Entertainment Industry Act 2013 No 73, Part 1, Section 4

Definitions

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 hirer or performer, or both.

performer means any actor, singer, dancer, acrobat, model, musician or other performer of any kind who enters an entertainment industry agreement with a performer representative.

performer representative means a person who, for financial benefit, provides or agrees to provide one or more of the following services to a performer (whether or not the agreement also provides for other services to be provided)—

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

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

(c) finalising arrangements relating to the payment of the performer,

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

(e) administering the agreement between the performer and an entertainment industry hirer,

(f) making arrangements for publicity attendances and related publicity responsibilities of the performer,

but does not include a person who does so solely as an employee of any such representative.

Entertainment Industry Regulation 2020, Section 4

Fees of performer representatives

(1) For the purposes of section 9(1)(a) of the Act, the following percentages of the total amount payable to a performer in respect of a performance are prescribed—

(a) in the case of a performance involving live theatre or a live musical or variety performance (being an engagement that does not involve film, television or electronic media)—10% for a period up to 5 weeks and then 5% for a period after 5 weeks,

(b) in all other cases (including an engagement involving film, television or electronic media)—10%.

(2) For the purposes of subclause (1), the following amounts (being amounts payable to performers) are to be excluded when calculating the total amount payable to a performer in respect of a performance—

(a) travelling and meal allowances,

(b) holiday pay,

(c) long service leave and superannuation payments,

(d) overtime or penalty payments that are paid on an irregular basis, other than payments resulting from negotiations undertaken by the performer representative on the performer’s behalf with the relevant entertainment industry hirer or venue representative,

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