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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Entertainment Industry Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to regulate the entertainment industry, and
(b) to provide protections for performers.
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 sets out the objects of the proposed Act.
Clause 4 defines certain words and expressions used in the proposed Act including the terms
performer representative, venue representative, performer and entertainment industry
agreement.
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Explanatory note
Part 2 Entertainment industry obligations
Division 1 Performer representatives
Clause 5 defines performer representative for the purposes of the proposed Act. A performer
representative is defined as a person who, for financial benefit, provides or agrees to provide one
or more of the following services to a performer:
(a) seeking or finding work opportunities for the performer,
(b) negotiating terms of an agreement for, and the conditions of, a performance,
(c) finalising arrangements relating to the payment of the performer,
(d) negotiating arrangements relating to the attendance of the performer at a performance,
(e) administering the agreement between the performer and an entertainment industry hirer,
(f) making arrangements for publicity attendances and related publicity responsibilities of the
performer.
Clause 6 requires a performer representative who receives money on behalf of a performer to hold
that money in trust for the performer and to disburse the money in accordance with the performer's
directions.
Clause 7 requires an entertainment industry representative to keep certain financial statements in
relation to money received on behalf of a performer and to provide copies of those statements to
specified persons.
Clause 8 imposes a duty on a person who acts as both a performer representative and a venue
representative for a performance to inform both the performer and entertainment industry hirer
concerned of that fact.
Clause 9 defines the capped amount payable to a performer representative by a performer as
being the percentage, prescribed by the regulations, of the remuneration payable to the performer.
Clause 10 defines entertainment industry managerial agreement as an entertainment industry
agreement:
(a) that is in writing, and
(b) under which the performer representative agrees to provide services in relation to the
management of the reputation, career or career development of the performer that are in
addition to the services referred to in section 5, and
(c) that fixes the fees payable by the performer in respect of the services specified in the
agreement, and
(d) that contains an acknowledgment by the performer of the following:
(i) that the performer understands the effect of the acknowledgment,
(ii) that the performer understands the cooling-off period provided by the proposed Act,
(iii) that the performer has received the information required to be provided by the
performer representative under the proposed Act.
Clause 11 prohibits a performer representative from demanding fees or remuneration that exceeds
the capped amount, demanding joining or audition fees or a retention or retainer fee or, if the
performer representative is also a venue representative in respect of a performance, demanding
remuneration from the performer in certain circumstances. The fees or remuneration payable may
exceed the capped amount if the parties have entered into an entertainment industry managerial
agreement.
Clause 12 provides for a cooling-off period for entertainment industry managerial agreements
during which the performer may terminate the agreement. The agreement may provide for certain
services to continue to be provided to the performer, subject to the fee cap, if the performer gives
notice of termination during the cooling-off period. The proposed provision also provides for the
remuneration of the performer representative in respect of services provided before notice of
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Entertainment Industry Bill 2013 [NSW]
Explanatory note
termination during the cooling-off period and for the waiver of the cooling-off period by a
performer.
Clause 13 requires a performer representative to provide certain information to a performer or
prospective performer before entering into an entertainment industry agreement.
Clause 14 requires a performer representative to keep certain records with respect to the
performer representative's business as such for a period of 5 years from the making of any such
record.
Division 2 Venue representatives
Clause 15 defines venue representative for the purposes of the proposed Act. A venue
representative is a person who, for financial benefit, arranges a performance by a performer on
behalf of an entertainment industry hirer.
Clause 16 requires a venue representative to disburse any money received for a performer within
14 days after receiving the money.
Clause 17 requires a venue representative to keep certain records with respect to the venue
representative's business as such for a period of 5 years from the making of any such record.
Division 3 Entertainment industry hirers
Clause 18 requires an entertainment industry hirer to make a payment to a performer within
1 calendar month of the performance, or such other period as may be agreed between the
performer and entertainment industry hirer.
Clause 19 requires an entertainment industry hirer to keep certain records with respect to
payments made to entertainment industry representatives for the services of performers for a
period of 5 years from the making of the record.
Part 3 Enforcement
Division 1 Undertakings
Clause 20 provides that the Secretary of the Treasury (the Secretary) may accept an undertaking
from an entertainment industry representative or entertainment industry hirer if the Secretary
reasonably believes that the representative or hirer has failed to disburse funds as required by the
proposed Act or, in the case of a performer representative, has breached the code of conduct.
Clause 21 allows the Local Court to make certain orders with respect to the breach of a term of
an undertaking. The orders may include orders requiring the person to comply with the
undertaking, to pay an amount to the State not exceeding the financial benefit obtained from the
breach and to pay compensation to any person who suffered loss or damage as a result of the
breach.
Division 2 Entertainment industry prohibition orders
Clause 22 provides that, for the purposes of the proposed Division, a director of a corporation
includes a person who is concerned in the management of the corporation.
Clause 23 authorises the Secretary to require a performer representative or the director of a
corporation that carries on the business of a performer representative, to show cause why the
performer representative or director should not be prohibited from carrying on the business of a
performer representative or from being a director of such a corporation. The Secretary may impose
such a requirement only if of the opinion that the performer representative or director has engaged
in unlawful conduct.
Clause 24 authorises the Secretary, after asking a performer representative or director of a
corporation that carries on the business of a performer representative to show cause why the
performer representative or director should not be prohibited from carrying on the business of a
performer representative or being a director of such a corporation, to seek an order from the
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Entertainment Industry Bill 2013 [NSW]
Explanatory note
Supreme Court prohibiting the representative or director from carrying on the business of a
performer representative or from being a director of such a corporation.
Division 3 Authorised officers
Clause 25 defines authorised officer, for the purposes of the proposed Act, as:
(a) a person appointed as an inspector for the purposes of the Industrial Relations Act 1996, or
(b) any other person, eligible to be appointed as an inspector under that Act, who is authorised
by the Secretary or the Minister to exercise the functions of an authorised officer under the
proposed Act.
Clause 26 enables an authorised officer to enter and inspect premises which the officer believes
to be premises at which a person carries on the business of an entertainment industry hirer or
entertainment industry representative and, while on the premises, to exercise certain functions for
the purpose of determining whether an entertainment industry representative or entertainment
industry hirer has engaged in unlawful conduct.
Clause 27 enables an authorised officer to apply for a search warrant for premises if the
authorised officer has reasonable grounds for believing that a provision of the proposed Act or the
regulations has been or is being contravened.
Clause 28 makes it an offence for a person, without reasonable excuse to:
(a) obstruct or hinder an authorised officer in the exercise of a function under the proposed
Division, or
(b) fail to comply with a requirement of an authorised officer under the proposed Division.
Part 4 Disclosure of information about contraventions
Clause 29 authorises the Secretary to keep a register of information about offences against the
proposed Act or the regulations, undertakings or entertainment industry prohibition orders and
orders of the Local Court for a breach of a civil penalty provision of the proposed Act.
Clause 30 provides that the register is to be made available for public inspection on the website
of the Treasury.
Clause 31 provides for the correction of any error or omission in the information in the register.
Clause 32 provides for the removal of certain information from the register, including
information relating to a conviction that has been quashed or annulled or information relating to
a conviction if 2 years have elapsed since the conviction.
Part 5 General
Clause 33 provides that a person must not disclose information obtained in connection with the
administration or execution of the proposed Act except in certain
circumstances.
Clause 34 provides for the issuing of penalty notices for offences under the proposed Act or the
regulations.
Clause 35 allows the Secretary to delegate his or her functions under the proposed Act.
Clause 36 provides that persons exercising functions under the proposed Act do not incur
personal liability for acts done or omitted to be done in good faith under the proposed Act.
Clause 37 provides that the directors and other persons engaged in the management of a
corporation that contravenes a provision of the proposed Act or the regulations are taken to have
engaged in the same contravention and may be prosecuted or convicted in respect of that conduct.
Clause 38 provides that the provisions of the proposed Act have effect despite any contract or
agreement to the contrary.
Clause 39 provides for the service of documents under the proposed Act.
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Entertainment Industry Bill 2013 [NSW]
Explanatory note
Clause 40 provides for the service of documents on the Secretary under the proposed Act.
Clause 41 provides that proceedings for an offence under the proposed Act may be taken and
prosecuted by any person acting with the authority of the Secretary and are to be dealt with in the
ocal Court.
Clause 42 identifies the contravention of certain provisions of the proposed Act or of the code of
conduct as being contraventions that will incur a civil penalty. The contravention of such a
provision is not an offence and the rules of court applying to civil proceedings are to apply to
proceedings for a contravention.
Clause 43 makes it clear that a person cannot be both convicted of an offence and the subject of
a civil penalty in respect of essentially the same act or omission.
Clause 44 enables the Governor to make regulations for the purposes of the proposed Act.
Clause 45 provides for a review of the proposed Act in 8 years and an interim review to be
conducted in 3 years.
Clause 46 provides for the repeal of the Entertainment Industry Act 1989 and the Entertainment
Industry Regulation 2004.
Schedule 1 Code of conduct
Schedule 1 sets out the code of conduct for performer representatives.
Schedule 2 Savings, transitional and other provisions
Schedule 2 contains savings, transitional and other provisions consequent on the enactment of the
proposed Act.
Schedule 3 Amendment of other Acts
Schedule 3 makes consequential amendments to the Acts specified in the Schedule.
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First print
New South Wales
Entertainment Industry Bill 2013
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
Part 2 Entertainment industry obligations
Division 1 Performer representatives
5 Performer representative 4
6 Trust accounts to be established by performer representatives 4
7 Financial statements for money received for performers 5
8 Duty of disclosure 6
9 Capped amount of performer representative fees 6
10 Entertainment industry managerial agreement 6
11 Fees of performer representatives 7
12 Cooling-off period for agreements including additional fee
acknowledgment 7
13 Performer representatives to provide information to performers 8
14 Records to be kept by performer representatives 8
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Entertainment Industry Bill 2013 [NSW]
Contents
Page
Division 2 Venue representatives
15 Venue representative 8
16 Venue representative to disburse funds 9
17 Records to be kept by venue representatives 9
Division 3 Entertainment industry hirers
18 Time for making of payment by entertainment industry hirers 9
19 Records to be kept by entertainment industry hirers 9
Part 3 Enforcement
Division 1 Undertakings
20 Secretary may accept undertakings 11
21 Enforcement of undertakings 11
Division 2 Entertainment industry prohibition orders
22 Definition 11
23 Secretary may require person to show cause 11
24 Entertainment industry prohibition orders 12
Division 3 Authorised officers
25 Definition 13
26 Authorised officer's powers 13
27 Search warrants 14
28 Offence to obstruct etc authorised officer 14
Part 4 Disclosure of information about contraventions
29 Secretary may keep register 15
30 Publication of information on register 15
31 Correction of register 16
32 Removal of information from register 16
Part 5 General
33 Disclosure of relevant information 17
34 Penalty notices 17
35 Delegation 18
36 Personal liability 18
37 Liability of directors and managers of corporations 18
38 Contracting out void 18
39 Service of documents 18
40 Service of documents on the Secretary 19
41 Proceedings for offences 19
42 Civil penalty for breaches 19
43 Double jeopardy 20
44 Regulations 20
45 Review of Act 20
46 Repeal of Act and regulation 21
Schedule 1 Code of conduct 22
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Entertainment Industry Bill 2013 [NSW]
Contents
Page
Schedule 2 Savings, transitional and other provisions 24
Schedule 3 Amendment of other Acts 26
Page 3
New South Wales
Entertainment Industry Bill 2013
No , 2013
A Bill for
An Act to provide for the regulation of the entertainment industry; and for other purposes.
Entertainment Industry Bill 2013 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Entertainment Industry Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Objects of Act 7
The objects of this Act are: 8
(a) to provide effective, fair and consistent regulation of the entertainment 9
industry, and 10
(b) to provide protections for performers. 11
4 Definitions 12
(1) In this Act: 13
authorised officer--see section 25. 14
business day means a day that is not a Saturday, a Sunday or a public holiday 15
throughout New South Wales. 16
capped amount--see section 9. 17
civil penalty order means an order under section 42. 18
code of conduct means the code of conduct for performer representatives set out in 19
Schedule 1. 20
director of a corporation means a person who is a director of a corporation within the 21
meaning of the Corporations Act 2001 of the Commonwealth. 22
entertainment industry agreement means an agreement between a performer and a 23
performer representative for the performer representative to provide one or more of 24
the services referred to in section 5. 25
entertainment industry hirer means a person who engages or contracts any 26
performer for the purpose of a performance. 27
entertainment industry managerial agreement--see section 10. 28
entertainment industry prohibition order--see section 24 (2). 29
entertainment industry representative means a performer representative or a venue 30
representative. 31
function includes a power, authority or duty and exercise a function includes 32
perform a duty. 33
performance means: 34
(a) a performance that is given in any place or by the use of any medium for the 35
transmission of sound or images, or both, or 36
(b) a performance that is recorded for the purpose of using the recording in any 37
place or for the transmission of sound or images, or both, 38
and one of the purposes of which is the financial benefit of an entertainment industry 39
hirer or performer, or both. 40
performer means any actor, singer, dancer, acrobat, model, musician or other 41
performer of any kind who enters an entertainment industry agreement with a 42
performer representative. 43
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Entertainment Industry Bill 2013 [NSW]
Part 1 Preliminary
performer representative--see section 5. 1
Secretary means the Secretary of the Treasury. 2
show cause notice means a notice served by the Secretary under section 23. 3
unlawful conduct means conduct by a performer representative that constitutes: 4
(a) a breach of the code of conduct, or 5
(b) a breach of a term of an undertaking given by the performer representative 6
under section 20, or 7
(c) a contravention of a provision of this Act or the regulations, whether or not any 8
proceedings have been brought in respect of the contravention. 9
venue representative--see section 15. 10
(2) In this Act, a reference to an award or industrial agreement is a reference to an 11
award or industrial agreement relating to the employment of performers in the 12
entertainment industry. 13
(3) Notes included in this Act do not form part of this Act. 14
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Entertainment Industry Bill 2013 [NSW]
Part 2 Entertainment industry obligations
Part 2 Entertainment industry obligations 1
Division 1 Performer representatives 2
5 Performer representative 3
In this Act, a performer representative means a person who, for financial benefit, 4
provides or agrees to provide one or more of the following services to a performer 5
(whether or not the agreement also provides for other services to be provided): 6
(a) seeking or finding work opportunities for the performer, 7
(b) negotiating terms of an agreement for, and the conditions of, a performance, 8
(c) finalising arrangements relating to the payment of the performer, 9
(d) negotiating arrangements relating to the attendance of the performer at a 10
performance, 11
(e) administering the agreement between the performer and an entertainment 12
industry hirer, 13
(f) making arrangements for publicity attendances and related publicity 14
responsibilities of the performer, 15
but does not include a person who does so solely as an employee of any such 16
representative. 17
6 Trust accounts to be established by performer representatives 18
(1) A performer representative who receives money on behalf of a performer, from any 19
person, must: 20
(a) hold the money exclusively for the performer, and 21
(b) ensure that the requirements of this Act and the regulations under this Act are 22
complied with in relation to the money. 23
(2) Money received on behalf of a performer by a performer representative that is not 24
paid to the performer immediately (or within such period as may be prescribed by the 25
regulations) must: 26
(a) be paid to the credit of a general trust account at an authorised deposit-taking 27
institution in New South Wales and be held in accordance with the regulations, 28
and 29
(b) be disbursed as directed by the performer within 14 days after the performer 30
representative receives the money. 31
Note. Section 42 provides that the Local Court may order a person to pay a pecuniary 32
penalty not exceeding $10,000 for a contravention of paragraph (b). 33
(3) A trust account under this section must be kept exclusively for the purpose of money 34
received on behalf of a performer. 35
(4) A performer representative must keep accounting records in respect of money 36
received on behalf of a performer. 37
(5) The accounting records must: 38
(a) disclose at all times the true position concerning the money received, and 39
(b) be kept at the principal place of business of the performer representative, and 40
(c) be otherwise kept in accordance with the regulations. 41
(6) The regulations may make provision for or with respect to the administration of trust 42
accounts under this section, in particular: 43
(a) the establishment of trust accounts, and 44
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Entertainment Industry Bill 2013 [NSW]
Part 2 Entertainment industry obligations
(b) the keeping of documents and records by performer representatives. 1
(7) A person who, without reasonable excuse, contravenes a provision of this section 2
(other than subsection (2) (b)) or the regulations under this section is guilty of an 3
offence. 4
Maximum penalty: 75 penalty units. 5
7 Financial statements for money received for performers 6
(1) An entertainment industry representative who receives money on behalf of a 7
performer must, as soon as practicable after receiving the money, give a financial 8
statement to the following persons: 9
(a) the performer, 10
(b) any other entertainment industry representative who has represented the 11
performer, or carried out activities on behalf of the performer, in connection 12
with the performance for which the money has been received, 13
(c) the entertainment industry hirer (or other person) by whom or on whose behalf 14
the money has been paid. 15
(2) A financial statement required to be given to another entertainment industry 16
representative must include: 17
(a) a statement of the amount of money received on behalf of the performer by the 18
representative giving the statement, and 19
(b) a statement of the amount of money paid to the performer for the performance. 20
(3) A financial statement required to be given to a performer must include: 21
(a) a statement of the amount of money received on behalf of the performer by the 22
representative giving the statement, and 23
(b) a statement of the amount of money paid to the performer for each 24
performance, including the following particulars: 25
(i) the method of payment, 26
(ii) any deduction from the money received by the representative that has 27
been made for the representative's fee or other remuneration, 28
(iii) any deduction from the money received by the representative that has 29
been made for expenses incurred by the performer in connection with 30
the performance (such as for travel expenses and equipment hire) and 31
paid for by the representative, and 32
(c) the date and details of any performance to which the statement relates, and 33
(d) any business name under which the representative carries on business as a 34
representative, and 35
(e) if the representative is a corporation under the Corporations Act 2001 of the 36
Commonwealth, the corporation's ACN within the meaning of that Act, and 37
(f) if the representative has an ABN for his or her business as a representative, the 38
ABN. 39
(4) A person must not, without reasonable excuse, fail to provide a financial statement 40
required by this section. 41
Note. Section 42 provides that the Local Court may order a person to pay a pecuniary penalty 42
not exceeding $10,000 for a contravention of this subsection. 43
(5) In this section, ABN means an Australian Business Number registered under the A 44
New Tax System (Australian Business Number) Act 1999 of the Commonwealth. 45
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Entertainment Industry Bill 2013 [NSW]
Part 2 Entertainment industry obligations
8 Duty of disclosure 1
(1) A performer representative who is both a performer representative and venue 2
representative in respect of a performance is, by instrument in writing, to give notice 3
of that fact to both the performer and the entertainment industry hirer. 4
(2) A person must not, without reasonable excuse, fail to give notice under this section. 5
Maximum penalty: 40 penalty units. 6
9 Capped amount of performer representative fees 7
(1) The capped amount for the fees and other remuneration of a performer 8
representative is: 9
(a) the percentage, prescribed by the regulations, of the total amount payable to 10
the performer for any performances in respect of which the performer 11
representative provided services under an entertainment industry agreement, 12
or 13
(b) if there are no performances in respect of which the performer representative 14
provided a service under an entertainment industry agreement, the amount 15
determined in accordance with the regulations. 16
(2) The regulations may make provision for or with respect to the fees and other 17
remuneration referred to in this section and, in particular: 18
(a) may prescribe different percentages of fees or other remuneration in respect of 19
different kinds of performances or services provided by performer 20
representatives, or other matters, and 21
(b) may prescribe the amounts (being amounts payable to performers) that are to 22
be excluded when calculating such fees or other remuneration, and 23
(c) may prescribe the manner in which the capped amount for fees or other 24
remuneration is to be determined under an entertainment industry agreement 25
when there are no performances in respect of which the performer 26
representative provides a service. 27
10 Entertainment industry managerial agreement 28
(1) An entertainment industry managerial agreement is an entertainment industry 29
agreement: 30
(a) that is in writing, and 31
(b) under which the performer representative agrees to provide services in relation 32
to the management of the reputation, career or career development of the 33
performer that are in addition to the services referred to in section 5, and 34
(c) that fixes the fees payable by the performer in respect of the services specified 35
in the agreement, and 36
(d) that includes an additional fee acknowledgement. 37
(2) An additional fee acknowledgement means an acknowledgement by the performer 38
that: 39
(a) the performer understands that the written agreement will allow the performer 40
representative to demand or receive fees or other remuneration that exceeds 41
the capped amount, and 42
(b) the performer understands that a cooling-off period applies in respect of the 43
agreement, and 44
(c) the performer representative has provided the performer with the information 45
required to be provided under section 13. 46
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Entertainment Industry Bill 2013 [NSW]
Part 2 Entertainment industry obligations
11 Fees of performer representatives 1
(1) A performer representative must not demand or receive a fee or other remuneration 2
from a performer under an entertainment industry agreement that exceeds the capped 3
amount, unless the agreement is an entertainment industry managerial agreement and 4
the additional services under the agreement are provided. 5
Maximum penalty: 100 penalty units. 6
(2) A performer representative must not demand or receive fees or other remuneration 7
from a performer for: 8
(a) the performer joining or auditioning to join or enter into a contract with the 9
performer representative, or 10
(b) the retention or on-going representation of the performer by the performer 11
representative. 12
Maximum penalty: 100 penalty units. 13
(3) A performer representative must not demand or receive a fee or other remuneration 14
from a performer under an entertainment industry agreement for any performance in 15
respect of which the performer representative is also the venue representative (unless 16
the agreement is an entertainment industry managerial agreement and the additional 17
services under the agreement are provided). 18
Maximum penalty: 100 penalty units. 19
12 Cooling-off period for agreements including additional fee acknowledgment 20
(1) There is to be a cooling-off period for every entertainment industry managerial 21
agreement. 22
(2) The cooling-off period ends at 5pm on the third business day after the day on which 23
the entertainment industry managerial agreement was entered into. 24
(3) A performer may terminate an entertainment industry managerial agreement before 25
the end of the cooling-off period, by notice in writing to the performer representative 26
(a notice of termination). 27
(4) If a performer gives a performer representative a notice of termination before the end 28
of the cooling-off period: 29
(a) the entertainment industry managerial agreement is taken to be terminated at 30
the time the notice is given (subject to this section), and 31
(b) the performer representative is entitled to payment, in respect of any services 32
provided in accordance with the agreement before its termination, of fees or 33
other remuneration not exceeding the capped amount. 34
(5) If at the time of the termination of the agreement the performer is not engaged for a 35
performance, the performer representative is entitled to payment by the performer of 36
the reasonable costs incurred by the representative in providing services to the 37
performer in accordance with the agreement before the notice of termination was 38
given. 39
(6) If the entertainment industry managerial agreement so provides, the agreement 40
remains in force after the notice of termination is given to the extent that it requires: 41
(a) the performer to pay any fee or other remuneration that does not exceed the 42
capped amount, and 43
(b) the performer representative to provide one or more services specified in the 44
agreement as being services that the representative will provide if notice of 45
termination is given. 46
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Entertainment Industry Bill 2013 [NSW]
Part 2 Entertainment industry obligations
(7) A performer may waive the cooling-off period provided by this section, at the time 1
of entering into an agreement, by notice in writing to the performer representative. 2
(8) Notice of termination and notice of the waiver of the cooling-off period must be in 3
the form approved by the Secretary. 4
13 Performer representatives to provide information to performers 5
(1) A performer representative must, before entering into an entertainment industry 6
agreement with a performer or prospective performer, provide the performer with the 7
information or documents, if any, prescribed by the regulations relating to this Act or 8
the regulations under this Act or to the entertainment industry generally. 9
(2) Without limiting subsection (1), the prescribed information or documents may relate 10
to: 11
(a) the cooling-off period referred to in section 12 (including the waiver of the 12
cooling-off period), and 13
(b) the effect of entering into an entertainment industry managerial agreement. 14
(3) A performer representative must, before entering into an agreement with a performer 15
who is a child, provide the parents of the child with the information, if any, required 16
by the regulations relating to the conditions of employment of minors under the 17
Children and Young Persons (Care and Protection) Act 1998 or any other Act or law. 18
(4) A performer representative must not, without reasonable excuse, fail to comply with 19
a requirement imposed under this section. 20
Note. Section 42 provides that the Local Court may order a person to pay a pecuniary penalty 21
not exceeding $10,000 for a contravention of this subsection. 22
14 Records to be kept by performer representatives 23
(1) A performer representative must keep the following records at the representative's 24
principal place of business for at least 5 years after the records are made: 25
(a) each accounting record the representative is required to keep under section 6 26
(4) in respect of money received on behalf of a performer, 27
(b) a copy of each financial statement provided by the representative under 28
section 7, 29
(c) a copy of each written agreement the representative has entered into with a 30
performer or with another person on behalf of the performer. 31
(2) A performer representative who holds any record referred to in subsection (1) (b) or 32
(c) in relation to a performer must, after receiving a request by or on behalf of the 33
performer for a copy of the record: 34
(a) make the copy available for collection at the representative's principal place 35
of business if requested to do so within 3 days or such other time as may be 36
agreed, or 37
(b) send the copy (whether by post or otherwise) to the performer within 14 days. 38
(3) A person who, without reasonable excuse, contravenes this section is guilty of an 39
offence. 40
Maximum penalty: 20 penalty units. 41
Division 2 Venue representatives 42
15 Venue representative 43
In this Act, a venue representative means a person who, for financial benefit, acts on 44
behalf of an entertainment industry hirer to arrange a performance by a performer at 45
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Entertainment Industry Bill 2013 [NSW]
Part 2 Entertainment industry obligations
a particular venue, but does not include an entertainment industry hirer or a person 1
who arranges for a performance solely in the capacity of an employee of a venue 2
representative. 3
16 Venue representative to disburse funds 4
A venue representative must not, without reasonable excuse, fail to disburse any 5
money received on behalf of a performer to the performer within 14 days of its 6
receipt or otherwise in accordance with the directions of the performer. 7
Note. Section 42 provides that the Local Court may order a person to pay a pecuniary penalty 8
not exceeding $10,000 for a contravention of this section. 9
17 Records to be kept by venue representatives 10
(1) A venue representative must keep accounting records in respect of money that the 11
representative pays to a performer representative for the services of a performer. 12
(2) Without limiting subsection (1), the accounting records must disclose the basis on 13
which the payments are made in addition to any other particulars of the payments. 14
(3) The venue representative must keep each such accounting record at the 15
representative's principal place of business for at least 5 years after the record is 16
made. 17
(4) A venue representative who holds any such record must, after receiving a request by 18
or on behalf of a performer for a copy of the record: 19
(a) make the copy available for collection at the representative's principal place 20
of business if requested to do so within 3 days or such other time as may be 21
agreed, or 22
(b) send the copy (whether by post or otherwise) to the performer within 14 days. 23
(5) A person who, without reasonable excuse, contravenes this section is guilty of an 24
offence. 25
Maximum penalty: 20 penalty units. 26
Division 3 Entertainment industry hirers 27
18 Time for making of payment by entertainment industry hirers 28
An entertainment industry hirer who is required to make a payment to a performer in 29
relation to a performance must not, without reasonable excuse, fail to make the 30
payment within: 31
(a) 1 calendar month after the date of the performance, or 32
(b) such other period as may be specified in an agreement between the performer 33
and the hirer in writing. 34
Note. Section 42 provides that the Local Court may order a person to pay a pecuniary penalty 35
not exceeding $10,000 for a contravention of this section. 36
19 Records to be kept by entertainment industry hirers 37
(1) An entertainment industry hirer who engages or contracts with a performer for a 38
performance must keep accounting records in respect of any money paid to an 39
entertainment industry representative for the services of the performer. 40
(2) Without limiting subsection (1), the accounting records must disclose the basis on 41
which the payments are made in addition to any other particulars of the payments. 42
(3) An entertainment industry hirer who is required to keep records under this section 43
must keep the record, at the hirer's principal place of business, for at least 5 years 44
after it is made. 45
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Part 2 Entertainment industry obligations
(4) An entertainment industry hirer who, without reasonable excuse, contravenes this 1
section is guilty of an offence. 2
Maximum penalty: 20 penalty units. 3
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Entertainment Industry Bill 2013 [NSW]
Part 3 Enforcement
Part 3 Enforcement 1
Division 1 Undertakings 2
20 Secretary may accept undertakings 3
(1) The Secretary may accept (by written notice) a written undertaking given by an 4
entertainment industry representative or entertainment industry hirer, relating to the 5
carrying on of the business of the entertainment industry representative or hirer, if the 6
Secretary reasonably believes that the entertainment industry representative or hirer 7
has contravened: 8
(a) in the case of a performer representative: 9
(i) the code of conduct, or 10
(ii) section 6 (2) (b), 7 (4) or 13 (4), or 11
(b) in the case of a venue representative, section 16, or 12
(c) in the case of an entertainment industry hirer, section 18. 13
(2) The representative or hirer may withdraw or vary the undertaking at any time but 14
only with the Secretary's written consent. 15
(3) The Secretary must not accept an undertaking given by an entertainment industry 16
representative or entertainment industry hirer if proceedings for a civil penalty have 17
been instituted in relation to the alleged contravention. 18
21 Enforcement of undertakings 19
(1) The Secretary may apply to the Local Court for an order under subsection (2) against 20
a person if the Secretary considers that the person has breached an undertaking given 21
under this Part. 22
(2) The Local Court may make all or any of the following orders if it is satisfied that the 23
person has breached an undertaking: 24
(a) an order directing the person to comply with the term of the undertaking 25
concerned, 26
(b) an order directing the person to pay to the State an amount not exceeding the 27
amount of any financial benefit that the person has obtained directly or 28
indirectly and that is reasonably attributable to the breach, 29
(c) any order that the Court thinks appropriate directing the person to compensate 30
any other person who has suffered loss or damage as a result of the breach, 31
(d) any other order that the Court considers appropriate. 32
Division 2 Entertainment industry prohibition orders 33
22 Definition 34
In this Division, director of a corporation includes a person who is concerned in the 35
management of the corporation. 36
23 Secretary may require person to show cause 37
(1) The Secretary may, if of the opinion that a performer representative or the director of 38
a corporation that carries on the business of a performer representative has engaged 39
in unlawful conduct, serve on the representative or director a show cause notice. 40
(2) A show cause notice issued by the Secretary is to require the performer representative 41
or director on whom the notice was served to show cause why the representative or 42
director should not, for the reason specified in the notice: 43
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Entertainment Industry Bill 2013 [NSW]
Part 3 Enforcement
(a) in the case of a performer representative, be prevented from continuing to 1
carry on the business of a performer representative, or 2
(b) in the case of a person who is a director of a corporation that carries on the 3
business of a performer representative, be prevented from being a director of 4
such a corporation. 5
(3) The notice must: 6
(a) be in writing, and 7
(b) specify the period (being at least 14 days after the notice is served) in which 8
the person may show cause. 9
(4) The person on whom a notice to show cause has been served under this section may, 10
within the period specified in the notice, make a written submission to the Secretary 11
in relation to the matters to which the notice relates. 12
(5) The Secretary: 13
(a) is to consider any submission made within the period specified in the notice, 14
and 15
(b) may conduct such inquiries, or make such investigations, in relation to the 16
matters to which the notice relates as the Secretary thinks appropriate. 17
24 Entertainment industry prohibition orders 18
(1) The Secretary may, after serving a show cause notice on a person under this Part and 19
taking into consideration any submissions made in relation to the matter, apply to the 20
Supreme Court for an order under this section in respect of the person if the Secretary 21
is of the opinion that: 22
(a) the person is likely to engage again, or continue to engage, in unlawful 23
conduct, or 24
(b) if the person is a director of a corporation that carries on the business of a 25
performer representative, the person is likely to knowingly authorise or permit 26
the corporation to engage again, or continue to engage, in unlawful conduct. 27
(2) The Supreme Court may, on the application of the Secretary, make an order (an 28
entertainment industry prohibition order) prohibiting the person from carrying on 29
the business of a performer representative or being a director of a corporation that 30
carries on the business of a performer representative for an indefinite period or for a 31
period specified in the order and may make such other orders as the Court considers 32
appropriate in relation to: 33
(a) the carrying on of the business of a performer representative by the person, or 34
(b) if the person is a director of a corporation that carries on the business of a 35
performer representative, the conduct of a person as a director of such a 36
corporation. 37
(3) The Supreme Court may also, if the Court is satisfied that a person has sustained loss 38
or damage as a result of the unlawful conduct of the person against whom the order 39
is made, order the person to compensate the other person for the loss or damage. 40
(4) The Supreme Court may amend or revoke an order made under this section, on the 41
application of the Secretary or of the person who is subject to the order concerned, if 42
the Court is satisfied that there are reasonable grounds for doing so. 43
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Entertainment Industry Bill 2013 [NSW]
Part 3 Enforcement
Division 3 Authorised officers 1
25 Definition 2
In this Act, authorised officer means: 3
(a) a person appointed as an inspector for the purposes of the Industrial Relations 4
Act 1996, or 5
(b) any other person eligible to be appointed as an inspector under that Act who is 6
authorised, in writing, by the Secretary or the Minister to exercise the 7
functions of an authorised officer. 8
26 Authorised officer's powers 9
(1) An authorised officer may exercise powers under this section only for the purpose of 10
investigating possible unlawful conduct. 11
(2) An authorised officer may, at any reasonable time, enter and inspect any premises 12
that the officer has reasonable grounds to suspect are the premises of an 13
entertainment industry representative or entertainment industry hirer, and inspect 14
any work being done there and, while on any premises entered under this section: 15
(a) require any person employed or engaged at the premises to produce to the 16
authorised officer such records or other documents as are required to be kept 17
under this Act or the regulations and are in the custody or under the control of 18
the person so employed or engaged, and 19
(b) question any entertainment industry representative, entertainment industry 20
hirer, or employee of a representative or hirer, as to any matter concerning the 21
possible unlawful conduct. 22
(3) An authorised officer may, at any time: 23
(a) require an entertainment industry representative or entertainment industry 24
hirer to produce for the authorised officer's examination, at such time and 25
place as the officer may reasonably specify, any specified records required to 26
be kept under this Act (and retain any such record for such period as may be 27
necessary in order to take copies of or extracts from it), and 28
(b) require an entertainment industry representative or entertainment industry 29
hirer to deliver to the authorised officer, within such time and to such place as 30
the officer may reasonably specify, any specified information concerning 31
possible unlawful conduct, and 32
(c) make such other examinations and inquiries as the authorised officer thinks 33
necessary to ascertain whether the requirements of this Act or the regulations 34
are being or have been contravened. 35
(4) A requirement of an authorised officer under this section may be made personally or 36
by notice in writing served by post. 37
(5) An authorised officer who enters premises under this section may seize anything that 38
the officer reasonably considers to be evidence of a contravention of this Act or the 39
regulations. 40
(6) An authorised officer must not exercise the powers conferred by this section in 41
relation to any part of any premises used for residential purposes except: 42
(a) with the permission of the occupier of the premises, or 43
(b) under the authority conferred by a search warrant issued under section 27. 44
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Entertainment Industry Bill 2013 [NSW]
Part 3 Enforcement
27 Search warrants 1
(1) An authorised officer may apply to an issuing officer for a search warrant if the 2
applicant has reasonable grounds for believing that a provision of this Act or the 3
regulations has been or is being contravened on premises. 4
(2) An issuing officer to whom an application for a search warrant is made under this 5
section may, if satisfied that there are reasonable grounds for doing so, issue a search 6
warrant authorising the authorised officer named in the warrant, when accompanied 7
by a police officer, and any other person named in the warrant: 8
(a) to enter the premises concerned, and 9
(b) to search the premises for evidence of a contravention of this Act, the 10
regulations or the code of conduct. 11
(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 12
applies to a search warrant issued under this section. 13
(4) In this section: 14
issuing officer means an authorised officer within the meaning of the Law 15
Enforcement (Powers and Responsibilities) Act 2002. 16
28 Offence to obstruct etc authorised officer 17
A person must not, without reasonable excuse: 18
(a) obstruct or hinder an authorised officer in the exercise by the authorised 19
officer of any function under this Division or when executing a search warrant 20
under section 27, or 21
(b) fail to comply with a requirement of an authorised officer under this Division. 22
Maximum penalty: 50 penalty units. 23
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Entertainment Industry Bill 2013 [NSW]
Part 4 Disclosure of information about contraventions
Part 4 Disclosure of information about contraventions 1
29 Secretary may keep register 2
(1) The Secretary may keep a register (the register) of information about the following: 3
(a) offences committed against this Act or the regulations, 4
(b) undertakings given to the Secretary by entertainment industry representatives 5
or entertainment industry hirers, 6
(c) entertainment industry prohibition orders, 7
(d) civil penalty orders. 8
(2) The register may contain any of the following information in relation to a person who 9
has been convicted of an offence under this Act or the regulations, who has given an 10
undertaking or who is the subject of an entertainment industry prohibition order or 11
civil penalty order: 12
(a) the name of the person, 13
(b) the name and address of the usual place of business (if any) of the person, 14
(c) the trade name (if any) under which the person trades, 15
(d) if the person is a corporation, the names of the chief executive officer and any 16
director of the corporation, 17
(e) if the person has committed an offence: 18
(i) a description of the nature and circumstances of the offence, the 19
decision of the court and the penalty imposed, and 20
(ii) the enforcement agency or other body under the direction of which, or 21
on behalf of whom, the relevant prosecution was conducted, 22
(f) if the person has given an undertaking, a copy of the undertaking, 23
(g) if the person is the subject of an entertainment industry prohibition order, a 24
copy of the order, 25
(h) if the person is the subject of a civil penalty order, a copy of the order. 26
(3) Information relating to a particular offence is not to be published on the register until: 27
(a) if no appeal is made, after the last day on which an appeal may be made against 28
the conviction, or 29
(b) if an appeal is made, after a final order has been made on appeal affirming the 30
conviction. 31
(4) The register may be kept in such form as the Secretary considers appropriate. 32
(5) For the purposes of this Part, an order under section 10 of the Crimes (Sentencing 33
Procedure) Act 1999 in relation to an offence is taken to be a conviction for the 34
offence. 35
30 Publication of information on register 36
(1) The register is to be made available for public inspection on the website of the 37
Treasury. 38
(2) Information contained in the register may be provided to members of the public in 39
any other manner approved by the Secretary. 40
(3) Without limiting subsection (2), the Secretary may publish any information 41
contained in the register in the Gazette or in a newspaper circulating in this State. 42
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Entertainment Industry Bill 2013 [NSW]
Part 4 Disclosure of information about contraventions
31 Correction of register 1
(1) The Secretary must correct any error or omission in information in the register as 2
soon as practicable after becoming aware of the error or omission. 3
(2) The Secretary may correct any error in, or omission from, the register on the 4
Secretary's own initiative or on an application by a person under this Part. 5
32 Removal of information from register 6
(1) The Secretary may remove any information from the register. 7
(2) The Secretary must remove information about a conviction for a particular offence 8
from the register as soon as practicable after becoming aware that: 9
(a) the conviction has been quashed or annulled, or 10
(b) an appeal has been made against the conviction, or 11
(c) a period of 2 years has elapsed since the end of the period during which an 12
appeal could have been made against the conviction, or if an appeal was made 13
against the conviction, the date on which a final order was made affirming the 14
conviction. 15
(3) The Secretary must remove information about a civil penalty order being made in 16
relation to a person as soon as practicable after becoming aware that: 17
(a) an appeal has been lodged against the making of the order, or 18
(b) the order has been overturned, or 19
(c) a period of 2 years has elapsed since the end of the period during which an 20
appeal could have been made against the making of the order, or if an appeal 21
was made against the making of the order, the date on which a final order was 22
made affirming the order. 23
(4) However, in a case where the Secretary removes information from the register 24
because an appeal is made against a conviction for an offence or the making of a civil 25
penalty order, the Secretary may restore information regarding the offence or order 26
to the register if satisfied that any such appeal was unsuccessful. 27
(5) The Secretary must remove information about an undertaking being given by an 28
entertainment industry representative or entertainment industry hirer as soon as 29
practicable after becoming aware that the undertaking has expired or has otherwise 30
ceased to be in force. 31
(6) The Secretary must remove information about an entertainment industry prohibition 32
order being made in relation to a person as soon as practicable after becoming aware 33
that the person is no longer subject to a prohibition order. 34
(7) The Secretary may remove any information about an undertaking, entertainment 35
industry prohibition order, civil penalty order or conviction for an offence from the 36
register if it is appropriate in the circumstances to remove the information from the 37
register. 38
(8) The Secretary may remove information from the register on the Secretary's own 39
initiative or on an application by a person under this Part. 40
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Entertainment Industry Bill 2013 [NSW]
Part 5 General
Part 5 General 1
33 Disclosure of relevant information 2
(1) A person must not disclose any relevant information obtained in connection with the 3
administration or execution of this Act or the regulations unless the disclosure is 4
made: 5
(a) with the consent of the person from whom the information was obtained, or 6
(b) in connection with the administration or execution of this Act, or 7
(c) for the purposes of any legal proceedings arising out of this Act or the 8
regulations or of any report of any such proceedings, or 9
(d) to the Children's Guardian in connection with the engagement of child 10
performers, or 11
(e) in accordance with a requirement imposed under the Ombudsman Act 1974, or 12
(f) with any other lawful excuse. 13
Maximum penalty: 40 penalty units. 14
(2) In this section: 15
relevant information means: 16
(a) information concerning the business or financial affairs of the person from 17
whom the information is obtained, or 18
(b) information concerning any investigation under Division 3 of Part 3. 19
34 Penalty notices 20
(1) An authorised officer may serve a penalty notice on a person if it appears to the 21
officer that the person has committed an offence under this Act or the regulations, 22
being an offence prescribed by the regulations as a penalty notice offence. 23
(2) A penalty notice is a notice to the effect that, if the person served does not wish to 24
have the matter determined by a court, the person can pay, within the time and to the 25
person specified in the notice, the amount of the penalty prescribed by the regulations 26
for the offence if dealt with under this section. 27
(3) A penalty notice under this section is declared to be a penalty notice for the purposes 28
of the Fines Act 1996. 29
(4) A penalty notice may be served personally or by post. 30
(5) If the amount of penalty prescribed for an alleged offence is paid under this section, 31
no person is liable to any further proceedings for the alleged offence. 32
(6) Payment under this section is not to be regarded as an admission of liability for the 33
purpose of, and does not in any way affect or prejudice, any civil claim, action or 34
proceeding arising out of the same occurrence. 35
(7) The regulations may: 36
(a) prescribe an offence for the purposes of this section by specifying the offence 37
or by referring to the provision creating the offence, and 38
(b) prescribe the amount of penalty payable for the offence if dealt with under this 39
section, and 40
(c) prescribe different amounts of penalties for different offences or classes of 41
offences. 42
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Entertainment Industry Bill 2013 [NSW]
Part 5 General
(8) The amount of a penalty prescribed under this section for an offence is not to exceed 1
the maximum amount of penalty that could be imposed for the offence by a court. 2
(9) This section does not limit the operation of any other provision of, or made under, 3
this or any other Act relating to proceedings that may be taken in respect of offences. 4
35 Delegation 5
The Secretary may delegate any function of the Secretary under this Act (other than 6
this power of delegation) to: 7
(a) any member of staff of the Treasury, or 8
(b) any person, or any class of persons, authorised for the purposes of this section 9
by the regulations. 10
36 Personal liability 11
(1) A matter or thing done or omitted to be done by the Secretary or any person acting 12
under the direction of the Secretary, if the matter or thing was done or omitted to be 13
done in good faith for the purposes of executing this or any other Act, does not 14
subject the Secretary or a person so acting personally to any action, liability, claim 15
or demand. 16
(2) However, any such liability attaches instead to the Crown. 17
37 Liability of directors and managers of corporations 18
(1) If a corporation contravenes, whether by act or omission, a provision of this Act or 19
the regulations, each person who is a director of the corporation or who is concerned 20
in the management of the corporation is taken to have engaged in the same unlawful 21
conduct if the person knowingly authorised or permitted the unlawful conduct. 22
(2) A person may be proceeded against and convicted under a provision pursuant to this 23
section whether or not the corporation has been proceeded against or convicted under 24
that provision. 25
(3) Nothing in this section affects any liability imposed on a corporation for an offence 26
committed by the corporation against this Act or the regulations. 27
38 Contracting out void 28
The provisions of this Act and the regulations have effect despite any stipulation to 29
the contrary and no contract or agreement made or entered into before or after the 30
commencement of this section operates to annul, vary or exclude any of the 31
provisions of this Act or the regulations. 32
39 Service of documents 33
(1) A document that is authorised or required by this Act or the regulations to be served 34
on any person may be served by: 35
(a) in the case of a natural person: 36
(i) delivering it to the person personally, or 37
(ii) sending it by post to the address specified by the person for the giving 38
or service of documents or, if no such address is specified, the 39
residential or business address of the person last known to the person 40
giving or serving the document, or 41
(iii) sending it by facsimile transmission to the facsimile number of the 42
person, or 43
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Entertainment Industry Bill 2013 [NSW]
Part 5 General
(b) in the case of a body corporate: 1
(i) leaving it with a person apparently of or above the age of 16 years at, or 2
by sending it by post to, the head office, a registered office or a principal 3
office of the body corporate or to an address specified by the body 4
corporate for the giving or service of documents, or 5
(ii) sending it by facsimile transmission to the facsimile number of the body 6
corporate. 7
(2) Nothing in this section affects the operation of any provision of a law or of the rules 8
of a court authorising a document to be served on a person in any other manner. 9
40 Service of documents on the Secretary 10
(1) A document may be served on the Secretary by leaving it at, or by sending it by post 11
to: 12
(a) the office of the Treasury, or 13
(b) if the Treasury has more than one office, any one of its offices. 14
(2) Nothing in subsection (1) affects the operation of any provision of a law or of the 15
rules of a court authorising a document to be served on the Secretary in a manner not 16
provided for by subsection (1). 17
41 Proceedings for offences 18
(1) Proceedings for an offence under this Act or the regulations may be taken and 19
prosecuted by any person acting with the authority of the Secretary. 20
(2) Proceedings for an offence under this Act or the regulations are to be commenced not 21
more than 12 months after the date of the alleged offence. 22
(3) Proceedings for an offence under this Act or the regulations are to be dealt with 23
summarily before an industrial magistrate or the Local Court. 24
(4) In a prosecution for an offence under this Act or the regulations, an authority to 25
prosecute, purporting to have been signed by the Secretary, is evidence of such 26
authority without proof of the signature of the Secretary. 27
42 Civil penalty for breaches 28
(1) The Local Court may order the person to pay a pecuniary penalty not exceeding 29
$10,000 (a civil penalty) if the Court is satisfied that a person has contravened one of 30
the following: 31
(a) section 6 (2) (b), 32
(b) section 7 (4), 33
(c) section 13 (4), 34
(d) section 16, 35
(e) section 18, 36
(f) the code of conduct. 37
Note. Section 21 of the Interpretation Act 1987 provides that the expression "contravene" in 38
an Act includes a failure to comply. 39
(2) Proceedings for a civil penalty may be instituted by any of the following: 40
(a) an authorised officer or any other person authorised by or under this Act or the 41
regulations to institute proceedings for offences, 42
(b) if the contravention is alleged to have been committed by a performer 43
representative, a performer who, at the time of the alleged contravention, was 44
a party to an entertainment industry agreement with the representative. 45
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Part 5 General
(3) Proceedings for a civil penalty may only be instituted within 6 years after the 1
contravention. 2
(4) To avoid doubt, the rules of evidence apply to proceedings for a civil penalty. 3
(5) Evidence given in proceedings for the recovery of money is not admissible in 4
proceedings for a civil penalty. 5
(6) In any proceedings for a civil penalty, the court may award costs to either party and 6
assess the amount of those costs. Costs cannot be awarded against the prosecutor 7
except in the circumstances in which costs can be awarded against the prosecutor in 8
criminal proceedings. 9
(7) If the court orders a person to pay a pecuniary penalty, the penalty is payable to the 10
State. 11
(8) The provisions of any Act relating to the recovery of penalties imposed for an offence 12
apply to the recovery of a pecuniary penalty imposed under a civil penalty order. 13
(9) If, at the time of making a civil penalty order in respect of a contravention of 14
section 6 (2) (b), 7 (4), 16 or 18, the Local Court is satisfied that the amount required 15
to be paid under the section concerned remains outstanding, the Court may make 16
such orders with respect to the payment of the outstanding amount as the Court 17
considers appropriate. 18
43 Double jeopardy 19
(1) A person is not liable to be both convicted of an offence under this Act and the 20
subject of a civil penalty in respect of essentially the same act or omission. 21
(2) Payment of a penalty in respect of an alleged offence under section 34 (Penalty 22
notices) is to be treated as a conviction for the offence for the purposes of this section. 23
The making of an order by the court under section 10 of the Crimes (Sentencing 24
Procedure) Act 1999 in respect of an offence is also to be treated as a conviction for 25
the offence for the purposes of this section. 26
44 Regulations 27
(1) The Governor may make regulations, not inconsistent with this Act, for or with 28
respect to any matter that by this Act is required or permitted to be prescribed or that 29
is necessary or convenient to be prescribed for carrying out or giving effect to this 30
Act. 31
(2) In particular, the regulations may make provision for or with respect to: 32
(a) the form and content documents or records required to be kept by 33
entertainment industry representatives and entertainment industry hirers, and 34
(b) the fees or other remuneration of entertainment industry representatives, and 35
(c) the fees chargeable or payable for doing any act or providing any service for 36
the purposes of the regulations, and 37
(d) the exclusion of a class of persons from the operation of this Act. 38
(3) A regulation may create an offence punishable by a penalty not exceeding 20 penalty 39
units. 40
45 Review of Act 41
(1) The Minister is to review this Act to determine whether the policy objectives of the 42
Act remain valid and whether the terms of the Act remain appropriate for securing 43
those objectives. 44
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Entertainment Industry Bill 2013 [NSW]
Part 5 General
(2) The review is to be undertaken as soon as possible after the period of 8 years from 1
the commencement of this Act. 2
(3) A report on the outcome of the review is to be tabled in each House of Parliament 3
within 12 months after the end of the period of 8 years. 4
(4) In addition, the Minister is to cause an interim review of the Act to be carried out, as 5
soon as possible after the period of 3 years from the commencement of this Act. 6
(5) A report on the outcome of the interim review is to be tabled in each House of 7
Parliament within 12 months after the end of the period of 3 years. 8
46 Repeal of Act and regulation 9
The Entertainment Industry Act 1989 and the Entertainment Industry Regulation 10
2004 are repealed. 11
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Entertainment Industry Bill 2013 [NSW]
Schedule 1 Code of conduct
Schedule 1 Code of conduct 1
1 Objectives 2
The objectives of this code of conduct are: 3
(a) to set out the principles, values and behaviour expected of performer 4
representatives, and 5
(b) to promote and encourage a high standard of ethical practice by performer 6
representatives and their employees in their dealings with performers, 7
entertainment industry hirers and other performer representatives, and 8
(c) to promote efficient and transparent transactions within the entertainment 9
industry, and 10
(d) to ensure that performer representatives act honestly, fairly and professionally 11
in the best interests of their clients. 12
2 Conduct of performer representatives 13
(1) A performer representative must carry out the functions of a performer representative 14
with the degree of care, diligence and honesty that a reasonable person would 15
exercise as a performer representative carrying out the same functions in the same 16
circumstances. 17
(2) A performer representative must not act or purport to act on behalf of a performer 18
without the authority of the performer. 19
(3) A performer representative must, in representing a performer, act in accordance with 20
the instructions of the performer unless doing so would be a breach of any law or this 21
code of conduct. 22
(4) A performer representative must not enter into an agreement to represent a performer 23
if the representative is aware of any conflict of interest, or apparent conflict of 24
interest, between the interests of the representative and the performer, unless the 25
performer representative has: 26
(a) notified the performer of that fact, and 27
(b) disclosed the full nature and extent of the conflict of interest. 28
(5) As soon as practicable after a performer representative becomes aware of any 29
conflict of interest, or apparent conflict of interest, that has arisen between the 30
interests of the representative and a performer represented by the representative, the 31
representative: 32
(a) must notify the performer of that fact, and disclose the full nature and extent 33
of the conflict of interest, and 34
(b) must not continue to represent the performer unless the performer consents to 35
continued representation by the representative. 36
(6) A performer representative must not refer a performer to any other performer 37
representative or service provider if the representative making the referral receives 38
any financial benefit or reward from the referral unless the representative first 39
discloses to the performer the full nature and extent of the reward or benefit. 40
(7) A performer representative must not, at any time, use or disclose any confidential 41
information obtained while acting for or on behalf of a performer unless: 42
(a) the client authorises the disclosure, or 43
(b) the representative is required or compelled by law to disclose the information. 44
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Schedule 1 Code of conduct
(8) A performer representative must use the representative's best endeavours to ensure 1
that employees of the representative: 2
(a) comply with this Act and the regulations, and 3
(b) this code. 4
(9) A performer representative must not knowingly or recklessly make a false or 5
misleading representation about the obligations, rights or responsibilities of any 6
person under this Act or the regulations. 7
3 Other legal obligations of performer representatives 8
This Act and the regulations impose additional obligations on performer 9
representatives, including: 10
(a) the keeping of records of money received on behalf of performers (see 11
section 7), and 12
(b) complying with requests for information from performers (see section 14), and 13
(c) providing performers with certain information relating to the Act, the 14
regulations and the entertainment industry generally (see section 13), and 15
(d) if a performer representative proposes to enter into an entertainment industry 16
agreement with a child, providing the parents of the child with the information, 17
if any, required by the regulations relating to the employment of minors (see 18
section 13). 19
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Entertainment Industry Bill 2013 [NSW]
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions 1
Part 1 General 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional nature consequent 4
on the enactment of this Act or any Act that amends this Act. 5
(2) Any such provision may, if the regulations so provide, take effect from the date of 6
assent to the Act concerned or a later date. 7
(3) To the extent to which any such provision takes effect from a date that is earlier than 8
the date of its publication on the NSW legislation website, the provision does not 9
operate so as: 10
(a) to affect, in a manner prejudicial to any person (other than the State or an 11
authority of the State), the rights of that person existing before the date of its 12
publication, or 13
(b) to impose liabilities on any person (other than the State or an authority of the 14
State) in respect of anything done or omitted to be done before the date of its 15
publication. 16
Part 2 Provisions consequent on enactment of this Act 17
2 Definitions 18
In this Part: 19
1989 Act means the Entertainment Industry Act 1989, as in force immediately before 20
its repeal by this Act. 21
3 Refund of bonds 22
(1) A person who was required, under section 40 of the 1989 Act, to lodge with the 23
Secretary a bond to cover the payment of money owed (by way of fees and other 24
remuneration) to performers is, on the repeal of that Act, entitled to be refunded any 25
money secured by a bond lodged under that section and which is standing to the 26
credit of the person. 27
(2) Any such refund is to be paid only if the Secretary is satisfied that all liabilities of the 28
person under the 1989 Act (including any amount owing to a performer under an 29
award, industrial agreement or entertainment industry contract) have been 30
discharged or adequately provided for. 31
(3) If an application for a refund is made by a person other than the person who was 32
required to pay a bond under section 40 of the 1989 Act, or by 2 or more such 33
persons, the Secretary may determine whether the person or which of the persons is 34
entitled to receive the refund. 35
(4) If a determination is made by the Secretary under subclause (3), the refund is to be 36
paid to the person so determined. 37
4 Refund of licence fees 38
(1) A person who, immediately before the repeal of the 1989 Act, was the holder of a 39
licence (within the meaning of the 1989 Act) is entitled to a refund of a portion of 40
any licence fee paid during the 12 months immediately before that repeal. 41
(2) The portion of the licence fee that is to be refunded is that part of the licence fee that 42
bears the same proportion to the licence fee as the part of the year for which the 43
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Entertainment Industry Bill 2013 [NSW]
Schedule 2 Savings, transitional and other provisions
licence fee was paid that was remaining on the repeal of the 1989 Act bears to the 1
whole of the year for which the licence fee was paid. 2
(3) If an application for a refund is made by a person other than the person who paid the 3
licence fee, or by 2 or more such persons, the Secretary may determine whether the 4
person or which of the persons is entitled to receive the refund. 5
(4) If a determination is made by the Secretary under subclause (3), the refund is to be 6
paid to the person so determined. 7
(5) In this clause, licence fee means a fee required to accompany an application for a 8
licence under section 19 of the 1989 Act or an application for the continuation of a 9
licence under section 28 of that Act. 10
5 Existing entertainment industry contracts 11
(1) Section 38 of the 1989 Act and clause 4 of the Entertainment Industry Regulation 12
2004, as in force immediately before the repeal of that Act, continue to apply in 13
respect of an existing entertainment industry contract that was in force immediately 14
before that repeal. 15
(2) Section 10 of this Act does not apply in respect of an existing entertainment industry 16
contract. 17
(3) An existing entertainment industry contract ceases to be an existing entertainment 18
industry contract on the earlier of: 19
(a) the end of the term of that contract (not including any period of renewal or 20
extension provided for in that contract), or 21
(b) the day that is 12 months after the date on which this Act commences. 22
(4) The regulations may require a performer representative to provide each performer 23
with whom the representative had an existing entertainment industry contract 24
immediately before the repeal of the 1989 Act with the information or documents 25
prescribed by the regulations relating to this Act, the regulations under this Act, the 26
repeal of the 1989 Act or the entertainment industry generally. 27
(5) In this clause: 28
existing entertainment industry contract means an entertainment industry contract 29
(within the meaning of the 1989 Act) entered into before the repeal of that Act. 30
6 Existing records 31
(1) A reference in this Act to a record that is required to be kept under this Act or the 32
regulations includes a reference to a record that was required to be kept under the 33
1989 Act or the regulations under that Act. 34
(2) Clauses 5A and 5B of the Entertainment Industry Regulation 2004, as in force 35
immediately before the commencement of this Act, continue to apply in respect of 36
any such records. 37
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Entertainment Industry Bill 2013 [NSW]
Schedule 3 Amendment of other Acts
Schedule 3 Amendment of other Acts 1
3.1 Fair Trading Act 1987 No 68 2
Section 48 Interpretation 3
Omit section 48 (3) (b). Insert instead: 4
(b) an entertainment industry representative within the meaning of the 5
Entertainment Industry Act 2013, or 6
3.2 Industrial Relations Act 1996 No 17 7
Section 382 Jurisdiction of Chief and other Industrial Magistrates 8
Omit "Entertainment Industry Act 1989" from section 382 (1). 9
Insert instead "Entertainment Industry Act 2013". 10
3.3 Industrial Relations Amendment (Jurisdiction of Industrial Relations 11
Commission) Act 2009 No 32 12
Schedule 2 Amendment of other legislation 13
Omit Schedule 2.9. Insert instead: 14
2.9 Entertainment Industry Act 2013 15
Section 41 Proceedings for offences 16
Omit "an industrial magistrate or Local Court" from section 41 (3). 17
Insert instead "the Industrial Relations Commission in Court Session". 18
3.4 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 19
Schedule 2 Search warrants under other Acts 20
Omit "Entertainment Industry Act 1989, section 58". 21
Insert instead "Entertainment Industry Act 2013, section 27". 22
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