New South Wales: Sound NSW Advisory Board Act 2025 (NSW)

Sound NSW Advisory Board Act 2025 No 4 An Act to establish the Sound NSW Advisory Board. Part 1 Preliminary 1 Name of Act This Act is the Sound NSW Advisory Board Act 2025. 2 Commencement This Act commences on the date of assent to this Act. 3 Definitions In this Act— Board—see section 5. chairperson means the chairperson of the Board. charter means a charter issued by the Minister under section 8. deputy chairperson means the deputy chairperson of the Board. member means a member of the Board appointed under section 6. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. 4 Object of Act The object of this Act is to assist, promote and strengthen the contemporary music industry in New South Wales by establishing the Sound NSW Advisory Board to advise the Minister. Part 2 Sound NSW Advisory Board 5 Establishment of Board The Sound NSW Advisory Board (the Board) is established. 6 Membership of Board (1) The Board must consist of the following members appointed by the Minister— (a) a chairperson, (b) at least 8, and not more than 11, other members. (2) The regulations may provide for matters relating to the members, including eligibility and other requirements for appointment. (3) The Minister may appoint 1 member of the Board as the deputy chairperson of the Board. (4) Schedule 1 contains provisions relating to the members of the Board. 7 Functions of Board (1) The Board's principal function is to provide advice to the Minister about the contemporary music industry in New South Wales. (2) Without limiting subsection (1), the Board's functions include the following— (a) to identify issues affecting the contemporary music industry, (b) to provide advice to the Minister about priorities, projects and proposals relating to the contemporary music industry, (c) to identify opportunities to improve the contemporary music industry, (d) to provide advice to the Minister about matters relating to the intersection between the contemporary music industry and other creative industries, (e) to provide advice to the Minister about other issues relating to the planning, development, integration or implementation of policies and programs in the contemporary music industry, (f) other functions given to the Board under this Act or another Act, including in a charter. 8 Minister may issue charter The Minister may issue a charter to the Board that provides for— (a) additional functions of the Board, or (b) the manner in which the Board must operate. Part 3 Miscellaneous 9 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. 10 Review of Act (1) The Minister must review the operation of section 6(2) and regulations made under section 6(2) to determine whether the composition of the Board remains appropriate for— (a) representing the contemporary music industry in New South Wales, and (b) otherwise achieving the policy objectives of this Act. (2) The review must be undertaken as soon as possible after the period of 3 years from the commencement of this Act. (3) A report on the outcome of the review must be tabled in each House of Parliament as soon as practicable after the end of the period of 3 years. 11 (Repealed) Schedule 1 Constitution and procedure of Board section 6(4) Part 1 Constitution 1 Terms of office of members (1) Subject to this schedule or the regulations, a member holds office for the term, not more than 3 years, specified in the instrument of appointment. (2) A member is eligible, if otherwise qualified, for re-appointment. 2 Part-time appointments Members hold office as part-time members. 3 Remuneration A member is entitled to be paid the remuneration, including allowances, determined by the Minister. 4 Vacancy in office of member The office of an appointed member becomes vacant if the member— (a) dies, or (b) completes a term of office and is not re-appointed, 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 3 consecutive meetings of the Board of which reasonable notice has been given to the member, except if the member is— (i) on leave granted by the Minister, or (ii) excused by the chairperson for having been absent from the meetings, or (f) becomes personally insolvent, or (g) becomes a mentally incapacitated person, or (h) is convicted— (i) in New South Wales of an offence punishable by imprisonment for 12 months or more, or (ii) elsewhere of an offence that, if committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more. 5 Filling of vacancy in office of appointed member If the office of a member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy. 6 Vacancy in office of chairperson and deputy chairperson The chairperson or deputy chairperson vacates office as chairperson or deputy chairperson if the chairperson or deputy chairperson— (a) is removed from office by the Minister under this section, or (b) resigns office by written instrument addressed to the Minister, or (c) ceases to be a member of the Board. 7 Disclosure of pecuniary interests (1) This section applies if— (a) a member has a direct or indirect pecuniary interest in a matter that is being considered or is about to be considered at a meeting of the Board, 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 practicable after becoming aware of the relevant facts, disclose the nature of the interest at a meeting of the Board. (3) Particulars of a disclosure made under this section must be recorded by the Board. (4) The record must be made available to a person for inspection at all reasonable hours. (5) After a member has disclosed the nature of an interest in a matter, the member must not, unless the Minister or the Board otherwise determines— (a) be present during a deliberation of the Board about the matter, or (b) take part in a decision of the Board about the matter. (6) For the purpose of the making of a determination by the Board under subsection (5), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not— (a) be present during any deliberation of the Board for the purpose of making the determination, or (b) take part in the making of the determination. (7) A contravention of this section does not invalidate a decision of the Board. 8 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) If by or under any Act provision is made for either of the following, the provision does not operate to disqualify a person from holding the office and also the office of a member, or from accepting and retaining remuneration payable to the person under this Act as a member— (a) 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) prohibiting the person from engaging in employment outside the duties of the office. 9 Personal liability A matter or thing done or omitted to be done by the Board or a member does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act or another Act, subject a member personally to an action, liability, claim or demand. Part 2 Procedure 10 General procedure The procedure for the calling of meetings of the Board and for the conduct of business at the meetings must, subject to this Act, the regulations and the charter, be determined by the Board. Schedule 2 (Repealed)