Brand Tasmania Act 2018

Brand Tasmania Act 2018

This Act may be cited as the Brand Tasmania Act 2018.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

accounts has the same meaning as in the Audit Act 2008;

applicable, in relation to a direction, statement or plan mentioned in any provision, means the particular direction, statement or plan in effect at or during the time or period to which the provision applies or is being considered;

Authority means Brand Tasmania established by section 6;

Authority’s staff means the persons for the time being appointed or employed under section 24;

Board means the Board of the Authority constituted under section 10;

chairperson, in relation to the Board, means the chairperson of the Board appointed under section 10(2);

chief executive officer means the chief executive officer of the Authority appointed in accordance with section 21;

commencement day means the day on which section 29 and Schedule 4 commence;

Committee means a Committee established in accordance with section 15;

contract includes an agreement or arrangement;

corporate plan means a corporate plan referred to in section 20;

financial year means – a period of 12 months ending on 30 June in any year; or any other period of 12 months in respect of which the Authority is required by any written law to maintain accounts;

former Board means the incorporated body known as The Brand Tasmania Council Inc.;

function includes duty;

member, in relation to the Board, means a person appointed as a member of the Board in accordance with this Act;

Ministerial direction– see section 17;

Ministerial statement of expectations– see section 16;

notice means written notice;

promotional and marketing activities includes the process, and any part of the process, of promoting and marketing Tasmanian goods, services, experiences and products;

regulations means regulations made and in force under this Act;

strategic plan– see section 18;

Tasmanian Brand– see section 8;

written law has the same meaning as in the Audit Act 2008.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

This Act does not affect Tourism Tasmania in the performance or exercise of any of its functions or powers under the Tourism Tasmania Act 1996.

Brand Tasmania is established.

The Authority – is a body corporate with perpetual succession; and may have a seal; and may sue and be sued in its corporate name; and is an instrumentality of the Crown.

If the Authority has a seal – it is to be kept and used as authorised by the Authority; and all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Authority.

The main objectives of the Authority are to –

ensure that a Tasmanian Brand, which differentiates and enhances Tasmania’s appeal and national and international competitiveness, is developed, maintained, protected and promoted; and ensure that Tasmania’s image and reputation locally, nationally and internationally are strengthened; and ensure that the Tasmanian Brand is nurtured, enhanced and promoted as a key asset of the Tasmanian community.

The Authority has the following functions:to manage and develop a Tasmanian Brand (the Tasmanian Brand) that – is of relevance to, and is representative of, Tasmania and Tasmanians; and differentiates and enhances Tasmania’s appeal and competitiveness locally, nationally and internationally; and continually evolves and is kept current; to advocate for the protection of the attributes on which the Tasmanian Brand relies; to promote the Tasmanian Brand by creating, coordinating, managing, developing and supporting promotional and marketing activities that – strengthen Tasmania’s image and reputation; and enhance the attractiveness of Tasmania as a place in which to live, work, study, visit, invest or trade; and maximise the profile, and the competitive position, of Tasmanian goods, services, experiences and products in local, national and international markets; to identify risks to the reputation of the Tasmanian Brand and to develop mitigation or contingency plans in relation to that risk; to facilitate the collaboration between the government, non-government, business and community sectors in Tasmania in relation to matters relevant to the Authority’s functions; to undertake, support and interpret any research, or any other insights, into matters relevant to the Authority’s functions; to provide advice and support to the Minister in relation to the Authority’s functions; to perform any other functions that the Authority may be given by this or any other Act; to perform any other functions that may be prescribed.

In the performance of its functions, the Authority is to have constant regard to the Authority’s objectives set out in section 7 and is to act in a way that best meets and advances those objectives.

The Authority has the power to do – all things necessary or convenient to be done in connection with the performance of its functions; and all other things that it is authorised to do by this or any other Act.

Without limiting subsection (1), the Authority has the power to – acquire, hold, dispose of and otherwise deal with property; and enter into contracts; and control access to, and the uses to be made of, any material, or assets, owned or developed by the Authority.

In the exercise of its powers, the Authority is to have constant regard to the Authority’s objectives and functions and is to act in a way that best meets and advances those objectives and functions.

The Authority has a Board consisting of the following members:the chairperson of the Board; the Secretary of the Department of Premier and Cabinet or his or her delegate; one person who is nominated by Tourism Tasmania; not less than 6, and not more than 8, other persons.

The chairperson and the members of the Board referred to in subsection (1)(c) and (d) are to be appointed by the Governor on the recommendation of the Minister.

In making a recommendation under subsection (2), the Minister is to ensure that the chairperson and the other members, collectively, have expertise relevant to the Authority’s objectives and functions in addition to qualifications or experience in, or including expert knowledge of, most of the following matters:place branding and public diplomacy; trade and exporting from Tasmania; industry development; brand marketing and communications, including research and digital technologies; heritage conservation, biosecurity, environmental conservation and natural resource management; community engagement; corporate governance, including finance, accounting and strategic planning; legal and commercial skills; public sector administration.

Schedule 1 has effect in respect of the members of the Board.

Schedule 2 has effect in respect of meetings of the Board.

The Board is responsible to the Minister for – the performance and exercise of the Authority’s functions and powers under this or any other Act; and the achievement of the Authority’s objectives under this Act.

In exercising its responsibilities and powers, the Board is not to favour any individual, organisation, business or industry sector and must consider the impacts on all relevant parties and the Tasmanian Brand more broadly.

The Board has the power to do all things necessary or convenient to be done in connection with the performance and exercise of its responsibilities and powers under this or any other Act.