4Definitions
(1)
In this Act:
code of
ethics means a code of ethics developed by the Council under
section 35.
Complaints Committee means the
Complaints Committee established under Part 3.
Council means the Entertainment
Industry Interim Council constituted under section 5.
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.
employment includes an engagement or
other arrangement, whether or not constituting a contract of
employment.
entertainment industry agent means a
person who, for financial benefit, carries out any one or more of the
following entertainment industry activities on behalf of a performer:
(a)
seeking or finding work opportunities for the
performer,
(b)
negotiating the terms of an agreement for, and
the conditions of, a performance,
(c)
finalising arrangements concerning the payment of
the performer,
(d)
negotiating arrangements relating to the
attendance of the performer at a performance,
(e)
administering the contract of the performer with
an entertainment industry employer,
but does not include a person who carries out those
activities solely as an employee of any such agent.
entertainment industry contract
means a contract relating to the entertainment industry, the parties to which
are entertainment industry representatives, entertainment industry employers
or performers.
entertainment industry employer
means a person who employs any performer for the purpose of a
performance.
entertainment industry
representative means an entertainment industry agent, a
manager or a venue consultant.
licence means an entertainment
industry agent’s licence, a manager’s licence or a venue
consultant’s licence in force under this Act, and includes a provisional
licence.
manager means a person (whether
called a personal representative or a personal manager, or otherwise) who, for
financial benefit, represents a performer and who agrees, pursuant to a
written agreement, to carry out or arrange to be carried out any or all of the
activities of an entertainment industry agent and other additional activities
or duties specified in the agreement on behalf of the performer, but does not
include a person who carries out those activities or duties solely as an
employee of any such manager.
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 employer or performer, or
both.
performer means any actor, singer,
dancer, acrobat, model, musician or other performer of any kind employed to
give a performance, but does not include persons of a class exempted by the
Council under subsection (2).
venue
consultant means a person who acts on behalf of an
entertainment industry employer, for a fee or remuneration paid by any such
employer, and who arranges for a performance by a performer at a particular
venue, but does not include a person who arranges for a performance solely as
an employee of a venue consultant or an employer.
(2)
The Council may, by notification published in the
Gazette and with the authority of the Minister, exempt classes of performers
from the operation of this Act.
(3)
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.
(4)
In this Act:
(a)
a reference to a function includes a reference to
a power, authority and duty, and
(b)
a reference to the exercise of a function
includes, where the function is a duty, a reference to the performance of the
duty.
s 4: Am 2001 No 34,
Sch 2.14; 2001 No 112, Sch 2.16.