New South Wales Consolidated Regulations

ENTERTAINMENT INDUSTRY REGULATION 2004 - REG 4

4 Fees of entertainment industry representatives: section 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 that are paid on an irregular basis,

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