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This is a Bill, not an Act. For current law, see the Acts databases.
Creative Victoria Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
Part 2--Principles relating to the arts and creative industries 3
4 Principles relating to the arts and creative industries 3
5 Effect of this Part 3
Part 3--Administration 4
6 Functions of the Secretary 4
7 Chief Executive, Creative Victoria 4
8 Staff of Creative Victoria 4
9 Objectives of the Chief Executive 5
10 Functions and powers of the Chief Executive 5
11 Acting Chief Executive 6
12 Minister to prepare strategy for the arts and creative industries 7
Part 4--Repeal and transitional provisions 8
13 Definitions--Part 4 8
14 Repeal of Arts Victoria Act 1972 8
15 Arts Fund, Victorian Council of the Arts and position of
Director, Arts Victoria abolished 8
16 Chief Executive succeeds Director, Arts Victoria 9
17 Transfer of records and information to the Chief Executive 9
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Endnotes 10
1 General information 10
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Creative Victoria Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to recognise principles relating to the arts
and creative industries in Victoria; and
(b) to provide functions of the Secretary to the
Department of Economic Development,
Jobs, Transport and Resources relating to
the arts and creative industries; and
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Creative Victoria Act 2017
No. of 2017
Part 1--Preliminary
(c) to establish the office of the Chief Executive,
Creative Victoria; and
(d) to provide for the preparation of a strategy
for the arts and creative industries; and
(e) to repeal the Arts Victoria Act 1972.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 October 2017, it comes into
operation on that day.
3 Definitions
In this Act--
Chief Executive means the Chief Executive,
Creative Victoria appointed under section 7;
Secretary means the Secretary to the Department
of Economic Development, Jobs, Transport
and Resources.
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Creative Victoria Act 2017
No. of 2017
Part 2--Principles relating to the arts and creative industries
Part 2--Principles relating to the arts and
creative industries
4 Principles relating to the arts and creative industries
(1) The Parliament recognises that--
(a) the arts have an intrinsic value that
contributes to the cultural depth, diversity
and life of Victoria; and
(b) the arts and creative industries contribute
significantly to Victoria's wealth and
prosperity.
(2) The Parliament further recognises that--
(a) the arts and creative industries are means to
improve the quality of life for all individuals
in Victoria and improve the community of
Victoria as a whole; and
(b) all individuals in Victoria are equally entitled
to access opportunities and participate in and
contribute to the arts and creative industries
in Victoria; and
(c) all individuals should be free to express
their ideas and opinions through the arts and
creative industries.
5 Effect of this Part
The Parliament does not intend by this Part to
create in any person any legal right or to give rise
to any civil cause of action.
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Creative Victoria Act 2017
No. of 2017
Part 3--Administration
Part 3--Administration
6 Functions of the Secretary
The Secretary has the following functions under
this Act--
(a) to provide advice to the Minister relating to
the arts and creative industries;
(b) to direct, support, approve and guide the
development of policy and activities by the
Chief Executive relating to the arts and
creative industries;
(c) to provide to the Chief Executive the staff,
resources and other support necessary for
the performance of the Chief Executive's
functions under this Act.
7 Chief Executive, Creative Victoria
(1) The Secretary must appoint a person to be the
Chief Executive, Creative Victoria.
(2) The Chief Executive is employed under Part 3
of the Public Administration Act 2004.
(3) The Chief Executive--
(a) holds office for the term, not exceeding
5 years, that is specified in the instrument
of appointment; and
(b) holds office on the terms and conditions
specified in the instrument of appointment;
and
(c) is eligible for re-appointment as Chief
Executive.
8 Staff of Creative Victoria
There may be employed under Part 3 of the
Public Administration Act 2004 any employees
that are necessary for the administration of this
Act.
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Creative Victoria Act 2017
No. of 2017
Part 3--Administration
9 Objectives of the Chief Executive
The objectives of the Chief Executive are--
(a) to improve the knowledge, understanding,
appreciation and practice of the arts in
Victoria; and
(b) to encourage and assist the growth and
impact of the arts and creative industries; and
(c) to promote and improve access to and
participation in the arts and creative
industries; and
(d) to encourage and assist the provision of
facilities for the development, performance
and display of the arts and creative
industries; and
(e) to support and promote the practice of
Aboriginal and Torres Strait Islander arts in
Victoria.
10 Functions and powers of the Chief Executive
(1) The Chief Executive has the following
functions--
(a) to investigate and promote the social,
cultural and economic benefits of the arts
and creative industries in Victoria;
(b) to develop policy, including the provision of
research, reporting and advice, relating to the
objectives of the Chief Executive for the
consideration and approval of the Minister
and the Secretary;
(c) to develop and implement actions to achieve
the objectives of the Chief Executive under
this Act;
(d) to inform the Minister and the Secretary of
significant developments relating to the arts
and creative industries;
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Creative Victoria Act 2017
No. of 2017
Part 3--Administration
(e) to consult with bodies and people in the
arts and creative industries to understand
the opportunities and challenges facing
them and to develop strategies to respond
to these opportunities and challenges;
(f) to oversee the governance arrangements of
statutory and State-owned arts bodies and
companies;
(g) to develop and maintain partnerships
with community and philanthropic
organisations, representative and peak
bodies and government bodies, at local,
state and federal level.
(2) The Chief Executive has power to do all things
necessary or convenient to be done for, or in
connection with, carrying out the objectives of
the Chief Executive and performing the functions
of the Chief Executive.
(3) In performing functions and exercising powers
under this Act, the Chief Executive is subject to
the control and direction of the Secretary.
(4) The Chief Executive must report to the Secretary
on all matters relating to the performance of
functions and the exercise of powers by the Chief
Executive under this Act.
11 Acting Chief Executive
(1) The Secretary may appoint a person to act in
the office of the Chief Executive, for a term not
exceeding 6 months, during a vacancy in the
office of the Chief Executive.
(2) The appointment of an Acting Chief Executive
is on the terms and conditions specified in the
instrument of appointment.
(3) An Acting Chief Executive has all the powers
and functions of the Chief Executive.
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Creative Victoria Act 2017
No. of 2017
Part 3--Administration
12 Minister to prepare strategy for the arts and
creative industries
(1) The Minister must ensure that a strategy for the
arts and creative industries is prepared no later
than 1 September in every fourth year after this
section comes into operation.
(2) A strategy for the arts and creative industries
must--
(a) identify the key strategies for the arts and
creative industries in Victoria; and
(b) review whether the strategies identified
under paragraph (a) effectively--
(i) improve the knowledge, understanding,
appreciation and practice of the arts in
Victoria; and
(ii) encourage and assist the growth
and impact of the arts and creative
industries; and
(iii) promote and improve access to and
participation in the arts and creative
industries; and
(iv) encourage and assist the provision
of facilities for the development,
performance and display of the arts
and creative industries; and
(v) support and promote the practice of
Aboriginal and Torres Strait Islander
arts in Victoria.
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Creative Victoria Act 2017
No. of 2017
Part 4--Repeal and transitional provisions
Part 4--Repeal and transitional provisions
13 Definitions--Part 4
In this Part--
Arts Fund means the Arts Fund established by
section 9 of the Arts Victoria Act 1972;
commencement day means the day that this
Part comes into operation;
Director means the Director, Arts Victoria
employed in accordance with section 7
of the Arts Victoria Act 1972;
Victorian Council of the Arts means the
Victorian Council of the Arts established
under section 11 of the Arts Victoria
Act 1972.
14 Repeal of Arts Victoria Act 1972
The Arts Victoria Act 1972 is repealed.
15 Arts Fund, Victorian Council of the Arts and
position of Director, Arts Victoria abolished
On the commencement day--
(a) the Arts Fund is abolished and all money
forming part of the Arts Fund immediately
before that day becomes part of the
Consolidated Fund; and
(b) the Victorian Council of the Arts is abolished
and any person appointed to be a member of
the Victorian Council of the Arts ceases to
hold office; and
(c) any person employed as the Director ceases
to be employed in that position.
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Creative Victoria Act 2017
No. of 2017
Part 4--Repeal and transitional provisions
16 Chief Executive succeeds Director, Arts Victoria
(1) On the commencement day, the Chief Executive
is, by force of this section, substituted for the
Director as a party to any arrangement or
contract--
(a) entered into by or on behalf of the Director
as a party; and
(b) that is in force immediately before that day.
(2) A reference to the Victorian Council of the Arts
or the Director in any Act (other than this Act),
subordinate instrument, agreement, deed or other
document must be construed as a reference to the
Chief Executive--
(a) so far as the reference relates to any period
on or after the commencement day; and
(b) if not inconsistent with the subject matter.
17 Transfer of records and information to the Chief
Executive
All information, documents, reports, records
and equipment in the possession or control of the
Victorian Council of the Arts or the Director
immediately before the commencement day--
(a) must be transferred to the custody of the
Chief Executive as soon as practicable after
the commencement day; and
(b) are taken to be information, documents,
reports, records and equipment in the
possession or control of the Chief Executive
on and from the commencement day.
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Creative Victoria Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to establish
the office of the Chief Executive, Creative Victoria, to repeal the Arts
Victoria Act 1972 and for other purposes."
By Authority. Government Printer for the State of Victoria.
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