Northern Territory Repealed Acts Northern Territory Repealed ActsThis legislation has been repealed.
[This Act commenced on 28 August 2013 and was repealed by the MUSEUM AND ART GALLERY OF THE NORTHERN TERRITORY ACT 2014, NO. 6 which commenced on the 01 July 2014.]
NORTHERN TERRITORY OF AUSTRALIA
REPM001
MUSEUMS AND ART GALLERIES ACT
As in force at 1 April 1995
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. [Repealed]
4. Definitions
PART II - THE MUSEUMS
AND
ART GALLERIES BOARD
5. Establishment of the Board
6. [Repealed]
7. Constitution of the Board
8. Appointment of members
9.-10. [Repealed]
11. Terminations of appointment of members
12. Deputies of members
13. Chairman and Deputy Chairman
14. Calling of meetings
15. Frequency of meetings
16. Procedure at meetings
PART III - FUNCTIONS AND
POWERS
OF THE BOARD
17. Functions of the Board
18. Powers of the
Board
18A. Ministerial
control
19. Power to lend exhibits
20. Power to dispose of exhibits
21. Board may accept gifts, &c.
22. [Disallowed]
23.-29. [Part IV] [Repealed]
PART V - MISCELLANEOUS
30. [Repealed]
31. Regulations
Notes
Table
of Amendments
NORTHERN TERRITORY OF
AUSTRALIA
_____________________________
MUSEUMS AND ART GALLERIES
ACT
_____________________________
NOTE - THIS REPRINT SHOWS THE ACT AS IN FORCE AT 1 APRIL 1995. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.
_____________________________
An Act to establish a Board to
control and manage
museums and art
galleries, and for related purposes
PART I - PRELIMINARY
This Act may be cited as the Museums and Art Galleries Act. (See back note 1)
This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
In this Act, unless the contrary intention appears -
"member" means a member of the Board;
"public servant" means a person who is an officer or employee of the Public Service of the Common-wealth or a Chief Executive Officer, or an employee, as defined in the Public Sector Employment and Management Act;
"the Board" means the Museums and Art Galleries Board established by section 5.
PART II - THE MUSEUMS AND ART GALLERIES BOARD
(1) For the purposes of this Act there shall be a board of trustees to be known as the Museums and Art Galleries Board.
(2) The Board -
(a) is a body corporate with perpetual succession;
(b) shall have an official seal;
(c) has power to acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to a document and shall presume that it was duly affixed.
(1) The Board shall consist of 7 members.
(2) The exercise of a power or the performance of a function by the Board is not affected by reason only of there being a vacancy in the membership of the Board.
(1) The Minister shall appoint 7 persons to be members of the Board.
(2) When a person ceases to be a member of the Board the Minister may appoint another person to be a member in his stead for the remainder of the period in respect of which that person was appointed.
(3) The Board shall not include more than 3 members who are public servants.
(4) Subject to this Act, a member holds office for a period of 3 years from the date of his appointment but is eligible for re-appointment.
9. - 10. [Repealed]
(1) The Minister may terminate the appointment of a member.
(2) The Minister shall terminate the appointment of a member who -
(a) resigns his office by writing under his hand addressed to the Minister;
(b) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Board; or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his fees, allowances or expenses, as a member of the Board, for the benefit of his creditors.
(1) A member of the Board may by writing under his hand appoint a person to be his deputy for the purpose of attending a specified meeting of the Board.
(2) A person so appointed has, at the meeting in respect of which he is appointed, but not otherwise, all the powers and functions of the member of whom he is the deputy but shall not preside at the meeting.
(3) An appointment under this section is revocable by writing served on the deputy before the time fixed for the meeting in respect of which the deputy is appointed but if not so revoked prevents the member making the appointment from exercising his powers and performing his functions in person at the meeting.
(1A) The Minister shall, by instrument in writing, appoint a member to be the Chairman of the Board for such period, not exceeding 3 years, as is specified in the instrument.
(1) At its first meeting the Board shall elect a Deputy Chairman.
(2) When the office of Chairman or Deputy Chairman becomes vacant, the Board shall elect a Chairman or Deputy Chairman, as the case requires.
(3) A member appointed under subsection (1A) as Chairman may resign that office by writing delivered to the Minister.
(4) The office of Deputy Chairman becomes
vacant if its holder is appointed as Chairman
or -
(a) ceases to be a member of the Board;
(b) resigns his office in writing addressed to the Board; or
(c) is removed from his office by a resolution of the Board.
(5) When the office of Chairman is vacant or when the Chairman is, because of absence or illness or for any other reason, unable to exercise his powers or perform his duties, the Deputy Chairman has and may exercise those powers and has and shall perform those duties.
(6) Where, under this Act, the exercise of a power or the performance of a function by the Chairman is dependent upon the opinion, belief or state of mind of the Chairman in relation to a matter and that power is being exercised or that function is being performed by the Deputy Chairman in pursuance of this Act, that power may be exercised or that function may be performed by the Deputy Chairman upon the opinion, belief or state of mind of the Deputy Chairman in relation to that matter.
(1) [Omitted]
(2) The Chairman shall fix the places, dates and times of meetings of the Board and shall give not less than 7 days notice of a meeting to each member either by telegram or by writing served personally or by post.
(3) Where a member is not given notice of a meeting in accordance with this section, the meeting shall be deemed not to have been duly called unless a quorum of members is present at the meeting and the members present resolve that the meeting shall be deemed to have been duly called.
(1) Subject to this section, the Board shall meet as often as the Chairman considers necessary for the exercise of its powers and the performance of its functions and duties but so that the period between any 2 successive meetings does not exceed 6 months.
(2) The Chairman shall call a meeting of the Board within 7 days of the receipt by him of a written request to do so, signed by not less than 4 members.
(1) Subject to this Act, at a meeting of the Board -
(a) 5 members form a quorum;
(b) either the Chairman or the Deputy Chairman must be present in person;
(c) the Chairman shall preside;
(d) all questions shall be decided by a majority of the votes of the members present and voting; and
(e) the Chairman shall have a deliberative vote and, in the event of an equality of votes, shall have also a casting vote.
(2) The Board shall keep a record of its proceedings.
PART III - FUNCTIONS AND POWERS OF THE BOARD
The functions of the Board are, subject to this Act -
(a) to establish or acquire museums and art galleries in the Territory;
(b) to control, manage and maintain museums and art galleries established or acquired by it or placed under its control;
(c) to manage museums and art galleries placed under its management;
(d) to control and preserve such relics of the growth and development of civilisation in the Territory as are acquired by it or placed under its control;
(e) to satisfy needs and demands in the community in, and to develop appreciation of, any or all branches of culture or learning by -
(i) collecting and displaying objects and articles of ethnological, anthropological, technological, scientific, artistic or historical interest or value;
(ii) lectures, demonstrations, broadcasts, films, publi-cations and other educational means; and
(iii) any other means that the Board considers to be necessary or desirable; and
(f) to carry out, and assist other persons to carry out, scientific research in matters relating to the discharge of the functions specified in paragraphs (d) and (e).
(1) Subject to this Act, the Board has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions and the exercise of its powers.
(2) Without limiting the generality of subsection (1), for the purpose of performing any or all of its functions the Board has power, subject to this Act -
(a) to acquire, hold and dispose of objects and articles of ethnological, anthropological, technological, scientific, artistic or historical interest or value;
(b) to acquire real or personal property used or intended to be used for or incidentally to the holding, disposal or display of such objects and articles;
(c) to extend, alter, repair, hold, dispose of or demolish real or personal property so acquired;
(d) to engage, and enter into contracts for the appearance of, lecturers and demonstrators;
(e) to assist, financially and otherwise, persons engaged in scientific research;
(f) to make charges for admission to a museum or art gallery, or a part of a museum or art gallery;
(g) to grant television, broadcasting, filming and recording rights in respect of any property owned by or under the control of the Board or any function arranged by the Board;
(h) to make or have made and to sell reproductions, replicas or photographs of exhibits; and
(i) to publish and sell publications relating to exhibits.
18A. MINISTERIAL CONTROL
The Board in the exercise of its powers and perform-ance of its functions is subject to the directions of the Minister.
The Board shall not lend exhibits owned by or under the control of the Board except -
(a) for public exhibition, whether in the Territory or elsewhere; or
(b) for display in a public building or official residence in the Commonwealth or under the control of the Territory or the Commonwealth.
The regulations may provide that the Board shall not dispose of a specified exhibit or an exhibit included in a specified class of exhibits, except -
(a) with the written approval of each member of the Board; or
(b) if, after one month from but not including the day on which a member is requested in writing to give his written approval that member has not given his written approval, then with the written approval of 6 members of the Board.
(1) Subject to this section, the Board may accept a gift, devise or bequest of any property, real or personal.
(2) The Board shall not accept a gift, devise or bequest upon conditions that are inconsistent with using the gift, devise or bequest, or the proceeds of the sale of the gift, devise or bequest, for the purposes of and in accordance with this Act.
(3) No gift or succession duty shall be payable under any Act upon any property given, devised or bequeathed to the Board.
23. - 29. [PART IV] [Repealed] - (See back note 3)
PART V - MISCELLANEOUS
The Administrator may make regulations not incon-sistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
_____________________________
Notes
1. The Museums and Art Galleries Act
comprises the Museums and Art Galleries Ordinance 1965 as amended by the
other Ordinances and Acts specified in the following
table:
_________________________________________________________________
Ordinance, Act Number and Date of
Date of
year assent
by commencement
Administrator
_________________________________________________________________
Museums and Art No. 44, 1965 15 Nov
1965 29 Mar
1966
Galleries
Ordinance
1965
Museums and Art No. 18, 1968 18 June
1968 18 June
1968
Galleries
Ordinance
1968
Museums and Art No. 62, 1970 8 Dec
1970 27 Jan
1971
Galleries
Ordinance
1970
Ordinances No. 87, 1973 11 Dec 1973 11
Dec 1973,
Revision but
see
Ordinance 1973 s.
12(2)
as amended (a) No. 34, 1974 26 Aug
1974 11 Dec 1973,
but see s.
3(2)
No. 69, 1974 24 Oct 1974 11 Dec
1973,
but see s.
3
No. 27, 1976 28 June 1976 Ss 1, 2 and
6: 28 June 1976,
but see s.
6(2)
Ss 3 and
4:
11 Dec
1973
S. 5: 24
Oct
1974
Transfer of No. 64, 1976 22 Dec 1976 Ss
1 and 2:
Powers Ordinance 22
Dec 1976
1976 as
amended Remainder:
1 Jan 1977
but see s.
2(2)
and
(3)
No. 65, 1976 22 Dec 1976 22 Dec
1976
Museums and Art No. 51, 1978 30 June
1978 1 July 1978
(b)
Galleries
Ordinance
1978
as amended by No. 5, 1995 21 Mar
1995 1 Apr 1995
Statute Law No. 95, 1978 5 Sept 1978 5
Sept 1978
Revision Act
1978
Remuneration No. 9, 1980 14 Jan 1980 8
Feb 1980
(Statutory
Bodies)
Act 1979
Statute Law No. 91, 1981 21 Sept 1981 21
Sept 1981
Revision
Act
(No. 3) 1981
Museums and Art No. 15, 1983 24 June
1983 24 June
1983
Galleries
Amendment
Act 1983
Public Sector No. 28, 1993 30 June
1993 1 July 1993
Employment
and
Management
(Consequential
Amendments)
Act
1993
Museums and Art No. 28, 1994 18 May
1994 14 Dec 1994
Galleries
Amendment
Act
1994
as amended by No. 50, 1994 20
Sept 1994 20 Sept
1994
_________________________________________________________________
(a) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Ss 4, 7, 8, 14, 15, 16 and 20.
(b) Section 7(5) of the Museums and Art Galleries Ordinance 1978 provides as follows:
"(5) An appointment duly made, or other action duly taken or done, before the commencement of this Ordinance under or for the purposes of a provision of the Principal Ordinance, and having effect immediately before the commencement of this Ordinance is as valid and effectual as if duly made, taken or done under or for the purposes of that provision as amended by this Ordinance, but any action that may be taken or done in respect of an appointment or action made, taken or done under or for the purposes of that provision as amended by this Ordinance may be taken or done in respect of that first-mentioned appointment or action.".
2. Section 22 of the Museums and Art Galleries Ordinance 1965 was disallowed by notice in the Northern Territory Government Gazette dated 2 November, 1966.
3. Sections 23-30 (inclusive) were repealed by section 7(1) of the Museums and Art Galleries Ordinance 1978. Section 7(2), (3) and (4) of that Ordinance provides as follows:
"(2) The repeal of section 25 of the Principal Ordinance does not affect the operation of section 81 of the Financial Administration and Audit Ordinance in its application to the Museums and Art Galleries Board and the Museums and Art Galleries Board has power to maintain a bank account established under the Principal Ordinance for the purposes of, and in accordance with, that section.
"(3) The repeal of section 26 of the Principal Ordinance does not affect the operation of section 82 of the Financial Administration and Audit Ordinance in its application to the Museums and Art Galleries Board and the Museums and Art Galleries Board has power to continue to hold investments to the extent authorized by that section.
"(4) Notwithstanding the repeals effected by this section, the repealed sections continue to have effect in respect of the period before the commencement of this Ordinance.".
Section 7 of the Museums and Art Galleries Ordinance 1978 was subsequently repealed by section 19 of the Financial Management (Consequential Amendments) Act 1995.
_____________________________
Table of Amendments
Long title Amended by No. 91, 1981, s. 2
Section
1. Amended by No. 58, 1978, s. 4
2. Amended by No. 91, 1981, s. 2
3. Repealed by No. 91, 1981, s. 2
4. Amended by No. 91, 1981, s. 2; No. 28, 1993, s. 3
5.(1) Amended by No. 91, 1981, s. 2
6. Repealed by No. 64, 1976, s. 4
7.(2) Amended by No. 91, 1981, s. 2
8.(1) Amended by No. 64, 1976, s. 4; No. 51, 1978, s. 4
8.(2) Amended by No. 64, 1976, s. 4; No. 51, 1978, s. 4
8.(4) Amended by No. 91, 1981, s. 2
9. Amended by No. 51, 1978, s. 5; repealed by No. 9, 1980, s. 6
10. Repealed by No. 64, 1976, s. 4
11.(1) Amended by No. 64, 1976, s. 4; No. 51, 1978, s. 4
11.(2) Amended by No. 64, 1976, s. 4; No. 51, 1978, s. 4
12.(3) Amended by No. 91, 1981, s. 2
13.(1A) Inserted by No. 27, 1994, s. 4
13.(1) Amended by No. 27, 1994, s. 4
13.(3) Substituted by No. 27, 1994, s. 4
13.(6) Amended by No. 91, 1981, s. 2
14.(1) Omitted by No. 27, 1994, s. 5
14.(2) Amended by No. 27, 1994, s. 5
16.(1) Amended by No. 91, 1981, s. 2
17. Amended by No. 64, 1976, s. 4; No. 51, 1978, s. 4; No. 91, 1981, s. 2; No. 15, 1983, s. 3
18.(1) Amended by No. 15, 1983, s. 4
18.(2) Amended by No. 87, 1973, s. 12; No. 91, 1981, s. 2
18A. Inserted by No. 15, 1983, s. 5
19. Amended by No. 51, 1978, s. 6; No. 91, 1981, s. 2
21.(2) Amended by No. 91, 1981, s. 2
21.(3) Substituted by No. 91, 1981, s. 2
23. Amended by No. 64, 1976, s. 4; repealed by No. 51, 1978, s. 7 as amended by No. 5, 1995, s. 19
24. Repealed by No. 51, 1978, s. 7 as amended by No. 5, 1995, s. 19
25. Amended by No. 64, 1976, s. 4; repealed by No. 51, 1978, s. 7 as amended by No. 5, 1995, s. 19
26. Amended by No. 64, 1976, s. 4; repealed by No. 51, 1978, s. 7 as amended by No. 5, 1995, s. 19
27. Repealed by No. 62, 1970, s. 3
28. Repealed by No. 51, 1978, s. 7 as amended by No. 5, 1995, s. 19
29. Repealed by No. 51, 1978, s. 7 as amended by No. 5, 1995, s. 19
29.(1) Omitted by No. 18, 1968, s. 2
29.(2) Amended by No. 18, 1968, s. 2; No. 64, 1976, s. 4
29.(3) Amended by No. 18, 1968, s. 2
29.(4) Amended by No. 18, 1968, s. 2
29.(5) Amended by No. 18, 1968, s. 2
29.(6) Amended by No. 18, 1968, s. 2
30. Repealed by No. 51, 1978, s. 7 as amended by No. 5, 1995, s. 19
30.(1) Amended by No. 64, 1976, s. 4
30.(2) Amended by No. 18, 1968, s. 3; No. 64, 1976, s. 4
30.(3) Amended by No. 18, 1968, s. 3; No. 64, 1976, s. 4
31. Amended by No. 95, 1978, s. 14; No. 91, 1981, s. 2
_____________________________
___________________