Australian Capital Territory
Cultural Facilities Corporation Act 1997    
A1997-48
Republication No 13
Effective:  1 July 2014 – 2 June 2015
Republication date: 1 July 2014
Last amendment made by A2014‑18

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Cultural Facilities Corporation Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2014.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2014.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Cultural Facilities Corporation Act 1997

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	4	What is a designated location?	2
Part 2	The corporation
Division 2.1	Establishment and functions of corporation
	5	Establishment of corporation	4
	6	Functions of corporation	4
	7	Considerations for corporation exercising functions	5
	8	Advisory committees	5
Division 2.2	Governing board of corporation
	9	Establishment of governing board	6
	10	Governing board members	6
	11	Chief executive officer of corporation	6
Part 3	Corporation staff and consultants
	12	Staff	7
	13	Consultants	7
Part 4	Miscellaneous
	14	Ministerial directions	8
	16	Corporation’s annual report	8
	17	Regulation-making power	9
Schedule 1	Designated locations	10
Dictionary		11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	15
	5	Earlier republications	19

Australian Capital Territory
Cultural Facilities Corporation Act 1997

An Act to establish the Cultural Facilities Corporation, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Cultural Facilities Corporation Act 1997.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘designated location—see section 4.’ means that the term ‘designated location’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	What is a designated location?
	(1)	A location is a designated location if it is—
	(a)	a location mentioned in schedule 1; or
	(b)	a location declared by the Minister under subsection (2) to be a designated location.
	(2)	The Minister may declare a location to be a designated location.
	(3)	A declaration under subsection (2) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 2	The corporation
	Note for pt 2
	The governance of territory authorities, including the corporation, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.
	The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.
Division 2.1	Establishment and functions of corporation
5	Establishment of corporation
The Cultural Facilities Corporation is established.
Note	The Legislation Act, dict, pt 1, defines establish as including continue in existence.
6	Functions of corporation
The functions of the corporation are—
	(a)	to manage, develop, present, coordinate and promote cultural activities at designated locations and other places in the ACT; and
	(b)	to establish and research collections; and
	(c)	to conserve and exhibit collections in the possession or under the control of the corporation; and
	(d)	to undertake activities, in cooperation with other people if appropriate, to exercise its other functions; and
	(e)	to exercise other functions given to the corporation under this Act or another territory law.
Note	A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
7	Considerations for corporation exercising functions
In exercising its functions, the corporation must consider—
	(a)	any cultural policies or priorities of the Executive known to the corporation; and
	(b)	other cultural activities in the ACT.
Note	The corporation is also required to comply with applicable governmental policies (see Financial Management Act 1996, s 103).
8	Advisory committees
	(1)	To assist the corporation in the exercise of its functions, the corporation—
	(a)	must set up advisory committees for—
	(i)	museum collections; and
	(ii)	historic places; and
	(iii)	the performing arts; and
	(b)	may set up other advisory committees that the corporation considers necessary.
	(2)	An advisory committee may decide how to exercise its functions.
	(3)	However, an advisory committee is subject to the direction of the corporation in the exercise of its functions.
Division 2.2	Governing board of corporation
9	Establishment of governing board
The corporation has a governing board.
Note	An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).
10	Governing board members
The governing board has 7 members.
Note 1	The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.
Note 2	The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)).
11	Chief executive officer of corporation
The chief executive officer of the corporation must be a public servant.
Note	A chief executive officer must be appointed under the Financial Management Act 1996, s 80 (3).

Part 3	Corporation staff and consultants
    
12	Staff
The corporation’s staff must be employed under the Public Sector Management Act 1994.
Note	The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has all the powers of a director‑general under the Act in relation to the instrumentality staff to be employed under that Act (including, for example, in relation to the appointment of people to, or the employment of people for, that staff).  Under that Act, dict, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.
13	Consultants
	(1)	The corporation may engage consultants.
	(2)	However, the corporation must not enter into a contract of employment under this section.

Part 4	Miscellaneous
    
14	Ministerial directions
	(1)	The Minister may direct the corporation, in writing, about the exercise of its functions, either generally or for a particular matter.
	(2)	The corporation must give effect to the direction.
	(3)	The Minister must present a copy of a direction to the Legislative Assembly within 5 sitting days after the day it is given to the corporation.
	(4)	The Territory must pay to the corporation the reasonable costs of complying with a direction.
	(5)	The amount payable under subsection (4) is—
	(a)	the amount agreed by the corporation and the Treasurer; or
	(b)	if the corporation and the Treasurer cannot agree—the amount decided by the Chief Minister.
16	Corporation’s annual report
A report prepared by the corporation under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
	(a)	a copy of any direction given under section 14 (Ministerial directions) during the year; and
	(b)	a statement by the corporation about action taken during the year to give effect to any direction given (whether before or during the year) under that section.
Note	Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
17	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1	Designated locations
    
(see s 4)

column 1
item	column 2
designated locations	
1	Canberra Theatre Centre	
2	Canberra Museum and Gallery	
3	Lanyon Historic Property	
4	Calthorpes’ House	
5	Nolan Gallery	
6	Mugga Mugga (block 6, section 103, Symonston)	

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	ACT
·	public servant
·	sitting day
·	under.
corporation means the Cultural Facilities Corporation established under section 5.
cultural activities includes artistic, historical or other cultural entertainments, displays and exhibitions.
designated location—see section 4.
governing board means the governing board of the corporation.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Cultural Facilities Corporation Act 1997 A1997‑48 
notified 19 September 1997 (Gaz 1997 No S264)
s 1, s 2 commenced 19 September 1997 (s 2 (1))
remainder commenced 1 November 1997 (s 2 (2) and Gaz 1997 No S325)
as amended by
Acts Revision (Taxation of Territory Authorities) Act 1998 A1998-35 sch pt 1
notified 14 October 1998 (Gaz 1998 No 41)
commenced 14 October 1998 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 95
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 95 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Taxation (Government Business Enterprises) Act 2003 A2003-12 sch 1 pt 1.2
notified LR 27 March 2003
s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2))
sch 1 pt 1.2 commenced 28 March 2003 (s 2 (2))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.10
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.10 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)

Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.14
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.14 commenced 2 June 2005 (s 2 (1))
Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.7
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 January 2006 (s 2 (2))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.27
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.27 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.21
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.21 commenced 26 August 2008 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.49
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.49 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2012 A2012-21 sch 1 pt 1.1
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 1 pt 1.1 commenced 5 June 2012 (s 2 (1))
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.11
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.11 commenced 14 June 2013 (s 2)
Statute Law Amendment Act 2014 A2014‑18 sch 1 pt 1.2
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2014 (s 2 (2))

4	Amendment history
Dictionary
s 2	om R1 LRA
	ins A2005‑20 amdt 3.107
Notes
s 3	am A2001‑44 amdt 1.1014, amdt 1.1016
	sub A2005‑20 amdt 3.107
	def Civic Square precinct om A2005‑20 amdt 3.107
	def corporation om A2005‑20 amdt 3.107
	def cultural activities om A2005‑20 amdt 3.107
	def designated location am A2001‑44 amdt 1.1015
	om A2005‑20 amdt 3.107
	def member om A2005‑20 amdt 3.107
	def plan om A2005‑20 amdt 3.107
	def Public Sector Management Act om A2005‑20 amdt 3.107
What is a designated location?
s 3A	renum as s 4
What is a designated location?
s 4	orig s 4 renum as s 5
	(prev s 3A) ins A2001‑44 amdt 1.1017
	sub A2005‑20 amdt 3.108
	renum A2005‑52 amdt 1.90
The corporation
pt 2 hdg	sub A2005‑20 amdt 3.109; A2005‑52 amdt 1.91
Establishment and functions of corporation
div 2.1 hdg	(prev pt 2 div 1 hdg) renum R2 LA
	sub A2005‑20 amdt 3.110
Establishment of corporation
s 5	orig s 5 renum as s 6
	(prev s 4) sub A2005‑20 amdt 3.111
	renum A2005‑52 amdt 1.92
Functions of corporation 
s 6 hdg	(prev s 5 hdg) sub A2005‑20 amdt 3.112
s 6	orig s 6 sub A2005‑20 amdt 3.115
	om A2005‑52 amdt 1.94
	(prev s 5) am A2005‑20 amdt 3.113, amdt 3.114
	renum A2005‑52 amdt 1.93
	am A2012‑21 amdt 1.1; pars renum R11 LA
Considerations for corporation exercising functions
s 7	sub A2005‑20 amdt 3.116
	am A2005‑52 amdt 1.95
Advisory committees
s 8	sub A2005‑20 amdt 3.117
Governing board of corporation
div 2.2 hdg	(prev pt 2 div 2 hdg) renum R2 LA
	sub A2005‑52 amdt 1.97
Establishment of governing board
s 9	om A2005‑52 amdt 1.96
	ins A2005‑52 amdt 1.97
	am A2008‑28 amdt 3.76; A2013‑19 amdt 3.78
Governing board members
s 10	am A2005‑20 amdt 3.118, amdt 3.119
	sub A2005‑52 amdt 1.97
Chief executive officer of corporation
s 11	sub A2005‑52 amdt 1.97
Meetings
div 2.3 hdg	(prev pt 2 div 3 hdg) renum R2 LA
	om A2005‑52 amdt 1.97
Corporation staff and consultants
pt 3 hdg	sub A2005‑52 amdt 1.98
Chief executive officer
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R2 LA
	om A2005‑52 amdt 1.99
Staff and consultants
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R2 LA
	om A2005‑52 amdt 1.100
Staff
s 12	orig s 12 om A2005‑52 amdt 1.97
	(prev s 19) am A2005‑20 amdt 3.120
	renum A2005‑52 amdt 1.101
	am A2007‑3 amdt 3.136; A2011‑22 amdt 1.152
Consultants
s 13	orig s 13 om A2005‑52 amdt 1.97
	(prev s 20) renum A2005‑52 amdt 1.101
Miscellaneous
pt 4 hdg	orig pt 4 hdg om A2005‑52 amdt 1.102
	(prev pt 5 hdg) renum A2005‑52 amdt 1.103
Ministerial directions
s 14	orig s 14 om A2005‑52 amdt 1.97
	(prev s 28) sub A2005‑20 amdt 3.121
	renum A2005‑52 amdt 1.105
Quarterly reports
s 15	orig s 15 om A2005‑52 amdt 1.97
	(prev s 29) sub A2005‑20 amdt 3.122
	renum A2005‑52 amdt 1.105
	om A2014‑18 amdt 1.3
Corporation’s annual report
s 16	orig s 16 om A2005‑52 amdt 1.97
	(prev s 30) sub A2004‑9 amdt 1.13
	renum A2005‑52 amdt 1.105
Regulation-making power
s 17	orig s 17 om A2005‑52 amdt 1.99
	(prev s 31) am A2005‑20 amdt 3.123
	renum A2005‑52 amdt 1.105
Role
s 18	om A2005‑52 amdt 1.99
Staff
s 19	renum as s 12
Consultants
s 20	renum as s 13
Definitions for pt 4
s 21	om A2005‑52 amdt 1.102
Management focus
s 22	om A2005‑52 amdt 1.102
Business plans
s 23	om A2005‑52 amdt 1.102
Development of business plans
s 24	om A2005‑52 amdt 1.102
Modification of business plans
s 25	om A2005‑52 amdt 1.102
Application of Financial Management Act, pt 8
s 26	om A2005‑52 amdt 1.102
Miscellaneous
pt 5 hdg	renum as pt 4 hdg
Provision of information
s 27	om A2005‑52 amdt 1.104
Ministerial directions
s 28	renum as s 14
Quarterly reports
s 29	renum as s 15
Corporation’s annual report
s 30	renum as s 16
Liability for ACT taxes etc
s 30A	ins A1998‑35 sch pt 1
	om A2003‑12 amdt 1.2
Regulation-making power
s 31	renum as s 17
Vesting of assets
s 32	om A2005‑52 amdt 1.106
Repeal of designated location declaration
s 33	om R1 LRA
	ins A2005‑20 amdt 3.124
	exp 2 June 2005 (s 33 (2))
Repeal
s 34	om R1 LRA
Designated locations
sch 1	sub A2005‑20 amdt 3.125
Appointment and terms and conditions of appointed members
sch 2	ss renum R5 LA
	om A2005‑52 amdt 1.107
Dictionary
dict	ins A2005‑20 amdt 3.126
	am A2014‑18 amdt 1.4
	def Civic Square precinct ins A2005‑20 amdt 3.126
	om A2012‑21 amdt 1.2
	def corporation ins A2005‑20 amdt 3.126
	sub A2013‑19 amdt 3.79
	def cultural activities ins A2005‑20 amdt 3.126
	def designated location ins A2005‑20 amdt 3.126
	am A2005‑52 amdt 1.108
	def governing board ins A2005‑52 amdt 1.109
	def member ins A2005‑20 amdt 3.126
	om A2005‑52 amdt 1.110

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	A1998‑35	20 October 2000	
2	A2001‑44	23 April 2002	
3	A2003‑12	28 March 2003	
4	A2004‑9	13 April 2004	
5	A2005‑20	2 June 2005	
6	A2005‑20	3 June 2005	
7	A2005‑52	1 January 2006	
8	A2007‑3	12 April 2007	
9	A2008‑28	26 August 2008	
10	A2011‑22	1 July 2011	
11	A2012‑21	5 June 2012	
12	A2013‑19	14 June 2013	

©  Australian Capital Territory 2014