An Act to assist, promote and strengthen the screen and digital games industries in New South Wales.
Part 1 Preliminary
1 Name of Act
This Act is the Screen and Digital Games Industries Act 2025.
2 Commencement
This Act commences on 1 July 2025.
3 Definitions
The dictionary in Schedule 1 defines words used in this Act.Note—The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
4 Object
The object of this Act is to assist, promote and strengthen the screen and digital games industries in New South Wales—(a) to promote Australia’s cultural identity and acknowledge the intrinsic worth of Australian stories to community wellbeing, and(b) to recognise and nurture screen and digital games storytelling as a public good, and(c) to encourage the employment of Australians in all aspects of screen and digital games production, and(d) to encourage investment in the screen and digital games industries and enhance the industries’ export potential, and(e) to encourage innovation and enhance quality in the screen and digital games industries, and(f) by promoting cooperation between the State, local councils and participants in the screen and digital games industries in a way that supports the screen and digital games industries.
Part 2 Functions of Secretary
5 Secretary’s functions
(1) The Secretary has the following functions under this Act—(a) to provide financial and other assistance to the screen and digital games industries in carrying out the industries’ activities in New South Wales and to disseminate information about the activities,(b) to provide financial and other assistance for persons whose work in the screen and digital games industries merits encouragement, including directors, producers, actors, writers, technicians and game developers,(c) to provide financial and other assistance for script, game or other project development for screen or digital games production,(d) to contribute, financially and otherwise, to the work of screen or digital games festivals and other events and markets,(e) to assist in—(i) the promotion of public interest in screen and digital games as mediums of communication and as art forms, and(ii) the development of informed and critical screen and digital games audiences,(f) to provide policy and support services and advice to Government agencies on screen and digital games production,(g) to undertake screen and digital games production for the State or for other persons, bodies or organisations, including Government agencies,(h) to carry out obligations and responsibilities required for the maintenance and administration of the screen or digital games catalogue vested in the State.(2) The Secretary has the power to do anything necessary or convenient to be done for or in connection with the exercise of the Secretary’s functions, including the power to impose charges or fees for access to, or use of, resources, facilities or services of the Department as the Secretary considers appropriate.
Part 3 Advisory Committee
6 Advisory Committee
(1) The Screen and Digital Games Industries Advisory Committee is established.(2) The Advisory Committee consists of members appointed by the Minister.(3) The composition of the Advisory Committee must be determined by the regulations.(4) The Advisory Committee has the following functions—(a) to advise the Minister on the operation of the screen and digital games industries in New South Wales,(b) any other functions—(i) prescribed by the regulations, or(ii) agreed between the Minister and the Advisory Committee.(5) The regulations may prescribe matters about the members and procedure of the Advisory Committee.
Part 4 Assistance to screen and digital games industries
Division 1 Principles
7 Principles to be applied to assist screen and digital games industries
(1) This section applies if a decision-maker is making a decision in relation to screen or digital games production including under this Act or another Act.(2) The decision-maker must ensure the following principles are complied with in making the decision—(a) applications for access to locations, services and approvals for screen or digital games production must be decided within—(i) timeframes provided in—(A) a policy published by the decision-maker making the decision, or(B) the applicable filming protocol, or(ii) if a timeframe for deciding the application is not provided in a policy or protocol referred to in subparagraph (i)—a reasonable timeframe,(b) access to locations and services for screen or digital games production must be supported whenever practicable, taking into account public amenity, safety, security and other operational requirements,(c) fees for access to locations, services from government sector agencies or other approvals for screen or digital games production must be kept to a minimum and reflect only the cost of the access, service or approval being provided.(3) In this section—decision-maker means the following—(a) a Minister,(b) the head of a government sector agency,(c) a local council.
Division 2 Screen production friendly local councils
8 Accreditation of local councils as screen production friendly
(1) A local council may be accredited as a screen production friendly local council.(2) Accreditation of local councils will be carried out and determined in accordance with guidelines issued by the Minister.(3) Without limiting subsection (2), the guidelines must provide for the process for accreditation, including—(a) the criteria to be considered in determining whether a local council will be accredited, and(b) other matters relating to the determination of whether a local council will be accredited.
9 Register of screen production friendly local councils and production spaces and locations
(1) The Secretary must keep a register of—(a) local councils that have been accredited under section 8, and(b) spaces and other locations accessible for screen production.(2) The register must be made available on a website of the Department.
Part 5 Miscellaneous
10 Delegation
The Secretary may delegate the exercise of the Secretary’s functions under this Act, other than this power of delegation, to—(a) a person employed in the Department, or(b) a person, or a class of persons, prescribed by the regulations.
11 Personal liability
(1) A protected person is not personally subject to liability for anything done—(a) in good faith, and(b) for the purpose of exercising a function under this Act.(2) The liability instead attaches to the Crown.(3) In this section—done includes omitted to be done.liability means civil liability and includes action, claim or demand.protected person means—(a) the Secretary, or(b) a member of the Advisory Committee, or(c) a person acting under the direction of the Secretary or a member of the Advisory Committee.
12 (Repealed)
s 12: Rep 1987 No 15, sec 30C.
13 Regulations
The Governor may make regulations about a matter that is—(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.
14 (Repealed)
s 14: Rep 2025 No 23, sec 14.
Schedule 1 Dictionary
section 3
Advisory Committee means the Screen and Digital Games Industries Advisory Committee established under section 6(1).
Department means the department in which this Act is administered.
digital games production means the process of creating games in electronic form using a variety of media, including animation, sound, music and cinematography.
government sector agency has the same meaning as in the Government Sector Employment Act 2013.
head, of a government sector agency, has the same meaning as in the Government Sector Employment Act 2013.
screen production means the process of aggregating moving images with or without sounds that can be viewed on a screen, including, for example, a film or television program or content.
Secretary means the Secretary of the Department.
Part 1 Preliminary
1 Name of regulation
This regulation is the Screen and Digital Games Industries (Advisory Committee) Regulation 2025.
2 Commencement
This regulation commences on the day on which the Act commences.
3 Definitions
In this regulation—chairperson means the member appointed to the Advisory Committee as chairperson of the Advisory Committee.deputy chairperson means the member appointed to the Advisory Committee as deputy chairperson of the Advisory Committee.member means a member of the Advisory Committee.the Act means the Screen and Digital Games Industries Act 2025.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Composition and functions
4 Composition of Advisory Committee—the Act, s 6(3)
(1) The Advisory Committee must consist of not more than 10 members.(2) One member must be appointed chairperson by the member’s instrument of appointment.(3) The chairperson must have significant experience or expertise in the screen or digital games industry.(4) One member may be appointed deputy chairperson by the member’s instrument of appointment.(5) The deputy chairperson must not have significant experience or expertise in the screen or digital games industry.(6) At least 1 member must have experience in the digital games industry.(7) At least 1 member must be an Aboriginal or Torres Strait Islander person.(8) At least 1 member must—(a) have relevant experience in the screen or digital games industry, and(b) reside or work in regional New South Wales.(9) The other members must have relevant experience or expertise in the screen or digital games industry.
5 Functions of Advisory Committee—the Act, s 6(4)
For the Act, section 6(4), the following functions are prescribed—(a) to advise the Secretary in relation to the annual allocation of program funding between screen or digital games industry funding programs administered by the Secretary,(b) to consider recommendations relating to screen or digital games production funding and advise the Secretary in relation to the recommendations,(c) to advise the Secretary in relation to individual screen or digital games industry funding programs administered by the Secretary and, if appropriate, recommend changes to existing funding programs and guidelines,(d) to advise the Minister and Secretary, on request, about submissions from local councils seeking accreditation under the Act, section 8,(e) to advise the Minister and Secretary about matters relating to spaces and other locations accessible for screen or digital games production,(f) to advise the Minister about the strategic direction of the screen and digital games industries in the State,(g) to advocate for and promote awareness of the intellectual property rights of persons employed in the screen and digital games industries in relation to emerging technologies and evolving distribution platforms.
6 Subcommittees
(1) The Advisory Committee may establish subcommittees to assist with the Committee’s functions.(2) Without limiting subsection (1), a subcommittee may be established to manage the allocation of funding to participants in the screen and digital games production industries.(3) To avoid doubt, a subcommittee need not consist of all members of the Advisory Committee, including the chairperson of the Advisory Committee.(4) The chairperson of a subcommittee has—(a) a deliberative vote, and(b) if there is an equality of votes—a second or casting vote.(5) Subject to this regulation, the other procedures of a subcommittee must be decided by the Advisory Committee.
Part 3 Membership of Advisory Committee—the Act, s 6(5)
7 Terms of office of members
(1) A member holds office for the period, not more than 3 years, specified in the member’s instrument of appointment.(2) A person who holds or has held office as a member is eligible for reappointment or appointment to a further term—(a) unless the person has held office for more than 6 years, consecutively or not, and(b) if otherwise qualified.(3) For subsection (2)(a), an appointment does not constitute, and is taken never to have constituted, an appointment to a term of office if the person is appointed—(a) under section 9 to fill the office of a member that has become vacant other than by the expiration of the member’s term of office, and(b) for the balance of the term of office of the person’s predecessor.
8 Remuneration
A member is entitled to be paid the remuneration, including travelling and subsistence allowances, determined by the Minister from time to time in consultation with the Public Service Commissioner.
9 Vacancy in office of member
The office of a member becomes vacant if the member—(a) dies, or(b) completes a term of office and is not reappointed, or(c) resigns the office by written instrument addressed to the Minister, or(d) is removed from office by the Minister under this section, or(e) is absent from 4 consecutive meetings of the Advisory Committee of which reasonable notice has been given to the member personally or by post or email, except—(i) on leave granted by the Committee, or(ii) before the expiration of 4 weeks after the last of the 4 meetings, the member is excused by the Committee for having been absent from the meetings, or(f) is personally insolvent, or(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence punishable in the same way.
10 Filling of vacancy in office of member
(1) If the office of a member becomes vacant, the Minister may, subject to this regulation and the Act, appoint a person to fill the vacancy.(2) Despite subsection (1), if the office of a member becomes vacant, the Secretary may appoint a person to fill the vacancy on a temporary basis for a period no longer than 6 months.
11 Disclosure of pecuniary interests
(1) Subsection (2) applies if—(a) a member of the Advisory Committee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Committee, and(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.(2) The member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Advisory Committee.(3) A member may disclose at a meeting of the Advisory Committee that the member—(a) is a member of, or employed by, a specified company or another body, or(b) is a partner of, or employed by, a specified person, or(c) has some other specified interest relating to the specified company, body or person.(4) The disclosure under subsection (3) is a sufficient disclosure by the member of the nature of the interest in a matter relating to that company or other body and the member is not required to repeat the disclosure for later meetings of the Advisory Committee.(5) Particulars of a disclosure made under this section must be recorded by the Advisory Committee in a document kept for the purpose.(6) The document must be made available at all reasonable hours for inspection by a person on payment of the reasonable fee determined by the Advisory Committee.(7) After a member has disclosed the nature of an interest in a matter, the member must not, unless the Minister or the Advisory Committee otherwise determines—(a) be present during a deliberation of the Committee about the matter, or(b) take part in a decision of the Committee about the matter.(8) For the purposes of making a determination by the Advisory Committee under subsection (7), a member who has a direct or indirect pecuniary or other interest in a matter to which a disclosure relates must not—(a) be present when the Committee is making the determination, or(b) take part in the making of the determination.(9) A contravention of this section does not invalidate a decision of the Advisory Committee.(10) In this section, a reference to the Advisory Committee is taken to include a reference to a subcommittee of the Advisory Committee.
12 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.(2) The following provisions in an Act or instrument do not operate to disqualify a person from holding an office and also being an appointed member—(a) a provision requiring a person who is the holder of a specified office to devote the whole of the person’s time to the duties of the office,(b) a provision prohibiting the person from engaging in employment outside the duties of the office.(3) For any Act, the office of a member is not an office or place of profit under the Crown.
Part 4 Procedure of Advisory Committee—the Act, s 6(5)
13 General procedure
The procedure for calling Advisory Committee meetings and conducting business at Committee meetings must, subject to the regulations, be determined by the Committee.
14 Quorum
(1) The quorum for a meeting of the Advisory Committee is 4 members.(2) One of the members must be the chairperson.
15 Presiding member
(1) The chairperson must preside at a meeting of the Advisory Committee.(2) The chairperson has—(a) a deliberative vote, and(b) if there is an equality of votes—a second or casting vote.
16 Voting
A decision supported by a majority of the votes cast at an Advisory Committee meeting at which a quorum is present is the decision of the Committee.
17 Transaction of business outside meetings or by telecommunication
(1) The Advisory Committee may, if it thinks fit, transact its business—(a) by the circulation of papers, by email or other electronic means, among all members, or(b) at a meeting at which all or some members participate by telephone or other electronic means, but only if a member who speaks on a matter at the meeting can be heard by the other members.(2) If the Advisory Committee transacts its business by the circulation of papers under subsection (1)(a), a written resolution approved in writing by a majority of the members of the Committee is taken to be a decision of the Committee made at a Committee meeting.(3) The chairperson and each other member of the Advisory Committee have the same voting rights as at an ordinary Committee meeting for—(a) a meeting held in accordance with subsection (1)(b), or(b) an approval of a resolution under subsection (2).(4) A resolution approved under subsection (2) must be recorded in the minutes of the Advisory Committee meeting.
sch 2: Rep 2025 No 23, sec 14.
sch 3: Rep 1987 No 15, sec 30C.
Schedules 2, 3 (Repealed)