EXPLANATORY STATEMENT
Issued by the Authority of the Minister for the Arts
Australia Council Act 2013
Proclamation
Subsection 2(1) of the Australia Council Act 2013 (the Act) provides that Sections 3 to 52 of the Act commence on a day to be fixed by Proclamation. The Act received Royal Assent on 27 June 2013.
This Proclamation fixes 1 July 2013 as the day on which Sections 3 to 52 of the Act commences.
The Act modernises the enabling legislation of the Australia Council in line with the Australian Government’s response to the 2012 Review of the Australia Council (the Review) as included in ‘Creative Australia: the National Cultural Policy’. All the provisions of the Act, other than Sections 3 to 52, commenced on receipt of the Royal Assent.
Sections 3 to 52 of the Act contain provisions which update the functions, powers and governance structure of the Council to implement the Australian Government’s response to the Review, and to be consistent with the enabling legislation of other Commonwealth statutory authorities. The Act introduces a skills-based governing Board consisting of a Chair, Deputy Chair, and between five and nine other members, and the Chief Executive Officer as an ex-officio Board member. The Act also introduces corporate planning provisions for the first time, and grants the Board the power to establish committees to assist in the performance of the functions of the Board and the Council more broadly.
The 1 July 2013 commencement date allows for the Australia Council to commence operations as required under Sections 3 to 52 of the Act at the start of a new financial year. The commencement date was reached after consultation with the Australia Council.
This Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Australia Council Act 2013 was enacted to modernise the enabling legislation of the Australia Council, aligning it with the Australian Government's response to the 2012 Review of the Australia Council and the national cultural policy outlined in 'Creative Australia'. The Act received Royal Assent on 27 June 2013, and a Proclamation issued by the Minister for the Arts set 1 July 2013 as the commencement date for Sections 3 to 52 of the Act. This timing ensures the Council can implement the updated provisions at the beginning of a new financial year, following consultations with the Australia Council. The legislation introduces significant changes, including a skills-based governing Board and corporate planning provisions, aiming to enhance the Council's functions, powers, and governance structure to match those of other Commonwealth statutory authorities.
Scope and Application
The Australia Council Act 2013 applies to the Australia Council for the Arts, a statutory authority responsible for the development, promotion, and support of the arts in Australia. The Act applies to the Council as an entity, establishing its functions, powers, and governance structure. The Act also applies to the Board of the Council, which includes a Chair, Deputy Chair, and between five and nine other members, as well as the Chief Executive Officer who serves as an ex-officio Board member. The Act's provisions govern the Council's operations and decision-making processes, including the establishment of committees to assist in the performance of the Board's functions. The Act applies nationally, as it is Commonwealth legislation. The Act does not explicitly state any exclusions, exemptions, or thresholds. However, the Act does extend its application through subordinate instruments, such as regulations and guidelines, which provide further detail on the implementation of the Act's provisions.
Key Provisions
The Australia Council Act 2013 (sections 3 to 52) introduces a new governance structure for the Australia Council, establishing a skills-based governing Board (section 7) consisting of a Chair, Deputy Chair, and between five and nine other members (section 8). The Chief Executive Officer of the Council is also an ex-officio member of the Board (section 9). This new structure aims to enhance the Council's capacity to deliver on its cultural objectives by ensuring that the Board has the necessary skills and expertise.
The Act outlines the functions (section 10) and powers (section 11) of the Australia Council, aligning them with the government’s response to the 2012 Review of the Australia Council and the ‘Creative Australia: the National Cultural Policy’. Additionally, it mandates the Board to undertake corporate planning (section 25), marking a significant shift towards more strategic and forward-looking governance. The Board is also empowered to establish committees (section 21) to assist in the performance of its functions, thereby facilitating more effective management and oversight of the Council’s activities.
Entities and parties governed by the Act, including the Australia Council and its Board, must adhere to the new governance structure and operational mandates set out in sections 7 to 52. This includes ensuring that the Board comprises members with the requisite skills and experience (section 7), and that corporate planning is undertaken as per the provisions in section 25. Furthermore, the establishment and operation of any committees must comply with the guidelines and purposes set out in section 21.
Failure to comply with the provisions of the Act may result in legal consequences. For instance, breaches of the governance requirements (sections 7 to 11) could lead to sanctions against the Australia Council or its Board members, including potential removal from office. While the Act does not explicitly state civil or criminal penalties for non-compliance, breaches of statutory duties or mismanagement could result in legal action under general administrative law principles. The precise consequences would depend on the nature and severity of the breach.