CULTURAL FACILITIES CORPORATION ACT 1997 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 4. What is a designated location? PART 2--THE CORPORATION Division 2.1--Establishment and functions of corporation 5. Establishment of corporation 6. Functions of corporation 7. Considerations for corporation exercising functions 8. Advisory committees Division 2.2--Governing board of corporation 9. Establishment of governing board 11. Chief executive officer of corporation PART 3--CORPORATION STAFF AND CONSULTANTS 13. Consultants PART 4--MISCELLANEOUS 14. Ministerial directions 15. Quarterly reports 16. Corporation's annual report 17. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES CULTURAL FACILITIES CORPORATION ACT 1997 - LONG TITLE An Act to establish the Cultural Facilities Corporation, and for related purposes CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 1 Name of Act This Act is the Cultural Facilities Corporation Act 1997. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere. For example, the signpost definition 'designated location--see section 4.' means that the term 'designated location' is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 4 What is a designated location? (1) A location is a designated location if it is-- (a) a location mentioned in schedule 1; or (b) a location declared by the Minister under subsection (2) to be a designated location. (2) The Minister may declare a location to be a designated location. (3) A declaration under subsection (2) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. Note for pt 2 The governance of territory authorities, including the corporation, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them. The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 5 Establishment of corporation The Cultural Facilities Corporation is established. Note The Legislation Act, dict, pt 1, defines establish as including continue in existence. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 6 Functions of corporation The functions of the corporation are-- (a) to manage, develop, present, coordinate and promote cultural activities at designated locations and other places in the ACT; and (b) to establish and research collections; and (c) to conserve and exhibit collections in the possession or under the control of the corporation; and (d) to manage and develop Civic Square precinct as a cultural focus of the ACT; and (e) to undertake activities, in cooperation with other people if appropriate, to exercise its other functions; and (f) to exercise other functions given to the corporation under this Act or another territory law. Note A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 7 Considerations for corporation exercising functions In exercising its functions, the corporation must consider-- (a) any cultural policies or priorities of the Executive known to the corporation; and (b) other cultural activities in the ACT. Note The corporation is also required to comply with applicable governmental policies (see Financial Management Act 1996, s 103). CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 8 Advisory committees (1) To assist the corporation in the exercise of its functions, the corporation-- (a) must set up advisory committees for-- (i) museum collections; and (ii) historic places; and (iii) the performing arts; and (b) may set up other advisory committees that the corporation considers necessary. (2) An advisory committee may decide how to exercise its functions. (3) However, an advisory committee is subject to the direction of the corporation in the exercise of its functions. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 9 Establishment of governing board The corporation has a governing board. Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)). 10 Governing board members The governing board has 7 members. Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79. Note 2 The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)). CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 11 Chief executive officer of corporation The chief executive officer of the corporation must be a public servant. Note A chief executive officer must be appointed under the Financial Management Act 1996, s 80 (3). 12 Staff The corporation's staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a chief executive under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff). Under that Act, dict, def "chief executive officer", the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 13 Consultants (1) The corporation may engage consultants. (2) However, the corporation must not enter into a contract of employment under this section. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 14 Ministerial directions (1) The Minister may direct the corporation, in writing, about the exercise of its functions, either generally or for a particular matter. (2) The corporation must give effect to the direction. (3) The Minister must present a copy of a direction to the Legislative Assembly within 5 sitting days after the day it is given to the corporation. (4) The Territory must pay to the corporation the reasonable costs of complying with a direction. (5) The amount payable under subsection (4) is-- (a) the amount agreed by the corporation and the Treasurer; or (b) if the corporation and the Treasurer cannot agree--the amount decided by the Chief Minister. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 15 Quarterly reports (1) As soon as practicable after the end of each quarter, the corporation must give the Minister a report on the operation during the quarter of-- (a) this Act; and (b) the corporation. (2) The Minister must present the report to the Legislative Assembly within 6 sitting days after the day the report is received. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 16 Corporation's annual report A report prepared by the corporation under the Annual Reports (Government Agencies) Act 2004 for a financial year must include-- (a) a copy of any direction given under section 14 (Ministerial directions) during the year; and (b) a statement by the corporation about action taken during the year to give effect to any direction given (whether before or during the year) under that section. Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004. CULTURAL FACILITIES CORPORATION ACT 1997 - SECT 17 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. CULTURAL FACILITIES CORPORATION ACT 1997 - SCHEDULE 1 Schedule 1 Designated locations (see s 4) column 1 item column 2 designated locations 1 Canberra Theatre Centre 2 Canberra Museum and Gallery 3 Lanyon Historic Property 4 Calthorpes' House 5 Nolan Gallery 6 Mugga Mugga (block 6, section 103, Symonston) CULTURAL FACILITIES CORPORATION ACT 1997 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: o ACT o public servant o quarter o sitting day o under. "Civic Square precinct" means the land making up blocks 18, 20 and 22, section 19, division of City, Canberra Central district. "corporation" means the Cultural Facilities Corporation. "cultural activities" includes artistic, historical or other cultural entertainments, displays and exhibitions. "designated location"--see section 4. "governing board" means the governing board of the corporation. CULTURAL FACILITIES CORPORATION ACT 1997 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Cultural Facilities Corporation Act 1997 No 48 notified 19 September 1997 (Gaz 1997 No S264) s 1, s 2 commenced 19 September 1997 (s 2 (1)) remainder commenced 1 November 1997 (s 2 (2) and Gaz 1997 No S325) as amended by Acts Revision (Taxation of Territory Authorities) Act 1998 No 35 sch pt 1 notified 14 October 1998 (Gaz 1998 No 41) commenced 14 October 1998 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 95 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 95 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Taxation (Government Business Enterprises) Act 2003 A2003-12 sch 1 pt 1.2 notified LR 27 March 2003 s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2)) sch 1 pt 1.2 commenced 28 March 2003 (s 2 (2)) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.10 notified LR 19 March 2004s 1, s 2 commenced 19 March 2004 (LA s 75 (1))sch 1 pt 1.10 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.14 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.14 commenced 2 June 2005 (s 2 (1)) Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.7 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.7 commenced 1 January 2006 (s 2 (2)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.27 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.27 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.21 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.21 commenced 26 August 2008 (s 2) 4 Amendment history Dictionarys 2 om R1 LRA ins A2005-20 amdt 3.107 Notess 3 am 2001 No 44 amdt 1.1014, amdt 1.1016 sub A2005-20 amdt 3.107 def Civic Square precinct om A2005-20 amdt 3.107 def corporation om A2005-20 amdt 3.107 def cultural activities om A2005-20 amdt 3.107 def designated location am 2001 No 44 amdt 1.1015 om A2005-20 amdt 3.107 def member om A2005-20 amdt 3.107 def plan om A2005-20 amdt 3.107 def Public Sector Management Act om A2005-20 amdt 3.107 What is a designated location?s 3A renum as s 4 What is a designated location?s 4 orig s 4 renum as s 5 (prev s 3A) ins 2001 No 44 amdt 1.1017 sub A2005-20 amdt 3.108 renum A2005-52 amdt 1.90 The corporationpt 2 hdg sub A2005-20 amdt 3.109; A2005-52 amdt 1.91 Establishment and functions of corporationdiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA sub A2005-20 amdt 3.110 Establishment of corporations 5 orig s 5 renum as s 6 (prev s 4) sub A2005-20 amdt 3.111 renum A2005-52 amdt 1.92 Functions of corporation s 6 hdg (prev s 5 hdg) sub A2005-20 amdt 3.112s 6 orig s 6 sub A2005-20 amdt 3.115 om A2005-52 amdt 1.94 (prev s 5) am A2005-20 amdt 3.113, amdt 3.114 renum A2005-52 amdt 1.93 Considerations for corporation exercising functionss 7 sub A2005-20 amdt 3.116 am A2005-52 amdt 1.95 Advisory committeess 8 sub A2005-20 amdt 3.117 Governing board of corporationdiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA sub A2005-52 amdt 1.97 Establishment of governing boards 9 om A2005-52 amdt 1.96 ins A2005-52 amdt 1.97 am A2008-28 amdt 3.76 Governing board memberss 10 am A2005-20 amdt 3.118, amdt 3.119 sub A2005-52 amdt 1.97 Chief executive officer of corporations 11 sub A2005-52 amdt 1.97 Meetingsdiv 2.3 hdg (prev pt 2 div 3 hdg) renum R2 LA om A2005-52 amdt 1.97 Corporation staff and consultantspt 3 hdg sub A2005-52 amdt 1.98 Chief executive officerdiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA om A2005-52 amdt 1.99 Staff and consultantsdiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA om A2005-52 amdt 1.100 Staffs 12 orig s 12 om A2005-52 amdt 1.97 (prev s 19) am A2005-20 amdt 3.120 renum A2005-52 amdt 1.101 am A2007-3 amdt 3.136 Consultantss 13 orig s 13 om A2005-52 amdt 1.97 (prev s 20) renum A2005-52 amdt 1.101 Miscellaneouspt 4 hdg orig pt 4 hdg om A2005-52 amdt 1.102 (prev pt 5 hdg) renum A2005-52 amdt 1.103 Ministerial directionss 14 orig s 14 om A2005-52 amdt 1.97 (prev s 28) sub A2005-20 amdt 3.121 renum A2005-52 amdt 1.105 Quarterly reportss 15 orig s 15 om A2005-52 amdt 1.97 (prev s 29) sub A2005-20 amdt 3.122 renum A2005-52 amdt 1.105 Corporation's annual reports 16 orig s 16 om A2005-52 amdt 1.97 (prev s 30) sub A2004-9 amdt 1.13 renum A2005-52 amdt 1.105 Regulation-making powers 17 orig s 17 om A2005-52 amdt 1.99 (prev s 31) am A2005-20 amdt 3.123 renum A2005-52 amdt 1.105 Roles 18 om A2005-52 amdt 1.99 Staffs 19 renum as s 12 Consultantss 20 renum as s 13 Definitions for pt 4s 21 om A2005-52 amdt 1.102 Management focuss 22 om A2005-52 amdt 1.102 Business planss 23 om A2005-52 amdt 1.102 Development of business planss 24 om A2005-52 amdt 1.102 Modification of business planss 25 om A2005-52 amdt 1.102 Application of Financial Management Act, pt 8s 26 om A2005-52 amdt 1.102 Miscellaneouspt 5 hdg renum as pt 4 hdg Provision of informations 27 om A2005-52 amdt 1.104 Ministerial directionss 28 renum as s 14 Quarterly reportss 29 renum as s 15 Corporation's annual reports 30 renum as s 16 Liability for ACT taxes etcs 30A ins 1998 No 35 sch pt 1 om A2003-12 amdt 1.2 Regulation-making powers 31 renum as s 17 Vesting of assetss 32 om A2005-52 amdt 1.106 Repeal of designated location declarations 33 om R1 LRA ins A2005-20 amdt 3.124 exp 2 June 2005 (s 33 (2)) Repeals 34 om R1 LRA Designated locationssch 1 sub A2005-20 amdt 3.125 Appointment and terms and conditions of appointed memberssch 2 ss renum R5 LA om A2005-52 amdt 1.107 Dictionarydict ins A2005-20 amdt 3.126 def Civic Square precinct ins A2005-20 amdt 3.126 def corporation ins A2005-20 amdt 3.126 def cultural activities ins A2005-20 amdt 3.126 def designated location ins A2005-20 amdt 3.126 am A2005-52 amdt 1.108 def governing board ins A2005-52 amdt 1.109 def member ins A2005-20 amdt 3.126 om A2005-52 amdt 1.110 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1998 No 35 20 October 2000 2 Act 2001 No 44 23 April 2002 3 A2003-12 28 March 2003 4 A2004-9 13 April 2004 5 A2005-20 2 June 2005 6 A2005-20 3 June 2005 7 A2005-52 1 January 2006 8 A2007-3 12 April 2007 (c) Australian Capital Territory 2008 CULTURAL FACILITIES CORPORATION ACT 1997 - NOTES Australian Capital Territory A1997-48 Republication No 9 Effective: 26 August 2008 Republication date: 26 August 2008 Last amendment made by A2008-28Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Cultural Facilities Corporation Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 August 2008. It also includes any amendment, repeal or expiry affecting the republished law to 26 August 2008. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Cultural Facilities Corporation Act 1997 Endnotes Australian Capital Territory Cultural Facilities Corporation Act 1997