Entertainment Industry Act 2013 (NSW)

Entertainment Industry Act 2013 No 73

An Act to provide for the regulation of the entertainment industry; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Entertainment Industry Act 2013.

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

3 Objects of Act The objects of this Act are— (a) to provide effective, fair and consistent regulation of the entertainment industry, and (b) to provide protections for performers.

4 Definitions (1) In this Act— authorised officer—see section 26. business day means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales. capped amount—see section 9. civil penalty order means an order under section 43. code of conduct means the code of conduct for performer representatives set out in Schedule 1. director of a corporation means a person who is a director of a corporation within the meaning of the Corporations Act 2001 of the Commonwealth. entertainment industry agreement means an agreement between a performer and a performer representative for the performer representative to provide one or more of the services referred to in section 5. entertainment industry hirer means a person who engages or contracts any performer for the purpose of a performance. entertainment industry managerial agreement—see section 10. entertainment industry prohibition order—see section 25 (2). entertainment industry representative means a performer representative or a venue representative. function includes a power, authority or duty and exercise a function includes perform a duty. industrial court means an industrial court within the meaning of Part 1 of Chapter 7 of the Industrial Relations Act 1996. performance means— (a) a performance that is given in any place or by the use of any medium for the transmission of sound or images, or both, or (b) a performance that is recorded for the purpose of using the recording in any place or for the transmission of sound or images, or both, and one of the purposes of which is the financial benefit of an entertainment industry hirer or performer, or both. performer means any actor, singer, dancer, acrobat, model, musician or other performer of any kind who enters an entertainment industry agreement with a performer representative. performer representative—see section 5. Secretary means the Secretary of the Department of Customer Service. show cause notice means a notice served by the Secretary under section 24. unlawful conduct means conduct by a performer representative that constitutes— (a) a breach of the code of conduct, or (b) a breach of a term of an undertaking given by the performer representative under section 21, or (c) a contravention of a provision of this Act or the regulations, whether or not any proceedings have been brought in respect of the contravention. venue representative—see section 15. (2) In this Act, a reference to an award or industrial agreement is a reference to an award or industrial agreement relating to the employment of performers in the entertainment industry. (3) Notes included in this Act do not form part of this Act.