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2002 – 2003 - 2004
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENATIVES
TOURISM AUSTRALIA BILL
2004
EXPLANATORY MEMORANDUM
(Circulated by authority
of the Minister for Small Business and Tourism,
The Hon Joe Hockey
MP)
TOURISM AUSTRALIA BILL 2004
GENERAL
OUTLINE
Over the last decade, tourism has
become a global industry. In response, nations are recognising the potential
economic contribution tourism offers, and are becoming increasingly competitive
with each other. As international competition intensifies, it is important that
Australia maintains and enhances its competitive market
position.
Over the past few years, the
Australian tourism industry has endured the adverse impacts of a series of
international events. These events exposed weaknesses in our capacity to
maintain sustained tourism growth and respond quickly and effectively to major
incidents. In recognition of the importance of tourism to the Australian
economy and society, and the need to ensure that tourism continues to provide a
positive contribution to the Australian economy, the Australian Government
developed a medium to long term strategy for tourism.
In May 2002
the Australian Government released The 10 Year Plan for Tourism: A Discussion
Paper canvassing industry and community views on issues facing the growth of
tourism in Australia. This led to the development of the Medium to Long Term
Strategy for Tourism Green Paper, which was released in June 2003, and
finally the Medium to Long Term Strategy for Tourism: A Tourism White
Paper, developed following extensive consultation with industry, and
launched in November 2003.
The Tourism White Paper provides the basis
for structural reform of key tourism agencies, and will provide a platform to
maximise the Australian Government’s investment in tourism. The creation
of Tourism Australia, an amalgamation of the Australian Tourist Commission, See
Australia, the Bureau of Tourism Research and the Tourism Forecasting Council,
is a key plank of the structural reform agenda. A new unit, Tourism Events
Australia, will be established within Tourism Australia.
Tourism
Australia will provide a new, revitalised marketing effort based on enhanced
tourism research. Tourism Australia will also help develop high yield markets
and regional tourism. Tourism Australia will harness the skills and knowledge
of complementary organisations in undertaking this role.
The purpose of
the Tourism Australia Bill 2004 is to establish Tourism Australia, a body
which is responsible for international and domestic tourism marketing and
tourism research. The Tourism Australia Bill 2004 will provide a new
legislative base for the four existing organisations merging to form Tourism
Australia.
The Australian Tourist Commission has been responsible for
promoting Australia overseas since 1967, and has been instrumental in doubling
Australia’s international visitors since the early 1990s. Tourism
Australia will expand on this role, and will have a broader range of
responsibilities, including support for marketing and market development, for
both international and domestic tourism, promotion and facilitation of events,
and key research functions.
The principal objects of Tourism Australia, as
set out in the Tourism Australia Bill 2004 are:
(a) to influence
people to travel to Australia, including for events;
(b) to influence
people travelling to Australia to also travel throughout Australia;
(c) to
influence Australians to travel throughout Australia, including for events;
(d) to help foster a sustainable tourism industry in Australia;
and
(e) to help increase the economic benefits to Australia from tourism.
Tourism Australia will be a statutory authority under the
Commonwealth Authorities and Companies Act 1997 (CAC Act).
The
Tourism Australia Bill 2004 will allow the Minister to appoint a Board of
Directors of Tourism Australia, consisting of a Chair, a Deputy Chair, a
government member, the Managing Director and four other members. Appointments
to the Board will be made on the basis of particular skills. Board Members will
be part-time.
The Board of Tourism Australia will provide direction and
set policy for this new organisation. The Board of Tourism Australia will
liaise with State and Territory Tourism Organisations and industry in performing
its functions.
The Board of Tourism Australia will appoint a Managing
Director.
The Board of Tourism Australia may establish advisory panels,
which will consist of industry representatives, including tourism, and other
relevant stakeholders. The panels are intended to advise Tourism Australia on
key issues such as international and domestic tourism, events, research and any
other matters as determined by the Board of Tourism Australia.
The Board
of Tourism Australia will be required to give the Minister a three year
corporate plan by 1 May every financial year. Similarly, the Board will be
required to provide the Minister with an annual operational plan.
Tourism
Australia is required to produce an annual report consistent with its
obligations under the CAC Act. The annual report will also include reporting on
additional matters, such as an assessment against the performance indicators set
out in the corporate plan, and details of significant activities that Tourism
Australia has undertaken in cooperation with, for example, State and Territory
Tourism Organisations or the tourism industry.
The Board will employ staff on behalf of
Tourism Australia, on terms and conditions that the Board determines by virtue
of a power in the legislation. This will allow maximum employment flexibility
and efficiency in employment arrangements to reflect Tourism Australia’s
increased commercial focus.
FINANCIAL IMPACT
STATEMENT
The establishment of Tourism Australia will require no
additional funding under the Tourism Australia Bill 2004. Funding for
Tourism Australia will comprise of existing funding previously allocated for the
four bodies merging to form Tourism Australia, and the bulk of the $235 million
in additional funding allocated as part of the Tourism White Paper package.
NOTES ON CLAUSES
Part 1 – Preliminary
Clause 1: Short title
1. Clause 1 provides for the Act
to be cited as the Tourism Australia Act 2004.
Clause 2:
Commencement
2. Clause 2 specifies the dates of commencement of the
various provisions in the Act. These are listed in the table. It is proposed
that all provisions of the Act relating to the establishment and operation of
Tourism Australia commence on a day to be fixed by proclamation. If any of
these provisions do not commence within six months of the Act receiving Royal
Assent, they commence the day after the end of that period.
Clause 3:
Definitions
3. Clause 3 defines the meaning of particular terms used
in the Act.
Clause 4: Extended geographical application of this
Act
4. The Tourism Australia Bill 2004 will apply to all
external territories of Australia, including Norfolk Island. The Tourism
Australia Bill 2004 will apply both within and outside of Australia.
Tourism Australia will operate overseas, and have a presence in key overseas
markets.
Part 2 – Tourism Australia
Clause 5:
Establishment
5. Tourism Australia is established by clause 5 (1).
6. Tourism Australia will be a body corporate, with perpetual
succession. It will also have a corporate seal, will be able to acquire, hold
and dispose of property and to sue and be sued in its corporate name (clause 5
(2)).
7. The CAC Act, which deals with matters relating to Commonwealth
authorities, including reporting and accountability, banking and investment and
conduct of officers, applies to Tourism Australia.
8. Tourism
Australia’s seal is to be kept in safe custody and must not be used except
as authorised by Tourism Australia (clause 5 (3)).
9. All courts, judges
and other persons acting in a judicial capacity will be required to take
judicial notice of the imprint of Tourism Australia’s seal on a document
and presume that the imprint was duly affixed (clause 5
(4)).
Clause 6: Objects
10. Clause 6 lists the
fundamental objects of Tourism Australia. These objects aim to maximise the
benefits of tourism to the Australian society, economy and environment and
maximise the Australian Government’s investment in tourism marketing and
promotion. These objects also recognise Tourism Australia’s overarching
role in converting the desire to travel to, and throughout Australia, into
action.
11. In influencing the international and domestic travel
market, Tourism Australia will strategically market Australia as a quality
destination. It will leverage international and domestic promotion of Australia
through strategic partnerships with State and Territory Tourism Organisations
and industry, ensuring that a consistent message is communicated to
Australia’s key markets. Tourism Australia will develop strategies to
promote growth in the domestic tourism industry and encourage regional dispersal
of international and domestic visitors to regional Australia.
12. Tourism
Australia will encourage travel by international and domestic visitors for
events. The types of events may include major events, such as international
sporting events and business events. Tourism Australia will facilitate the
attraction of events in cooperation with State and Territory Governments.
Tourism Australia will work cooperatively with State and Territory Governments
and event agencies, it will not compete with these organisations. In
undertaking this role, Tourism Australia will provide a strategic overview for
sourcing events, taking into account timing, location, type and yield, assist
industry to develop the business events market, and seek opportunities for the
creation and development of new events. Tourism Australia will create a new
unit, Tourism Events Australia, to undertake these activities.
13. Tourism Australia will have a role in ensuring tourism grows in a
way which impacts positively on communities, regional areas, and the
environment. Tourism Australia, in conjunction with other Australian Government
agencies, States and Territories and local governments, will facilitate the
development of environmentally sustainable tourism and an Indigenous tourism
sector that can meet consumer demand. Tourism Australia will, in conjunction
with State and Territory Tourism Organisations, promote and facilitate the
development of products and services that offer tourists uniquely Australian
experiences of such quality and value that they will want to re-experience them
and encourage family and friends to do so.
14. In helping to achieve a
sustainable Australian tourism industry, Tourism Australia will also conduct an
expanded range of research and analysis tailored to meet government and market
needs. Tourism Australia will focus resources on analysing and disseminating
trends in global and domestic tourism to assist with strategic planning,
including for regional tourism.
15. Tourism Australia will help
increase the economic benefits to Australia from tourism. Tourism Australia
will develop marketing and promotional strategies that will attract visitors,
including those from high yielding niche markets, which will maximise the return
on investment by the Australian Government through Tourism Australia to the
Australian economy. In achieving this, Tourism Australia, in conjunction with
State and Territory Tourism Organisations, will promote the development of high
quality tourism products and services that enhance Australia’s ability to
attract high yield visitors.
Clause 7:
Functions
16. Clause 7 (1) sets out Tourism Australia’s
functions. Tourism Australia’s functions are:
(a) to increase
the awareness of potential international travellers of Australia as a
destination. Travellers include, but are not limited to, people travelling for
business and events, students, leisure purposes and visiting friends and
relatives. This may be through such means as developing marketing and
promotional strategies that position Australia as a market leader in quality
and value, raising awareness of Australia’s unique attributes, and
strategically marketing Australia to key international markets. Tourism
Australia may also work with the international travel industry to increase
awareness of Australia overseas or through any other means as Tourism
Australia considers necessary;
(b) to increase the awareness of
potential domestic travellers of Australia as a place to travel. Domestic
tourism is vitally important to the Australian tourism industry and of
particular importance for the growth and prosperity of regional Australia. In
encouraging domestic travel and travel to regional Australia, Tourism Australia
may develop and implement strategies such as, generic marketing campaigns
advocating the benefits of holidays and holidaying in Australia, and
distribution strategies to increase the awareness of Australia’s unique
attributes. This may be achieved in partnership with State and Territory
Tourism Organisations, and the domestic travel industry, or through any other
means as Tourism Australia considers necessary;
(c) to increase the
knowledge of potential travellers, both international and domestic, of
Australia. This may include, but is not limited to, Tourism Australia
communicating the range of experiences, products and services that are
available in Australia, including the development of distribution strategies
that make it easier for international and domestic visitors to find information
about holidaying in Australia;
(d) to increase the desire of potential
travellers to travel to Australia. This may be achieved through activities
such as strengthening the Australia brand and promoting the unique attributes
of Australia as a high quality destination, and providing a unifying theme or
themes under which the Australian tourism industry and State and Territory
Tourism Organisations can use to promote their products or services. This may
also be achieved through ensuring access to information through Tourism
Australia’s communication interfaces, such as the Internet, that provide
potential visitors with easy access to a broad range of information about
travel to, and within Australia. These activities will assist to differentiate
Australia positively from competitor destinations;
(e) to increase the
desire of potential travellers, both international and domestic, to travel
throughout Australia. Many regional areas of Australia have a growing reliance
on tourism for generating business activity and jobs, especially in the small
to medium sized business sector. Tourism contributes to the long term
sustainability of communities in regional areas. In increasing visitor desire
to travel within Australia, Tourism Australia may undertake, but is not limited
to, such activities as the marketing and promotion of regional Australia in
conjunction with State and Territory Tourism Organisations and Regional Tourism
Organisations. Tourism Australia may also develop strategies to encourage
greater regional dispersal of tourists entering Australia through major urban
gateways. Tourism Australia will also educate regional Australia on the value
of tourism;
(f) to conduct research into, and analysis of,
international and domestic travel. Tourism Australia, through communication
and cooperation, will develop research that aims to address the key information
requirements of industry and governments, to provide timely research products
for informed decision making and underpin strategic business planning,
including new product development, and also assist in public policy planning.
Tourism Australia will also help industry develop yield maximisation strategies
and niche markets through the provision of appropriate data and research;
(g) to report on trends in international and domestic travel. To
assist industry and governments, Tourism Australia will produce regular
information on international and domestic tourism trends, and actively work to
communicate and disseminate relevant information and products to industry,
Australian Government agencies, State and Territory Tourism Organisations,
Regional Tourism Organisations and local governments. These trends may include
visitor numbers, visitor forecasts by market and any other forecasts of
interest to governments and industry. Tourism Australia, through Tourism
Research Australia, will establish a regional statistical advisory
service;
(h) to communicate effectively with the Australian tourism
industry on issues that may affect it. Tourism Australia will establish
channels of communication with the tourism industry. This may include, but is
not limited to, the establishment of advisory panels, appointed by the Board,
communication through peak tourism industry associations, Tourism
Australia’s corporate websites, electronic and other forms of newsletters
and updates, seminars and market briefings, and any other forms of
communication that Tourism Australia considers necessary; and
(i) to
increase awareness throughout Australia of the contribution of tourism to
Australia’s economy, society and environment. Tourism Australia, through
communication with the broader Australian community, will promote the message
that tourism is an integral part of Australia’s society, economy and
environment. Governments and the broader community will have a greater
understanding of the positive impact of tourism.
17. Tourism Australia
must be sensitive to the needs of the Australian tourism industry, including
understanding the environment in which the industry operates, and the issues and
concerns of industry. Tourism Australia will, where possible, develop
strategies and marketing and promotional activities that promote the interests
of the Australian tourism industry.
18. Tourism Australia will
contribute to policy advice impacting on tourism, however its primary role will
be tourism marketing and promotion. The Australian Government is responsible
for developing and implementing policy initiatives that impact on tourism. This
includes, but is not limited to, policy relating to visas and passenger
processing, transport and security, taxation and industry assistance, education
and training, industry standards and regulations and the environment. Tourism
Australia must ensure that it undertakes its functions with consideration, and
under the policy parameters, set by the Australian Government on these and other
issues. To achieve this, Tourism Australia will work closely with the
Australian Government agency that has carriage of tourism policy development
(clause 7 (2)).
19. Tourism Australia will continue to develop and
strengthen relationships with the tourism industry, including through advisory
panels (as outlined in clause 28)), cooperative marketing activities in key
international and domestic markets, and research and analysis (clause 7
(3a)).
20. Tourism Australia will work in cooperation with State and
Territory Tourism Organisations to market and promote Australia both
internationally and domestically. In encouraging Australians to travel within
Australia, particularly to regional areas, Tourism Australia, in cooperation
with State and Territory Governments, will support Regional Tourism
Organisations in the marketing and development of regional areas. Tourism
Australia will also work with other relevant Australian Government agencies to
ensure a unified and coherent approach to marketing Australia overseas. Where
opportunities present themselves, Tourism Australia will also work cooperatively
with foreign governments, through, for example, the development of joint
marketing projects and other initiatives. This could be, for example,
leveraging of events held in the region to draw tourists to Australia (clause 7
(3b)).
21. Tourism Australia may perform its functions to the extent
only that they are not in excess of the functions that may be conferred on it by
virtue of any legislative powers of the Parliament, and in particular, may
perform its functions outlined in accordance with the matters listed in
subparagraphs (a) to (o) of clause 7 (4).
Clause 8:
Powers
22. Subject to Clause 3, this clause provides that
Tourism Australia will have the power to do all things necessary or
convenient to be done for, or in connection with, the performance of its
functions (clause 8 (1)).
23. These powers will enable Tourism
Australia to engage in a variety of activities.
24. Tourism Australia
will enter into cooperative arrangements with State and Territory Governments,
industry or any other type of organisation. These arrangements may include
marketing, planning or promotion.
25. Tourism Australia has the capacity
to obtain sponsorship to promote Australia as a destination to overseas visitors
as well as Australian residents. This capacity will result in significantly
enhancing its funding base.
26. Tourism Australia will develop and, if
appropriate, sell tourism related products and services, such as research and
statistics.
27. Tourism Australia will also have the capacity to provide
financial assistance to projects or organisations that are engaged in activities
which further the achievement of Tourism Australia’s
objects.
28. Tourism Australia will have the capacity to establish
offices, including overseas offices in key markets; to acquire, hold and dispose
of real and personal property; to lease the whole or any part of any land or
building; and to occupy, use and control any land or
building.
29. Tourism Australia will be able to accept gifts, grants,
bequests and devises made to it; to act as trustee of money and other property
vested in it on trust; and to appoint agents and attorneys, and act as an agent
for other persons;
30. Tourism Australia will also have the capacity to
do anything incidental to any of its powers.
31. Clause 8 (3) provides
that Tourism Australia will not undertake the activities of a travel agent.
These activities include directly selling or arranging trips or tours for
financial gain, including transport and accommodation for tourists or
organisations acting on tourists’ behalf. Travel agent activities can be
interpreted to include selling travel, hiring vehicles for travel, organising or
selling accommodation or the making of incidental arrangements such as
organising travellers’ cheques. Tourism Australia will not have a licence
to undertake these activities, nor will it be able to accept payment in return
for undertaking these activities.
Part 3 - The Board of Directors of
Tourism Australia
Division 1 – The
Board
Clause 9: Establishment
32. Clause 9 establishes
the Board of Directors of Tourism Australia (the Board).
Clause 10:
Functions
33. Clause 10 gives the Board the function of ensuring the
proper and efficient performance of the functions of Tourism Australia. The
Board also has the capacity to determine what Tourism Australia’s policy
may be in relation to any matter. This may include policy on issues in the
international or domestic environment that impact on tourism within Australia,
or on any other matters that impact on tourism.
Clause 11:
Powers
34. Clause 11 gives the Board the power to do all things
necessary or convenient to ensure Tourism Australia can perform its
functions.
Clause 12: Membership
35. Clause 12 provides
that the Board will consist of eight members. These are a Chair, Deputy Chair,
a government member, the Managing Director and four other members. The
qualifications required by the members of the Board of Tourism Australia are
outlined in clause 14.
Clause 13: Appointing
members
36. Clause 13 provides that the appointment of all members of
the Board (with the exception of the Managing Director) are to be made by the
Minister by written instrument (clause 13 (1)), and will not be made invalid by
a defect or irregularity in connection with the appointment (clause 13
(2)).
Clause 14: Qualifications for
appointment
37. Appointments to the Board will be on a skills basis.
Clause 14 provides that a person is not to be appointed to the Board unless he
or she appears to the Minister to be qualified for appointment because of his or
her knowledge of, or experience in, one or more of the following areas:
(a) international tourism, which may include, but is not limited
to, strategies for expanding growth and market share in Australia’s key
international markets, distribution systems, the development of niche markets,
and knowledge of Australia’s tourism export industry;
(b)
domestic tourism, which may include, but is not limited to, distribution
systems, generic and cooperative marketing strategies, sponsorship, State and
Territory Tourism Organisations, regional tourism issues and regional
Australia, and niche markets;
(c) corporate governance, which may
include, but is not limited to, the requirements of the CAC Act and its
implications for Tourism Australia’s operations and general corporate
governance issues that arise in the private sector;
(d) financial
management, which may include, but is not limited to, financial decision making
in the public and private sector, and sound financial practices, including
accountability and auditing;
(e) marketing and promotion, which may
include, but is not limited to, knowledge on the development of strategic
marketing strategies, branding and generic marketing, tactical and cooperative
marketing, sponsorship and commercial relationships, partnerships and joint
ventures and media partnerships;
(f) business, which may include, but
is not limited to, the Australian tourism industry and the business environment
in which it operates, business acumen and business operations, operations and
issues associated with small, medium and large business and issues facing
business in sectors of the tourism industry, including Indigenous tourism,
hospitality and business tourism. Skills also include expertise in risk
management, planning, strategic management and the application of innovation in
business;
(g) investment strategies, which may include, but is not
limited to, the foreign investment climate in Australia, attracting investment
and the Australian investment environment for a range of tourism infrastructure
including accommodation and transport, and the types of research and analysis
required to encourage investment in the Australian tourism
industry;
(h) infrastructure in Australia that supports tourism,
including events. That may include, but is not limited to, accommodation
infrastructure, such as hotels, camping and caravan parks; transport
infrastructure such as roads, rail, airports and sea ports; infrastructure that
supports events, such as stadiums and convention centres; tourism attractions;
and distribution systems such as the Internet, wholesalers, and the domestic
and international travel agent industry;
(i) transport networks, which
may include, but is not limited to, roads, rail, sea and aviation networks,
including the international, domestic and regional aviation environments,
issues influencing bilateral and multilateral aviation negotiations, and the
inter-dependence of transport networks to, from and within Australia, and their
effects on international and domestic visitor dispersal throughout
Australia;
(j ) economic analysis, which may include, but is not
limited to, Australia’s economic environment, the global economic
environment and its impacts on tourism to, from and within Australia, economic
knowledge and expertise in key international tourism markets to and from
Australia and expertise in tourism research and analysis;
(k) current
and emerging technologies, which may include, but is not limited to, tourism
information advancements, and the impacts these technologies have on
distribution channels in tourism, including the Internet, and market specific
knowledge on the use of technology by consumers;
(l) regional
development, which may include, but is not limited to, the role of tourism as a
driver of economic, social and environmental growth, and sustainability in
regional Australia. Knowledge or expertise of regional development may also
include the capacity to develop strategies to increase regional
communities’ awareness of the value of tourism, the role of integrated
marketing for regional areas, transport access and research requirements;
and
(m) environmental management, which may include, but is not limited
to, an understanding of the role tourism plays in the conservation of the
natural environment, heritage sites and Indigenous culture through the
education of international and domestic visitors to Australia, the development
of ecologically sustainable tourism and tourism businesses, tourism access
issues in parks and protected areas, and strategies to increase the involvement
and recognition of tourism’s role in conservation.
38. Clause 14
(2, 3) provides that the government member of the Board will be appointed or
engaged under the Public Service Act 1999 and that this member must have
expertise in the formulation of government policy and public administration.
Clause 15: Term and basis of appointment
39. A member of
the Board will be appointed for a period of up to 3 years (other than the
government member) specified in the instrument of appointment (clause 13). As a
result of subsection 33(4A) of the Acts Interpretation Act 1901 (which
provides that in any Act ‘appoint’ includes
‘re-appoint’) a member will be able to be re-appointed for further
periods of up to 3 years (clause 15 (1)).
40. The government member of
the Board will be appointed for the period specified in the instrument of
appointment (clause 15 (2)).
41. All members will hold office on a part
time basis (clause 15 (3)).
Clause 16: Acting appointments
42. The Deputy Chair, or the Acting Deputy Chair, will act as the
Chair during a vacancy in the office of Chair or during any period, or during
all periods, when the Chair is absent from duty or from Australia or is, for any
reason, unable to perform the duties of the office (clause 16 (1)) and section
33A of the Acts Interpretation Act 1901).
43. The Minister will be
empowered to appoint a member to act as the Deputy Chair during a vacancy in the
office of Deputy Chair or during any period, or during all periods, when the
Deputy Chair is acting as the Chair, is absent from duty or from Australia or
is, for any reason, unable to perform the duties of the office (clause 16
(2)).
44. The Minister will be empowered to appoint a person to act as a
member (other than as Chair or Deputy Chair) during a vacancy in the office of a
member or during any period, or during all periods, when a member is acting as
the Deputy Chair, is absent from duty or from Australia or is, for any reason,
unable to perform the duties of the office (clause 16 (3)).
45. A defect
or irregularity in connection with a person’s appointment to act under
clause 16 will not invalidate anything done by the person when purporting to act
under this clause, nor will it invalidate that person’s appointment
(clause 16 (4)).
46. Section 33A of the Acts Interpretation Act
1901 contains further provisions dealing with acting appointments which are
relevant to acting appointments made under clause 16. The effect of these
provisions is that:
(a) an acting appointment may be expressed to have
effect only in the circumstances specified in the instrument of
appointment;
(b) the appointer may determine the terms and conditions of
the appointment, including remuneration and allowances and terminate the
appointment at any time;
(c) where the appointment is to act in a
vacant office, the appointee must not continue to act in the office for more
than 12 months;
(d) where the appointee is acting in an office other
than a vacant office and the office becomes vacant while the appointee is
acting then, unless his or her instrument of appointment provides otherwise,
the appointee may continue to act until the appointer otherwise directs, the
vacancy is filled or a period of 12 months from the day the vacancy ends,
whichever happens first;
(e) the appointment ceases to have effect if
the appointee resigns in writing directed to the appointer;
and
(f) while the appointee is acting in the office, he or she has and
may exercise all the powers, and is to perform all the functions and duties, of
the holder of the office and the Tourism Australia Bill 2004 and any
other legislation will apply in relation to the appointee as if the appointee
were the holder of the office.
Clause 17: Members’ remuneration
and allowances
47. A member of the Board will be paid remuneration
that is determined by the Remuneration Tribunal. If no determination of that
remuneration is in operation, the member is to be paid such remuneration as is
prescribed by the Remuneration Tribunal Act 1973 (clause 17
(1)).
48. Where not provided for by a Remuneration Tribunal
determination, any allowances for Board members will be prescribed by
Regulations as set by the Remuneration Tribunal Act 1973 (clause 17 (2)).
49. Clause 17 has effect subject to the Remuneration Tribunal Act
1973. That is, remuneration determined or prescribed under the Tourism
Australia Bill 2004 conflicts with a determination by the Remuneration
Tribunal, the determination applies (clause 17 (3)).
Clause 18: Leave
of absence
50. The Minister may grant the Chair of the Board leave of
absence, on such terms and conditions as to remuneration or otherwise as the
Minister determines in writing (clause 18 (1)).
51. The Chair of the
Board may grant leave of absence to other members of the Board, on such terms
and conditions as to remuneration or otherwise as the Chair determines in
writing (clause 18 (2)).
Clause 19: Resignation
52. A Board
member may resign by way of a signed document sent to the Minister (clause 19).
Clause 20: Termination of appointment
53. The Minister
will have the discretion to terminate the appointment (in writing) of the
government member of the Board at any time (clause 20 (1)).
54. The
Minister will have the discretion to terminate the appointment of a Board member
(other than the government member) on the grounds of misbehaviour or physical or
mental incapacity (clause 20 (2).
55. Clause 20 (3) gives the Minister
the discretion to terminate the appointment of a Board member (other than the
government member) if:
(a) the Board member becomes bankrupt, applies
for relief from bankruptcy, enters into an arrangement with creditors regarding
the payment of his or her debts or assigns all or part of his or her
remuneration for the benefit of creditors; or
(b) the Board member is
absent from 3 consecutive meetings, except on leave of absence as provided for
under clause 18; or
(c) the Board member fails, without reasonable
excuse, to comply with the subdivision B of Division 4 of Part 3 of the CAC
Act.
Clause 21: Other terms and conditions
56. Clause 21
enables the Minister to determine in writing any other terms and conditions of
appointment of Board members not specified elsewhere in the Act.
Division 2 - Board Procedures
Clause 22: Convening
meetings
57. The Board is to hold such meetings as are necessary for
the efficient performance of its functions (clause 22 (1)).
58. Meetings
are to be held at such times and places as the Board determines (clause 22 (2)).
59. This rule is subject to the following qualifications:
(a)
the Chair may call a meeting at any time (clause 22 (3a)); and
(b) the
Chair must call a meeting if requested to do so in writing by at least 3
members (clause 22 (3b)).
60. The Minister may, at any time, convene a
meeting of the Board (clause 22 (4)).
61. It is also open to the Board to
permit its members to participate in a meeting, or all meetings, of the Board by
telephone, closed-circuit television or any other means of communication. A
member who participates in a meeting under such permission is taken to be
present at the meeting (see section 33B of the Acts Interpretation Act
1901).
Clause 23: Presiding at meetings
62. The Chair
of the Board is to preside at all meetings at which he or she is present (clause
23 (1)). In the absence of the Chair, the Deputy Chair is to preside (clause 23
(2)). In the absence of both the Chair and the Deputy Chair, the members
present are to appoint one of their numbers to preside (other than the Managing
Director or the government member) (clause 23 (3)).
Clause 24:
Quorum
63. 5 members of the Board will constitute a quorum at a Board
meeting (clause 24 (1)), unless conditions exist as specified in clause 24
(2).
64. Under section 27J of the CAC Act a member of the Board who has an
interest in a matter before the Board may give the other members standing notice
of the nature and extent of the interest in the matter in accordance with
subsection (2) of 27J of the CAC Act. The notice may be given at any time and
whether or not the matter relates to the affairs of the authority at the time
the notice is given.
Clause 25: Voting at
meetings
65. Questions at meetings of the Board will be decided by a
majority of the votes of the Board members present and voting (clause 25 (1)).
66. The person presiding at a Board meeting will have a deliberative
vote and, if necessary, also a casting vote, that is, the deciding vote when the
votes on each side are equal (clause 25 (2)).
Clause 26:
Resolutions
67. Clause 26 (1) will allow the Board to resolve a
matter, or a range of matters, without holding a Board meeting. A resolution in
relation to the matter or matters is taken to have been passed, without a
meeting, if all members entitled to vote sign a document containing a statement
that they are in favour of the resolution set out in the
document.
68. Board members may sign separate copies of the document used
to pass the resolution if the wording on all documents is identical (clause 26
(2)).
69. The resolution is deemed to be passed when the last member
signs the document (clause 26 (3)).
Clause 27: Other procedural
matters
70. Clause 27 (1a) provides that the Board may regulate the
conduct of its meetings as it sees fit.
71. Clause 27 (2a) provides that
minutes of meetings of the Board must be kept. Clause 27 (2b) provides that the
Board must also record resolutions, in accordance with the provisions outlined
in Clause 26.
Division 3 - Advisory Panels
Clause 28:
Advisory Panels
72. Clause 28 (1) provides that to facilitate
consultation with industry, the Board may establish advisory panels to assist it
in performing any of its functions. This may include, but is not limited to,
advisory panels on international tourism, domestic tourism, events and research.
Advisory panels must be established in writing. The Board may revoke or vary
the instruments establishing panels under section 33 (3) of the Acts
Interpretation Act 1901. This will ensure that the Board’s ultimate
responsibility for the functioning of Tourism Australia is not diluted in any
way.
73. Clause 28 (2) provides that advisory panels will consist of
such persons that the Board sees fit to appoint. This may include, but is not
limited to, the appointment of persons with knowledge and expertise in
international and domestic tourism, marketing and promotion, events, and
research and analysis or any other aspect of tourism that the Board may instruct
advisory panels to consider. These persons may be from the tourism industry,
the broader industry, academia, State and Territory Governments, including
Tourism Organisations, and Australian Government agencies. Appointment of
persons to advisory panels must be made by the Board in writing.
The
Board may revoke or vary the instruments appointing panel members under section
33 (3) of the Acts Interpretation Act 1901.
74. Clause 28 (3)
provides that the office of advisory panel member is not a public office under
the meaning of the Remuneration Tribunal Act 1973. As such, Advisory Panel
members will not be paid remuneration, and will participate in Advisory Panels
on a voluntary basis (clause 28 (3)).
Clause 29: Procedures of
advisory panels etc
75. Clause 29 provides each advisory panel may
determine the way in which it is to carry out its tasks (which are determined by
the Board). This includes the times, frequency and places of meetings. If a
panel is expected to be set up for a period of at least 12 months, then it would
be expected to meet at least 3 times per year.
Clause 30: Disclosure
of interests at meetings
76. This clause provides that panel members
disclose any financial or business interests in matters for consideration by
advisory panels (clause 30 (1)), and that these interests be recorded in the
minutes kept by the panel (clause 30 (2)). If a panel member fails to disclose
interests in matters for consideration by the panel (without reasonable excuse)
the Board must terminate the appointment of that member (clause 30
(3)).
Clause 31: Resignation
77. Clause 31 provides that a
member of an advisory panel who wishes to resign must notify the Board in
writing.
Clause 32: Other terms and conditions
78. Clause
32 enables the Board to determine, in writing, any other terms and conditions of
appointment of panel advisory members not specified elsewhere in the Act. The
Board must advise the Minister, in writing, of any others terms and conditions
of appointment in writing. These terms and conditions will not come into effect
until written approval has been granted by the Minister.
Part 4 -
Corporate planning and accountability
Division 1 – Corporate
plan and annual operational plan
Clause 33: Corporate
Plan
79. The Board will be required to prepare a corporate plan for
Tourism Australia by 1 May each financial year or, at a later date in a
particular financial year, as allowed by the Minister (clause 33 (1)).
80. The first corporate plan must be completed as soon as possible after
the commencement of this section (clause 33 (2)).
81. The plan will be
required to cover a period of three financial years (clause 33
(3)).
82. In developing a corporate plan, Tourism Australia must consult
with State and Territory Tourism Organisations (clause 33 (4a)) and any other
such bodies concerned with tourism that the Board considers appropriate (clause
33 (4b)). The Board must also consult with anyone else that the Minister has
specified in writing (clause 33 (4c)).
83. The Board is allowed to
revise the corporate plan at any other time, as long as it adheres to the
principles set out in this Division when revising the corporate plan (clause 33
(5, 6)).
Clause 34: Matters to be covered by the
plan
84. The plan will be required to include, but is not limited to,
details of Tourism Australia’s objectives that it intends to pursue, the
strategies and policies that are to be followed by Tourism Australia in order to
achieve its objectives, an assessment on the outlook for the Australian tourism
industry and indicators to assess Tourism Australia’s performance of its
functions (clause 35).
Clause 35: Minister’s response to
corporate plan
85. The Board will be required to seek approval for
each corporate plan from the Minister (clause 35 (1)). The Minister may request
that the corporate plan be given to the Minister by a time, and in a manner
specified in writing by the Minister. The Board must comply with this request
(clause 35 (2)).
86. The Minister can notify the Board, in writing, of
his or her approval of the corporate plan (clause 35 (3a)). The Minister can
request the Board to make changes to the corporate plan (clause 35
(3b)).
87. The Board must comply with any written requests from the
Minister to revise the corporate plan (clause 35 (4a)) and provide the revised
plan to the Minister for his or her approval (clause 35 (4b)).
88. The
corporate plan comes into force once the Board has been notified in writing of
the Minister’s approval (clause 35 (5)).
Clause 36: Annual
operational plan
89. When developing, or revising a
corporate plan, the Board must also develop an annual operational plan for the
first financial year related to the corporate plan. This annual operational
plan requires approval from the Minister (clause 36 (1)).
90. The
Minister may request that the annual operational plan be given to the Minister
by a time, and in a manner specified in writing by the Minister. The Board must
comply with this request (clause 36 (2)).
91. The annual operational plan
for the financial year must contain an estimate of Tourism Australia receipts
and expenditure for the forward financial year (clause 36 (3a)). The annual
operational plan must also specify the programs that Tourism Australia will
carry out, and the resources that will be allocated to each of these programs
(clause 36 (3b)).
92. The Board is allowed to revise the annual
operational plan at any time (clause 36 (4)), but must give a revised plan to
the Minister for his or her approval (clause 36 (5)). Clause 36 applies to a
revised annual operational plan in the same way it applies for the annual
operational plan (clause 36 (6)).
Clause 37: Minister’s
response to annual operational plan
93. The Board will be required to
seek approval for each annual operational plan from the Minister. The Minister
can notify the Board, in writing, of his or her approval of the annual
operational plan, unless the Minister considers that the plan is inconsistent
with the corporate plan (clause 37 (1)). The Minister can request, in writing,
the Board to make changes to the annual operational plan if he or she considers
it inconsistent with the corporate plan (clause 37 (2)).
94. The Board
must comply with this request if reasons for revision of the annual operational
plan are provided, and seek approval for the revised plan from the Minister
(clause 37 (3)).
95. The annual operational plan comes into force once
the Board has been notified in writing of the Minister’s approval (clause
37 (4)).
Clause 38: Board to comply with corporate and annual
operational plans
96. Clause 38 requires that the Board ensure, so
far as practicable, that Tourism Australia’s operations give effect and
are consistent with the corporate plan and the applicable operational plans, and
meet the objectives of Tourism Australia.
Division 2 -
Accountability
Clause 39: Annual report
97. The Board,
under its reporting obligations under section 9 of the CAC Act must:
(1a) prepare an annual report in accordance with Schedule 1 of the CAC
Act for each financial year;
(1b) give it to the responsible Minister
by the deadline for the financial year;
(2) the responsible Minister
may grant an extension of time in special circumstances; and
(3) the
responsible Minister must table the report in each House of the Parliament as
soon as practicable.
98. Clause 39 specifics additional matters to be
included in the annual report, including:
(a) an assessment against the
performance indicators set out in the corporate plan indicating to what extent
the operations of Tourism Australia have achieved the objectives outlined in
the corporate plan;
(b) an assessment of the extent to which the
operations of Tourism Australia have implemented each annual operational plan
applicable to the period; and
(c) details of significant activities
undertaken jointly during the period, which may include but are not limited to,
cooperative marketing efforts with State and Territory Tourism Organisations
and joint activities in major overseas tourism markets with industry partners;
any significant capital works program undertaken; significant acquisitions and
disposals of real property; and variations to the corporate plan and to the
operational plan agreed to by the Minister.
Clause 40: Ministerial
direction
99. Under clause 40, the Minister is able to give the Board
written directions in relation to the performance of the functions and powers of
Tourism Australia (clause 40 (1)).
100. Under clause 40 (2)) the
Minister cannot give a direction to the Board unless he or
she:
(a) notifies the Board, in writing that he or she is considering
giving the direction;
(b) provides adequate opportunity for the Chair
to discuss, with the Minister, the need for the proposed direction;
and
(c) is satisfied that, because of exceptional circumstances, it is
necessary to give the direction to the Board to ensure that the performance of
the functions, or the exercise of the powers, of Tourism Australia does not
conflict with government policies (clause 40 (2)).
101. Under clause 40
(3) the Board is required to comply with directions issued under the
requirements of clause 40 (1).
102. The Minister is required to publish
the direction, as soon as practicable after it is given, in the Gazette (clause
40 (4a)), and the Minister must also ensure the direction is laid before each
House of Parliament within 15 sitting days of that House after giving the
direction (clause 40 (4b)).
103. Any Ministerial direction given to
Tourism Australia during the financial year in relation to the performance of
its functions and the exercise of its powers, and an assessment of the impacts
of this direction, must be included in the annual report (clause 40 (5)).
104. This section (clause 40 (6)) does not affect the application of
section 28 of the CAC Act 1997 in relation to Tourism Australia. The Act
states;
(1) the responsible Minister may notify the directors of a
Commonwealth authority in writing of general policies of the Commonwealth
Government that are to apply to the authority. The responsible Minister must
consult the directors before notifying them of the policies;
(2) the
directors must ensure that the policies are carried out in relation to the
authority;
(3) the directors must also ensure, as far as practicable,
that the policies are carried out in relation to the subsidiaries of the
authority; and
(4) the responsible Minister may, in writing, exempt the
directors of a Commonwealth authority from subsection (2) or (3) in relation to
specified activities.
105. Clause 40 (7) provides that any direction
under subsection (1) is not a legislative instrument for the purposes of the
Legislative Instruments Act 2003.
Division 3 – Tourism Australia Values and Code of
Conduct
Clause 41: Tourism Australia Values
106. Clause
41 (1) provides that the Board must determine, in writing, the Tourism Australia
Values. The Managing Director, to the best of his or her abilities, will ensure
that the employees of Tourism Australia uphold and promote the Tourism Australia
Values.
107. The Board may revoke or vary the instruments establishing
the Tourism Australia Values under section 33 (3) of the Acts Interpretation
Act 1901.
108. Clause 41 (2) provides that the Board must uphold
and promote the Tourism Australia Values.
109. Clause 41 (3) provides
that an instrument under clause 41 (1) is not a legislative instrument for the
purposes of the Legislative Instruments Act 2003.
Clause 42:
Tourism Australia Code of Conduct
110. Clause 42 (1) provides that
the Board must determine, in writing, the Tourism Australia Code of Conduct.
The Managing Director, to the best of his of her abilities, will ensure that the
employees of Tourism Australia uphold the Code of Conduct. Where appropriate,
mechanisms to enforce and uphold the Code of Conduct will be included in the
terms and conditions of employment of the staff of Tourism Australia. The Code
of Conduct will also include a provision requiring all Tourism Australia
employees to uphold and promote the Tourism Australia Values.
111. The
Board may revoke or vary the instruments establishing the Tourism Australia Code
of Conduct under section 33 (3) of the Acts Interpretation Act 1901.
112. The Tourism Australia Code of Conduct applies to the Managing
Director and each employee of Tourism Australia.
113. Clause 42 (3)
provides that an instrument under clause 42 (1) is not a legislative instrument
for the purposes of the Legislative Instruments Act 2003.
Part
5 - Managing Director, employees and consultants
Division 1
– Managing Director
Clause 43: Managing
Director
114. Clause 43 provides that there shall be a Managing
Director of Tourism Australia.
Clause 44: Duties
115. This
Clause specifies that the Managing Director will conduct the affairs of Tourism
Australia subject to Board directions and in accordance with policies determined
by the Board (clause 44 (1)).
116. This Clause specifies that anything
done by the Managing Director on behalf of, or in Tourism Australia’s
name, will be taken to have been done by Tourism Australia (clause 44 (2)).
Clause 45: Appointment
117. The appointment of the
Managing Director is to be made by the Board by written instrument (clause 45
(1)). The Managing Director of Tourism Australia cannot be an appointed Board
member (clause 45 (2)). The appointment of the Managing Director will not be
made invalid by a defect or irregularity in connection with the appointment
(clause 45 (3)).
Clause 46: Term of Appointment
118. Clause
46 outlines that the Managing Director holds office for the period specified in
the instrument of appointment, as determined by the Board of
Directors.
Clause 47: Acting Managing Director
119. The
Board may appoint a person, other than an appointed member to, act as the
Managing Director during a vacancy in the office of Managing Director or during
any period, or during all periods, when the Managing Director is absent from
duty or from Australia or is, for any reason, unable to perform the duties of
the office (clause 47 (1)).
120. Section 33A of the Acts
Interpretation Act 1901 contains further provisions dealing with acting
appointments which are relevant to acting appointments made under clause 44.
The effect of these provisions is that:
(a) an acting appointment may be
expressed to have effect only in the circumstances specified in the instrument
of appointment;
(b) the appointer may determine the terms and conditions
of the appointment, including remuneration and allowances and terminate the
appointment at any time;
(c) where the appointment is to act in a
vacant office, the appointee must not continue to act in the office for more
than 12 months;
(d) where the appointee is acting in an office other
than a vacant office and the office becomes vacant while the appointee is
acting then, unless his or her instrument of appointment provides otherwise,
the appointee may continue to act until the appointer otherwise directs, the
vacancy is filled or a period of 12 months from the day the vacancy ends,
whichever happens first;
(e) the appointment ceases to have effect if
the appointee resigns in writing directed to the appointer;
and
(f) while the appointee is acting in the office, the appointee has
and may exercise all the powers, and shall perform all the functions and
duties, of the holder of the office
121. Clause 47 (2) provides that
anything done by or in relation to a person purporting to act under an
appointment is not invalid if the occasion for the appointment has not arisen,
there was a defect or irregularity in connection with the appointment, the
appointment has ceased to have effect or the occasion to act has not arisen or
had ceased.
Clause 48: Remuneration and allowances
122. The Managing Director is to be paid such remuneration as is
determined by the Remuneration Tribunal. If no determination of that
remuneration is in operation, the Managing Director is to be paid such
remuneration as is prescribed by the Regulations (clause 48
(1)).
123. The Managing Director is to be paid such allowances as are
prescribed by the Regulations (clause 48 (2)).
124. Clause 48 has effect
subject to the Remuneration Tribunal Act 1973 which provides for the
Remuneration Tribunal to conduct inquiries and make determinations on the
remuneration of certain office holders (clause 45 (3)).
Clause 49:
Outside employment
125. Under clause 49, the Managing Director must
not engage in paid employment outside of the duties of the Managing
Director’s office without the approval of the Board.
Clause 50:
Recreation Leave
126. Under Clause 50, the Managing Director has
recreation leave entitlements as set by the Remuneration Tribunal.
Clause 51: Resignation
127. Clause 51 specifies that to
resign his or her position with Tourism Australia, the Managing Director must
notify the Board in writing.
Clause 52: Disclosure of interests
128. Clause 52 requires the Managing Director to declare, in writing
to the Chair of the Board of Tourism Australia, any financial or business
interests that may conflict with his or her performance as Managing Director of
Tourism Australia.
Clause 53: Termination of
appointment
129. Clause 53 provides that the Board may terminate the
appointment of the Managing Director at any time. The Managing Director must be
notified of this termination in writing.
Clause 54: Other terms and
conditions
130. Clause 54 outlines that any terms and conditions for
the Managing Director not provided for by the Act are able to be determined by
the Board with the written approval of the Minister.
Division 2 -
Employees and Consultants
Clause 55: Employees
131. Clause 55 provides for the Board, on behalf of Tourism
Australia, to employ such persons as it sees necessary for the performance of
Tourism Australia’s functions and the exercise of Tourism
Australia’s powers (clause 55 (1)).
132. An employee of Tourism
Australia is to be employed on the terms and conditions that the Board
determines in writing (clause 55 (2)).
Clause 56:
Consultants
133. Clause 56 enables the Board to engage suitably
qualified persons as consultants to Tourism Australia (clause 56 (1)) under
terms and conditions determined by the Board (clause 56 (2)).
134. Under
this clause, a person engaged as a consultant by the Board does not hold a
public office under the meaning of the Remuneration Tribunal Act 1973.
Part 6 - Finance
Clause 57: Payments to Tourism
Australia by Commonwealth
135. Tourism Australia will be funded by
way of Parliamentary appropriation (clause 57 (1)). The Minister for Finance
will be able to give directions as to the amounts in which, and the times at
which appropriated funds are to be paid to Tourism Australia (clause 57
(2)).
136. The Minister for Finance means the Minister administering the
Financial Management and Accountability Act 1997 (clause 57
(3)).
Clause 58: Money of Tourism Australia
137. Tourism
Australia’s money will consist of Parliamentary appropriated funds and
other monies received by Tourism Australia through the exercise of its functions
(clause 58 (1)).
138. Clause 58 (2) details how Tourism Australia’s
money may be applied. This provision operates subject to clause 58 (3) which
will allow surplus money of Tourism Australia (that is, money that is not
immediately required for the Tourism Australia’s purposes) to be invested
on deposit with an approved bank, in Commonwealth securities and in any other
manner approved by the Treasurer.
Clause 59: Limits on contracts and
leases
139. The Board must obtain Ministerial approval before Tourism
Australia enters into any contract above $5,000,000, or if a higher amount is
prescribed, that higher amount, or if Tourism Australia leases land for ten
years or more (clause 59 (1)).
140. Clause 59 (2) does not apply to the
investment of money by Tourism Australia in accordance with section 18 of the
CAC Act.
Clause 60: Liabilities to taxation
141. Tourism
Australia is subject to taxation under the laws of the Commonwealth (clause 60
(1)).
142. Subject to subsection (3), Tourism Australia is not subject to
taxation under a law of a State or Territory (clause 60 (2)).
143. The
regulations may provide that clause 60 (3) does not apply in relation to a
specified law of a State and Territory.
Clause 61: Trust Property
144. Clause 61 provides that, despite the other provisions of this
Act, the Board must deal with any money or property vested in Tourism Australia
on trust in accordance with the powers and functions of the Board as trustee.
Part 7 - Other Matters
Clause 62: Delegation by
Board
145. Clause 62 (1) gives the Board the power to delegate all or
any of its powers to a member of the Board or a member of staff of Tourism
Australia who has been deemed to have the appropriate expertise. The delegate
will continue to be subject to the direction of the Board.
146. In
exercising a delegated function or power, the delegate must comply with any
written directions of the Board (clause 62 (2)).
147. The delegation
continues in force, even if there are any changes in the membership of the Board
(clause 62 (3)).
148. Clause 62 (4) provides that the delegation may be
varied or revoked by a resolution of the Board (whether or not there has been a
change in the membership of the Board).
149. Clause 62 (5) provides
that a certificate signed by the Chair stating any matter with respect to the
delegation is prima facie evidence of the matter.
150. Clause 62 (6)
provides that a document purporting to be a certificate mentioned in clause 62
(5) is taken to be such a certificate and to have been duly given unless the
contrary is established.
Clause 63: Delegation by Managing
Director
151. Clause 63 provides the Managing Director with the power
to delegate, in writing, to a member of staff of Tourism Australia, who has the
appropriate expertise, all or any of the powers of the Managing Director (clause
63 (1)). In performing a delegated function, the delegate must comply with any
written directions of the directions of the Managing Director.
Clause
64: Regulations
152. Clause 66 gives the Governor-General the power
to make regulations prescribing matters required, or permitted by the Tourism
Australia Bill 2004 to be prescribed (clause 64 (a)), or necessary or
convenient to be prescribed for carrying out or giving effect to the Tourism
Australia Bill 2004 (clause 64 (b)).