Version No. 034
Museums Act 1983
Act No. 9903/1983
Version incorporating amendments as at 5 April 2005
TABLE OF PROVISIONS
Section
Page
PART I—PRELIMINARY
1.
2.
1
Short title and commencement
Definitions
1
1
PART II—Repealed
2
3–8. Repealed
2
PART III—COUNCIL OF THE MUSEUM OF VICTORIA
3
Division 1—Interpretations
3
9.
Definitions
3
Division 2—Constitution of the Museums Board of Victoria
10.
11.
11A.
12.
12A.
13.
14.
15.
16.
Museums Board of Victoria
Members of Board
Membership of Board not office of profit
Procedure at Board meetings
Resolutions without meetings
Conflicts of interest
Protection of members
Committees
Delegation
Division 3—Officers and Employees
4
4
5
8
8
9
10
11
12
12
13
17. Chief Executive Officer
18, 19. Repealed
20. Other staff
21. Consultants
13
14
14
14
i
Section
Page
Division 4—Functions and Powers of the Board
22.
22A.
23.
24.
25.
26.
27.
Board represents the Crown
Board subject to control of Minister
Functions
Powers of the Board
Disposal of unclaimed property
State collections
Reciprocal arrangements about the Exhibition land
Division 5—Financial
28.
29.
30.
14
14
15
15
16
18
19
20
21
Account
Borrowing and investment powers
Audits
Division 6—Regulations and By-laws
21
22
22
22
31. Regulations
31A. Board may make by-laws
22
23
Division 7—Transitory Provisions
24
32.
33.
34.
35.
36.
Definitions
Existing bodies
Property held on trust
Transitional provisions
Dispositions of property
24
24
24
25
27
Division 8—Transition from Exhibition Trustees
37.
38.
39.
Dissolution of Exhibition Trustees
Council to be successor in law of Trustees
Transfer of assets and liabilities
Division 9—Exhibition land
40.
41.
42.
43.
44.
29
29
29
30
Reservation of Exhibition land
Exhibition land may be used despite reservation
Lease or licence to use reserved land for car park or other
purposes
Carlton Gardens land
Regulations under Exhibition Act 1957
Division 10—Further Transitional Provisions
45.
46.
47.
48.
49.
29
Determination of staff to be transferred
Abolition of Museums Advisory Board
Council of the Museum of Victoria
Director
Transfer of staff
__________________
ii
30
31
32
33
33
34
34
34
34
35
35
Section
Page
SCHEDULE
37
SCHEDULE 1—Exhibition land
37
SCHEDULE 2—Repealed
37
═══════════════
ENDNOTES
38
1. General Information
38
2. Table of Amendments
39
3. Explanatory Details
42
iii
Version No. 034
Museums Act 1983
Act No. 9903/1983
Version incorporating amendments as at 5 April 2005
An Act to constitute the Museums Advisory Board and the
Council of the Museum of Victoria, to abolish certain other
Bodies and for that purpose to amend and repeal Various Acts
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):
PART I—PRELIMINARY
1. Short title and commencement
(1) This Act may be cited as the Museums Act 1983.
(2) The several provisions of this Act shall come into
operation on a day or on the respective days to be
fixed by proclamation or successive proclamations
of the Governor in Council published in the
Government Gazette.
*
*
*
*
*
2. Definitions
In this Act unless inconsistent with the context or
subject-matter—
"this Act" includes the regulations;
1
S. 1(3)
repealed by
No. 7/1992
s. 11(a).
Museums Act 1983
Act No. 9903/1983
Part I—Preliminary
s. 2
"Treasurer" except where appearing in section
11, means the Treasurer of Victoria;
S. 2 def. of
"Victorian
Museums
Guidelines"
repealed by
No. 61/1996
s. 35.
*
*
*
*
*
*
*
_______________
Pt 2
(Heading and
ss 3–8)
amended by
Nos 7/1992
s. 11(b),
29/1994
ss 48(1)–(4),
49, 42/1995
s. 224
(Sch. 2 item
27.1(a)–(c)),
repealed by
No. 61/1996
s. 36.
*
*
*
__________________
2
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 9
PART III—COUNCIL OF THE MUSEUM OF VICTORIA
Division 1—Interpretations
9. Definitions
In this Part unless inconsistent with the context or
subject-matter—
"Board" means the Museums Board of Victoria
established by section 10;
S. 9 def. of
"Board"
inserted by
No. 61/1996
s. 37(1)(a).
"Chief Executive Officer" means the Chief
Executive Officer of the Museums Board of
Victoria appointed under section 17;
S. 9 def. of
"Chief
Executive
Officer"
inserted by
No. 61/1996
s. 37(2).
*
*
*
*
*
S. 9 def. of
"Council"
repealed by
No. 61/1996
s. 37(1)(a).
*
*
*
*
*
S. 9 def. of
"Director"
repealed by
No. 61/1996
s. 37(2).
"Exhibition land" means the land shown hatched
on the plan in the Schedule together with all
the buildings, structures, fences, gardens and
improvements on the land;
*
*
*
3
*
*
S. 9 def. of
"Exhibition
land"
inserted by
No. 100/1995
s. 40.
S. 9 def. of
"museum
land"
repealed by
No. 7/1992
s. 3(a).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 10
S. 9 def. of
"Museum of
Victoria"
amended by
No. 61/1996
s. 37(1)(b).
Pt 3 Div. 2
(Heading)
amended by
No. 61/1996
s. 38.
"Museum of Victoria" means the premises from
time to time used by the Board for its
activities under this Act.
Division 2—Constitution of the Museums Board of Victoria
10. Museums Board of Victoria
S. 10(1)
amended by
No. 61/1996
s. 39(a).
(1) There is hereby established a board to be known
as the Museums Board of Victoria.
S. 10(2)
amended by
No. 61/1996
s. 39(b).
(2) The Board shall be a body corporate and shall
have perpetual succession and a common seal and
shall be capable in law of suing and being sued, of
acquiring, holding and disposing of real and
personal property and of doing and suffering all
acts, matters and things which bodies corporate
may by law do and suffer.
S. 10(3)
amended by
No. 61/1996
s. 39(b).
(3) The Board shall provide for the safe custody of its
common seal.
S. 10(4)
amended by
No. 61/1996
s. 39(b).
(4) An instrument to which the common seal of the
Board is affixed shall not be taken to have been
executed by the Board unless it is also signed by a
person authorized by the Board.
S. 10(5)
amended by
No. 61/1996
s. 39(b).
(5) All courts, judges and persons acting judicially
shall take judicial notice of the common seal of
the Board affixed to any document and until the
contrary is proved shall presume that it was duly
affixed.
4
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 11
11. Members of Board
(1) The Board shall consist of not more than eleven
members and not fewer than seven members
appointed by the Governor in Council of whom
not fewer than half shall be chosen from
persons—
S. 11(1)
amended by
No. 61/1996
s. 40(1)(a).
(a) holding senior academic office at a
university in Victoria in a discipline
appropriate to the functions of the Board;
S. 11(1)(a)
amended by
No. 61/1996
s. 40(1)(b).
(b) who, in the opinion of the Minister, are
experienced in business administration and
finance; or
S. 11(1)(b)
amended by
No. 61/1996
s. 40(1)(c).
(c) who, in the opinion of the Minister, are
distinguished in education, science, the
history of human society or another field
appropriate to the functions of the Board.
S. 11(1)(c)
amended by
No. 61/1996
s. 40(1)(d)(i)(ii).
(2) The Governor in Council, after consultation
between the Minister and the Board, must appoint
a member of the Board to be President.
S. 11(2)
substituted by
No. 61/1996
s. 40(2).
(3) A person appointed under sub-section (2)—
(a) shall be appointed for a term of not more
than three years;
S. 11(3)(a)
amended by
No. 61/1996
s. 40(3)(a).
(b) shall be eligible for re-appointment;
(c) shall cease to hold his position if he ceases to
be a member of the Board.
(4) Each member of the Board shall be appointed for
the term, not exceeding three years, that is fixed
by the Governor in Council in the instrument of
his appointment but subject to sub-sections (5)
and (6) shall be eligible for re-appointment.
5
S. 11(3)(c)
amended by
No. 61/1996
s. 40(3)(b).
S. 11(4)
amended by
No. 61/1996
s. 40(4).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 11
S. 11(5)
repealed by
No. 42/1995
s. 224(Sch. 2
item 27.2(a)).
S. 11(6)
substituted by
No. 7/1992
s. 7,
amended by
No. 61/1996
s. 40(5).
*
*
*
*
*
(6) A person who has been a member of the Board for
9 consecutive years ceases to hold office and is
not eligible for re-appointment unless—
(a) the person is, or immediately before the
expiry of the ninth consecutive year the
person was, the President; or
S. 11(6)(b)
amended by
No. 61/1996
s. 40(5).
(b) a period of 3 years or more has elapsed since
the person last was a member of the Board.
S. 11(7)
amended by
No. 61/1996
s. 40(6).
(7) The Governor in Council may in the instrument of
appointment of a member of the Board specify the
terms and conditions of appointment.
S. 11(8)
amended by
No. 61/1996
s. 40(7).
(8) The Governor in Council may at any time remove
a member of the Board from office.
S. 11(9)
amended by
No. 61/1996
s. 40(8).
(9) The office of a member of the Board shall become
vacant—
(a) at the expiration of his term of office;
(b) if he dies;
(c) if he resigns his office by writing addressed
to the Minister;
(d) if he is removed from office pursuant to subsection (8);
(e) if he becomes bankrupt or applies to take the
benefit of bankruptcy or insolvent debtors or
by deed or writing compounds with his
creditors;
6
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 11
(f) if he becomes incapable of performing his
duties;
(g) if he is wilfully absent from three
consecutive meetings of the Board without
leave granted by the President (which leave
the President is hereby empowered to grant);
*
*
*
*
*
S. 11(9)(g)
amended by
Nos 42/1995
s. 224(Sch. 2
item 27.2(b)),
61/1996
s. 40(8).
S. 11(9)(h)
repealed by
No. 42/1995
s. 224(Sch. 2
item 27.2(c)).
(10) Where any leave granted to a member by the
President exceeds three consecutive meetings the
President shall notify the Minister of the granting
of leave.
(11) The Public Administration Act 2004 (other than
Part 5 of that Act) does not apply to a member of
the Board in respect of the office of member.
S. 11(11)
substituted by
No. 61/1996
s. 40(9),
amended by
No. 46/1998
s. 7(Sch. 1),
substituted by
No. 108/2004
s. 117(1)
(Sch. 3
item 139.1).
(12) A member of the Board 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.
S. 11(12)
substituted by
No. 61/1996
s. 40(10).
*
*
*
7
*
*
S. 11(13)
inserted by
No. 29/1994
s. 50,
repealed by
No. 61/1996
s. 40(11).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 11A
S. 11A
inserted by
No. 29/1994
s. 51,
amended by
No. 61/1996
s. 41.
11A. Membership of Board not office of profit
A member of the Board shall not be taken by
reason of being a member to hold an office or
place of profit under the Crown which would—
(a) prevent the member sitting or voting as a
member of the Legislative Council or
Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or Legislative Assembly;
or
(c) prevent the member continuing to be a
member of the Legislative Council or
Legislative Assembly; or
(d) subject the member to liability to a penalty
under the Constitution Act 1975.
12. Procedure at Board meetings
S. 12(1)
amended by
No. 61/1996
s. 42(1)(3).
(1) The Board shall meet at such times and places as
are fixed by the President and shall hold at least 6
meetings in each year.
S. 12(2)
substituted by
No. 61/1996
s. 42(2).
(2) The President or, in his or her absence, a member
elected by the members present, must preside at a
meeting of the Board.
S. 12(3)
amended by
No. 61/1996
s. 42(3).
(3) A majority of the members of the Board for the
time being shall constitute a quorum.
S. 12(4)
amended by
No. 61/1996
s. 42(3).
(4) Subject to the presence of a quorum, the Board
may act notwithstanding a vacancy in its
membership.
S. 12(5)
amended by
No. 61/1996
s. 42(3).
(5) A question arising at a meeting of the Board shall
be determined by a majority of the votes of the
members of the Board present and voting and in
the event of an equality of votes the person
presiding shall have an additional or casting vote.
8
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 12A
(6) An act or decision of the Board shall not be
invalid by reason only of a defect or irregularity in
or in connexion with the appointment of a
member.
(7) Subject to this Act, the Board may regulate its
own proceedings.
12A. Resolutions without meetings
(1) If—
(a) the Board 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 Board 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 sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
(3) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the Board, 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 13, is not entitled to vote on the
resolution.
9
S. 12(6)
amended by
No. 61/1996
s. 42(3).
S. 12(7)
amended by
No. 61/1996
s. 42(3).
S. 12A
inserted by
No. 61/1996
s. 43.
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 13
S. 13
substituted by
No. 61/1996
s. 44.
13. 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 Board; 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 Board or, in the case
of a proposed resolution notice of which is given
under section 12A(1)(a), to the President.
(2) The Board or the President must cause the
declaration to be tabled at the next meeting of the
Board 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 Board directs
otherwise; and
(b) is not entitled to vote on the matter.
(4) If a member votes on a matter in contravention of
sub-section (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 sub-section (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
10
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 14
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.
14. Protection of members
(1) Where a member or former member of the Board
is personally liable to make payment by way of
compensation or reimbursement to the Board or
any other person by reason of an act done or
concurred in or omitted to be done by him while a
member of the Board, the Treasurer shall, if—
S. 14(1)
amended by
No. 61/1996
s. 45.
(a) the act or omission formed part of a course
of conduct which the member or former
member honestly and reasonably believed
the Board was by law required or authorized
to pursue; and
S. 14(1)(a)
amended by
No. 61/1996
s. 45.
(b) in the case of an act done or omitted to be
done by the member or former member, the
act or omission formed part of a course of
conduct which the member or former
member honestly and reasonably believed
the Board had required or authorized him to
pursue on its behalf—
S. 14(1)(b)
amended by
No. 61/1996
s. 45.
indemnify him out of the Consolidated Fund
(which is hereby to the necessary extent
appropriated accordingly) to the full extent of his
liability.
(2) For the purposes of sub-section (1), a belief may
be held to have been honest and reasonable
notwithstanding that it was wrong as to a matter of
law.
11
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 15
S. 14(3)
amended by
No. 61/1996
s. 45.
S. 15
amended by
Nos 80/1988
s. 55(5)(a),
7/1992
s. 3(b),
substituted by
No. 61/1996
s. 46.
(3) The indemnity conferred upon a member or
former member of the Board by sub-section (1) is
in addition to any indemnity to which he is
otherwise entitled by law.
15. Committees
(1) The Board 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 Board even though he or she is
not a member of the Board.
(3) A member of a committee established by the
Board is entitled to receive any fees or travelling
or other expenses determined by the Board.
S. 16
substituted by
No. 61/1996
s. 47.
16. Delegation
(1) The Board may, by instrument under its common
seal, delegate any of its functions or powers
(except this power of delegation or the power to
make by-laws) to—
(a) the members constituting a committee of the
Board, if the committee includes 2 or more
members of the Board; or
S. 16(1)(b)
amended by
No. 61/1996
s. 48.
(b) the Chief Executive Officer; or
(c) any of its members; or
(d) any member of its staff.
12
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 17
(2) A delegation under sub-section (1) may be made
to a specified person or class of persons referred
to in that sub-section.
Division 3—Officers and Employees
17. Chief Executive Officer
(1) There shall be a Chief Executive Officer of the
Museums Board of Victoria who—
*
S. 17(1)
amended by
No. 61/1996
s. 49(2)(a).
*
S. 17(1)(a)
amended by
No. 61/1996
s. 49(1)(a),
repealed by
No. 61/1996
s. 49(2)(b).
(b) subject to and in accordance with the
directions given to him by the Board, shall
have the control of the day to day
management of the affairs of the Board.
S. 17(1)(b)
amended by
No. 61/1996
s. 49(1)(a).
*
*
*
(2) The Chief Executive Officer shall be appointed by
the Board, 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.
S. 17(2)
substituted by
No. 61/1996
s. 49(3).
(3) The Chief Executive Officer holds office, subject
to this Act, on the terms and conditions that are
specified in the instrument of appointment.
S. 17(3)
substituted by
No. 61/1996
s. 49(3).
(4) The Board must not remove the Chief Executive
Officer from office except with the approval of
the Minister.
S. 17(4)
amended by
No. 61/1996
s. 49(1)(b),
substituted by
No. 61/1996
s. 49(3).
*
*
*
13
*
*
S. 17(5)(6)
repealed by
No. 61/1996
s. 49(3).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 20
S. 18
amended by
No. 50/1988
s. 93(2)(Sch. 2
Pt 2 item 38),
repealed by
No. 61/1996
s. 50.
S. 19
amended by
No. 31/1994
s. 3(Sch. 1
item 44),
repealed by
No. 61/1996
s. 51.
*
*
*
*
*
*
*
*
*
*
S. 20
substituted by
No. 61/1996
s. 52.
20. Other staff
S. 21
amended by
Nos 61/1996
s. 53, 66/2001
s. 8.
21. Consultants
Pt 3 Div. 4
(Heading)
substituted by
No. 61/1996
s. 54.
S. 22
amended by
No. 100/1995
s. 41,
substituted by
No. 61/1996
s. 55.
The Board may employ any other persons
necessary for the purposes of this Act.
The Board may engage such consultants and
technical advisors as the Board considers
necessary from time to time to enable the Board to
perform its functions and exercise its powers
under this Act.
Division 4—Functions and Powers of the Board
22. Board represents the Crown
In performing its functions and exercising its
powers under this Act, the Board represents the
Crown.
14
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 22A
22A. Board subject to control of Minister
In performing its functions and exercising its
powers under this Act, the Board is subject to the
direction and control of the Minister.
23. Functions
The functions of the Board are—
(a) to control, manage, operate, promote,
develop and maintain the Museum of
Victoria;
(aa) to control, manage, operate, promote,
develop and maintain the Exhibition land as
a place—
S. 22A
inserted by
No. 61/1996
s. 55.
S. 23
amended by
No. 61/1996
s. 56(a).
S. 23(a)
amended by
No. 61/1996
s. 56(b).
S. 23(aa)
inserted by
No. 100/1995
s. 42(a).
(i) for the holding of public exhibitions;
(ii) for the assembly, education, instruction,
entertainment or recreation of the
public or any sector of the public;
(iii) for any other uses which will not
substantially interfere with the
continued use of the land for museum
or exhibition purposes that the
Governor in Council directs or that the
Board, with the approval of the
Minister, determines;
(b) to develop and maintain the State collections
of natural sciences, indigenous culture, social
history and science and technology;
(c) to exhibit material from those collections for
the purposes of education and entertainment;
(d) to promote use of those collections for
scientific research;
(e) to promote the use of the Museum's
resources for education in Victoria;
15
S. 23(aa)(iii)
amended by
No. 61/1996
s. 56(c).
S. 23(b)
amended by
No. 61/1996
s. 56(d).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 24
S. 23(f)
substituted by
No. 61/1996
s. 56(e).
(f) to research, present and promote issues of
public relevance and benefit in the following
fields—
(i) the origins, development and diversity
of cultures in Australia and adjacent
lands;
(ii) the natural environment;
(iii) science and technology and their
applications to the development of
society;
(g) to act as a repository for specimens upon
which scientific studies have been made or
which may have special cultural or historical
significance;
S. 23(ga)
inserted by
No. 61/1996
s. 56(f).
(ga) to provide leadership to museums in
Victoria;
S. 23(gb)
inserted by
No. 61/1996
s. 56(f).
(gb) to advise the Minister on matters relating to
museums, and co-ordination of museum
services, in Victoria;
S. 23(h)
amended by
Nos 100/1995
s. 42(b),
61/1996
s. 56(g).
(h) to carry out such other functions appropriate
to museums and the Exhibition land as the
Minister from time to time directs.
24. Powers of the Board
S. 24(1)
amended by
No. 61/1996
s. 57(1)(a)(b).
(1) Subject to this Act, the Board has the power to do
all things necessary or convenient to be done for
or in connexion with the performance of its
functions.
S. 24(2)
amended by
No. 61/1996
s. 57(2)(b).
(2) Without limiting or derogating from the generality
of sub-section (1), the powers of the Board
include power—
16
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 24
(a) to enter into contracts, agreements or
arrangements with any person or body of
persons and do everything, including the
payment of money, that is necessary or
expedient for carrying the contracts,
agreements or arrangements into effect;
*
S. 24(2)(a)
substituted by
No. 61/1996
s. 57(2)(a).
(b) to accept real or personal property by
purchase, gift, grant, devise or bequest,
whether on trust or otherwise;
S. 24(2)(b)
substituted by
No. 61/1996
s. 57(2)(a).
(c) to act as trustee of any real or personal
property vested in the Board on trust;
S. 24(2)(c)
substituted by
No. 61/1996
s. 57(2)(a).
*
*
*
*
(j) to charge and receive fees fixed by the Board
in respect of any services supplied by the
Board and in respect of the admission of
persons or vehicles to the Museum of
Victoria or the Exhibition land or any part of
the Museum of Victoria or the Exhibition
land, or to any classes, activities or
exhibitions organized or conducted by the
Board;
(ja) in relation to the Exhibition land, the
granting to other persons or bodies of
authorities to occupy any part of the
Exhibition land—
(i) for the purpose of or in connection with
the provision of facilities for the
assembly, education, instruction,
entertainment, recreation or
convenience of persons using the
Museum of Victoria or the Exhibition
land; or
17
S. 24(2)(d)–(i)
repealed by
No. 61/1996
s. 57(2)(a).
S. 24(2)(j)
amended by
Nos 100/1995
s. 43(a)(i)–(iii),
61/1996
s. 57(2)(b).
S. 24(2)(ja)
inserted by
No. 100/1995
s. 43(b).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 25
(ii) if the part of the Exhibition land is not
presently required for museum or
exhibition purposes, for any other
purpose which will not substantially
interfere with the continued use of the
land for museum or exhibition
purposes;
S. 24(2)(k)
amended by
No. 61/1996
s. 57(2)(b).
(k) to do all such things as are in the opinion of
the Board incidental to the carrying out of its
functions or the exercise of its powers.
S. 24(3)
amended by
No. 61/1996
s. 57(3)(a).
(3) Notwithstanding anything to the contrary in this
Act the Board shall not sell, lease or dispose of an
object being part of a State collection unless—
(a) the Governor in Council has granted
approval for that sale, lease or disposal;
S. 24(3)(b)
amended by
No. 61/1996
s. 57(3)(b).
(b) the Board has resolved that retention of that
object is unnecessary and inappropriate to
the activities of the Board; or
S. 24(3)(c)
amended by
No. 61/1996
s. 57(3)(c).
(c) it is duplicate material being exchanged with
a body which has objects or functions similar
to those of the Board.
25. Disposal of unclaimed property
S. 25(1)
amended by
No. 61/1996
s. 58(1)(a).
(1) Subject to sub-section (2) and with the approval of
the Governor in Council the Board may retain,
exchange, sell, lease or dispose of any property
which although not vested in it by or under this
Act—
S. 25(1)(a)
amended by
No. 61/1996
s. 58(1)(b).
(a) has been submitted to or left with the Board
or its duly authorized officer with a view to
its acceptance by the Board by way of gift or
purchase or for valuation or for the giving of
an opinion thereon by or on behalf of the
Board or for consideration for the purpose of
any prize or competition;
18
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 26
(b) has remained in the possession or custody of
the Board for a period of not less than five
years; and
S. 25(1)(b)
amended by
No. 61/1996
s. 58(1)(c).
(c) has not, after notice given as hereinafter
provided, been claimed by or on behalf of
the person submitting or leaving such
property as aforesaid or any other person
claiming such property or any interest
therein.
(2) Before seeking the approval of the Governor in
Council to any retention, exchange, sale, lease
or disposal pursuant to the provisions of subsection (1) the Board shall give not less than six
months notice of its intention so to deal with the
property—
S. 25(2)
amended by
No. 61/1996
s. 58(2)(a).
(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 is deceased, to his personal
representative in like manner; or
(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 Board.
26. State collections
(1) The Museum of Victoria shall be the official place
of lodgement of the State collections of natural
history (including collections of type specimens),
the history of human society and the history of
science and technology.
19
S. 25(2)(b)
amended by
No. 61/1996
s. 58(2)(b).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 27
S. 26(2)
amended by
No. 61/1996
s. 59(1).
(2) Where a department holds material which forms a
collection or part of a collection of material in the
field of natural history, the history of human
society or the history of science and technology,
the department shall not dispose of that material
unless the department first submits the material to
the Board.
S. 26(3)
amended by
No. 61/1996
s. 59(1).
(3) Where the Board receives material submitted to it
pursuant to sub-section (2), it shall as soon as is
practicable determine whether that material is
appropriate for inclusion in a State collection of
natural history, the history of human society or the
history of science and technology.
S. 26(4)
amended by
No. 61/1996
s. 59(1).
(4) Where, pursuant to sub-section (3), the Board
determines that material is appropriate for
inclusion in a State collection, that material shall
thereupon for the purposes of this Act be deemed
to form part of that State collection.
S. 26(5)
substituted by
Nos 61/1996
s. 59(2),
46/1998
s. 7(Sch. 1),
amended by
No. 108/2004
s. 117(1)
(Sch. 3
item 139.2).
(5) In this section "department" means a department
or administrative office within the meaning of the
Public Administration Act 2004.
S. 27
repealed by
No. 7/1992
s. 3(c),
new s. 27
inserted by
No. 100/1995
s. 44,
amended by
Nos 71/1996
s. 36, 61/1996
s. 60(a)(b).
27. Reciprocal arrangements about the Exhibition land
The Board, for the purpose of carrying out its
functions with respect to the Royal Exhibition
Building, may enter into an agreement or
arrangement with the Melbourne Convention and
Exhibition Trust concerning the carrying out by
the Melbourne Convention and Exhibition Trust
of any of the Board's functions with respect to the
Royal Exhibition Building or any part of the
Exhibition land that is reasonably required in
20
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 28
conjunction with the use of the Royal Exhibition
Building that is reasonably required in
conjunction with the use of the Royal Exhibition
Building.
Division 5—Financial
28. Account
(1) The Board shall establish and maintain in
an authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the
Commonwealth approved by the Minister
administering Part 7 of the Financial
Management Act 1994 an account in the name of
the Board into which shall be paid all money
received by or paid to the Board other than any
money to which sub-section (4) applies.
S. 28(1)
amended by
Nos 61/1996
s. 61(a),
46/1998
s. 7(Sch. 1),
11/2001
s. 3(Sch.
item 54.1(a)
(b)).
(2) Subject to sub-section (3), money standing to the
credit of the Board in the account referred to in
sub-section (1) may be applied by the Board only
for or towards the costs and expenses of or
incidental to the performance of the functions or
the exercise of the powers of the Board pursuant
to this Act.
S. 28(2)
amended by
Nos 61/1996
s. 61(a),
11/2001
s. 3(Sch.
item 54.2).
*
*
*
*
*
(4) This section shall not apply to any moneys
received or paid out by the Board subject to and in
accordance with the terms of a special trust.
21
S. 28(3)
amended by
Nos 104/1995
s. 6(Sch. 1
item 21(a)(b)),
61/1996
s. 61(a),
repealed by
No. 61/1996
s. 61(b).
S. 28(4)
amended by
No. 61/1996
s. 61(a).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 30
S. 29
substituted by
No. 61/1996
s. 62.
29. Borrowing and investment powers
The Board has the powers conferred on it by the
Borrowing and Investment Powers Act 1987.
30. Audits
S. 30(1)–(8)
repealed by
No. 31/1994
s. 4(Sch. 2
item 57).
S. 30(9)
amended by
No. 61/1996
s. 63(a).
Pt 3 Div. 6
(Heading)
amended by
No. 7/1992
s. 9.
S. 31
substituted by
No. 7/1992
s. 10.
S. 31(1)(a)
amended by
No. 61/1996
s. 63(b).
*
*
*
*
*
(9) The Board may engage a registered company
auditor to carry out such intermediate inspections
and audits as the Board thinks necessary.
Division 6—Regulations and By-laws
31. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) in relation to Crown land reserved under the
Crown Land (Reserves) Act 1978, anything
for or in respect of which the Board as
trustee could make regulations under section
13(1) of that Act; and
(b) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
(2) The regulations may impose penalties not
exceeding 2 penalty units for a contravention of
the regulations.
(3) Regulations made under this Act may be
disallowed in whole or in part by resolution of
either House of Parliament in accordance with the
22
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 31A
requirements of section 6(2) of the Subordinate
Legislation Act 1962.
(4) Disallowance under sub-section (3) is deemed to
be disallowance by Parliament for the purposes of
the Subordinate Legislation Act 1962.
31A. Board may make by-laws
(1) The Board may make by-laws not inconsistent
with the regulations for or with respect to—
S. 31A
inserted by
No. 7/1992
s. 10.
S. 31A(1)
amended by
No. 61/1996
s. 63(c).
(a) regulating or prohibiting admission to or
removal from any building or part of a
building managed or controlled by the
Board; and
S. 31A(1)(a)
amended by
No. 61/1996
s. 63(c).
(b) the preservation, inspection, copying or
lending of specimens, exhibits, equipment,
data pertaining to the collections,
publications or other objects or things under
the control of the Board; and
S. 31A(1)(b)
amended by
No. 61/1996
s. 63(c).
(c) the care, protection and management of land
and buildings or parts of buildings owned or
under the management or control of the
Board, and the safeguarding of the contents
of those buildings against theft or damage;
and
S. 31A(1)(c)
amended by
No. 61/1996
s. 63(c).
(d) the preservation of good order and decency
on land and in buildings or parts of buildings
owned or under the management or control
of the Board.
S. 31A(1)(d)
amended by
No. 61/1996
s. 63(c).
(2) The by-laws may impose penalties not exceeding
2 penalty units for a contravention of the by-laws.
23
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 32
Division 7—Transitory Provisions
32. Definitions
In this Division unless inconsistent with the
context or subject-matter—
"appointed day" means the day on which
section 33 comes into operation;
"existing bodies" means the Building Trustees
established under the State Library
National Gallery National Museum and
Institute of Applied Science Act 1960, the
Council of the Science Museum of Victoria
established under the Science Museum of
Victoria Act 1970 and the National Museum
of Victoria Council established under the
National Museum of Victoria Council Act
1970, and "existing body" means one of
them.
33. Existing bodies
S. 33(1)
repealed by
No. 100/1995
s. 46(2).
*
*
*
*
*
(2) The existing bodies are hereby dissolved, and the
members thereof shall go out of office.
(3) The Council is the successor in law of the existing
bodies.
34. Property held on trust
S. 34(1)
repealed by
No. 7/1992
s. 3(d).
S. 34(2)
amended by
No. 7/1992
s. 3(e).
*
*
*
*
*
(2) All property vested in the Council on the
appointed day shall be held by the Council subject
to the conditions or trusts on which it was held
immediately before the appointed day.
24
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 35
*
*
*
*
*
35. Transitional provisions
Upon and from the appointed day—
(a) any contract, agreement, deed, bond or other
instrument lawfully entered into or made by
an existing body and subsisting immediately
before that day shall become and be as
binding and of as full force and effect in all
respects against or in favour of the Council
as if it had been entered into or made by the
Council;
(b) any action, arbitration or legal or other
proceeding which was immediately before
that day pending or subsisting by or in
favour of or against an existing body shall
not be abated or discontinued or prejudiced
by reason of the provisions of this Act, but
may be prosecuted, continued or enforced
by, against or in favour of the Council in the
same manner as it might have been
prosecuted, continued or enforced by, against
or in favour of an existing body if this Act
had not been passed;
(c) notwithstanding the repeal by this Act of
section 27 of the State Library National
Gallery National Museum and Institute of
Applied Science Act 1960, section 15 of the
Science Museum of Victoria Act 1970 and
section 15 of the National Museum of
Victoria Council Act 1970 those provisions
shall continue to apply in respect of acts
done or taken or omitted to be done or taken
before the appointed day as if those
provisions had not been repealed;
25
S. 34(3)–(6)
repealed.1
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 35
(d) any regulations—
(i) made under or continued in force by the
State Library National Gallery
National Museum and Institute of
Applied Science Act 1960;
(ii) made under the Science Museum of
Victoria Act 1970; or
(iii) made under the National Museum of
Victoria Council Act 1970—
which were in force immediately before the
appointed day 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;
S. 35(e)
amended by
No. 12/1989
s. 4(1)(Sch. 2
item 84.1).
(e) any reference to, or any reference which is
deemed to be a reference to, an existing body
in any other Act or in any proclamation,
Order in Council, regulation, by-law, local
law, order, legal or other proceeding
instrument or document shall be deemed and
taken to refer to the Council;
(f) any money standing to the credit of, or
payable to the credit of, an account kept by
an existing body shall be paid into the bank
account kept under section 28;
(g) all acts, matters and things of a continuing
nature made, done or commenced by or on
behalf of an existing body which have or are
capable of acquiring any force or effect shall
be deemed to have been made done or
commenced by or in relation to or on behalf
of the Council and shall have effect and may
be continued or completed by or in relation
to or on behalf of the Council accordingly.
26
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 36
36. Dispositions of property
(1) Where there is made a disposition of property,
being a disposition to which this section applies,
to, in favour of or for the uses and purposes of—
(a) the trustees of the Museum of Applied
Science of Victoria;
(b) the trustees of the National Museum of
Victoria;
(c) the trustees of the National Museums of
Victoria;
(d) the trustees of the Institute of Applied
Science of Victoria; or
(e) an existing body—
it shall take effect as if it had been made or
declared to or in favour of or for the uses and
purposes of the Council.
(2) Where there is made a disposition of property,
being a disposition to which this section applies,
to, in favour of or for the uses and purposes of the
Trustees of the Public Library Museums and
National Gallery of Victoria it shall take effect as
if it had, in respect of each particular item of
property, been made or declared severally to or in
favour of or for the uses and purposes of
whichever of the following bodies is the most
appropriate, having regard to the nature of the
property and the apparent intention of the donor or
testator—
(a) the Council of Trustees of the National
Gallery of Victoria;
27
S. 36(1)(a)
amended by
No. 10087
s. 3(1)(Sch. 1
item 174).
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 36
S. 36(2)(b)
amended by
Nos 80/1988
s. 55(5)(c),
61/1996
s. 63(d).
(b) the Library Board of Victoria; or
(c) the Council.
(3) Where there is made a disposition of property to
which sub-section (2) applies, such property being
a sum of money, in terms which do not
sufficiently indicate which body would be the
most appropriate recipient, then such property
shall be deemed to have been made or declared—
(a) as to two-fifths of the sum—in favour of or
for the uses or purposes of the Council of
Trustees of the National Gallery of Victoria;
S. 36(3)(b)
amended by
Nos 80/1988
s. 55(5)(d),
61/1996
s. 63(e).
(b) as to one-fifth of the sum—in favour or for
the uses or purposes of the Library Board of
Victoria;
(c) as to two-fifths of the sum—in favour or for
the uses or purposes of the Council.
(4) In this section, "disposition to which this section
applies" means a donation, gift, disposition or
trust of property lawfully made or declared or
deemed to have been made or declared, whether
before or after the appointed day, by deed, will or
otherwise, other than one of the bequests or trusts
referred to in section 20(f) of the National
Gallery of Victoria Act 1966.
28
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 37
Division 8—Transition from Exhibition Trustees
37. Dissolution of Exhibition Trustees
(1) The body corporate by the name of "The
Exhibition Trustees" established under the
Exhibition Act 1957 is dissolved.
Pt 3 Div. 8
(Heading and
ss 37–39)
inserted by
No. 100/1995
s. 45.
S. 37
inserted by
No. 100/1995
s. 45.
(2) A person holding office as a member of The
Exhibition Trustees under the Exhibition Act
1957 immediately before the commencement of
section 45 of the Miscellaneous Acts (Omnibus
Amendments) Act 1995 ceases to hold that
office.
(3) A person who, immediately before the
commencement of section 45 of the
Miscellaneous Acts (Omnibus Amendments)
Act 1995, was an officer or employee of The
Exhibition Trustees ceases to be such an officer or
employee.
38. Council to be successor in law of Trustees
The Council of the Museum of Victoria is the
successor in law of The Exhibition Trustees.
39. Transfer of assets and liabilities
(1) On and from the commencement of section 45 of
the Miscellaneous Acts (Omnibus
Amendments) Act 1995—
(a) all assets, property and rights in or held by
The Exhibition Trustees immediately before
that commencement vest in the Council;
(b) all liabilities of The Exhibition Trustees
existing immediately before that
commencement become liabilities of the
Council;
29
S. 38
inserted by
No. 100/1995
s. 45.
S. 39
inserted by
No. 100/1995
s. 45.
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 40
(c) the Council is substituted as a party to any
agreement, contract, lease or other
arrangement, and to any proceeding, to
which The Exhibition Trustees was a party
immediately before that commencement;
(d) any reference to The Exhibition Trustees in
any Act, subordinate instrument within the
meaning of the Interpretation of
Legislation Act 1984 or any document
whatever is, in relation to any period
occurring on or after that date of
commencement, and unless inconsistent with
the context or subject matter, to be taken to
be a reference to the Council.
(2) The operation of sub-section (1)(c) does not
confer on any party (other than the Council) to an
agreement, contract, lease or other arrangement
any right or benefit not existing before that
commencement.
Pt 3 Div. 9
(Heading and
ss 40–44)
inserted by
No. 100/1995
s. 45.
S. 40
inserted by
No. 100/1995
s. 45.
Division 9—Exhibition land
40. Reservation of Exhibition land
(1) The permanent reservation of the Exhibition land
is revoked.
(2) The Exhibition land—
(a) is divested from the Exhibition Trustees and
ceases to be under the general control,
administration and management of the
Exhibition Trustees; and
(b) vests in the Crown; and
(c) is deemed to be unalienated land of the
Crown, freed and discharged from all trusts,
30
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 41
limitations, reservations, restrictions
encumbrances, estates and interests except
those referred to in sub-section (3).
(3) Sub-section (2)(c) does not affect the continuity,
status or effect of any lease, licence, permit or
authority existing over the Exhibition land
immediately before the date it was vested in the
Crown under this section, but from that date the
lease, licence, permit or authority has effect as if
granted by the Board.
S. 40(3)
amended by
No. 61/1996
s. 63(f).
(4) The Exhibition land is deemed to be permanently
reserved under section 4(1) of the Crown Land
(Reserves) Act 1978 as a site for exhibition and
museum purposes.
(5) The general control, administration and
management of the Exhibition land is vested in
the Board.
S. 40(5)
amended by
No. 61/1996
s. 63(f).
(6) Nothing in the Crown Land (Reserves) Act 1978
relating to the management or control of Crown
lands or reserves applies to the Board in
exercising its powers under sub-section (5) over
the Exhibition land.
S. 40(6)
amended by
No. 61/1996
s. 63(f).
41. Exhibition land may be used despite reservation
(1) With the approval of the Minister administering
the Crown Land (Reserves) Act 1978 any part of
the land on the plan in the Schedule may be used
and developed for—
(a) an underground car park or car parks to be
constructed underneath the Exhibition land;
or
(b) any other use which will not substantially
interfere with the continued use of the land
for museum and exhibition purposes.
31
S. 41
inserted by
No. 100/1995
s. 45.
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 42
(2) This section applies despite anything to the
contrary in the Crown Land (Reserves) Act 1978
and the Land Act 1958 or anything in any other
Act or law.
S. 42
inserted by
No. 100/1995
s. 45.
S. 42(1)
amended by
No. 61/1996
s. 63(g)(i).
42. Lease or licence to use reserved land for car park or
other purposes
(1) The Board may, in accordance with this section,
grant to any person or body—
(a) with the approval of the Minister
administering the Crown Land (Reserves)
Act 1978, a lease; or
(b) a licence—
for Crown land, or a stratum of Crown land,
comprising any part of the land shown on the plan
in the Schedule if the land is to be used or
developed for museum or exhibition purposes or
any of the purposes referred to in section 41.
(2) A lease or licence under this section—
S. 42(2)(a)
amended by
No. 61/1996
s. 63(g)(i).
(a) is subject to any conditions that the Board
thinks fit and specifies in the lease or licence
as to—
(i) access to and use of the land covered by
the lease or licence; and
(ii) the protection of the continued use of
the land or any stratum of the land for
museum and exhibition purposes; and
S. 42(2)(b)
amended by
No. 61/1996
s. 63(g)(i).
(b) is subject to any other terms or conditions
that the Board determines and specifies in
the lease or licence; and
(c) may be granted or renewed for a term of not
more than 50 years.
32
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 43
(3) Nothing in this section limits the Board's powers
under section 24 or anything in the Land Act
1958.
S. 42(3)
amended by
No. 61/1996
s. 63(g)(ii).
(4) In this section—
"stratum of Crown land" has the same meaning
as in the Land Act 1958.
43. Carlton Gardens land
Despite anything to the contrary in the Order in
Council dated 9 June 1973 permanently reserving
land as a site for Carlton Gardens and the Crown
grant volume 600 folium 119905 dated 13 June
1873 relating to the Carlton Gardens land adjacent
to the Exhibition land, the Minister administering
the Crown Land (Reserves) Act 1978 and
Melbourne City Council may, in addition to the
purposes provided for in the Order in Council and
the Crown grant, permit the temporary use of any
part of the land referred to in the Order in Council
and Crown grant for purposes which are, or are
connected with, museum or exhibition purposes.
44. Regulations under Exhibition Act 1957
(1) Despite the repeal of the Exhibition Act 1957,
any regulations made under that Act and in force
immediately before the repeal of that Act by
Part 7 of the Miscellaneous Acts (Omnibus
Amendments) Act 1995 continue in force under
the Museums Act 1983 as if made under
section 31 of the Museums Act 1983.
(2) Sub-section (1) does not apply to any regulations
with respect to fees for the parking of vehicles on
the Exhibition land.
33
S. 43
inserted by
No. 100/1995
s. 45.
S. 44
inserted by
No. 100/1995
s. 45.
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 45
Pt 3 Div. 10
(Heading and
s. 45)
inserted by
No. 61/1996
s. 64.
Division 10—Further Transitional Provisions
S. 45
inserted by
No. 61/1996
s. 64,
amended by
No. 46/1998
s. 7(Sch. 1).
45. Determination of staff to be transferred
S. 46
inserted by
No. 61/1996
s. 65.
46. Abolition of Museums Advisory Board
The Minister must designate in writing the
employees of the public service who are employed
in the administration of this Act who are to
become employees of the Board under section 49.
(1) The Museums Advisory Board established by
section 4 of the Principal Act is abolished.
(2) Despite any provision to the contrary made by or
under the Financial Management Act 1994,
there must be prepared, in accordance with Part 7
of that Act, a report of the operations of the
Museums Advisory Board during the period
beginning on 1 July immediately preceding the
commencement of section 65 of the Arts
Institutions (Amendment) Act 1996 and ending
on that commencement.
(3) The report prepared under sub-section (2) must be
incorporated in and consolidated with that of the
Council of the Museum of Victoria or, if the
Museums Board of Victoria is in existence on the
commencement referred to in sub-section (2), with
that of the Museums Board of Victoria for the
financial year that includes the last day of the
period referred to in sub-section (2).
S. 47
inserted by
No. 61/1996
s. 66.
47. Council of the Museum of Victoria
(1) The Museums Board of Victoria is to be taken as
the same body as the Council of the Museum of
Victoria in spite of any changes to the name and
structure of the Museums Board of Victoria by
this Act and no act, matter or thing is to be
34
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 48
affected because of those changes of name and
structure.
(2) A reference in any document to the Council of the
Museum of Victoria is to be taken to refer to the
Museums Board of Victoria.
(3) A member of the Council of the Museum of
Victoria holding office immediately before the
commencement of section 66 of the Arts
Institutions (Amendment) Act 1996 continues to
hold office after that commencement as a member
of the Museums Board of Victoria on the same
terms and conditions as those on which he or she
held office as a member of the Council of the
Museum of Victoria for the remainder of the term
specified in his or her instrument of appointment.
48. Director
The person who immediately before the
commencement of section 67 of the Arts
Institutions (Amendment) Act 1996 was the
Director of the Museum of Victoria is deemed to
be appointed by the Board as the Chief Executive
Officer of the Museums Board of Victoria on
terms and conditions determined by the Minister
to be no less favourable in aggregate than those
applying to the Director immediately before that
commencement.
49. Transfer of staff
(1) On and from the commencement of section 67 of
the Arts Institutions (Amendment) Act 1996,
any officer or employee designated under
section 45—
(a) becomes an employee of the Board; 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
35
S. 48
inserted by
No. 61/1996
s. 67.
S. 49
inserted by
No. 61/1996
s. 67.
Museums Act 1983
Act No. 9903/1983
Part III—Council of the Museum of Victoria
s. 49
receive immediately before that
commencement as such an officer or
employee; and
(c) retains any entitlement to long service leave,
annual leave, sick leave or other leave
accrued or accruing to that person
immediately before that commencement.
(2) If a person who becomes an employee of the
Board under this Division 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 Board.
(3) For the purpose of long service leave entitlements
as employees of the Board of those transferred
under this Division, their service with the public
service must be taken to be service with the
Board.
(4) There must be paid out of the Consolidated Fund
(which is, by this sub-section, 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 Division.
__________________
36
Museums Act 1983
Act No. 9903/1983
Sch. 1
SCHEDULE
Sch. 1
amended by
Nos 10087
s. 3(1)(Sch. 1
items 175,
176), 7/1992
s. 11(c),
substituted by
No. 100/1995
s. 46(1).2
SCHEDULE 1
EXHIBITION LAND
—————————
*
*
*
═══════════════
37
*
*
Sch. 2
repealed by
No. 7/1992
s. 3(f).
Museums Act 1983
Act No. 9903/1983
Endnotes
ENDNOTES
1. General Information
The Museums Act 1983 was assented to on 15 June 1983 and came into
operation on 1 July 1983: Government Gazette 22 June 1983 page 1709.
38
Museums Act 1983
Act No. 9903/1983
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Museums Act 1983 by
Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Revision Act 1984, No. 10087/1984
Assent Date:
22.5.84
Commencement Date:
22.5.84: subject to s. 3(2)
Current State:
All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date:
24.5.88
Commencement Date:
S. 93(2)(Sch. 2 Pt 2 item 38) on 1.7.88: Government
Gazette 1.6.88 p. 1487
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
Libraries Act 1988, No. 80/1988
Assent Date:
20.12.88
Commencement Date:
24.5.89: Government Gazette 24.5.89 p. 1222
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 item 84.1) on 1.11.89: Government
Gazette 1.11.89 p. 2789
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Libraries (Amendment) Act 1992, No. 7/1992
Assent Date:
5.5.92
Commencement Date:
S. 11 on 1.7.83: s. 2(2); rest of Act on 11.8.92: Special
Gazette (No. 43) 11.8.92 p. 1
Current State:
All of Act in operation
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
39
Museums Act 1983
Act No. 9903/1983
Endnotes
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 3(Sch. 1 item 44) on 7.7.94: Government Gazette
7.7.94 p. 1878—see Interpretation of Legislation
Act 1984; s. 4(Sch. 2 item 57) on 1.1.95: Government
Gazette 28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
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 items 27.1, 27.2 on 1.1.96:
Government Gazette 21.12.95 p. 3571
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995
Assent Date:
5.12.95
Commencement Date:
Pt 17 (ss 40–46) on 1.4.96: Government Gazette
21.3.96 p. 718
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995
Assent Date:
5.12.95
Commencement Date:
1.1.96: s. 2
Current State:
All of Act in operation
Zoological Parks and Gardens Act 1995, No. 106/1995
Assent Date:
5.12.95
Commencement Date:
Ss 1, 2 on 5.12.95: s. 2(1); rest of Act on 30.4.96:
Special Gazette (No. 45) 30.4.96 p. 1
Current State:
All of Act in operation
Arts Institutions (Amendment) Act 1996, No. 61/1996
Assent Date:
17.12.96
Commencement Date:
S. 64 on 17.12.96: s. 2(1); ss 35–37(1), 38–47, 49(1),
53–63, 65, 66 on 6.2.97: Government Gazette 6.2.97
p. 257—see Interpretation of Legislation Act 1984;
ss 37(2), 48, 49(2)(3), 50–52, 67 on 1.1.98: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
Melbourne Convention and Exhibition Trust Act 1996, No. 71/1996
Assent Date:
17.12.96
Commencement Date:
S. 36 on 5.2.97: Special Gazette (No. 16) 5.2.97 p. 1
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
40
Museums Act 1983
Act No. 9903/1983
Endnotes
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,
No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 54) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
Victorian Arts Centre (Amendment) Act 2001, No. 66/2001
Assent Date:
23.10.01
Commencement Date:
24.10.01: s. 2
Current State:
All of Act in operation
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 139) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending the Museums Act 1983
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
41
Museums Act 1983
Act No. 9903/1983
Endnotes
3. Explanatory Details
1
S. 34(3)–(6):
S. 34(3) repealed by No. 7/1992 s. 3(d).
S. 34(4) amended by No. 80/1988 s. 55(5)(b), repealed by No. 7/1992 s. 3(d).
S. 34(5) substituted by No. 18/1989 s. 13(Sch. 2 item 59), repealed by No. 7/1992
s. 3(d).
S. 34(6) repealed by No. 7/1992 s. 3(d).
2
Sch. 1: The amendment proposed by section 54 of the Zoological Parks
and Gardens Act 1995, No. 106/1995 is not included in this publication as
the clause to be repealed no longer exists.
42