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NATIONAL MUSEUM OF AUSTRALIA REGULATIONS 2000 2000 NO. 326
EXPLANATORY STATEMENTSTATUTORY RULES 2000 No. 326
Issued by the Authority of the Minister for the Arts and the Centenary of Federation
National Museum of Australia Act 1980
National Museum of Australia Regulations 2000
Section 44 of the National Museum of Australia Act 1980 (the Act) provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 37(1) of the Act provides that the regulations may prescribe a higher amount than $250,000 as the amount that the Museum may, without the approval of the Minister, enter into a contract for the acquisition of any historical material, or any other kind of contract.
Subsection 41 (1) of the Act provides that the regulations may make provision for the sale, supply, disposal, possession or control of liquor on premises in the Australian Capital Territory owned by or under the control of the Museum.
The purpose of the Regulations is to:
1. repeal the National Museum of Australia Regulations, made in 1986; and
2. replace those Regulations with new Regulations suitable for the new Museum which is due to open in March 2001.
The Regulations previously made provision in relation to a number of the proposed activities. However, the Regulations did not deal with the extended range of activities in which the Museum wished to engage consistent with a fully operational national cultural institution. The Regulations have been amended to reflect the additional operations and procedures and have been updated to conform with the new style for regulations.
The Regulations provide for:
* the Director of the Museum to determine charges for entry (Part 3);
* authorisation of the supply of liquor on Museum premises in the Australian Capital Territory (Part 4);
* restrictions on the use of cameras (Part 5);
* the appointment of persons to carry out security functions (Part 6);
* a range of offences (Part 7);
* a new $1m limit on the value of contracts that may be entered into by the Museum without Ministerial approval (Part 8); and
* the Director of the Museum to delegate any of his or her powers under the Regulations (Part 8).
Details of the Regulations are set out in the Attachment.
The Regulations will commence on gazettal.
ATTACHMENT
Part 1 - Preliminary
Regulation 1 - Name of Regulations
Regulation 1 provides that the Regulations are named the National Museum of Australia Regulations 2000.
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commence on gazettal in the Commonwealth Gazette.
Regulation 3 - Definitions
Regulation 3 provides definitions of terms used in the Regulations.
Regulation 4 - National Museum of Australia Regulations - repeal
Regulation 4 provides that the National Museum of Australia Regulations, Statutory Rules 1986 No. 217, are repealed.
Part 2 - Land and Buildings
Regulation 5 - Museum land
Regulation 5 provides that land made available to the Museum for the purposes of the Museum pursuant to subsection 8(1) of the National Museum of Australia Act 1980 (the Act) and land under the control of the Museum as indicated by Notices placed by the authority of the Director, is Museum land. Subsection 8(1) of the Act provides that the Minister may make available to the Museum for the purposes of the Museum such land as is specified by the Minister by notice in the Gazette and any building, structure or other improvements on that land.
The definition of Museum land is central to the regulations in relation to entry charges, the powers of authorised officers and offences against the Regulations.
Regulation 6 - Museum buildings
Regulation 6 provides when a building, or part of a building, is a Museum building. A building is a Museum building if it is erected on Museum land, and used, or intended to be used, for the display of Museum material (as defined in regulation 3). A building or part of a building is also a Museum building if it is owned or under the control of the Museum for the purpose of displaying or storing Museum material.
The definition of Museum buildings is central to the regulations in relation to entry charges, the powers of authorised officers and offences against the Regulations.
Part 3 - Charges
Regulation 7 - Charges
Regulation 7 deals with entry charges to the Museum.
Subregulation 7(1) provides that the Director of the Museum may determine charges for entry to Museum land, a Museum building, or an exhibition, program or any other event that is held on Museum land or in a Museum building.
Subregulation 7(2) provides that the Director may determine different charges for different types of persons (including groups of persons), or a single charge for entry to Museum land or a Museum building, or an exhibition, program or any other event that is held on the land or in the building.
Subregulation 7(3) provides that the Director may reduce or waive an entry charge that is payable by any person or group for the purpose of encouraging people to visit the Museum, or promoting access to the Museum for educational or disadvantaged groups.
Part 4 - Authority to supply liquor
Regulation 8 - Authority
Regulation 8 deals with the authority to supply liquor. If the Director authorises the supply of liquor under regulation 8 a liquor licence need not be obtained by a person supplying liquor on Museum premises.
Subregulation 8(1) provides that the Director may, in writing, authorise the supply of liquor on ACT premises. The term ACT premises is defined in regulation 3 to mean premises in the ACT that are owned by or under the control of the Museum. Subregulation 8(2) sets out what the authority to supply liquor must identify. The authority must identify:
(a) the persons (whether identified by name or by description of a class of person) by whom liquor may be supplied; and
(b) the parts of the premises where liquor may be supplied; and
(c) the hours during which liquor may be supplied; and
(d) any other conditions on which the authority is given.
Part 5 - Cameras and equipment
Regulation 9 - Notice about cameras and equipment
Regulation 9 deals with the use of cameras and associated equipment. In the regulation, cameras and associated equipment covers all types of cameras and all equipment associated with cameras, including sound recording equipment.
Subregulation 9(1) provides that the Director may display a notice prohibiting the possession or use of any camera or associated equipment either in a place, or for a purpose, specified in the notice, or imposing conditions or restrictions in relation to the possession or use of cameras and associated equipment.
Subregulation 9(2) sets out the places where a notice under subregulation 9(1) may be displayed.
Subregulation 9(3) requires that a notice under subregulation 9(1) include a statement that it has been issued by the authority of the Director; and be clearly displayed in a way that gives adequate notice to the public of the prohibition, condition or restriction to which the notice relates.
Part 6 - Authorised officers
Regulation 10 - Appointment of authorised officer
Regulation 10 provides for the appointment of authorised officers. Authorised officers are intended to perform a number of security functions for the Museum. It is likely that both staff members of the Museum and security officers providing security services to the Museum on contract will be authorised officers.
Subregulation 10(1) provides that the Director may, in writing, appoint a person to be an authorised officer for the purposes of regulating, restricting or prohibiting the entry of persons onto Museum land or a Museum building, regulating the conduct of persons on Museum land or a Museum. building or removing persons from Museum land or a Museum building.
The terms Museum land and Museum building are defined in regulations 5 and 6 respectively.
Subregulation 10(2) provides that the Director must arrange for the issue to an authorised officer of a certificate in a form approved by the Director. The certificate must contain a photograph of the officer.
Subregulation 10(3) requires an authorised officer to produce their certificate if requested when exercising powers under the Regulations.
Subregulation 10(4) requires a person who ceases to be an authorised officer to return their certificate to the Director as soon as practicable.
Regulation 11 - Powers of authorised officer: direction to leave
Regulation 11 deals with the power of an authorised officer to give a person a direction to leave Museum land or a Museum. building. The terms Museum land and Museum building are defined in regulations 5 and 6 respectively.
Subregulation 11 (1) sets out the reasonable grounds an authorised officer must have before exercising the power to direct a person to leave Museum land. The grounds are that:
(a) public safety or the safety of Museum staff is, or may be, endangered by the continued presence of a person, or a group of persons, on Museum land; or
(b) the safety of members of the public on Museum land is endangered for any other reason;
(c) the conduct of a person, or a group of persons, on Museum land is likely to cause offence to members of the public or Museum staff, or
(d) a person on Museum land has committed, is committing, or intends to commit, an offence against these Regulations.
Subregulation 11 (2) sets out the reasonable grounds an authorised officer must have before exercising the power to direct a person to leave a Museum building and the relevant Museum land. The grounds are that:
(a) public safety of the safety of Museum staff is, or may be, endangered by the continued presence of a person, or a group of persons, in a Museum building; or
(b) the safety of members of the public or Museum staff in a Museum building is endangered for any other reason;
(c) the conduct of a person, or a group of persons, in a Museum building is likely to cause offence to members of the public or to Museum staff, or
(d) a person in a Museum building has committed, is committing, or intends to commit, an offence against these Regulations.
Regulation 12 - Powers of authorised officer: apprehension
Regulation 12 deals with the power of an authorised officer appointed under regulation 10, to apprehend people.
Subregulation 12(1) provides that regulation 12 applies if an authorised officer has reasonable grounds for believing that a person:
(a) intends to interfere with, has interfered with, or is interfering with, Museum material; or
(b) intends to damage, has damaged, or is damaging, Museum material, Museum land or, a Museum building; or
(c) has refused to comply with a direction of an authorised officer given under regulation 11.
Subregulation 12(2) provides that an authorised officer may apprehend the person, using such force as is reasonably necessary.
Subregulation 12(3) provides that a person who has been apprehended in accordance with subregulation (2) may be either removed from the Museum land, a Museum building, or both; or held in the custody of an authorised officer until the person can be taken into the custody of the Australian Federal Police.
Regulation 13 - Powers of authorised officer: motor vehicle
Regulation 13 provides that an authorised officer may direct a person who is apparently in charge of a motor vehicle that is on Museum land:
(a) not to park the vehicle on Museum land except in a specified place;
(b) not to park the vehicle in a specified place; or
(c) not to park the vehicle on Museum land.
Part 7 Offences
Regulation 14 - Museum land, buildings and material
Regulation 14 sets out the offences in relation to interference with, or damage to, Museum material. Museum material is defined in regulation 3.
Subregulation 14(1) provides that it is offence for a person to intentionally interfere with, or engage in conduct that causes damage to, Museum material. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Subregulation 14(2) provides that subregulation (1) does not apply to a person who touches, handles or operates Museum material in accordance with:
(a) a notice, or instructions for use, displayed adjacent to the material or otherwise in a Museum building; or
(b) the permission of the Director or a staff member.
Subregulation 14(3) provides that it is an offence for a person to intentionally place any article on.
(a) a wall, fence or sign or other thing on, or forming part of, Museum land; or
(b) a Museum building.
The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Subregulation 14(4) provides that it is an offence for a person to intentionally write on, or engage in conduct that causes to be defaced in any way a wall, fence or sign or other thing on, or forming part of, Museum land, or a Museum building. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Subregulation 14(5) defines the term 'engage in conduct' to mean doing or omitting to perform an act.
Proposed regulation 15 - Liquid and food
Proposed regulation 15 sets out the offences in relation to bringing liquid or food into a Museum building or consuming liquid or food in a Museum building.
Proposed subregulation 15(1) provides that it is an offence for a person to intentionally:
(a) bring any liquid or food into a Museum building; or
(b) consume any food or liquid in a Museum building, except in an area set aside by the Director for that purpose.
The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 15(2) provides that subregulation (1) does not apply to the following persons:
(a) a person who brings medication into a Museum building;
(b) a person who consumes medication in a Museum building;
(c) an authorised liquor supplier that is acting within the terms of the authority given to the supplier under regulation 8;
(d) an employee of an authorised liquor supplier who is acting within the terms of the authority given to the supplier under regulation 8;
(e) a person who delivers liquor to an authorised liquor supplier under contract;
(f) a catering service provider that provides catering services to the Museum under contract, or an employee of the provider;
(g) a person who delivers food to a catering service provider.
Proposed regulation 16 - Supply of liquor
Proposed subregulation 16(1) provides it is an offence for an authorised liquor supplier to intentionally supply liquor on Museum premises in the ACT except in accordance with the terms of the authority. The penalty for breach of the offence is 5 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 16(2) provides that it is an offence for a person to intentionally supply liquor to another person on Museum premises in the ACT unless that person is an authorised liquor supplier; or a person to whom the liquor was supplied by an authorised liquor supplier. The penalty for breach of the offence is 5 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 16(3) provides that it is an offence for a person to intentionally supply adulterated liquor on ACT premises. The penalty for breach of the offence is 5 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 16(4) provides that it is an offence for a person to intentionally supply liquor on ACT premises to a person whom it is reasonable to believe is intoxicated. The penalty for breach of the offence is 5 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 16(5) provides that it is an offence for a person to intentionally supply liquor on ACT premises to a person whom it is reasonable to believe is under 18. The penalty for breach of the offence is 5 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 16(6) provides that an authorised liquor supplier, or an employee of the supplier, may refuse to supply liquor on ACT premises to a person unless the person satisfies the supplier or employee of the person's age.
Proposed regulation 17 - Purchase of Liquor
Proposed subregulation 17(1) provides that it is an offence for a person who is under 18 to intentionally buy or consume liquor on ACT premises. The penalty for breach of the offence is 5 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 17(2) provides that it is an offence for a person to intentionally send a person who is under 18 to buy or collect liquor on ACT premises. The penalty for breach of the offence is 5 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed regulation 18 - Directions
Proposed regulation 18 deals with offences in relation to directions from authorised officers.
Proposed subregulation 18(1) provides that it is an offence for a person to fail to comply with a direction given by an authorised officer. The penalty for breach of the offence is 1 penalty unit. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 18(2) provides in effect that the offence in subregulation(l) is an offence regardless of whether the person's failure to comply with the direction was intentional or reckless. A defence of honest and reasonable mistake will, however, be available to the person who has committed the offence.
Proposed subregulation 18(3) provides that it is an offence for a person to fail to comply with a direction given by an authorised officer. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 18(4) provides in effect that the offence in subregulation (3) is an offence regardless of whether the person's failure to comply with the direction was intentional or reckless. A defence of honest and reasonable mistake will, however, be available to the person who has committed the offence.
Proposed subregulation 18(5) provides that subregulations (1) and (3) do not apply if the person has a reasonable excuse for failing to comply with the direction.
Proposed regulation 19 - Signs
Proposed regulation 19 deals with offences in relation to directions from signs on Museum land or in Museum buildings.
Proposed subregulation 19(1) provides that it is an offence for a person to fail to comply with a notice that is displayed on Museum land or in a Museum building. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 19(2) provides that subregulation (1) does not apply if the person has the consent of either the Director or a person authorised in writing by the Director for this subregulation.
Proposed regulation 20 - Aerosol containers and other objects
Proposed subregulation 20(1) provides that it is an offence for a person who enters a Museum building not to deposit an umbrella, an aerosol container, or any other article that is capable of being used to cause damage to Museum material, at a place in the Museum building that is made available by the Director for that purpose. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 20(2) provides that it is an offence for a person who enters a Museum building carrying a bag, case, parcel of other container that is not capable of being wholly enclosed within a cube each side of which is 300 millimetres in length not to deposit the prescribed article at a place in the Museum building that is made available by the Director for that purpose. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed regulation 21 - Smoking
Proposed subregulation 21 provides that it is an offence for a person to smoke in an area of a Museum building, except in an area in which smoking is permitted. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed regulation 22 - Animals
Proposed subregulation 22(1) provides that it is an offence for a person to intentionally allow an animal that belongs to the person, or is in the person's charge, to enter or remain in a Museum building. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 22(2) provides that subregulation (1) does not apply to a blind person who takes his or her guide dog into a Museum building.
Proposed regulation 23 - Unauthorised material
Proposed regulation 23 provides that it is an offence for a person to intentionally expose, or arrange to be exposed for show, sale or hire, anything for use or consumption by a member of the public unless the person has the written consent of the Director. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed regulation 24 - Publishing, copying, selling, etc of Museum material
Proposed subregulation 24(1) provides that it is an offence for a person without the consent under subregulation (2), intentionally to: make; use; print; publish; sell; or offer for sale; any replica, photograph, representation or copy of any historical material knowing that it is part of the national historical collection. The penalty for breach of the offence is 2 penalty units. The current value of a penalty unit is $110 (subsection 4AA(1) of the Crimes Act 1914).
Proposed subregulation 24(2) provides that the Director, or a person authorised by the Director, may consent to an act that is referred to in subregulation (1).
Proposed subregulation 24(3) provides that subregulation (1) does not apply to a person referred to in subregulation (1) if the person has obtained consent from the Director to engage in the act.
Proposed regulation 25 - Multiple offences
Proposed regulation 25 provides that, if in relation to the same act or omission, a person has committed an offence in respect of more than one of the offences in this Part, the person:
(a) is liable to be prosecuted and punished in respect of one of those offences; but
(b) is not liable to be punished in respect of more that one of the offences.
Part 8 - Miscellaneous
Proposed regulation 26 - Limit on contracts
Proposed regulation 26 provides that the limit on contracts which may be approved by the Museum without the approval of the Minister is $1000 000 for contracts for the acquisition of historical material and other contracts.
Proposed regulation 27 - Delegations by Director
Proposed regulation 27 provides that the Museum engaged Director may delegate to a staff member any of the Director's powers under these Regulations. The term staff member is defined in regulation 3. It covers the staff of the under the Public Service Act 1999 and persons whose services are made available to the Museum under section 31 of the National Museum of Australia Act 1980.