AUSTRALIAN CAPITAL TERRITORY

Canberra Tourism and Events Corporation
Act 1997
No. 5 of 1997
TABLE OF PROVISIONS

Section
PART I—PRELIMINARY
1.	Short title
2.	Commencement
3.	Interpretation
PART II—CORPORATE STATUS
Division 1—Establishment, functions and powers
4.	Establishment
5.	Functions
6.	Powers
7.	Companies, partnerships and joint ventures
Division 2—Membership
8.	Constitution
9.	Chairperson and Deputy Chairperson
10.	Appointed members
11.	Public servant member
Division 3—Meetings
12.	Convening meetings
13.	Procedure
14.	Quorum
15.	Disclosure of interest
PART III—CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS
Division 1—Chief Executive Officer
16.	Office and office holder
17.	Role
Division 2—Staff and consultants
18.	Staff
19.	Consultants
PART IV—MANAGEMENT
20.	Interpretation
21.	Management focus
22.	Business plans
23.	Development of business plans
24.	Modification of business plans
25.	Application of Part VIII of Financial Management Act
PART V—MISCELLANEOUS
26.	Provision of information
27.	Ministerial directions
28.	Quarterly reports
29.	Annual report
30.	Regulations
31.	Vesting of assets
32.	Development of first business plan
schedule
appointment and terms and conditions of appointed members

AUSTRALIAN CAPITAL TERRITORY

Canberra Tourism and Events Corporation
Act 1997
No. 5 of 1997
	
An Act to establish the Canberra Tourism and Events Corporation and for related purposes
[Notified in ACT Gazette S92: 22 April 1997]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
part i—preliminary
Short title
1.  This Act may be cited as the Canberra Tourism and Events Corporation Act 1997.
Commencement
2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Interpretation
3.  In this Act, unless the contrary intention appears—
“Corporation” means the Canberra Tourism and Events Corporation;
“member” means a member of the Corporation;
“Public Sector Management Act” means the Public Sector Management Act 1994.
part ii—corporatE STATUS
Division 1—Establishment, functions and powers
Establishment
4.  (1)  The Canberra Tourism and Events Corporation is established.
(2)  The Corporation—
	(a)	is a body corporate; and
	(b)	shall have a common seal.
Functions
5.  The functions of the Corporation are—
	(a)	to market the Territory to local, interstate and international travellers;
	(b)	to identify tourism opportunities for the Territory;
	(c)	to encourage the ecologically sustainable development of the tourist and travel industry;
	(d)	to establish and operate tourist events and festivals;
	(e)	to construct and operate tourist facilities;
	(f)	to provide tourism, travel information and booking services;
	(g)	to advise the tourist and travel industry on reducing the environmental impact of tourism related activities;
	(h)	to undertake activities in co-operation with other persons where appropriate for the purpose of discharging its other functions;
	(j)	to advise the Minister on matters relating to tourism and the tourism industry of the Territory; and
	(k)	such other functions as are conferred on the Corporation by or under this Act or another law of the Territory.
Powers
6. (1)  The Corporation has power to do all things necessary and convenient to be done in connection with the performance of its functions.
(2)  Without limiting the generality of subsection (1), the Corporation has the same capacity as a natural person.
Companies, partnerships and joint ventures
7.  (1)  The Corporation shall not, without the written approval of the Minister—
	(a)	form, or participate in the formation of, a company;
	(b)	subscribe for, or purchase, company shares or securities;
	(c)	enter into a partnership; or
	(d)	participate in a joint venture.
(2)  The Minister’s approval—
	(a)	shall be given particularly, not generally; and
	(b)	may be expressed to be subject to conditions specified in the approval.
(3)  Where the Corporation enters into a partnership or participates in a joint venture, the Minister shall—
	(a)	cause to be prepared a statement setting out particulars of, and the reasons for, the partnership or joint venture; and
	(b)	cause a copy of the statement to be laid before the Legislative Assembly with the next report given to him or her under subsection 28 (1).
Division 2—Membership
Constitution
8.  (1)  The Corporation shall consist of 7 members, as follows:
	(a)	a Chairperson and 4 other persons appointed by the Minister under clause 2 of the Schedule;
	(b)	the Chief Executive Officer;
	(c)	a public servant appointed under section 11.
(2)  The performance of the functions and the exercise of the powers of the Corporation are not affected by reason only of there being a vacancy or vacancies in the membership of the Corporation.
Chairperson and Deputy Chairperson
9.  (1)  The Minister shall, by instrument, appoint a member to be Chairperson of the Corporation.
(2)  There shall be a Deputy Chairperson of the Corporation who shall be 1 of the members of the Corporation (other than the Chairperson) elected by members of the Corporation.
Appointed members
10.  The Schedule has effect in relation to the members referred to in paragraph 8 (1) (a).
Public servant member
11.  The Minister shall, by instrument, appoint a person who holds an office under the Public Sector Management Act to be the public servant member of the Corporation.
Division 3—Meetings
Convening meetings
12.  (1)  The Chairperson, or if the Chairperson is unable to do so, the Deputy Chairperson, shall convene such meetings of the Corporation—
	(a)	as the Chairperson or the Deputy Chairperson, as the case requires, considers necessary for the efficient performance of its functions; or
	(b)	as the Minister directs by notice in writing given to the Chairperson or the Deputy Chairperson.
(2) The Chief Executive Officer may convene a meeting of the Corporation at the request of 3 members.
Procedure
13.  (1)  The Chairperson shall preside at all meetings of the Corporation at which he or she is present.
(2)  Where the Chairperson is not present at a meeting the Deputy Chairperson shall preside.
(3)  Where the Chairperson and the Deputy Chairperson are both absent from a meeting, the members present shall elect 1 of their number to preside.
(4)  The member presiding at a meeting may give directions regarding the procedure to be followed in connection with the meeting.
(5)  Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting.
(6)  The member presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote.
(7)  The Corporation shall keep minutes of its proceedings.
(8)  The Corporation may convene or hold a meeting by means of instantaneous communication.
(9)  In subsection (8)—
“instantaneous communication” means communication by means of telephone, television or any other device which permits instantaneous audio communication with or without instantaneous visual communication.
Quorum
14.  At a meeting of the Corporation, a majority of the members of the Corporation constitutes a quorum.
Disclosure of interest
15.  (1)  A member who has a direct or indirect pecuniary or personal interest in a matter which has been submitted for consideration by the Corporation shall disclose the nature of the interest at a meeting of the Corporation as soon as practicable after the relevant facts have come to the member’s knowledge.
(2)  The member presiding at a meeting at which an interest is disclosed shall cause that disclosure to be recorded in the minutes of the meeting.
(3)  A member disclosing an interest shall not, unless the Minister or the Corporation determines otherwise—
	(a)	be present during any deliberation of the Corporation with respect to the relevant matter; or
	(b)	take part in any decision of the Corporation with respect to that matter.
(4)  A member disclosing an interest shall not—
	(a)	be present during any deliberation of the Corporation with respect to a determination referred to in subsection (3); or
	(b)	take part in any decision of the Corporation with respect to such a determination.
(5)  The Chairperson shall give a written report to the Minister about any determination of the Corporation under subsection (3) specifying the nature of the interest disclosed and the reasons for the determination.
PART III—CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS
Division 1—Chief Executive Officer
Office and office holder
16.  (1)  There shall be a Chief Executive Officer of the Corporation.
(2)  The Chief Executive shall create and maintain an Executive office in the Government Service the duties of which include performing the functions of the Chief Executive Officer.
(3)  The Chief Executive Officer shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
Role
17.  The Chief Executive Officer shall, subject to and in accordance with the general directions of the Corporation, manage the affairs of the Corporation.
Division 2—Staff and consultants
Staff
18.  (1)  The staff of the Corporation shall be employed under the Public Sector Management Act.
(2)  The Public Sector Management Act applies in relation to the management of the staff of the Corporation.
Consultants
19.  (1)  The Corporation may engage consultants.
(2)  Subsection (1) does not confer on the Corporation a power to enter into a contract of employment.
part iv—management
Interpretation
20.  In this Part, unless the contrary intention appears—
“business plan”, in relation to a financial year, means the business plan of the Corporation as in force in respect of that year and includes any modification of that plan;
“Financial Management Act” means the Financial Management Act 1996.
Management focus
21.  The functions of the Corporation shall be discharged—
	(a)	in accordance with sound business practice; and
	(b)	so as to achieve the business plan of the Corporation.
Business plans
22.  (1)  The business plan of the Corporation in respect of a financial year, shall contain—
	(a)	the statement of intent provided in accordance with section 58 of the Financial Management Act in respect of that financial year;
	(b)	a description of the main undertakings of the Corporation in respect of that financial year and each of the next 2 financial years; and
	(c)	a description of the business and corporate strategies of the Corporation in respect of that financial year and each of the next 2 financial years.
(2)  The business plan of the Corporation may include any other information that the Minister, in writing, may have requested the Corporation to include.
Development of business plans
23.  (1)  The object of this section is to provide for the development by the Corporation, in consultation with the Minister, of an annual business plan for the Corporation within, as far as practicable, the first 2 months of each financial year.
(2)  The Corporation shall, as far as practicable within 1 month after the commencement of each financial year, submit to the Minister a draft business plan in respect of that financial year.
(3)  The draft shall contain the statement, and descriptions of the type, referred to in subsection 22 (1).
(4)  The Minister shall, in writing, as soon as practicable after receipt of the draft—
	(a)	provide comments to the Corporation on the draft; or
	(b)	advise the Corporation that he or she proposes to make no comments.
(5)  If the Minister advises the Corporation that he or she proposes to make no comments, the provisions of the draft, shall be the business plan of the Corporation in respect of that financial year.
(6)  As soon as practicable after receipt of any comments by the Minister the Corporation shall—
	(a)	consider the comments;
	(b)	consult with the Minister on any of the comments with which the Corporation does not agree with a view, as far as practicable, of reaching agreement; and
	(c)	forward to the Minister a revised version of the business plan which as far as practicable, gives effect to the Minister’s comments and other matters agreed on during consultations with the Minister.
(7)  If the Corporation forwards to the Minister a revised version of the business plan, the provisions of that plan shall be the business plan of the Corporation in respect of that financial year.
(8)  The Minister shall, within 3 sitting days of a business plan coming into effect, cause a copy of the plan to be laid before the Legislative Assembly.
Modification of business plans
24.  (1)  Subject to this section and to subsection 22 (1), the Corporation may modify the business plan of the Corporation in respect of a financial year.
(2)  The Corporation may submit to the Minister a proposal to modify its business plan.
(3)  The Minister shall, in writing, as soon as practicable after receipt of the proposal—
	(a)	provide comments to the Corporation on the proposal; or
	(b)	advise the Corporation that he or she proposes to make no comments.
(4)  If the Minister advises the Corporation that he or she proposes to make no comments, the business plan shall be modified in accordance with the provisions of the proposal.
(5)  As soon as practicable after receipt of any comments by the Minister the Corporation shall—
	(a)	consider the comments;
	(b)	consult with the Minister on any of the comments with which the Corporation does not agree with a view, as far as practicable, of reaching agreement; and
	(c)	forward to the Minister a revised version of the proposal which, as far as practicable, gives effect to the Minister’s comments and other matters agreed on during consultations with the Minister.
(6)  If the Corporation forwards to the Minister a revised version of the proposal, the business plan shall be modified in accordance with the provisions of the proposal.
(7)  If a business plan is modified in accordance with a proposal or a revised proposal, the Minister shall cause a copy of the proposal or revised proposal, as the case may be, to be laid before the Legislative Assembly with the next report given to him or her under subsection 28 (1).
Application of Part VIII of Financial Management Act
25.  (1)  Funds shall not be invested, or moneys borrowed, for the purposes of the Corporation except in accordance with Part VIII of the Financial Management  Act.
(2)  Subsection (1) does not limit the application of Part VIII of the Financial Management  Act in relation to the Corporation.
part v—miscellaneous
Provision of information
26.  The Corporation shall furnish to the Minister such information relating to its operations as the Minister requires.
Ministerial directions
27.  (1)  The Minister may give written directions to the Corporation in relation to the performance of its functions, either generally or in relation to a particular matter.
(2)  The Corporation shall give effect to any such direction.
(3)  The Minister shall present a copy of any such direction to the Legislative Assembly within 5 sitting days after it is given to the Corporation.
(4)  The Territory shall pay to the Corporation the reasonable costs of complying with a direction.
(5)  The amount payable under subsection (4) shall be the amount agreed between the Corporation and the Treasurer or, failing agreement, as determined by the Chief Minister.
Quarterly reports
28.  (1)  The Corporation shall, as soon as practicable after the end of each quarter, prepare and give to the Minister a report on the operations of this Act and of the Corporation during that quarter.
(2)  In subsection (1)—
“quarter” means the period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in each year.
(3)  The Minister shall cause a copy of each report given to him or her under subsection (1) to be laid before the Legislative Assembly within 6 sitting days after the day on which he or she receives the report.
Annual report
29.  The report prepared by the Corporation for the purposes of section 8 of the Annual Reports (Government Agencies) Act 1995 shall include, in relation to the reporting period—
	(a)	a copy of any direction given by the Minister under section 27 during the period; and
	(b)	a statement by the Corporation about action taken during the period to give effect to any direction given by the Minister under that section.
Regulations
30.  The Executive may make regulations for the purposes of this Act.
Vesting of assets
31.  (1)  Where the Minister is satisfied—
	(a)	that an asset of the Territory, not being an interest in land—
	(i)	has been made available for use, or has been used, in connection with; or
	(ii)	otherwise relates or substantially relates to;
the operations of Canberra Tourism;
	(b)	that it would be appropriate to divest the asset from the Territory and transfer the asset to the Corporation; and
	(c)	that the Corporation, in writing, consents to the transfer;
the Minister shall, by instrument, divest and transfer the asset accordingly.
(2)  Where the Territory is—
	(a)	a party to a contract or an agreement; or
	(b)	subject to an obligation;
that relates to an asset referred to in subsection (1), the Minister may in the instrument referred to in that subsection or in another instrument declare that the Corporation is substituted for the Territory in respect of that contract, agreement or obligation, as the case may be.
(3) Where the contract, agreement or obligation relates to an asset as well as to other property, the Corporation shall be taken to be substituted for the Territory to the extent to which the contract, agreement or obligation relates to the asset.
(4)  An instrument made by a Minister under this section takes effect according to its terms.
Development of first business plan
32.  In respect of the financial year commencing on 1 July 1997, section 23 applies in relation to the Corporation as if subsection (2) were omitted and the following subsection substituted:
“(2)  The Corporation shall, as far as practicable within 3 months after the commencement of this Act, submit to the Minister a draft business plan.”.

	SCHEDULE	Section 10
APPOINTMENT AND TERMS AND CONDITIONS OF APPOINTED MEMBERS
Interpretation
1.  In this Schedule, unless the contrary intention appears—
“appointed  member” means a member appointed under clause 2.
Appointment and terms of office
2.  (1)  The persons referred to in paragraph 8 (1) (a) shall be appointed by the Minister by instrument.
(2)  Before appointing a person under subclause (1), the Minister shall consider the suitability of the person for appointment having regard to the person’s expertise and knowledge.
(3)  An appointed member  holds office, subject to this Act—
	(a)	for the period specified in the instrument of appointment; and
	(b)	on such terms and conditions (if any) in relation to matters not provided for by this Act as are specified in the instrument of appointment.
(4)  The period of the appointment shall not be more than 3 years.
(5)  A former appointed member is eligible for re-appointment.
Remuneration and allowances
3.  An appointed member is entitled to such remuneration, allowances and other entitlements—
	(a)	as are determined by the Remuneration Tribunal in respect of an appointed member; or
	(b)	if there is no such determination—as are determined by the Chief Minister in respect of an appointed member by an interim determination under the Remuneration Tribunal Act 1995.
Resignation
4.  An appointed member may resign his or her office by writing signed by the member and delivered to the Minister.
Termination of appointment
5.  (1)  The Minister may terminate the appointment of an appointed member because of the misbehaviour or physical or mental incapacity of the member.
(2)  If an appointed member—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;
	(b)	is absent, except on leave, for 3 consecutive meetings;
	(c)	without reasonable excuse contravenes section 15; or
	(d)	is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer;
the Minister shall terminate the appointment of that member.
Acting appointments
6.  (1)  The Minister may, by instrument, appoint a suitable person to act as an appointed member—
	(a)	during a vacancy in the office of the member, whether or not an appointment has previously been made to that office; or
	(b)	during any period, or during all periods, when the member is for any reason unable to perform the functions of the office.
(2)  A person appointed to act as an appointed member during a vacancy in the office of a member shall not so act continuously for more than 12 months.
(3)  Anything done by or in relation to a person purporting to act pursuant to an appointment under subclause (1) is not invalid on the ground that—
	(a)	the appointment was ineffective or had ceased to have effect; or
	(b)	the occasion to act had not arisen or had ceased.
(4)  In this section—
“suitable person”, in relation to a member of the Corporation, means a person who would, in the opinion of the Minister, be suitable in accordance with subclause 2 (2) for appointment to the office of the member if that office were to become permanently vacant.
[Presentation speech made in Assembly on 5 December 1996]

©  Australian Capital Territory 1997