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Entertainment Industry Act 1989: Guide to major provisions

• Types of entertainment industry representatives licences
• Applications for licences
• Provisional licences
• Duration of licence and application to continue licence
• Licensee to exhibit licence
• Entertainment industry representatives' fees
• Trust accounts to be established
• Bonds to be lodged
• OIR can help
• Further Information

  Entertainment Industry - A guide for performers
  Entertainment Industry – A guide for agents, managers and venue consultants
  Entertainment Industry Representatives Licence Application Form

Types of entertainment industry representatives licences

The three different types of entertainment industry representatives licences are defined as follows:

"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:

• seeking or finding work opportunities for the performer
• negotiating the terms of an agreement for, and the conditions of, a performance
• finalising arrangements concerning the payment of the performer
• negotiating arrangements relating to the attendance of the performer at a performance
• 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;

"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;

"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.

The definition of "performer" for the purposes of the Act includes any actor, singer, dancer, acrobat, model, musician or other performer of any kind.

It is an offence for a person to carry on (or advertise that the person carries on) the business of an entertainment industry agent, a manager or a venue consultant unless the person holds the particular type of licence which authorises the activity. A person may require more than one type of licence according to the range of activities they conduct.

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Applications for licences

Applications for licences must be in the approved form and lodged together with the prescribed fee for each type of licence required.

Licences will only be granted to fit and proper persons who:

• are of or above the age of eighteen years;
• are able to conduct business in the entertainment industry in a proper and business-like manner; and
• have a knowledge of, or experience in, the entertainment industry or in a related area.

A provisional licence remains in force for a period of twelve months unless it is cancelled or suspended.

Except during any period while it is suspended, a full licence continues in force from the date on which it is issued until it is cancelled or surrendered.

Licence holders who wish to renew their licence should, before each anniversary of the date on which the licence was issued, apply for the continuation of the licence.

Continuation applications must be in the approved form and be accompanied by the required fee.

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The holder of a licence must exhibit it at the holder's principal place of business so as to be clearly visible to persons entering the premises.

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.

The maximum fees for different types of engagements are as follows:

• in the case of an engagement involving film, television or electronic media - 10 per cent;
• 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;
• in all other cases - 10 per cent.

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 a manager may demand or receive for or in respect of the engagement of a performer:

• travelling and meal allowances;
• holiday pay;
• any long service leave and superannuation payments;
• any overtime or penalty payments which are paid on an irregular basis;
• any award or minimum payments in respect of rehearsals.

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.

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.

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.

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.

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

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Trust accounts to be established

Money received on behalf of a performer by an entertainment industry agent or a manager which is not paid to the performer immediately must:

• be paid to the credit of a general trust account at a bank in New South Wales and be held in accordance with the regulations; and
• be disbursed as directed by the performer within such time as may be determined by the Council (but not exceeding 14 days) after the performer becomes entitled to receive the money.

A trust account under this section must be kept exclusively for the purpose of money received on behalf of a performer.

An entertainment industry agent or a manager must keep accounting records in respect of money received on behalf of a performer. Such accounting records must:

• disclose at all times the true position concerning the money received; and
• be kept at the principal place of business of the entertainment industry agent or manager.

Copies of the accounting records relating to an engagement must be given, as soon as reasonably practicable, to the following persons:

• the performer;
• any other entertainment industry representative who has represented or carried out activities on behalf of the performer for or in respect of the engagement for which the performer has been paid.

The accounting records to be given are:

• a statement of the amount received by the agent or manager on behalf of the performer; and
• a statement of the amount paid to the performer for the engagement.

The entertainment industry agent or manager who has received the money on behalf of the performer must also give, as soon as practicable, a statement regarding the payments to the entertainment industry employer (or other person) who has paid the performer for the engagement.

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Bonds to be lodged

If an entertainment industry agent or a manager is required to establish a trust account, the agent or manager is required to lodge a bond to cover the payment of money owed (by way of fees or other remuneration) to performers.

Any such bond is to be in the form of a deposit of money or a bank guarantee.

If an entertainment industry agent or a manager who is required to lodge a bond is the holder of a provisional licence, the amount of or secured by the bond is to be $2,000.

In any other case, the amount of or secured by a bond is to be an amount determined, subject to the regulations.

An entertainment industry agent or manager who does not receive money on behalf of a performer does not need to establish a trust account and therefore does not need to lodge a bond.

OIR can help

Further Information

This guide to the Act has been prepared for your assistance and is not meant to be a detailed statement of the full provisions contained therein.

It is recommended that you obtain a copy of the Entertainment Industry Act 1989 and the Entertaiment Industry Regulation 1995.

Hard copies are available from:

NSW Government Information Service,
Goodsell Building, 8-12 Chifley Square, Sydney

Telephone (02) 9743 7200