Tourism Australia Amendment Act 2007

Administered by Department of Foreign Affairs and Trade

Legislation au C2007A00047 In force Act

Legislation content

 

 

 

 

 

 

Tourism Australia Amendment Act 2007

 

No. 47, 2007

 

 

 

 

 

An Act to amend the Tourism Australia Act 2004, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Tourism Australia Act 2004

 

 

 

Tourism Australia Amendment Act 2007

No. 47, 2007

 

 

 

An Act to amend the Tourism Australia Act 2004, and for related purposes

[Assented to 10 April 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Tourism Australia Amendment Act 2007.

2  Commencement

  This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Tourism Australia Act 2004

 

1  Section 3 (definition of government member)

Repeal the definition.

2  Paragraph 12(c)

Repeal the paragraph.

3  Subsection 14(1)

Omit “(1)”.

4  Subsection 14(1)

Omit “(other than the government member)”.

5  Subsections 14(2) and (3)

Repeal the subsections.

6  Subsection 15(1)

Omit “(other than the government member)”.

7  Subsection 15(2)

Repeal the subsection.

8  Subsection 16(2)

Omit “(other than the government member)”.

9  Subsection 20(1)

Repeal the subsection.

10  Subsections 20(2) and (3)

Omit “(other than the government member)”.

11  After section 20

Insert:

20A  Termination of appointment at instance of Board or for non‑performance etc.

 (1) The Minister may terminate the appointment of an appointed member if:

 (a) the Board has resolved that the appointment of the appointed member be terminated; and

 (b) the resolution was passed at a meeting of the Board convened for the purpose of considering a motion that the appointment of the appointed member be terminated; and

 (c) the resolution was passed by not less than two‑thirds of the members present, excluding the appointed member to whom the resolution relates.

 (2) The Minister may terminate the appointment of an appointed member if the Minister is satisfied:

 (a) that it is not in the best interests of Tourism Australia that the appointed member continue in office; or

 (b) that the performance of the appointed member has been unsatisfactory for a significant period.

Note: The heading to section 20 is replaced by the heading “General provision for termination of appointment”.

12  Subsection 23(3)

Omit “or the government member”.

13  Section 35

Repeal the section, substitute:

35  Minister’s response to corporate plan

 (1) The Board must give each corporate plan to the Minister for his or her endorsement.

 (2) The Minister may ask the Board, in writing, to give the corporate plan to the Minister by a time, and in a manner, specified by the Minister. The Board must comply with the request.

 (3) After receiving the corporate plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:

 (a) an explanation of matters included in the plan and specified in the request; and

 (b) an explanation of other matters specified in the request and related to the plan.

 (4) The Board:

 (a) must comply with the request to give an explanation of the specified matters; and

 (b) may give to the Minister a corporate plan to replace the corporate plan in relation to which the Minister sought an explanation.

 (5) In deciding whether or not to endorse the corporate plan, the Minister must take into account any inconsistencies between the plan and government policies. If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the plan.

 (6) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the corporate plan.

 (7) The corporate plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.

14  Paragraph 36(1)(b)

Omit “approval”, substitute “endorsement”.

15  Subsection 36(5)

Omit “approval”, substitute “endorsement”.

16  Section 37

Repeal the section, substitute:

37  Minister’s response to annual operational plan

 (1) After receiving the annual operational plan, the Minister may request the Board, in writing, to give to the Minister, by a time, and in a manner, specified by the Minister:

 (a) an explanation of matters included in the plan and specified in the request; and

 (b) an explanation of other matters specified in the request and related to the plan.

 (2) The Board:

 (a) must comply with the request to give an explanation of the specified matters; and

 (b) may give to the Minister an annual operational plan to replace the annual operational plan in relation to which the Minister sought an explanation.

 (3) In deciding whether or not to endorse the annual operational plan, the Minister must take into account any inconsistencies between:

 (a) the annual operational plan and the corporate plan; and

 (b) the annual operational plan and government policies.

If the Minister considers that there are any such inconsistencies, the Minister may give written notice of them to the Board before deciding whether or not to endorse the annual operational plan.

 (4) The Minister must give written notice to the Board of his or her decision to endorse, or not to endorse, the annual operational plan.

 (5) An annual operational plan comes into force on the day on which the Board receives written notice of the Minister’s endorsement.

17  Transitional

Despite the amendments of Part 4 of the Tourism Australia Act 2004 made by this Act, that Part, as in force immediately before the commencement of this Act, continues to apply in relation to:

 (a) a corporate plan, or a revised corporate plan, given to the Minister before the commencement of this Act for his or her approval; and

 (b) an annual operational plan, or a revised annual operational plan, given to the Minister before the commencement of this Act for his or her approval;

as if those amendments had not been made.

18  Paragraph 59(1)(a)

Omit “$5,000,000”, substitute “$3,000,000”.

19  Subsection 60(3) (note)

Omit “46(2) of the Acts Interpretation Act 1901”, substitute “13(3) of the Legislative Instruments Act 2003”.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 14 February 2007

Senate on 22 March 2007]

(24/07)

 

Overview

The Tourism Australia Amendment Act 2007 was enacted by the Parliament of Australia to amend the Tourism Australia Act 2004, addressing gaps and updating provisions to ensure effective governance and management of Tourism Australia. The primary objective of this Act is to enhance the accountability and transparency of Tourism Australia's operations by modifying the processes for the appointment and termination of board members, as well as the endorsement of corporate and operational plans. The Act streamlines the criteria for terminating appointments and introduces a more defined process for the Minister's response to corporate and annual operational plans, ensuring alignment with government policies. Additionally, it revises the financial thresholds and references to relevant legislative instruments to reflect current legal standards. The Parliament's amendments aim to improve the governance framework of Tourism Australia, ensuring that the entity operates efficiently and in line with broader government objectives. The Act's provisions are designed to provide clarity and structure to the decision-making processes, particularly in relation to the endorsement of strategic plans by the Minister. By updating these processes, the Act seeks to reinforce the accountability mechanisms within Tourism Australia, thereby enhancing its effectiveness in promoting tourism in Australia.

Scope and Application

The Tourism Australia Amendment Act 2007 amends the Tourism Australia Act 2004, which establishes Tourism Australia as a statutory corporation responsible for marketing Australia as a tourist destination. This Act applies to Tourism Australia as an entity and its appointed members, governing the conditions and processes for their appointment and termination. The Act operates at the Commonwealth level, thereby extending its influence across Australia and internationally in the tourism sector. The amendments primarily focus on the governance structure and operational oversight of Tourism Australia, including changes to the procedures for terminating the appointment of members and altering the process for the Minister’s endorsement of corporate and operational plans. Notably, the Act reduces the monetary threshold for certain financial approvals within Tourism Australia from $5,000,000 to $3,000,000, reflecting a shift in the scope of the Minister's financial oversight. The Act’s provisions apply to plans and appointments made after its commencement, but transitional provisions ensure continuity for plans and appointments submitted for approval prior to the Act's commencement.

Key Provisions

The Tourism Australia Amendment Act 2007 (C2007A00047) amends the Tourism Australia Act 2004, introducing significant changes to the governance and oversight of Tourism Australia. Key provisions of the Act include the removal of the definition of "government member" (section 3), the modification of provisions regarding the appointment and termination of members (sections 14 and 20), and the alteration of the Minister's role in endorsing corporate and operational plans (sections 35 and 37). The Act also introduces new procedures for the Minister to request explanations of matters in corporate and annual operational plans and allows the Minister to endorse rather than approve these plans (sections 35(4) and 36(5)). Furthermore, the Act lowers the monetary limit for certain fines from $5,000,000 to $3,000,000 (section 59(1)(a)), and updates the reference to a legislative instrument (section 60(3)). The Tourism Australia Amendment Act 2007 imposes specific obligations on Tourism Australia and its Board, including the requirement to submit corporate and annual operational plans to the Minister for endorsement (sections 35 and 37). The Minister is tasked with reviewing these plans for consistency with government policies and must provide written notice of any inconsistencies before endorsing or rejecting the plans. The Act also mandates that the Board must comply with requests from the Minister for explanations of matters included in these plans and may provide revised plans if requested. Additionally, the Act outlines the process for the Minister to terminate the appointment of an appointed member under certain conditions, such as a resolution by the Board or unsatisfactory performance (section 20). The Act includes provisions that establish civil and criminal consequences for breaches of its provisions. While specific penalties are not detailed within the provided text, the amendment of the monetary limit for fines from $5,000,000 to $3,000,000 (section 59(1)(a)) indicates a reduction in the maximum penalty for certain offences. The Act also updates the reference to a legislative instrument (section 60(3)), likely to ensure compliance with current legislative frameworks and to maintain the enforceability of the Act. These amendments aim to enhance the governance structure of Tourism Australia and ensure better alignment with government policies.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers

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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.