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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Collecting Institutions
Legislation Amendment Bill 2020
No. , 2020
(Communications, Cyber Safety and the Arts)
A Bill for an Act to amend the law relating to
national collecting institutions, and for related
purposes
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Investments
3
Australian National Maritime Museum Act 1990
3
National Film and Sound Archive of Australia Act 2008
4
National Gallery Act 1975
6
National Library Act 1960
7
National Museum of Australia Act 1980
9
National Portrait Gallery of Australia Act 2012
11
Schedule 2--Other amendments
13
Australian National Maritime Museum Act 1990
13
National Film and Sound Archive of Australia Act 2008
17
National Gallery Act 1975
19
National Library Act 1960
23
National Museum of Australia Act 1980
27
National Portrait Gallery of Australia Act 2012
32
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
1
A Bill for an Act to amend the law relating to
1
national collecting institutions, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Collecting Institutions Legislation
6
Amendment Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Investments
Schedule 1
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
3
Schedule 1--Investments
1
2
Australian National Maritime Museum Act 1990
3
1 Subsection 45(2)
4
After "does not prevent investment, under", insert "subsection (3) of
5
this section or".
6
2 At the end of section 45
7
Add:
8
(3) In addition to investments authorised by section 59 of the
Public
9
Governance, Performance and Accountability Act 2013
, the
10
Museum may invest the following in any other form of investment:
11
(a) money accepted as a gift or bequest to the Museum;
12
(b) money that the Museum receives from the disposal of
13
property given, devised, bequeathed or assigned to the
14
Museum by a person other than the Commonwealth;
15
(c) income received from an investment made under this
16
subsection or from the disposal of such an investment.
17
Note:
See subsection 50(2) for obligations of the Museum as trustee of a
18
trust.
19
(4) An investment under subsection (3), or the disposal of such an
20
investment, must be in accordance with a policy in force under
21
section 46.
22
3 After section 45
23
Insert:
24
46 Investment policy
25
(1) The Council may formulate a written policy in relation to the
26
following matters:
27
(a) the investment strategy of the Museum;
28
(b) benchmarks and standards for assessing the performance of
29
the Museum's investments;
30
(c) risk management for the Museum's investments.
31
Schedule 1
Investments
4
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
Note:
For variation and revocation, see subsection 33(3) of the
Acts
1
Interpretation Act 1901
.
2
Publication of policy
3
(2) If the Council formulates a policy under subsection (1), the
4
Council must cause a copy of the policy to be published on the
5
Museum's website.
6
Review of policy
7
(3) If the Council formulates a policy under subsection (1), the
8
Council must conduct periodic reviews of the policy.
9
Compliance with policy
10
(4) If the Council formulates a policy under subsection (1), the
11
Museum must comply with the policy.
12
(5) A failure to comply with the policy does not affect the validity of
13
any transaction.
14
Policy not a legislative instrument
15
(6) A policy formulated under subsection (1) is not a legislative
16
instrument.
17
National Film and Sound Archive of Australia Act 2008
18
4 Subsection 38(2)
19
After "does not prevent investment, under", insert "subsection (3) of
20
this section or".
21
5 At the end of section 38
22
Add:
23
(3) In addition to investments authorised by section 59 of the
Public
24
Governance, Performance and Accountability Act 2013
, the
25
National Film and Sound Archive of Australia may invest the
26
following in any other form of investment:
27
(a) money accepted as a gift or bequest to the National Film and
28
Sound Archive of Australia;
29
Investments
Schedule 1
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
5
(b) money that the National Film and Sound Archive of
1
Australia receives from the disposal of property given,
2
devised, bequeathed or assigned to the National Film and
3
Sound Archive of Australia by a person other than the
4
Commonwealth;
5
(c) income received from an investment made under this
6
subsection or from the disposal of such an investment.
7
Note:
See subsection 7(3) for obligations of the National Film and Sound
8
Archive of Australia as trustee of a trust.
9
(4) An investment under subsection (3), or the disposal of such an
10
investment, must be in accordance with a policy in force under
11
section 38A.
12
6 After section 38
13
Insert:
14
38A Investment policy
15
(1) The Board may formulate a written policy in relation to the
16
following matters:
17
(a) the investment strategy of the National Film and Sound
18
Archive of Australia;
19
(b) benchmarks and standards for assessing the performance of
20
the National Film and Sound Archive of Australia's
21
investments;
22
(c) risk management for the National Film and Sound Archive of
23
Australia's investments.
24
Note:
For variation and revocation, see subsection 33(3) of the
Acts
25
Interpretation Act 1901
.
26
Publication of policy
27
(2) If the Board formulates a policy under subsection (1), the Board
28
must cause a copy of the policy to be published on the National
29
Film and Sound Archive of Australia's website.
30
Review of policy
31
(3) If the Board formulates a policy under subsection (1), the Board
32
must conduct periodic reviews of the policy.
33
Schedule 1
Investments
6
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
Compliance with policy
1
(4) If the Board formulates a policy under subsection (1), the National
2
Film and Sound Archive of Australia must comply with the policy.
3
(5) A failure to comply with the policy does not affect the validity of
4
any transaction.
5
Policy not a legislative instrument
6
(6) A policy formulated under subsection (1) is not a legislative
7
instrument.
8
National Gallery Act 1975
9
7 Subsection 37(2)
10
After "does not prevent investment, under", insert "subsection (3) of
11
this section or".
12
8 At the end of section 37
13
Add:
14
(3) In addition to investments authorised by section 59 of the
Public
15
Governance, Performance and Accountability Act 2013
, the
16
Gallery may invest the following in any other form of investment:
17
(a) money accepted as a gift or bequest to the Gallery;
18
(b) money that the Gallery receives from the disposal of property
19
given, devised, bequeathed or assigned to the Gallery by a
20
person other than the Commonwealth;
21
(c) income received from an investment made under this
22
subsection or from the disposal of such an investment.
23
Note:
See subsection 7(4) for obligations of the Gallery as trustee of a trust.
24
(4) An investment under subsection (3), or the disposal of such an
25
investment, must be in accordance with a policy in force under
26
section 37A.
27
9 After section 37
28
Insert:
29
Investments
Schedule 1
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
7
37A Investment policy
1
(1) The Council may formulate a written policy in relation to the
2
following matters:
3
(a) the investment strategy of the Gallery;
4
(b) benchmarks and standards for assessing the performance of
5
the Gallery's investments;
6
(c) risk management for the Gallery's investments.
7
Note:
For variation and revocation, see subsection 33(3) of the
Acts
8
Interpretation Act 1901
.
9
Publication of policy
10
(2) If the Council formulates a policy under subsection (1), the
11
Council must cause a copy of the policy to be published on the
12
Gallery's website.
13
Review of policy
14
(3) If the Council formulates a policy under subsection (1), the
15
Council must conduct periodic reviews of the policy.
16
Compliance with policy
17
(4) If the Council formulates a policy under subsection (1), the Gallery
18
must comply with the policy.
19
(5) A failure to comply with the policy does not affect the validity of
20
any transaction.
21
Policy not a legislative instrument
22
(6) A policy formulated under subsection (1) is not a legislative
23
instrument.
24
National Library Act 1960
25
10 Subsection 22(2)
26
After "does not prevent investment, under", insert "subsection (3) of
27
this section or".
28
Schedule 1
Investments
8
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
11 At the end of section 22
1
Add:
2
(3) In addition to investments authorised by section 59 of the
Public
3
Governance, Performance and Accountability Act 2013
, the
4
Library may invest the following in any other form of investment:
5
(a) money accepted as a gift or bequest to the Library;
6
(b) money that the Library receives from the disposal of property
7
given, devised, bequeathed or assigned to the Library by a
8
person other than the Commonwealth;
9
(c) income received from an investment made under this
10
subsection or from the disposal of such an investment.
11
Note:
See subsection 7(3) for obligations of the Library as trustee of a trust.
12
(4) An investment under subsection (3), or the disposal of such an
13
investment, must be in accordance with a policy in force under
14
section 23.
15
12 After section 22
16
Insert:
17
23 Investment policy
18
(1) The Council may formulate a written policy in relation to the
19
following matters:
20
(a) the investment strategy of the Library;
21
(b) benchmarks and standards for assessing the performance of
22
the Library's investments;
23
(c) risk management for the Library's investments.
24
Note:
For variation and revocation, see subsection 33(3) of the
Acts
25
Interpretation Act 1901
.
26
Publication of policy
27
(2) If the Council formulates a policy under subsection (1), the
28
Council must cause a copy of the policy to be published on the
29
Library's website.
30
Investments
Schedule 1
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
9
Review of policy
1
(3) If the Council formulates a policy under subsection (1), the
2
Council must conduct periodic reviews of the policy.
3
Compliance with policy
4
(4) If the Council formulates a policy under subsection (1), the Library
5
must comply with the policy.
6
(5) A failure to comply with the policy does not affect the validity of
7
any transaction.
8
Policy not a legislative instrument
9
(6) A policy formulated under subsection (1) is not a legislative
10
instrument.
11
National Museum of Australia Act 1980
12
13 Subsection 35(2)
13
After "does not prevent investment, under", insert "subsection (3) of
14
this section or".
15
14 At the end of section 35
16
Add:
17
(3) In addition to investments authorised by section 59 of the
Public
18
Governance, Performance and Accountability Act 2013
, the
19
Museum may invest the following in any other form of investment:
20
(a) money accepted as a gift or bequest to the Museum;
21
(b) money that the Museum receives from the disposal of
22
property given, devised, bequeathed or assigned to the
23
Museum by a person other than the Commonwealth;
24
(c) income received from an investment made under this
25
subsection or from the disposal of such an investment.
26
Note:
See subsection 7(4) for obligations of the Museum as trustee of a trust.
27
(4) An investment under subsection (3), or the disposal of such an
28
investment, must be in accordance with a policy in force under
29
section 36.
30
Schedule 1
Investments
10
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
15 After section 35
1
Insert:
2
36 Investment policy
3
(1) The Council may formulate a written policy in relation to the
4
following matters:
5
(a) the investment strategy of the Museum;
6
(b) benchmarks and standards for assessing the performance of
7
the Museum's investments;
8
(c) risk management for the Museum's investments.
9
Note:
For variation and revocation, see subsection 33(3) of the
Acts
10
Interpretation Act 1901
.
11
Publication of policy
12
(2) If the Council formulates a policy under subsection (1), the
13
Council must cause a copy of the policy to be published on the
14
Museum's website.
15
Review of policy
16
(3) If the Council formulates a policy under subsection (1), the
17
Council must conduct periodic reviews of the policy.
18
Compliance with policy
19
(4) If the Council formulates a policy under subsection (1), the
20
Museum must comply with the policy.
21
(5) A failure to comply with the policy does not affect the validity of
22
any transaction.
23
Policy not a legislative instrument
24
(6) A policy formulated under subsection (1) is not a legislative
25
instrument.
26
Investments
Schedule 1
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
11
National Portrait Gallery of Australia Act 2012
1
16 Subsection 46(2)
2
After "does not prevent investment, under", insert "subsection (3) of
3
this section or".
4
17 At the end of section 46
5
Add:
6
(3) In addition to investments authorised by section 59 of the
Public
7
Governance, Performance and Accountability Act 2013
, the
8
Gallery may invest the following in any other form of investment:
9
(a) money accepted as a gift or bequest to the Gallery;
10
(b) money that the Gallery receives from the disposal of property
11
given, devised, bequeathed or assigned to the Gallery by a
12
person other than the Commonwealth;
13
(c) income received from an investment made under this
14
subsection or from the disposal of such an investment.
15
Note:
See subsection 8(3) for obligations of the Gallery as trustee of a trust.
16
(4) An investment under subsection (3), or the disposal of such an
17
investment, must be in accordance with a policy in force under
18
section 46A.
19
18 After section 46
20
Insert:
21
46A Investment policy
22
(1) The Board may formulate a written policy in relation to the
23
following matters:
24
(a) the investment strategy of the Gallery;
25
(b) benchmarks and standards for assessing the performance of
26
the Gallery's investments;
27
(c) risk management for the Gallery's investments.
28
Note:
For variation and revocation, see subsection 33(3) of the
Acts
29
Interpretation Act 1901
.
30
Schedule 1
Investments
12
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
Publication of policy
1
(2) If the Board formulates a policy under subsection (1), the Board
2
must cause a copy of the policy to be published on the Gallery's
3
website.
4
Review of policy
5
(3) If the Board formulates a policy under subsection (1), the Board
6
must conduct periodic reviews of the policy.
7
Compliance with policy
8
(4) If the Board formulates a policy under subsection (1), the Gallery
9
must comply with the policy.
10
(5) A failure to comply with the policy does not affect the validity of
11
any transaction.
12
Policy not a legislative instrument
13
(6) A policy formulated under subsection (1) is not a legislative
14
instrument.
15
19 Application provision
16
The amendments made by this Schedule apply in relation to the
17
following:
18
(a) money accepted as a gift or bequest before, on or after the
19
commencement of this item;
20
(b) money received from the disposal of property before, on or
21
after that commencement.
22
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
13
Schedule 2--Other amendments
1
2
Australian National Maritime Museum Act 1990
3
1 Subsection 8(6)
4
Repeal the subsection.
5
2 Subsections 10(4) and (5)
6
Repeal the subsections, substitute:
7
(4) If the Council has determined, in accordance with this section, that
8
material included in the national maritime collection be disposed
9
of, the Museum may dispose of that material accordingly.
10
Note:
Particulars of any such disposals must be included in the annual report
11
(see section 48).
12
(5) Subsection (4) is subject to section 47 (about restrictions on
13
financial transactions).
14
3 Section 14
15
Repeal the section.
16
4 After subsection 17(5)
17
Insert:
18
(5AA) A person must not be appointed as a member referred to in
19
paragraph (1)(a) or (c) for a period if the sum of the following
20
exceeds 9 years:
21
(a) that period;
22
(b) any periods of previous appointment of the person as a
23
member.
24
5 Subsection 23(10)
25
Omit "and shall forward a copy of those minutes to the Minister".
26
6 Division 3 of Part 3
27
Repeal the Division.
28
Schedule 2
Other amendments
14
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
7 Section 39
1
Before "The Director may", insert "(1)".
2
8 At the end of section 39
3
Add:
4
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
5
provisions relating to delegations.
6
(2) In exercising a delegated power, the delegate must comply with
7
any written directions of the Director.
8
9 Section 47
9
Repeal the section, substitute:
10
47 Restrictions on financial transactions
11
(1) The Museum must not, without the written approval of the
12
Minister:
13
(a) acquire any maritime historical material for a consideration
14
exceeding in amount or value the amount prescribed by the
15
regulations for the purposes of this paragraph; or
16
(b) dispose of any maritime historical material if the amount or
17
value of the consideration for the disposal, or the value of the
18
maritime historical material, exceeds the amount prescribed
19
by the regulations for the purposes of this paragraph; or
20
(c) acquire any property, right or privilege, other than maritime
21
historical material, for a consideration exceeding in amount
22
or value the amount prescribed by the regulations for the
23
purposes of this paragraph; or
24
(d) dispose of any property, right or privilege, other than
25
maritime historical material, if the amount or value of the
26
consideration for the disposal, or the value of the property,
27
right or privilege, exceeds the amount prescribed by the
28
regulations for the purposes of this paragraph; or
29
(e) enter into a contract for the construction of a building for the
30
Museum, being a contract under which the Museum is to pay
31
an amount exceeding the amount prescribed by the
32
regulations for the purposes of this paragraph; or
33
(f) enter into a lease of land for a period exceeding 10 years.
34
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
15
(2) An approval under subsection (1) is not a legislative instrument.
1
(3) The value of maritime historical material referred to in
2
paragraph (1)(b) is to be determined in accordance with regulations
3
made for the purposes of this subsection.
4
(4) Subsection (1) does not apply to a contract if the contract provides
5
for the supply of a service to the Museum for the day-to-day
6
operations of the Museum.
7
(5) Subsection (1) does not apply to the following:
8
(a) an investment acquired under subsection 45(3);
9
(b) the disposal of such an investment.
10
10 Section 48
11
Repeal the section, substitute:
12
48 Extra matter to be included in annual report
13
Each annual report prepared by the Council and given to the
14
Minister under section 46 of the
Public Governance, Performance
15
and Accountability Act 2013
for a period must include particulars
16
of any disposals of material included in the national maritime
17
collection under subsection 10(4) of this Act during that period.
18
11 After section 53
19
Insert:
20
53A Minister may give directions to Council
21
(1) The Minister may, by legislative instrument, give written directions
22
to the Council about the performance of its functions or the
23
exercise of its powers.
24
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
25
Legislation Act 2003
do not apply to the directions (see regulations
26
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
27
Act).
28
(2) A direction under subsection (1) must be of a general nature only.
29
(3) The Council must comply with a direction under subsection (1).
30
Schedule 2
Other amendments
16
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
53B Delegation by the Minister
1
(1) The Minister may, in writing, delegate all or any of the Minister's
2
functions or powers under this Act to:
3
(a) the Secretary of the Department; or
4
(b) an SES employee, or acting SES employee, in the
5
Department.
6
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
7
provisions relating to delegations.
8
(2) However, subsection (1) does not apply to the Minister's powers
9
under section 8, 18 or 53A.
10
(3) In performing a delegated function or exercising a delegated
11
power, the delegate must comply with any written directions of the
12
Minister.
13
12 Application and saving provisions
14
(1)
Subsection 8(6) of the
Australian National Maritime Museum Act 1990
,
15
as in force immediately before the commencement of this item,
16
continues to apply on and after that commencement in relation to a
17
delegation in force under that subsection immediately before that
18
commencement.
19
(2)
The amendment of section 10 of the
Australian National Maritime
20
Museum Act 1990
made by this Schedule applies in relation to a
21
determination made under that section on or after the commencement of
22
this item.
23
(3)
Section 14 of the
Australian National Maritime Museum Act 1990
, as in
24
force immediately before the commencement of this item, continues to
25
apply on and after that commencement in relation to a direction in force
26
under that section immediately before that commencement.
27
(4)
Subsection 17(5AA) of the
Australian National Maritime Museum Act
28
1990
, as inserted by this Schedule,
applies in relation to an appointment
29
made under subsection 17(2) of that Act on or after the commencement
30
of this item, whether a period of previous appointment referred to in
31
paragraph 17(5AA)(b) of that Act occurred before, on or after that
32
commencement.
33
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
17
(5)
The amendment of section 23 of the
Australian National Maritime
1
Museum Act 1990
made by this Schedule applies in relation to a
2
meeting held on or after the commencement of this item.
3
(6)
The amendments of section 39 of the
Australian National Maritime
4
Museum Act 1990
made by this Schedule apply in relation to a
5
delegation in force on or after the commencement of this item, whether
6
that delegation was made before, on or after that commencement.
7
(7)
The repeal and substitution of section 47 of the
Australian National
8
Maritime Museum Act 1990
made by this Schedule does not affect the
9
validity of an approval in force under that section immediately before
10
the commencement of this item.
11
(8)
Subsection 47(4) of the
Australian National Maritime Museum Act
12
1990
, as substituted by this Schedule,
applies on and after the
13
commencement of this item in relation to contracts entered into before,
14
on or after that commencement.
15
National Film and Sound Archive of Australia Act 2008
16
13 Part 5
17
Repeal the Part.
18
14 Section 39
19
Repeal the section, substitute:
20
39 Restrictions on financial transactions
21
(1) The National Film and Sound Archive of Australia must not,
22
without the written approval of the Minister:
23
(a) acquire any item for the national collection referred to in
24
paragraph 6(1)(a) for a consideration exceeding in amount or
25
value the amount prescribed by the regulations for the
26
purposes of this paragraph; or
27
(b) dispose of any item in the national collection referred to in
28
paragraph 6(1)(a) if the amount or value of the consideration
29
for the disposal, or the value of the item, exceeds the amount
30
prescribed by the regulations for the purposes of this
31
paragraph; or
32
Schedule 2
Other amendments
18
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
(c) acquire any property, right or privilege, other than an item for
1
the national collection referred to in paragraph 6(1)(a), for a
2
consideration exceeding in amount or value the amount
3
prescribed by the regulations for the purposes of this
4
paragraph; or
5
(d) dispose of any property, right or privilege, other than an item
6
in the national collection referred to in paragraph 6(1)(a), if
7
the amount or value of the consideration for the disposal, or
8
the value of the property, right or privilege, exceeds the
9
amount prescribed by the regulations for the purposes of this
10
paragraph; or
11
(e) enter into a contract for the construction of a building for the
12
National Film and Sound Archive of Australia, being a
13
contract under which the National Film and Sound Archive
14
of Australia is to pay an amount exceeding the amount
15
prescribed by the regulations for the purposes of this
16
paragraph; or
17
(f) enter into a lease of land for a period exceeding 10 years.
18
(2) An approval under subsection (1) is not a legislative instrument.
19
(3) Subsection (1) does not apply to a contract if the contract provides
20
for the supply of a service to the National Film and Sound Archive
21
of Australia for the day-to-day operations of the National Film and
22
Sound Archive of Australia.
23
(4) Subsection (1) does not apply to the following:
24
(a) an investment acquired under subsection 38(3);
25
(b) the disposal of such an investment.
26
15 After section 42
27
Insert:
28
42A Delegation by the Minister
29
(1) The Minister may, in writing, delegate all or any of the Minister's
30
functions or powers under this Act to:
31
(a) the Secretary of the Department; or
32
(b) an SES employee, or acting SES employee, in the
33
Department.
34
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
19
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
1
provisions relating to delegations.
2
(2) However, subsection (1) does not apply to the Minister's functions
3
or powers under section 11, 12, 16 or 42.
4
(3) In performing a delegated function or exercising a delegated
5
power, the delegate must comply with any written directions of the
6
Minister.
7
16 Application and saving provisions
8
(1)
The repeal and substitution of section 39 of the
National Film and
9
Sound Archive of Australia Act 2008
made by this Schedule does not
10
affect the validity of an approval in force under that section
11
immediately before the commencement of this item.
12
(2)
Subsection 39(3) of the
National Film and Sound Archive of Australia
13
Act 2008
, as substituted by this Schedule, applies on and after the
14
commencement of this item in relation to contracts entered into before,
15
on or after that commencement.
16
National Gallery Act 1975
17
17 Section 5
18
Repeal the section.
19
18 Paragraph 6(1)(b)
20
After "others,", insert "in Australia or elsewhere,".
21
19 Subsection 9(5)
22
Repeal the subsection, substitute:
23
(5) If the Council has resolved, in accordance with this section, that a
24
work of art be disposed of, the Gallery may dispose of that work of
25
art accordingly.
26
(6) Subsection (5) is subject to section 38 (about restrictions on
27
financial transactions).
28
Schedule 2
Other amendments
20
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
20 After subsection 13(3)
1
Insert:
2
(3A) A person must not be appointed as a member referred to in
3
paragraph (1)(a) or (c) for a term if the sum of the following
4
exceeds 9 years:
5
(a) that term;
6
(b) any terms of previous appointment of the person as a
7
member.
8
21 Section 15
9
Repeal the section, substitute:
10
15 Acting members
11
Acting by operation of law
12
(1) The Deputy Chair is to act as the Chair:
13
(a) during a vacancy in the office of Chair (whether or not an
14
appointment has previously been made to the office); or
15
(b) during any period, or during all periods, when the Chair:
16
(i) is absent from duty or from Australia; or
17
(ii) is, for any reason, unable to perform the duties of the
18
office.
19
Note:
For rules that apply to persons acting as the Chair, see section 33A of
20
the
Acts Interpretation Act 1901
.
21
Acting appointments
22
(2) The Council may, by written instrument, appoint a member to act
23
as the Deputy Chair during any period, or during all periods, when
24
the Deputy Chair:
25
(a) is acting as the Chair; or
26
(b) is absent from duty or from Australia; or
27
(c) is, for any reason, unable to perform the duties of the office.
28
Note:
For rules that apply to acting appointments, see sections 33AB and
29
33A of the
Acts Interpretation Act 1901
.
30
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
21
(3) The Minister may, by written instrument, appoint a person to act as
1
a member (other than as the Director, Chair or Deputy Chair):
2
(a) during a vacancy in the office of a member (whether or not
3
an appointment has previously been made to the office); or
4
(b) during any period, or during all periods, when a member:
5
(i) is acting as the Deputy Chair; or
6
(ii) is absent from duty or from Australia; or
7
(iii) is, for any reason, unable to perform the duties of the
8
office.
9
Note:
For rules that apply to acting appointments, see sections 33AB and
10
33A of the
Acts Interpretation Act 1901
.
11
22 Subsection 16(1)
12
Omit ", the deputy of a member".
13
23 Subsection 20(6)
14
Omit "7 members constitute a quorum", substitute "a quorum is
15
constituted by a majority of members".
16
24 Section 38
17
Repeal the section, substitute:
18
38 Restrictions on financial transactions
19
(1) The Gallery must not, without the written approval of the Minister:
20
(a) acquire any work of art for a consideration exceeding in
21
amount or value the amount prescribed by the regulations for
22
the purposes of this paragraph; or
23
(b) dispose of any work of art if the amount or value of the
24
consideration for the disposal, or the value of the work of art,
25
exceeds the amount prescribed by the regulations for the
26
purposes of this paragraph; or
27
(c) acquire any property, right or privilege, other than a work of
28
art, for a consideration exceeding in amount or value the
29
amount prescribed by the regulations for the purposes of this
30
paragraph; or
31
(d) dispose of any property, right or privilege, other than a work
32
of art, if the amount or value of the consideration for the
33
Schedule 2
Other amendments
22
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
disposal, or the value of the property, right or privilege,
1
exceeds the amount prescribed by the regulations for the
2
purposes of this paragraph; or
3
(e) enter into a contract for the construction of a building for the
4
Gallery, being a contract under which the Gallery is to pay an
5
amount exceeding the amount prescribed by the regulations
6
for the purposes of this paragraph; or
7
(f) enter into a lease of land for a period exceeding 10 years.
8
(2) An approval under subsection (1) is not a legislative instrument.
9
(3) Subsection (1) does not apply to a contract if the contract provides
10
for the supply of a service to the Gallery for the day-to-day
11
operations of the Gallery.
12
(4) Subsection (1) does not apply to the following:
13
(a) an investment acquired under subsection 37(3);
14
(b) the disposal of such an investment.
15
25 After section 45
16
Insert:
17
45A Minister may give directions to the Council
18
(1) The Minister may, by legislative instrument, give written directions
19
to the Council about the performance of its functions or the
20
exercise of its powers.
21
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
22
Legislation Act 2003
do not apply to the directions (see regulations
23
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
24
Act).
25
(2) A direction under subsection (1) must be of a general nature only.
26
(3) The Council must comply with a direction under subsection (1).
27
45B Delegation by the Minister
28
(1) The Minister may, in writing, delegate all or any of the Minister's
29
functions or powers under this Act to:
30
(a) the Secretary of the Department; or
31
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
23
(b) an SES employee, or acting SES employee, in the
1
Department.
2
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
3
provisions relating to delegations.
4
(2) However, subsection (1) does not apply to the Minister's powers
5
under section 8, 15, 33 or 45A.
6
(3) In performing a delegated function or exercising a delegated
7
power, the delegate must comply with any written directions of the
8
Minister.
9
26 Application and saving provisions
10
(1)
The amendment of section 9 of the
National Gallery Act 1975
made by
11
this Schedule applies where the Council resolves, on or after the
12
commencement of this item, that a work of art be disposed of.
13
(2)
Subsection 13(3A) of the
National Gallery Act 1975
, as inserted by this
14
Schedule,
applies in relation to an appointment made under
15
subsection 13(2) of that Act on or after the commencement of this item,
16
whether a term of previous appointment referred to in
17
paragraph 13(3A)(b) of that Act occurred before, on or after that
18
commencement.
19
(3)
The repeal and substitution of section 38 of the
National Gallery Act
20
1975
made by this Schedule does not affect the validity of an approval
21
in force under that section immediately before the commencement of
22
this item.
23
(4)
Subsection 38(3) of the
National Gallery Act 1975
, as substituted by
24
this Schedule, applies on and after the commencement of this item in
25
relation to contracts entered into before, on or after that commencement.
26
National Library Act 1960
27
27 Section 7A
28
Repeal the section.
29
28 After subsection 10(5)
30
Insert:
31
Schedule 2
Other amendments
24
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
(5A) A person must not be appointed as a member referred to in
1
paragraph (2)(c) for a period if the sum of the following exceeds 9
2
years:
3
(a) that period;
4
(b) any periods of previous appointment of the person as a
5
member.
6
29 Paragraph 15(1)(c)
7
Repeal the paragraph.
8
30 After subsection 15(1)
9
Insert:
10
(1A) If a member elected by either House of the Parliament ceases to be
11
a member of that House, he or she ceases to be a member of the
12
Council.
13
31 Subsection 15(2)
14
Omit "paragraph (1)(c)", substitute "subsection (1A)".
15
32 Subsection 16(6)
16
Omit "5 members constitute a quorum", substitute "a quorum is
17
constituted by a majority of members".
18
33 Subsections 17(5) to (8)
19
Repeal the subsections.
20
34 Before section 26
21
Insert:
22
24 Restrictions on financial transactions
23
(1) The Library must not, without the written approval of the Minister:
24
(a) acquire any library material for a consideration exceeding in
25
amount or value the amount prescribed by the regulations for
26
the purposes of this paragraph; or
27
(b) dispose of any library material if the amount or value of the
28
consideration for the disposal, or the value of the library
29
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
25
material, exceeds the amount prescribed by the regulations
1
for the purposes of this paragraph; or
2
(c) acquire any property, right or privilege, other than library
3
material, for a consideration exceeding in amount or value
4
the amount prescribed by the regulations for the purposes of
5
this paragraph; or
6
(d) dispose of any property, right or privilege, other than library
7
material, if the amount or value of the consideration for the
8
disposal, or the value of the property, right or privilege,
9
exceeds the amount prescribed by the regulations for the
10
purposes of this paragraph; or
11
(e) enter into a contract for the construction of a building for the
12
Library, being a contract under which the Library is to pay an
13
amount exceeding the amount prescribed by the regulations
14
for the purposes of this paragraph; or
15
(f) enter into a lease of land for a period exceeding 10 years.
16
(2) An approval under subsection (1) is not a legislative instrument.
17
(3) Subsection (1) does not apply to a contract if the contract provides
18
for the supply of a service to the Library for the day-to-day
19
operations of the Library.
20
(4) Subsection (1) does not apply to the following:
21
(a) an investment acquired under subsection 22(3);
22
(b) the disposal of such an investment.
23
25 Annual report
24
Each annual report prepared by the Council and given to the
25
Minister under section 46 of the
Public Governance, Performance
26
and Accountability Act 2013
for a period must include a statement
27
relating to disposals of library material during the period.
28
35 After section 27B
29
Insert:
30
Schedule 2
Other amendments
26
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
27C Minister may give directions to Council
1
(1) The Minister may, by legislative instrument, give written directions
2
to the Council about the performance of its functions or the
3
exercise of its powers.
4
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
5
Legislation Act 2003
do not apply to the directions (see regulations
6
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
7
Act).
8
(2) A direction under subsection (1) must be of a general nature only.
9
(3) The Council must comply with a direction under subsection (1).
10
27D Delegation by the Minister
11
(1) The Minister may, in writing, delegate all or any of the Minister's
12
functions or powers under this Act to:
13
(a) the Secretary of the Department; or
14
(b) an SES employee, or acting SES employee, in the
15
Department.
16
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
17
provisions relating to delegations.
18
(2) However, subsection (1) does not apply to the Minister's powers
19
under section 11 or 27C.
20
(3) In performing a delegated function or exercising a delegated
21
power, the delegate must comply with any written directions of the
22
Minister.
23
36 Application and saving provisions
24
(1)
The repeal of section 7A of the
National Library Act 1960
made by this
25
Schedule does not affect the validity of an approval in force under that
26
section immediately before the commencement of this item.
27
(2)
Subsection 10(5A) of the
National Library Act 1960
, as inserted by this
28
Schedule,
applies in relation to an appointment made under
29
paragraph 10(2)(c) of that Act on or after the commencement of this
30
item, whether a period of previous appointment referred to in
31
paragraph 10(5A)(b) of that Act occurred before, on or after that
32
commencement.
33
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
27
(3)
Subsection 24(3) of the
National Library Act 1960
, as inserted by this
1
Schedule, applies on and after the commencement of this item in
2
relation to contracts entered into before, on or after that commencement.
3
(4)
Section 25 of the
National Library Act 1960
, as inserted by this
4
Schedule, applies in relation to an annual report for a period ending
5
after the commencement of this item, where the disposals occurred at
6
any time during that period.
7
National Museum of Australia Act 1980
8
37 Subsection 3(1) (definition of
deputy part-time member
)
9
Repeal the definition.
10
38 Subsection 9(4)
11
Repeal the subsection, substitute:
12
(4) If the Council has resolved, in accordance with this section, that
13
historical material be disposed of, the Museum may dispose of that
14
historical material accordingly.
15
Note:
Particulars of any such disposals must be included in the annual report
16
(see section 38).
17
(5) Subsection (4) is subject to section 37 (about restrictions on
18
financial transactions).
19
39 Subsection 9A(3)
20
Repeal the subsection, substitute:
21
(3) If the Council has resolved, in accordance with this section, that
22
historical material be disposed of, the Museum may dispose of that
23
historical material accordingly.
24
Note:
Particulars of any such disposals must be included in the annual report
25
(see section 38).
26
(4) Subsection (3) is subject to section 37 (about restrictions on
27
financial transactions).
28
40 Section 12
29
Repeal the section.
30
Schedule 2
Other amendments
28
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
41 After subsection 13(3)
1
Insert:
2
(3A) A person must not be appointed as a member referred to in
3
paragraph (1)(a) or (c) for a term if the sum of the following
4
exceeds 9 years:
5
(a) that term;
6
(b) any terms of previous appointment of the person as a
7
member.
8
42 Section 15
9
Repeal the section, substitute:
10
15 Acting members
11
Acting by operation of law
12
(1) The Deputy Chair is to act as the Chair:
13
(a) during a vacancy in the office of Chair (whether or not an
14
appointment has previously been made to the office); or
15
(b) during any period, or during all periods, when the Chair:
16
(i) is absent from duty or from Australia; or
17
(ii) is, for any reason, unable to perform the duties of the
18
office.
19
Note:
For rules that apply to persons acting as the Chair, see section 33A of
20
the
Acts Interpretation Act 1901
.
21
Acting appointments
22
(2) The Council may, by written instrument, appoint a member to act
23
as the Deputy Chair during any period, or during all periods, when
24
the Deputy Chair:
25
(a) is acting as the Chair; or
26
(b) is absent from duty or from Australia; or
27
(c) is, for any reason, unable to perform the duties of the office.
28
Note:
For rules that apply to acting appointments, see sections 33AB and
29
33A of the
Acts Interpretation Act 1901
.
30
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
29
(3) The Minister may, by written instrument, appoint a person to act as
1
a member (other than as the Director, Chair or Deputy Chair):
2
(a) during a vacancy in the office of a member (whether or not
3
an appointment has previously been made to the office); or
4
(b) during any period, or during all periods, when a member:
5
(i) is acting as the Deputy Chair; or
6
(ii) is absent from duty or from Australia; or
7
(iii) is, for any reason, unable to perform the duties of the
8
office.
9
Note:
For rules that apply to acting appointments, see sections 33AB and
10
33A of the
Acts Interpretation Act 1901
.
11
43 Paragraphs 16(1)(a) and (b)
12
Repeal the paragraphs, substitute:
13
(a) a part-time member; or
14
44 Subsection 20(6)
15
Omit "7 members constitute a quorum", substitute "a quorum is
16
constituted by a majority of members".
17
45 At the end of section 32
18
Add:
19
(3) The Director may, in writing, delegate the Director's powers under
20
this section to an SES employee, or acting SES employee, of the
21
Museum.
22
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
23
provisions relating to delegations.
24
(4) In exercising a delegated power, the delegate must comply with
25
any written directions of the Director.
26
46 Section 37
27
Repeal the section, substitute:
28
37 Restrictions on financial transactions
29
(1) The Museum must not, without the written approval of the
30
Minister:
31
Schedule 2
Other amendments
30
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
(a) acquire any historical material for a consideration exceeding
1
in amount or value the amount prescribed by the regulations
2
for the purposes of this paragraph; or
3
(b) dispose of any historical material if the amount or value of
4
the consideration for the disposal, or the value of the
5
historical material, exceeds the amount prescribed by the
6
regulations for the purposes of this paragraph; or
7
(c) acquire any property, right or privilege, other than historical
8
material, for a consideration exceeding in amount or value
9
the amount prescribed by the regulations for the purposes of
10
this paragraph; or
11
(d) dispose of any property, right or privilege, other than
12
historical material, if the amount or value of the
13
consideration for the disposal, or the value of the property,
14
right or privilege, exceeds the amount prescribed by the
15
regulations for the purposes of this paragraph; or
16
(e) enter into a contract for the construction of a building for the
17
Museum, being a contract under which the Museum is to pay
18
an amount exceeding the amount prescribed by the
19
regulations for the purposes of this paragraph; or
20
(f) enter into a lease of land for a period exceeding 10 years.
21
(2) An approval under subsection (1) is not a legislative instrument.
22
(3) Subsection (1) does not apply to a contract if the contract provides
23
for the supply of a service to the Museum for the day-to-day
24
operations of the Museum.
25
(4) Subsection (1) does not apply to the following:
26
(a) an investment acquired under subsection 35(3);
27
(b) the disposal of such an investment.
28
47 After section 41
29
Insert:
30
41A Minister may give directions to Council
31
(1) The Minister may, by legislative instrument, give written directions
32
to the Council about the performance of its functions or the
33
exercise of its powers.
34
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
31
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
1
Legislation Act 2003
do not apply to the directions (see regulations
2
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
3
Act).
4
(2) A direction under subsection (1) must be of a general nature only.
5
(3) The Council must comply with a direction under subsection (1).
6
48 Section 42
7
Repeal the section, substitute:
8
42 Delegation by the Minister
9
(1) The Minister may, in writing, delegate all or any of the Minister's
10
functions or powers under this Act to:
11
(a) the Secretary of the Department; or
12
(b) an SES employee, or acting SES employee, in the
13
Department.
14
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
15
provisions relating to delegations.
16
(2) However, subsection (1) does not apply to the Minister's functions
17
or powers under section 8, 15 or 41A.
18
(3) In performing a delegated function or exercising a delegated
19
power, the delegate must comply with any written directions of the
20
Minister.
21
49 Application and saving provisions
22
(1)
The amendments of sections 9 and 9A of the
National Museum of
23
Australia Act 1980
made by this Schedule apply where the Council
24
resolves, on or after the commencement of this item, that historical
25
material be disposed of.
26
(2)
Section 12 of the
National Museum of Australia Act 1980
, as in force
27
immediately before the commencement of this item, continues to apply
28
on and after that commencement in relation to a direction in force under
29
that section immediately before that commencement.
30
(3)
Subsection 13(3A) of the
National Museum of Australia Act 1980
, as
31
inserted by this Schedule,
applies in relation to an appointment made
32
Schedule 2
Other amendments
32
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
under subsection 13(2) of that Act on or after the commencement of this
1
item, whether a term of previous appointment referred to in
2
paragraph 13(3A)(b) of that Act occurred before, on or after that
3
commencement.
4
(4)
The repeal and substitution of section 37 of the
National Museum of
5
Australia Act 1980
made by this Schedule does not affect the validity of
6
an approval in force under that section immediately before the
7
commencement of this item.
8
(5)
Subsection 37(3) of the
National Museum of Australia Act 1980
, as
9
substituted by this Schedule, applies on and after the commencement of
10
this item in relation to contracts entered into before, on or after that
11
commencement.
12
National Portrait Gallery of Australia Act 2012
13
50 At the end of Part 3
14
Add:
15
29A Delegation by the Board
16
(1) The Board may, in writing, delegate its powers under section 11 to:
17
(a) the Director; or
18
(b) a Board member; or
19
(c) an SES employee, or acting SES employee, of the Gallery.
20
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
21
provisions relating to delegations.
22
(2) In exercising a delegated power, the delegate must comply with
23
any written directions of the Board.
24
(3) The delegation continues in force despite a change in the
25
membership of the Board.
26
(4) The delegation may be varied or revoked by the Board (whether or
27
not there has been a change in the membership of the Board).
28
51 Part 5
29
Repeal the Part.
30
Other amendments
Schedule 2
No. , 2020
National Collecting Institutions Legislation Amendment Bill 2020
33
52 Section 47
1
Repeal the section, substitute:
2
47 Restrictions on financial transactions
3
(1) The Gallery must not, without the written approval of the Minister:
4
(a) acquire any portrait, another work of art or related material
5
for a consideration exceeding in amount or value the amount
6
prescribed by the regulations for the purposes of this
7
paragraph; or
8
(b) dispose of any portrait, another work of art or related material
9
if the amount or value of the consideration for the disposal,
10
or the value of the portrait, other work of art or related
11
material, exceeds the amount prescribed by the regulations
12
for the purposes of this paragraph; or
13
(c) acquire any property, right or privilege, other than a portrait,
14
another work of art or related material, for a consideration
15
exceeding in amount or value the amount prescribed by the
16
regulations for the purposes of this paragraph; or
17
(d) dispose of any property, right or privilege, other than a
18
portrait, another work of art or related material, if the amount
19
or value of the consideration for the disposal, or the value of
20
the property, right or privilege, exceeds the amount
21
prescribed by the regulations for the purposes of this
22
paragraph; or
23
(e) enter into a contract for the construction of a building for the
24
Gallery, being a contract under which the Gallery is to pay an
25
amount exceeding the amount prescribed by the regulations
26
for the purposes of this paragraph; or
27
(f) enter into a lease of land for a period exceeding 10 years.
28
(2) An approval under subsection (1) is not a legislative instrument.
29
(3) Subsection (1) does not apply to a contract if the contract provides
30
for the supply of a service to the Gallery for the day-to-day
31
operations of the Gallery.
32
(4) Subsection (1) does not apply to the following:
33
(a) an investment acquired under subsection 46(3);
34
(b) the disposal of such an investment.
35
Schedule 2
Other amendments
34
National Collecting Institutions Legislation Amendment Bill 2020
No. , 2020
53 Application and saving provisions
1
(1)
The repeal and substitution of section 47 of the
National Portrait
2
Gallery of Australia Act 2012
made by this Schedule does not affect the
3
validity of an approval in force under that section immediately before
4
the commencement of this item.
5
(2)
Subsection 47(3) of the
National Portrait Gallery of Australia Act 2012
,
6
as substituted by this Schedule, applies on and after the commencement
7
of this item in relation to contracts entered into before, on or after that
8
commencement.
9