Arts and Culture Trust Act 2021 (WA)

Western Australia Arts and Culture Trust Act 2021 Western Australia Arts and Culture Trust Act 2021 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Minister may declare places to be venues 5 5. Minister may declare arts organisations to be resident companies 5 6. Act binds Crown 5 Part 2 — Arts and Culture Trust 7. Trust established 6 8. Trust may use trading names 6 9. Trust's status 6 10. Trust's functions 6 11. Trust's powers 8 12. General restrictions on Trust's powers 11 13. Requirement for approval to participate in business arrangements 12 14. Requirement for approval to provide ticketing services for activities not at Trust venues 12 15. Delegation 13 Part 3 — Administration of the Trust Division 1 — The Board Subdivision 1 — How the Board is constituted 16. Board is governing body 14 17. Board membership 14 18. Chairperson and deputy chairperson 15 19. Term of office 15 20. Casual vacancies, resignation and removal from office 15 21. Extension of term of office 16 22. Leave of absence 17 23. Alternate Board members 17 24. Remuneration and allowances 17 Subdivision 2 — Board meetings 25. Holding meetings 17 26. Quorum 18 27. Presiding Board members 18 28. Procedure at meetings 18 29. Voting 18 30. Holding meetings remotely 18 31. Resolution without meeting 19 32. CEO and Department CEO may attend meetings 19 33. Minutes 19 Subdivision 3 — Committees 34. Committees 20 35. Remuneration and allowances 20 Subdivision 4 — Disclosure of interests 36. Disclosure of material personal interests 21 37. Voting by interested member 21 38. Section 37 may be declared inapplicable 22 39. Quorum if s. 37 applies 22 Subdivision 5 — Execution of documents 40. Execution of documents by Trust 22 Division 2 — Staff of the Trust Subdivision 1 — The CEO 41. CEO 23 42. Effect of Trust being SES organisation 24 43. Effect of Trust becoming non‑SES organisation 24 44. Appointment of CEO 24 Subdivision 2 — Provisions applying to the CEO if section 42(b) or 43 applies 45. Application 24 46. Term of office 24 47. Remuneration and allowances 25 48. Casual vacancies, resignation and removal from office 25 49. Entitlements of public service officer as CEO 26 50. Other conditions of service 26 51. Acting CEO 26 Subdivision 3 — Other staff of the Trust 52. Other staff of Trust 27 53. Use of government staff and facilities 27 54. Agreements to recover cost of employing or engaging staff 28 Part 4 — Accountability and financial provisions Division 1 — Accountability 55. Minister may give directions 29 56. Minister to be kept informed 29 57. Minister to have access to information 29 58. Protection for disclosure or compliance with directions 30 Division 2 — Financial provisions 59. Application of Financial Management Act 2006 and Auditor General Act 2006 31 60. Arts and Culture Trust Account 31 61. Trust's funds 31 62. Borrowing 31 63. Guarantees by Treasurer 32 64. Effect of guarantee 32 65. Notice of financial difficulty 32 Part 5 — Miscellaneous 66. Protection from liability for wrongdoing 34 67. Confidentiality 34 68. Authorised use or disclosure of information 35 69. Laying documents before House of Parliament not sitting 35 70. General regulations 36 71. Traffic regulations 37 72. Review of Act 39 Part 6 — Repeals and consequential amendments Division 1 — Repeals 73. Written laws repealed 41 Division 2 — Consequential amendments 74. Constitution Acts Amendment Act 1899 amended 41 75. Financial Management Act 2006 amended 41 76. Public Sector Management Act 1994 amended 42 77. State Superannuation (Transitional and Consequential Provisions) Act 2000 amended 42 78. Statutory Corporations (Liability of Directors) Act 1996 amended 42 Part 7 — Transitional and savings provisions Division 1 — Preliminary 79. Terms used 43 80. Interpretation Act 1984 not affected 43 Division 2 — Perth Theatre Trust abolished 81. Perth Theatre Trust abolished 44 Division 3 — Transfer of the Perth Theatre Trust's assets, rights and liabilities 82. Assets, rights and liabilities 44 83. Perth Theatre Trust Account 44 84. Investments 45 85. Reserves 45 86. Registration of documents 47 87. Exemption from State tax 47 Division 4 — Chief executive officer and other staff of the Perth Theatre Trust 88. Chief executive officer of Perth Theatre Trust 48 89. Other staff 49 Division 5 — Continuing effect of things done 90. Completion of things commenced 50 91. Continuing effect of things done 50 92. Contracts, agreements, arrangements and other instruments 50 93. Business arrangements 51 94. Declarations of theatres under s. 3(2) of repealed Act 52 Division 6 — Other transitional provisions 95. Transitional regulations 52 96. Savings 53 Notes Compilation table 55 Defined terms Western Australia Arts and Culture Trust Act 2021 An Act — ● to establish the Arts and Culture Trust; and ● to repeal the Perth Theatre Trust Act 1979 and the Perth Theatre Trust (Common Seal) Regulations 1980; and ● to make consequential amendments to various Acts; and ● for related purposes.