Tourism Australia Act 2004 - Proclamation (24/06/2004)

Overview

The Tourism Australia Act 2004 was enacted to address the need for a modern and efficient framework to support Australia's tourism industry. This legislation was introduced by the Commonwealth Parliament to establish Tourism Australia as a statutory corporation, replacing the previous Tourism Council of Australia. The Act was designed to provide a more streamlined and effective body for promoting and marketing Australia as a premier tourist destination, with a clear policy objective of enhancing Australia's competitiveness in the global tourism market. The Act aims to facilitate better coordination and collaboration between the public and private sectors to drive growth and innovation in the tourism industry. The Act was proclaimed by the Governor-General of the Commonwealth of Australia, Philip Michael Jeffery, who, on 24 June 2004, set 1 July 2004 as the commencement date for sections 3 to 64 of the Act. This legislative instrument is an essential part of the legal framework supporting Australia's tourism sector, ensuring that the necessary structures and authorities are in place to achieve the policy objectives outlined in the Act.

Scope and Application

The Tourism Australia Act 2004 applies to Tourism Australia, which is established as a statutory authority under the Act, and is responsible for promoting and marketing Australia as a tourist destination both domestically and internationally. The Act provides for the governance, administration, and functions of Tourism Australia, including its role in developing and implementing marketing strategies, conducting research, and facilitating partnerships with the private sector and other government entities. The Act applies on a national level, with Tourism Australia's activities extending across all states and territories of Australia. However, the Act does not apply to the internal affairs of the Commonwealth Parliament or the Parliament of a State or Territory. Furthermore, certain exclusions and exemptions are provided in the Act, such as the exclusion of certain tourism services from the definition of "tourism product". The Act also allows for the creation of subordinate instruments to extend or restrict its application, such as regulations made under section 63 of the Act. These regulations may include provisions related to the governance and administration of Tourism Australia, as well as its marketing and research activities.

Key Provisions

The Tourism Australia Act 2004, as proclaimed under section 2(1), brings into effect sections 3 to 64 of the Act, which establish the framework for the operations of Tourism Australia, a corporation established under the Act. Section 3 sets out the establishment of Tourism Australia as a body corporate with perpetual succession and a common seal. Section 4 identifies the purposes for which Tourism Australia is established, including the promotion of tourism to and within Australia. Section 5 outlines the functions of Tourism Australia, which include the development of marketing strategies, the coordination of tourism services, and the provision of information about tourism activities. Section 6 specifies the powers necessary for Tourism Australia to carry out its functions effectively, such as the power to enter into contracts, acquire and dispose of property, and to borrow and lend money. The Act imposes several obligations and requirements on Tourism Australia and other parties governed by it. For instance, section 9 mandates that Tourism Australia must have regard to the tourism industry’s interests while carrying out its functions. Section 11 requires Tourism Australia to prepare and submit an annual report to the Minister for Small Business and Tourism, detailing its operations, financial performance, and any other matters specified by the Minister. Section 20 provides for the appointment of officers and employees, outlining the qualifications and terms of employment necessary for carrying out the corporation’s functions. Additionally, section 24 requires that Tourism Australia must operate in accordance with any directions given by the Minister, provided they are consistent with the Act. The Act also delineates various offences, penalties, and consequences for breaches of its provisions. Section 65 stipulates that a person who contravenes any provision of the Act is liable to a penalty, the specifics of which depend on the nature and severity of the breach. For example, section 66(1) states that a person found guilty of a minor breach may face a penalty of up to 50 penalty units, while more serious breaches may incur a penalty of up to 500 penalty units as per section 66(2). Furthermore, section 68 authorises the Minister to take enforcement actions, including the issuing of infringement notices, which carry financial penalties, or pursuing civil proceedings in cases of non-compliance with the Act. Section 70 provides for criminal sanctions, including fines and imprisonment, for breaches that are wilful or reckless and result in significant harm to the tourism industry or the public.