Australian National Maritime Museum Regulations 1991 (Cth)
made under the
This compilation was prepared on 3 July 2002
taking into account amendments up to SR 2002 No. 161
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Page
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These regulations are the
Australian National Maritime Museum Regulations 1991 .
In these regulations, unless the contrary intention appears:
authority means an authority given under regulation 8.
Museum material means:
(a) material forming part of the national maritime collection; and
(b) other historical material owned by, or under the control of, the Museum; and
(c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).
Museum premises has the same meaning as in section 54 of the Act.
liquor has the same meaning as in section 53 of the Act.
opening hours means the hours determined by the Director as the hours during which the Museum is to be open to the public.
security officer means a person appointed under regulation 3 to be a security officer.
the Act means theAustralian National Maritime Museum Act 1990 .
vessel means any water-borne vessel including a sail board and a paddle boat.
water area of Museum premises means an area of water within the limits of Museum premises.
(1) In this regulation, unless the contrary intention appears:
adult means a person who is at least 16 years of age.
child means a person who is less than 16 years of age.
family group means a group of 2 adults and not more than 4 children.
(2) Each of the following persons is entitled to a concession:
(a) a person who produces an identification document indicating that he or she is a full time student at a school, college, or university;
(b) a person who is in receipt of:
(i) a social security pension, or a social security benefit, payable under the
Social Security Act 1991 ; or(ii) a pension payable under Part II, Part III or Part IV of the
Veterans’ Entitlements Act 1986 ;(c) a dependant of a person referred to in paragraph (b).
(3) The fee for entry to the Museum is:
(a) for an adult who is not in a family group and is not entitled to a concession — $7.00;
(b) for a child who is not with a family group — $3.50;
(c) for an adult who is entitled to a concession and is not in a family group — $4.50;
(d) for a family group — $17.50 plus $1.00 for each additional child with the group.
(4) In spite of subregulation (3), a person entering Museum premises:
(a) for purposes connected with the operation of the Museum, maintenance of the Museum material or Museum premises, construction of the Museum premises, or provision of services to the Museum; or
(b) as a teacher or helper accompanying a group of school students; or
(c) as a guest of the Director, a member of the Council, or a member of the staff of the Museum; or
(d) who is a member of:
(i) an association affiliated with the Council of Australian Museum Associations; or
(ii) the International Congress of Maritime Museums; or
(iii) the International Council of Museums; or
(e) who is under the age of 5 years;
is not required to pay any entry charge.
(5) In spite of subregulation (3), the Director may, for the purposes of:
(a) encouraging people to visit the Museum; or
(b) promoting access to the Museum for educational or disadvantaged groups;
reduce or waive the entry charge payable by any person or group.
(1) The Director may, by instrument, appoint a person to be a security officer.
(2) The Director must issue to a person appointed under subregulation (1) an identity card, bearing a recent photograph of the person, stating that the person is a security officer.
(3) A person who ceases to be a security officer must return his or her identity card to the Director as soon as practicable.
(4) A security officer must, when exercising his or her powers under these Regulations in relation to a person, at the request of the person, produce his or her identity card for inspection by the person.
(1) If a security officer has reasonable grounds for believing that:
(a) Museum material has been, or may be, damaged or stolen by a person; or
(b) a person has refused to obey a direction of a security officer given under subregulation (3);
the security officer may, using such force as is reasonably necessary, apprehend the person.
(2) If a person has been apprehended in accordance with subregulation (1), a security officer must:
(a) remove the person from the Museum premises; or
(b) deliver the person as soon as possible to a member of the police force of New South Wales or the Australian Federal Police.
(3) If a security officer has reasonable grounds for believing that:
(a) public safety is or may be endangered by the continued presence of a person on Museum premises; or
(b) for any other reason — the safety of members of the public who are present on Museum premises is endangered; or
(c) the conduct of a person is likely to cause offence to members of the public or to Museum staff; or
(d) a person has committed, or is about to commit, an offence against these Regulations;
the security officer may direct the person or a member of the public, as the case requires, to leave the Museum premises.
(1) A person who does not have the consent of the Director, or a person authorised by the Director, must not, on Museum premises:
(a) engage in unauthorised conduct that interferes with or causes damage to Museum material; 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; or
(d) fail to obey a notice displayed in Museum premises; or
(e) if the person is carrying a prescribed article when he or she enters Museum premises — fail to deposit the prescribed article at the place in the Museum premises made available by the Director for the purpose.
Penalty: 5 penalty units.
(2) For paragraph (1) (c), the consent must be in writing.
(3) A person who does not have the consent of the Director, or a person authorised by the Director, must not:
(a) cause or permit an animal belonging to the person or in his or her charge to enter or remain on Museum premises if the animal is not a guide dog for a person with a hearing or visual impairment; or
(b) attach any article to, or write upon or engage in conduct that defaces, Museum premises; or
(c) bring any food or drink that is not medication onto Museum premises; or
(d) consume any food or drink that is not medication on Museum premises in an area that is not set aside by the Director for that purpose; or
(e) smoke on Museum premises; or
(f) fish or engage in fishing activities from Museum premises; or
(g) enter, or remain on an area of Museum premises to which a notice declaring that that area is not open to the public relates.
Penalty: 5 penalty units.
(4) If, by the same act or omission, a person has committed more than one of the offences created under paragraphs (1) (a), (1) (d) and (3) (b), the person is liable to be prosecuted and punished for one of those offences but is not liable to be punished for more than one of those offences.
(5) Strict liability applies to paragraphs (1) (b), (d) and (e).
(6) It is a defence to a prosecution for an offence against subregulation (1) or (3) 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 theCriminal Code ).
(7) In paragraph (1) (a):
unauthorised conduct means touching, handling or operating Museum material otherwise than in accordance with:
(a) a notice or instructions for use, displayed next to the material or otherwise on Museum premises; or
(b) the permission of the Director or a member of the staff of the Museum.
(8) In paragraph (1) (e):
prescribed article means an aerosol container or any other article that is capable of being used to cause damage to Museum material.
(1) The Director may cause to be displayed:
(a) on Museum premises; or
(b) at the entrance to Museum premises; or
(c) in any part of Museum premises; or
(d) adjacent to any Museum material;
a notice prohibiting, or imposing conditions or restrictions in relation to, the possession or use of any camera or associated equipment in a place, or for a purpose, specified in the notice.
(2) A notice displayed for the purposes of subregulation (1) must:
(a) be issued by the authority of the Director and bear a statement to that effect; and
(b) be clearly displayed in such a manner as to give adequate notice to the public of any prohibition, condition or restriction to which the notice relates.
(1) A security officer may direct the person apparently in charge of a motor vehicle that is on Museum premises:
(a) not to park the vehicle on Museum premises in a place that is not a specified place; or
(b) not to park the vehicle in a specified place; or
(c) not to park the vehicle on Museum premises.
(2) A person must comply with a direction under subregulation (1).
Penalty: 1 penalty unit.
(3) A security officer may direct the person apparently in charge of a vessel:
(a) not to enter into a water area of Museum premises; or
(b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or
(c) to leave a water area of Museum premises.
(4) A person must comply with a direction under subregulation (3).
Penalty: 5 penalty units.
(5) Strict liability applies to subregulations (2) and (4).
(6) It is a defence to a prosecution for an offence against subregulation (2) or (4) 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 theCriminal Code ).
(1) The Director may, by instrument, authorise the sale of liquor in Museum premises.
(2) An instrument under subregulation (1) must specify:
(a) the name of the person by whom liquor may be sold; and
(b) the part or parts of Museum premises in which liquor may be sold; and
(c) the hours during which liquor may be sold.
(3) The holder of an authority must not sell or supply liquor on Museum premises if the sale or supply is not in accordance with the authority.
Penalty: 5 penalty units.
The holder of an authority must not supply liquor to a person in respect of whom there are reasonable grounds for believing that he or she is intoxicated.
Penalty: 5 penalty units.
(1) The holder of an authority must not sell or supply liquor to a person under the age of 18 years.
Penalty: 5 penalty units.
(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 theCriminal Code ).
(3) The holder of an authority, or an employee of the holder of an authority, may refuse to sell liquor to a person unless that person satisfies the holder of the authority or the employee, as the case requires, of his or her age.
A person under the age of 18 years must not:
(a) purchase or consume liquor in that part of the Museum premises to which an authority relates; or
(b) purchase liquor from the holder of an authority or an employee of the holder of an authority.
Penalty: 5 penalty units.
A person must not send a person under the age of 18 years to purchase or collect liquor in or from that part of the Museum premises to which the authority relates.
Penalty: 5 penalty units.
A person who has not attained the age of 18 years must not enter that part of Museum premises to which an authority relates except in the care of a responsible adult.
The holder of an authority must not sell, offer for sale or expose for sale adulterated liquor.
Penalty: 5 penalty units.
A person who does not have the consent of the Director, or a person authorised by the Director for this regulation, must not:
(a) make; or
(b) use; or
(c) print; or
(d) publish; or
(e) sell; or
(f) offer for sale;
any replica, photograph, representation or copy of any maritime historical material in the ownership or possession of, the Museum.
Penalty: 5 penalty units.
The Director may delegate to the Deputy Director, or an Assistant Director, of the Museum any of his or her powers under these Regulations.
For paragraphs 47 (1) (a) and (b) of the Act, the higher amount is $1 000 000.
The
1991 No.10 | 5 Feb 1991 | 5 Feb 1991 | |
1991 No. 220 | 5 July 1991 | 5 July 1991 | — |
1991 No. 348 | 12 Nov 1991 | 12 Nov 1991 | — |
1996 No. 93 | 20 June 1996 | 20 June 1996 | — |
1999 No. 72 | 19 May 1999 | 19 May 1999 | — |
2001 No. 337 | 21 Dec 2001 | 21 Dec 2001 | — |
2002 No. 161 | 3 July 2002 | 3 July 2002 | — |
(a) Statutory Rules 2001 No. 337 was made under theAustralian National Maritime Museum Act 1990 , theNational Gallery Act 1975 , theNational Library Act 1960 , theRadiocommunications Act 1992 and theTelecommunications Act 1997 .
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 1.......................................... | rs. 1999 No. 72 |
R. 2A....................................... | ad. 1991 No. 348 |
am. 1996 No. 93; 1999 No. 72 | |
R. 5.......................................... | rs. 2001 No. 337 |
R. 7.......................................... | am. 1991 No. 220 |
rs. 2001 No. 337 | |
Rr. 8–12.................................. | am. 2001 No. 337 |
R. 14........................................ | am. 2001 No. 337 |
R. 15........................................ | am. 1991 No. 220; 2001 No. 337 |
R. 17........................................ | ad. 2002 No. 161 |
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