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This is a Bill, not an Act. For current law, see the Acts databases.


DESTINATION NSW BILL 2011




                              New South Wales




Destination NSW Bill 2011

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to establish Destination NSW as a government agency
having functions in relation to the development of tourism and the procuring of major
events.

Outline of provisions
Part 1         Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act.




b2011-065-35.d11
Destination NSW Bill 2011

Explanatory note




Part 2       Constitution and management of Destination
             NSW
Clause 4 constitutes Destination NSW as a body corporate.
Clause 5 makes Destination NSW a NSW Government agency, which has the effect
of conferring the status, privileges and immunities of the Crown on Destination
NSW.
Clause 6 makes Destination NSW subject to the control and direction of the
Minister.
Clause 7 establishes a Board of Management of Destination NSW that will consist
of the following members:
(a) the Chairperson who is appointed by the Minister,
(b) other persons with relevant skills and experience who are appointed by the
       Minister,
(c) the Chief Executive Officer of Destination NSW,
(d) the Director-General of the Department of Trade and Investment, Regional
       Infrastructure and Services (or his or her nominee).
Clause 8 gives the Board the primary responsibility for the operation of Destination
NSW by providing that all decisions relating to the functions of Destination NSW are
to be made by or under the authority of the Board, but subject to any direction of the
Minister. The Board will also be required to provide the Minister with any
information relating to the functions of Destination NSW that the Minister requests.
Clause 9 provides for the appointment by the Minister of the Chief Executive
Officer of Destination NSW who will be responsible for the day to day operations of
Destination NSW in accordance with the directions of the Board.
Clause 10 enables the Minister to appoint a person to act in the office of Chief
Executive Officer.
Clause 11 provides for the staff of Destination NSW.

Part 3       Functions of Destination NSW
Clause 12 provides that the principal object of Destination NSW is to achieve
economic and social benefits for the people of New South Wales through the
development of tourism and the securing of major events.
Clause 13 sets out the functions of Destination NSW, which include marketing and
promoting New South Wales as a tourist destination and as a destination for the
hosting of major events. Destination NSW will also have functions relating to the
implementation of strategic plans approved by the Minister.
Clause 14 enables Destination NSW to delegate its functions.
Clause 15 provides for the exercise of Destination NSW's functions through
partnerships, joint ventures or other associations with any person or body.


Explanatory note page 2
Destination NSW Bill 2011

Explanatory note




Clause 16 authorises Destination NSW to acquire land for tourism-related purposes
in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

Part 4       Miscellaneous
Clause 17 provides that the proposed Act binds the Crown.
Clause 18 prohibits the disclosure of information obtained in connection with the
administration of the proposed Act.
Clause 19 requires disclosure of conflicts of interest of members of the Board of
Management of Destination NSW or the Chief Executive Officer of Destination
NSW, and provides for the management of any such conflict of interest.
Clause 20 excludes Destination NSW, the Board of Management of Destination
NSW, the Chief Executive Officer or a person acting under their direction from
personal liability for an act or omission done in good faith for the purpose of
executing the proposed Act.
Clause 21 provides for the manner in which proceedings for offences under the
proposed Act may be taken.
Clause 22 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 23 provides for the review of the proposed Act in 5 years.

Schedule 1             Members and procedure of Board of
                       Management of Destination NSW
Schedule 1 contains provisions relating to members and procedure of the Board of
Management of Destination NSW that are the standard provisions for boards of
statutory corporations.

Schedule 2             Savings, transitional and other
                       provisions
Schedule 2 provides for the making of regulations of a savings or transitional nature
consequent on the enactment of the proposed Act. The Schedule also abolishes
Tourism New South Wales and provides for the transfer of its assets, rights and
liabilities to Destination NSW.

Schedule 3             Amendment of other Acts
Schedule 3.1 amends the Public Finance and Audit Act 1983 to provide for financial
auditing and annual reporting by Destination NSW.




                                                              Explanatory note page 3
Destination NSW Bill 2011

Explanatory note




Schedule 3.2 amends the Public Sector Employment and Management Act 2002:
(a) to rename the Tourism New South Wales Division (which is currently a
     Special Employment Division of the Government Service) as the Destination
     NSW Division, and
(b) to remove the position of General Manager of Tourism New South Wales from
     the list of chief executive positions and replace it with the position of Chief
     Executive Officer of Destination NSW.

Schedule 4                Repeal of Tourism New South Wales Act
                          1984 No 46
Schedule 4 repeals the Tourism New South Wales Act 1984.




Explanatory note page 4
                                                               First print




                                 New South Wales




Destination NSW Bill 2011


Contents

                                                                     Page
Part 1         Preliminary
                    1   Name of Act                                     2
                    2   Commencement                                    2
                    3   Definitions                                     2

Part 2         Constitution and management of Destination NSW
                    4   Constitution of Destination NSW                 3
                    5   Status of Destination NSW                       3
                    6   Ministerial control                             3
                    7   Establishment of Board of Management            3
                    8   Board's role                                    3
                    9   Chief Executive Officer                         4
                   10   Acting Chief Executive Officer                  4
                   11   Staff of Destination NSW                        4



b2011-065-35.d11
Destination NSW Bill 2011

Contents

                                                                       Page
Part 3       Functions of Destination NSW
              12    Principal object of Destination NSW                  5
              13    General functions of Destination NSW                 5
              14    Delegation of Destination NSW's functions            6
              15    Exercise of functions through joint ventures etc     6
              16    Acquisition of land                                  6

Part 4       Miscellaneous
              17    Act to bind Crown                                    7
              18    Disclosure of information                            7
              19    Disclosure of pecuniary interests                    7
              20    Personal liability                                   9
              21    Proceedings for offences                             9
              22    Regulations                                          9
              23    Review of Act                                        9

Schedule 1          Members and procedure of Board
                    of Management of Destination NSW                    10
Schedule 2          Savings, transitional and other provisions          13
Schedule 3          Amendment of other Acts                             15
Schedule 4          Repeal of Tourism New South Wales Act
                    1984 No 46                                          16




Contents page 2
                          New South Wales




Destination NSW Bill 2011
No     , 2011


A Bill for

An Act to constitute and confer functions on Destination NSW; and for other
purposes.
Clause 1          Destination NSW Bill 2011

Part 1            Preliminary




The Legislature of New South Wales enacts:                                              1


Part 1         Preliminary                                                              2

  1      Name of Act                                                                    3

               This Act is the Destination NSW Act 2011.                                4

  2      Commencement                                                                   5

               This Act commences on a day or days to be appointed by proclamation.     6

  3      Definitions                                                                    7

         (1)   In this Act:                                                             8
               Board means the Board of Management of Destination NSW                   9
               established under Part 2.                                               10
               Chief Executive Officer means the Chief Executive Officer of            11
               Destination NSW.                                                        12
               Destination NSW means Destination NSW constituted under Part 2.         13
               function includes a power, authority or duty, and exercise a function   14
               includes perform a duty.                                                15

         (2)   Notes included in this Act do not form part of this Act.                16




Page 2
Destination NSW Bill 2011                                                   Clause 4

Constitution and management of Destination NSW                              Part 2




Part 2       Constitution and management of Destination                                       1
             NSW                                                                              2

  4   Constitution of Destination NSW                                                         3

             There is constituted by this Act a body corporate with the corporate             4
             name of Destination NSW.                                                         5

  5   Status of Destination NSW                                                               6

             Destination NSW is, for the purposes of any Act, a NSW Government                7
             agency.                                                                          8

  6   Ministerial control                                                                     9

             Destination NSW is subject to the control and direction of the Minister         10
             in the exercise of its functions.                                               11

  7   Establishment of Board of Management                                                   12

       (1)   There is to be a Board of Management of Destination NSW.                        13

       (2)   The Board is to consist of the following members:                               14
             (a) a person appointed by the Minister as the Chairperson of the                15
                  Board,                                                                     16
             (b) such other persons with relevant skills and experience as are               17
                  appointed by the Minister,                                                 18
             (c) the Chief Executive Officer,                                                19
             (d) the Director-General of the Department of Trade and Investment,             20
                  Regional Infrastructure and Services or a person nominated by              21
                  the Director-General.                                                      22
             Note. Schedule 1 contains provisions relating to the members and procedure of   23
             the Board.                                                                      24

       (3)   The Board may establish committees to give advice and assistance to             25
             the Board in connection with any particular matter or function of the           26
             Board. It does not matter that some or all of the members of any                27
             committee are not members of the Board.                                         28

  8   Board's role                                                                           29

       (1)   All decisions relating to the functions of Destination NSW are to be            30
             made by or under the authority of the Board, but subject to any direction       31
             of the Minister.                                                                32

       (2)   Any act, matter or thing done in the name of, or on behalf of,                  33
             Destination NSW by or under the authority of the Board is taken to have         34
             been done by Destination NSW.                                                   35




                                                                                 Page 3
Clause 9          Destination NSW Bill 2011

Part 2            Constitution and management of Destination NSW




         (3)   The Board must give the Minister any information about the exercise of             1
               the functions of Destination NSW that the Minister requests.                       2

  9      Chief Executive Officer                                                                  3

         (1)   The Minister may appoint a Chief Executive Officer of Destination                  4
               NSW.                                                                               5

         (2)   The employment of the Chief Executive Officer is subject to Part 3.1 of            6
               the Public Sector Employment and Management Act 2002, but is not                   7
               subject to Chapter 1A of that Act.                                                 8

         (3)   The Chief Executive Officer is responsible for the day to day                      9
               management of the operations of Destination NSW in accordance with                10
               the directions of the Board.                                                      11

10       Acting Chief Executive Officer                                                          12

         (1)   The Minister may, from time to time, appoint a person to act in the               13
               office of the Chief Executive Officer during the illness or absence of the        14
               Chief Executive Officer (or during a vacancy in the office of Chief               15
               Executive Officer) and the person, while so acting, has all the functions         16
               of the Chief Executive Officer and is taken to be the Chief Executive             17
               Officer.                                                                          18

         (2)   The Minister may, at any time, remove a person from office as acting              19
               Chief Executive Officer.                                                          20

         (3)   An acting Chief Executive Officer is entitled to be paid such                     21
               remuneration (including travelling and subsistence allowances) as the             22
               Minister may from time to time determine.                                         23

11       Staff of Destination NSW                                                                24

         (1)   Destination NSW may arrange for the use of the services of any staff              25
               (whether by way of secondment or otherwise) or of any facilities of any           26
               government agency to enable Destination NSW to exercise its                       27
               functions.                                                                        28

         (2)   Destination NSW cannot employ any staff.                                          29
               Note. Staff may be employed under Chapter 1A of the Public Sector                 30
               Employment and Management Act 2002 in the Government Service to enable            31
               Destination NSW to exercise its functions. Under section 4K of that Act, a        32
               reference in this Act to a member of staff of Destination NSW is a reference to   33
               staff so employed or to persons of whose services Destination NSW makes use.      34




Page 4
Destination NSW Bill 2011                                               Clause 12

Functions of Destination NSW                                            Part 3




Part 3       Functions of Destination NSW                                                 1

12    Principal object of Destination NSW                                                 2

             The principal object of Destination NSW is to achieve economic and           3
             social benefits for the people of New South Wales through the                4
             development of tourism and the securing of major events.                     5

13    General functions of Destination NSW                                                6

       (1)   Destination NSW has the following functions:                                 7
              (a) to market and promote New South Wales as a tourist destination          8
                   and as a destination for the hosting of major events,                  9
              (b) to promote travel to and within New South Wales,                       10
              (c) to promote major events,                                               11
              (d) to identify, attract and procure major events for New South            12
                   Wales,                                                                13
              (e) to develop tourism ventures,                                           14
              (f) to implement strategic plans, as approved by the Minister from         15
                   time to time, relating to the development of tourism and the          16
                   procurement of major events,                                          17
              (g) to prepare, at least 3 months before the beginning of each             18
                   financial year of Destination NSW, a corporate and business plan      19
                   for the financial year for approval by the Minister,                  20
              (h) to prepare, on such occasions as the Board requires, an                21
                   operational plan for approval by the Board,                           22
               (i) to construct, establish, maintain and operate tourist facilities,     23
               (j) to establish, maintain and conduct enterprises relating to tourism,   24
              (k) to provide travel and information services relating to tourism,        25
               (l) to market travel and related services,                                26
             (m) to carry out (or arrange for the carrying out of) research in           27
                   relation to tourism and major events.                                 28

       (2)   Destination NSW has such other functions as are conferred or imposed        29
             on it by or under this or any other Act.                                    30

       (3)   Destination NSW may exercise its functions within or outside New            31
             South Wales.                                                                32

       (4)   A reference in subsection (1):                                              33
             (a) to New South Wales includes a reference to any part (such as a          34
                   region) of New South Wales, and                                       35




                                                                              Page 5
Clause 14         Destination NSW Bill 2011

Part 3            Functions of Destination NSW




               (b)   to a major event includes a reference to an event that is expected     1
                     to provide significant economic or cultural benefits to New South      2
                     Wales or any part of New South Wales.                                  3

14       Delegation of Destination NSW's functions                                          4

         (1)   Destination NSW may delegate to an authorised person any of its              5
               functions, other than this power of delegation.                              6

         (2)   A delegate may sub-delegate to an authorised person any function             7
               delegated by Destination NSW if the delegate is authorised in writing to     8
               do so by Destination NSW.                                                    9

         (3)   In this section, authorised person means:                                   10
                (a) the Chief Executive Officer, or                                        11
               (b) a member of the staff of Destination NSW, or                            12
                (c) a person, a committee of persons or a person of a class approved       13
                      by the Minister or prescribed by the regulations.                    14

15       Exercise of functions through joint ventures etc                                  15

               Any function of Destination NSW may be exercised:                           16
               (a) by Destination NSW itself, or                                           17
               (b) by Destination NSW in a partnership, joint venture or other             18
                     association with public or local authorities or other persons or      19
                     bodies.                                                               20

16       Acquisition of land                                                               21

         (1)   Destination NSW may, for the purpose of providing any site to facilitate    22
               the development of tourism, acquire land by agreement or compulsory         23
               process in accordance with the Land Acquisition (Just Terms                 24
               Compensation) Act 1991.                                                     25

         (2)   For the purposes of the Public Works Act 1912, any such acquisition of      26
               land is taken to be an authorised work and Destination NSW is, in           27
               relation to that authorised work, taken to be the Constructing Authority.   28

         (3)   Sections 34-37 of the Public Works Act 1912 do not apply in relation to     29
               works constructed under this Act.                                           30




Page 6
Destination NSW Bill 2011                                               Clause 17

Miscellaneous                                                           Part 4




Part 4       Miscellaneous                                                                1

17    Act to bind Crown                                                                   2

             This Act binds the Crown in right of New South Wales and, in so far as       3
             the legislative power of the Parliament of New South Wales permits, the      4
             Crown in all its other capacities.                                           5

18    Disclosure of information                                                           6

             A person must not disclose any information obtained in connection with       7
             the administration or execution of this Act unless that disclosure is        8
             made:                                                                        9
              (a) with the consent of the person from whom the information was           10
                   obtained, or                                                          11
             (b) in connection with the administration or execution of this Act, or      12
              (c) for the purposes of any legal proceedings arising out of this Act      13
                   or of any report of any such proceedings, or                          14
             (d) in accordance with a requirement made under the Ombudsman               15
                   Act 1974, or                                                          16
              (e) with other lawful excuse.                                              17
             Maximum penalty: 10 penalty units.                                          18

19    Disclosure of pecuniary interests                                                  19

       (1)   In this section:                                                            20
             Board member means the Chairperson or other member of the Board.            21

       (2)   If:                                                                         22
              (a)   a Board member has a direct or indirect pecuniary interest in a      23
                    matter being considered or about to be considered at a meeting of    24
                    the Board, and                                                       25
             (b) the interest appears to raise a conflict with the proper                26
                    performance of the Board member's duties in relation to the          27
                    consideration of the matter,                                         28
             the Board member must, as soon as possible after the relevant facts have    29
             come to the Board member's knowledge, disclose the nature of the            30
             interest at a meeting of the Board.                                         31

       (3)   If:                                                                         32
              (a)   the Chief Executive Officer has a direct or indirect pecuniary       33
                    interest in a matter being considered or about to be considered by   34
                    the Chief Executive Officer in connection with his or her            35
                    functions (otherwise than at a meeting of the Board), and            36




                                                                              Page 7
Clause 19         Destination NSW Bill 2011

Part 4            Miscellaneous




               (b)    the interest appears to raise a conflict with the proper              1
                      performance of the Chief Executive Officer's duties in relation to    2
                      the consideration of the matter,                                      3
               the Chief Executive Officer must, as soon as possible after the relevant     4
               facts have come to his or her knowledge, disclose the nature of the          5
               interest to the Minister.                                                    6

         (4)   A disclosure by a Board member at a meeting of the Board that the            7
               Board member, or by the Chief Executive Officer to the Minister that         8
               the Chief Executive Officer:                                                 9
                (a) is a member, or is in the employment, of a specified company or        10
                      other body, or                                                       11
               (b) is a partner, or is in the employment, of a specified person, or        12
                (c) has some other specified interest relating to a specified company      13
                      or other body or to a specified person,                              14
               is a sufficient disclosure of the nature of the interest in any matter      15
               relating to that company or other body or to that person which may arise    16
               after the date of the disclosure and which is required to be disclosed      17
               under this section.                                                         18

         (5)   Particulars of any disclosure made under this section must be recorded      19
               by Destination NSW in a book kept for the purpose and that book must        20
               be open at all reasonable hours to inspection by any person.                21

         (6)   After a Board member has disclosed the nature of an interest in any         22
               matter, the Board member must not, unless the Minister or the Board         23
               otherwise determines:                                                       24
               (a) be present during any deliberation of the Board with respect to         25
                     the matter, or                                                        26
               (b) take part in any decision of the Board with respect to the matter.      27

         (7)   For the purposes of the making of a determination by the Board under        28
               subsection (6), a Board member who has a direct or indirect pecuniary       29
               interest in a matter to which the disclosure relates must not:              30
                (a) be present during any deliberation of the Board for the purpose of     31
                      making the determination, or                                         32
               (b) take part in the making by the Board of the determination.              33

         (8)   After the Chief Executive Officer has disclosed the nature of an interest   34
               in any matter to the Minister, the Chief Executive Officer must not,        35
               unless the Minister otherwise determines, exercise his or her functions     36
               with respect to the matter.                                                 37

         (9)   A contravention of this section does not invalidate any decision of the     38
               Board or the Chief Executive Officer.                                       39




Page 8
Destination NSW Bill 2011                                                Clause 20

Miscellaneous                                                            Part 4




20    Personal liability                                                                   1
             A matter or thing done or omitted to be done by:                              2
              (a) Destination NSW, or                                                      3
             (b) the Board, or                                                             4
              (c) the Chief Executive Officer, or                                          5
             (d) a person acting under the direction of Destination NSW, the               6
                    Board or the Chief Executive Officer,                                  7
             does not, if the matter or thing was done or omitted to be done in good       8
             faith for the purposes of executing this Act, subject a member of the         9
             Board, the Chief Executive Officer or a person so acting personally to       10
             any action, liability, claim or demand.                                      11

21    Proceedings for offences                                                            12

             Proceedings for an offence under this Act may be taken before the Local      13
             Court.                                                                       14

22    Regulations                                                                         15

             The Governor may make regulations, not inconsistent with this Act, for       16
             or with respect to any matter that by this Act is required or permitted to   17
             be prescribed or that is necessary or convenient to be prescribed for        18
             carrying out or giving effect to this Act.                                   19

23    Review of Act                                                                       20

       (1)   The Minister is to review this Act to determine whether the policy           21
             objectives of the Act remain valid and whether the terms of the Act          22
             remain appropriate for securing those objectives.                            23

       (2)   The review is to be undertaken as soon as possible after the period of       24
             5 years from the date of assent to this Act.                                 25

       (3)   A report on the outcome of the review is to be tabled in each House of       26
             Parliament within 12 months after the end of the period of 5 years.          27




                                                                              Page 9
                Destination NSW Bill 2011

Schedule 1      Members and procedure of Board of Management of Destination NSW




Schedule 1            Members and procedure of Board of                                   1
                      Management of Destination NSW                                       2


Part 1       Preliminary                                                                  3

 1    Definitions                                                                         4

             In this Schedule:                                                            5
             appointed member means a member of the Board who is appointed by             6
             the Minister.                                                                7
             Chairperson means the Chairperson of the Board.                              8
             member means an appointed or ex-officio member of the Board.                 9


Part 2       Members                                                                     10

 2    Terms of office of appointed members                                               11

             Subject to this Schedule, an appointed member holds office for the          12
             period (not exceeding 5 years) specified in the member's instrument of      13
             appointment, but is eligible (if otherwise qualified) for re-appointment.   14

 3    Remuneration of appointed members                                                  15

             An appointed member is entitled to be paid such remuneration                16
             (including travelling and subsistence allowances) as the Minister may       17
             from time to time determine in respect of the member.                       18

 4    Vacancy in office of appointed member                                              19

      (1)    The office of an appointed member becomes vacant if the member:             20
             (a) dies, or                                                                21
             (b) completes a term of office and is not re-appointed, or                  22
             (c) resigns the office by instrument in writing addressed to the            23
                   Minister, or                                                          24
             (d) is removed from office by the Minister under this clause, or            25
             (e) is absent from 4 consecutive meetings of the Board of which             26
                   reasonable notice has been given to the member personally or by       27
                   post, except on leave granted by the Minister or unless the           28
                   member is excused by the Minister for having been absent from         29
                   those meetings, or                                                    30
             (f) becomes bankrupt, applies to take the benefit of any law for the        31
                   relief of bankrupt or insolvent debtors, compounds with his or her    32
                   creditors or makes an assignment of his or her remuneration for       33
                   their benefit, or                                                     34




Page 10
Destination NSW Bill 2011

Members and procedure of Board of Management of Destination NSW           Schedule 1




             (g)    becomes a mentally incapacitated person, or                             1
             (h)    is convicted in New South Wales of an offence that is punishable        2
                    by imprisonment for 12 months or more or is convicted                   3
                    elsewhere than in New South Wales of an offence that, if                4
                    committed in New South Wales, would be an offence so                    5
                    punishable.                                                             6

       (2)   The Minister may remove an appointed member from office at any time.           7

  5   Filling of vacancy in office of appointed member                                      8

             If the office of any appointed member becomes vacant, a person is,             9
             subject to this Act, to be appointed to fill the vacancy.                     10

  6   Effect of certain other Acts                                                         11

       (1)   Chapter 1A of the Public Sector Employment and Management Act                 12
             2002 does not apply to or in respect of the appointment of an appointed       13
             member.                                                                       14

       (2)   If by or under any Act provision is made:                                     15
              (a) requiring a person who is the holder of a specified office to            16
                    devote the whole of his or her time to the duties of that office, or   17
             (b) prohibiting the person from engaging in employment outside the            18
                    duties of that office,                                                 19
             the provision does not operate to disqualify the person from holding that     20
             office and also the office of an appointed member or from accepting and       21
             retaining any remuneration payable to the person under this Act as a          22
             member.                                                                       23


Part 3       Procedure                                                                     24

  7   General procedure                                                                    25

             The procedure for the calling of meetings of the Board and for the            26
             conduct of business at those meetings is, subject to this Act and the         27
             regulations, to be as determined by the Board.                                28

  8   Quorum                                                                               29

             The quorum for a meeting of the Board is a majority of the members for        30
             the time being.                                                               31

  9   Presiding member                                                                     32

       (1)   The Chairperson (or, in the absence of the Chairperson, a person elected      33
             by the members of the Board who are present at a meeting of the Board)        34
             is to preside at a meeting of the Board.                                      35




                                                                              Page 11
                Destination NSW Bill 2011

Schedule 1      Members and procedure of Board of Management of Destination NSW




      (2)    The presiding member has a deliberative vote and, in the event of an       1
             equality of votes, has a second or casting vote.                           2

10    Voting                                                                            3

             A decision supported by a majority of the votes cast at a meeting of the   4
             Board at which a quorum is present is the decision of the Board.           5

11    First meeting                                                                     6

             The Chairperson may call the first meeting of the Board in such manner     7
             as the Chairperson thinks fit.                                             8




Page 12
Destination NSW Bill 2011

Savings, transitional and other provisions                                 Schedule 2




Schedule 2               Savings, transitional and other                                     1
                         provisions                                                          2


Part 1        General                                                                        3

  1    Regulations                                                                           4

       (1)    The regulations may contain provisions of a savings or transitional            5
              nature consequent on the enactment of the following Acts:                      6
              this Act                                                                       7

       (2)    Any such provision may, if the regulations so provide, take effect from        8
              the date of assent to the Act concerned or a later date.                       9

       (3)    To the extent to which any such provision takes effect from a date that       10
              is earlier than the date of its publication on the NSW legislation website,   11
              the provision does not operate so as:                                         12
               (a) to affect, in a manner prejudicial to any person (other than the         13
                      State or an authority of the State), the rights of that person        14
                      existing before the date of its publication, or                       15
              (b) to impose liabilities on any person (other than the State or an           16
                      authority of the State) in respect of anything done or omitted to     17
                      be done before the date of its publication.                           18


Part 2        Provisions consequent on enactment of this                                    19
              Act                                                                           20

  2    Definitions                                                                          21

              In this Part:                                                                 22
              former corporation means Tourism New South Wales constituted                  23
              under the Tourism New South Wales Act 1984 as in force immediately            24
              before its repeal by this Act.                                                25
              repeal date means the date on which the Tourism New South Wales Act           26
              1984 is repealed by this Act.                                                 27

  3    Abolition of former corporation                                                      28

       (1)    On the repeal date:                                                           29
              (a) the former corporation is abolished, and                                  30
              (b) each person appointed as a member of the former corporation               31
                    ceases to hold office as such a member (but is eligible to be           32
                    appointed as a member of the Board of Management of                     33
                    Destination NSW), and                                                   34




                                                                               Page 13
                Destination NSW Bill 2011

Schedule 2         Savings, transitional and other provisions




             (c)      any assets, rights and liabilities of the former corporation become    1
                      the assets, rights and liabilities of Destination NSW.                 2

      (2)    A person who ceases to hold office as a member of the former                    3
             corporation is not entitled to any remuneration or compensation because         4
             of the loss of that office.                                                     5

      (3)    In this clause:                                                                 6
             assets means any legal or equitable estate or interest (whether present or      7
             future and whether vested or contingent and whether personal or                 8
             assignable) in real or personal property of any description (including          9
             money), and includes securities, choses in action and documents.               10
             liabilities means all liabilities, debts and obligations (whether present or   11
             future and whether vested or contingent and whether personal or                12
             assignable).                                                                   13
             rights means all rights, powers, privileges and immunities (whether            14
             present or future and whether vested or contingent and whether personal        15
             or assignable).                                                                16

 4    First corporate and business plan                                                     17

             Destination NSW is to prepare its first corporate and business plan            18
             within the period approved by the Minister for the purposes of this            19
             clause.                                                                        20

 5    Tourism Development Fund                                                              21

             On the repeal date:                                                            22
             (a) the Tourism Development Fund is abolished, and                             23
             (b) any balance standing to the credit of that Fund is transferred to the      24
                   Consolidated Fund.                                                       25

 6    References to Tourism New South Wales                                                 26

             A reference in any other Act, or in any instrument of any kind (including      27
             any contract or agreement) to Tourism New South Wales is to be                 28
             construed as a reference to Destination NSW.                                   29




Page 14
Destination NSW Bill 2011

Amendment of other Acts                                                    Schedule 3




Schedule 3              Amendment of other Acts                                           1


3.1 Public Finance and Audit Act 1983 No 152                                              2

      Schedule 2 Statutory bodies                                                         3

      Insert in alphabetical order:                                                       4

                    Destination NSW                                                       5

3.2 Public Sector Employment and Management Act 2002 No 43                                6

[1]   Schedule 1 Divisions of the Government Service                                      7

      Omit the matter relating to the Tourism New South Wales Division from               8
      Part 3.                                                                             9

      Insert instead in alphabetical order of Divisions:                                 10


       Destination NSW Division (limited to      Director-General of the Department of
       staff employed with the approval of the   Trade and Investment, Regional
       Minister administering the Destination    Infrastructure and Services
       NSW Act 2011)

[2]   Schedule 2 Executive positions (other than non-statutory SES positions)            11

      Omit "General Manager of Tourism New South Wales" from Part 2.                     12

      Insert instead "Chief Executive Officer of Destination NSW".                       13




                                                                               Page 15
               Destination NSW Bill 2011

Schedule 4     Repeal of Tourism New South Wales Act 1984 No 46




Schedule 4           Repeal of Tourism New South Wales Act        1
                     1984 No 46                                   2

The Tourism New South Wales Act 1984 is repealed.                 3




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