1 July 2025
This Act is the Creative Australia Act 2023.
1 Short title
The Creative Australia Act 2023 is a law.
1 Section 1
10 Constitution of Creative Australia
Must have a seal, may acquire and dispose of property, may sue and be sued.
10(1) Constitution of Creative Australia
Seal of Creative Australia must not be used except as authorised by the Board.
10(2) Constitution of Creative Australia
must not be used except as authorised by the Board.
Prohibits use of seal within a specific time frame.
(2) Creative Australia’s seal is to be kept in such custody as the Board directs.
Uses cognitive AI to enforce prohibition on use of seal.
Prohibits use of seal without authorisation.
Support functions for Australian arts practice
11 Functions
12 Powers
12(1) Powers
...to do all things necessary or convenient...
List of powers held by Creative Australia
12(2) Powers
...the following powers: (a) the power to enter into contracts;
(2) Creative Australia’s powers include, but are not limited to...
...the power to acquire, hold and dispose of real or personal property;
(c) the power to occupy, use and control any land or building...
Creative Australia recognizes its powers
...the power to provide financial assistance (whether by way of loan, grant, investment, award or otherwise and whether on commercial terms or otherwise);
(d) the power to acquire, hold and dispose of real or personal property;
Must consider Commonwealth Government policies and directions on arts matters.
13 Matters to be taken into account by Creative Australia
14 Ministerial directions
The Minister may give directions to the Board.
14(1) Ministerial directions
Temporal relation to legislative instrument
Permission to provide a report or advice
(b) requiring the provision of a report or advice on a matter that relates to any of Creative Australia’s functions or powers.
The Minister cannot give a direction in relation to the making of a decision by Creative Australia.
14(2) Ministerial directions
Ensure compliance with Ministerial directions.
14(3) Ministerial directions
Does not limit the operation of section 19 of the PGPA Act
14(4) Ministerial directions
Section 19 operates during section 14(4)
The operation of section 19 is during the operation of section 14(4)
Section 14(4) does not limit the operation of section 19
The CogAI system recognizes that section 14(4) does not limit the operation of section 19
Does not limit the operation of section 19
Information about section 19 diffuses from section 14(4)
The information about section 19 diffuses from section 14(4)
Section 19 can operate without restriction
If section 14(4) does not limit the operation of section 19, then section 19 can operate without restriction
No privileges and immunities of the Crown in right of the Commonwealth.
15 Creative Australia does not have privileges and immunities of the
15A First Nations Arts
There is a part of Creative Australia known as First Nations Arts.
15A(1) First Nations Arts
Support and promote Aboriginal and Torres Strait Islander arts practice.
15A(2) First Nations Arts
(2) First Nations Arts is responsible for:
Designate an employee of Creative Australia as the director of First Nations Arts
15A(3) First Nations Arts
Consultation requirement for designating a person under subsection (3)
15A(4) First Nations Arts
16 Music Australia
There is a part of Creative Australia known as Music Australia.
16(1) Music Australia
Music Australia is a part of Creative Australia
Support and promote Australian contemporary music practice.
16(2) Music Australia
Music Australia must support and promote Australian contemporary music practice.
(2) Music Australia is responsible for: (a) supporting and promoting Australian contemporary music practice;
CEO must designate an employee as Music Australia director in writing.
16(3) Music Australia
16(4) Music Australia
The CEO must consult the Minister BEFORE designating a person under subsection (3)
Temporal relationship between consultation and designation
CEO must consult the Minister before designating a person under subsection (3)
16A Writing Australia
There must be a part of Creative Australia known as Writing Australia.
16A(1) Writing Australia
Writing Australia contains the part of Creative Australia
Temporal relationship between parts of Creative Australia
(1) There is to be a part of Creative Australia known as Writing Australia.
If there must be a part of Creative Australia, then it must be called Writing Australia
Implication from obligation to create a part
The obligation is validated by the system
Validation of obligation through artificial intelligence
Obligation to create a part of Creative Australia
The obligation applies to the creation of Writing Australia
Application of obligation to create a part
Directs Writing Australia to support and promote the Australian literature sector, markets, and audiences.
16A(2) Writing Australia
Directs Writing Australia to perform certain actions.
Permits Writing Australia to perform other matters as directed by the Board.
Designate an employee of Creative Australia as the director of Writing Australia in writing.
16A(3) Writing Australia
CEO must consult Minister before designating person under subsection (3)
16A(4) Writing Australia
before designating person under subsection (3)
17 Creative Workplaces
There is a part of Creative Australia known as Creative Workplaces.
17(1) Creative Workplaces
Creative Workplaces is a part of Creative Australia
Promote fair, safe and respectful workplaces for Australian artists and others involved in Australian arts practice.
17(2) Creative Workplaces
Obligation to promote fair, safe and respectful workplaces.
The Minister must consult the Chair before appointing a member other than the Chair.
18 Simplified outline of this Part
Temporal relationship between appointment and consultation
19 Establishment
The Australia Council Board is established.
2 Commencement
20 Role
The Board is responsible for ensuring proper and efficient performance of Creative Australia's functions.
20(1) Role
The Board must ensure proper and efficient performance during its existence.
This section specifies a temporal interval during which the Board's responsibility applies.
(1) The Board is responsible for ensuring the proper and efficient performance of Creative Australia’s functions.
The Board must ensure proper and efficient performance.
This section makes a claim about the Board's responsibility.
The Board must have the capability to ensure proper and efficient performance.
This section specifies a capability required by the Board.
The Board has an obligation to ensure proper and efficient performance.
The Board must ensure proper and efficient performance to all stakeholders.
This section specifies how the Board's responsibility is disseminated.
The Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its duties.
20(2) Role
The Board can do all things necessary or convenient...
Anything done in the name of Creative Australia is taken to have been done by Creative Australia.
20(3) Role
Function or power may be performed or exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.
20(4) Role
21 Membership
21(1) Membership
(1) The Board consists of the following members:
The performance of functions/powers is not affected by the number of Board members below 8 for a period of not more than 6 months.
21(2) Membership
The condition overlaps with the specified time frame.
The condition is met for a period of not more than 6 months.
(2) The performance of the functions, or the exercise of the powers, of the Board is not affected by reason only of the number of Board members falling below 8 (but not below 6) for a period of not more than 6 months
The performance of the functions, or the exercise of the powers, of the Board is not affected by reason only of the number of Board members falling below 8
Performance is necessary regardless of the number of Board members.
(2) The performance of the functions, or the exercise of the powers, of the Board...
The condition permits the Board to perform its functions despite having fewer members.
The Board can still perform its functions despite having fewer members.
The condition holds until the end of the specified time frame.
The condition is met until the end of the 6-month period.
22 Appointment
Board members must be appointed by the Minister
22(1) Appointment
The appointment of a Board member starts at the time of their appointment
Temporal relationship between appointment and board membership
The appointed Board members are to be appointed by the Minister
If a person is appointed, they become a Board member
Implication between appointment and board membership
The cognitive relationship includes becoming a Board member
Cognitive relationship between appointment and board membership
The Minister must appoint the Board members
The diffusion of appointment includes becoming a Board member
Diffusion of appointment to board membership
The appointed Board members are the Board members other than the CEO (see section 4)
Consultation requirement for appointing Board members
22(2) Appointment
No person can be appointed without appropriate qualifications, knowledge, skills or experience.
22(3) Appointment
Defines temporal interval for appointment eligibility.
Prohibits appointment without qualifications.
Must consider desirability of Board including members with skills, experience or involvement in the arts.
22(4) Appointment
The period during which the Minister must consider the desirability of the Board including members who have skills, experience or involvement in the arts.
Temporal interval for consideration of desirability
(4) In making appointments, the Minister...
Must have regard to the desirability of the Board including members who have skills, experience or involvement in the arts.
Obligation to consider desirability of Board members
Duty on appointed Board members to hold office on a part-time basis.
22(5) Appointment
An appointed Board member's term begins during the part-time basis.
(5) An appointed Board member holds office on a part-time basis.
If an appointed Board member is appointed, then they hold office on a part-time basis.
The appointing authority recognizes the duty to hold office on a part-time basis in an appointed Board member.
An appointed Board member has an obligation to hold office on a part-time basis.
The duty to hold office on a part-time basis diffuses from the appointing authority to the appointed Board member.
An appointed Board member must hold office for a period not exceeding 4 years.
22(6) Appointment
The appointed Board member's office period overlaps with a period of 4 years or less.
The appointed Board member must hold office for a period not exceeding 4 years.
(6) An appointed Board member holds office for the period specified in the instrument of appointment.
The appointed Board member's office term does not exceed 4 years.
The diffusion of the appointed Board member's office obligation does not exceed 4 years.
No appointment for more than 9 years is allowed.
22(7) Appointment
Prohibits appointment for more than 9 years.
23 Acting appointments
23 June
The Deputy Chair must act as the Chair during a vacancy or when the Chair is absent.
23(1) Acting appointments
The Deputy Chair must act as the Chair during a specific time period.
(b) during any period, or during all periods, when the Chair:
The Deputy Chair's action implies that they are acting as the Chair.
(i) is absent from duty; or (ii) is, for any reason, unable to perform the duties of the office.
The Deputy Chair's action is related to artificial intelligence.
(ii) is, for any reason, unable to perform the duties of the office.
(1) The Deputy Chair is to act as the Chair:
The Deputy Chair's action is related to the diffusion of authority.
Appoint Deputy Chair during vacancy or absence
23(2) Acting appointments
The Minister may appoint a person to act as an appointed Board member under certain conditions.
23(3) Acting appointments
Applicability of subsections to acting appointments
23(4) Acting appointments
Subsections apply to acting appointments
24 August 2023
24 Remuneration
Board member must be paid remuneration determined by Remuneration Tribunal or prescribed by rules.
24(1) Remuneration
Board member must be paid allowances prescribed by the rules.
24(2) Remuneration
Remuneration subject to the Remuneration Tribunal Act 1973.
24(3) Remuneration
Amendment of Creative Australia Act 2024
25 Leave
Grant leave of absence on terms and conditions determined by the Minister.
25(1) Leave
Grant of leave of absence to Board members
25(2) Leave
Chair must notify Minister of leave exceeding 6 months
25(3) Leave
26 Resignation
A Board member may resign by giving the Minister a written resignation.
26(1) Resignation
Resignation takes effect on specified day
26(2) Resignation
27 Termination
Minister may terminate appointment of Board member under certain conditions.
27(1) Termination
Termination of appointment for certain reasons
27(2) Termination
Prohibition on termination for certain reasons
Member becomes bankrupt or applies to take the benefit of any law...
Terms and conditions for Board members not covered by this Act
28 Other terms and conditions
29 Convening meetings
The Board must hold meetings as necessary for efficient performance of its functions.
29(1) Convening meetings
Chair must convene meetings at least 4 times a year and within 30 days of request.
29(2) Convening meetings
Convening meetings within 30 days is a temporal constraint.
Chair must convene at least 4 meetings and within 30 days.
Must regard Commonwealth Government's policies and directions given by the Minister.
3 Simplified outline of this Act
30 Quorum
A quorum is constituted by a majority of the current appointed Board members.
30(1) Quorum
Quorum constitutes a majority of the current appointed Board members.
Quorum exception for appointed Board members
30(2) Quorum
31 Presiding at meetings
Chair must preside at all meetings of the Board when present.
31(1) Presiding at meetings
Chair must preside at meeting if Deputy Chair is present.
31(2) Presiding at meetings
Board members must appoint a presider if the Chair and Deputy Chair are not present.
31(3) Presiding at meetings
The presider's appointment is contingent on the meeting's duration.
Temporal interval for presider appointment
The other appointed Board members must appoint a presider before the meeting concludes.
The absence of a Chair or Deputy Chair necessitates a presider's appointment.
Presider appointment implies meeting constitution
If the Chair and Deputy Chair are not present, then a presider must be appointed.
The presider's appointment requires a collective decision-making process among the Board members.
Presider appointment as a cognitive event
The other appointed Board members must cognitively process the need for a presider.
The other appointed Board members must appoint one of themselves to preside.
Neither the Chair nor the Deputy Chair is present.
The presider's appointment is a distributed decision among the Board members.
Presider appointment as a diffusion event
The other appointed Board members must diffuse the responsibility of presiding.
32 Voting at meetings
A majority of votes determines a question at a meeting
32(1) Voting at meetings
Requires relation between identifiable temporal intervals
(1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the appointed Board members present and voting.
The person presiding at a meeting of the Board must have a deliberative vote.
32(2) Voting at meetings
The Board must keep minutes of its meetings.
33 Minutes
Regulate proceedings at meetings as considered appropriate.
34 Conduct of meetings
35 Decisions without meetings
Establishes the First Nations Board and its functions.
35A Simplified outline of this Part
There is an obligation to support Aboriginal and Torres Strait Islander arts practice at the time of the First Nations Board's establishment.
Defines the temporal relationship between the First Nations Board's establishment and its support for Aboriginal and Torres Strait Islander arts practice.
The First Nations Board has a number of functions, including to support and invest in a diverse range of Aboriginal and Torres Strait Islander arts practice.
Supporting Aboriginal and Torres Strait Islander arts practice is necessary for the effective functioning of the First Nations Board.
Justifies the need for the First Nations Board to support Aboriginal and Torres Strait Islander arts practice.
There is an obligation to support Aboriginal and Torres Strait Islander arts practice.
Creates an obligation to support Aboriginal and Torres Strait Islander arts practice.
There is an obligation to appoint members to the First Nations Board.
Creates an obligation to appoint members to the First Nations Board.
The Minister appoints the members of the First Nations Board.
Establishment of the First Nations Board
35B Establishment
35C Functions
Perform specified functions and exercise powers of Creative Australia.
35C(1) Functions
Has the obligation to perform specified functions.
The Board may direct the First Nations Board to perform other functions.
35C(2) Functions
The Board must allocate money to the First Nations Board.
35D First Nations Board budget
35E Board directions
The First Nations Board must comply with directions from the Board.
35E(1) Board directions
Board cannot give direction in relation to First Nations Board decision on financial assistance.
35E(2) Board directions
...in relation to the making of a decision by the First Nations Board...
Temporal interval for Board's prohibition
Implication of Board's prohibition on direction
Knowledge representation of Board's prohibition in direction-making process
Propagation of Board's prohibition through direction-making process
Legislative instrument not applicable for written directions.
35E(3) Board directions
Direction is not a legislative instrument.
35F Membership
Defines membership of the First Nations Board.
35F(1) Membership
The membership structure overlaps with the board's existence.
(1) The First Nations Board consists of: (a) 2 Co-Chairs of the First Nations Board; and (b) 8 other members.
There is an obligation to have a specific membership structure.
There is a permission to have a specific membership structure.
There is a right to have a specific membership structure.
A First Nations Board member is an official of Creative Australia.
35F(2) Membership
Definition of a First Nations Board member
(2) For the purposes of the finance law, a First Nations Board member is an official of Creative Australia.
An official is an individual who holds a position or office.
A position or office is a role or function held by an individual.
A role or function is an activity or responsibility held by an individual.
An activity or responsibility is a task or duty performed by an individual.
Definition of an activity or responsibility
35G Appointment
The Minister must appoint First Nations Board members by written instrument.
35G(1) Appointment
Consultation requirement before appointing a First Nations Board member
35G(2) Appointment
No one can be appointed as a First Nations Board member unless they meet specific conditions.
35G(3) Appointment
Prohibits appointment without meeting conditions
35G(4) Appointment
Term of office for a First Nations Board member
35G(5) Appointment
35G(6) Appointment
Prohibition of appointment for more than 9 years.
(6) A person must not be appointed as a First Nations Board member for a period if the sum of the following exceeds 9 years:
35H Acting appointments
Minister may appoint First Nations Board member as Co-Chair during vacancy or absence.
35H(1) Acting appointments
The Minister may appoint a person to act as a First Nations Board member under certain circumstances.
35H(2) Acting appointments
Applicability of subsections to appointments under section 35G
35H(3) Acting appointments
Subsection 35G(2) applies to appointments under subsection (2) of this section in the same way as it applies to an appointment under section 35G.
35H(4) Acting appointments
in the same way as it applies to an appointment under section 35G.
Subsection 35G(2) applies in relation to appointments under subsection (2) of this section.
For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
A First Nations Board member must be paid remuneration determined by the Remuneration Tribunal or prescribed by rules.
35J Remuneration
35K Leave
35K(1) Leave
(1) The Minister may grant a Co-Chair of the First Nations Board leave of absence on the terms and conditions that the Minister determines.
Implication of granting leave of absence
Recognition of granting leave of absence by AI system
Spread of information about granting leave of absence
Grant leave of absence on terms and conditions determined by Co-Chairs.
35K(2) Leave
The Co-Chairs of the First Nations Board must notify the Minister if a member is granted leave exceeding 6 months.
35K(3) Leave
The Co-Chairs must notify the Minister within this interval
The Co-Chairs have a duty to inform the Minister
35L Resignation
Must provide written resignation to the Minister.
35L(1) Resignation
35L(2) Resignation
35M Termination
The Minister has the obligation to terminate the appointment of a First Nations Board member under certain circumstances.
35M(1) Termination
...the appointment of a First Nations Board member.
The Minister has the obligation to terminate the appointment.
Termination of appointment under certain conditions
35M(2) Termination
...then the appointment can be terminated
Termination occurs when member is absent from consecutive meetings
Member must attend at least 3 consecutive meetings...
...then the appointment must be terminated
Termination is implied when member meets certain conditions
If member becomes bankrupt or applies for bankruptcy relief...
Prohibition on termination under certain conditions
Terms and conditions for board members not covered by the Act
35N Other terms and conditions
35P Procedures
The First Nations Board may determine its own procedures.
35P(1) Procedures
The Board may give written directions to the First Nations Board about its procedures.
35P(2) Procedures
A direction given under subsection (2) is not a legislative instrument.
35P(3) Procedures
Prohibition of direction being a legislative instrument
(3) A direction given under subsection (2)
The Board may direct the Council to perform a particular function, or exercise a particular power.
36 Simplified outline of this Part
Directing the Council to perform an action.
Establishment of Music Australia Council
37 Establishment
38 Functions
To advise the Board about responsibilities and perform directed functions.
38(1) Functions
(b) to perform a function, or exercise a power, of Creative Australia as directed under subsection (2);
(a) to advise the Board about the responsibilities of Music Australia;
Possesses an incidental or conducive action
(c) to do anything incidental or conducive to the performance of any of the above functions.
The Board may direct the Music Australia Council to perform a particular function.
38(2) Functions
The Board may give directions to the Music Australia Council.
38(3) Functions
Direction in writing is not a legislative instrument.
38(4) Functions
the direction is not a legislative instrument.
Temporal relation of writing to direction
(4) If a direction given under subsection (2) or (3) is given in writing,
Inference from writing to non-legislative instrument
Semantic relation of writing to direction
Equivalence between writing and non-legislative instrument
39 Membership
The Music Australia Council must consist of the Chair and 8 other members.
39(1) Membership
Membership is during the existence of the council.
(1) The Music Australia Council consists of: (a) the Chair of the Music Australia Council; and (b) 8 other members.
The council must have the specified members as its members.
The council has the specified members as its members.
(a) the Chair of the Music Australia Council; and (b) 8 other members.
The council must consist of the specified members.
The council diffuses its membership to the specified individuals.
39(2) Membership
An appointed Music Australia Council member is an official of Creative Australia.
39(3) Membership
Definitions for Creative Australia Act 2023
4 Definitions
40 Appointment
Minister must appoint Music Australia Council members by written instrument.
40(1) Appointment
Music Australia Council members must be appointed
Minister appointed Music Australia Council members
Consult Chair of Music Australia Council before appointing a member.
40(2) Appointment
Must consult Chair of Music Australia Council
(2) The Minister must consult the Chair of the Music Australia Council before appointing an appointed Music Australia Council member.
Must have appropriate qualifications, knowledge, skills or experience to be appointed.
40(3) Appointment
Must have appropriate qualifications, knowledge, skills or experience.
An appointed Music Australia Council member must hold office on a part-time basis.
40(4) Appointment
An appointed Music Australia Council member holds office on a part-time basis.
Term of appointment for Music Australia Council members
40(5) Appointment
The appointed Music Australia Council member is in office during the specified period.
(5) An appointed Music Australia Council member holds office for the period specified in the instrument of appointment.
The appointed Music Australia Council member must hold office for the specified period.
The appointed Music Australia Council member may be reappointed under certain circumstances.
An appointed Music Australia Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
The appointed Music Australia Council member's term must not exceed 4 years.
The appointed Music Australia Council member is an instrument of appointment.
(5) The period specified in the instrument of appointment.
40(6) Appointment
...for a period if the sum of... exceeds 9 years:
41 Acting appointments
Minister may appoint Chair of Music Australia Council
41(1) Acting appointments
The Minister may appoint a person to act as an appointed Music Australia Council member.
41(2) Acting appointments
41(3) Acting appointments
Music Australia Council member must be paid remuneration determined by the Remuneration Tribunal.
42 Remuneration
43 Leave
Grant leave on terms and conditions determined by the Minister.
43(1) Leave
Chair of Music Australia Council may be granted leave
Granting leave implies permission from Minister
Grant leave of absence to appointed members on terms and conditions determined by the Chair.
43(2) Leave
43(3) Leave
44 Resignation
44(1) Resignation
44(2) Resignation
45 Termination
The Minister may terminate the appointment of an appointed Music Australia Council member.
45(1) Termination
The Minister may terminate the appointment.
Minister must terminate appointment of Music Australia Council member under certain conditions.
45(2) Termination
Member must attend consecutive meetings to avoid termination
The member is absent from three consecutive meetings of the Music Australia Council.
The Minister must terminate the appointment of an appointed member if...
Minister has a duty to terminate appointment
The Minister is responsible for managing the Music Australia Council.
Minister has a duty to terminate appointment if conditions are met
Minister determines terms and conditions for appointed Music Australia Council members.
46 Other terms and conditions
Minister's obligation to determine terms and conditions.
47 Procedures
Council may determine its own procedures
47(1) Procedures
The Board may give written directions to the Music Australia Council about its procedures.
47(2) Procedures
47(3) Procedures
Prohibits directions from being considered legislative instruments.
47A Simplified outline of this Part
Establishment of Writing Australia Council
47B Establishment
47C Functions
47C(1) Functions
The Writing Australia Council has the following functions:
The Board may direct the Writing Australia Council to perform a particular function.
47C(2) Functions
The Board may give directions to the Writing Australia Council.
47C(3) Functions
Legislative instrument is not a direction given in writing.
47C(4) Functions
Temporal relation between writing and direction.
Direction in writing is not legislative instrument.
47D Membership
47D(1) Membership
47D(2) Membership
An appointed Writing Australia Council member is an official of Creative Australia.
47D(3) Membership
An appointed Writing Australia Council member
47E Appointment
Minister must appoint Writing Australia Council members by written instrument.
47E(1) Appointment
Minister must appoint Writing Australia Council members.
Consult Chair of Writing Australia Council before appointing a member.
47E(2) Appointment
...before appointing an appointed Writing Australia Council member.
Obligation to consult Chair of Writing Australia Council
Minister must ensure appointed person has appropriate qualifications, knowledge, skills or experience.
47E(3) Appointment
An appointed Writing Australia Council member must hold office on a part-time basis.
47E(4) Appointment
The appointment is on a part-time basis.
(4) An appointed Writing Australia Council member holds office on a part-time basis.
If the appointment is part-time, then the member must hold office on that basis.
The CogAI recognizes the part-time appointment.
The appointed member must hold office on a part-time basis.
The part-time appointment spreads to other appointments.
Appointment period must not exceed 4 years.
47E(5) Appointment
Obligation to hold office for no more than 4 years.
47E(6) Appointment
...for a period if the sum... exceeds 9 years
47F Acting appointments
Minister may appoint Chair of Writing Australia Council
47F(1) Acting appointments
The Minister may appoint a person to act as an appointed Writing Australia Council member.
47F(2) Acting appointments
47F(3) Acting appointments
An appointed Writing Australia Council member must be paid remuneration determined by the Remuneration Tribunal.
47G Remuneration
The remuneration payment occurs at a specific time.
Remuneration payment occurs at a specific time
An appointed Writing Australia Council member is to be paid the remuneration that is determined by the Remuneration Tribunal.
The appointed member must be paid the remuneration.
If the member was appointed, then they are entitled to remuneration.
Appointment implies remuneration payment
If the remuneration is paid, then the member was appointed.
Payment of remuneration implies appointment
47H Leave
47H(1) Leave
47H(2) Leave
47H(3) Leave
47J Resignation
An appointed member may resign by giving written notice to the Minister.
47J(1) Resignation
47J(2) Resignation
47K Termination
Termination of appointment for misbehaviour or incapacity
47K(1) Termination
...for misbehaviour; or if the member is unable to perform...
Temporal interval for appointment termination
(1) The Minister may terminate the appointment...
...because of physical or mental incapacity.
CogAI reasoning for appointment termination
(a) for misbehaviour; or (b) if the member is unable to perform...
Prohibition of appointment termination for misbehaviour
Diffusion of appointment termination reasons
Recurring trace for appointment termination
47K(2) Termination
Termination within 3 consecutive meetings
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Writing Australia Council.
(2) The Minister must terminate the appointment of an appointed Writing Australia Council member if:
Terms and conditions for appointed Writing Australia Council members
47L Other terms and conditions
47M Procedures
47M(1) Procedures
The Board may give written directions to the Council's procedures.
47M(2) Procedures
47M(3) Procedures
The Council consists of the Chair and 6 members appointed by the Minister.
48 Simplified outline of this Part
Establishment of Creative Workplaces Council
49 Establishment
The Act extends to external Territories.
5 Extension to external Territories
50 Functions
To advise the Board about responsibilities and perform functions of Creative Australia.
50(1) Functions
Creative Workplaces Council has functions
The Board may direct Creative Workplaces Council to perform a particular function.
50(2) Functions
The Board may give directions to the Creative Workplaces Council.
50(3) Functions
50(4) Functions
51 Membership
The Creative Workplaces Council must have a Chair and 6 other members.
51(1) Membership
(a) the Chair of the Creative Workplaces Council; and (b) 6 other members.
Defines a Creative Workplaces Council member as an official of Creative Australia.
51(2) Membership
Therefore, a Creative Workplaces Council member was an official of Creative Australia during their term.
Temporal relationship between the appointment and the membership
A Creative Workplaces Council member is appointed before becoming an official of Creative Australia.
Therefore, a Creative Workplaces Council member must be an official of Creative Australia.
Definition of a Creative Workplaces Council member
A Creative Workplaces Council member is an official of Creative Australia.
52 Appointment
Minister must appoint Creative Workplaces Council members by written instrument.
52(1) Appointment
Creative Workplaces Council members must be appointed
Consultation requirement for appointing Creative Workplaces Council members
52(2) Appointment
No person can be appointed as a Creative Workplaces Council member unless the Minister is satisfied that the person has appropriate qualifications, knowledge, skills or experience.
52(3) Appointment
Prohibits appointment without proper qualifications
CEO cannot be appointed as a Creative Workplaces Council member.
52(4) Appointment
52(5) Appointment
Creative Workplaces Council member holds office
Member must hold office for a specified period not exceeding 4 years.
52(6) Appointment
52(7) Appointment
53 Acting appointments
Minister may appoint Chair of Creative Workplaces Council
53(1) Acting appointments
The Minister may appoint a person to act as a Creative Workplaces Council member under certain circumstances.
53(2) Acting appointments
Permission to act as a Creative Workplaces Council member
53(3) Acting appointments
54 Remuneration
Member must be paid remuneration determined by the Remuneration Tribunal.
54(1) Remuneration
Member must be paid prescribed allowances
54(2) Remuneration
54(3) Remuneration
55 Leave
Minister may grant leave of absence to Chair of Creative Workplaces Council
55(1) Leave
Grant leave of absence on terms and conditions determined by Chair.
55(2) Leave
Chair must notify Minister of leave exceeding 6 months.
55(3) Leave
56 Resignation
Member must provide written resignation to the Minister.
56(1) Resignation
56(2) Resignation
Minister may terminate appointment of Creative Workplaces Council member for misbehaviour.
57 Termination
Must comply with terms and conditions determined by the Minister
58 Other terms and conditions
59 Procedures
Council may determine its own procedures.
59(1) Procedures
Council has the power to determine its own procedures.
The Board may give written directions about the Council's procedures.
59(2) Procedures
59(3) Procedures
Prohibition of a direction being a legislative instrument
6 Constitutional limits
Must perform functions in accordance with section
6(1) Constitutional limits
(1) Creative Australia may perform its functions only in accordance with this section.
Government functions with respect to activities peculiarly adapted to the government of a nation.
6(2) Constitutional limits
with respect to activities peculiarly adapted...
(2) Creative Australia may perform its functions...
Perform functions with respect to certain activities and external affairs.
6(3) Constitutional limits
(3) In addition, Creative Australia may perform its functions...
Establishment of committees for advisory or assistive purposes
60 Simplified outline of this Part
61 Committees
Establish committees for advisory or assistive purposes.
61(1) Committees
Create an obligation to establish committees.
Ensure committee members have relevant arts experience if terms include policy advice or financial assistance.
61(2) Committees
Ensure committee members have relevant arts experience.
Committees may be constituted in certain ways
61(3) Committees
Board's authority to determine committee terms and conditions.
61(4) Committees
Committee must comply with Board's directions.
61(5) Committees
Committees must provide written directions in certain cases.
61(6) Committees
Member of a committee is an official of Creative Australia for finance law purposes.
61(7) Committees
62 Remuneration and allowances
This section applies if a committee is established under section 61.
62(1) Remuneration and allowances
A committee is established under section 61.
Committee member must be paid remuneration determined by the Remuneration Tribunal or prescribed by rules.
62(2) Remuneration and allowances
Committee member must be paid remuneration.
Committee member must be paid prescribed allowances.
62(3) Remuneration and allowances
Payment must occur within a specified time frame
Remuneration and allowances subject to the Remuneration Tribunal Act 1973.
62(4) Remuneration and allowances
The CEO must act in accordance with policies determined by the Board.
63 Simplified outline of this Part
Establishment of Chief Executive Officer
64 Establishment
65 Role
CEO responsible for day-to-day administration of Creative Australia
65(1) Role
CEO is responsible for day-to-day administration of Creative Australia
65(2) Role
The CEO must act in accordance with Board policies and directions.
65(3) Role
Acts and things done in the name of Creative Australia are taken to have been done by Creative Australia.
65(4) Role
Function or power may be performed or exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.
65(5) Role
Policy or direction in writing is not a legislative instrument.
65(6) Role
The CEO must be appointed by the Board with the written agreement of the Minister.
66 Appointment
The Board may appoint a person to act as CEO under certain circumstances.
67 Acting appointment
68 Other paid work
CEO must not engage in paid work outside office without Chair's approval.
68(1) Other paid work
Notification of approval given under subsection (1)
68(2) Other paid work
69 Remuneration
CEO must be paid remuneration determined by the Remuneration Tribunal or prescribed by rules.
69(1) Remuneration
The CEO must be paid allowances prescribed by the rules.
69(2) Remuneration
The CEO must be paid the allowances prescribed by the rules.
The CEO is to be paid the allowances that are prescribed by the rules.
69(3) Remuneration
7 Provision of financial assistance to constitutional corporations
Constitutional corporations may apply for financial assistance.
7(1) Provision of financial assistance to constitutional corporations
Permission to apply for financial assistance.
Consider an application within a reasonable period after it is made.
7(2) Provision of financial assistance to constitutional corporations
The application must be considered within the specified time frame.
Consider the application within a reasonable period after it is made.
Financial assistance must be requested before provided.
7(3) Provision of financial assistance to constitutional corporations
Requires request for financial assistance.
Must provide written agreement with terms and conditions.
7(4) Provision of financial assistance to constitutional corporations
Corporation must repay amounts of financial assistance under certain circumstances.
7(5) Provision of financial assistance to constitutional corporations
7(6) Provision of financial assistance to constitutional corporations
(6) An amount payable to Creative Australia under the agreement:
70 Leave
Recreation leave entitlements determined by the Remuneration Tribunal.
70(1) Leave
Grant leave of absence on terms and conditions determined by the Chair.
70(2) Leave
Chair must notify Minister if granting leave exceeds one month.
70(3) Leave
71 Resignation
The CEO must provide a written resignation to the Chair.
71(1) Resignation
The CEO has a duty to provide a written resignation.
71(2) Resignation
This provision requires a temporal relation between the resignation and its effective date
The provision specifies a later day for the resignation to take effect
This provision requires an argumentation between the person resigning and the Chair or the person specifying the later date
The provision requires the resignation to be received by the Chair or specified in the resignation
This provision requires a cognitive AI system to process and understand the information about the resignation taking effect on that day
The provision specifies when the resignation takes effect (on a specified day)
This provision classifies as a deontic provision because it specifies a condition under which an action (resignation) is taken
The provision specifies when the resignation takes effect
This provision requires a diffusion of information about the resignation taking effect on that day
Notification of CEO resignation upon Chair's notice.
71(3) Resignation
The Board may terminate the appointment of the CEO under certain conditions.
72 Termination
The Board may terminate the appointment of the CEO.
CEO's terms and conditions for matters not covered by the Act
73 Other terms and conditions
74 Staff
Employment of necessary persons for performance of functions and exercise of powers
74(1) Staff
Employee must be employed on terms and conditions determined by Creative Australia.
74(2) Staff
Creative Australia may engage consultants.
75 Consultants
Makes provision in relation to annual report and financial matters.
76 Simplified outline of this Part
77 Annual report etc.
Annual report must include directions and guarantees.
77(1) Annual report etc.
Minister must cause report to be tabled in Parliament
77(2) Annual report etc.
Minister has a duty to cause report to be tabled
78 Money payable to Creative Australia
78(1) Money payable to Creative Australia
Finance Minister may give directions about payment amounts and times.
78(2) Money payable to Creative Australia
If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
78(3) Money payable to Creative Australia
(3) The direction is not a legislative instrument.
The direction must be given within the same legislative session.
(2) If a direction under subsection (2) is given in writing.
The provision classifies the direction as not a legislative instrument if it is written.
If given in writing, the direction is not a legislative instrument.
The direction being written does not affect its status as a legislative instrument.
If the direction is given in writing, it is not a legislative instrument.
79 Application of money by Creative Australia
Money must be applied only for specific purposes.
79(1) Application of money by Creative Australia
...in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Creative Australia...
(a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by Creative Australia...
...in payment of any remuneration or allowances payable under this Act.
(b) in payment of any remuneration or allowances payable under this Act.
Allow investment of money not immediately required for Creative Australia purposes
79(2) Application of money by Creative Australia
The Minister may give directions to the Board about the performance of Creative Australia's functions.
8 Simplified outline of this Part
80 Restrictions on financial transactions
Restrictions on financial transactions for Creative Australia
80(1) Restrictions on financial transactions
Prohibition of certain actions by Creative Australia
Specifies an amount for financial transactions
80(2) Restrictions on financial transactions
81 Investment
Creative Australia may invest money under specific conditions.
81(1) Investment
Investment of money not immediately required for Creative Australia purposes is also subject to subsection (1) of section 81.
81(2) Investment
Taxation exemption for Creative Australia
82 Taxation
taxation exemption during a specific period
Temporal interval for taxation exemption
section 66 of the Fringe Benefits Tax Assessment Act 1986
Creative Australia is not subject to taxation
Creative Australia may be subject to taxation under certain laws
83 Simplified outline of this Part
84 Delegation by the Minister
The Minister may delegate powers under sections 80 and 86 to certain individuals.
84(1) Delegation by the Minister
Delegated power must comply with written directions of the Minister.
84(2) Delegation by the Minister
84A Delegation by the CEO
CEO may delegate functions to employees or Board members
84A(1) Delegation by the CEO
De delegate must comply with directions of CEO.
84A(2) Delegation by the CEO
85 Compensation for acquisition of property
Commonwealth liable for compensation if acquisition of property is not on just terms.
85(1) Compensation for acquisition of property
Compensation for acquisition of property if Commonwealth and person disagree on amount.
85(2) Compensation for acquisition of property
86 Rules
Minister may make rules by legislative instrument.
86(1) Rules
Rules necessary for carrying out or giving effect to the Act
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Rules must not create an offence or civil penalty, provide powers of arrest or detention, impose a tax, set an amount to be appropriated from the Consolidated Revenue Fund, or directly amend the text of this Act.
86(2) Rules
Rules must not create an offence or civil penalty.
Continuation of Australia Council under new name Creative Australia
9 Establishment
9 July 2024
Creative Australia Act 2023