CREATIVE AUSTRALIA BILL 2023 Explanatory Memorandum

Commonwealth of Australia Explanatory Memoranda

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CREATIVE AUSTRALIA BILL 2023

2022-2023 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES CREATIVE AUSTRALIA BILL 2023 EXPLANATORY MEMORANDUM (Circulated by authority of the Minister for Arts, the Hon Tony Burke MP)

CREATIVE AUSTRALIA BILL 2023 OUTLINE The purpose of Creative Australia Bill (the Bill) is to put in place legislation to provide for Creative Australia as a modern entity with expanded functions, responsibilities and new governance structure. Creative Australia will oversee support for contemporary music and safe and respectful workplaces for artists and arts workers as set out in Revive - a place for every story, a story for every place, Australia's national cultural policy. The Bill continues the body corporate previously in existence under the Australia Council Act 2013 (old Act) but under the new name, Creative Australia. The Creative Australia (Consequential and Transitional Provisions) Bill 2023 (Transitional Bill) accompanying this Bill will repeal the old Act, in addition to providing for various transitional matters. The Bill establishes the new Board, and the Board is the governing and accountable authority for Creative Australia. The Board will retain the name "Australia Council Board" to maintain its connection to the creation of the Australia Council by the Whitlam Government in 1975. The Board will be reconstituted with new appointments made under this legislation. Membership will be increased to up to fourteen (14) members compared to the previous Board of the Australia Council, in acknowledgement of the expanded remit of the entity and to ensure the appropriate skills and expertise are represented across the Board. Membership terms will increase to up to four (4) years with the sum of terms not exceeding nine (9) years. The Bill will establish Music Australia and Creative Workplaces as parts of Creative Australia which will be subject to the internal procedures and rules of Creative Australia. The Bill also outlines the responsibilities of Music Australia and Creative Workplaces, and the responsibilities of their Councils. The Board will have full oversight of Music Australia and Creative Workplaces, and may give directions to the Music Australia Council and the Creative Workplaces Council. Music Australia will be responsible for supporting, promoting, and developing markets for Australian contemporary music practice. To oversee the new parts of Creative Australia, the Bill includes a provision to enable the Chief Executive Officer to appoint, in consultation with the Minister, a director of Music Australia. The director will be an employee of Creative Australia. The Music Australia Council will be established to advise the Board about the responsibilities of Music Australia with members appointed by the Minister. The Chair of the Music Australia Council will be the Chief Executive Officer of Creative Australia. Creative Workplaces will be responsible for promoting and providing information about fair, safe and respectful workplaces for Australian artists, persons working in organisations that engage in, or support, Australian arts practice and persons otherwise involved in Australian arts practice. To oversee the new parts of Creative Australia, the Bill includes a provision to enable the Chief Executive Officer to appoint, in consultation with the Minister, a director to Creative Workplaces. The director will be an employee of Creative Australia. The Creative Workplaces Council will be established to advise the Board about the responsibilities of Creative Workplaces. The Chair of the Creative Workplaces must not be the Chief Executive Officer of Creative Australia, and will be appointed by the Minister in the same way as other Council members.

The Bill provides for the functions and powers of Creative Australia, governance arrangements and arrangements for the Chief Executive Officer, staffing, consultants, committees, investment and planning matters. The Bill also introduces a prescribed threshold for financial transactions that require the Minister's approval and a delegation power for the Minister. The Bill contributes to the implementation of Revive - a place for every story, a story for every place, Australia's national cultural policy, and in doing so, strengthens the support provided to creative and cultural practitioners and organisations. Financial impact statement Creative Australia will receive additional funding of $199 million over the forward estimates from 2023-24 to deliver on the measures outlined in Revive, including to deliver Music Australia and for Creative Workplaces.

Minister for the Arts the Hon Tony Burke MP Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Creative Australia Bill 2023 This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the Bill The Creative Australia Bill 2023 puts in place legislation that provides for Creative Australia as a continued corporate Commonwealth entity with expanded functions, services and governance arrangements. Music Australia and Creative Workplaces will be established under the new legislation to deliver on the decisions made under the Government's national cultural policy - Revive - a place for every story, a story for every place. To oversee the work of Music Australia and Creative Workplaces, two new Councils will be established with members appointed by the Minister. The Bill will reflect the continued body corporate's new name, Creative Australia. The governing Board of Creative Australia will continue to be known as the Australia Council Board. The Board will remain the 'accountable authority' for the purposes of the Public Governance, Performance and Accountability Act 2013, and may direct the Councils to perform a function and to exercise a particular power of Creative Australia or any directions relating to the performance of the Council's functions. The Councils will report to the Australia Council Board. Music Australia and Creative Workplaces are not separate legal entities, as they form part of Creative Australia. Australia Council Board The Australia Council Board will be enhanced under the new Bill, with membership to be increased by two (2) positions taking the membership up to fourteen (14) members. The changes to the new Board acknowledge the expanded functions of Creative Australia and make sure that the appropriate skills and expertise are represented across the broad remit of the entity. Appointment terms for Board members will be increased to up to four (4) years with a maximum period served of nine (9) years. The Bill will enable the Australia Council Board to direct the two Councils within the new governance framework to carry out additional functions of Creative Australia, as required. Music Australia Music Australia will be established as part of Creative Australia and will be responsible for supporting and promoting Australian contemporary music practice and the development of

markets and audiences for contemporary music practice. The Chief Executive Officer will designate an employee as director of Music Australia following consultation with the Minister. Music Australia Council The Music Australia Council will consist of no more than nine (9) members including a Chair, and eight (8) members with appropriate qualifications, knowledge, skills or experience. The Chair of the Music Australia Council will be the Chief Executive Officer of Creative Australia. The term of appointments to the Music Australia Council will be up to four (4) years with a maximum period served of nine (9) years. Creative Workplaces Creative Workplaces will be established as part of Creative Australia and will be responsible for promoting and providing information about fair, safe and respectful workplaces for Australian artists, persons working in organisations that engage in, or support, Australian arts practice and persons otherwise involved in Australian arts practice. Creative Workplaces Council The Creative Workplaces Council will consist of no more than seven (7) members including a Chair, and six (6) other members with appropriate qualifications, knowledge, skills or experience. The Chair of the Creative Workplaces Council must not be the Chief Executive Officer of Creative Australia, and will be appointed by the Minister. The term of appointments to the Creative Workplaces Council will be up to four (4) years with a maximum period served of nine (9) years. Human rights implications The Bill does not pose any limitations to human rights and is compatible with those rights. The Bill engages with the following rights: • Right to freedom of expression in article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) • Rights to equality and non-discrimination in article 26 of the ICCPR • Right to enjoy and benefit from culture in article 27 of the ICCPR • Right of all persons to take part in cultural life in article 15 of the International Convention on Economic, Social and Cultural Rights (ICESCR); • Right to work in article 6 of the ICESCR; and • Protection against exploitation, violence and abuse in article 5 (a) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Right to freedom of expression Article 19(2) of the ICCPR recognises the right to freedom of expression through any medium, including in the form of art. In particular, this right is promoted by the function under paragraph 11(1)(e) of the Bill, "to uphold and promote freedom of expression in the arts". The inclusion of this function makes clear Creative Australia's advocacy role in relation to freedom of expression in the arts, both

for the arts sector and across the community more broadly. For example, this could include promoting awareness of the importance of the right to freedom of expression in the arts, or upholding this right in the support of Australian arts practice. The functions and powers of Creative Australia under clauses 11 and 12 of the Bill more broadly support the right to freedom of expression in that Creative Australia supports artistic expression by providing artists with financial assistance to do so. Right to equality and non-discrimination Article 26 of the ICCPR protects all persons from discrimination in any form on the basis of prohibited grounds. The prohibited grounds include race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. One of Creative Australia's functions is to support or foster excellence in "Australian arts practice". "Australian arts practice" is defined in the Bill to relate to Australian artists, which includes Australian citizens or residents. Subsequently, the definition of "Australian resident" refers to residents with permanent visa status, and is consistent with the definition of "Australian resident" included in the Tertiary Education Quality and Standards Agency Act 2011. In support of Creative Australia's expanded purpose, the Bill has been drafted such that Creative Australia's functions will continue to support the undertaking of activities that will foster excellence in "Australian arts practice". Creative Australia's functions under clause 9 will continue to allow for the involvement of temporary or foreign residents in the activities that Creative Australia supports, and ensure these activities ultimately "foster excellence in Australian arts practice". That is, they need to demonstrate a benefit to the work of Australian artists, arts organisations, or the Australian arts sector more broadly. This is because Creative Australia is the Commonwealth Government's principal arts investment, development, funding, and advisory body with a purpose to champion and invest in arts and creativity to benefit all Australians, and it is a primary role of Creative Australia to administer Commonwealth Government funding to Australian artists or arts organisations (comprised of people who are Australian citizens or residents that permanently reside in Australia). Under paragraph 11(1)(k) of the Bill, Creative Australia will promote fair, safe and respectful workplaces, for Australian artists, persons working in organisations that engage in or support, Australian arts practice, and persons otherwise involved in Australia arts practice. This function will be supported through the services and advice provided by Creative Workplaces which will be a central point for people seeking advice as either a victim or witness of harmful behaviour in the arts sector. This measure will improve Creative Australia's ability to enhance equality and non-discrimination in the arts by providing support to improve equity in the workplace. Right to enjoy and benefit from culture and Right of all persons to take part in cultural life Article 27 of the ICCPR and article 15 of the ICESCR recognise the right to participate in, enjoy and benefit from cultural life. The Bill enhances the realisation of this right by supporting the financial sustainability of artists and arts organisations and their capacity to deliver a wide range of cultural opportunities and experiences for the benefit of all audiences.

The right to take part in the creation and enjoyment of culture, in all forms, is promoted through Creative Australia's functions under section 11 of the Bill. These include supporting a diverse range of activities that reflects the diversity of Australia, promote community participation in the arts and promote the appreciation, knowledge and understanding of the arts. The establishment of Music Australia and Creative Workplaces promotes the right to enjoy and benefit from culture and the right of all persons to take part in cultural life. Music Australia supports the growth of contemporary music, provides access to live music and professional development of mid-career artists. Creative Workplaces provides support services for circumstances of harmful behaviour, and advice for arts workers on pay, safety and welfare within the sector. The Right to work Article 6 of the ICESCR recognises the right to work. The Bill promotes the realisation of the right to work by supporting arts practice and arts activities which provide important employment opportunities for artists, arts organisations' staff and associated businesses. The establishment of Creative Workplaces will also provide support for arts workers and improve the equity of access and sustainability for arts workers and creators. Protection against exploitation, violence and abuse Under article 5(a) of the CEDAW all appropriate measures are to be taken to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. Creative Workplaces responds to the Raising Their Voices report on the impacts of the prevalence of sexual harm, sexual harassment and systemic discrimination in the Australian contemporary music industry. The report found that women are not able to thrive to the same extent as men, and young people and people of diverse backgrounds can be at particular risk of harm and poor employment practices. The report also found significant evidence of bullying across the sector impacting the mental health of individual workers. Creative Workplaces is being established to provide protection against exploitation, violence and abuse, and will promote fair, safe and respectful workplaces for all Australian artists and persons working in organisations that engage in or support, Australian arts practice regardless of any personal characteristic or circumstance, including, but not limited to gender, race or ability. Individuals and organisations receiving government funding will be required to adopt and adhere to these standards as a condition of funding. Conclusion The Bill is compatible with human rights because it promotes the protection of human rights.

NOTES ON CLAUSES Part 1- Preliminary Clause 1: Short Title Clause 1 provides that the Bill, when enacted, may be cited as the Creative Australia Act 2023. Clause 2: Commencement Item 1 of the table in subclause 2(1) provides for the Bill to commence on a single day to be fixed by Proclamation. Clause 3: Simplified outline This clause is a simplified outline of the Bill which includes: - continuing in existence the body corporate previously known as the Australia Council under the new name Creative Australia - making clear that Creative Australia's functions in general are to support and promote Australian arts practice. Creative Australia must have regard to the Commonwealth Government's policies relating to the arts and to directions given by the Minister - making clear that the Board is responsible for ensuring the proper and efficient performance of Creative Australia's functions, and that the Board appoints the Chief Executive Officer of Creative Australia, who is responsible for day-to-day administration of Creative Australia - establishing the Music Australia Council and the Creative Workplaces Council to advise the Board about the responsibilities of Music Australia and Creative Workplaces, which are parts of Creative Australia - making clear that the Board may also establish committees to advise or assist in the performance of Creative Australia's functions or the Board's functions - making clear that Creative Australia may engage staff and consultants. The outline is included to assist readers to understand substantive provisions of the Bill, and this outline is not intended to be comprehensive. Readers should rely on the substantive provisions. Clause 4: Definitions Clause 4 sets out the definitions of terms used in the Bill: - "Aboriginal and Torres Strait Islander arts practice" is modelled on the definition of "Australian arts practice", while referring to Aboriginal persons or Torres Strait Islanders creating or performing arts - "appointed Board member" refers to Board members other than the CEO, as the CEO is an ex-officio member of the Board, appointed by the Board with the written agreement of the Minister under proposed section 66 of the Bill. Under proposed section 32 of the Bill, only appointed Board members have voting rights on the Board

- "appointed Music Australia Council member" refers to a member of the Music Australia Council other than the CEO - "arts" which is intended to encompass the creation or performance of works of interpretive expression through any medium - "Australian artist" refers to Australian citizens or residents, to make clear that Creative Australia's support for "Australian arts practice" is achieved through providing support to Australian citizens or residents - "Australian arts practice" means the creation or performance, wholly or partly by Australian artists, of arts - "Australian contemporary music practice" refers to the creation or performance, wholly or partly by Australian artists, of contemporary music - "Australian resident" is defined be replicating the definition provided in the Tertiary Education Quality and Standards Agency Act 2011, and clarifies that "Australian resident" refers to holders of a permanent visa within the meaning of the Migration Act 1958. The consequence of this is that an artist residing temporarily in Australia will not be an "Australian artist" for the purposes of the Bill - "Board" refers to the responsible body for ensuring the proper and efficient performance of Creative Australia's functions, and the accountable authority under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) - "Board member" refers to a member of the Board, and includes the Chair, the Deputy Chair and the CEO - "CEO" refers to the Chief Executive Officer of Creative Australia. - "Chair" refers to the Chair of the Board - "committee" refers to committees established under Section 61 of the Bill. It is envisaged that committees established under this Bill could include, for example, an Audit and Finance Committee, a panel established to provide sector experience and advice on strategy for a particular artform, or a panel of peers or industry advisors established to assess grants applications - "constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies - "Creative Australia" refers to the body corporate continued in existence by proposed section 9 under the name Creative Australia - "Creative Workplaces Council" refers to the Creative Workplace Council established by proposed section 49 of the Bill - "Creative Workplaces Council member" refers to a member of the Creative Workplaces Council, including the Chair of the Creative Workplaces Council - "Deputy Chair" refers to the Deputy Chair of the Board - "finance law" has the same meaning as in the PGPA Act - "Finance Minister" refers to the Minister administering the PGPA Act - "Music Australia Council" refers to the Music Australia Council established by proposed section 37 of the Bill - "old Act" refers to the Australia Council Act 2013 as in force immediately before its repeal - "paid work" refers to work for financial gain or reward (whether as an employee, a self-employed person or otherwise) - "PGPA Act" refers to the Public Governance, Performance and Accountability Act 2013 - "rules" refers to rules made by the Minister under proposed section 86.

Clause 5: Extension to external Territories Clause 5 of the Bill is intended to make it clear that the operation of the Act extends to Australia's external Territories. Clause 6: Constitutional limits This clause clarifies that Creative Australia can only perform its functions within the constitutional bases stated in proposed section 6. Subclause 6(2) provides that the implied nationhood power is the main constitutional basis for Creative Australia's functions, here being the implied power of the Parliament to make laws with respect to activities that are peculiarly adapted to the government of a nation. This includes Creative Australia's functions of implementing national initiatives in the arts as provided for in clause 11. Subclause 6(3) refers to additional constitutional basis including with respect to: activities that assist constitutional corporations; trade and commerce; statistics; external affairs; Territories; copyright; support for Aboriginal and Torres Strait Islander arts practice; communications; benefits to students; executive power; and matters incidental to legislative and executive powers. Paragraph 6(3)(a) refers to the constitutional limit of activities that assist a constitutional corporation in performing or developing its activities, functions, relationships or business. 'Constitutional corporation' is defined in section 4. In the context of Creative Australia's functions, this is relevant where assisting incorporated entities such as a performing arts or contemporary music company. Paragraph 6(3)(b) refers to the Parliament's power to make laws with respect to trade and commerce with places outside of Australia, among the States, or within a Territory and between Territories or a Territory and a State. This is particularly relevant to Creative Australia's functions of supporting the development of arts markets and audiences, and facilitating both private and public sector investment in the arts. Paragraph 6(3)(c) refers to activities in relation to statistics. Creative Australia's functions include conducting and commissioning research into the arts, publishing information and advising the Commonwealth Government on the arts and Creative Australia's activities. Creative Australia's ability to research and collect statistics will contribute to continual improvement in delivery of its activities to assist the development of the arts in Australia. Paragraph 6(3)(d) refers to the Parliament's power to make laws in respect of external affairs, including to give effect to an international agreement to which Australia is a party, and performing functions outside Australia. Creative Australia may need to carry out activities overseas to promote the arts in Australia, and to develop markets and audiences through cultural engagement. Australia is also party to international agreements in relation to the arts and cultural expression, which Creative Australia will be able to implement through its wide-ranging arts activities.

Paragraph 6(3)(e) refers to activities in respect of a Territory, including in a Territory. Creative Australia's activities will often be on a national level, and/or involve activities across Australia's States, internal Territories and external Territories. Paragraph 6(3)(f) refers to the constitutional basis in respect of copyrights, patents of inventions and designs, and trademarks. Creative Australia's functions include supporting and fostering excellence in Australian arts practice, promoting fair, safe and respectful workplaces for Australian artists, as well as providing information, advice and training connected with the arts; for example, Creative Australia will support Australian artists to protect ownership of their works and benefit from the intellectual property in works that they create. Paragraph 6(3)(g) refers to support for Aboriginal and Torres Strait Islander arts practice, which is a contextually relevant reference to paragraph 51(xxvi) of the Constitution. Creative Australia's activities will support Australia's diverse arts and cultural practices, and the Bill specifically includes Aboriginal and Torres Strait Islander arts practice as within the scope of Creative Australia's functions. Paragraph 6(3)(h) refers to activities with respect to postal, telegraphic, telephonic or other like services, which is relevant for the various communications methods that Creative Australia will undertake its functions, including over the internet. Paragraph 6(3)(i) refers to activities with respect to the provision of benefits to students. Students are members of the community and can be Australian artists, and Creative Australia's functions include promotion, training, and recognising these contributions. Paragraph 6(3)(j) refers to the Parliament's power to make laws in respect of the executive power of the Commonwealth, and relates to activities that may be viewed as part of the Commonwealth's execution and maintenance of the Constitution and the laws of the Commonwealth. Paragraph 6(3)(k) refers to matters incidental to the execution of the legislative powers of the Parliament or executive power of the Commonwealth. This is intended to encompass any matters that may be related to the above constitutional heads of power. Subclause 6(4) provides that terms used in clause 6 have the same meaning as those terms used in the Constitution. Clause 7: Provision of financial assistance to constitutional corporations Subclause 7(1) provides for constitutional corporations (that is, both foreign and Australian corporations within the meaning of paragraph 51(xx) of the Constitution) to have the right to apply to Creative Australia for financial assistance that is available under the Act. Subclause 7(2) imposes an obligation on Creative Australia to consider applications received for financial assistance from constitutional corporations within a reasonable period. Subclause 7(3) limits the class of constitutional corporations to whom Creative Australia may provide financial assistance to corporations that have actually applied to Creative Australia for financial assistance under subclause 7(1).

Part 2--Creative Australia Division 1--Introduction Clause 8: Simplified outline of this Part Clause 8 is included to assist readers to understand this part of the Bill including: - continuing the body corporate previously known as the Australia Council in existence under the new name Creative Australia - making clear that Creative Australia's functions relating in general, are to support and promote Australian arts practice. The functions include: (a) promoting participation in, and the appreciation, knowledge and understanding of, the arts; and (b) encouraging, facilitating and recognising investment in the arts; and (c) providing information and advice, including to the Commonwealth Government, on matters connected with the arts; and (d) conducting and commissioning research into, and publishing information about, the arts. - making clear that Music Australia and Creative Workplaces are parts of Creative Australia and have specified responsibilities relating to the arts - making clear that the Minister may give directions to the Board including about the performance of Creative Australia's function. This outline is not intended to be comprehensive. It is intended that readers should rely on the substantive provisions. Division 2--Establishment etc. of Creative Australia Clause 9: Establishment Clause 9 provides for the continuation of the body corporate that was known as Australia Council by section 7 of the old Act, to continue as a body corporate under the name "Creative Australia", and operate under and subject to the provisions of the proposed Act. Clause 10: Constitution of Creative Australia Clause 10 confirms that Creative Australia must have a seal that is to be kept in such custody as the Board directs and must not be used except as authorised by the Board. Creative Australia may acquire, hold and dispose of real and personal property, and may sue and be sued. Creative Australia, as a corporate Commonwealth entity, is subject to the PGPA Act. The PGPA Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. Clause 11: Functions Clause 11 sets out Creative Australia's functions and how it may perform them. The functions largely replicate the functions set out in the old Act (as amended by the

Australia Council Amendment (Creative Australia) Act 2023) and updates the function to promote fair and respectful workplaces for Australian artists and persons working in organisations that engage in, or support, Australian arts practice (paragraph 11(1)(k)). Paragraph 11(1)(a) allows Creative Australia to continue "to support Australian arts practice that is recognised for excellence" by continuing its leadership role in the Australian arts sector. Paragraph 11(1)(b) implements the Commonwealth Government's purpose "to foster excellence in Australian arts practice by supporting a diverse range of activities". This function is intended to ensure that Creative Australia can continue to support a wide variety of activities that reflect contemporary Australia and will contribute to the development of excellence in Australian arts practice. It is envisaged that, aside from the provision of direct support to Australian artists and arts organisations under paragraph 11(1)(a), this could include, for example: - presentation of creative works and creative activities in different parts of the sector, including regional areas, including youth arts, that provide a point of focus of creative experiences for communities and builds capacity, skills, and networks for artists and arts organisations - expanding access to arts experiences through investing in a diversity of activities that explore emerging mediums and technology and increases markets and audiences for Australian creative work - funding through grants programs, fellowships and awards, enabling art to be created and experienced, including investments for new works of scale - a project that facilitates cultural engagement between Australian artists and artists overseas which would develop people-to-people links and further develop the arts practice of participants - an Australian artist pursuing an arts project involving young people in, for example, a regional community that will benefit both the community (through increased access to demonstrations of artistic excellence) and the artist (through further development of their arts practice). Paragraph 11(1)(c) provides explicit reference to Creative Australia's support for Aboriginal and Torres Strait Islander arts practice. This subclause empowers Pillar 1 of Revive - First Nations First - recognising and respecting the crucial place of First Nations stories at the centre of Australia's arts and culture. This includes support for First Nations organisations, training and skills development, and career pathways for First Nations artists and arts workers. Paragraph 11(1)(d) enables Creative Australia to support Australian arts practice that reflects the diversity of Australia. This function is intended to make it clear that in supporting Australian arts practice, for example, under the function at paragraph 11(1)(a), Creative Australia will do so by supporting a wide diversity of activities that reflect contemporary Australia. This function supports Pillar 2 - A place for every story, as set out in Revive, to encourage the breadth of stories of all Australians as creators of culture, and support diversity across all artforms. Paragraph 11(1)(e) has been included for the avoidance of doubt that Creative Australia will promote community participation in the arts. Creative Australia will be able to support activities that involve community participation in the arts under a

number of functions of Creative Australia as provided for in proposed clause 11 of the Bill. For example, through the functions at paragraphs 11(1)(a), (b), (d) and (h), by providing support for, or fostering excellence in, Australian arts practice, as well as promoting the appreciation, knowledge and understanding of the arts, Creative Australia is able to support activities involving the community. The inclusion expands on these functions and makes it clear that Creative Australia will promote community participation in the arts. Paragraph 11(1)(g) of the Bill allows Creative Australia "to recognise and reward significant contributions made by artists and other persons to the arts in Australia". This could include: - rewarding an Australian artist for a significant achievement in their particular arts practice - acknowledging the contribution of a philanthropist, and/or public or private sector organisation in encouraging investment in Australian arts practice - recognising a person or organisation for imparting business knowledge or expertise to Australian artists or organisations that supports the sustainability of the Australian arts sector. Paragraph 11(1)(h) provides for Creative Australia "to promote the appreciation, knowledge and understanding of the arts". This highlights Creative Australia's role as an advocate for the arts. In performing this function, Creative Australia could support activities that seek to raise awareness of, or educate the community about, the arts. For example, this could include demonstrating the benefits the arts can have to both individuals (including improved academic, health or wellbeing outcomes) and communities (including improved social cohesion). Paragraph 11(1)(i) provides for Creative Australia to continue "to support and promote the development of markets and audiences for the arts", which is intended to include Creative Australia's role in ensuring that the work it supports has an audience or market. It is also linked to the function listed at subclause 11(1)(n), relating to the conduct and commissioning of research on the arts, as the performance of this function may assist in the development of markets and audiences for the arts. Paragraph 11(1)(j) provides for Creative Australia to encourage, facilitate and recognise public sector, private sector, philanthropic and commercial support for, and investment in the arts. This will enable Creative Australia to coordinate financial support from the public, private and commercial sector for the arts as well as recognise leadership and achievement in this area. Paragraph 11(1)(k) allows for Creative Australia to undertake activities that relate to promoting safe workplaces for Australian artists, workers in organisations that engage in or support Australian arts practice, and persons otherwise involved in Australian arts practice. This will enable Creative Australia to deliver services through Creative Workplaces, agreed as part of Revive, to provide advisory and support services on issues of pay, safety and welfare across the arts sector including for artists and arts workers. Paragraph 11(1)(l) provides for Creative Australia to be able to provide advice, training and mentoring on matters connected with the arts or the performance of its

functions. This enables Creative Australia to deliver training and mentoring across all artforms and in particular for the music sector under Music Australia. Paragraph 11(1)(m) requires Creative Australia "to provide information and advice to the Commonwealth Government on matters connected with the arts or the performance of Creative Australia's functions". This allows Creative Australia to inform the Commonwealth Government about developments in the contemporary arts sector, with a view to informing Commonwealth Government policy in relation to the arts. This function provides assurance of Creative Australia's accountability to the Commonwealth Government regarding its activities and the performance of its functions as a Commonwealth statutory authority. This is achieved through Creative Australia providing information on the nature of the activities it is undertaking, how these activities are related to developments in the arts sector, as well as providing advice to the Commonwealth Government on approaches being taken to ensure the efficient and effective performance of Creative Australia's functions. Paragraph 11(1)(n) allows Creative Australia to continue "to conduct and commission research into, and publish information about the arts and support for, an investment, in the arts". Creative Australia's research function is linked to its advocacy role in informing Commonwealth Government policy in relation to the arts. This includes conducting of research on particular artforms, research into developments in the Australian arts sector (such as the careers of Australian artists or audience attendance at arts exhibitions or performances), as well as national and global trends in the arts more broadly. The research function also includes the topics of arts support and investment and the publishing of such research to benefit Australian cultural and creative practitioners. Paragraph 11(1)(o) requires Creative Australia "to evaluate, and publish information about, the impact of the support Creative Australia provides". This allows Creative Australia to measure the impact of the funding it administers to artists and arts organisations in the service of high accountability standards enshrined in the functions. This function promotes accountability and transparency not only to the Government but to the arts sector and to the Australian public more generally regarding the provision of Commonwealth Government funding to the arts. Under this Bill, Creative Australia can undertake any other function conferred on it by the Act or by any other law of the Commonwealth (paragraph 11(1)(p)). Creative Australia has the ability to undertake anything that may be incidental or conducive to the performance of the specific functions prescribed in clause 11 (paragraph 11(1)(q)). Subclause 11(2) allows Creative Australia to charge fees for the activities it undertakes in performing its functions where applicable and cooperate with others so that it may perform its functions. This could include Creative Australia charging for delivery of some specialised services. However, the fees which Creative Australia is authorised to charge under subclause 11(2) cannot amount to taxation (refer subclause 11(3)). Creative Australia is empowered by subclause 11(4) to cooperate with others to perform its functions.

Subclauses 11(5) and (6) allow Creative Australia to carry out activities within Australia, or outside Australia if it is for the benefit of Australia or Australian citizens or Australian residents. For example, Creative Australia supports Australian participation in overseas arts festivals and conferences including the Festival of Pacific Arts and Culture, the largest gathering of First Nations people held by different countries in Oceania and the Venice Biennale, the world's oldest and most highly regarded international cultural exhibition. Clause 12: Powers Subclause 12(1) provides Creative Australia with the power to undertake activities that are necessary for it to perform its functions as described in clause 11, or to be done for the connection with the performance of these functions. Subclause 12(2) clarifies what Creative Australia's powers may include, such as the ability to: - enter into contracts - erect buildings, for example, if Creative Australia were to build a building from which it would operate - use Commonwealth land that is made available to it for the purposes of Creative Australia - acquire, hold and dispose of property, both real and personal - accept gifts, devises, bequests and assignments, such as donations made to fund an activity that supports, for example, an arts event or project - act as a trustee of money or other property vested in Creative Australia on trust - provide financial assistance, by providing a loan, grant, investment, award, or other form of financial assistance, to an artist or arts organisation that will fulfil a function of Creative Australia. For example, to support Australian arts practice that is recognised for excellence, or to make loans to support Australian arts projects where the investment will be repaid by the recipient - provide guarantees, whereby Creative Australia would act as a guarantor, for example, for a loan provided to an artist or arts organisation to create a new work or pursue an artistic project - commission or sponsor arts projects or other activities, for example, activities undertaken by artists or arts organisations that will fulfil a function of Creative Australia, for example, the promotion, appreciation, knowledge and understanding of the arts through community engagement - provide or administer services, facilities, programs or equipment, for example, administering an Commonwealth Government program that is relevant to a function of Creative Australia - do anything incidental to any of the above, or anything incidental to other powers connected to the performance of Creative Australia's functions. Subclause 12(3) is intended to make it clear that regardless of any other provision of the Bill, if Creative Australia holds money or other property on trust, Creative Australia must deal with the money or property in accordance with the obligations of being a trustee of the trust. This subclause also provides that if Creative Australia accepts money or other property subject to a condition, Creative Australia must deal with this money or property in accordance with the condition.

Clause 13: Matters to be taken into account by Creative Australia Clause 13 outlines the matters that Creative Australia must consider in the performance of its functions and the exercise of its powers, including policies that the Commonwealth Government may develop in relation to the arts, and any other matters specified in a direction given by the Minister under subclause 14(1). Clause 14: Ministerial directions Clause 14 allows for the Minister to give direction to the Board in relation to the performance of functions and powers of Creative Australia. Any directions provided by the Minister under this clause are legislative instruments within the meaning of the Legislative Instruments Act 2003 and must be tabled in Parliament and are subject to disallowance. The Minister can also request Creative Australia to provide a report or advice on matters relating to Creative Australia's functions or powers. Subclause 14(2) provides that the Minister is not able to give direction to Creative Australia in relation to decisions made by Creative Australia on the provision of financial assistance or a guarantee, which includes grants, loans, awards or investments as prescribed in paragraph 12(2)(g). This retains the arms-length principle of decision making set out in the old Act, ensuring that Creative Australia will continue to make decisions regarding the provision of funding independent of the Commonwealth Government and free of political interference. However, as a corporate Commonwealth entity, Creative Australia remains ultimately accountable to the Australian Parliament and the Commonwealth Government (through the Arts Minister) The Board is responsible for ensuring Ministerial directions to Creative Australia are complied with under subclause 14(3). Subclause 14(4) is intended to make it clear that this section of the Bill does not limit the operation of section 19 of the PGPA Act, which relates to keeping the responsible Minister and Finance Minister informed. Clause 15: Creative Australia does not have privileges and immunities of the crown Clause 15 is intended to make it clear that Creative Australia does not have the privileges and immunities of the Crown in right of the Commonwealth. Division 3--Parts of Creative Australia This Division provides for the establishment of two dedicated parts of Creative Australia: Music Australia and Creative Workplaces. Clause 16: Music Australia Subclause 16(1) allows the establishment of Music Australia, as a part of Creative Australia.

Subclause 16(2) describes Music Australia's responsibilities, which include specifically supporting and promoting Australian contemporary music practice, the promotion and development of markets and audiences for the Australian music sector, as well as any other matters that the Board directs for Music Australia to be responsible for within Creative Australia's broader legislative functions. Subclause 16(3) provides the CEO with the ability to designate an employee of Creative Australia as a director responsible for Music Australia and the services and functions provided under this part of Creative Australia. Under subclause 16(4), the CEO must not designate such a person without consulting the Minister. Music Australia is a dedicated arm of Creative Australia focussing on supporting and promoting Australian contemporary music practice and markets and audiences for the practice. It is not a separate legal entity to Creative Australia and remains subject to the internal procedures and rules of Creative Australia. It must carry out its designated responsibilities legally, and on behalf of, Creative Australia. It is envisaged that the activities of Creative Australia, through its Music Australia arm, will assist contemporary music artists and organisations through increased development of original Australian music, supporting industry professionals to learn business and management skills and growing the market for contemporary Australian music. Clause 17: Creative Workplaces Subclause 17(1) allows the establishment of Creative Workplaces, as part of Creative Australia. Subclause 17(2) describes Creative Workplaces' responsibilities, which include specifically promoting fair, safe and respectful workplaces for Australian artists, persons engaged in Australian arts practice, and persons otherwise involved in Australian arts practice. The Board may direct that Creative Workplaces is responsible for other matters within Creative Australia's broader legislative functions. Subclause 17(3) provides the CEO with the ability to designate an employee of Creative Workplaces as a director responsible for Creative Australia. Under subclause 17(4), the CEO must not designate such a person without consulting the Minister. Similar to Music Australia, Creative Workplaces is a dedicated arm of Creative Australia. It is not a separate legal entity to Creative Australia and remains subject to the internal procedures and rules of Creative Australia. It must carry out its designated responsibilities legally, and on behalf of, Creative Australia. It is envisaged that the activities of Creative Australia, through its Creative Workplaces arm, will provide advice on issues of pay, safety and welfare in the arts and entertainment sector, refer matters to the relevant authorities and develop codes of conduct and resources for the sector.

Part 3 - The Australia Council Board Division 1--Introduction Clause 18: Simplified outline of this Part Clause 18 is included to assist readers to understand this part of the Bill including: - establishing the Australia Council Board - making clear that the Board is responsible for ensuring the proper and efficient performance of Creative Australia's functions - making clear that the Board consists of the Chair, the Deputy Chair, the CEO and up to eleven (11) other members. The Minister appoints the members of the Board other than the CEO. The Minister must consult the Chair before appointing a member other than the Chair - dealing with the terms and conditions of appointment for appointed Board members and the meetings of the Board. This outline is not intended to be comprehensive. It is intended that readers should rely on the substantive provisions. Division 2 - The Board Clause 19: Establishment This clause establishes the Board of Creative Australia known as the Australia Council Board. The Board will be known as the Australia Council Board to retain the connection to the creation of the Australia Council by the Whitlam Government in 1975. Clause 20: Role Clause 20 sets out the role of the Board. The Board is responsible for the proper and efficient performance of Creative Australia functions (subclause 20(1)), and has the power to do all things necessary or convenient to be done for or in connection with the performance of its duties (subclause 20(2)). The Board is responsible for a range of things, including compliance with all applicable laws, and ensuring that there are appropriate systems and processes in place for the operation of the entity. Subclause 20(3) provides that activities undertaken by the Board in the name of, or on behalf of Creative Australia, are to be taken to have been done by Creative Australia. The subclause also provides the Board with the capacity to authorise the CEO or other Creative Australia staff to undertake activities in the name of, or on behalf of, Creative Australia. Subclause 20(4) allows all things done in the name of, or on behalf of, Creative Australia by the Board, or with the authority of the Board, to be done on the basis of the subjective opinion, belief or state of mind of the person or body doing them.

Clause 21: Membership Subclause 21(1) provides that the Board will consist of the Chair, the Deputy Chair, the CEO, and between five (5) and eleven (11) other members. The effect of paragraph 21(1)(c) is that the CEO is as an ex-officio member of the Board, that is, by virtue of holding the office of CEO. This replicates the CEO's ex-officio status on the Board of the Australia Council as previously set out in the old Act. This arrangement therefore remains important as all appointed Board members are part-time under subclause 22(5) of the Bill. Subclause 21(2) of the Bill is intended to make it clear that if the number of Board members were to fall below eight (8) for a period of up to six (6) months (including the Chair, Deputy Chair and CEO), this would not be a reason in itself that would affect the performance of the Board's functions or the exercise of its powers. This subclause allows for the continued functioning of the Board in unforeseen circumstances where appointments to the Board may be delayed. This subclause also provides that if the number of Board members were to fall below six (6) (including the Chair, Deputy Chair and the CEO), the Board would not be able to perform its functions or exercise its powers as this is the minimum number considered necessary for appropriate decision-making processes. While the CEO is an ex-officio member of the Board as described above, the CEO is included in the number of members provided in this clause as it is considered necessary for a CEO to be in place for Creative Australia to continue to operate. By operation of the Transitional Bill, members of the previous Board of the Australia Council (excluding the CEO) cease to hold office once the Bill commences. Division 3 - Appointments etc. of appointed Board members Clause 22: Appointment Subclause 22(1) enables the Minister to appoint Board members by written instrument, including the Chair and Deputy Chair. The note in this clause is intended to assist readers by making it clear that appointed Board members are the Board members other than the CEO as set out in clause 4 of the Bill. Subclause 22(2) requires the Minister to consult the Chair of the Board (who has been appointed by the Minister) before appointing other Board members, including the Deputy Chair. The intended effect of this measure is to ensure that the skills mix of the Board is discussed by the Minister and Chair, in line with the requirement for a skills-based Board included in subclause 22(3). Subclause 22(3) requires the Minister to be satisfied that a person has the appropriate qualifications, knowledge, skills or experience for that person to be appointed as a Board member. This will have the effect of ensuring a skills-based Board, to provide a mix of arts, corporate and other relevant knowledge and expertise. Such knowledge or expertise could include (but is not limited to) skills or experience in a range of artforms, administration or artistic leadership of major performing arts companies,

marketing, strategic planning, corporate governance, financial, legal, workplace safety or corporate sponsorship and philanthropic expertise. Subclause 22(4) is intended to make it clear that the Minister must consider the importance of having people with skills or experience in the arts appointed to the Board of Creative Australia, as well as people who are involved in the arts more broadly. This includes, for example, appointing arts practitioners, arts workers, or persons with arts management or administration expertise to the Board. Appointed Board members hold office on a part-time basis (subclause 22(5)), and may be appointed for up to four (4) years at a time (subclause 22(6)), with the maximum time served to not exceed nine (9) years (subclause 22(7)), including time served on the Board under the old Act. Clause 23: Acting appointments Subclause 23(1) enables the Deputy Chair of the Board to act as the Chair when there is no Chair, or when the Chair is absent from duty, or for any reason unable to perform their duties as Chair. Subclause 23(2) specifies that if there is no Deputy Chair, the Deputy Chair is unavailable, or the Deputy Chair is acting as Chair, the Minister can appoint another appointed Board member to act as the Deputy Chair by means of written instrument. The reference to "appointed Board member" indicates that the CEO cannot be appointed to act as the Deputy Chair. Subclause 23(3) provides that the Minister can appoint a person to act as a Board member by means of written instrument when there is a vacancy in the office of a Board member, if a member is acting as the Deputy Chair, or if a member is either absent from duty or unable to perform their duties. Subclause 23(4) clarifies that subclauses 22(3), 22(4) and 22(7) regarding the skills and expertise required for Board members also applies to acting Board members. The note in this clause refer readers to sections 33A and 33AB of the Acts Interpretation Act 1901 for further information on the rules that apply to acting appointments. These clauses are intended to enable, so far as possible, the continuing and effective functioning of the Board in the absence of the Chair or Deputy Chair. Clause 24: Remuneration Clause 24 provides that appointed Board members are to be paid remuneration as determined by the Remuneration Tribunal, or if there is no determination of that remuneration in operation, the member is to be paid remuneration as prescribed in the rules made by the Minister under clause 86. Allowances to be paid to an appointed Board member are to be prescribed in the rules made by the Minister under clause 86. This clause is effective subject to the Remuneration Tribunal Act 1973.

Clause 25: Leave Subclause 25(1) provides that the Minister may determine the terms and conditions on which the Chair may be granted a leave of absence, while subclause 25(2) allows the Chair to grant other appointed Board members a leave of absence on terms and conditions determined by the Chair. Subclause 25(3) provides that the Chair must notify the Minister if the Chair grants an appointed Board member a leave of absence for a period exceeding 6 months. Clause 26: Resignation Subclause 26(1) provides that an appointed Board member may resign from office by providing the Minister with a written resignation. Subclause 26(2) provides that the resignation would take effect on the day the Minister receives it, or would alternatively take effect on a later day if specified in the resignation. Clause 27: Termination Subclause 27(1) provides that the Minister may terminate the appointment of a Board member for reasons of misbehaviour, or if a Board member is unable to perform the duties of their office due to physical or mental incapacity. Subclause 27(2) provides that the Minister must terminate the appointment of a Board member if the Board member were to: - become bankrupt - apply to take the benefit of any law in order to relieve bankruptcy or insolvent debtors; - compound with their creditors - assign their remuneration to benefit their creditors - make an assignment of the member's remuneration for the benefit of the member's creditors; or - be absent from three consecutive Board meetings, without having been granted a leave of absence. Subclause 27(2) notes that the appointment of an appointed Board member may also be terminated under section 30 of the PGPA Act (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). Clause 28: Other terms and conditions This clause requires that the terms and conditions on which an appointed Board member may hold office are to be determined by the Minister, where not otherwise dealt with elsewhere in the Bill.

Division 4 - Procedures of the Board Clause 29: Convening meetings This clause provides that the Board must hold meetings as necessary for performing its functions and that the Chair: - may convene meetings of the Board at any time; - must hold a minimum of four meetings a year, meaning that more than four meetings a year may be convened; and - must hold a meeting within 30 days after receiving a request from the Minister or if a majority of appointed Board members sign a written request for a meeting. Clause 30: Quorum This clause provides that a quorum for a meeting of the Board is a majority of the current appointed Board members. If members are required not to be present under section 29 of the PGPA Act, they are to leave a meeting during deliberations, or when a decision is to be made regarding a particular matter. Remaining appointed Board members would need to constitute a quorum for the purposes of deliberation or decision regarding that particular matter. Clause 31: Presiding at meetings This clause provides: - that the Chair must preside at all meetings of the Board that they attend - if the Chair is not present at a meeting of the Board, the Deputy Chair must instead preside at the meeting; and - if both the Chair and Deputy Chair are not present at a meeting, the appointed Board members present must appoint a member amongst themselves to preside at the meeting. Clause 32: Voting at meetings Clause 32 provides that questions at a meeting of the Board are decided by a majority of votes of appointed Board members that are present and voting, and that the presiding appointed Board member at the meeting has a deliberative vote, as well as the ability to make a casting vote if the votes are equal. The effect of this clause through the reference to "appointed Board members" is that the CEO will have deliberative, but not voting rights on the Board. This addresses the potential for a conflict of interest to arise when the CEO has referred a decision to the Board, particularly in relation to the provision of financial assistance or otherwise. The CEO will be available at Board meetings to provide information or advice, for example, on Creative Australia's operations. Clause 33: Minutes This clause requires the Board to keep minutes of all meetings.

Clause 34: Conduct of meetings This clause provides the Board, subject to this Division is able to regulate the conduct of its meetings as it sees fit. The note in this clause also refers readers to section 33B of the Acts Interpretation Act 1901 for further information about how Board members may participate in meetings, referring to methods of attending that are not in person. Clause 35: Decisions without meetings Subclause 35(1) provides for a number of instances where the Board is taken to have made a decision at a meeting. These are: - if a majority of the current appointed Board members entitled to vote on a proposed decision have indicated agreement with a decision without having met - if appointed Board members have indicated agreement to a proposed decision by a method determined by the Board under subclause 35(2)(b); and - if all appointed Board members have been informed of the proposed decision, or reasonable effort has been made to inform all the current appointed Board members of the proposed decision. Subclause 35(1) is subject to subclause 35(2) of the Bill, which specifies that these arrangements may only apply if the Board has previously determined that it may make decisions of a particular kind without holding a meeting, and has also determined a method by which appointed Board members can indicate their agreement with proposed decisions. Subclause 35(3) clarifies that paragraph 35(1)(a) does not apply if an appointed Board member would not have been entitled to vote on a proposed decision if the matter had been considered at a meeting of the Board. Subclause 35(4) confirms that the Board must keep a record of decisions made in accordance with this section. Part 4 - Music Australia Council Division 1--Introduction Clause 36: Simplified outline of this Part Clause 36 is included to assist readers to understand this part of the Bill including: - establishing the Music Australia Council - making clear that the function of Music Australia Council is to advise the Board about the responsibilities of Music Australia. The Board may also direct the Council to perform a particular function, or exercise a particular power, of Creative Australia - the Council consists of the Chair of the Council and eight (8) other members. The CEO must be the Chair of the Council and other members are appointed by the Minister - dealing with the terms and conditions of appointment for Council members (other than the CEO) and the procedures of the Council.

This outline is not intended to be comprehensive. It is intended that readers should rely on the substantive provisions. Division 2--Establishment etc. of Music Australia Council Clause 37: Establishment This clause allows the establishment of the Music Australia Council. Clause 38: Functions Subclause 38(1) describes the functions of the Music Australia Council, which includes to advise the Board about the responsibilities of Music Australia (paragraph 38(1)(a)), to perform functions and exercise powers of Creative Australia as directed under subsection (2) (paragraph 38(1)(b)), as well as anything incidental or conducive to the performances of these functions. Subclause 38(2) enables the Board to give directions to the Music Australia Council relating to its performance of functions and requires the Council to comply with these directions. Subclause 38(3) provides that the Music Australia Council must comply with any written direction given by the Board. Subclause 38(4) has been included in the Bill to assist readers by explaining that any written direction given by the Board to the Music Australia Council in writing is not a legislative instrument. Clause 39: Membership This clause provides that the Music Australia Council will consist of a Chair and eight (8) other members. Subclause 39(2) provides that the Chair of the Music Australia Council must be the CEO of Creative Australia. The effect of this subclause is that the person occupying the position of CEO from time to time will be the Chair of the Music Australia Council, by virtue of holding the office of CEO. This will enable the Music Australia Council to provide meaningful advice to the Board and Creative Australia, and deliver on commitments under Revive - a place for every story, a story for every place. Subclause 39(3) provides that an appointed Music Australia Council member is considered an official of Creative Australia under subsection 13(2) of the PGPA Act (an official of a Commonwealth entity (other than a listed entity) is a person who is in, or forms part of, the entity).

Division 3 - Appointment etc. of appointed Music Australia Council members Clause 40: Appointment Subclause 40(1) allows the Minister to appoint members (other than the CEO) to the Music Australia Council by written instrument, and in consultation with the Chair of Music Australia 40(2). Subclause 40(3) ensures that a person must not be appointed as an appointed Music Australia Council member unless the Minister is satisfied that the person has appropriate qualifications, knowledge, skills or experience. This will have the effect of ensuring a skills-based Council, to provide a mix of arts and industry knowledge and expertise. Such knowledge or expertise could include (but is not limited to) skills or experience relating to contemporary music practice, music industry expertise and export market development. Subclause 40(4) provides that a Music Australia Council member will hold office on a part time basis. Under Subclause 40(5) a member will hold office for the period specified in the instrument of appointment and that must not exceed four (4) years. The note provides that an appointed Music Australia Council member may be reappointed under section 33AA of the Acts Interpretation Act 1901. Subclause 40(6) provides that a person must not be appointed as an appointed Music Australia Council member for a period if the sum of the following exceeds nine (9) years: - that period (paragraph 40 6(a)) - any periods of previous appointment to the Music Australia Council (paragraph 40(6)(b)). Clause 41: Acting appointments Subclause 41(1) allows the Minister to appoint an appointed Music Australia Council member to act as the Chair of the Music Australia Council during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office, paragraph 41(1)(a)), or during any period or all periods when the Chair of the Music Australia Council is absent from duty or is for any reason unable to perform their duties (paragraph 41(1)(b)(i)(ii)). Subclause 41(2) allows the Minister to appoint a person by written instrument to act as an appointed Music Australia Council member during a vacancy in the office of a member (whether or not an appointment has previously been made to the office) (paragraph 41(2)(a)), or when an appointed Music Australia Council member is acting as the Chair or absent from duty for any reason (paragraph 41(2(b)(ii)(iii)). Subclause 40(3) and (6) apply in relation to appointments under subclause 41(2) of this section in the same way they apply to an appointment under subclause 40.

The note in this clause refer readers to sections 33A and 33AB of the Acts Interpretation Act 1901 for further information on the rules that apply to acting appointments. Clause 42: Remuneration Subclause 42(1) provides for a Music Australia Council member to be paid remuneration that is determined by the Remuneration Tribunal. If the Remuneration Tribunal does not determine the remuneration, the member is to be paid the remuneration that is prescribed by the rules. Subclauses 42(2) and 42(3) allows an appointed Music Australia Council member to be paid the allowances that are prescribed by the rules, and the entirety of subclause 42 has effect subject to the Remuneration Tribunal Act 1973. Clause 43: Leave Subclause 43(1) enables the Minister to grant the Chair of the Music Australia Council a leave of absence on the terms and conditions determined by the Minister. Subclause 43(2) enables the Chair to grant a Music Australia Council member a leave of absence on terms and conditions determined by the Chair. The Chair must notify the Minister if the leave of absence of a member exceeds six (6) months (subclause 43(3)). Clause 44: Resignation Subclause 44(1) enables a Music Australia Council member to resign from their appointment by giving the Minister written notification. The resignation will take effect on the day it is received by the Minister, or a later date if specified in the resignation (44(2)). Clause 45: Termination Subclause 45(1)(a-b) allows the Minister to terminate the appointment of a Music Australia Council member for misbehaviour, or if the member is unable to perform duties due to physical or mental incapacity. Subclause 45(2)(a) provides that the Minister must terminate the appointment of a Music Australia Council member if the member: - becomes bankrupt; or - applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or - compounds with the member's creditors; or - makes an assignment of the member's remuneration for the benefit of the member's creditors. Subclause 45(2)(a) provides that the Minister must terminate the appointment of a member if they are absent, except on leave of absence, from three (3) consecutive meetings.

Clause 46: Other terms and conditions This clause confirms that an appointed Music Australia Council member holds office on the terms and conditions (if any) in relation to matters not covered by this proposed Act that are determined by the Minister. Division 4--Procedures of the Music Australia Council Clause 47: Procedures Subclause 47(1) provides that the Music Australia Council may determine its own procedures, subject to any direction given by the Board (47(2)). Subclause 47(2) allows the Board to give written directions to the Music Australia Council about procedures. Subclause 47(3) is included to assist readers. The direction given by the Board to the Music Australia Council about procedures under subclause 47(2) is not a legislative instrument within the meaning of subsection 8(1) of the Legislation Act 2003. Part 5--Creative Workplaces Council Division 1--Introduction Clause 48: Simplified outline of this Part Clause 48 is included to assist readers to understand this part of the Bill including: - establishing the Creative Workplaces Council - making clear that the function of the Creative Workplaces Council is to advise the Board about the responsibilities of Creative Workplaces. The Board may also direct the Council to perform a particular function, or exercise a particular power, of Creative Australia - making clear that the Council consists of the Chair of the Council and six (6) other members, all of whom are appointed by the Minister. The CEO is not eligible for appointment - dealing with the terms and conditions of appointment for Council member and the procedures of the Councils. This outline is not intended to be comprehensive. It is intended that readers should rely on the substantive provisions. Division 2--Establishment etc. of Creative Workplaces Council Clause 49: Establishment This clause allows the establishment of the Creative Workplaces Council.

Clause 50: Functions Subclause 50(1) describes the functions of the Council, which includes advising the Board about the responsibilities of Creative Workplaces (paragraph 50(1)(a)), to perform functions and exercise powers of Creative Australia as directed under subsection (2) (paragraph 50(1)(b)), as well as anything incidental or conducive to the performances of these functions (paragraph 50(1)(c)). Subclause 50(2) allows the Board to direct the Creative Workplaces Council to perform certain functions and exercise powers as part of Creative Australia. Under subclause 50(3) the Board may give directions to the Creative Workplaces Council relating to its performance of functions and the Council must comply with these directions. Subclause 50(4) has been included in the Bill to assist readers. Any written direction given by the Board to the Creative Workplaces Council in writing is not a legislative instrument. Clause 51: Membership This clause provides that the Creative Workplaces Council membership will consist of a Chair and six (6) other members. Subclause 51(2) provides that an appointed Creative Workplaces Council member is considered an official of Creative Australia under subsection 13(2) of the PGPA Act (an official of a Commonwealth entity (other than a listed entity) is a person who is in, or forms part of, the entity). Division 3- Appointment etc. of Creative Workplaces Council members Clause 52: Appointment Subclause 52(1) allows the Minister to appoint members to the Creative Workplaces Council by written instrument, and in consultation with the Chair of Creative Workplaces 52(2). Subclause 52(3) ensures that a person must not be appointed to the Creative Workplaces Council unless the Minister is satisfied that the person has appropriate qualifications, knowledge, skills or experience. This will have the effect of ensuring a skills-based Council, and provide a mix of knowledge and expertise relevant to workplace safety across the arts sector. Subclause 52(4) provides that the CEO of Creative Australia must not be appointed as a Creative Workplaces Council member. Subclause 52(5) provides that a Creative Workplaces Council member will hold office on a part time basis.

Under Subclause 52(6) a member will hold office for the period specified in the instrument of appointment which must not exceed four (4) years. The note provides that an appointed Creative Workplaces Council member may be reappointed under section 33AA of the Acts Interpretation Act 1901. Subclause 52(7) provides that a person must not be appointed as Creative Workplaces Council member for a period if the sum of the following exceeds 9 years: - that period (paragraph 52(7)(a)) - any periods of previous appointment to the Creative Workplaces Council (paragraph 52(7)(b)). Clause 53: Acting appointments Subclause 53(1) allows the Minister to appoint a Creative Workplaces Council member to act as the Chair of the Creative Workplaces during a vacancy in the office of the Chair of the Creative Workplaces Council (whether or not an appointment has previously been made to the office (paragraph 53(1)(a)), or during any period or all periods when the Chair of Creative Workplaces is absent from duty, or is for any reason unable to perform their duties (paragraph 53(1)(b)(i)(ii)). Subclause 53(2) allows the Minister to appoint a person by written instrument to act as an appointed Creative Workplaces Council member during a vacancy in the office of a member (whether or not an appointment has previously been made to the office) (paragraph 53(2)(a)), or when an appointed Creative Workplaces Council member is acting as the Chair or absent from duty for any reason (paragraph 53(2)(b)). Subclause 52(3), (4) and (7) applies in relation to appointments under subclause 53(2) of this section in the same way as it applies to an appointment under subclause 52. The note in this clause refer readers to sections 33A and 33AB of the Acts Interpretation Act 1901 for further information on the rules that apply to acting appointments. Clause 54: Remuneration Subclause 54(1) provides for a Creative Workplaces Council member to be paid remuneration that is determined by the Remuneration Tribunal. If the Remuneration Tribunal does not determine the remuneration, the member is to be paid the remuneration that is prescribed by the rules. Subclauses 54(2) and 54(3) allows an appointed Creative Workplaces Council member to be paid the allowances that are prescribed by the rules, and the entirety of subclause 54 has effect subject to the Remuneration Tribunal Act 1973. Clause 55: Leave Subclause 55(1) enables the Minister to grant the Chair of the Creative Workplaces Council a leave of absence on the terms and conditions determined by the Minister.

Subclause 55(2) enables the Chair to grant a Creative Workplaces member a leave of absence on terms and conditions determined by the Chair. The Chair must notify the Minister if the leave of absence of a member exceeds six (6) months (subclause 55(3)). Clause 56: Resignation Subclause 56(1) enables a Creative Workplaces Council member to resign from their appointment by giving the Minister written notification. The resignation will take effect on the day it is received by the Minister, or a later date if specified in the resignation (subclause 56(2)). Clause 57: Termination Subclause 57(1)(a-b) allows the Minister to terminate the appointment of a Creative Workplaces Council member for misbehaviour, or if the member is unable to perform duties due to physical or mental incapacity. Subclause 57(2)(a) provides that the Minister must terminate the appointment of a Creative Workplaces Council member if the member: - becomes bankrupt; or - applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or - compounds their debts with their creditors; or - makes an assignment of the member's remuneration for the benefit of the member's creditors. Subclause 57(2)(b) provides that the Minister must terminate the appointment of a member if they are absent, except on leave of absence, from three (3) consecutive meetings. Clause 58: Other terms and conditions This clause confirms that an appointed Creative Workplaces Council member holds office on the terms and conditions (if any) in relation to matters not covered by this proposed Act that are determined by the Minister. Division 4--Procedures of the Creative Workplaces Council Clause 59: Procedures Subclause 59(1) provides that the Creative Workplaces Council may determine its own procedures. Subclause 59(2) allows the Board to give written directions to the Creative Workplaces Council about procedures. Subclause 59(3) is included to assist readers. The direction given by the Board to the Creative Workplaces Council under subclause 59(2) is not a legislative instrument within the meaning of subsection 8(1) of the Legislation Act 2003.

Part 6 - Committees Clause 60: Simplified outline of this Part Clause 60 is included to assist readers to understand this part of the Bill and provides for the Board to establish committees to advise or assist in the performance of Creative Australia's functions or the Board's functions, in accordance with any determinations or directions by the Board. Clause 61: Committees Subclause 61(1) provides the Board with the flexibility and discretion to establish committees that can provide it with advice or assist in the performance of Creative Australia functions or the Board's functions. Subclause 61(2) makes it clear that where a committee is convened for the purposes of providing advice or making recommendations to the Board about policy or the provision of financial assistance or guarantees in relation to the arts, such a committee will be required to include at least one member with relevant experience in the arts. For example, in the case of a committee formed by the Board to provide arts sector advice or to make decisions regarding grant applications in relation to a particular art form or artistic program, the Board would be required to appoint at least one member to that committee with experience relevant to that art form or artistic program. Subclause 61(3) provides that committees may be comprised of Board members or other persons, including members with arts knowledge or expertise. Subclause 61(4) provides for the Board to determine the terms of reference for a committee, the terms and conditions regarding the appointment of members of a committee (subject to clause 62), as well as the procedures a committee will follow. It is intended that this subclause will provide the framework for communication between the Board and its committees and it will ensure that the Board has the necessary flexibility to establish committees to provide advice or to make recommendations on a specified matter including, for example, the consideration of applications for a particular funding program. Subclause 61(5) allows for the Board to give directions to a committee regarding the advice or assistance that the committee is to provide to the Board, and that the committee must comply with those directions. Subclause 61(6) is administrative only in nature, and is included to assist readers. The direction by the Board to committee in relation to advice or assistance (subclause 61(5)) is not a legislative instrument within the meaning of subsection 8(1) of the Legislation Act 2003. Subclause 61(7) makes clear all committee member regardless of whether they are also Board members are considered officials under the PGPA Act (see subsection 13(2) and paragraph 13(3)(a) of that Act).

Clause 62: Remuneration and allowances Clause 62 provides that members of committees established under clause 61 will be paid remuneration as determined by the Remuneration Tribunal, or if there is no determination of that remuneration in operation, the member is to be paid remuneration as prescribed in the rules made by the Minister under clause 86. The Remuneration Tribunal is an independent statutory body that handles the remuneration of appointees to key Commonwealth offices. Allowances to be paid to a committee member are to be prescribed in the rules made by the Minister under clause 86. This clause is effective subject to the Remuneration Tribunal Act 1973. Part 7 - CEO, staff and consultants Division 1--Introduction Clause 63: Simplified outline of this Part Clause 63 is included to assist readers and make clear that there is to a Chief Executive Officer of Creative Australia, who is responsible for the day-to-day administration of Creative Australia. The CEO is appointed by the Board with the written agreement of the Minister and must act in accordance with any policies determined, and any directions given, by the Board. Clause 63 also makes clear that Creative Australia may engage staff and consultants. Division 2--Chief Executive Officer Clause 64: Establishment Clause 64 confirms that there will be a CEO of Creative Australia. Clause 65: Role 65(1) confirms that the role of CEO is to be responsible for the day-to-day administration of Creative Australia, meaning this is a full-time position. The note in this subclause is intended to make it clear that the CEO is also an ex- officio member of the Board, and as such is a member of the Board only by virtue of being appointed to the office of CEO, but does not hold voting rights on the Board. Subclause 65(2) provides the CEO with the power to do all things that may be necessary or convenient in performing, or in relation to performing, their duties in the context of their role as CEO. Subclause 65(3) confirms that the CEO is to act in a way consistent with any policies and directions given by the Board.

Subclause 65(4) provides that activities undertaken by the CEO in the name of, or on behalf of Creative Australia, are taken to have been done by Creative Australia, and also provides the CEO with the capacity to authorise other staff to undertake activities in the name of, or on behalf of, Creative Australia. This capacity is similar to the Board's capacity to authorise others to undertake activities in the name of, or on behalf of Creative Australia under subclause 20(3). Subclause 65(6) is intended to assist readers by making it clear that any policy or direction given by the Board to the CEO of Creative Australia under subclause 65(3) is administrative, not legislative in character, and therefore not a legislative instrument within the meaning of subsection 8(1) of the Legislative Instruments Act 2003. Clause 66: Appointment Subclause 66(1) provides that the Board will appoint the CEO with the written agreement of the Minister, which reflects the arrangements of other similar Commonwealth statutory authorities. Subclause 66(2) specifies that the appointment will be made by written instrument. The CEO will hold office on a full-time basis (subclause 66(3)), for a period specified in the instrument of appointment, which cannot exceed five (5) years (subclause 66(4)). The note in this clause refers readers to section 33AA of the Acts Interpretation Act 1901, which provides that a person or body empowered with the ability to make an appointment, is also empowered with the ability to make a re-appointment. Clause 67: Acting appointment Clause 67 provides that the Board is able to appoint a person to act as the CEO, with the written agreement of the Minister, when there is a vacancy in the office of the CEO, when the CEO is absent from duty, or when the CEO is unable to perform the duties of the office. The note in this clause refers readers to sections 33AB and 33A of the Acts Interpretation Act 1901 for further information on the rules that apply to acting appointments. Clause 68: Other paid work Clause 68 provides that the CEO must receive approval from the Chair if they are to engage in paid work outside the duties of the CEO's office and the Chair must notify the Minister if approval is given. This is in recognition of the full-time nature of the CEO's role as well as the potential for conflicts of interest to arise and the need to manage any such conflict. Clause 69: Remuneration Clause 69 provides that the CEO is to be paid remuneration as determined by the Remuneration Tribunal, or if there is no determination of that remuneration in operation, the member is to be paid remuneration as prescribed in the rules made by

the Minister under clause 86. Allowances to be paid to the CEO are to be prescribed in the rules made by the Minister under clause 86. Clause 69 remains effective subject to the Remuneration Tribunal Act 1973 (refer subclause 38(3)). Clause 70: Leave This clause provides that recreation leave for the CEO will be determined by the Remuneration Tribunal, and the Minister can grant the CEO other leave on the terms and conditions regarding remuneration or otherwise as determined by the Chair. The Chair must notify the Minister if they grant the CEO more than one (1) month's leave. Clause 71: Resignation Subclause 71(1) provides that the CEO may resign from that position by providing the Chair with a written notification. Subclause 71(2) provides that the CEO's resignation will take effect on the day the Chair receives it, or alternatively, on a later day if a later day is specified in the resignation. Subclause 71(3) requires the Chair to notify the Minister of the CEO's resignation. Clause 72: Termination Clause 72(1) provides the Board with the discretion to terminate the appointment of the CEO, with the written agreement of the Minister, for any of the following reasons: - misbehaviour - being unable to perform the duties of the office of CEO due to physical or mental incapacity - the Board being satisfied that the CEO's performance of their duties has been unsatisfactory for a significant period of time - if the CEO becomes bankrupt, applies to take the benefit of any law in order to relieve bankruptcy or insolvent debtors, or compounds with his/her creditors - assigns his or her remuneration to benefit creditors - where the CEO is absent for fourteen (14) consecutive days, or for twenty-eight (28) days in any twelve (12) months, for reasons other than being on leave of absence; or - where the CEO contravenes the general duties of officials as per section 30 of the PGPA Act, that is, without reasonable excuse, failing to comply with the duty of a director of a Commonwealth statutory authority (defined as members of a governing body) to disclose material personal interest, or being present at a meeting when a director has a material personal interest in the matter being considered; or - where the CEO engages in paid employment outside the duties of their office without the approval of the Chair. Subclause 72(2) allows the appointment of the CEO to be terminated under section 30 of the PGPA Act (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

Clause 73 - Other terms and conditions This clause provides that the terms and conditions on which the CEO may hold office are to be determined by the Board, where not otherwise dealt with elsewhere in the Bill, as it is the Board that is responsible for appointing the CEO, in consultation with the Minister. Division 3 - Staff and consultants Clause 74: Staff Clause 74 enables Creative Australia to employ staff necessary for the performance of its functions and the exercise of its powers, under terms and conditions that Creative Australia determines and provides in writing. Clause 75: Consultants Clause 75 enables Creative Australia to engage contractors, such as consultants, to assist in the performance of its functions. This is intended to avoid doubt and is not intended to affect the operation of clause 12 (Powers), which expressly confers power on Creative Australia to enter into contracts. Part 8 - Reporting and finance Clause 76: Simplified outline of this Part Clause 76 makes clear that this provision is related to the annual report and financial matters. Clause 77: Annual report etc The Board must prepare and provide an annual report to the Minister under section 46 of the PGPA Act. Paragraph 77(1)(a) requires that the text of any Ministerial directions made or given under subclause 14 (1) during the year to which the annual report relates be included in the annual report. Creative Australia's annual report must also include the details of any guarantees given by Creative Australia during the year to which the report relates, as this assists in indicating the level of financial risk that Creative Australia may be subject to through the provision of guarantees (paragraph 77(1)(b)). Subclause 77(2) requires the Minister to table any report or financial statements that the Board of Creative Australia provides the Minister under paragraph 19(1)(b) of the PGPA Act in Parliament as soon as practicable.

Clause 78: Money payable to Creative Australia Subclause 78(1) makes it clear that money is appropriated by the Parliament for the purposes of Creative Australia. Subclause 78(2) enables the Finance Minister to give directions about the amount and timing of payments made to Creative Australia under this clause. Subclause 78(3) is intended to assist readers by making it clear that if a direction provided by the Finance Minister under subclause 78(2) is in writing, this would be administrative, not legislative in character, and therefore not a legislative instrument within the meaning of subsection 8(1) of the Legislative Instruments Act 2003. Clause 79: Application of money by Creative Australia Subclause 79 provides that the money Creative Australia receives, including all money that is appropriated to Creative Australia under clause 78 and other money, is to be applied only in payment or discharge of the direct or indirect costs, expenses and other obligations incurred or undertaken by Creative Australia in the performance of its functions and the exercise of its powers, and in payment of any remuneration or allowances payable under this Bill. The note in this subclause indicates that subclause 79(1) is subject to subclause 12(3) of the Bill regarding property held on trust by Creative Australia, or accepted by Creative Australia subject to a condition. Subclause 79(2) is intended to assist readers by making it clear that subclause 79(1) does not prevent investment of money that is not immediately required for the purposes of Creative Australia under section 59 of the PGPA Act and meets the relevant conditions prescribed in that section. Clause 80: Restrictions on financial transactions Subclause 80(1) provides that Creative Australia must not, without the written approval of the Minister: - acquire any property, right or privilege for a consideration exceeding in amount or value the amount mentioned in subsection (2); or - dispose of any property, right or privilege if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount mentioned in subclause (2); or - enter into a contract for the construction of a building for Creative Australia, being a contract under which Creative Australia is to pay an amount exceeding the amount prescribed in subclause (2); or - enter into a lease of land for a period exceeding 10 years. Subclause 80(2) provides the purposes of the paragraphs in, the amount mentioned in paragraphs (1)(a), (b), and (c) is either $5 million or any other amount prescribe by the rules. Subclause 80(3) clarifies that paragraphs 80(1)(a) and 80(1)(b) do not apply to transactions in the course of the exercise of Creative Australia's powers under paragraphs 12(2)(g) or 12(2)(h), that is, the provision of financial assistance or guarantees in the performance of Creative Australia's functions.

Creative Australia must not borrow money from any person (subclause 80(4)), but may as a corporate Commonwealth entity, obtain goods or services on credit in accordance with section 57 of the PGPA Act. Subclause 80(6) is intended to assist readers by making it clear that a written approval under subclause 80(1) is administrative, not legislative in character, and therefore not a legislative instrument within the meaning of section 5 of the Legislative Instruments Act 2003. Clause 81: Investment This clause refers to Creative Australia's power to invest money in the course of the direct performance of its functions under paragraph 12(2)(g). The note in this clause is intended to make it clear that Creative Australia's ability to invest under paragraph 12(2)(g) is only as a means of providing financial assistance. Creative Australia does not have a general power to make investments. This clause is intended to maintain Creative Australia's ability to invest, in line with its functions, for example, to support Australian arts practice that is recognised for excellence, through investment where appropriate. In order to assist readers, this clause also clarifies that Creative Australia may invest money that is not immediately required for the purposes of the entity as per section 59 of the PGPA Act. Clause 82: Taxation This clause confirms that as a Commonwealth statutory authority, Creative Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory. This is in line with the arrangements of other Commonwealth statutory authorities. However, the note accompanying this clause provides that despite clause 82, Creative Australia may be subject to taxation under certain laws, such as section 177-5 of the A New Tax System (Goods and Service Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986. Part 9 - Other Matters Clause 83: Simplified outline of this Part Clause 83 makes clear that this part deals with miscellaneous matters. Clause 84: Delegation by the Minister Subclause 84(1) confers power on the Minister to delegate in writing the Ministers powers under section 80 (dealing with restrictions on financial transactions) and section 86 (the making of rules) to the Secretary of the Department or a Senior Executive Service (SES) employee (or acting SES employee) in the Department. Two notes accompany this subclause, reminding readers that the expressions, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901, and that Act also contains provisions relating to delegations.

Subclause 84(2) provides that any delegate is required to comply with any written directions of the Minister in the exercise of any delegated power. The Minister may delegate the rule making power under clause 84 which clearly outlines the limits of this power to matters specifically required or permitted by the Bill or necessary for carrying out the Bill. This is a very targeted and limited range of powers that are capable of being delegated. Clause 85 Compensation for acquisition of property Subclause 85(1) provides that if the operation of the Bill would result in an acquisition of property from a person otherwise than on just terms (within the meaning of paragraph 51(xxxi) of the Constitution) the Commonwealth is liable to pay a reasonable amount of compensation to the person. Subitem 85(2) provides that if agreement cannot be reached on the amount of compensation, the person may take action in the Federal Court the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines. Clause 86: Rules Subclause 86(1) enables the Minister to make rules by legislative instrument prescribing matters required or permitted by the Bill to be prescribed, or matters necessary or convenient to be prescribed for carrying out or giving effect to the Bill. This clause enables rules to be made to set remuneration for the CEO (who is a principal executive office for the purposes of the Remuneration Tribunal Act 1973), Board members or Council members where a Remuneration Tribunal determination is not in operation. It also allows for prescribing a different financial transaction limit as provided for under subclause 80(2)(b). As a legislative instrument for the purposes of the Legislation Act 2003, any future rules made in reliance on this power must be tabled in both Houses of the Parliament within six (6) sitting days of the date of registration of the instrument on the Federal Register of Legislation. Once tabled, the Rules would will be subject to the same level of parliamentary scrutiny as regulations (including disallowance). Subclause 80(2) clarifies that the rules may not deal with any of the following: creating an offence or civil penalty; providing powers of arrest or detention or entry, search or seizure; imposing a tax; setting an amount to be appropriated from the Consolidated Revenue Fund or directly amending the text of the Act. These matters are better addressed through primary legislation or regulations.

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