New South Wales Consolidated Acts

ENTERTAINMENT INDUSTRY ACT 1989 - SECT 38

38 Fees of entertainment industry representatives etc

(1) An entertainment industry agent may not demand or receive for or in respect of the engagement of a performer any fee or other remuneration if it, or it and all other fees and other remuneration received by that agent (and any other entertainment industry agent concerned) for the engagement of the performer, exceeds the prescribed percentage of the amount payable to the performer in respect of the engagement.

(2) A venue consultant may not demand or receive any fee or other remuneration, for or in respect of the engagement of a performer, from any person other than an entertainment industry employer.

(3) If an entertainment industry agent also acts as a venue consultant in respect of a particular performance, the agent is entitled to demand or receive a fee only as a venue consultant for the performance.

(4) If the fee or other remuneration of a manager is not fixed by a written agreement between the manager and the performer concerned, the manager may not demand or receive, for or in respect of an engagement of the performer, any fee or other remuneration which exceeds the prescribed percentage of the amount which is payable to the performer in respect of the engagement.

(5) If a manager also acts as a venue consultant in respect of a particular performance, the manager is entitled, in addition to his or her fee or other remuneration as a manager, to demand or receive a fee as a venue consultant for the performance, but only if the manager and the performer concerned have agreed in writing to such an arrangement in respect of the performance.

(6) An entertainment industry employer may not include in a venue consultant’s fee or other remuneration any payment by the employer of money owing to a performer.

(7) A person who contravenes any provision of this section is guilty of an offence.

Maximum penalty: 50 penalty units.

(8) The regulations may make provision for or with respect to the fees and other remuneration referred to in this section and, in particular:

(a) may prescribe different percentages of fees or other remuneration in respect of different kinds of engagements or categories of entertainment industry representatives, or other matters, and

(b) may determine the amounts (being amounts payable to performers) that are to be excluded when calculating such fees or other remuneration.