Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL GALLERY AMENDMENT REGULATIONS 1998 (NO. 1) 1998 NO. 376

Statutory Rules 1998 No. 376

Issued by the Authority of the Minister for Communications, Information Technology and the Arts

National Gallery Act 1975

National Gallery Amendment Regulations 1998 (No. 1)

Background

Section 46 of the National Gallery Act 1975 (the Act) provides for the Governor-General to make regulations under the Act. In particular, paragraph 46(b) provides for fixing charges for entry onto any land, or into any building owned by, or under the control of, the National Gallery of Australia (the Gallery). The Act establishes and regulates the operations of the Gallery.

The purposes of the amendments to the National Gallery Regulations (the Regulations) are to remove the general entry charge to the Gallery, to raise the prescribed limits above which Ministerial approval for acquisitions, disposals and the entering of contracts relating to construction of a building is required and to update the Regulations to reflect revised arrangements for security at the Gallery.

The removal of the general entry charge is intended to improve access by the general public to the Gallery's general collection, bring the Gallery's charging system in line with other national and international Galleries and encourage donors to donate to a collection that will be readily accessible for the public.

The purpose of increasing the prescribed limits applying to acquisitions and disposals and construction contracts is to extend the Gallery's authority in relation to the management of its budget, particularly in relation to the acquisition of significant works of art. The Regulation will enable the Gallery to make major purchases without the need to obtain Ministerial approval.

The amendments to reflect revised arrangements for security at the Gallery are intended to update the issuing and format of security officer identity cards, including vesting the power to issue such an identity card in the Director of the Gallery or a person authorised by him, rather than (as currently) in the Council of the Gallery. The amendments also extend the operation of the regulations to the Gallery's storage facility at Hume ACT, and make consequential changes to the Regulations, including to the arrangements for people to deposit items at a designated place in a Gallery building. In addition, the amendments omit the provision that made it an offence to carry or wear an overcoat in a Gallery building. This change is intended to reflect contemporary practice. The amendments are also intended to update the exemption for guide dogs from the prohibition on the taking of animals into the Gallery. The exemption will extend to guide dogs used by hearing impaired people.

Schedule 1 relates to the removal of the general entry charge to the National Gallery of Australia (the Gallery). 22 October 1998 was the day on which the Gallery in fact ceased to charge for entry to its general collection. Subsection 48(2) of the Acts Interpretation Act 1901 provides that a provision of regulations is of no effect if, apart from that subsection, it would take effect before the date of notification and would either affect a person's (other than the Commonwealth or an authority of the Commonwealth) rights to their disadvantage or impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of notification. It is considered that the retrospective operation of the regulations will neither disadvantage any person nor impose a liability on any person.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

DETAILS OF AMENDMENTS

Regulation 1 - Name of regulations

The regulation provides that the proposed Regulations are the National Gallery Amendment Regulations 1998 (No. 1).

Regulation 2 - Commencement

The regulation provides that the proposed regulations 1 to 3 and Schedule 1 are taken to have commenced on 22 October 1998 and Schedule 2 commences on gazettal.

Regulation 3 - Amendment of National Gallery Regulations

The regulation provides that Schedules 1 and 2 amend the National Gallery Regulations.

Schedule 1 - Amendment of National Gallery Regulations commencing on 22 October 1998

Item 1 - Regulation 4

This item substitutes all of regulation 4 of the National Gallery Regulations with new regulation 4.

New subregulation 4(1) provides that there is no charge for entry to the Gallery or onto Gallery land. The effect of this proposed regulation is to remove the general charge for entry to the Gallery.

New subregulation 4(2) is intended to make it clear that the removal of the general entry charge will not prevent the Gallery from continuing to charge for entry into selected special exhibitions and other special events in accordance with paragraph 7(2)(gb) of the National Gallery Act 1975 (the Act).

Schedule 2 - Amendment of National Gallery Regulations commencing on gazettal

Item 1 - Regulation 1

This item substitutes regulation 1 of the National Gallery Regulations with a regulation to provide that the National Gallery Regulations are the National Gallery Regulations 1982. This is to update the style of citation of the National Gallery Regulations.

Item 2 - Regulation 2. definitions of certificate, exhibition areas and opening hours

This item omits the definitions of "certificate", "exhibition areas" and "opening hours" from regulation 2. As a consequence of the proposed amendment to regulation 4 at item 1 of schedule 1, these terms are no longer used in the regulations.

Item 3 - Regulation 2. definitions of Gallery building and Gallery land

This item substitutes new definitions of "Gallery building" and "Gallery land" in regulation 2 of the National Gallery Regulations to include the Gallery's land and storage building located at Hume, Australian Capital Territory. The purpose of the proposed amendment is to ensure that the regulations extend to activities. at the Hume site.

Item 4 - Regulation 3

This item omits the whole of regulation 3 of the National Gallery Regulations 1982 and substitutes a new regulation 3.

New subregulation 3 (1) prescribes a higher amount of 10 million dollars for the purposes of paragraph 38(1)(a) of the Act. That paragraph provides that the Gallery shall not, without the approval of the Minister, acquire any work of art for a consideration exceeding $450,000 or, if a higher amount in prescribed, that higher amount.

The purpose of new subregulation 3(1) is to extend the Gallery's authority in relation to the acquisition of significant works of art, to enable it to make major purchases without the need to obtain Ministerial approval.

New subregulation 3(2) prescribes a higher amount of one million dollars for the purposes of paragraphs 38(1)(b), 38(1)(c) and 38(1)(d) of the Act. Paragraphs 38(1)(b) and 38(1)(c) provide that the gallery shall not, without the approval of the Minister, acquire any property, right or privilege, other than works of art, or dispose of any property, right or privilege other than a work of art, for a consideration exceeding $250,000 or, if a higher amount is prescribed, that higher amount. Paragraph 38(1)(d) provides that the Gallery shall not, without the approval of the Minister, enter into a contract for the construction of a building being a contract under which the Gallery is to pay an amount exceeding $100,000 or, if a higher amount is prescribed, that higher amount.

The purpose of new subregulation 3(2) is to extend the Gallery's authority in relation to the acquisition and disposal of property, rights or privileges and to enter into a contract for the construction of a building, to extend the Gallery's discretion in the management of its budget without the need to obtain Ministerial approval.

Item 5 - Subregulation 5(1)

This item omits "Council" in subregulation 5(1) of the National Gallery Regulations 1982 and inserts "Director". This empowers the Director to appoint, by instrument in writing, a person as a security officer for the Gallery. This proposed amendment is intended to ensure that matters considered part of the day-to-day administration of the Gallery, such as employment of security officers, is part of the role and responsibility of the Director.

Item Six - Subregulations 5(2), 5(3) and 5(4)

This item omits subregulations 5(2), 5(3) and 5(4) of the National Gallery Regulations 1982 and substitutes new subregulations 5(2), 5(3), 5(4) and 5(5). New regulation 5 will consist of the amended subregulation 5(1), at item 5 of Schedule 2, substituted subregulations 5(2), 5(3) and 5(4) and new subregulation 5(5).

New subregulation 5(2) makes it mandatory for the Director, or a person authorised by the Director, to issue an identity card to each person appointed as a security officer under the Act.

New subregulation 5(31) provides that the identity card must include the following: a recent photograph of the security officer; their full name; the year when the card was issued; a statement that the person has been appointed as a security officer under subregulation 5(1); the signature of the person; and the signature of the person who issued the card.

New subregulation 5(4) requires the return of the identity card to the Director, or a person authorised by the Director, if a person ceases to be a security officer.

New subregulation 5(5) requires a security officer to produce their identity card for inspection at the request of a person if they are exercising their powers under these regulations.

The purpose of the proposed amendments is to update the issuing and format of the security officer identity card and to maximise the Gallery's flexibility in the design of the identity cards.

Item 7 - Paragraph 6(2)(a)

New paragraph 6(2)(a) omits "the Gallery building or the Gallery land" and inserts "a Gallery building or Gallery land". The definite article "the" is omitted and replaced with the indefinite article "a" before Gallery building. This proposed amendment is a consequence of changes to item 3 of schedule 2 which provided for the definition of "Gallery land" in regulation 2.

Item 8 - Paragraph 7(1)(e)

New paragraph 7(1)(e) omits the reference to "counter in the Gallery building made available" and replaces it with "at the place in the Gallery building designated". New paragraph 7(1)(e) makes it an offence to fail to deposit a prescribed article at the place in the relevant Gallery building designated by the Council for the purpose. The paragraph, as amended, refers to a designated place rather than a counter. This change was necessary as a consequence of the proposed amendment at item 3 of schedule 2 to regulation 2, that included additional Gallery property in the definition of Gallery land, and is necessary because the Gallery building at Hume does not have a counter.

Item 9 - Subregulation 7(3)

This item omits subregulation 7(3) of the National Gallery Regulations 1982 and substitutes new subregulation 7(3). New subregulation 7(3) states that paragraph 7(2)(a) does not apply to:

(a) a person with a hearing or visual impairment who is taking his or her guide dog into a Gallery building; or (b) a person who is taking a guide dog into a Gallery building for a person with a hearing or visual impairment.

New paragraph 7(2)(a) provides that a person shall not cause or permit an animal belonging to the person or in his charge to enter or remain in a Gallery building. The purpose of this proposed amendment is to update the language of the exemption and extend it to apply to hearing impaired persons, some of whom have guide dogs.

Item 10 - Paragraph 7(5)(a)

This item omits paragraph 7(5)(a) from the National Gallery Regulations 1982. Paragraph 7(5)(a) stated that an overcoat is a prescribed article for the purposes of paragraph 7(1)(e). Regulation 7 deals with offences under the Regulations. New paragraph 7(1)(e) states that a person shall not, where 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. It was therefore an offence to carry an overcoat in the Gallery building. This paragraph has been omitted to reflect the contemporary practice of allowing patrons to carry or wear overcoats within a Gallery building.

Item 11 - Subregulation 7A(2)

This item omits the reference to "the Gallery building and forthwith depositing it at the counter referred to in paragraph 7(1)(e)" and inserts "a Gallery building and promptly depositing it at the place in the Gallery building mentioned in paragraph 7(1)(e)." Paragraph 7A(1) makes it an offence to carry or use a camera in a Gallery building without consent from the Council. Paragraph 7A(2) however, makes an allowance for people to deposit a camera or associated items at the place in the Gallery building mentioned in paragraph 7(1)(e). Paragraph 7(1)(e) states that a person can deposit prescribed articles, and other items, at the place in the Gallery building made available by the Council for the purpose. This proposed amendment is a consequence of the changes to paragraph 7(1)(e) in item 8 of schedule 2 which now allows patrons to deposit items at a designated place in all Gallery premises.

Item 12 - Regulation 17

This item omits regulation 17 from the National Gallery Regulations. Regulation 17 provided for the delegation by the Council of its powers. This regulation is omitted because it is not required as the Council's powers of delegation derive from section 22 of the Act

Item 13 - Schedule

This item omits the Schedule from the National Gallery Regulations. Subregulation 5(2) required the Security officers to have a certificate in the form set out in the schedule. New subregulation 5(3), provides for the format of the security officer identity card.

Item 14 - Additional Amendments

This item changes paragraph 6(3)(a); subregulation 7(1)[opening words]; paragraphs 7(2)(a), 7(2)(b), 7(2)(c), 7(2)(d), 7(2)(e) and 7(2)(f); subregulation 7(4); subregulation 7A(1); subregulation 8(1); subregulation 9(1); subregulation 10(1); paragraph 13(a) regulation 14 and regulation 15 by omitting "the" Gallery building" and inserting '4a Gallery building" wherever occurring in the listed provision. As set out in item 7 of Schedule 2, this proposed amendment omits the definitive article "the" before Gallery building and replaces it with the indefinite article "a" before Gallery building, as a consequence of changes to the definition of "Gallery land" in regulation 2.