1   Name of Regulation

This Regulation may be cited as the Entertainment Industry Regulation 1995.

2   Commencement

This Regulation commences on 1 September 1995.

3   Definition

In this Regulation:

the Act means the Entertainment Industry Act 1989.

4   Fees of entertainment industry representatives: sec 38

(1)  For the purposes of section 38 (1) and (4) of the Act, the following percentages are prescribed:

(a)  in the case of an engagement involving film, television or electronic media—10 per cent,

(b)  in the case of an engagement involving live theatre or a live musical or variety performance (being an engagement that does not involve film, television or electronic media)—10 per cent for any period up to 5 weeks and then 5 per cent for any period after 5 weeks,

(c)  in all other cases—10 per cent.

(2)  The following amounts (being amounts payable to performers) are to be excluded when calculating the percentage of fees or other remuneration that an entertainment industry agent or manager may demand or receive for or in respect of the engagement of a performer:

(a)  travelling and meal allowances,

(b)  holiday pay,

(c)  any long service leave and superannuation payments,

(d)  any overtime or penalty payments which are paid on an irregular basis,

(e)  any award or minimum payments in respect of rehearsals.

5   Financial statements for money received for performers

(1)  As soon as practicable after receiving money on behalf of a performer, an entertainment industry agent or manager must give appropriate financial statements to:

(a)  the performer, and

(b)  any entertainment industry representative who has represented the performer, or carried out activities on behalf of the performer, in connection with the engagement for which the money has been received, and

(c)  to the entertainment industry employer (or other person) by whom or on whose behalf the money has been paid.

(2)  The appropriate financial statements for the purposes of subclause (1) (a) and (b) are:

(a)  a statement of the amount of money received by the agent or manager on behalf of the performer, and

(b)  a statement of the amount of money paid to the performer for the engagement.

(3)  The appropriate financial statement for the purposes of subclause (1) (c) is a statement of the amount of money received by the agent or manager on behalf of the performer.

6   Delegation: section 53

The class of persons that consists of the following persons is prescribed for the purposes of section 53 (3) (b) of the Act (that is, the class of persons to whom the Minister may delegate functions):

(a)  the Director-General, Department of Commerce,

(b)  the Deputy Director-General, Office of Industrial Relations,

(c)  the Assistant Director-General, Industrial Relations Service Delivery, Office of Industrial Relations.

7   Repeal

(1)  The Entertainment Industry Regulation 1990 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Entertainment Industry Regulation 1990, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Entertainment Industry Regulation 1995 published in Gazette No 105 of 1.9.1995, p 5372 and amended as follows:
Entertainment Industry Amendment (Delegation) Regulation 2004 (GG No 95 of 11.6.2004, p 3494)

Table of amendments