Art Gallery Regulations 1989 (SA)

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SOUTH AUSTRALIA

ART GALLERY REGULATIONS 1989

SUMMARY OF PROVISIONS

Preliminary

1.           Citation

2.           Commencement

3.           Interpretation

Administration

4.           Authorized officers

5.           Opening times

6.           Children under ten must be accompanied

7.           Exclusion of certain persons from gallery

Offences

8.           Interference with exhibits

9.           Intoxicated persons

10.           Disorderly behaviour

11.           Prohibition against smoking, eating and drinking on premises

12.           Animals not allowed

13.           Prams and pushers not allowed

14.           Selling prohibited

15.           Bags and parcels must be left at entrance

16.           Copying exhibits prohibited

17.           Distributing pamphlets or displaying placards prohibited

18.           Remaining on premises after closing hours

Parking and traffic offences

19.           Speed limit

20.           Dangerous driving

21.           Noise

22.           Parking areas

23.           No parking areas

24.           Permit parking areas

25.           Loading zones

26.           Vehicles partly in no parking areas, etc.

Enforcement

27.           Suspected offender must state name and address

28.           Exclusion of certain persons from art gallery

29.           Hindering, etc., authorized officers

APPENDIX

LEGISLATIVE HISTORY

REGULATIONS UNDER THE ART GALLERY ACT, 1939

Art Gallery Regulations, 1989

being

No. 227 of 1989: Gaz. 21 December 1989, p. 18651

as varied by

No. 26 of 1995: Gaz. 23 March 1995, p. 10092

No. 259 of 1996: Gaz. 23 December 1996, p. 22623

No. 32 of 1997: Gaz. 13 March 1997, p. 11954

1 Came into operation 1 January 1990: reg. 2

2 Came into operation 23 March 1995: reg. 2.

3 Came into operation 3 February 1997: reg. 2.

4 Came into operation 13 March 1997: reg. 2.

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix.

Preliminary

Citation 1. These regulations may be cited as the Art Gallery Regulations, 1989.

Commencement

2. These regulations will come into operation on 1 January, 1990.

Interpretation

3. In these regulations—

"the Act" means the Art Gallery Act, 1939:

"art gallery premises" means the art gallery and any structure (permanent or temporary) on

the grounds of the art gallery:

"authorized officer" means a person who is an authorized officer pursuant to regulation 4:

"the Director" means the person for the time being holding or acting in the office of

director of the art gallery:

"the grounds" of the art gallery means the land under the care and control of the board:

"loading zone" means a parking area, or a part of a parking area, marked by signs or lines

(or a combination of both) as a loading zone:

"no parking area" means an area marked by signs or lines (or a combination of both) as a

no parking area:

"parking area" means a part of the grounds of the art gallery marked by signs or lines (or a combination of both) as a parking area (including any area marked as a no parking area within or adjacent to such an area):

"permit parking area" means a parking area, or part of a parking area, marked by signs or

lines (or a combination of both) as a permit parking area.

Administration

Authorized officers

4. (1) The board may appoint such persons to be authorized officers as it thinks fit and may revoke any such appointment.

(2) The board must issue each authorized officer with a certificate of authority.

Opening times

5. (1) Except as otherwise directed by the board, the art gallery will be open to the public, free of charge, on each day of the year (other than Christmas Day) during the hours fixed by the board.

(2) The art gallery must not be open to the public on Good Friday before 10.00 a.m. or after

5.00 p.m.

Children under ten must be accompanied

6. (1) A child under the age of ten years is not permitted to enter the art gallery premises unless in the care of an adult.

(2) Subregulation (1) does not apply in relation to a part of the art gallery premises set aside for the purpose of the consumption of food and beverages.

Exclusion of certain persons from gallery

7. A person who—

(a)

is in a soiled condition;

or

(b)

is not decently attired,

is not permitted to enter the art gallery premises.

Offences

Interference with exhibits

8. A person must not, without lawful authority, touch or in any way interfere with an exhibit in the art gallery premises, a case containing exhibits or a sign associated with exhibits.

Penalty:

$500.

Intoxicated persons

9. A person must not be on the art gallery premises while so much under the influence of alcohol or a drug as to be visibly affected by it.

Penalty:

$500.

Disorderly behaviour

10. A person must not, while on the art gallery premises or grounds, behave in a disorderly or offensive manner or so as to interfere with the comfort or convenience of others.

Penalty:

$500.

Prohibition against smoking, eating and drinking on premises

11. A person must not, while on the art gallery premises—

(a)

smoke;

or

(b)

consume food or a beverage,

except in an area set aside for the purpose.

Penalty:

$200.

Animals not allowed

12. A person must not, without lawful authority, bring an animal onto the art gallery

premises.

Penalty:

$200.

Prams and pushers not allowed

13. (1) A person must not, except with the permission of an art gallery employee, bring a pram or pusher onto the art gallery premises.

Penalty:

$200.

(2) Subregulation (1) does not apply in relation to a part of the art gallery premises set aside for the purposes of the consumption of food and beverages.

Selling prohibited

14. A person must not, without lawful authority, sell or offer for sale any goods while on the art gallery premises or grounds.

Penalty:

$200.

Bags and parcels must be left at entrance

15. A person must, if so requested by an art gallery employee, leave with the employee any article carried by the person onto the art gallery premises.

Penalty:

$200.

Copying exhibits prohibited

16. (1) A person must not, except with the permission of the Director, photograph, copy or reproduce an exhibit of the art gallery.

Penalty:

$200.

(2) Permission may be given under subregulation (1) unconditionally or subject to such conditions as the Director thinks fit.

Distributing pamphlets or displaying placards prohibited

17. (1) A person must not, except with the permission of the Director, distribute pamphlets or display banners, placards or signs while on the art gallery premises.

Penalty:

$200.

(2) Permission may be given under subregulation (1) unconditionally or subject to such conditions as the Director thinks fit.

Remaining on premises after closing hours

18. A person must not, without lawful authority—

(a)

enter or remain in, after due warning, a part of the art gallery premises that is not open to the public;

or

(b)

remain, after due warning, on the premises after closing time.

Penalty:

$200.

Parking and traffic offences

Speed limit

19. A person must not drive a motor vehicle in the art gallery grounds at a speed exceeding ten kilometres an hour.

Penalty:

$200.

Dangerous driving

20. A person must not drive a motor vehicle in the art gallery grounds in a dangerous or careless manner or without reasonable consideration for others.

Penalty:

$500.

Noise

21. A person must not drive a motor vehicle in the art gallery grounds so as to cause undue noise to be emitted from the vehicle.

Penalty:

$200.

Parking areas

22. A person must not park in the art gallery grounds except in a parking area.

Penalty:

$100.

Expiation fee:

$20.

No parking areas

23. A person must not park a motor vehicle in a no parking area.

Penalty:

$100.

Expiation fee:

$20.

Permit parking areas

24. A person must not park a motor vehicle in a permit parking area unless the person—

(a)

is the holder of a current parking permit issued by the Director;

or

(b)

has obtained the prior permission of an authorized officer to do so.

Penalty:

$100.

Expiation fee:

$20.

Loading zones

25. A person must not park a motor vehicle in a loading zone except—

(a)

for a period not exceeding 30 minutes while the motor vehicle is being used in taking up or setting down goods;

or

(b)

while a person is entering or alighting from the vehicle.

Penalty:

$100.

Expiation fee:

$20.

Vehicles partly in no parking areas, etc.

26. A motor vehicle will be taken to be parked in a no parking area, a permit parking area or a loading zone if any part of the vehicle is within the area or zone.

Enforcement

Suspected offender must state name and address

27. (1) If an authorized officer has reasonable cause to suspect that a person has committed, is committing or is about to commit an offence against the Act or these regulations, the authorized officer may require the person to state his or her name and address.

(2) A person must not—

(a)

refuse or fail to comply with a requirement under subregulation (1);

or

(b)

make a statement in response to such a requirement that is false or misleading in a material particular.

Penalty:

$500.

Exclusion of certain persons from art gallery

28. (1) If an authorized officer has reasonable cause to suspect that a person who is not permitted to enter the art gallery premises has entered, or is about to enter, the art gallery premises, the authorized officer may order the person to leave the premises, or not to enter the premises, as the case may require.

(2) If an authorized officer—

(a)

has reasonable cause to suspect that a person has committed or is committing an offence against the Act or these regulations;

or

(b)

believes that it would be desirable to exercise the powers conferred by this regulation in order to prevent continuance or repetition of the offence, or the commission of further offences,

the authorized officer may order that the person leave the art gallery premises.

(3) A person must not—

(a)

refuse or fail to comply with an order under this regulation;

or

(b)

in the case of a suspected offender, return to the art gallery premises within 24 hours of being ordered to leave.

Penalty:

$500.

Hindering, etc., authorized officers

29. A person must not intentionally hinder or obstruct an authorized officer acting in the exercise of powers conferred by these regulations.

Penalty:

$500.

* * * * * * * * * *

APPENDIX

LEGISLATIVE HISTORY

Transitional Provisions

(Transitional provision from Regulation No. 259 of 1996, reg. 4)

4. A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.

Legislative History

Regulation 5:

substituted by 26, 1995, reg. 3

Regulation 5(2):

varied by 32, 1997, reg. 3

Regulations 22 - 25:

varied by 259, 1996, reg. 3 (Sched. cl. 3)

Regulation 30:

revoked by 259, 1996, reg. 3 (Sched. cl. 3)

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