Cultural and Creative Industries Act 2017 (Tas)

Cultural and Creative Industries Act 2017

An Act to establish a system of peer review of applications for assistance in the cultural and creative industries, to repeal the Tasmanian Arts Advisory Board Act 1975 and for related matters [Royal Assent 20 December 2017]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Cultural and Creative Industries Act 2017 .

2. Commencement This Act commences on 1 January 2018.

3. Interpretation In this Act – application means an application for assistance made under section 7 ; approved program means a program approved under section 6(7) ; Board means the Tasmanian Arts Advisory Board established under section 2 of the Tasmanian Arts Advisory Board Act 1975 ; commencement day means the day on which this Act commences; expert panel means an expert panel appointed under section 9 ; member means a member of an expert panel.

4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Provision of Assistance

5. Minister may approve assistance (1) The Minister may, for the purpose of supporting the creative and cultural industries, approve the provision to any person or organisation of assistance of such nature and on such terms and conditions as the Minister considers suitable in the circumstances. (2) Without prejudice to the generality of the provisions of subsection (1) , assistance may take the form of – (a) grants or subsidies; or (b) loans; or (c) payments to meet in whole or in part the losses incurred in the carrying out of any operation or activity; or (d) equity investment; or (e) scholarships; or (f) any other initiative or means of assistance that the Minister considers appropriate. (3) The powers conferred on the Minister by this section to approve the provision of assistance to any person or organisation include power to enter into and carry out, on behalf of the Crown, an agreement for the commissioning of any work to be carried out by that person or organisation, or for the purchase or acquisition of any such work or of any rights with respect to such work, and, on behalf of the Crown, to deal with any property, or exercise any rights, vested in the Crown pursuant to any such agreement. (4) A loan under this Act is to be at such rate of interest as the Treasurer may approve and on such security and on such terms and conditions in respect of repayment and otherwise as the Minister determines. (5) The Minister, by instrument in writing, may delegate to a State Service employee or State Service officer the power to approve the provision of assistance, subject to any conditions specified in the instrument of delegation.