National Gallery Regulations 1982 (Cth)

National Gallery Regulations 1982

Statutory Rules 1982 No. 259 as amended

made under the

National Gallery Act 1975

This compilation was prepared on 6 June 2003

taking into account amendments up to SR 2001 No. 337

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Name of regulations [see Note 1]

 These regulations are the National Gallery Regulations 1982.

2Interpretation

 In these regulations, unless the contrary intention appears:

authority means an authority given under regulation 9.

Gallery building means a building, erected on Gallery land, in which works of art are displayed or stored.

Gallery land means the following land, for which deposited plans are held in the office of the Registrar of Titles at Canberra:

• (a)

  Blocks 5 and 6, Section 29, Division of Parkes in the Australian Capital Territory, the boundaries of which are delineated in Deposited Plan 5838; and

• (b)

  Block 54, Section 4, Division of Hume in the Australian Capital Territory, the boundaries of which are delineated in Deposited Plan 8164.

liquorhas the same meaning as in section 45 of the Act.

security officer means a person appointed under regulation 5 to be a security officer.

work of art means:

• (a)

  a work forming part of the national collection; or

• (b)

  any other work under the control of the Gallery;

the Act means the National Gallery Act 1975.

3Prescribed amounts (Act, s 38)

• (1)

  For paragraph 38 (1) (a) of the Act, the higher amount of $10,000,000 is prescribed.

• (2)

  For paragraphs 38 (1) (b), (c) and (d) of the Act, the higher amount of $1,000,000 is prescribed.

4Entry charge

• (1)

  No charge is fixed for entry by a person into a Gallery building or onto Gallery land.

• (2)

  Nothing in this regulation prevents the Gallery from fixing charges for special exhibitions or other special events under paragraph 7 (2) (gb) of the Act.

5Security officers

• (1)

  The Director may, by instrument in writing, appoint a person employed by the Gallery under section 33 of the Act to be a security officer.

• (2)

  The Director, or a person authorised by the Director, must issue to each person appointed as a security officer an identity card.

• (3)

  The identity card must include:

  • (a)

    a recent photograph of the person; and

  • (b)

    the person’s full name; and

  • (c)

    the year when the identity card is issued; and

  • (d)

    a statement that the person has been appointed as a security officer under subregulation 5 (1) of these regulations; and

  • (e)

    the signature of the person; and

  • (f)

    the signature of the person who issued the card.

• (4)

  If a person ceases to be a security officer, the person must return the person’s identity card to the Director, or a person authorised by the Director, as soon as practicable.

• (5)

  A security officer who is exercising his or her powers under these regulations in relation to a person must, at the request of the person, produce his or her identity card for inspection by the person.

6Powers of security officer

• (1)

  Where a security officer has reasonable grounds for believing that:

  • (a)

    a work of art has been, or may be, damaged 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)

  A person who has been apprehended in accordance with subregulation (1) may be:

  • (a)

    removed from a Gallery building, or Gallery land, or both; or

  • (b)

    held in the custody of a security officer until the person can be delivered to a member of the Australian Federal Police.

• (3)

  Where a security officer has reasonable grounds for believing that:

  • (a)

    public safety is or may be endangered by the continued presence of a person, or a group of persons, in a Gallery building or on Gallery land or, for any other reason, the safety of members of the public who are present in a Gallery building or on Gallery land is endangered;

  • (b)

    the conduct of a person or of a group of persons is likely to cause offence to members of the public or to the staff; or

  • (c)

    a person has committed, or is about to commit, an offence against these regulations;

the security officer may direct the person or persons, or the members of the public, as the case requires, to leave the Gallery building or the Gallery land, or both.

7Offences

• (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.

7APhotographic 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).

8Motor vehicles

• (1)

  A security officer may direct the person apparently in charge of a motor vehicle that is on Gallery land or within a parking area established within a Gallery building:

  • (a)

    not to park the vehicle on gallery land or within the parking area except in a specified place;

  • (b)

    not to park the vehicle in a specified place; or

  • (c)

    not to park the vehicle on Gallery land or within the parking area.

• (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).

9Council may authorise sale of liquor

• (1)

  The Council may, by instrument in writing, authorize the sale of liquor in a Gallery building.

• (2)

  An instrument under subregulation (1) must specify:

  • (a)

    the name of the person by whom liquor may be sold;

  • (b)

    the part or parts of the Gallery building in which liquor may be sold; and

  • (c)

    the hours during which liquor may be sold.

10Sale 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.

11Liquor not to be sold or supplied to intoxicated persons etc

 The holder of an authority must not sell or supply liquor to a person in respect of whom there are reasonable grounds for believing that he is intoxicated or suffering the effects of mental illness.

Penalty:   5 penalty units.

12Sale of liquor to young persons

• (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 the Criminal 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 may be, of his age.

13Consumption of liquor by young persons

 A person under the age of 18 years must not:

• (a)

  purchase or consume liquor in that part of a Gallery building to which an authority relates; or

• (b)

  purchase liquor from the holder of an authority.

Penalty:   5 penalty units.

14Young person not to be sent to obtain liquor

 A person must not send a person under the age of 18 years to purchase or collect liquor in or from that part of a Gallery building to which the authority relates.

Penalty:   5 penalty units.

15Persons 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.

16Holder of an authority not to sell adulterated liquor

 The holder of an authority must not sell, offer for sale or expose for sale adulterated liquor.

Penalty:   5 penalty units.

Notes to theNational Gallery Regulations 1982

Note 1

The National Gallery Regulations 1982 (in force under the National Gallery Act 1975) as shown in this compilation comprise Statutory Rules 1982 No. 259 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1982 No. 259	1 Oct 1982	1 Oct 1982
1984 No. 250	27 Sept 1984	27 Sept 1984	—
1986 No. 296	21 Oct 1986	21 Oct 1986	—
1987 No. 190	18 Sept 1987	18 Sept 1987	—
1996 No. 92	20 June 1996	20 June 1996	—
1998 No. 376	22 Dec 1998	Rr. 1–3 and Sch 1: 22 Oct 1998; Remainder: 22 Dec 1998	—
2001 No. 337 (a)	21 Dec 2001	21 Dec 2001	—

(a) Statutory Rules 2001 No. 337 was made under the Australian National Maritime Museum Act 1990, the National Gallery Act 1975, the National Library Act 1960, the Radiocommunications Act 1992 and the Telecommunications Act 1997.

 

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1 ........................................	rs. 1998 No. 376
R. 2.........................................	am. 1984 No. 250; 1986 No. 296; 1998 No. 376
R. 3 ........................................	rs. 1998 No. 376
R. 4.........................................	am. 1984 No. 250; 1987 No. 190; 1996 No. 92
rs. 1998 No. 376
R. 5 ........................................	am. 1998 No. 376
rs. 1998 No. 376
R. 6 ........................................	am. 1998 No. 376
R. 7.........................................	am. 1984 No. 250; 1998 No. 376
rs. 2001 No. 337
R. 7A.......................................	ad. 1984 No. 250
am. 1998 No. 376
rs. 2001 No. 337
R. 8.........................................	am. 1998 No. 376; 2001 No. 337
R. 9.........................................	am. 1998 No. 376; 2001 No. 337
R. 10.......................................	am. 1998 No. 376
rs. 2001 No. 337
R. 11.......................................	am. 2001 No. 337
R. 12.......................................	am. 2001 No. 337
R. 13.......................................	am. 1998 No. 376; 2001 No. 337
R. 14.......................................	am. 1998 No. 376; 2001 No. 337
R. 15.......................................	am. 1998 No. 376
rs. 2001 No. 337
R. 16.......................................	am. 2001 No. 337
R. 17 ......................................	rep. 1998 No. 376
Schedule
Schedule ...............................	rep. 1998 No. 376