Version No. 046
National Gallery of Victoria Act 1966
No. 7482 of 1966
Version incorporating amendments as at
1 March 2015
TABLE OF PROVISIONS
Section
1
2
4
4A
4B
Short title
Commencement
Definitions
Establishment of National Gallery
Filming Approval Act 2014
Part I—Constitution of the Council of Trustees of the National
Gallery of Victoria
5
5A
5B
6
7
7A
8
9
9A
9B
10
10A
11
11A
11B
12
12A
Constitution of Council
Council represents the Crown
Council subject to control of the Minister
Composition of the Council
Vacancies
Council may act despite vacancy etc.
President
Quorum
Resolutions without meetings
Conflicts of interest
Remuneration and allowances
Membership of Council not office of profit
Council first constituted
Committees
Delegation
Director
Staff
Page
1
1
1
3
4
5
5
5
5
5
7
8
8
9
9
10
11
11
12
12
13
13
14
Part II—General
15
Division 1—Functions of the Council
15
13
Functions of the Council
15
Division 2—General provisions applicable to the Council
13A
14
15
Powers of the Council
Power to Council to sell, purchase etc. property
Protection of trustees and members
i
16
16
17
19
Section
16
Page
Disposal of unclaimed property
Division 2A—Management of land
17
17A
17B
21
Application
Power to enter into leases
Power to grant licences over National Gallery land
Division 3—Financial and supplementary provisions
18
18AA
18A
19
20
21
Account to be kept
Borrowing and investment powers
Council may make by-laws
Regulations
Transitional provisions
Transitional
Division 4—Further transitional provisions
22
23
24
25
20
Determination of staff to be transferred
Director
Transfer of staff
Saving for reconstituted Council
═══════════════
Endnotes
21
21
22
22
22
23
23
23
24
25
26
26
26
26
27
29
1
General information
29
2
Table of Amendments
30
3
Amendments Not in Operation
33
4
Explanatory details
34
ii
Version No. 046
National Gallery of Victoria Act 1966
No. 7482 of 1966
Version incorporating amendments as at
1 March 2015
An Act to constitute a Council of Trustees of the National
Gallery of Victoria and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1 Short title
This Act may be cited as the National Gallery of
Victoria Act 1966.
2 Commencement
The several provisions of this Act shall come into
operation on a day or the respective days to be
fixed by proclamation or successive proclamations
of the Governor in Council published in the
Government Gazette.
*
*
*
*
*
4 Definitions
(1) In this Act unless inconsistent with the context or
subject-matter—
Council means the Council of Trustees of the
National Gallery of Victoria constituted
under this Act;
1
S. 3
repealed by
No. 29/1994
s. 13.
S. 4
amended by
No. 85/2006
s. 173(Sch. 1
item 7.2) (ILA
s. 39B(1)).
National Gallery of Victoria Act 1966
No. 7482 of 1966
S. 4(1) def. of
country art
gallery
amended by
No. 45/1987
s. 205(Sch.
item 99),
repealed by
No. 61/1996
s. 69(a).
*
*
*
*
*
S. 4(1) def. of
development
collection
inserted by
No. 8846
s. 2(a).
development collection means the development
collection established by the Council within
the State collection in the National Gallery;
S. 4(1) def. of
Director
inserted by
No. 61/1996
s. 69(b).
Director means the Director of the National
Gallery of Victoria appointed under
section 12;
S. 4(1) def. of
film friendly
principles
inserted by
No. 51/2014
s. 9(Sch. 2
item 12.1).
film friendly principles has the same meaning as
in the Filming Approval Act 2014;
S. 4(1) def. of
film permit
inserted by
No. 51/2014
s. 9(Sch. 2
item 12.1).
film permit has the same meaning as in the
Filming Approval Act 2014;
S. 4(1) def. of
National
Gallery
substituted by
No. 8846
s. 2(b).
National Gallery means the National Gallery of
Victoria established under this Act;
S. 4(1) def. of
National
Gallery land
inserted by
No. 34/2000
s. 20.
National Gallery land means the land shown as
Parcel B on the plan numbered
LEGL./00–04 lodged in the Central Plan
Office in the Department of Natural
Resources and Environment;
2
National Gallery of Victoria Act 1966
No. 7482 of 1966
President means President of the Council;
regional art gallery means an art gallery situate
and conducted outside—
(a) the metropolitan area for the time being
within the meaning of section 201 of
the Melbourne and Metropolitan
Board of Works Act 1958 (as in force
immediately before its repeal); or
S. 4(1) def. of
regional art
gallery
inserted by
No. 61/1996
s. 69(c),
substituted by
No. 85/2006
s. 173(Sch. 1
item 7.1).
(b) any area declared by the Governor in
Council under subsection (2) to be the
metropolitan area.
(2) The Governor in Council may, by Order published
in the Government Gazette, declare an area to be
the metropolitan area for the purposes of this
section.
S. 4(2)
inserted by
No. 85/2006
s. 173(Sch. 1
item 7.2).
(3) An Order made under subsection (2) may apply,
adopt or incorporate any matter contained in any
document formulated, issued, prescribed or
published by any person, whether—
S. 4(3)
inserted by
No. 85/2006
s. 173(Sch. 1
item 7.2).
(a) wholly or partially or as amended by order or
other instrument; or
(b) as formulated, issued, prescribed or
published at the time the order is made or at
any time before then.
(4) Subsection (3) does not apply to the incorporation
of a map or plan of an area of land unless the map
or plan is lodged in the Central Plan Office of the
Department of Sustainability and Environment.
4A Establishment of National Gallery
(1) The National Gallery of Victoria shall be
established.
3
S. 4(4)
inserted by
No. 85/2006
s. 173(Sch. 1
item 7.2).
S. 4A
inserted by
No. 8846 s. 3.
S. 4A(1)
amended by
No. 34/2000
s. 21.
National Gallery of Victoria Act 1966
No. 7482 of 1966
S. 4A(2)
substituted by
No. 34/2000
s. 21.
(2) The National Gallery shall be conducted—
(a) on the National Gallery land; and
(b) at any other places that the Minister may
approve from time to time by notice
published in the Government Gazette.
S. 4A(3)
inserted by
No. 34/2000
s. 21.
(3) The Minister may revoke, amend or vary a notice
made under subsection (2)(b) by notice published
in the Government Gazette.
S. 4A(4)
inserted by
No. 34/2000
s. 21.
(4) Any proclamation made under this section and in
force immediately before the commencement of
section 21 of the Arts Legislation (Amendment)
Act 2000 is deemed to be a notice made by the
Minister under subsection (2)(b).
S. 4B
inserted by
No. 51/2014
s. 9(Sch. 2
item 12.2).
4B Filming Approval Act 2014
This Act is filming approval legislation within the
meaning of the Filming Approval Act 2014.
__________________
4
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
PART I—CONSTITUTION OF THE COUNCIL OF TRUSTEES
OF THE NATIONAL GALLERY OF VICTORIA
5 Constitution of Council
(1) For the purposes of this Act there shall be a
Council to be called the "Council of Trustees of
the National Gallery of Victoria".
(2) By that name the Council shall be a body
corporate with perpetual succession and a
common seal and shall be capable in law of suing
and of being sued and of taking purchasing
leasing holding selling and disposing of real and
personal property for the purposes of this Act and
of doing and suffering all such acts and things as
bodies corporate may by law do and suffer and as
are necessary or expedient for the purpose of
carrying out its functions under this Act.
5A Council represents the Crown
In performing its functions and exercising its
powers under this Act the Council represents the
Crown.
5B Council subject to control of the Minister
In performing its functions and exercising its
powers under this Act, the Council is subject to
the direction and control of the Minister.
S. 5A
inserted by
No. 29/1994
s. 4.
S. 5B
inserted by
No. 29/1994
s. 4,
amended by
No. 61/1996
s. 70.
6 Composition of the Council
(1) The Council shall consist of 11 members
appointed by the Governor in Council of whom—
(a) one shall be a person holding a senior
academic office in the visual arts in a
University in Victoria;
5
S. 6(1)
amended by
No. 59/1998
s. 5(1)(a).
S. 6(1)(a)
amended by
No. 61/1996
s. 71(1)(a).
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
S. 6(1)(b)
amended by
No. 61/1996
s. 71(1)(b).
(b) one shall be a person having relevant
experience in relation to regional art galleries
within Victoria;
(c) one shall be a person who in the opinion of
the Minister is distinguished in the field of
business administration;
(d) one shall be a person who in the opinion of
the Minister is distinguished in the field of
finance;
S. 6(1)(e)
amended by
No. 59/1998
s. 5(1)(b).
S. 6(2)
substituted by
No. 9600
s. 2(1),
amended by
No. 29/1994
s. 5(1).
S. 6(2A)
inserted by
No. 29/1994
s. 5(2).
(e) 7 others shall be nominated by the Minister.
(2) Subject to this Act, a member of the Council shall
hold office for such term (not exceeding three
years) as is specified in the instrument by which
he is appointed and shall, subject to subsections
(2A) and (3), be eligible for re-appointment1.
(2A) A person who has been a member of the Council
for 9 consecutive years ceases to hold office and is
not eligible for re-appointment unless2—
(a) the person is, or immediately before the
expiry of the ninth consecutive year the
person was, the President; or
(b) a period of 3 years or more has elapsed since
the person last was a member of the Council.
6
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
Council in respect of the office of member.
*
*
*
*
*
7 Vacancies
(1) The office of any member of the Council shall
become vacant—
(a) at the expiration of his term of office;
(b) if he dies;
(c) if he is incapable of continuing as a member;
(d) if he resigns by writing under his hand
addressed to the Governor in Council;
(e) if without leave granted by the President he
fails to attend four successive meetings of
the Council;
(f) if he is removed from office by the Governor
in Council.
7
S. 6(3)
repealed by
No. 42/1995
s. 224(Sch. 2
item 28),
new s. 6(3)
inserted by
No. 61/1996
s. 71(2),
substituted by
Nos 59/1998
s. 5(2),
108/2004
s. 117(1)
(Sch. 3
item 140),
80/2006
s. 26(Sch.
item 75).
S. 6(4)
repealed by
No. 42/1995
s. 224(Sch. 2
item 28).
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
(2) Where any leave granted to a member by the
President exceeds three consecutive meetings the
Council shall notify the Minister of the granting of
the leave.
S. 7(3)(4)
repealed by
No. 29/1994
s. 6.
S. 7A
inserted by
No. 61/1996
s. 72.
*
*
*
*
*
7A Council may act despite vacancy etc.
An act or decision of the Council is not invalid
only because of—
(a) a defect or irregularity in or in connection
with the appointment of a member; or
(b) a vacancy in the office of member.
8 President
(1) When appointing the members of the Council the
Governor in Council shall appoint one of the
members to be the President of the Council and
may fill any vacancy in the office of President.
(2) The President shall hold office as such for the
term of his appointment as a member and shall be
eligible for re-appointment as President.
(3) If the member of the Council holding the office of
President ceases to be a member of the Council he
shall cease also to be President of the Council.
S. 8(4)
repealed by
No. 61/1996
s. 73(1).
S. 8(5)
substituted by
No. 61/1996
s. 73(2).
*
*
*
*
*
(5) The President or, in his or her absence, a member
elected by the members present to be chairman of
the meeting, must preside at a meeting of the
Council.
8
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
(6) In the case of an equality of votes at any meeting
of the Council the chairman of the meeting shall
have a second or casting vote.
(7) Subject to this Act and the regulations the Council
may regulate its own procedure.
(8) The Council must meet on at least 6 occasions in
each year at the times and places that are
determined by the President or the Council.
S. 8(8)
inserted by
No. 61/1996
s. 73(3).
9 Quorum
A quorum of the Council shall consist of a
majority in number of the members of the Council
for the time being and at any meeting of the
Council at which a quorum is present the
members present shall have full power to act.
9A Resolutions without meetings
(1) If—
(a) the Council has taken reasonable steps to
give notice to each member setting out the
terms of a proposed resolution; and
(b) a majority of the members for the time being
sign a document containing a statement that
they are in favour of the resolution in the
terms set out in the document—
a resolution in those terms is deemed to have been
passed at a meeting of the Council held on the day
on which the document is signed or, if the
members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
those members signs the document.
(2) For the purposes of subsection (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
9
S. 9A
inserted by
No. 61/1996
s. 74.
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
(3) If a resolution is, under subsection (1), deemed to
have been passed at a meeting of the Council,
each member must as soon as practicable be
advised of the matter and given a copy of the
resolution.
(4) The majority of members referred to in subsection
(1)(b) must not include a member who, because of
section 9B, is not entitled to vote on the
resolution.
S. 9B
inserted by
No. 61/1996
s. 74.
9B Conflicts of interest
(1) If—
(a) a member has a direct or indirect pecuniary
interest in a matter being considered or about
to be considered by the Council; and
(b) the interest could conflict with the proper
performance of the member's duties in
relation to the consideration of the matter—
the member, as soon as practicable after becoming
aware of the relevant facts, must declare the
nature of the interest to the Council or, in the case
of a proposed resolution notice of which is given
under section 9A(1)(a), to the President.
(2) The Council or the President must cause the
declaration to be tabled at the next meeting of the
Council and the person presiding at that meeting
must cause the declaration to be recorded in the
minutes of the meeting.
(3) A member who has a conflict of interest in a
matter—
(a) must not be present during any deliberations
on the matter, unless the Council directs
otherwise; and
(b) is not entitled to vote on the matter.
10
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
(4) If a member votes on a matter in contravention of
subsection (3)(b), the vote must be disallowed.
(5) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take part in
making a direction, under subsection (3)(a).
(6) For the purposes of this section, a member is not
to be regarded as having a conflict of interest—
(a) in a matter relating to the supply of goods or
services to the member if the goods or
services are, or are to be, available to
members of the public on the same terms and
conditions; or
(b) in a contract or arrangement only because
that contract or arrangement may benefit a
company or other body in which the member
has a beneficial interest that does not exceed
1% of the total nominal value of beneficial
interests in that company or body.
10 Remuneration and allowances
A member of the Council is entitled to be paid any
remuneration or travelling or other allowances
fixed for that member from time to time by the
Governor in Council.
10A Membership of Council not office of profit
A member of the Council shall not be taken by
reason of being a member to hold an office or
place of profit under the Crown which would—
(a) prevent the member sitting or voting as a
member of the Legislative Council or
Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or Legislative Assembly;
or
11
S. 10
amended by
No. 29/1994
s. 7,
substituted by
No. 61/1996
s. 75.
S. 10A
inserted by
No. 29/1994
s. 8.
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
(c) prevent the member continuing to be a
member of the Legislative Council or
Legislative Assembly; or
(d) subject the member to liability to a penalty
under the Constitution Act 1975.
11 Council first constituted
(1) The first meeting of the Council shall be held at
such time and place as is fixed by the President.
(2) The Council shall be deemed to have been duly
constituted on the day on which it holds its first
meeting.
S. 11(3)
repealed by
No. 61/1996
s. 76.
S. 11A
inserted by
No. 61/1996
s. 77.
*
*
*
*
*
11A Committees
(1) The Council may—
(a) establish any committees it considers
necessary and define the constitution and
functions of each committee so established;
(b) determine the procedure of each committee;
(c) change the constitution or functions of a
committee;
(d) dissolve a committee.
(2) A person may be a member of a committee
established by the Council even though he or she
is not a member of the Council.
(3) A member of a committee established by the
Council is entitled to receive any fees or travelling
or other expenses determined by the Council.
12
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
11B Delegation
(1) The Council may, by instrument under its
common seal, delegate any of its functions or
powers (except this power of delegation or the
power to make by-laws) to—
S. 11B
inserted by
No. 61/1996
s. 77.
(a) the members constituting a committee of the
Council, if the committee includes 2 or more
members of the Council; or
(b) the Director; or
(c) any of its members; or
(d) any member of its staff.
(2) A delegation under subsection (1) may be made to
a specified person or class of persons referred to
in that subsection.
12 Director
(1) There shall be a Director of the National Gallery
of Victoria.
(2) The Director shall—
(a) be the chief executive officer of the Council;
and
(b) have the control and management of the day
to day affairs of the Council in accordance
with directions given by the Council.
(3) The Director shall be appointed by the Council,
with the approval of the Minister, for the term, not
exceeding 5 years, that is specified in the
instrument of appointment but is eligible for
re-appointment.
(4) The Director holds office, subject to this Act, on
the terms and conditions that are specified in the
instrument of appointment.
(5) The Council must not remove the Director from
office except with the approval of the Minister.
13
S. 12
amended by
No. 10087
s. 3(1)(Sch. 1
item 177),
substituted by
No. 61/1996
s. 78.
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part I—Constitution of the Council of Trustees of the National Gallery of
Victoria
S. 12A
inserted by
No. 61/1996
s. 78.
12A Staff
The Council may employ any persons necessary
for the purposes of this Act.
__________________
14
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
PART II—GENERAL
Division 1—Functions of the Council
13 Functions of the Council
(1) The functions of the Council shall be—
S. 13
amended by
No. 61/1996
s. 79(1)(a).
(a) to control, manage, operate, promote,
develop and maintain the National Gallery
and the National Gallery land;
S. 13(1)(a)
substituted by
No. 34/2000
s. 22(a).
(b) to maintain, conserve, develop and promote
the State collection of works of art;
S. 13(1)(b)
amended by
No. 61/1996
s. 79(1)(b).
(c) to make material within the State collection
available to persons, departments and
institutions in such manner and subject to
such conditions as the Council determines
with a view to the most advantageous use of
the State collection;
(ca) to conduct public programs and exhibitions
of material within the State collection;
(d) to carry out and make available such other
services, including computer and other
technologies and the printing publication and
sale of books information and reproductions,
in relation to pictures, works of art and art
exhibits as the Council thinks fit;
15
S. 13(1)(ca)
inserted by
No. 61/1996
s. 79(1)(c).
S. 13(1)(d)
amended by
No. 61/1996
s. 79(1)(d).
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
(e) to assist in the promotion organization and
supervision of art galleries and any body or
association established for the promotion of
art within Victoria;
(f) to advise the Minister and the organizations
mentioned in paragraph (e) on matters of
general policy relating to art galleries;
S. 13(1)(g)
substituted by
No. 61/1996
s. 79(1)(e).
(g) to provide leadership in the provision of art
gallery services in Victoria;
S. 13(1)(h)
amended by
No. 29/1994
s. 9(a)(b).
(h) to carry out such other functions as the
Minister from time to time approves;
S. 13(1)(i)
repealed by
No. 8846 s. 4,
new s. 13(1)(i)
inserted by
No. 34/2000
s. 22(b).
S. 13(2)
inserted by
No. 61/1996
s. 79(2).
(i) to carry out any other function conferred on
the Council under this Act.
(2) In carrying out its functions, the Council must
endeavour to contribute to the enrichment of the
cultural, educational, social and economic life of
the people of Victoria.
Division 2—General provisions applicable to the Council
S. 13A
inserted by
No. 34/2000
s. 23.
13A Powers of the Council
(1) The Council may do all things necessary or
convenient to be done for or in connection with
the carrying out of its functions.
16
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
(2) Without limiting subsection (1), the Council—
(a) for the purpose of carrying out its functions,
may enter into contracts, agreements or
arrangements with—
(i) the Victorian Arts Centre Trust
constituted by the Victorian Arts
Centre Act 1979; or
(ii) any other person or body, whether
corporate or unincorporate;
(b) may, subject to this Act, grant a lease or
licence over any part of the National Gallery
land.
14 Power to Council to sell, purchase etc. property
(1) Subject to subsection (2) and with the approval of
the Governor in Council the Council may
exchange sell lease or dispose of any property
vested in it by or under this Act.
(1A) Nothing in this section applies in respect of the
National Gallery land.
(2) The Governor in Council must not approve the
sale, exchange or disposal of a work of art in the
State collection unless satisfied that the Council
has resolved that retention of that work is
unnecessary and inappropriate to the activities of
the Council.
(2A) Subsection (2) does not apply to works of art in
the development collection.
17
S. 14(1A)
inserted by
No. 34/2000
s. 24.
S. 14(2)
substituted by
No. 29/1994
s. 10(1).
S. 14(2A)
inserted by
No. 8846 s. 5.
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
S. 14(2B)
inserted by
No. 8846 s. 5,
amended by
No. 29/1994
s. 10(2).
S. 14(2C)
inserted by
No. 8846 s. 5.
(2B) Notwithstanding the provisions of subsection (1)
the Council may subject to and in accordance with
the by-laws exchange sell lease or otherwise
dispose of works of art in the development
collection.
(2C) Notwithstanding anything to the contrary in
subsection (3) the Council shall not out of the
moneys available to it acquire works of art for the
development collection unless the moneys so
used—
(a) are paid out by the Council subject to and in
accordance with the terms of a special trust;
(b) are made available to the Council for that
purpose; or
(c) represent all or part of the proceeds of the
sale exchange leasing or disposal by the
Council of any work or works of art in the
development collection.
S. 14(2D)
inserted by
No. 8846 s. 5.
(2D) The Council shall not include in the development
collection any works of art which were at the
commencement of the National Gallery of
Victoria (Development Collection) Act 1976 in
the State collection.
(3) The Council may accept or take on loan or, out of
any moneys available to it, purchase any personal
property for the purpose of carrying into effect the
objects of this Act.
S. 14(3A)
inserted by
No. 8340
s. 2(a).
(3A) The Council may with the consent of the
Governor in Council purchase any personal
property for the purposes of carrying into effect
the objects of this Act on terms of deferred
payment and those terms may provide that the
purchase money shall be paid by instalments and
the purchase may be subject to such other terms
and conditions as the Council thinks fit.
18
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
(4) In addition to any other method of donation or gift
which the Council is entitled to accept, the
Council may accept a donation or gift of, or of
cash for the purchase of, any picture work of art or
exhibit conditional on such picture work of art or
exhibit—
(a) remaining in the custody of the donor during
his lifetime or for any other period agreed
upon between the donor and the Council; and
(b) being handed over by the donor to the
Council for the purposes of exhibition or
study whenever and for such period as the
Council may in writing so request.
(5) The Council may lend works of art vested in or
under the management or control of the Council to
such persons or for such purposes as the Council
thinks fit.
(6) With the approval of the Governor in Council the
Council may agree to indemnify and execute
indemnities under the seal of the Council in
favour of a person and his legal personal
representative against any liability which may be
incurred by that person or his legal personal
representative by the operation of a law of the
Commonwealth or of this or of any other State or
of any other country as a result of the gift loan or
sale of any personal property to the Council.
15 Protection of trustees and members
No action suit or proceedings shall be brought or
maintained against any member or former
member of the Council in respect of anything
done or omitted to be done by him as a member of
the Council in the bona fide exercise of powers
conferred or reasonably believed by the member
to have been conferred on the Council by this Act.
19
S. 14(6)
inserted by
No. 8340
s. 2(b).
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
16 Disposal of unclaimed property
(1) Subject to subsection (2) and with the approval of
the Governor in Council the Council may retain
exchange sell lease or dispose of any property
which although not vested in it by or under this
Act—
(a) has been submitted to or left with the
Council or its duly authorized officer with a
view to its acceptance by the Council by way
of gift or purchase or for valuation or for the
giving of an opinion thereon by or on behalf
of the Council or for consideration for the
purpose of any prize or competition;
(b) has remained in the possession or custody of
the Council for a period of not less than five
years; and
(c) has not, after notice given as hereinafter
provided, been claimed by or on behalf of
the person submitting or leaving such
property as aforesaid or any other person
claiming such property or any interest
therein.
S. 16(2)
amended by
No. 5/1998
s. 3(Sch
item 2).
(2) Before seeking the approval of the Governor in
Council to any retention exchange sale lease
or disposal pursuant to the provisions of
subsection (1) the Council shall give not less than
6 months' notice of its intention so to deal with the
property—
(a) by written notice sent by prepaid registered
post to the person who submitted or left the
property and addressed to him at his last
known place of abode or business or, if such
person be deceased, to his personal
representative in like manner; or
20
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
(b) by notice published in the Government
Gazette and in a daily newspaper circulating
generally throughout Victoria if the name or
the place of abode or business of the person
who submitted or left the property is not
known to the Council.
Division 2A—Management of land
17 Application
This Division has effect despite anything to the
contrary in the Land Act 1958 and the Crown
Land (Reserves) Act 1978.
17A Power to enter into leases
(1) The Council may grant a lease of the National
Gallery land or any part of that land for any
purpose not inconsistent with the reservation of
that land.
(2) A lease granted under this section may be for a
term not exceeding 30 years.
(3) A lease granted under this section—
(a) may contain provision for the term of the
lease to be extended one or more times, but
the aggregate of the initial term and any
extensions of the term must not exceed
30 years; and
21
Pt 2 Div. 2A
(Heading and
ss 17–17B)
inserted by
No. 34/2000
s. 25.
S. 17
amended by
Nos 8357
s. 16(2), 8846
s. 6,
repealed by
No. 31/1994
s. 4(Sch. 2
item 58),
new s. 17
inserted by
No. 34/2000
s. 25.
S. 17A
inserted by
No. 34/2000
s. 25.
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
(b) may contain provision for a lessee to remain
in occupation of the land under the same
terms and conditions as existed under the
lease, at the discretion of the lessor, for a
period of not more than 3 months from the
expiry of the lease; and
(c) is subject to any covenants, exceptions,
reservations and conditions that are
determined by the Council.
S. 17B
inserted by
No. 34/2000
s. 25.
17B Power to grant licences over National Gallery land
(1) The Council may grant a licence to enter and use
any part of the National Gallery land or any
building on that land for any purpose not
inconsistent with the reservation of that land.
(2) A licence granted under this section—
(a) may be for a period not exceeding 7 years;
and
(b) is subject to the terms and conditions
determined by the Council.
Division 3—Financial and supplementary provisions
18 Account to be kept
(1) All moneys received by the Council shall be paid
into an account to be kept by the Council.
(2) All moneys expended by the Council shall be paid
out of such account.
(3) The foregoing provisions of this section shall not
apply to any moneys received or paid out by the
Council subject to and in accordance with the
terms of any special trust.
22
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
18AA Borrowing and investment powers
The Council has the powers conferred on it by the
Borrowing and Investment Powers Act 1987.
18A Council may make by-laws
The Council may make by-laws not inconsistent
with the regulations for or with respect to—
S. 18AA
inserted by
No. 61/1996
s. 80.
S. 18A
inserted by
No. 29/1994
s. 11.
(a) the exclusion or removal of the public or any
person from any building or part of a
building managed and controlled by the
Council; and
(b) the preservation, inspection, copying or
lending of works of art under the control of
the Council; and
(c) the exchange, sale, leasing or other disposal
by the Council of works of art in the
development collection; and
(d) the giving of public lectures.
19 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
S. 19
amended by
No. 51/2014
s. 9(Sch. 2
item 12.3)
(ILA s. 39B(1)).
(a) the conduct of the proceedings of the
Council;
(b) the management of the affairs of the Council;
*
*
*
*
*
(h) generally, any matters or things required or
authorized to be prescribed under this Act or
necessary or expedient to be prescribed for
carrying this Act into effect.
23
S. 19(1)(c)–(g)
repealed.3
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
S. 19(2)
inserted by
No. 51/2014
s. 9(Sch. 2
item 12.3).
(2) Any regulations made under this Act for or with
respect to the issuing of film permits must not be
inconsistent with the film friendly principles.
20 Transitional provisions
On the day upon which the Council is deemed to
be duly constituted—
(a) the trustees of the National Gallery of
Victoria shall go out of office;
(b) the Council shall become and be the
successor in law of the said trustees;
S. 20(c)
repealed by
No. 9863 s. 2.
*
*
*
*
*
(d) the Council shall have all the rights powers
and duties conferred or imposed upon the
said trustees and shall be subject to all the
liabilities responsibilities and obligations
imposed upon or incurred by the said trustees
before that day;
(e) all property vested in the said trustees shall
be vested in the Council;
S. 20(f)
amended by
No. 9903
s. 33(1)
(Sch. 1
item 5(a)).
(f) every donation gift disposition and trust of
property, including money, lawfully made or
declared or deemed to have been made or
declared whether before or after the
commencement of this Act by deed will or
otherwise to or in favour of the trustees of
the National Gallery or for the uses or
purposes thereof shall take effect as if the
same had in respect of each particular item
of property comprised in such donation gift
disposition or trust been made or declared to
or in favour of or for the uses or purposes of
the Council and in particular the several wills
24
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
under which the bequests or trusts known
respectively as—
The Felton Bequest
The Hugh Ramsay Bequest
The Grace Joel Bequest
The W. H. Short Bequest
The Sarah Levi Bequest
The Howard Spensley Bequest—
were made or created shall take effect as if
they had been made or created to or in favour
of or for the uses or purposes of the Council;
(g) any reference to the trustees of the National
Gallery of Victoria in any other Act or in any
proclamation Order in Council regulation bylaw order legal or other proceeding
instrument or document shall be deemed and
taken to refer to the Council;
(h) all acts matters and things of a continuing
nature made done or commenced by or on
behalf of the trustees before that day which
are of any force or effect or capable of
acquiring any force or effect shall be deemed
or taken to be made done or commenced by
or in relation to or on behalf of the Council
and shall have effect and may be continued
and completed by or on behalf of or in
relation to the Council accordingly.
21 Transitional
Notwithstanding the repeal of the State Library
National Gallery National Museum and
Institute of Applied Science Act 1960, any
regulations made or continued in force by that Act
and which were in force immediately before the
commencement of section 33 of the Museums
25
S. 21
inserted by
No. 9903
s. 33(1)
(Sch. 1
item 5(b)).
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
Act 1983 shall, so far as they relate to matters for
or with respect to which regulations may be made
under this Act, remain subject to this Act in full
force and operation and may be amended or
revoked as if they were made under this Act.
Pt 2 Div. 4
(Heading and
s. 22)
inserted by
No. 61/1996
s. 81.
Division 4—Further transitional provisions
S. 22
inserted by
No. 61/1996
s. 81.
22 Determination of staff to be transferred
S. 23
inserted by
No. 61/1996
s. 82.
23 Director
S. 24
inserted by
No. 61/1996
s. 82.
24 Transfer of staff
The Minister must designate in writing the
officers and employees of the public service who
are employed in the administration of this Act
who are to become employees of the Council
under section 24.
The person who immediately before the
commencement of section 82 of the Arts
Institutions (Amendment) Act 1996 was the
Director of the National Gallery of Victoria is
deemed to be appointed by the Council as the
Director.
(1) On and from the commencement of section 82 of
the Arts Institutions (Amendment) Act 1996,
any officer or employee designated under
section 22—
(a) becomes an employee of the Council; and
(b) is entitled to remuneration, terms and
conditions determined by the Minister to be
no less favourable in aggregate than those
which he or she received or was entitled to
receive immediately before that
26
National Gallery of Victoria Act 1966
No. 7482 of 1966
Part II—General
commencement as such an officer or
employee; and
(c) retains any entitlement to long service leave,
annual leave, sick leave or other leave
accrued or accruing to that person
immediately before that commencement.
(2) If a person who becomes an employee of the
Council under this section was, immediately
before the transfer, an officer within the meaning
of the State Superannuation Act 1988 or a
corresponding previous enactment, he or she
continues, subject to that Act, to be an officer
within the meaning of that Act while serving with
the Council.
(3) For the purpose of long service leave entitlements
as employees of the Council of those transferred
under this section, their service with the public
service must be taken to be service with the
Council.
(4) There must be paid out of the Consolidated Fund
(which is, by this subsection, appropriated to the
necessary extent) any amount determined from
time to time by the Treasurer after consultation
with the Minister to be the component of any
entitlement to pay in lieu of long service leave
attributable to the service with the public service
of a person transferred under this section.
25 Saving for reconstituted Council
Despite the reconstitution of the Council effected
by section 5(1) of the Arts Acts (Amendment)
Act 1998, the Council is deemed to be the same
body after as before the commencement of that
provision.
__________________
27
S. 25
inserted by
No. 59/1998
s. 6.
National Gallery of Victoria Act 1966
No. 7482 of 1966
Sch.
repealed by
No. 9863 s. 2.
*
*
*
═══════════════
28
*
*
National Gallery of Victoria Act 1966
No. 7482 of 1966
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
The National Gallery of Victoria Act 1966 was assented to on 13 December
1966 and came into operation on 24 May 1967: Government Gazette 24 May
1967 page 1754.
29
National Gallery of Victoria Act 1966
No. 7482 of 1966
Endnotes
2 Table of Amendments
This publication incorporates amendments made to the National Gallery of
Victoria Act 1966 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
National Gallery of Victoria Act 1972, No. 8340/1972
Assent Date:
5.12.72
Commencement Date:
5.12.72
Current State:
All of Act in operation
Ministry for the Arts Act 1972, No. 8357/1972
Assent Date:
13.12.72
Commencement Date:
19.12.72: Government Gazette 19.12.72 p. 4039
Current State:
All of Act in operation
National Gallery of Victoria (Development Collection) Act 1976, No. 8846/1976
Assent Date:
8.6.76
Commencement Date:
8.6.76
Current State:
All of Act in operation
National Gallery of Victoria and the Victorian Arts Centre (Terms of
Appointment of Members) Act 1981, No. 9600/1981
Assent Date:
24.11.81
Commencement Date:
24.11.81
Current State:
All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date:
5.1.83
Commencement Date:
5.1.83
Current State:
All of Act in operation
Museums Act 1983, No. 9902/1983
Assent Date:
15.6.83
Commencement Date:
1.7.83: Government Gazette 22.6.83 p. 1709
Current State:
All of Act in operation
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 3(1)(Sch. 1 item 75) on 20.12.83: Government
Gazette 14.12.83 p. 4035
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Statute Law Revision Act 1984, No. 10087/1984
Assent Date:
22.5.84
Commencement Date:
S. 3(1)(Sch. 1 item 177) on 22.5.84: s. 2
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
30
National Gallery of Victoria Act 1966
No. 7482 of 1966
Endnotes
Planning and Environment Act 1987, No. 45/1987
Assent Date:
27.5.87
Commencement Date:
S. 205(Sch. item 99) on 16.2.88: Government Gazette
10.2.88 p. 218
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Arts Institutions (Amendment) Act 1994, No. 29/1994
Assent Date:
31.5.94
Commencement Date:
31.5.94
Current State:
All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 item 58) on 1.1.95: Government Gazette
28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Equal Opportunity Act 1995, No. 42/1995
Assent Date:
14.6.95
Commencement Date:
S. 224 on 5.10.95: Government Gazette 28.9.95
p. 2731; Sch. 2 item 28 on 1.1.96: Government
Gazette 21.12.95 p. 3571
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Arts Institutions (Amendment) Act 1996, No. 61/1996
Assent Date:
17.12.96
Commencement Date:
S. 81 on 17.12.96: s. 2(1); ss 68, 69(a)(c), 70–77, 79,
80 on 6.2.97: Government Gazette 6.2.97 p. 257—see
Interpretation of Legislation Act 1984; ss 69(b), 78,
82 on 1.1.98: s. 2(3)
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Arts Acts (Statute Law Revision) Act 1998, No. 5/1998
Assent Date:
21.4.98
Commencement Date:
21.4.98
Current State:
All of Act in operation
Arts Acts (Amendment) Act 1998, No. 59/1998
Assent Date:
27.10.98
Commencement Date:
Ss 5, 6 on 27.10.98: s. 2(1)
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Arts Legislation (Amendment) Act 2000, No. 34/2000
Assent Date:
6.6.00
Commencement Date:
1.7.00: s. 2
Current State:
All of Act in operation
31
National Gallery of Victoria Act 1966
No. 7482 of 1966
Endnotes
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 140) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,
No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 75) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Water (Governance) Act 2006, No. 85/2006
Assent Date:
17.10.06
Commencement Date:
S. 173(Sch. 1 item 7) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
Filming Approval Act 2014, No. 51/2014
Assent Date:
12.8.14
Commencement Date:
S. 9(Sch. 2 item 12) on 1.3.15: s. 2(2)
Current State:
This information relates only to the provision/s
amending the National Gallery of Victoria Act 1966
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
32
National Gallery of Victoria Act 1966
No. 7482 of 1966
Endnotes
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this
publication.
33
National Gallery of Victoria Act 1966
No. 7482 of 1966
Endnotes
4 Explanatory details
1
S. 6(2): Section 14 of the Arts Institutions (Amendment) Act 1994,
No. 29/1994 reads as follows:
14 Transitional provision
A member of the Council of Trustees of the
National Gallery of Victoria who—
(a) was appointed under the Principal Act before
the commencement of this section; and
(b) has held office for 9 consecutive years—
continues to be a member until the expiry of his or
her current term of office but on that expiry is not
eligible for re-appointment except in accordance
with section 6(2A) of the Principal Act.
2
S. 6(2A): See note 1.
3
S. 19(1)(c)–(g):
S. 19(1)(c)(d) repealed by No. 29/1994 s. 12.
S. 19(1)(da) inserted by No. 8846 s. 7(a), repealed by No. 29/1994 s. 12.
S. 19(1)(e) repealed by No. 29/1994 s. 12.
S. 19(1)(f) amended by No. 9945 s. 3(1)(Sch. 1 item 75), repealed by No. 29/1994
s. 12.
S. 19(1)(g) repealed by No. 8846 s. 7(b).
34