Australian Tourist Commission Act 1967 (Cth)
AUSTRALIAN TOURIST COMMISSION ACT 1967 [Note: This Act is "repealed" by Act No. 137 of 1987]
(#DATE 30:04:1982)
(#DATE 30:04:1982)
Compilation Information - Reprinted as at 30 April 1982
*1* The Australian Tourist Commission Act 1967 as shown in this reprint
comprises Act No. 27, 1967 amended as indicated in the Tables below.
(The citation "Australian Tourist Commission Act 1967" is provided for by
the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.)
Table of Acts
----------------------------------------------------------------------------- Application, saving
Number Date Date of or
transitional Act and year of Assent commencement provisions
----------------------------------------------------------------------------- Australian Tourist
Commission Act 1967 27, 1967 23 May
1967 23 May 1967
Statute Law Revision
Act 1973 216, 1973 19 Dec
1973 31 Dec 1973 Ss. 9 (1)
and 10
Australian Tourist
Commission Act 1974 82, 1974 18 Oct
1974 18 Oct 1974 Ss. 10 (2),
14 (2),
18 and 19
Administrative
Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
Australian Tourist
Commission Amendment
Act 1981 27, 1981 14 Apr
1981 Ss. 1 and 2: Royal
Assent Ss. 3 and
7: 1 July 1981
(see Gazette 1981,
No. G25, p. 3)
S. 9: 15 Mar 1981
(see s. 2 (3) and
Gazette 1981, No.
S43, p. 1)
Remainder: 12 May
1981 Ss. 3 (2)
and 12
----------------------------------------------------------------------------- Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
------------------------------------------------------------------------------ -- Provision affected How affected
------------------------------------------------------------------------------ -- Title . . . . . . . . . am. No. 82, 1974
S. 3 . . . . . . . . . rep. No. 216, 1973
S. 4 . . . . . . . . . am. No. 82, 1974
Ss. 6-8 . . . . . . . . am. No. 82, 1974; No. 27, 1981
S. 10 . . . . . . . . . am. No. 82, 1974; No. 27, 1981
S. 12 . . . . . . . . . am. No. 82, 1974; No. 27, 1981
S. 12A . . . . . . . . ad. No. 27, 1981
Ss. 13, 14 . . . . . . am. No. 82, 1974; No. 27, 1981
S. 15 . . . . . . . . . rs. No. 82, 1974
S. 16 . . . . . . . . . am. No. 82, 1974; No. 27, 1981
S. 18 . . . . . . . . . am. No. 82, 1974; No. 27, 1981
S. 20 . . . . . . . . . rep. No. 216, 1973
Part V (ss. 21-27) . . rep. No. 27, 1981
Part V (ss. 21-26) . . ad. No. 27, 1981
S. 21 . . . . . . . . . am. No. 36, 1978
rs. No. 27, 1981
Ss. 22-24 . . . . . . . rs. No. 27, 1981
S. 25 . . . . . . . . . am. No. 82, 1974
rs. No. 27, 1981
S. 26 . . . . . . . . . rs. No. 27, 1981
S. 27 . . . . . . . . . am. No. 216, 1973
rs. No. 82, 1974
rep. No. 27, 1981
S. 28 . . . . . . . . . am. No. 216, 1973; No. 82, 1974
rep. No. 27, 1981
S. 29 . . . . . . . . . am. No. 216, 1973; No. 82, 1974; No. 36, 1978
rep. No. 27, 1981
S. 30 . . . . . . . . . ad. No. 82, 1974
------------------------------------------------------------------------------ --
AUSTRALIAN TOURIST COMMISSION ACT 1967 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
4. Interpretation
PART II-ESTABLISHMENT OF THE AUSTRALIAN TOURIST COMMISSION
5. Establishment of Commission
6. Constitution of the Commission
7. Chairman
8. Deputy Chairman
9. Leave of absence
10. Acting appointments
11. Resignation of members
12. Removal of members
12A. Disclosure of interests by members
13. Remuneration and allowances
14. Meetings of the Commission
PART III-PURPOSE AND POWERS OF THE COMMISSION
15. Purpose of Commission
16. Powers
17. Relations with Minister
PART IV-STAFF
18. General Manager of the Commission
19. Other staff
PART V-FINANCE
21. Moneys payable to Commission
22. Estimates
23. Application of moneys of Commission
24. Limit on contracts and leases
25. Application of Division 3 of Part XI of Audit Act
26. Exemption from taxation
PART VI-MISCELLANEOUS
30. Regulations
AUSTRALIAN TOURIST COMMISSION ACT 1967 - LONG TITLE SECT
An Act to establish an Australian Tourist Commission for the purpose of the encouragement of visits to Australia by People from other Countries and of travel in Australia
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 1.
Short titleSECT
PART I-PRELIMINARY
1. This Act may be cited as the Australian Tourist Commission Act 1967.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 2.
CommencementSECT
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 4.
InterpretationSECT
4. In this Act, unless the contrary intention appears-
"member" means a member of the Commission;
"the Chairman" means the Chairman of the Commission;
"the Commission" means the Australian Tourist Commission;
"the General Manager" means the General Manager of the Commission.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 5.
Establishment of CommissionSECT
PART II-ESTABLISHMENT OF THE AUSTRALIAN TOURIST COMMISSION
5. (1) For the purposes of this Act, there shall be an Australian Tourist Commission.
(2) The Commission-
(a) is a body corporate, with perpetual succession;
(b) shall have a common seal;
(c) is capable of acquiring, holding and disposing of real and personal property, whether in Australia or overseas; and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall presume that it was duly affixed.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 6.
Constitution of the CommissionSECT
6. (1) The Commission shall consist of 10 members.
(2) Each member shall be appointed by the Governor-General.
(3) Of the members, 2 shall be persons appointed from among persons nominated, in accordance with sub-section (6), by a body or association that is approved by the Minister as being representative of the industries in Australia connected with tourism.
(4) Of the remaining 8 members, 3 shall be nominated in a manner agreed on from time to time between all the States, the Northern Territory and the Minister for the Capital Territory, and at least 1 other shall be an officer of the Australian Public Service.
(6) Where 2 members are to be appointed at the one time in accordance with sub-section (3), the number of persons to be nominated shall be not less than 5, and where, by reason of a vacancy in the office of 1 only of the members appointed in accordance with that sub-section, 1 member is to be appointed, the number of persons to be nominated shall be not less than 3.
(7) The appointment of a member is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connexion with his nomination.
(8) Subject to this Act, each member (other than a member who is an officer of the Australian Public Service) holds office for such period, not exceeding 3 years, as the Governor-General specifies at the time of the member's appointment.
(9) A member who is an officer of the Australian Public Service holds office during the pleasure of the Governor-General.
(10) A member is eligible for re-appointment.
(11) The exercise of a power or the performance of a function by the Commission is not invalidated by reason only of there being a vacancy or vacancies in the membership of the Commission.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 7.
ChairmanSECT
7. (1) The Governor-General shall appoint 1 of the members to be the Chairman of the Commission.
(2) The Governor-General may, at the time of the appointment of a member as the Chairman, direct that the member is to hold his office as a member on a full-time basis so long as he continues to be the Chairman.
(4) The Chairman may resign his office as Chairman by writing under his hand addressed to the Governor-General.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 8.
Deputy ChairmanSECT
8. (1) There shall be a Deputy Chairman of the Commission, who shall be 1 of the members of the Commission elected by the members of the Commission to be the Deputy Chairman.
(2) The Deputy Chairman holds office for a period of 1 year, but is eligible for re-election.
(3) The Deputy Chairman may resign his office as Deputy Chairman by writing under his hand delivered to the Chairman.
(4) The Deputy Chairman ceases to hold office as Deputy Chairman if he ceases to be a member of the Commission.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 9.
Leave of absenceSECT
9. The Minister may grant leave of absence to a member upon such terms and conditions as to remuneration or otherwise as the Minister determines.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 10.
Acting appointmentsSECT
10. (1) Where the Minister grants leave of absence to a member or where there is a vacancy in the membership of the Commission, the Minister may, subject to this section, appoint a person to act as a member, during the whole or a part of the period of absence on leave of the member or of the period of the vacancy.
(2) The Minister may, at any time, terminate an appointment under this section.
(3) An appointment of a person under this section by reason of a vacancy shall not be made, and such an appointment shall not continue to have effect, if the vacancy has continued for more than 6 months.
(4) A person appointed under this section shall be paid such remuneration and allowances for expenses as the Minister determines.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 11.
Resignation of membersSECT
11. A member may resign his office by writing under his hand addressed to the Governor-General.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 12.
Removal of membersSECT
12. (1) The Governor-General may remove a member from office for misbehaviour or physical or mental incapacity.
(2) If a member-
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(ab) fails, without reasonable excuse, to comply with his obligations under section 12A;
(b) is absent, except on leave granted by the Minister, from three consecutive meetings of the Commission; or
(c) being the Chairman and holding office as a member on a full-time basis, engages in paid employment outside his duties under this Act without the approval of the Minister,
the Governor-General shall remove the member from office.
(3) The Minister shall not give an approval for the purposes of paragraph (2) (c) unless he is satisfied that the paid employment is of a minor nature and will not interfere with the performance of the duties of the Chairman under this Act.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 12A.
Disclosure of interests by membersSECT
12A. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.
(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Commission.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 13.
Remuneration and allowancesSECT
13. (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal.
(1A) Subject to the Remuneration Tribunals Act 1973, a member shall be paid such allowances as are prescribed.
(2) A person invited by the Commission to attend a meeting of the Commission shall be paid by the Commission in respect of that attendance such fees and allowances for expenses, if any, as the Minister determines.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 14.
Meetings of the CommissionSECT
14. (1) Subject to this section, the Commission shall hold meetings at such times and places as the Commission determines.
(2) The Chairman or, when the Chairman is outside Australia or on leave of absence or the office of Chairman is vacant, the Deputy Chairman-
(a) may at any time, convene a meeting of the Commission; and
(b) shall not permit a period exceeding 2 months to elapse between a meeting of the Commission and the next meeting of the Commission.
(3) The Chairman shall preside at all meetings of the Commission at which he is present.
(4) In the absence of the Chairman from a meeting of the Commission, the Deputy Chairman shall preside.
(5) At a meeting of the Commission, 6 members, 1 being the Chairman or the Deputy Chairman, constitute a quorum.
(6) A question arising at a meeting of the Commission shall be determined by a majority of votes of the members present and voting.
(7) The member presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) The Commission shall keep a record of its proceedings.
(9) The Commission may invite a person to attend a meeting of the Commission for the purpose of advising or informing the Commission on any matter.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 15.
Purpose of CommissionSECT
PART III-PURPOSE AND POWERS OF THE COMMISSION
15. The Commission is established for the purpose of the encouragement-
(a) of visits to Australia by people from other countries; and
(b) of travel in Australia, including travel by people from other countries.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 16.
PowersSECT
16. (1) Subject to sub-section (4), the Commission has power to do all things that are conducive to, or necessary or convenient to be done for, the carrying out of the purpose for which the Commission is established.
(2) Without limiting the generality of the last preceding sub-section, the Commission has power, for the purpose for which it is established-
(a) to engage in, or arrange for, publicity campaigns or other publicity, by any appropriate means of communication, in relation to Australia, with particular reference to its tourist attractions and facilities;
(b) to induce and assist travel agents, transport operators and other appropriate bodies or persons to encourage people in other countries to visit Australia and to encourage travel in Australia, including travel by people from other countries;
(c) to produce, or cause to be produced, and to sell or to distribute free of charge, magazines, pamphlets and other publications and advertising matter;
(d) to collect information in relation to any relevant matter and to disseminate or supply, with or without charge, any such information or the results of, or conclusions drawn from, the Commission's consideration of any such information;
(e) to undertake, in a country outside Australia, the provision, with or without charge, of assistance to travel agents, transport operators and other appropriate bodies or persons in arranging travel, accommodation or other services or facilities for people visiting Australia, where the Commission is satisfied that no person whose principal place of business is in Australia undertakes, in that country outside Australia, the provision of assistance of the same kind;
(f) to accept gifts and contributions;
(g) to enter into contracts, and to acquire and dispose of real and personal property; and
(h) to do anything incidental to the exercise of the foregoing powers.
(3) The powers of the Commission under this section extend to the doing of acts and things-
(a) jointly with, or in co-operation with, any other person or organization; and
(b) in countries outside Australia.
(4) Except as provided in paragraphs (2) (c), (d) and (e), the Commission shall not carry on any business.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 17.
Relations with MinisterSECT
17. (1) The Minister may give directions to the Commission with respect to matters of policy, including directions with respect to the general nature and extent of the operations of the Commission, and the Commission shall comply with any such direction.
(2) The Commission shall, as required by the Minister, formulate, and submit to the Minister, proposals with respect to the general nature and extent of its future operations.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 18.
General Manager of the CommissionSECT
PART IV-STAFF
18. (1) The Commission may appoint a person to be the General Manager of the Commission.
(2) The General Manager shall, under the Commission, manage the affairs of the Commission.
(3) The General Manager shall be paid such remuneration as is determined by the Remuneration Tribunal.
(4) Subject to the Remuneration Tribunals Act 1973, the General Manager shall be paid such allowances as are prescribed.
(5) Subject to sub-sections (3) and (4), the terms and conditions of employment of the General Manager are such as are, subject to the approval of the Minister, determined by the Commission.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 19.
Other staffSECT
19. (1) The Commission may employ, in Australia or in any other country, such persons as it thinks necessary for the purposes of this Act.
(2) The terms and conditions of employment of persons employed under this section are such as are determined by the Commission with the approval of the Public Service Board.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 21.
Moneys payable to CommissionSECT
PART V-FINANCE
21. (1) There are payable to the Commission such moneys as are appropriated by the Parliament for the purposes of the Commission.
(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, moneys referred to in sub-section (1) are to be paid to the Commission.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 22.
EstimatesSECT
22. (1) The Commission shall prepare estimates, in such form as the Minister directs, of the receipts and expenditure of the Commission for each financial year and, if the Minister so directs, for any other period specified by the Minister, and the Commission shall submit those estimates to the Minister not later than such date as the Minister directs.
(2) Moneys paid to the Commission under section 21 shall not be expended by the Commission otherwise than in accordance with estimates of expenditure approved by the Minister.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 23.
Application of moneys of CommissionSECT
23. (1) Moneys of the Commission shall be applied only-
(a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions or the exercise of its powers under this Act; and
(b) in payment of any remuneration and allowances payable to any person under this Act.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 24.
Limit on contracts and leasesSECT
24. The Commission shall not, without the approval of the Minister-
(a) enter into a contract under which the Commission is to pay or receive an amount exceeding $250,000 or, if a higher amount is prescribed, that higher amount; or
(b) enter into a lease of land for a period exceeding 10 years.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 25.
Application of Division 3 of Part XI of Audit ActSECT
25. It is hereby declared that the Commission is a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 26.
Exemption from taxationSECT
26. The Commission is not subject to taxation under a law of the Commonwealth or of a State or Territory.
AUSTRALIAN TOURIST COMMISSION ACT 1967 - SECT. 30.
RegulationsSECT
PART VI-MISCELLANEOUS
30. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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