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Version No. 046

National Gallery of Victoria Act 1966No. 7482 of 1966

Version incorporating amendments as at1 March 2015

TABLE OF PROVISIONSSection Page

1 Short title 12 Commencement 14 Definitions 14A Establishment of National Gallery 34B Filming Approval Act 2014 4

Part I—Constitution of the Council of Trustees of the National Gallery of Victoria 5

5 Constitution of Council 55A Council represents the Crown 55B Council subject to control of the Minister 56 Composition of the Council 57 Vacancies 77A Council may act despite vacancy etc. 88 President 89 Quorum 99A Resolutions without meetings 99B Conflicts of interest 1010 Remuneration and allowances 1110A Membership of Council not office of profit 1111 Council first constituted 1211A Committees 1211B Delegation 1312 Director 1312A Staff 14

Part II—General 15

Division 1—Functions of the Council 15

13 Functions of the Council 15

Division 2—General provisions applicable to the Council 16

13A Powers of the Council 1614 Power to Council to sell, purchase etc. property 1715 Protection of trustees and members 19

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16 Disposal of unclaimed property 20

Division 2A—Management of land 21

17 Application 2117A Power to enter into leases 2117B Power to grant licences over National Gallery land 22

Division 3—Financial and supplementary provisions 22

18 Account to be kept 2218AA Borrowing and investment powers 2318A Council may make by-laws 2319 Regulations 2320 Transitional provisions 2421 Transitional 25

Division 4—Further transitional provisions 26

22 Determination of staff to be transferred 2623 Director 2624 Transfer of staff 2625 Saving for reconstituted Council 27

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Endnotes 29

1 General information 29

2 Table of Amendments 30

3 Amendments Not in Operation 33

4 Explanatory details 34

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Version No. 046


Version incorporating amendments as at1 March 2015

An Act to constitute a Council of Trustees of the National Gallery of Victoria and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title

This Act may be cited as the National Gallery of Victoria Act 1966.

2 Commencement

The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

* * * * *

4 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

Council means the Council of Trustees of the National Gallery of Victoria constituted under this Act;

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S. 3repealed by No. 29/1994 s. 13.

S. 4 amended by No. 85/2006 s. 173(Sch. 1 item 7.2) (ILA s. 39B(1)).

* * * * *

development collection means the development collection established by the Council within the State collection in the National Gallery;

Director means the Director of the National Gallery of Victoria appointed under section 12;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

National Gallery means the National Gallery of Victoria established under this Act;

National Gallery land means the land shown as Parcel B on the plan numbered LEGL./00–04 lodged in the Central Plan Office in the Department of Natural Resources and Environment;

2

S. 4(1) def. of country art gallery amended by No. 45/1987 s. 205(Sch. item 99), repealed by No. 61/1996 s. 69(a).

S. 4(1) def. of development collection inserted by No. 8846 s. 2(a).

S. 4(1) def. of Director inserted by No. 61/1996s. 69(b).

S. 4(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 12.1).

S. 4(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 12.1).

S. 4(1) def. of National Gallery substituted by No. 8846 s. 2(b).

S. 4(1) def. of National Gallery land inserted by No. 34/2000 s. 20.

President means President of the Council;

regional art gallery means an art gallery situate and conducted outside—

(a) the metropolitan area for the time being within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or

(b) any area declared by the Governor in Council under subsection (2) to be the metropolitan area.

(2) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.

(3) An Order made under subsection (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—

(a) wholly or partially or as amended by order or other instrument; or

(b) as formulated, issued, prescribed or published at the time the order is made or at any time before then.

(4) Subsection (3) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.

4A Establishment of National Gallery

(1) The National Gallery of Victoria shall be established.

3

S. 4(1) def. of regional art gallery inserted by No. 61/1996 s. 69(c), substituted by No. 85/2006 s. 173(Sch. 1 item 7.1).

S. 4(2) inserted by No. 85/2006 s. 173(Sch. 1 item 7.2).



S. 4A inserted by No. 8846 s. 3.

S. 4A(1) amended by No. 34/2000 s. 21.

(2) The National Gallery shall be conducted—

(a) on the National Gallery land; and

(b) at any other places that the Minister may approve from time to time by notice published in the Government Gazette.

(3) The Minister may revoke, amend or vary a notice made under subsection (2)(b) by notice published in the Government Gazette.

(4) Any proclamation made under this section and in force immediately before the commencement of section 21 of the Arts Legislation (Amendment) Act 2000 is deemed to be a notice made by the Minister under subsection (2)(b).

4B Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

__________________

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S. 4A(2) substituted by No. 34/2000 s. 21.

S. 4A(3) inserted by No. 34/2000 s. 21.

S. 4A(4) inserted by No. 34/2000 s. 21.

S. 4B inserted by No. 51/2014 s. 9(Sch. 2 item 12.2).

PART I—CONSTITUTION OF THE COUNCIL OF TRUSTEES OF THE NATIONAL GALLERY OF VICTORIA

5 Constitution of Council

(1) For the purposes of this Act there shall be a Council to be called the "Council of Trustees of the National Gallery of Victoria".

(2) By that name the Council shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing leasing holding selling and disposing of real and personal property for the purposes of this Act and of doing and suffering all such acts and things as bodies corporate may by law do and suffer and as are necessary or expedient for the purpose of carrying out its functions under this Act.

5A Council represents the Crown

In performing its functions and exercising its powers under this Act the Council represents the Crown.

5B Council subject to control of the Minister

In performing its functions and exercising its powers under this Act, the Council is subject to the direction and control of the Minister.

6 Composition of the Council

(1) The Council shall consist of 11 members appointed by the Governor in Council of whom—

(a) one shall be a person holding a senior academic office in the visual arts in a University in Victoria;

S. 5Ainserted by No. 29/1994 s. 4.

S. 5Binserted by No. 29/1994 s. 4, amended by No. 61/1996 s. 70.

S. 6(1) amended by No. 59/1998 s. 5(1)(a).

S. 6(1)(a) amended by No. 61/1996 s. 71(1)(a).


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(b) one shall be a person having relevant experience in relation to regional art galleries within Victoria;

(c) one shall be a person who in the opinion of the Minister is distinguished in the field of business administration;

(d) one shall be a person who in the opinion of the Minister is distinguished in the field of finance;

(e) 7 others shall be nominated by the Minister.

(2) Subject to this Act, a member of the Council shall hold office for such term (not exceeding three years) as is specified in the instrument by which he is appointed and shall, subject to subsections (2A) and (3), be eligible for re-appointment1.

(2A) A person who has been a member of the Council for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless2—

(a) the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or

(b) a period of 3 years or more has elapsed since the person last was a member of the Council.

(3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Council in respect of the office of member.

S. 6(1)(b) amended by No. 61/1996 s. 71(1)(b).

S. 6(1)(e) amended by No. 59/1998 s. 5(1)(b).

S. 6(2) substituted by No. 9600 s. 2(1), amended by No. 29/1994 s. 5(1).

S. 6(2A) inserted by No. 29/1994 s. 5(2).

S. 6(3) repealed by No. 42/1995s. 224(Sch. 2 item 28), new s. 6(3) inserted by No. 61/1996 s. 71(2), substituted by Nos 59/1998 s. 5(2), 108/2004 s. 117(1) (Sch. 3 item 140), 80/2006 s. 26(Sch. item 75).


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* * * * *

7 Vacancies

(1) The office of any member of the Council shall become vacant—

(a) at the expiration of his term of office;

(b) if he dies;

(c) if he is incapable of continuing as a member;

(d) if he resigns by writing under his hand addressed to the Governor in Council;

(e) if without leave granted by the President he fails to attend four successive meetings of the Council;

(f) if he is removed from office by the Governor in Council.

(2) Where any leave granted to a member by the President exceeds three consecutive meetings the Council shall notify the Minister of the granting of the leave.

* * * * *

7A Council may act despite vacancy etc.

S. 6(4) repealed by No. 42/1995 s. 224(Sch. 2 item 28).

S. 7(3)(4) repealed by No. 29/1994 s. 6.



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An act or decision of the Council is not invalid only because of—

(a) a defect or irregularity in or in connection with the appointment of a member; or

(b) a vacancy in the office of member.

8 President

(1) When appointing the members of the Council the Governor in Council shall appoint one of the members to be the President of the Council and may fill any vacancy in the office of President.

(2) The President shall hold office as such for the term of his appointment as a member and shall be eligible for re-appointment as President.

(3) If the member of the Council holding the office of President ceases to be a member of the Council he shall cease also to be President of the Council.

* * * * *

(5) The President or, in his or her absence, a member elected by the members present to be chairman of the meeting, must preside at a meeting of the Council.

(6) In the case of an equality of votes at any meeting of the Council the chairman of the meeting shall have a second or casting vote.

(7) Subject to this Act and the regulations the Council may regulate its own procedure.

(8) The Council must meet on at least 6 occasions in each year at the times and places that are determined by the President or the Council.

9 Quorum

S. 8(4) repealed by No. 61/1996 s. 73(1).

S. 8(5) substituted by No. 61/1996 s. 73(2).

S. 8(8) inserted by No. 61/1996 s. 73(3).


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A quorum of the Council shall consist of a majority in number of the members of the Council for the time being and at any meeting of the Council at which a quorum is present the members present shall have full power to act.

9A Resolutions without meetings

(1) If—

(a) the Council has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and

(b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the Council held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.

(2) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.

(3) If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Council, each member must as soon as practicable be advised of the matter and given a copy of the resolution.

(4) The majority of members referred to in subsection (1)(b) must not include a member who, because of section 9B, is not entitled to vote on the resolution.

9B Conflicts of interest


S. 9Binserted by No. 61/1996 s. 74.


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(1) If—

(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council; and

(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—

the member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Council or, in the case of a proposed resolution notice of which is given under section 9A(1)(a), to the President.

(2) The Council or the President must cause the declaration to be tabled at the next meeting of the Council and the person presiding at that meeting must cause the declaration to be recorded in the minutes of the meeting.

(3) A member who has a conflict of interest in a matter—

(a) must not be present during any deliberations on the matter, unless the Council directs otherwise; and

(b) is not entitled to vote on the matter.

(4) If a member votes on a matter in contravention of subsection (3)(b), the vote must be disallowed.

(5) A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction, under subsection (3)(a).

(6) For the purposes of this section, a member is not to be regarded as having a conflict of interest—

(a) in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to


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members of the public on the same terms and conditions; or

(b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.

10 Remuneration and allowances

A member of the Council is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.

10A Membership of Council not office of profit

A member of the Council shall not be taken by reason of being a member to hold an office or place of profit under the Crown which would—

(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or

(b) make void the member's election to the Legislative Council or Legislative Assembly; or

(c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or

(d) subject the member to liability to a penalty under the Constitution Act 1975.

11 Council first constituted

(1) The first meeting of the Council shall be held at such time and place as is fixed by the President.

(2) The Council shall be deemed to have been duly constituted on the day on which it holds its first meeting.

S. 10 amended by No. 29/1994 s. 7, substituted by No. 61/1996 s. 75.

S. 10A inserted by No. 29/1994 s. 8.


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* * * * *

11A Committees

(1) The Council may—

(a) establish any committees it considers necessary and define the constitution and functions of each committee so established;

(b) determine the procedure of each committee;

(c) change the constitution or functions of a committee;

(d) dissolve a committee.

(2) A person may be a member of a committee established by the Council even though he or she is not a member of the Council.

(3) A member of a committee established by the Council is entitled to receive any fees or travelling or other expenses determined by the Council.

11B Delegation

(1) The Council may, by instrument under its common seal, delegate any of its functions or powers (except this power of delegation or the power to make by-laws) to—

(a) the members constituting a committee of the Council, if the committee includes 2 or more members of the Council; or

(b) the Director; or

(c) any of its members; or

(d) any member of its staff.

S. 11(3) repealed by No. 61/1996 s. 76.


S. 11B inserted by No. 61/1996 s. 77.


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(2) A delegation under subsection (1) may be made to a specified person or class of persons referred to in that subsection.

12 Director

(1) There shall be a Director of the National Gallery of Victoria.

(2) The Director shall—

(a) be the chief executive officer of the Council; and

(b) have the control and management of the day to day affairs of the Council in accordance with directions given by the Council.

(3) The Director shall be appointed by the Council, with the approval of the Minister, for the term, not exceeding 5 years, that is specified in the instrument of appointment but is eligible for re-appointment.

(4) The Director holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.

(5) The Council must not remove the Director from office except with the approval of the Minister.

12A Staff

The Council may employ any persons necessary for the purposes of this Act.

__________________

S. 12 amended by No. 10087 s. 3(1)(Sch. 1 item 177),substituted by No. 61/1996 s. 78.



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PART II—GENERAL

Division 1—Functions of the Council

13 Functions of the Council

(1) The functions of the Council shall be—

(a) to control, manage, operate, promote, develop and maintain the National Gallery and the National Gallery land;

(b) to maintain, conserve, develop and promote the State collection of works of art;

(c) to make material within the State collection available to persons, departments and institutions in such manner and subject to such conditions as the Council determines with a view to the most advantageous use of the State collection;

(ca) to conduct public programs and exhibitions of material within the State collection;

(d) to carry out and make available such other services, including computer and other technologies and the printing publication and sale of books information and reproductions, in relation to pictures, works of art and art exhibits as the Council thinks fit;

S. 13amended by No. 61/1996 s. 79(1)(a).

S. 13(1)(a) substituted by No. 34/2000 s. 22(a).

S. 13(1)(b) amended by No. 61/1996 s. 79(1)(b).

S. 13(1)(ca) inserted by No. 61/1996 s. 79(1)(c).

S. 13(1)(d) amended by No. 61/1996 s. 79(1)(d).


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(e) to assist in the promotion organization and supervision of art galleries and any body or association established for the promotion of art within Victoria;

(f) to advise the Minister and the organizations mentioned in paragraph (e) on matters of general policy relating to art galleries;

(g) to provide leadership in the provision of art gallery services in Victoria;

(h) to carry out such other functions as the Minister from time to time approves;

(i) to carry out any other function conferred on the Council under this Act.

(2) In carrying out its functions, the Council must endeavour to contribute to the enrichment of the cultural, educational, social and economic life of the people of Victoria.

Division 2—General provisions applicable to the Council

13A Powers of the Council

(1) The Council may do all things necessary or convenient to be done for or in connection with the carrying out of its functions.

S. 13(1)(g) substituted by No. 61/1996 s. 79(1)(e).

S. 13(1)(h) amended by No. 29/1994 s. 9(a)(b).

S. 13(1)(i) repealed by No. 8846 s. 4, new s. 13(1)(i) inserted by No. 34/2000 s. 22(b).

S. 13(2) inserted by No. 61/1996 s. 79(2).



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(2) Without limiting subsection (1), the Council—

(a) for the purpose of carrying out its functions, may enter into contracts, agreements or arrangements with—

(i) the Victorian Arts Centre Trust constituted by the Victorian Arts Centre Act 1979; or

(ii) any other person or body, whether corporate or unincorporate;

(b) may, subject to this Act, grant a lease or licence over any part of the National Gallery land.

14 Power to Council to sell, purchase etc. property

(1) Subject to subsection (2) and with the approval of the Governor in Council the Council may exchange sell lease or dispose of any property vested in it by or under this Act.

(1A) Nothing in this section applies in respect of the National Gallery land.

(2) The Governor in Council must not approve the sale, exchange or disposal of a work of art in the State collection unless satisfied that the Council has resolved that retention of that work is unnecessary and inappropriate to the activities of the Council.

(2A) Subsection (2) does not apply to works of art in the development collection.

(2B) Notwithstanding the provisions of subsection (1) the Council may subject to and in accordance with

S. 14(1A) inserted by No. 34/2000 s. 24.

S. 14(2) substituted by No. 29/1994 s. 10(1).

S. 14(2A) inserted by No. 8846 s. 5.

S. 14(2B) inserted by No. 8846 s. 5, amended by No. 29/1994 s. 10(2).


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the by-laws exchange sell lease or otherwise dispose of works of art in the development collection.

(2C) Notwithstanding anything to the contrary in subsection (3) the Council shall not out of the moneys available to it acquire works of art for the development collection unless the moneys so used—

(a) are paid out by the Council subject to and in accordance with the terms of a special trust;

(b) are made available to the Council for that purpose; or

(c) represent all or part of the proceeds of the sale exchange leasing or disposal by the Council of any work or works of art in the development collection.

(2D) The Council shall not include in the development collection any works of art which were at the commencement of the National Gallery of Victoria (Development Collection) Act 1976 in the State collection.

(3) The Council may accept or take on loan or, out of any moneys available to it, purchase any personal property for the purpose of carrying into effect the objects of this Act.

(3A) The Council may with the consent of the Governor in Council purchase any personal property for the purposes of carrying into effect the objects of this Act on terms of deferred payment and those terms may provide that the purchase money shall be paid by instalments and the purchase may be subject to such other terms and conditions as the Council thinks fit.

(4) In addition to any other method of donation or gift which the Council is entitled to accept, the

S. 14(2C) inserted by No. 8846 s. 5.

S. 14(2D) inserted by No. 8846 s. 5.

S. 14(3A) inserted by No. 8340 s. 2(a).


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Council may accept a donation or gift of, or of cash for the purchase of, any picture work of art or exhibit conditional on such picture work of art or exhibit—

(a) remaining in the custody of the donor during his lifetime or for any other period agreed upon between the donor and the Council; and

(b) being handed over by the donor to the Council for the purposes of exhibition or study whenever and for such period as the Council may in writing so request.

(5) The Council may lend works of art vested in or under the management or control of the Council to such persons or for such purposes as the Council thinks fit.

(6) With the approval of the Governor in Council the Council may agree to indemnify and execute indemnities under the seal of the Council in favour of a person and his legal personal representative against any liability which may be incurred by that person or his legal personal representative by the operation of a law of the Commonwealth or of this or of any other State or of any other country as a result of the gift loan or sale of any personal property to the Council.

15 Protection of trustees and members

No action suit or proceedings shall be brought or maintained against any member or former member of the Council in respect of anything done or omitted to be done by him as a member of the Council in the bona fide exercise of powers conferred or reasonably believed by the member to have been conferred on the Council by this Act.

S. 14(6) inserted by No. 8340 s. 2(b).


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16 Disposal of unclaimed property

(1) Subject to subsection (2) and with the approval of the Governor in Council the Council may retain exchange sell lease or dispose of any property which although not vested in it by or under this Act—

(a) has been submitted to or left with the Council or its duly authorized officer with a view to its acceptance by the Council by way of gift or purchase or for valuation or for the giving of an opinion thereon by or on behalf of the Council or for consideration for the purpose of any prize or competition;

(b) has remained in the possession or custody of the Council for a period of not less than five years; and

(c) has not, after notice given as hereinafter provided, been claimed by or on behalf of the person submitting or leaving such property as aforesaid or any other person claiming such property or any interest therein.

(2) Before seeking the approval of the Governor in Council to any retention exchange sale lease or disposal pursuant to the provisions of subsection (1) the Council shall give not less than 6 months' notice of its intention so to deal with the property—

(a) by written notice sent by prepaid registered post to the person who submitted or left the property and addressed to him at his last known place of abode or business or, if such person be deceased, to his personal representative in like manner; or

S. 16(2) amended by No. 5/1998s. 3(Schitem 2).


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(b) by notice published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria if the name or the place of abode or business of the person who submitted or left the property is not known to the Council.

Division 2A—Management of land

17 Application

This Division has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

17A Power to enter into leases

(1) The Council may grant a lease of the National Gallery land or any part of that land for any purpose not inconsistent with the reservation of that land.

(2) A lease granted under this section may be for a term not exceeding 30 years.

(3) A lease granted under this section—

(a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 30 years; and

Pt 2 Div. 2A (Heading and ss 17–17B) inserted by No. 34/2000 s. 25.

S. 17 amended by Nos 8357 s. 16(2), 8846 s. 6, repealed by No. 31/1994 s. 4(Sch. 2 item 58), new s. 17 inserted by No. 34/2000 s. 25.



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(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and

(c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Council.

17B Power to grant licences over National Gallery land

(1) The Council may grant a licence to enter and use any part of the National Gallery land or any building on that land for any purpose not inconsistent with the reservation of that land.

(2) A licence granted under this section—

(a) may be for a period not exceeding 7 years; and

(b) is subject to the terms and conditions determined by the Council.

Division 3—Financial and supplementary provisions

18 Account to be kept

(1) All moneys received by the Council shall be paid into an account to be kept by the Council.

(2) All moneys expended by the Council shall be paid out of such account.

(3) The foregoing provisions of this section shall not apply to any moneys received or paid out by the Council subject to and in accordance with the terms of any special trust.

18AA Borrowing and investment powers

S. 17B inserted by No. 34/2000 s. 25.

S. 18AA inserted by No. 61/1996 s. 80.


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The Council has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

18A Council may make by-laws

The Council may make by-laws not inconsistent with the regulations for or with respect to—

(a) the exclusion or removal of the public or any person from any building or part of a building managed and controlled by the Council; and

(b) the preservation, inspection, copying or lending of works of art under the control of the Council; and

(c) the exchange, sale, leasing or other disposal by the Council of works of art in the development collection; and

(d) the giving of public lectures.

19 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the conduct of the proceedings of the Council;

(b) the management of the affairs of the Council;

* * * * *

(h) generally, any matters or things required or authorized to be prescribed under this Act or necessary or expedient to be prescribed for carrying this Act into effect.

(2) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.


S. 19 amended by No. 51/2014 s. 9(Sch. 2 item 12.3) (ILA s. 39B(1)).

S. 19(1)(c)–(g) repealed.



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20 Transitional provisions

On the day upon which the Council is deemed to be duly constituted—

(a) the trustees of the National Gallery of Victoria shall go out of office;

(b) the Council shall become and be the successor in law of the said trustees;

* * * * *

(d) the Council shall have all the rights powers and duties conferred or imposed upon the said trustees and shall be subject to all the liabilities responsibilities and obligations imposed upon or incurred by the said trustees before that day;

(e) all property vested in the said trustees shall be vested in the Council;

(f) every donation gift disposition and trust of property, including money, lawfully made or declared or deemed to have been made or declared whether before or after the commencement of this Act by deed will or otherwise to or in favour of the trustees of the National Gallery or for the uses or purposes thereof shall take effect as if the same had in respect of each particular item of property comprised in such donation gift disposition or trust been made or declared to or in favour of or for the uses or purposes of the Council and in particular the several wills under which the bequests or trusts known respectively as—

The Felton Bequest

S. 20(c) repealed by No. 9863 s. 2.

S. 20(f) amended by No. 9903 s. 33(1) (Sch. 1 item 5(a)).


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The Hugh Ramsay Bequest

The Grace Joel Bequest

The W. H. Short Bequest

The Sarah Levi Bequest

The Howard Spensley Bequest—

were made or created shall take effect as if they had been made or created to or in favour of or for the uses or purposes of the Council;

(g) any reference to the trustees of the National Gallery of Victoria in any other Act or in any proclamation Order in Council regulation by-law order legal or other proceeding instrument or document shall be deemed and taken to refer to the Council;

(h) all acts matters and things of a continuing nature made done or commenced by or on behalf of the trustees before that day which are of any force or effect or capable of acquiring any force or effect shall be deemed or taken to be made done or commenced by or in relation to or on behalf of the Council and shall have effect and may be continued and completed by or on behalf of or in relation to the Council accordingly.

21 Transitional

Notwithstanding the repeal of the State Library National Gallery National Museum and Institute of Applied Science Act 1960, any regulations made or continued in force by that Act and which were in force immediately before the commencement of section 33 of the Museums Act 1983 shall, so far as they relate to matters for or with respect to which regulations may be made under this Act, remain subject to this Act in full

S. 21 inserted by No. 9903 s. 33(1)(Sch. 1 item 5(b)).


24

force and operation and may be amended or revoked as if they were made under this Act.

Division 4—Further transitional provisions

22 Determination of staff to be transferred

The Minister must designate in writing the officers and employees of the public service who are employed in the administration of this Act who are to become employees of the Council under section 24.

23 Director

The person who immediately before the commencement of section 82 of the Arts Institutions (Amendment) Act 1996 was the Director of the National Gallery of Victoria is deemed to be appointed by the Council as the Director.

24 Transfer of staff

(1) On and from the commencement of section 82 of the Arts Institutions (Amendment) Act 1996, any officer or employee designated under section 22—

(a) becomes an employee of the Council; and

(b) is entitled to remuneration, terms and conditions determined by the Minister to be no less favourable in aggregate than those which he or she received or was entitled to receive immediately before that commencement as such an officer or employee; and

(c) retains any entitlement to long service leave, annual leave, sick leave or other leave

Pt 2 Div. 4 (Heading and s. 22) inserted by No. 61/1996 s. 81.

S. 22 inserted by No. 61/1996 s. 81.

S. 23 inserted by No. 61/1996 s. 82.

S. 24 inserted by No. 61/1996 s. 82.


25

accrued or accruing to that person immediately before that commencement.

(2) If a person who becomes an employee of the Council under this section was, immediately before the transfer, an officer within the meaning of the State Superannuation Act 1988 or a corresponding previous enactment, he or she continues, subject to that Act, to be an officer within the meaning of that Act while serving with the Council.

(3) For the purpose of long service leave entitlements as employees of the Council of those transferred under this section, their service with the public service must be taken to be service with the Council.

(4) There must be paid out of the Consolidated Fund (which is, by this subsection, appropriated to the necessary extent) any amount determined from time to time by the Treasurer after consultation with the Minister to be the component of any entitlement to pay in lieu of long service leave attributable to the service with the public service of a person transferred under this section.

25 Saving for reconstituted Council

Despite the reconstitution of the Council effected by section 5(1) of the Arts Acts (Amendment) Act 1998, the Council is deemed to be the same body after as before the commencement of that provision.

__________________

S. 25 inserted by No. 59/1998 s. 6.


26

* * * * *

═══════════════

Sch.repealed by No. 9863 s. 2.


27

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The National Gallery of Victoria Act 1966 was assented to on 13 December 1966 and came into operation on 24 May 1967: Government Gazette 24 May 1967 page 1754.


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2 Table of AmendmentsThis publication incorporates amendments made to the National Gallery of Victoria Act 1966 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

National Gallery of Victoria Act 1972, No. 8340/1972Assent Date: 5.12.72Commencement Date: 5.12.72Current State: All of Act in operation

Ministry for the Arts Act 1972, No. 8357/1972Assent Date: 13.12.72Commencement Date: 19.12.72: Government Gazette 19.12.72 p. 4039Current State: All of Act in operation

National Gallery of Victoria (Development Collection) Act 1976, No. 8846/1976Assent Date: 8.6.76Commencement Date: 8.6.76Current State: All of Act in operation

National Gallery of Victoria and the Victorian Arts Centre (Terms of Appointment of Members) Act 1981, No. 9600/1981

Assent Date: 24.11.81Commencement Date: 24.11.81Current State: All of Act in operation

Statute Law Revision (Repeals) Act 1982, No. 9863/1982Assent Date: 5.1.83Commencement Date: 5.1.83Current State: All of Act in operation

Museums Act 1983, No. 9902/1983Assent Date: 15.6.83Commencement Date: 1.7.83: Government Gazette 22.6.83 p. 1709Current State: All of Act in operation

Penalties and Sentences (Amendment) Act 1983, No. 9945/1983Assent Date: 20.9.83Commencement Date: S. 3(1)(Sch. 1 item 75) on 20.12.83: Government

Gazette 14.12.83 p. 4035Current State: This information relates only to the provision/s

amending the National Gallery of Victoria Act 1966

Statute Law Revision Act 1984, No. 10087/1984Assent Date: 22.5.84Commencement Date: S. 3(1)(Sch. 1 item 177) on 22.5.84: s. 2Current State: This information relates only to the provision/s



29

Planning and Environment Act 1987, No. 45/1987Assent Date: 27.5.87Commencement Date: S. 205(Sch. item 99) on 16.2.88: Government Gazette

10.2.88 p. 218Current State: This information relates only to the provision/s


Arts Institutions (Amendment) Act 1994, No. 29/1994Assent Date: 31.5.94Commencement Date: 31.5.94Current State: All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994Assent Date: 31.5.94Commencement Date: S. 4(Sch. 2 item 58) on 1.1.95: Government Gazette

28.7.94 p. 2055Current State: This information relates only to the provision/s


Equal Opportunity Act 1995, No. 42/1995Assent Date: 14.6.95Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95

p. 2731; Sch. 2 item 28 on 1.1.96: Government Gazette 21.12.95 p. 3571

Current State: This information relates only to the provision/s amending the National Gallery of Victoria Act 1966

Arts Institutions (Amendment) Act 1996, No. 61/1996Assent Date: 17.12.96Commencement Date: S. 81 on 17.12.96: s. 2(1); ss 68, 69(a)(c), 70–77, 79,

80 on 6.2.97: Government Gazette 6.2.97 p. 257—see Interpretation of Legislation Act 1984; ss 69(b), 78, 82 on 1.1.98: s. 2(3)

Current State: This information relates only to the provision/s amending the National Gallery of Victoria Act 1966

Arts Acts (Statute Law Revision) Act 1998, No. 5/1998Assent Date: 21.4.98Commencement Date: 21.4.98Current State: All of Act in operation

Arts Acts (Amendment) Act 1998, No. 59/1998Assent Date: 27.10.98Commencement Date: Ss 5, 6 on 27.10.98: s. 2(1)Current State: This information relates only to the provision/s


Arts Legislation (Amendment) Act 2000, No. 34/2000Assent Date: 6.6.00Commencement Date: 1.7.00: s. 2Current State: All of Act in operation


30

Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 140) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06Commencement Date: S. 26(Sch. item 75) on 11.10.06: s. 2(1)Current State: This information relates only to the provision/s


Water (Governance) Act 2006, No. 85/2006Assent Date: 17.10.06Commencement Date: S. 173(Sch. 1 item 7) on 1.7.07: s. 2(3)Current State: This information relates only to the provision/s


Filming Approval Act 2014, No. 51/2014Assent Date: 12.8.14Commencement Date: S. 9(Sch. 2 item 12) on 1.3.15: s. 2(2)Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


31

3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


32

4 Explanatory details


33

1 S. 6(2): Section 14 of the Arts Institutions (Amendment) Act 1994, No. 29/1994 reads as follows:

14Transitional provision

A member of the Council of Trustees of the National Gallery of Victoria who—

(a) was appointed under the Principal Act before the commencement of this section; and

(b) has held office for 9 consecutive years—

continues to be a member until the expiry of his or her current term of office but on that expiry is not eligible for re-appointment except in accordance with section 6(2A) of the Principal Act.

2 S. 6(2A): See note 1.

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