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Australian National Maritime Museum Act 1990

Authoritative Version
Act No. 90 of 1990 as amended, taking into account amendments up to National Collecting Institutions Legislation Amendment Act 2021
An Act to establish the Australian National Maritime Museum
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 11 May 2021
Start Date 01 May 2021

Commonwealth Coat of Arms of Australia

Australian National Maritime Museum Act 1990

No. 90, 1990

Compilation No. 14

Compilation date:                              1 May 2021

Includes amendments up to:            Act No. 20, 2021

Registered:                                         11 May 2021

About this compilation

This compilation

This is a compilation of the Australian National Maritime Museum Act 1990 that shows the text of the law as amended and in force on 1 May 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Interpretation....................................................................................... 1

4............ Extension to external Territories.......................................................... 3

Part 2—The Australian National Maritime Museum                                      4

5............ Establishment of Museum................................................................... 4

6............ Functions of Museum......................................................................... 4

7............ Powers of Museum............................................................................. 5

8............ Land etc. for Museum......................................................................... 7

9............ National maritime collection................................................................ 8

10.......... Disposal of material in national maritime collection............................ 9

Part 3—The Council of the Museum                                                                       10

Division 1—Establishment, functions etc. of Council                                10

11.......... Establishment of Council.................................................................. 10

12.......... Functions of Council......................................................................... 10

13.......... Council may give directions to Director............................................ 10

15.......... Committees of Council...................................................................... 10

16.......... Delegation by Council....................................................................... 10

Division 2—Membership and meetings of Council                                     12

17.......... Membership of Council.................................................................... 12

18.......... Acting members................................................................................ 13

19.......... Leave of absence............................................................................... 13

20.......... Resignation....................................................................................... 14

21.......... Termination of appointment.............................................................. 14

23.......... Meetings of Council.......................................................................... 14

24.......... Remuneration and allowances........................................................... 16

Part 4—The Director of the Museum                                                                      18

30.......... Director............................................................................................. 18

31.......... Duties of Director............................................................................. 18

32.......... Director not to engage in other work................................................. 18

33.......... Remuneration and allowances........................................................... 18

34.......... Leave of absence............................................................................... 19

35.......... Resignation....................................................................................... 19

36.......... Termination of appointment.............................................................. 19

37.......... Disclosure of interests....................................................................... 20

38.......... Acting Director................................................................................. 20

39.......... Delegation by Director...................................................................... 21

Part 5—Staff and Consultants                                                                                     22

40.......... Staff.................................................................................................. 22

41.......... Arrangements relating to staff........................................................... 22

42.......... Engagement of consultants................................................................ 22

Part 6—Finance                                                                                                                    23

43.......... Appropriation of money.................................................................... 23

44.......... Australian National Maritime Museum Fund.................................... 23

45.......... Application of money........................................................................ 23

46.......... Investment policy.............................................................................. 24

47.......... Restrictions on financial transactions................................................ 25

48.......... Extra matter to be included in annual report...................................... 26

49.......... Exemption from taxation................................................................... 26

Part 7—Miscellaneous                                                                                                       27

50.......... Trust money etc................................................................................. 27

51.......... Limits on charges.............................................................................. 27

52.......... Operation of certain other laws not affected...................................... 27

53.......... Supply of liquor................................................................................ 28

53A....... Minister may give directions to Council............................................ 28

53B....... Delegation by the Minister................................................................ 28

54.......... Regulations....................................................................................... 29

Endnotes                                                                                                                                    30

Endnote 1—About the endnotes                                                                            30

Endnote 2—Abbreviation key                                                                                32

Endnote 3—Legislation history                                                                             33

Endnote 4—Amendment history                                                                           36


An Act to establish the Australian National Maritime Museum

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Australian National Maritime Museum Act 1990.

2  Commencement

                   This Act commences:

                     (a)  if this Act receives the Royal Assent before 1 July 1989—on 1 July 1989; or

                     (b)  if this Act receives the Royal Assent on or after 1 July 1989—one month after it receives the Royal Assent.

3  Interpretation

             (1)  In this Act, unless the contrary intention appears:

acquire means acquire by means of purchase, lease, loan or otherwise.

appointed member means a member other than the Director or the naval member.

Australia includes all external Territories.

Australian marine environment includes the environment of:

                     (a)  the sea above the continental shelf adjacent to the coast of Australia and the bed of that sea; and

                     (b)  the waters and beds of the lakes, rivers and other internal waters of Australia.

Australian maritime history includes:

                     (a)  the history, including biological and geological history, of the Australian marine environment;

                     (b)  the history of the interaction of human beings with the Australian marine environment;

                     (c)  the history of sea travel by Australians, and by persons to and from Australia, whether for the purpose of migration, trade, exploration, defence or otherwise; and

                     (d)  the history of research into, and the recovery of materials related to, any of the matters referred to in paragraphs (a), (b) and (c).

Chairperson means the Chairperson of the Council.

Council means the Council of the Australian National Maritime Museum established by section 11.

Director means the Director of the Museum.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

Fund means the Australian National Maritime Museum Fund established by section 44.

maritime historical material means material (whether in written form or in any other form) relating to Australian maritime history.

member means a member of the Council.

money of the Museum includes money standing to the credit of the Fund.

Museum means the Australian National Maritime Museum established by section 5.

national maritime collection means the national collection of maritime historical material referred to in subsection 9 (1).

naval member means the member appointed under subsection 17 (2A) by the Chief of the Defence Force.

vessel means any kind of vessel or other craft that is, or has been, used in navigation by water, whether above or below the surface and however propelled or moved.

             (2)  Where, during a period, a place was a Territory referred to in section 122 of the Constitution (including a Territory administered by Australia under a Trusteeship Agreement), then, for the purposes of the definitions of Australian marine environment and Australian maritime history in subsection (1), a reference in those definitions to Australia includes a reference to the place during the period when it was such a Territory.

4  Extension to external Territories

                   This Act extends to all the external Territories.

Part 2The Australian National Maritime Museum

  

5  Establishment of Museum

             (1)  There is established by this section a museum by the name of the Australian National Maritime Museum.

             (2)  The Museum:

                     (a)  is a body corporate;

                     (b)  shall have a seal; and

                     (c)  may sue and be sued.

Note:          The Public Governance, Performance and Accountability Act 2013 applies to the Museum. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

             (3)  The seal of the Museum shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.

             (4)  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Museum appearing on a document and shall presume the document was duly sealed.

6  Functions of Museum

                   The functions of the Museum are:

                     (a)  to exhibit, or to make available for exhibition by others, in Australia or elsewhere, material included in the national maritime collection or maritime historical material that is otherwise in the possession of the Museum;

                     (b)  to co‑operate with other institutions (whether public or private) in the exhibiting, or in the making available for exhibition, of such material;

                     (c)  to develop, preserve and maintain the national maritime collection in accordance with section 9;

                     (d)  to disseminate information relating to Australian maritime history and information relating to the Museum and its functions;

                     (e)  to conduct, arrange for and assist research into matters relating to Australian maritime history; and

                      (f)  to develop sponsorship, marketing and other commercial activities relating to the Museum’s functions.

7  Powers of Museum

             (1)  Subject to this Act, the Museum has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:

                     (a)  to purchase, commission the creation of or take on hire, deposit or loan, maritime historical material;

                     (b)  to lend or hire out or otherwise deal with maritime historical material;

                     (c)  to recover, or to arrange for or assist in the recovery of, maritime historical material from the Australian marine environment and from other areas;

                     (d)  to dispose of, in accordance with section 10, material included in the national maritime collection and to dispose of maritime historical material that is otherwise in the possession of the Museum;

                     (e)  from time to time as the occasion requires, to exhibit in Australia or elsewhere, material, whether in written form or in any other form and whether relating to Australia or to a foreign country;

                      (f)  to accept gifts, devises, bequests or assignments made to the Museum, whether on trust or otherwise, and whether unconditionally or subject to a condition and, if a gift, devise, bequest or assignment is accepted by the Museum on trust or subject to a condition, to act as trustee or to comply with the condition, as the case may be;

                     (g)  to acquire and operate vessels, whether in Australian waters or otherwise and whether or not the vessels are maritime historical material;

                     (h)  to collect, and make available (whether in writing or in any other form and whether by sale or otherwise), information relating to Australian maritime history;

                      (j)  to make available information relating to the Museum and its functions;

                     (k)  to make available (whether by sale or otherwise) reproductions, replicas or other representations (whether in writing or in any other form) of maritime historical material;

                    (m)  to arrange for the manufacture and distribution of (whether by sale or otherwise), any article or thing bearing a mark, symbol or writing that is associated with the Museum;

                     (n)  to enter into contracts;

                     (o)  to acquire, hold and dispose of real or personal property;

                     (p)  to erect buildings and structures and carry out works;

                     (q)  to take on leases of land or buildings and to grant leases and sub‑leases of land or buildings;

                      (r)  to fix charges for entry onto any land or water, or into any building, structure or vessel, owned by, or under the control of the Museum, being charges that:

                              (i)  are in addition to the charges fixed by the regulations; and

                             (ii)  relate to special exhibitions or other special events;

                      (s)  to purchase or take on hire, deposit or loan, and to dispose of or otherwise deal with, furnishings, equipment and other goods;

                      (t)  to raise money for the purposes of the Museum by appropriate means, having regard to the proper performance of the functions of the Museum;

                     (u)  to charge such fees and impose such charges (in addition to the charges fixed by regulations) as are reasonable in respect of services rendered by the Museum;

                    (w)  to act on behalf of the Commonwealth or of an authority of the Commonwealth in the administration of a trust relating to maritime historical material or related matters; and

                     (y)  to appoint agents and attorneys and act as an agent for other persons.

             (2)  The Museum may exercise its powers either alone or jointly with another person or other persons.

8  Land etc. for Museum

             (1)  The Minister may make available to the Museum for the purposes of the Museum:

                     (a)  such areas of land (including any buildings, structures or other improvements on those areas); and

                     (b)  such areas of water;

owned or held under lease by, or otherwise under the control of, the Commonwealth as are specified by the Minister by notice in the Gazette.

             (2)  The Minister may:

                     (a)  where the Council so requests, transfer or cause to be transferred to the Museum maritime historical material owned by the Commonwealth; and

                     (b)  transfer or cause to be transferred to the Museum such other goods or equipment owned by the Commonwealth as the Minister considers would be of use to the Museum.

             (3)  Where the Minister causes an asset to be transferred to the Museum under subsection (2), the Minister may, by writing signed by him or her, declare that the transfer shall be taken to have had effect from a specified day, not being a day earlier than the day on which this Act commences, and, where the Minister makes such a declaration, it has effect accordingly.

             (4)  Where an asset of the Commonwealth is transferred to the Museum under subsection (2), the Museum becomes liable to pay and discharge all debts, liabilities and obligations of the Commonwealth (if any) that existed immediately before the transfer in respect of that asset.

             (5)  The Minister may, by writing signed by him or her, declare that a specified agreement or a specified instrument:

                     (a)  to which the Commonwealth or the Commonwealth Government is a party; and

                     (b)  that immediately before the commencement of this Act related to a maritime museum;

has effect, after the commencement of this Act, as if:

                     (c)  the Museum were substituted for the Commonwealth or the Commonwealth Government, as the case may be, as a party to the agreement or instrument; and

                     (d)  any reference in the agreement or instrument to the Commonwealth or the Commonwealth Government were (except in relation to matters that occurred before the commencement of this Act) a reference to the Museum;

and, where the Minister makes such a declaration, it has effect accordingly.

9  National maritime collection

             (1)  The Museum shall develop a national collection of maritime historical material.

             (2)  The national maritime collection shall consist of all maritime historical material in the sole ownership of the Museum that the Council has determined in accordance with subsection (3) should be included in the national maritime collection.

             (3)  The Council shall, from time to time, determine which of the maritime historical material that comes into the sole ownership of the Museum should be included in the national maritime collection.

             (4)  Any determination made by the Council for the purposes of subsection (3) shall be based upon criteria, and made in accordance with guidelines, approved by the Minister.

             (5)  The Museum shall not sell or otherwise dispose of material included in the national maritime collection except in accordance with section 10.

10  Disposal of material in national maritime collection

             (1)  Subject to subsections (2) and (3), where the Council is satisfied that material included in the national maritime collection:

                     (a)  is unfit for the collection; or

                     (b)  is not required as part of the collection;

the Council may determine that the material be disposed of by sale, exchange, gift or destruction.

             (2)  The Council shall not determine that material included in the national maritime collection be disposed of until the Council has obtained and considered reports from 2 independent experts setting out the views of those experts on the importance of the material to the national maritime collection.

             (3)  The Council shall not determine that material included in the national maritime collection be disposed of by destruction unless the Council is satisfied that the material cannot be disposed of by sale, exchange or gift.

             (4)  If the Council has determined, in accordance with this section, that material included in the national maritime collection be disposed of, the Museum may dispose of that material accordingly.

Note:          Particulars of any such disposals must be included in the annual report (see section 48).

             (5)  Subsection (4) is subject to section 47 (about restrictions on financial transactions).

Part 3The Council of the Museum

Division 1Establishment, functions etc. of Council

11  Establishment of Council

                   There is established by this section a council by the name of the Council of the Australian National Maritime Museum.

12  Functions of Council

                   The functions of the Council are to ensure the proper and efficient performance of the functions of the Museum and, subject to section 14, to determine the policy of the Museum with respect to any matter.

13  Council may give directions to Director

             (1)  The Council may give directions to the Director regarding the management of the affairs of the Museum.

             (2)  The Director shall comply with any such directions.

15  Committees of Council

             (1)  The Council may constitute such committees as it thinks necessary for the purposes of this Act.

             (2)  A committee may be constituted wholly by members of the Council or partly by one or more members of the Council and partly by one or more other persons.

16  Delegation by Council

             (1)  The Council may, by resolution, either generally, or as otherwise provided by the resolution, delegate all or any of its powers under this Act to the Director, to any other member or to a member of staff of the Museum.

             (2)  A delegate is, in the exercise of a power so delegated, subject to the directions of the Council.

             (3)  A delegation of a power under this section:

                     (a)  may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated); and

                     (b)  continues in force notwithstanding a change in the membership of the Council.

Division 2Membership and meetings of Council

17  Membership of Council

             (1)  The Council shall consist of the following members:

                     (a)  the Chairperson;

                     (b)  the Director;

                   (ba)  an officer of the Royal Australian Navy;

                     (c)  not fewer than 6 nor more than 9 other members.

             (2)  The members referred to in paragraphs (1)(a) and (c) shall be appointed by the Governor‑General as part‑time members.

          (2A)  The member referred to in paragraph (1)(ba) is to be appointed by the Chief of the Defence Force as a part‑time member.

             (3)  An appointed member shall be a person having knowledge and experience with respect to matters relating to Australian maritime history or with respect to any other area of knowledge relevant to the affairs of the Museum.

             (5)  An appointed member holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment of the member.

       (5AA)  A person must not be appointed as a member referred to in paragraph (1)(a) or (c) for a period if the sum of the following exceeds 9 years:

                     (a)  that period;

                     (b)  any periods of previous appointment of the person as a member.

          (5A)  The naval member holds office at the pleasure of the Chief of the Defence Force.

             (6)  The performance of the functions, or the exercise of the powers, of the Council is not affected merely because:

                     (a)  there is a vacancy in the office of Chairperson or Director; or

                   (ab)  there is no member holding office under paragraph (1)(ba); or

                     (b)  the number of persons appointed under paragraph (1)(c) falls below 6 for not longer than 3 months.

18  Acting members

             (1)  The Minister may appoint a person who is an appointed member to act as Chairperson:

                     (a)  during a vacancy in the office of Chairperson (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Chairperson.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

             (2)  The Minister may appoint a person who is not a member to act as a member referred to in paragraph 17(1)(c):

                     (a)  during a vacancy in the office of the member (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as Chairperson), unable to perform the duties of the office of member.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

19  Leave of absence

                   The Council may, in accordance with guidelines approved by the Minister, grant to an appointed member, or the naval member, leave of absence from a meeting of the Council upon such terms and conditions as to remuneration or otherwise as the Council determines.

20  Resignation

             (1)  An appointed member may resign the office of appointed member by writing signed by the appointed member and delivered to the Governor‑General.

             (2)  The naval member may resign the office of naval member by writing signed by the naval member and delivered to the Chief of the Defence Force.

21  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of an appointed member by reason of the misbehaviour or physical or mental incapacity of that member.

             (2)  If an appointed member:

                     (a)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

                     (b)  is absent, except on leave granted by the Council in accordance with section 19, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;

the Governor‑General shall terminate the appointment of that member.

Note:          The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

23  Meetings of Council

             (1)  The Chairperson:

                     (a)  shall convene such meetings of the Council as are necessary for the efficient conduct of its functions; and

                     (b)  shall, on receipt of a written request signed by not fewer than 4 members, convene a meeting of the Council.

             (2)  The Minister may at any time convene a meeting of the Council.

             (3)  The Chairperson shall preside at all meetings of the Council at which he or she is present.

             (4)  In the event of the absence of the Chairperson from a meeting of the Council, the members present shall elect one of their number to preside at that meeting.

             (5)  At a meeting of the Council, a quorum is constituted by a majority of the members.

             (6)  If, because of rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013, a member is not present at a meeting of the Council during a deliberation of the Council with respect to a matter, but there would be a quorum if that member were present, the remaining members present constitute a quorum for the purpose of any deliberation or decision of the Council at the meeting with respect to that matter.

             (7)  Subject to subsection (8), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.

             (8)  In the event of an equality of votes on a resolution proposed at a meeting of the Council, the resolution shall be taken not to be passed but, if the same resolution is proposed at the first meeting of the Council held after the date of that first‑mentioned meeting and there is again an equality of votes, the member presiding has a casting vote on the resolution.

             (9)  The Council may regulate the conduct of proceedings at its meetings as it thinks fit.

           (10)  The Council shall keep minutes of proceedings at its meetings.

           (11)  If the Council so determines, a member of the Council may participate in, and form part of a quorum at, a meeting of the Council by means of any of the following methods of communication:

                     (a)  telephone;

                     (b)  close circuit television;

                     (c)  any other method of communication determined by the Council.

           (12)  A determination of the Council under subsection (11) may be made in respect of a particular meeting, or in respect of all meetings, of the Council.

           (13)  A member of the Council who participates in a meeting as provided by subsection (11) shall be taken for the purposes of this Part to be present at the meeting.

           (14)  If the Council so determines, a resolution shall be taken to have been passed at a meeting of the Council if, without meeting, a majority of the members who would, if present at a meeting of the Council and entitled to vote on the resolution at that meeting, have constituted a quorum of the Council indicate agreement with the resolution in accordance with the method determined by the Council.

24  Remuneration and allowances

             (1)  This section applies to a person who is:

                     (a)  an appointed member; or

                     (b)  a member of a committee constituted under section 15 (other than a member of the Council).

             (2)  A person to whom this section applies shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed.

             (3)  A person to whom this section applies shall be paid such allowances as are prescribed.

             (4)  This section has effect subject to the Remuneration Tribunal Act 1973.

Part 4The Director of the Museum

  

30  Director

             (1)  There shall be a Director of the Museum who shall be appointed by the Governor‑General.

             (3)  The Director holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment of the Director.

             (4)  The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.

31  Duties of Director

             (1)  The Director shall manage the affairs of the Museum subject to the directions of, and in accordance with policies determined by, the Council.

             (2)  All acts and things done in the name of, or on behalf of, the Museum by the Director shall be deemed to have been done by the Museum.

32  Director not to engage in other work

                   The Director shall not engage in paid employment outside the duties of his or her office except with the approval of the Minister.

33  Remuneration and allowances

             (1)  The Director shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the Director shall be paid such remuneration as is prescribed.

             (2)  The Director shall be paid such allowances as are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

34  Leave of absence

             (1)  The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.

             (2)  Subject to subsection (3), the Minister may grant leave of absence to the Director, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

             (3)  The Chairperson may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chairperson determines, if the period of leave of absence is less than 5 working days.

35  Resignation

                   The Director may resign the office of Director by writing signed by the Director and delivered to the Governor‑General.

36  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of the Director by reason of the misbehaviour or physical or mental incapacity of the Director.

             (2)  If the Director:

                     (a)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

                     (b)  is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

                     (c)  is absent, except on leave granted by the Minister or by the Chairperson in accordance with section 34, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;

                     (d)  engages in paid employment outside the duties of his or her office without the approval of the Minister; or

                     (e)  contravenes section 37 without reasonable excuse;

the Governor‑General shall terminate the appointment of the Director.

Note:          The appointment of the Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

37  Disclosure of interests

             (1)  The Director shall give a written notice to the Minister of all direct or indirect pecuniary interests that the Director has or acquires in any business or in any body corporate carrying on any business.

             (2)  Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

38  Acting Director

                   The Minister may appoint a person other than a member to act as Director:

                     (a)  during a vacancy in the office of Director (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Director.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

39  Delegation by Director

             (1)  The Director may, with the approval of the Council, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Director, delegate to a member of the staff of the Museum all or any of the Director’s powers under this Act.

Note:          Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

             (2)  In exercising a delegated power, the delegate must comply with any written directions of the Director.

Part 5Staff and Consultants

  

40  Staff

             (1)  Subject to section 41, the staff of the Museum shall be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the Director and the APS employees assisting the Director together constitute a Statutory Agency; and

                     (b)  the Director is the Head of that Statutory Agency.

41  Arrangements relating to staff

             (1)  The Director may, on behalf of the Museum, arrange with an Agency Head (within the meaning of the Public Service Act 1999), or with a body established for a public purpose by or under a law of the Commonwealth, for the services of officers or employees of the Agency or body to be made available to the Museum.

             (2)  The Director may, on behalf of the Museum, enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the Museum.

42  Engagement of consultants

             (1)  The Director may, on behalf of the Museum, engage persons having suitable qualifications and experience as consultants to the Museum.

             (2)  The terms and conditions of the engagement of a person under subsection (1) are such as are determined by the Director.

Part 6Finance

  

43  Appropriation of money

             (1)  There is payable to the Museum such money as is appropriated by the Parliament for the purposes of the Museum.

             (2)  The Finance Minister may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Museum.

44  Australian National Maritime Museum Fund

             (1)  There is established by this section a fund by the name of the Australian National Maritime Museum Fund.

             (2)  Income received from the investment of money standing to the credit of the Fund forms part of the Fund.

             (3)  There shall be paid into the Fund:

                     (a)  gifts and bequests of money accepted by the Museum otherwise than on trust; and

                     (b)  money received by the Museum (other than money to be held on trust by the Museum) from the disposal of property given, devised, bequeathed or assigned to the Museum.

             (4)  The payment of money into a bank account maintained by the Museum under the name of the Australian National Maritime Museum Fund shall be deemed, for the purposes of subsection (3) of this section, to be a payment of the money into the Fund.

45  Application of money

             (1)  The money of the Museum shall be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by the Museum in the performance of its functions or the exercise of its powers under this Act; and

                     (b)  in payment of any remuneration and allowances payable to any person under this Act.

             (2)  Subsection (1) does not prevent investment, under subsection (3) of this section or section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Museum.

             (3)  In addition to investments authorised by section 59 of the Public Governance, Performance and Accountability Act 2013, the Museum may invest the following in any other form of investment:

                     (a)  money accepted as a gift or bequest to the Museum;

                     (b)  money that the Museum receives from the disposal of property given, devised, bequeathed or assigned to the Museum by a person other than the Commonwealth;

                     (c)  income received from an investment made under this subsection or from the disposal of such an investment.

Note:          See subsection 50(2) for obligations of the Museum as trustee of a trust.

             (4)  An investment under subsection (3), or the disposal of such an investment, must be in accordance with a policy in force under section 46.

46  Investment policy

             (1)  The Council may formulate a written policy in relation to the following matters:

                     (a)  the investment strategy of the Museum;

                     (b)  benchmarks and standards for assessing the performance of the Museum’s investments;

                     (c)  risk management for the Museum’s investments.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Publication of policy

             (2)  If the Council formulates a policy under subsection (1), the Council must cause a copy of the policy to be published on the Museum’s website.

Review of policy

             (3)  If the Council formulates a policy under subsection (1), the Council must conduct periodic reviews of the policy.

Compliance with policy

             (4)  If the Council formulates a policy under subsection (1), the Museum must comply with the policy.

             (5)  A failure to comply with the policy does not affect the validity of any transaction.

Policy not a legislative instrument

             (6)  A policy formulated under subsection (1) is not a legislative instrument.

47  Restrictions on financial transactions

             (1)  The Museum must not, without the written approval of the Minister:

                     (a)  acquire any maritime historical material for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or

                     (b)  dispose of any maritime historical material if the amount or value of the consideration for the disposal, or the value of the maritime historical material, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or

                     (c)  acquire any property, right or privilege, other than maritime historical material, for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or

                     (d)  dispose of any property, right or privilege, other than maritime historical material, if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or

                     (e)  enter into a contract for the construction of a building for the Museum, being a contract under which the Museum is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or

                      (f)  enter into a lease of land for a period exceeding 10 years.

             (2)  An approval under subsection (1) is not a legislative instrument.

             (3)  The value of maritime historical material referred to in paragraph (1)(b) is to be determined in accordance with regulations made for the purposes of this subsection.

             (4)  Subsection (1) does not apply to a contract if the contract provides for the supply of a service to the Museum for the day‑to‑day operations of the Museum.

             (5)  Subsection (1) does not apply to the following:

                     (a)  an investment acquired under subsection 45(3);

                     (b)  the disposal of such an investment.

48  Extra matter to be included in annual report

                   Each annual report prepared by the Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of any disposals of material included in the national maritime collection under subsection 10(4) of this Act during that period.

49  Exemption from taxation

                   The Museum is not subject to taxation under any law of the Commonwealth or of a State or Territory.

Part 7Miscellaneous

  

50  Trust money etc.

             (1)  The Museum shall ensure that any money received or held by the Museum on trust is paid into an account that does not contain any money of the Museum not held on trust.

             (2)  Notwithstanding anything contained in this Act:

                     (a)  money or other property held by the Museum on trust or accepted by the Museum subject to a condition shall not be dealt with except in accordance with the obligations of the Museum as trustee of the trust or as the person who has accepted the money or other property subject to the condition, as the case may be; and

                     (b)  money held by the Museum on trust may be invested:

                              (i)  in any manner in which the Museum is authorised to invest that money by the terms of the trust; or

                             (ii)  in any manner in which trust money may, for the time being, be invested under law;

but not otherwise.

51  Limits on charges

                   The amount or rate of a charge fixed under this Act shall not be such as to amount to taxation.

52  Operation of certain other laws not affected

                   Nothing in this Act affects the operation of any law (whether passed before or after the commencement of this Act) relating to copyright, to the preservation and use of archival resources or to the rights of members of the public to access to official documents of the Government of the Commonwealth and of its agencies.

53  Supply of liquor

             (1)  The regulations may make provision for and in relation to the sale, supply, disposal, possession or control of liquor on or in any land, building or vessel owned by, or under the control of, the Museum.

             (2)  Regulations referred to in subsection (1) that are in force in respect of land, or a building or vessel, owned by, or under the control of, the Museum, have effect to the exclusion of any provisions of the law of a State or Territory that would otherwise apply.

             (3)  In this section, liquor means any liquid containing alcohol ordinarily used, or fit for use, as a beverage.

53A  Minister may give directions to Council

             (1)  The Minister may, by legislative instrument, give written directions to the Council about the performance of its functions or the exercise of its powers.

Note:          Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

             (2)  A direction under subsection (1) must be of a general nature only.

             (3)  The Council must comply with a direction under subsection (1).

53B  Delegation by the Minister

             (1)  The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

Note:          Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

             (2)  However, subsection (1) does not apply to the Minister’s powers under section 8, 18 or 53A.

             (3)  In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.

54  Regulations

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient for carrying out or giving effect to this Act;

and, in particular, may make regulations:

                     (c)  regulating, restricting or prohibiting the entry of persons onto or into any Museum premises, or any part of any Museum premises, and regulating the conduct of persons on or in any Museum premises, or any part of any Museum premises, including making provision for and in relation to the removal of persons from any Museum premises, or any part of any Museum premises;

                     (d)  fixing charges, or providing for the Museum to fix charges, for entering any Museum premises;

                     (e)  regulating, restricting or prohibiting the making, using, printing, publishing, exhibiting, selling or offering for sale of replicas, photographs, representations or copies of maritime historical material in the ownership or possession of the Museum; and

                      (f)  prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations.

             (2)  In subsection (1):

Museum premises means an area of land or water, or a building, structure or vessel, being an area, or a building, structure or vessel, as the case may be, that is owned by, or under the control of, the Museum.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Australian National Maritime Museum Act 1990

90, 1990

20 Nov 1990

20 Dec 1990

 

Arts, Sport, Environment, Tourism and Territories Legislation Amendment Act (No. 2) 1991

179, 1991

25 Nov 1991

25 Nov 1991

s. 3(2)

Sales Tax Amendment (Transitional) Act 1992

118, 1992

30 Sept 1992

28 Oct 1992

as amended by

 

 

 

 

Taxation Laws Amendment Act 1993

17, 1993

9 June 1993

Part 4 (s 60, 61): 28 Oct 1992 (s 2(2)

Defence Legislation Amendment Act (No. 1) 1997

1, 1997

19 Feb 1997

Schedule 2 (items 6–8): Royal Assent

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (items 375–388): 1 Jan 1998 (see s. 2(2) and Gazette 1997, No. GN49)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 211–215): 5 Dec 1999 (see s. 2(1), (2) and Gazette 1999, No. S584)

Corporate Law Economic Reform Program Act 1999

156, 1999

24 Nov 1999

Schedule 10 (items 42–44): 13 Mar 2000 (see Gazette 2000, No. S114)

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

159, 2001

1 Oct 2001

29 Oct 2001

Sch. 1 (item 97)

Arts Legislation Amendment (Maritime Museum and Film, Television and Radio School) Act 2005

110, 2005

31 Aug 2005

31 Aug 2005

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

101, 2006

14 Sept 2006

Schedule 5 (items 23, 24) and Schedule 6 (items 5–11): Royal Assent

Sch. 6 (items 5–11)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 5 (items 34, 35) and Schedule 7 (item 23): 19 Apr 2011

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 195–202) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 7 (items 310–330) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Defence Legislation Amendment (First Principles) Act 2015

164, 2015

2 Dec 2015

Sch 2 (items 13–16, 80): 1 July 2016 (s 2(1) item 2)

Sch 2 (item 80)

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 1 (item 52): 21 Oct 2016 (s 2(1) item 1)

National Collecting Institutions Legislation Amendment Act 2021

20, 2021

2 Mar 2021

Sch 1 (items 1–3, 19) and Sch 2 (items 1–12): 1 May 2021 (s 2(1) item 1)

Sch 1 (item 19) and Sch 2 (item 12)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3........................................

am No 179, 1991; No 1, 1997; No 5, 2011; No 46, 2011; No 62, 2014; No 164, 2015

Part 2

 

s 5........................................

am No 152, 1997; No 62, 2014

s 7........................................

am No 110, 2005

s 8........................................

am No 5, 2011; No 20, 2021

s 10......................................

am No 179, 1991; No 152, 1997; No 62, 2014; No 20, 2021

Part 3

 

Division 1

 

s 14......................................

rep No 20, 2021

Division 2

 

s 17......................................

am No 179, 1991; No 1, 1997; No 164, 2015; No 20, 2021

s 18......................................

am No 46, 2011

s 19......................................

am No 179, 1991

s 20......................................

am No 179, 1991; No 1, 1997; No 164, 2015

s 21......................................

am No 152, 1997; No 156, 1999; No 62, 2014

s 22......................................

rep No 152, 1997

s 23......................................

am No 152, 1997; No 156, 1999; No 62, 2014; No 20, 2021

Division 3 heading...............

rs No 62, 2014

 

rep No 20, 2021

Division 3............................

rep No 20, 2021

s 25......................................

rep No 62, 2014

s 26......................................

rs No 62, 2014

 

rep No 20, 2021

s 27......................................

rs No 62, 2014

 

rep No 20, 2021

s 28......................................

am No 62, 2014

 

rep No 20, 2021

s 29......................................

am No 62, 2014

 

rep No 20, 2021

Part 4

 

s 30......................................

am No 159, 2001

s 34......................................

rs No 179, 1991

 

am No 146, 1999

s 36......................................

am No 179, 1991; No 152, 1997; No 156, 1999; No 62, 2014

s 37......................................

am No 62, 2014

s 38......................................

am No 46, 2011

s 39......................................

am No 20, 2021

Part 5

 

s 40......................................

am No 146, 1999

s 41......................................

am No 146, 1999

Part 6

 

s 43......................................

am No 5, 2011

s 44......................................

am No 152, 1997; No 62, 2014

s 45......................................

am No 152, 1997; No 62, 2014; No 20, 2021

s 46......................................

rep No 152, 1997

 

ad No 20, 2021

s 47......................................

am No 179, 1991; No 152, 1997; No 62, 2014

 

rs No 20, 2021

s 48......................................

am No 152, 1997

 

rs No 62, 2014; No 20, 2021

s 49......................................

rs No 179, 1991

 

am No 118, 1992 (as am by No 17, 1993); No 101, 2006

Part 7

 

s 50......................................

am No 152, 1997; No 62, 2014

s 53A...................................

ad No 20, 2021

s 53B...................................

ad No 20, 2021

s 54......................................

am No 110, 2005; No 61, 2016