Commonwealth Numbered Regulations

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 337 - SCHEDULE 2

(regulation 4)

[1] Regulation 7

substitute

7 Offences

(1)

A person must not, in a Gallery building or on Gallery land:

(a)

touch, interfere with or engage in conduct that damages a work of art; or

(b)

fail to obey a direction of a security officer given in the exercise of his or her powers under these Regulations; or

(c)

engage in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public if the person does not have the consent in writing of the Council; or

(d)

fail to obey a notice displayed in the Gallery building or on Gallery land that is issued by the authority of the Council and bears a statement to that effect; or

(e)

if the person is carrying a prescribed article — fail to deposit the prescribed article at the place in the Gallery building designated by the Council for the purpose.

Penalty:
5 penalty units.

(2)

Strict liability applies to paragraphs (1) (b), (d) and (e).

(3) A person must not:

(a)

allow an animal belonging to the person or in his or her charge to enter or remain in a Gallery building if the animal is not a guide dog for a person with a hearing or visual impairment; or

(b)

attach any article to, write upon or engage in conduct that defaces a Gallery building or any wall or fence on Gallery land; or

(c)

bring any food or liquid that is not medication into a Gallery building; or

(d)

consume any food or drink that is not medication within a Gallery building in an area that is not set aside by the Council for that purpose; or

(e)

smoke in an area of a Gallery building that is not an area in which smoking is permitted; or

(f)

enter, or remain in, an area of a Gallery building or of Gallery land if:

(i)

a properly placed notice declares that that area is not open to the public; and

(ii)

the person does not have the consent of the Council or a person authorised by the Council to give consents for this paragraph.

Penalty:
5 penalty units.

(4)

In this regulation:

"prescribed article" means:

(a)

an umbrella, an aerosol container or any other article that is capable of being used to damage a work of art; and

(b)

a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.

"properly placed notice" means a notice that:

(a)

was issued by the authority of the Council and bears a statement to that effect; and

(b)

is clearly displayed at the entrance to the area of the Gallery building or Gallery land to which it relates.

[2] Regulation 7A

substitute

7A Photographic equipment

(1)

A person who does not have the consent in writing of the Council or a person authorised by the Council to give consents for this subregulation must not have in his or her possession, or use, a camera or associated equipment in a Gallery building.

Penalty:
5 penalty units.

(2)

Subregulation (1) does not prohibit a person from bringing a camera or an item of associated equipment into a Gallery building and promptly depositing it at the place in the Gallery building mentioned in paragraph 7 (1) (e).

[3] Subregulation 8 (2)

substitute

(2)

A person to whom a direction under subregulation (1) is given must comply with the direction.

Penalty:
5 penalty units.

(3)

Strict liability applies to subregulation (2).

(4)

It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[4] Regulation 10

substitute

10 Sale of liquor

(1)

A person who does not hold an authority must not sell or supply liquor to a person in a Gallery building.

(2)

The holder of an authority must not sell or supply liquor if the sale or supply is not in accordance with the authority.

Penalty:
5 penalty units.

[5] Subregulation 12 (2)

substitute

(2)

If a person to whom liquor was sold or supplied was not less than 16 years of age, it is a defence to a prosecution for an offence against subregulation (1) that the holder of the authority had reasonable grounds for believing that the person was not less than 18 years of age.

Note
A defendant bears an evidential burden in relation to having had reasonable grounds for the belief (see section 13.3 of the Criminal Code ).

[6] Regulation 15

substitute

15 Persons under 18 years not to enter certain parts of Gallery building
A person who has not attained the age of 18 years must not enter that part of a Gallery building to which an authority relates if the person is not in the care of a responsible adult.

Penalty:
5 penalty units.

[7] Further amendments — conversion of references to penalties to penalty units and increase in penalties

The penalty at the foot of each of the following provisions is amended by omitting `$100' and inserting `5 penalty units':

* regulation 11
* subregulation 12 (1)
* regulation 13
* regulation 14
* regulation 16.

[8] Further amendments

The following provisions are amended by omitting `shall' and inserting `must':

* subregulation 9 (2)
* regulation 11
* subregulation 12 (1)
* regulation 13
* regulation 14
* regulation 16.