An Act to establish the Australian Sports Commission, and for
related purposes
Part I—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Australian
Sports Commission Act 1989.
2
Commencement [see
Note 1]
This Act commences on a day to be fixed
by Proclamation.
3
Interpretation
In this Act, unless the contrary
intention appears:
appointed member means a member other than
the Secretary to the Department.
Australia includes the external Territories.
Australian Sports Foundation means the
company referred to in section 10.
Chairperson means the Chairperson of the
Commission.
Commission means the Australian Sports
Commission established by this Act.
Deputy Chairperson means the Deputy
Chairperson of the Commission.
Director means the Director of the Institute.
Executive Director means the Executive
Director of the Commission.
Institute means the Australian Institute of
Sport referred to in section 9.
member means a member of the Commission and
includes the Chairperson and the Deputy Chairperson.
4
Extension to external Territories
This Act extends to all external
Territories.
Part II—Establishment, objects, functions and powers of the
Commission
5
Establishment
(1) There is established by this Act a
Commission by the name of the Australian Sports Commission.
(2) The Commission:
(a) is a body corporate with perpetual
succession;
(b) shall have a common seal; and
(c) may sue and be sued.
Note: The Commonwealth Authorities and Companies
Act 1997 applies to the Commission. That Act deals with matters relating to
Commonwealth authorities, including reporting and accountability, banking and
investment, and conduct of officers.
(3) All courts, judges and persons acting
judicially shall take notice of the imprint of the common seal of the
Commission appearing on a document and shall presume that the document was duly
sealed.
6
Objects
(1) The objects of the establishment of the
Commission are:
(a) to provide leadership in the
development of sport in Australia;
(b) to encourage increased
participation and improved performance by Australians in sport;
(c) to provide resources, services and
facilities to enable Australians to pursue and achieve excellence in sport while
also furthering their educational and vocational skills and other aspects of
their personal development;
(d) to improve the sporting abilities
of Australians generally through the improvement of the standard of sports
coaches;
(e) to foster co‑operation in
sport between Australia and other countries through the provision of access to
resources, services and facilities related to sport; and
(f) to encourage the private sector
to contribute to the funding of sport to supplement assistance by the Commonwealth.
(2) In this section, a reference to
Australians includes a reference to persons who are ordinarily resident
in Australia.
7
Functions
(1) The functions of the Commission are:
(a) to advise the Minister in relation
to the development of sport;
(b) to co‑ordinate activities in
Australia for the development of sport;
(c) to develop and implement programs
that promote equality of access to, and participation in, sport by all
Australians;
(d) to develop and implement programs
for the recognition and development of:
(i) persons who excel, or
who have the potential to excel, in sport; and
(ii) persons who have
achieved, or who have the potential to achieve, standards of excellence as
sports coaches, umpires, referees or officials essential to the conduct of
sport;
(e) to initiate, encourage and
facilitate research and development in relation to sport;
(f) to undertake research and
development related to sports science and sports medicine;
(g) to provide sports medicine
services and sports science services to persons participating in programs of
the Commission;
(h) to establish, manage, develop and
maintain facilities for the purposes of the Commission;
(j) to collect and distribute
information, and provide advice, on matters related to the activities of the
Commission;
(k) for the purpose of fostering co‑operation
in sport between Australia and other countries, to provide access to persons
from other countries to the resources, services and facilities of the
Commission;
(m) to raise money through the
Australian Sports Foundation, or by other means, for the purposes of the
Commission;
(n) to administer and expend money
appropriated by the Parliament, or raised in accordance with paragraph (m),
for the purposes of the Commission;
(p) to consult and co‑operate
with appropriate authorities of the Commonwealth, of the States and of the
Territories, and with other persons, associations and organisations, on matters
related to the activities of the Commission; and
(q) to provide advice on matters related
to sport to the Australian Olympic Federation or other persons, bodies or
associations; and
(r) to co‑operate with national
and international sporting organisations in aiming to foster a sporting
environment that is free from the unsanctioned use of performance enhancing
drugs and doping methods.
(2) The functions of the Commission may be
performed within or outside Australia.
(3) The Commission may perform any of its
functions in co‑operation with a State or Territory or any person,
association or organisation.
(4) Subject to section 11, the function
of the Commission under paragraph (1)(q) may be performed at the
discretion of the Commission.
(4A) The function of the Commission under paragraph (1)(r)
may only be performed to the extent that it does not overlap any of the
functions of the Australian Sports Anti‑Doping Authority.
(5) The Commission may perform its functions
to the extent only that they are not in excess of the functions that may be
conferred on it by virtue of any of the legislative powers of the Parliament,
and, in particular, may perform its functions:
(a) by way of expenditure of money
that is available for the purposes of the Commission in accordance with an
appropriation made by the Parliament;
(b) for purposes related to the collection
of statistics;
(c) for purposes related to external
affairs; and
(d) for purposes in relation to a
Territory.
(6) In this section, Australian Olympic
Federation means the Australian Olympic Federation Incorporated, being
an association incorporated on 24 April 1985 under the Associations
Incorporation Act 1985 of Victoria.
8
Powers
(1) The Commission has power to do all things
necessary or convenient to be done for or in connection with the performance of
its functions and, in particular, may:
(a) enter into contracts; and
(b) acquire, hold and dispose of real
or personal property; and
(c) occupy, use and control any land
or building owned or held under lease by the Commonwealth and made available
for the purposes of the Commission; and
(d) make grants or lend money, and
provide scholarships or like benefits; and
(e) appoint agents and attorneys, and
act as an agent for other persons; and
(f) engage persons to perform
services for the Commission; and
(g) accept gifts, grants, bequests and
devises made to the Commission (whether on trust or otherwise) and act as
trustee of money or other property vested in the Commission on trust; and
(h) erect buildings and structures and
carry out works; and
(j) obtain commercial sponsorship for
the Commission and participate in marketing arrangements involving the
endorsement by the Commission of products and services associated with sport;
and
(k) arrange for the manufacture of,
and distribute (whether by way of sale or otherwise), any article or thing
bearing a mark, symbol or writing that is associated with the Commission; and
(m) provide (whether by sale or
otherwise) goods and services to persons using, or otherwise attending at,
facilities of the Commission; and
(ma) despite subsection 46(2), obtain
goods or services on credit from any person by the use of a credit card; and
(n) do anything incidental to any of
its powers.
(2) The
Commission may charge such fees, or impose such charges, as are reasonable in
respect of:
(a) access to, or use of, any of the
resources or facilities of the Commission;
(b) the provision of programs,
services, information or advice by the Commission; and
(c) the admission of persons to events
and activities conducted by the Commission.
(3) The powers of the Commission may be
exercised within or outside Australia.
9
Commission to operate under the name Australian Institute of Sport when
performing certain functions
The Commission shall, in connection with
the performance of:
(a) its functions under paragraphs 7(1)(d),
(f), (g) and (h); and
(b) such
other of its functions (if any) as it considers appropriate;
operate under the name “Australian Institute of Sport”.
10
Australian Sports Foundation
(1) As soon as practicable after the
commencement of this Act, the Commission shall arrange for the name of the
company known as the “Australian Sports Aid Foundation” (being the company that
was incorporated in the Australian Capital Territory on 18 February 1986
under the Companies Act 1981 for the purpose of section 8 of the Australian
Sports Commission Act 1985) to be changed to the “Australian Sports
Foundation”.
(2) After the change of name of the company
in accordance with subsection (1) the company is not authorised to change
its name.
(3) The purpose of the company is to raise
money for the development of sport in Australia.
(4) Except to the extent necessary for the
performance of its functions in relation to the Commission, the company is not
empowered to do anything that the Commission is not empowered to do.
11
Minister may give directions
(1) Subject to subsection (2), the
Minister may give written directions to the Commission with respect to the
policies and practices to be followed by the Commission in the performance of
its functions, and the exercise of its powers, and the Commission shall comply
with the directions.
(2) The Minister shall not give a direction
to the Commission under subsection (1) unless the Minister:
(a) has informed the Commission, in
writing, that the Minister is considering giving the direction; and
(b) has given the Chairperson an
opportunity to discuss the need for the proposed direction with the Minister.
(3) The Minister shall cause a copy of each
direction given under subsection (1):
(a) to be published in the Gazette as
soon as practicable after giving the direction; and
(b) to be laid before each House of
the Parliament within 15 sitting days of that House after giving the direction.
12
Access to facilities by individuals and community groups
The Commission shall, to the extent that
it is practicable to do so having regard to the objects for which it was
established and its functions, allow individuals and groups within the
community to have access to, and to make use of, the resources, services and
facilities of the Commission, whether or not for purposes related to sport.
Part III—Constitution and meetings of the Commission
13
Membership of Commission
(1) The Commission shall consist of:
(a) the Chairperson; and
(b) the Deputy Chairperson; and
(ba) the Secretary to the Department;
and
(c) not fewer than 5 nor more than 10
other members.
(2) A member referred to in paragraph (1)(a),
(b) or (c) shall be appointed by the Minister.
(3) A member referred to in paragraph (1)(a)
or (b):
(a) may be appointed on a full‑time
or part‑time basis; and
(b) holds office for such period, not
exceeding 5 years, as is specified in the instrument of appointment, but is
eligible for re‑appointment.
(4) A member referred to in paragraph (1)(c):
(a) shall be appointed on a part‑time
basis; and
(b) holds office for such period, not
exceeding 3 years, as is specified in the instrument of appointment, but is
eligible for re‑appointment.
(6) The appointment of a member is not
invalid because of a defect or irregularity in connection with the member’s
appointment.
(7) The exercise of the powers, or the
performance of the functions, of the Commission is not affected merely because:
(a) there is a vacancy in the office
of Chairperson or Deputy Chairperson or the office of Secretary to the
Department; or
(b) the number of persons appointed
under paragraph (1)(c) falls below 5 for not longer than 3 months.
(8) A member holds office on such terms and
conditions (if any), in respect of matters not provided for by this Act, as are
determined in writing by the Minister.
14
Leave of absence
(1) A full‑time member has such
recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may:
(a) if the Chairperson is appointed on
a full‑time basis—grant to the Chairperson leave of absence, other than
recreation leave, on such terms and conditions as to remuneration or otherwise
as the Minister determines; or
(b) if the Chairperson is appointed on
a part‑time basis—grant to the Chairperson leave to be absent from a
meeting or meetings of the Commission.
(3) The Chairperson may:
(a) grant to a full‑time member,
other than the Chairperson, leave of absence, other than recreation leave, on
such terms and conditions as to remuneration or otherwise as the Chairperson
determines; and
(b) grant to a part‑time member,
other than the Chairperson, leave to be absent from a meeting or meetings of
the Commission.
15
Resignation
(1) The Chairperson may resign the office of
Chairperson by writing signed by the Chairperson and delivered to the Minister.
(2) The Deputy Chairperson may resign the
office of Deputy Chairperson by writing signed by the Deputy Chairperson and
delivered to the Minister.
(3) An appointed member (other than the
Chairperson or Deputy Chairperson) may resign his or her office by writing
signed by the member and delivered to the Minister.
16
Outside employment
(1) A member appointed on a full‑time
basis shall not, except with the approval of the Minister, engage in paid
employment outside the duties of the office of the member.
(2) A member appointed on a part‑time
basis shall not engage in any paid employment that, in the opinion of the
Minister, conflicts with the proper performance of the functions of the member.
17
Remuneration and allowances
(1) The Chairperson, the Deputy Chairperson
and the other appointed members shall be paid such remuneration as is
determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, an appointed member shall be paid
such remuneration as is prescribed.
(2) An appointed member shall be paid such
allowances as are prescribed.
(3) This section has effect subject to the Remuneration
Tribunal Act 1973.
19
Termination of appointment
(1) The Minister may terminate the
appointment of an appointed member for misbehaviour or physical or mental
incapacity.
(2) If an appointed member:
(a) becomes bankrupt, applies to take
the benefit of any law for the relief of bankrupt or insolvent debtors,
compounds with creditors or makes an assignment of remuneration for the benefit
of those creditors;
(b) fails, without reasonable excuse,
to comply with an obligation imposed by section 27F or 27J of the Commonwealth
Authorities and Companies Act 1997;
(c) is absent, except on leave of
absence granted under section 14, from 3 consecutive meetings of the
Commission;
(d) being a member appointed on a full‑time
basis, engages, without the approval of the Minister, in any paid employment
outside the duties of the office of the member; or
(e) being
a member appointed on a part‑time basis, engages in any paid employment
that, in the opinion of the Minister, conflicts with the proper performance of
the functions of the member;
the Minister shall terminate the appointment of the
member.
20
Acting appointments
(1) The Minister may appoint the Deputy
Chairperson, or the member appointed to act as Deputy Chairperson, to act as
Chairperson:
(a) during a vacancy in the office of
Chairperson, whether or not an appointment has previously been made to the
office; or
(b) during
any period, or during all periods, when the Chairperson is absent from duty or
from Australia or is, for any reason, unable to perform the duties of the
office of Chairperson;
but a person appointed to act during a vacancy shall not
continue so to act for more than 12 months.
(2) The Minister may appoint a member to act
as Deputy Chairperson:
(a) during a vacancy in the office of
Deputy Chairperson, whether or not an appointment has previously been made to
the office; or
(b) during
any period, or during all periods, when the Deputy Chairperson is absent from
duty or from Australia or is, for any reason (including the reason that the
Deputy Chairperson is acting as the Chairperson), unable to perform the duties
of the office of Deputy Chairperson;
but a person appointed to act during a vacancy shall not
continue so to act for more than 12 months.
(3) The Minister may appoint a person to act
as a member referred to in paragraph 13(1)(c):
(a) during a vacancy in the office of
that member, whether or not an appointment has previously been made to the
office; or
(b) during
any period, or during all periods, when that member is absent from duty or from
Australia or is, for any reason (including the reason that the member is
acting as the Chairperson or Deputy Chairperson), unable to perform the duties
of the office of member;
but a person appointed to act during a vacancy shall not
continue so to act for more than 12 months.
(4) Anything done by or in relation to a
person purporting to act under subsection (1), (2) or (3) is not invalid
because:
(a) the occasion for the person’s
appointment had not arisen;
(b) there was a defect or irregularity
in connection with the person’s appointment;
(c) the person’s appointment had
ceased to have effect; or
(d) the occasion for the person to act
had not arisen or had ceased.
21
Meetings of Commission
(1) The Commission shall hold such meetings
as are necessary for the efficient performance of its functions.
(2) The Chairperson:
(a) may, at any time, convene a
meeting of the Commission; and
(b) shall, on receipt of a written
request signed by not less than 3 other members, convene a meeting of the
Commission.
(3) The Minister may, at any time, convene a
meeting of the Commission.
(4) The Chairperson shall preside at all
meetings of the Commission at which he or she is present.
(5) Where the Chairperson is not present at a
meeting of the Commission, the Deputy Chairperson shall preside, or, if the
Deputy Chairperson is not present, the members present shall appoint one of
their number to preside at the meeting.
(6) Subject to this Act, the person presiding
at a meeting may give directions regarding the procedure to be followed at or
in connection with that meeting.
(7) At a meeting:
(a) 5 members constitute a quorum;
(b) all questions shall be decided by
a majority of votes of the members present and voting; and
(c) the person presiding has a
deliberative vote and, in the event of an equality of votes, also has a casting
vote.
(8) Where a majority of the members (being a
majority of the members that includes the Chairperson) sign a document
containing a statement that they are in favour of a resolution in terms set out
in the document, a resolution in those terms shall be taken to have been passed
at a duly constituted meeting of the Commission held on the day on which the
document was signed, or, if the members sign the document on different days, on
the last of those days.
(9) For the purposes of subsection (8),
2 or more separate documents containing statements in identical terms each of
which is signed by one or more members shall together be taken to constitute
one document containing a statement in those terms signed by those members on
the respective days on which they signed the separate documents.
(10) A member shall not sign, under subsection (8),
a document containing a statement in favour of a resolution if the resolution
is in respect of a matter in which the member has a material personal interest.
(11) The Commission shall keep records of its
meetings and records of resolutions taken to have been passed in accordance
with subsection (8).
(12) The Commission may invite a person to
attend a meeting of the Commission for the purpose of advising or informing the
Commission on any matter.
22
Committees
(1) The Commission may establish such
committees as it thinks fit, and a committee shall assist the Commission as
directed by the Commission.
(2) A committee shall be constituted wholly
by members of the Commission or partly by members of the Commission and partly
by other persons.
(3) Where a committee is constituted partly
by members of the Commission and partly by other persons, the Chairperson of
the committee shall be a person who is a member of the Commission.
(4) The number of members of a committee
required to constitute a quorum at a meeting of that committee shall be as
specified by the Commission.
(5) A member of a committee who is not also a
member, or an employee, of the Commission shall be paid such remuneration and
allowances (if any) as the Commission determines.
(6) The office of member of a committee is
not a public office within the meaning of the Remuneration Tribunal Act 1973.
(7) Sections 27F to 27L of the Commonwealth
Authorities and Companies Act 1997 apply to a member of a committee as if:
(a) the committee were the Board
referred to in that section; and
(b) the member were a director of a
Commonwealth authority referred to in that section; and
(c) the Commission were the responsible
Minister referred to in that section.
Part IV—Strategic plans and annual operational plans
23
Strategic plans
(1) The Commission shall develop, and prepare
in writing, for each successive period determined in accordance with subsection (2),
a strategic plan setting out the manner in which it is proposed that its
functions will be performed during that period.
(2) The first strategic plan prepared in
accordance with this section shall be expressed to relate to a period of 4
years commencing on a day occurring within 12 months after the commencement of
this Act and each subsequent strategic plan shall be expressed to relate to the
period of 4 years commencing at the end of the period to which the immediately
preceding strategic plan relates.
(3) Each strategic plan prepared in
accordance with this section shall be laid before each House of the Parliament
within 15 sitting days of that House after approval by the Minister of the
plan.
24
Approval and commencement of strategic plans
A strategic plan prepared in accordance
with section 23 shall be submitted to the Minister for approval not less
than 3 months, or such lesser period as the Minister, in special circumstances,
allows, before the day of commencement of the period to which the strategic
plan relates and shall come into force on:
(a) the day on which it is approved by
the Minister; or
(b) the
day of commencement of the period to which it relates;
whichever is the later.
25
Variation of strategic plans
(1) The Commission shall, from time to time,
during the period in respect of which a strategic plan prepared in accordance
with section 23 is in force, consider whether a variation of the strategic
plan is necessary.
(2) Where the Commission considers that a
variation of a strategic plan is necessary, the Commission may, with the
approval of the Minister, vary the strategic plan.
(3) Where a variation of a strategic plan is
approved by the Minister the plan as so varied shall continue in force on and
after the day on which the variation is so approved as if the plan had
originally been approved by the Minister as so varied.
26
Annual operational plan
(1) The Commission shall develop, and prepare
in writing, in respect of each financial year ending after the commencement of
this Act, an operational plan, setting out particulars of:
(a) the programs the Commission
proposes to carry out; and
(b) the
resources the Commission proposes to allocate to each such program;
during that year in giving effect to the strategic plan
that relates, or the intended strategic plan that will relate, to a period that
includes that year or a part of that year.
(2) If the Minister is of the opinion that an
operational plan in relation to a financial year is inconsistent with the
strategic plan relating to the period that includes that year or a part of that
year, the Minister may, in writing, request the Commission to revise the
operational plan.
(3) The Commission may, at any time, revise
an operational plan, and shall revise the plan if the Minister requests it
under subsection (2) to do so and gives written reasons for the request.
(4) An operational plan, or a revision of an
operational plan:
(a) shall be submitted to the Minister
as soon as practicable; and
(b) comes into force when it is
approved, in writing, by the Minister.
(5) The Minister shall approve an operational
plan, or a revision of an operational plan, unless the Minister is of the
opinion that the plan, or the plan as proposed to be revised, as the case may
be, is inconsistent with the strategic plan.
27
Compliance with plans
To the extent that it is practicable to
do so and subject to this Act, the Commission shall perform its functions and
exercise its powers in a manner that is consistent with, and is designed to
give effect to, any strategic plan and any operational plan that are in force.
Part V—Executive Director and Director of Institute
28
Executive Director
(1) There shall be an Executive Director of
the Commission who shall be appointed by the Commission.
(3) The Commission shall not appoint a member
as Executive Director.
(4) The appointment of a person as Executive
Director is not invalid because of a defect or irregularity in connection with
the person’s appointment.
29
Duties of Executive Director
(1) The Executive Director shall manage the
affairs of the Commission subject to the directions of, and in accordance with
policies determined by, the Commission.
(2) All acts and things done in the name of,
or on behalf of, the Commission by the Executive Director, for the purposes of
this Act, shall be taken to have been done by the Commission.
30
Director
(1) There shall be a Director of the
Institute who shall be appointed by the Commission.
(3) The Commission shall not appoint a member
as Director.
(4) The appointment of a person as Director
is not invalid because of a defect or irregularity in connection with the
person’s appointment.
31
Duties of Director
(1) The Director shall, under the direction
of the Executive Director and in accordance with policies determined by the
Commission, conduct such of the affairs of the Commission as are relevant to
the functions of the Commission referred to in section 9.
(2) All acts and things done in the name of,
or on behalf of, the Commission by, or with the authority of, the Director, for
the purposes of this Act, shall be taken to have been done by the Commission.
32
Tenure of Executive Director
The Executive Director shall hold office
for such period, not exceeding 5 years, as is specified in the instrument of his
or her appointment, but is eligible for re‑appointment.
33
Remuneration and allowances
(1) The Executive Director shall be paid such
remuneration as is determined by the Remuneration Tribunal, but, if no such
determination of that remuneration by the Tribunal is in operation, the
Executive Director shall be paid such remuneration as is prescribed.
(2) The Executive Director shall be paid such
allowances as are prescribed.
(3) This section has effect subject to the Remuneration
Tribunal Act 1973.
34 Outside
employment
The Executive Director shall not engage
in paid employment outside the duties of his or her office except with the
approval of the Commission.
35
Leave of absence
(1) The Executive Director has such
recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Commission may grant to the Executive
Director leave of absence, other than recreation leave, on such terms and
conditions as to remuneration or otherwise as the Commission determines.
36
Resignation
The Executive Director may resign office
by writing signed and delivered to the Chairperson.
37
Disclosure of interests
The Executive Director shall give
written notice to the Chairperson of all direct or indirect pecuniary interests
that the Executive Director has or acquires in any business or in any body
corporate carrying on any business.
38
Terms and conditions of appointment not provided for by Act
The Executive Director holds office on
such terms and conditions (if any), in relation to matters not provided for by
this Act, as are determined by the Commission.
39
Acting Executive Director
(1) The Commission may appoint a person
(other than a member) to act as Executive Director:
(a) during a vacancy in the office of
Executive Director (whether or not an appointment has previously been made to
the office); or
(b) during
any period, or during all periods, when the Executive Director is absent from
duty or from Australia or is, for any reason, unable to perform the duties of
the office;
but a person appointed to act during a vacancy shall not
continue so to act for more than 12 months.
(2) Anything done by or in relation to a
person purporting to act as Executive Director is not invalid because:
(a) the occasion for the appointment
had not arisen;
(b) there was a defect or irregularity
in connection with the appointment;
(c) the appointment had ceased to have
effect; or
(d) the occasion for the person to act
as Executive Director had not arisen or had ceased.
40
Application of sections 32 to 39 to Director
Sections 32 to 39 (both inclusive)
apply to the Director as if any reference in those sections to the Executive
Director were a reference to the Director.
Part VI—Staff and consultants
41
Employees
(1) The Executive Director may, on behalf of
the Commission, employ such persons as the Commission considers necessary for
the performance of its functions and the exercise of its powers.
(2) The terms and conditions of employment of
a person employed under subsection (1) are such as are determined by the
Commission.
(3) The Executive Director may arrange with
an Agency Head (within the meaning of the Public Service Act 1999), or
with a body established by an Act, for the services of officers or employees of
that Agency or of that body to be made available to the Commission.
42
Consultants
(1) The Commission may engage persons having
suitable qualifications and experience as consultants to the Commission.
(2) The terms and conditions of engagement
shall be determined by the Commission.
Part VII—Finance
43
Appropriation of money
(1) There is payable to the Commission such
money as is appropriated by the Parliament for the purposes of the Commission.
(2) The Minister for Finance may give
directions as to the amounts in which, and the times at which, money referred
to in subsection (1) is to be paid to the Commission.
45
Application of money
(1) The money of the Commission shall be
applied only:
(a) in payment or discharge of the
expenses, charges, obligations and liabilities incurred or undertaken by the
Commission in the performance of its functions and the exercise of its powers;
and
(b) in payment of remuneration and
allowances payable under this Act.
(2) Subsection (1) does not prevent
investment of surplus money of the Commission under section 18 of the Commonwealth
Authorities and Companies Act 1997.
46
Borrowing from the Commonwealth
(1) The Minister for Finance may, on behalf
of the Commonwealth, out of money appropriated by the Parliament for the
purpose, lend money to the Commission at such rates of interest and on such
other terms and conditions as that Minister determines.
(2) The Commission shall not borrow money
except in accordance with subsection (1).
(3) The Commission may give security over the
whole or part of its assets for the repayment of amounts borrowed under subsection (1)
and the payment of interest on amounts so borrowed.
47
Contracts
(1) The Commission shall not, except with the
written approval of the Minister:
(a) enter into a contract involving
the payment or receipt by the Commission of an amount exceeding $500,000; or
(b) enter into a lease of land for a
period of 10 years or more.
(2) Paragraph (1)(a) does not apply to
the investment of money by the Commission in accordance with subsection 18(3)
of the Commonwealth Authorities and Companies Act 1997.
48
Extra matters to be included in annual report
(2) The members must, in each report on the
Commission under section 9 of the Commonwealth Authorities and
Companies Act 1997:
(aa) specify the financial transactions
and the state of the affairs of the Australian Sports Foundation;
(a) include particulars of each
direction given to it by the Minister under subsection 11(1) that is applicable
in relation to the financial year to which the report relates;
(b) include an assessment of the
extent to which its operations during the financial year to which the report
relates have:
(i) achieved its
objectives as stated in the relevant strategic plan; and
(ii) implemented the
operational plan applicable to that financial year; and
(c) include particulars of:
(i) significant capital
works programs (if any) undertaken by the Commission during the financial year
to which the report relates;
(ii) significant
acquisitions and dispositions of real property by the Commission during that
financial year; and
(iii) variations to the
strategic plan and to the operational plan agreed to by the Minister during
that financial year.
50
Commission exempt from taxation
(1) Subject to subsection (3), the
income, property and transactions of the Commission are not subject to taxation
under the laws of the Commonwealth or of a State or Territory.
(3) The regulations may provide that subsection (1)
does not apply in relation to taxation under a specified law.
51 Foundation
exempt from taxation
(1) Subject to subsection (3), the
income, property and transactions of the Australian Sports Foundation are not
subject to taxation under the laws of the Commonwealth or of a State or
Territory.
(3) The regulations may provide that subsection (1)
does not apply in relation to taxation under a specified law.
Part VIII—Miscellaneous
52
Trust money
(1) The Commission shall ensure that any
money received or held by the Commission on trust is paid into an account, or
more than one account, maintained under subsection 18(2) of the Commonwealth
Authorities and Companies Act 1997 that does not contain any money of the
Commission not held on trust.
(2) Despite section 45:
(a) money or other property held by
the Commission on trust shall be applied or dealt with only in accordance with
the powers and duties of the Commission as trustee; and
(b) money held by the Commission on
trust may be invested:
(i) in any manner in which
the Commission is authorised to invest that money by the terms of the trust; or
(ii) in
any manner in which trust money may, for the time being, be invested under law;
but not otherwise.
54
Delegation by Commission
(1) The Commission may, by resolution,
delegate to:
(a) a member of the Commission;
(b) a committee established under
section 22;
(c) the Executive Director;
(d) the Director; or
(e) a
person employed under section 41;
all or any of the Commission’s powers under this Act,
other than the Commission’s powers under sections 22, 23, 25 and 26 and
subsections 28(1), 29(1), 30(1) and 39(1) (including the Commission’s powers
under subsection 39(1) as that subsection applies by virtue of section 40).
(2) The delegate is, in the exercise of a
power so delegated, subject to any directions given by the Commission.
55
Delegation by Executive Director
(1) The Executive Director may, by signed
instrument, delegate to:
(a) the Director; or
(b) a
person employed under section 41;
all or any of his or her powers under this Act.
(2) The delegate is, in the exercise of a
power delegated under subsection (1), subject to any directions given by
the Executive Director.
56
Delegation by Minister
The Minister may, by signed instrument,
delegate to:
(a) the Commission;
(b) a member of the Commission; or
(c) the
Executive Director;
all or any of the Minister’s powers under this Act, other
than the Minister’s powers under section 11, subsection 13(2) and sections 20,
24, 25, 26 and 47.
57
Protection from civil actions
A member, the Executive Director or the
Director is not liable to an action or other proceeding for damages for or in
relation to an act done or omitted to be done in good faith in the performance
or purported performance of any function, or in the exercise or purported
exercise of any power, of the Commission.
57A
Disclosure of information to the Australian Sports Anti‑Doping Authority
(1) The Commission may disclose information
to the Australian Sports Anti‑Doping Authority if the information:
(a) relates to a sports drug and
safety matter (within the meaning of the Australian Sports Anti‑Doping
Authority Act 2006); or
(b) is otherwise relevant to the
performance of the functions of the Australian Sports Anti‑Doping
Authority.
(2) If information disclosed under subsection (1)
is personal information (within the meaning of the Privacy Act 1988),
the information is taken to be NAD scheme personal information for the purposes
of the Australian Sports Anti‑Doping Authority Act 2006.
58
Regulations
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary
or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, may make regulations:
(c) regulating, restricting or
prohibiting the entry of persons onto or into any land or building owned by, or
under the control of, the Commission, regulating the conduct of persons on or
in any such land or building, and providing for the removal of persons from any
such land or building;
(d) prohibiting or regulating the use
of any emblem, logo, design, mark, symbol or name that is associated with the
Commission; and
(e) prescribing penalties not
exceeding a fine of $500 for offences against the regulations.