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