These Regulations are the National Museum of Australia Regulations 2000.

These Regulations commence on gazettal.

3 Definitions

In these Regulations:

Act means the National Museum of Australia Act 1980.

ACT premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.

authorised liquor supplier means a person who is authorised under regulation 8 to supply liquor.

authorised officer means a person who is appointed under regulation 10 to be an authorised officer.

Museum building has the meaning given by regulation 6.

Museum land has the meaning given by regulation 5.

Museum material means:

(a) material that forms part of the national historical collection; and

(b) other historical material that is owned by the Museum or under its control; and

(i) relates to Australia or to a foreign country; and

(ii) is owned by the Museum or under its control; and

(iii) is kept by the Museum for exhibition; and

(d) any structure, equipment or material that is kept by the Museum for purposes relating to:

(i) the exhibition or display of material referred to in paragraph (a), (b) or (c); or

(ii) research, educational or publicity activities in relation to that material.

staff member means:

(a) a person who is mentioned in section 30 of the Act; or

(b) a person whose services are made available to the Museum under section 31 of the Act.

supply, in relation to liquor, includes sale.

4 National Museum of Australia Regulations — repeal

Statutory Rules 1986 No. 217 is repealed.

Part 2 Land and buildings

5 Museum land

(1) Land that is made available by the Minister to the Museum for the purposes of the Museum pursuant to subsection 8 (1) of the Act is Museum land.

(2) Land that is under the control of the Museum (other than land that is mentioned in subregulation (1)) is Museum land only if the land displays a notice or notices that:

(a) have been placed by the authority of the Director; and

(b) indicate clearly to the public that the land is Museum land, or is under the control of the Museum.

6 Museum buildings

(1) A building is a Museum building if it is:

(a) erected on Museum land; and

(b) used, or intended to be used, for the display of Museum material.

(2) A building or a part of a building (other than a building that is mentioned in subregulation (1)) is a Museum building if it is:

(a) owned by the Museum for the purpose of displaying or storing Museum material; or

(b) under the control of the Museum for that purpose.

Part 3 Charges

7 Charges

(1) The Director may, in writing, determine charges for entry to:

(a) Museum land; or

(b) a Museum building; or

(2) For subregulation (1), the Director may determine:

(a) different charges for different types of persons (including groups of persons); or

(b) a single charge for entry to:

(i) Museum land or a Museum building; and

(ii) an exhibition, program or other event.

(3) The Director may reduce or waive an entry charge that is payable by any person or group for the purpose of:

(a) encouraging people to visit the Museum; or

(b) promoting access to the Museum for educational or disadvantaged groups.

Part 4 Authority to supply liquor

8 Authority

(1) The Director may, in writing, authorise the supply of liquor on ACT premises.

(2) The authority must identify:

(a) the persons (whether identified by name or by description of a class of person) by whom liquor may be supplied; and

(b) the parts of the premises where liquor may be supplied; and

(d) any other conditions on which the authority is given.

Part 5 Cameras and equipment

9 Notice about cameras and equipment

(1) The Director may display a notice:

(a) prohibiting the possession or use of any camera or associated equipment in a place, or for a purpose, specified in the notice; or

(b) imposing conditions or restrictions in relation to the possession or use of cameras and associated equipment.

(2) A notice may be displayed:

(a) on Museum land; or

(b) at the entrance to a Museum building; or

(d) adjacent to any Museum material.

(3) A notice must:

(a) include a statement that it has been issued by the authority of the Director; and

(b) be clearly displayed in a way that gives adequate notice to the public of the prohibition, condition or restriction to which the notice relates.

Part 6 Authorised officers

10 Appointment of authorised officer

(1) The Director may, in writing, appoint a person to be an authorised officer for the following purposes:

(a) regulating, restricting or prohibiting the entry of persons onto any Museum land or Museum building, or any part of any Museum land or Museum building;

(b) regulating the conduct of persons on any such land or building, or any part of any such land or building;

(c) a purpose for and in relation to the removal of persons from any such land or building, or any part of any such land or building.

(2) The Director must arrange for the issue to an authorised officer of a certificate that:

(a) is in a form approved by the Director; and

(b) contains a photograph of the officer.

(3) If an authorised officer exercises powers under these Regulations in relation to a person, the officer must, at the request of the person, produce the officer’s certificate for inspection by the person.

(4) A person who ceases to be an authorised officer must return the person’s certificate to the Director as soon as practicable.

11 Powers of authorised officer — direction to leave

(1) If an authorised officer has reasonable grounds for believing that:

(a) public safety or the safety of staff members is, or may be, endangered by the continued presence of a person, or a group of persons, on Museum land; or

(b) the safety of members of the public or staff members on Museum land is endangered for any other reason; or

(c) the conduct of a person, or a group of persons, on Museum land is likely to cause offence to members of the public or staff members; or

(d) a person on Museum land intends to commit, is committing, or has committed, an offence against these Regulations;

the officer may direct the person or group to leave the Museum land.

(2) If an authorised officer has reasonable grounds for believing that:

(a) public safety or the safety of staff members is, or may be, endangered by the continued presence of a person, or a group of persons, in a Museum building; or

(b) the safety of members of the public or staff members in a Museum building is endangered for any other reason; or

(c) the conduct of a person, or a group of persons, in a Museum building is likely to cause offence to members of the public or staff members; or

(d) a person in a Museum building intends to commit, is committing, or has committed, an offence against these Regulations;

the officer may direct the person or group to leave the Museum building, or to leave the Museum building and the relevant Museum land.

12 Powers of authorised officer — apprehension

(1) This regulation applies if an authorised officer has reasonable grounds for believing that a person:

(a) intends to interfere with, is interfering with, or has interfered with, Museum material; or

(b) intends to damage, is damaging, or has damaged, Museum material, Museum land or a Museum building; or

(2) The authorised officer may apprehend the person, using such force as is reasonably necessary.

(3) A person who has been apprehended in accordance with subregulation (2) may be:

(a) removed from the Museum land, a Museum building, or both; or

(b) held in the custody of an authorised officer until the person can be taken into the custody of a member of the Australian Federal Police.

13 Powers of authorised officer — motor vehicle

An authorised officer may direct a person who is apparently in charge of a motor vehicle that is on Museum land:

(a) not to park the vehicle on Museum land except in a specified place; or

(b) not to park the vehicle in a specified place; or

Part 7 Offences

14 Museum land, buildings and material

(1) A person must not intentionally interfere with, or engage in conduct that causes damage to, Museum material.

Penalty: 2 penalty units.

(2) However, subregulation (1) does not apply to a person who touches, handles or operates Museum material in accordance with:

(a) a notice, or instructions for use, displayed adjacent to the material or otherwise in a Museum building; or

(b) the permission of the Director or a staff member.

(3) A person must not intentionally place any article on:

(a) a wall, fence, sign or other thing on, or forming part of, Museum land; or

(b) a Museum building.

Penalty: 2 penalty units.

(4) A person must not intentionally write on, or engage in conduct that causes to be defaced in any way:

(a) a wall, fence, sign or other thing on, or forming part of, Museum land; or

(b) a Museum building.

Penalty: 2 penalty units.

(5) In this regulation:

engage in conduct means:

(a) to do an act; or

(b) to omit to perform an act.

15 Liquid and food

(1) A person must not intentionally:

(a) bring any liquid or food into a Museum building; or

(b) consume any liquid or food in a Museum building, except in an area set aside by the Director for that purpose.

Penalty: 2 penalty units.

(2) However, subregulation (1) does not apply to the following persons:

(a) a person who brings medication into a Museum building;

(b) a person who consumes medication in a Museum building;

(c) an authorised liquor supplier that is acting within the terms of the authority given to the supplier under regulation 8;

(d) an employee of an authorised liquor supplier who is acting within the terms of the authority given to the supplier under regulation 8;

(e) a person who delivers liquor to an authorised liquor supplier under contract;

(f) a catering service provider that provides catering services in the Museum under contract, or an employee of the provider;

(g) a person who delivers food to a catering service provider.

16 Supply of liquor

(1) A person (the first person) must not intentionally supply liquor to another person on ACT premises unless the first person is:

(a) an authorised liquor supplier; or

(b) a person to whom the liquor was supplied by an authorised liquor supplier.

Penalty: 5 penalty units.

(2) An authorised liquor supplier must not intentionally supply liquor on ACT premises except in accordance with the terms of the authority.

Penalty: 5 penalty units.

(3) An authorised liquor supplier must not intentionally supply adulterated liquor on ACT premises.

Penalty: 5 penalty units.

(4) An authorised liquor supplier must not intentionally supply liquor on ACT premises to a person whom it is reasonable to believe is intoxicated.

Penalty: 5 penalty units.

(5) A person must not intentionally supply liquor on ACT premises to a person whom it is reasonable to believe is under 18.

Penalty: 5 penalty units.

(6) An authorised liquor supplier, or an employee of the supplier, may refuse to supply liquor on ACT premises to a person unless the person satisfies the supplier or employee of the person’s age.

17 Purchase of liquor

(1) A person who is under 18 must not intentionally buy or consume liquor on ACT premises.

Penalty: 5 penalty units.

(2) A person must not intentionally send a person who is under 18 to buy or collect liquor on ACT premises.

Penalty: 5 penalty units.

18 Directions

(1) If an authorised officer gives a direction under regulation 13, the person to whom the direction is given must comply with the direction.

Penalty: 1 penalty unit.

(2) The offence in subregulation (1) is a strict liability offence.

(3) If an authorised officer gives a direction under any other provision of these Regulations, the person to whom the direction is given must comply with the direction.

Penalty: 2 penalty units.

(4) The offence in subregulation (3) is a strict liability offence.

(5) However, subregulations (1) and (3) do not apply if the person has a reasonable excuse for failing to comply with the direction.

19 Signs

(1) A person must comply with a notice that is displayed on Museum land or in a Museum building.

Penalty: 2 penalty units.

(2) However, subregulation (1) does not apply if the person has the consent of either of the following persons to fail to comply with the notice:

(a) the Director; or

(b) a person authorised in writing by the Director for this subregulation.

20 Aerosol containers and other objects

(1) If a person who enters a Museum building is carrying an umbrella, an aerosol container or any other article that is capable of being used to cause damage to Museum material, the person must deposit the prescribed article at a place in the Museum building that is made available by the Director for that purpose.

Penalty: 2 penalty units.

(2) If a person who enters a Museum building is carrying a bag, case, parcel or other container that is not capable of being wholly enclosed within a cube each side of which is 300 millimetres in length, the person must deposit the prescribed article at a place in the Museum building that is made available by the Director for that purpose.

Penalty: 2 penalty units.

21 Smoking

A person must not smoke in an area of a Museum building, except in an area in which smoking is permitted.

Penalty: 2 penalty units.

22 Animals

(1) A person must not intentionally allow an animal that belongs to the person, or is in the person’s charge, to enter or remain in a Museum building.

Penalty: 2 penalty units.

(2) However, subregulation (1) does not apply to a blind person who takes his or her guide-dog into a Museum building.

23 Unauthorised material

A person must not intentionally expose, or arrange to be exposed for show, sale or hire anything for use or consumption by a member of the public unless the person has the written consent of the Director.

Penalty: 2 penalty units.

24 Publishing, copying, selling, etc of Museum material

(1) A person must not intentionally:

(a) make; or

(b) use; or

(d) publish; or

(e) sell; or

(f) offer for sale;

any replica, photograph, representation or copy of any historical material knowing that it is part of the national historical collection.

Penalty: 2 penalty units.

(2) The Director, or a person authorised by the Director for the purposes of this subregulation, may consent to an act that is referred to in subregulation (1).

(3) Subregulation (1) does not apply to a person engaging in an act referred to in subregulation (1) if the person has obtained consent from the Director to engage in the act.

25 Multiple offences

If, in relation to the same act or omission, a person has committed an offence in respect of more than one of the offences in this Part, the person:

(a) is liable to be prosecuted and punished in respect of one of those offences; but

(b) is not liable to be punished in respect of more than one of the offences.

Part 8 Miscellaneous

26 Limit on contracts

(1) For paragraph 37 (1) (a) of the Act, $1 000 000 is prescribed.

(2) For paragraph 37 (1) (b) of the Act, $1 000 000 is prescribed.

27 Delegations by Director

The Director may delegate to a staff member any of the Director’s powers under these Regulations.

Note

1. Notified in the Commonwealth of Australia Gazette on 8 December 2000.