functions, and the exercise of Tourism Australia’s powers, are consistent with, and designed to give effect to, the current corporate plan and the current annual operational plan.



 

Division 2 Accountability

39   Annual report

                   The annual report on Tourism Australia under section 9 of the Commonwealth Authorities and Companies Act 1997 for a period must also include:

                     (a)  an assessment against the performance indicators set out in the corporate plan of the extent to which Tourism Australia’s operations during the period have achieved its objectives as stated in the corporate plan; and

                     (b)  an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and

                     (c)  details of:

                              (i)  significant activities undertaken jointly during the period; and

                             (ii)  significant capital works programs undertaken by Tourism Australia during the period; and

                            (iii)  significant acquisitions and dispositions of real property by Tourism Australia during the period; and

                            (iv)  revisions of the corporate plan, and the applicable annual operational plan, approved by the Minister during the period.

40   Ministerial direction

             (1)  The Minister may give a written direction to the Board in relation to the performance of the functions, and the exercise of the powers, of Tourism Australia.

             (2)  The Minister must not give a direction to the Board under subsection (1) unless he or she:

                     (a)  has notified the Board in writing that he or she is considering giving the direction; and

                     (b)  has given the Chair an adequate opportunity to discuss with the Minister the need for the proposed direction; and

                     (c)  is satisfied that, because of exceptional circumstances, it is necessary to give the direction to the Board to ensure that the performance of the functions, or the exercise of the powers, of Tourism Australia does not conflict with government policies.

             (3)  The Board must comply with a direction under subsection (1).

             (4)  The Minister must cause a copy of a direction under subsection (1):

                     (a)  to be published in the Gazette as soon as practicable after giving the direction; and

                     (b)  to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.

             (5)  The annual reports of Tourism Australia applicable to periods in which the direction has effect must include:

                     (a)  details of the direction; and

                     (b)  an assessment of the impact that the direction has had on the operations of Tourism Australia during the period.

             (6)  This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to Tourism Australia.



 

Division 3 Tourism Australia Values and Code of Conduct

41   Tourism Australia Values

             (1)  The Board must determine, in writing, the Tourism Australia Values.

Note:          Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.

             (2)  The Board must uphold and promote the Tourism Australia Values.

             (3)  To avoid doubt, an instrument under subsection (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

42   Tourism Australia Code of Conduct

             (1)  The Board must determine, in writing, the Tourism Australia Code of Conduct.

Note:          Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.

             (2)  The Tourism Australia Code of Conduct applies to the Managing Director and to each employee of Tourism Australia.

             (3)  To avoid doubt, an instrument under subsection (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .



 

Part 5 Managing Director, employees and consultants

Division 1 Managing Director

43   Managing Director

                   There is to be a Managing Director of Tourism Australia.

44   Duties

             (1)  The Managing Director is to conduct the affairs of Tourism Australia subject to the directions of, and in accordance with policies determined by, the Board.

             (2)  Anything done by the Managing Director in Tourism Australia’s name, or on its behalf is taken to have been done by Tourism Australia.

45   Appointment

             (1)  The Managing Director is to be appointed by the Board by written instrument.

             (2)  The Board must not appoint an appointed member as the Managing Director.

             (3)  The appointment of a person as Managing Director is not invalid because of a defect or irregularity in connection with the person’s appointment.

46   Term of appointment

                   A person appointed as Managing Director holds office for the period specified in the instrument of appointment.

47   Acting Managing Director

             (1)  The Board may appoint a person (other than a member) to act as the Managing Director:

                     (a)  during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Managing Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          Under section 33A of the Acts Interpretation Act 1901 , this Act applies in relation to a person acting in a particular office as if the person were the holder of the office.

             (2)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

48   Remuneration and allowances

             (1)  The Managing Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Managing Director is to be paid the remuneration that is prescribed.

             (2)  The Managing Director is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

49   Outside employment

                   The Managing Director must not engage in paid employment outside the duties of the Managing Director’s office without the Board’s approval.

50   Recreation leave

                   The Managing Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.

51   Resignation

                   The Managing Director may resign his or her appointment by giving the Chair a written resignation.

52   Disclosure of interests

                   The Managing Director must give written notice to the Chair of all interests (financial or otherwise) that the Managing Director has or acquires and that could conflict with the proper performance of the Managing Director’s duties.

53   Termination of appointment

                   The Board may at any time, in writing, terminate the appointment of the Managing Director.

54   Other terms and conditions

                   The Managing Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board with the Minister’s written approval.



 

Division 2 Employees and consultants

55   Employees

             (1)  The Board may, on behalf of Tourism Australia, employ such persons as the Board considers necessary for the performance of Tourism Australia’s functions and the exercise of Tourism Australia’s powers.

             (2)  An employee is to be employed on the terms and conditions that the Board determines in writing.

56   Consultants

             (1)  The Board may, on behalf of Tourism Australia, engage persons having suitable qualifications and experience as consultants to the Board.

             (2)  A consultant is to be engaged on the terms and conditions that the Board determines in writing.

             (3)  A person does not hold a public office within the meaning of the Remuneration Tribunal Act 1973 if the person is engaged as a consultant.



 

Part 6 Finance

   

57   Payments to Tourism Australia by Commonwealth

             (1)  There is payable to Tourism Australia such money as is appropriated by the Parliament for the purposes of Tourism Australia.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to Tourism Australia.

             (3)  In this section:

Finance Minister means the Minister administering the Financial Management and Accountability Act 1997 .

58   Money of Tourism Australia

             (1)  The money of Tourism Australia consists of:

                     (a)  money paid to Tourism Australia under section 57; and

                     (b)  any other money paid to Tourism Australia.

             (2)  The money of Tourism Australia (other than money vested in Tourism Australia on trust) is to be applied only:

                     (a)  to pay or discharge the costs, expenses and other obligations incurred by Tourism Australia in the performance of its functions and the exercise of its powers; and

                     (b)  to pay any remuneration or allowances payable under this Act.

             (3)  Subsection (2) does not prevent investment of surplus money of Tourism Australia under section 18 of the Commonwealth Authorities and Companies Act 1997 .

59   Limits on contracts and leases

             (1)  Except with the written approval of the Minister, the Board must not:

                     (a)  enter into a contract under which Tourism Australia is to pay or receive an amount exceeding $5,000,000 or, if a higher amount is prescribed, that higher amount; or

                     (b)  enter into a lease of land for a period of 10 years or more.

             (2)  Paragraph (1)(a) does not apply to the investment of money by Tourism Australia in accordance with section 18 of the Commonwealth Authorities and Companies Act 1997 .

60   Liability to taxation

             (1)  Tourism Australia is subject to taxation under the laws of the Commonwealth.

             (2)  Subject to subsection (3), Tourism Australia is not subject to taxation under a law of a State or Territory.

             (3)  The regulations may provide that subsection (2) does not apply in relation to a specified law of a State or Territory.

Note:          For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

61   Trust property

                   Despite the other provisions of this Act, the Board must deal with any money or property vested in Tourism Australia on trust in accordance with the powers and functions of the Board as trustee.



 

Part 7 Other matters

   

62   Delegation by Board

             (1)  The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to:

                     (a)  a member of the Board; or

                     (b)  a member of staff of Tourism Australia who has the expertise appropriate to the function or power delegated.

             (2)  In exercising a delegated function or power, the delegate must comply with any written directions of the Board.

             (3)  The delegation continues in force despite a change in the membership of the Board.

             (4)  The delegation may be varied or revoked by resolution of the Board (whether or not there has been a change in the membership of the Board).

             (5)  A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.

             (6)  A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.

63   Delegation by Managing Director

             (1)  The Managing Director may, in writing, delegate all or any of his or her functions or powers to a member of the Tourism Australia staff who has the expertise appropriate to the function or power delegated.

             (2)  In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Managing Director.

64   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 1 April 2004

Senate on 15 June 2004 ]

(59/04)