New South Wales Consolidated Acts

ENTERTAINMENT INDUSTRY ACT 1989 - SECT 4

4 Definitions

(1) In this Act:
"code of ethics" means a code of ethics developed by the Council under section 35.
"Complaints Committee" means the Complaints Committee established under Part 3.
"Council" means the Entertainment Industry Interim Council constituted under section 5.
"director" of a corporation means a person who is a director of a corporation within the meaning of the Corporations Act 2001 of the Commonwealth.
"employment" includes an engagement or other arrangement, whether or not constituting a contract of employment.
"entertainment industry agent" means a person who, for financial benefit, carries out any one or more of the following entertainment industry activities on behalf of a performer:

(a) seeking or finding work opportunities for the performer,

(b) negotiating the terms of an agreement for, and the conditions of, a performance,

(c) finalising arrangements concerning the payment of the performer,

(d) negotiating arrangements relating to the attendance of the performer at a performance,

(e) administering the contract of the performer with an entertainment industry employer,

but does not include a person who carries out those activities solely as an employee of any such agent.
"entertainment industry contract" means a contract relating to the entertainment industry, the parties to which are entertainment industry representatives, entertainment industry employers or performers.
"entertainment industry employer" means a person who employs any performer for the purpose of a performance.
"entertainment industry representative" means an entertainment industry agent, a manager or a venue consultant.
"licence" means an entertainment industry agent’s licence, a manager’s licence or a venue consultant’s licence in force under this Act, and includes a provisional licence.
"manager" means a person (whether called a personal representative or a personal manager, or otherwise) who, for financial benefit, represents a performer and who agrees, pursuant to a written agreement, to carry out or arrange to be carried out any or all of the activities of an entertainment industry agent and other additional activities or duties specified in the agreement on behalf of the performer, but does not include a person who carries out those activities or duties solely as an employee of any such manager.
"performance" means:

(a) a performance that is given in any place or by the use of any medium for the transmission of sound or images, or both, or

(b) a performance that is recorded for the purpose of using the recording in any place or for the transmission of sound or images, or both,

and one of the purposes of which is the financial benefit of an entertainment industry employer or performer, or both.
"performer" means any actor, singer, dancer, acrobat, model, musician or other performer of any kind employed to give a performance, but does not include persons of a class exempted by the Council under subsection (2).
"venue consultant" means a person who acts on behalf of an entertainment industry employer, for a fee or remuneration paid by any such employer, and who arranges for a performance by a performer at a particular venue, but does not include a person who arranges for a performance solely as an employee of a venue consultant or an employer.

(2) The Council may, by notification published in the Gazette and with the authority of the Minister, exempt classes of performers from the operation of this Act.

(3) In this Act, a reference to an award or industrial agreement is a reference to an award or industrial agreement relating to the employment of performers in the entertainment industry.

(4) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.