Australian Tourist Commission Act 1974

Legislation au C2004A00140 Not in force Act

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AUSTRALIAN TOURIST COMMISSION ACT

1974

No. 82 of 1974

An Act to amend the Australian Tourist Commission Act 1967-1973.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Australian Tourist Commission Act 1974.

(2) The Australian Tourist Commission Act 1967-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Australian Tourist Commission Act 1967-1974.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Title.

3. The title of the Principal Act is amended by omitting the words “, and travel in Australia, by People from other Countries” and substituting the words “by People from other Countries and of travel in Australia”.

Definitions.

4. Section 4 of the Principal Act is amended by omitting the definition of “voting member”.

Constitution of the Commission.

5. Section 6 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:—

“ (1) The Commission shall consist of nine members. ’

(b) by omitting from sub-section (3) the words “of the voting”;

“(4) Two members shall be persons nominated by the Governments of all the States.

“(5) Of the remaining five members, at least one shall be an officer of the Australian Public Service. and

(d) by omitting from sub-sections (8) and (9) the words “Public Service of the Commonwealth” and substituting the words “Australian Public Service ”

Chairman

6. Section 7 of the Principal Act is amended by omitting from sub-section (1) the word “voting”.

Deputy Chairman.

7. Section 8 of the Principal Act is amended

(a) by omitting from sub-section (1) the word “voting”

(b) by omitting from sub-section (4) the word “voting” (wherever occurring); and

Acting appointments.

8. Section 10 of the Principal Act is amended by omitting from sub-section (1) the words “voting member, or as a non-voting member, as the case requires’’ and substituting the word “member”.

Removal of members.

9. Section 12 of the Principal Act is amended by omitting from sub-section (4) the word “voting”.

Remuneration allowances.

10. (1) Section 13 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-sections:—

“(1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(1a) Subject to the Remuneration Tribunals Act 1973-1974, a member shall be paid such allowances as are prescribed.”.

(2) The amendment made by sub-section (1) does not affect the remuneration payable to a member before his remuneration is determined by the Remuneration Tribunal.

Meetings of the Commission.

11. Section 14 of the Principal Act is amended—

(a) by omitting from sub-section (5) the words “three voting”, and substituting the word “five”; and

(b) by omitting from sub-section (6) the word “voting” (first occurring).

12. Section 15 of the Principal Act is repealed and the following section substituted:—

Purpose of 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.”.

Powers.

13. Section 16 of the Principal Act is amended by omitting from paragraph (b) of sub-section (2) the words “and to travel in Australia” and substituting the words “and to encourage travel in Australia, including travel by people from other countries”.

General Manager of the Commission.

14. (1) Section 18 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:—

“(3) The General Manager shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(4) Subject to the Remuneration Tribunals Act 1973-1974, 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.”

(2) The amendment made by sub-section (1) does not affect the remuneration payable to the General Manager before his remuneration is determined by the Remuneration Tribunal.

15. Section 27 of the Principal Act is repealed and the following section substituted:—

Exemption from taxation.

“27. The Commission is not subject to taxation under a law of Australia, of a State or of a Territory other than Papua New Guinea.”.

Officers’ Rights Declaration Act to apply.

16. Section 28 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “Public Service of the Commonwealth”, and substituting the words “Australian Public Service, or a person to whom the Officers’ Rights Declaration Act 1928-1973 applies,”; and

(b) by omitting from paragraph (b) of sub-section (2) the words “Public Service of the Commonwealth”, and substituting the words “Australian Public Service”.

17. The Principal Act is amended by adding at the end thereof the following section:—

Regulations.

“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.

Continuation of certain appointments.

18. (1) A person who held office as a voting member, or as a non-voting member, of the Australian Tourist Commission immediately before the commencement of this Act holds office after the commencement of this Act as a member of that Commission for the remainder of the period for which he was appointed as a voting member or non-voting member, as the case may be, as if he had been appointed a member of that Commission under the Principal Act as amended by this Act.

(2) A person who held office as a voting member of the Australian Tourist Commission immediately before the commencement of this Act by virtue of having been appointed by the Governor-General from among persons referred to in sub-section 6(3) of the Principal Act holds office, by virtue of sub-section (1), as if he had been appointed in accordance with sub-section 6(3) of the Principal Act as amended by this Act.

(3) A person who held office as a non-voting member of the Australian Tourist Commission immediately before the commencement of this Act holds office, by virtue of sub-section (1), as if he had been appointed in accordance with sub-section 6(4) of the Principal Act as amended by this Act.

(4) A person who held office as Chairman or Deputy Chairman of the Australian Tourist Commission immediately before the commencement of this Act continues in office, after the commencement of this Act, for the remainder of the period for which he was appointed as if he had been appointed under the Principal Act as amended by this Act.

Transitional provision.

19. Notwithstanding the provisions of sub-section 14(5) of the Principal Act as amended by this Act, until the vacancies in the membership of the Australian Tourist Commission resulting from the amendments of the Principal Act effected by this Act have been filled, at a meeting of the Commission, three members of the Commission, one being the Chairman or Deputy Chairman of the Commission, constitute a quorum.

Formal amendments.

20. The Principal Act is amended as set out in the Schedule.

__________

SCHEDULE Section 20

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting the words “of this Act” and “of this section”:—

Sections 6(3) and (6), 16(1) and (4), and 28(1).

2. The Principal Act is further amended as set out in the following table:

Provision

Amendment

Section 25...............

(a) Omit “the first day of April”, substitute “1 April”.

(b) Omit “first day of July”, substitute “1 July”.

Section 29(l)..............

Omit “thirtieth day of June”, substitute “30 June”.

Overview

The Australian Tourist Commission Act 1974 was enacted to amend the Australian Tourist Commission Act 1967-1973. The principal objective of this Act, as stated in the text, is to redefine the Australian Tourist Commission's role in encouraging both international and domestic travel. This Act was passed by the Queen, the Senate, and the House of Representatives of Australia, thereby reflecting the legislative process of the nation. The purpose of the Commission, as outlined in the Act, is to promote visits to Australia by people from other countries and to encourage travel within Australia, including by those from overseas. This Act provides an updated framework to support the tourism industry, aligning it with contemporary needs and objectives. The Australian Tourist Commission Act 1974 includes several key amendments to the original Act. These include changes to the composition of the Commission, the removal of the distinction between voting and non-voting members, adjustments to the remuneration and allowances for members, and the specification of the Commission's purpose. Additionally, the Act ensures the continuation of existing appointments and provides for necessary regulations to facilitate the implementation of the Act. This comprehensive revision aims to streamline the Commission's operations and better position it to meet its policy objectives in promoting tourism in Australia.

Scope and Application

The Australian Tourist Commission Act 1974, as amended, applies to the Australian Tourist Commission and its members, including the Chairman, Deputy Chairman, and General Manager. The Act is a Commonwealth legislation, and its jurisdiction extends across Australia, including the territories. The Act provides for the amendment of the Australian Tourist Commission Act 1967-1973 and establishes the Australian Tourist Commission for the purpose of encouraging visits to Australia by people from other countries and travel in Australia, including by people from other countries. The Act outlines the composition of the Commission, the appointment of its members, their remuneration, and the power of the Governor-General to make regulations for carrying out or giving effect to the Act. The Act also exempts the Commission from taxation under any Australian law. The Act extends or restricts application through subordinate instruments, such as regulations made by the Governor-General under the authority of the Act. The Act does not specify any exclusions, exemptions, or thresholds.

Key Provisions

The Australian Tourist Commission Act 1974 amends the Australian Tourist Commission Act 1967-1973, introducing several key changes to the structure and operations of the Australian Tourist Commission. Section 5 of the Act alters the constitution of the Commission by reducing the total number of members from an unspecified number to nine, with two members nominated by the state governments and at least one member being an officer of the Australian Public Service (APS) (s 5(4) and (5)). The Act also removes the requirement for a majority of voting members to constitute a quorum for meetings, instead setting the quorum at five members (s 11(a)). The purpose of the Commission, as stated in section 15, is to encourage visits to Australia by people from other countries and to promote travel within Australia, including by visitors from other countries (s 15(a) and (b)). The remuneration for Commission members and the General Manager is determined by the Remuneration Tribunal, with allowances prescribed subject to the Remuneration Tribunals Act 1973-1974 (s 10(1) and 13(1a)). Additionally, the Commission is exempt from taxation under Australian, state, or territory laws, except in Papua New Guinea (s 27). The Act imposes several obligations on the Australian Tourist Commission. It mandates the appointment of two state-nominated members and requires at least one APS officer among the remaining members (s 5(4) and (5)). The Commission must convene meetings with a quorum of five members, instead of a majority of voting members (s 11(a)). The remuneration for members and the General Manager is subject to determination by the Remuneration Tribunal, with allowances prescribed under the Remuneration Tribunals Act 1973-1974 (s 13(1a) and 14(3)). The Commission must also ensure that its operations do not incur taxation in Australia, except as provided in section 27. Breaches of the provisions of the Australian Tourist Commission Act 1974 may lead to various consequences. While the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, non-compliance with the remuneration provisions or meeting quorum requirements could potentially lead to disputes or legal actions. For instance, if the Commission fails to adhere to the remuneration determination by the Remuneration Tribunal or does not maintain the required quorum for meetings, it might face operational challenges or legal scrutiny. However, the Act itself does not specify the exact penalties or consequences for such breaches.

Area of Law: Administrative Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Delegated & Subordinate Legislation; Prohibited Conduct

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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