National Museum of Australia Regulations (Cth)

Statutory Rules 1986 No. 2171

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National Museum of Australia Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Museum of Australia Act 1980.

Dated 20 August 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Barry Cohen

Minister of State for Arts, Heritage and Environment

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Citation

1. These Regulations may be cited as the National Museum of Australia Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“certificate” means a certificate issued under regulation 3;

“Museum building” means—

(a) any building erected on Museum land, being a building used, or intended to be used, for the display of Museum material; and

(b) any other building, or part of a building, owned by, or under the control of, the Museum for the purpose of displaying or storing Museum material;

“Museum land” means—

(a) land made available by the Minister to the Museum for the purposes of the Museum pursuant to sub-section 8 (1) of the Act; and

 

(S.R. 238/86)—Cat. No.  10/7.8.1986

(b) land under the control of the Museum, not being land referred to in paragraph (a), on which the Council has caused to be displayed a notice or notices sufficient to indicate clearly to the public that the land is Museum land;

“Museum material” means—

(a) material forming part of the national historical collection;

(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);

“security officer” means a person appointed under regulation 3 to be a security officer;

“the Act” means the National Museum of Australia Act 1980.

Security officers

3. (1) The Director may, by instrument in writing, appoint a person, being a person referred to in section 30 of the Act or an officer or employee referred to in section 31 of the Act, to be a security officer.

(2) The Director shall cause to be issued to each person appointed to be a security officer a certificate, in accordance with the form set out in the Schedule, containing a photograph of the person.

(3) A person who ceases to be a security officer shall forthwith return his or her certificate to the Director.

(4) A security officer shall, when exercising his or her powers under these Regulations in relation to a person, at the request of the person produce his or her certificate for inspection by the person.

Powers of security officer

4. (1)Where a security officer has reasonable grounds for believing that—

(a) Museum material, a Museum building or Museum land has been, or is being, damaged by a person; or

(b) a person has refused to obey a direction of a security officer given under sub-regulation (3),

the security officer may, using such force as is reasonably necessary, apprehend the person.

(2)Where a person has been apprehended in accordance with sub-regulation (1), a security officer shall—

(a) remove the person from the Museum building or Museum land, or both; or

(b) deliver the person forthwith 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 Museum building or on Museum land or that, for any other reason, the safety of members of the public who are present in a Museum building or on Museum 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

(c) a person has committed, or is committing, 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 Museum building or Museum land, or both.

Offences

5. (1) A person shall not, in a Museum building or on Museum land—

(a) interfere with or damage Museum material;

(b) refuse to obey a direction of a security officer given in the exercise of his or her powers under these Regulations;

(c) without the consent in writing of the Council, expose or cause to be exposed for show, sale or hire any article for use or consumption by a member of the public;

(d) without the consent of the Director, or a person authorised in writing by the Director for the purposes of this paragraph, fail to obey a notice displayed in a Museum building or on Museum land; or

(e) where the person is carrying a prescribed article upon entering a Museum building—fail to deposit the prescribed article at the place in the Museum building made available by the Director for the purpose.

Penalty: $200.

(2) A person shall not—

(a) cause or permit an animal belonging to the person or in his or her charge to enter or remain in a Museum building;

(b) affix any article to, or write upon or deface in any way, a Museum building or any wall or fence on Museum land;

(c) bring any liquid or food into a Museum building;

(d) consume any food or potable liquid within a Museum building, other than in an area set aside by the Director for that purpose; or

(e) smoke in an area of a Museum building other than an area in which smoking is permitted.

Penalty: $200.

(3) Where, in relation to the same act or omission, a person has committed an offence in respect of more than one of the offences created

under paragraphs (1) (a), (1) (d) and (2) (b) respectively, the person is liable to be prosecuted and punished in respect of one of those offences but is not liable to be punished in respect of more than one of those offences.

(4) Paragraph (1) (a) does not apply to or in relation 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 member of the staff of the Museum as referred to in sections 30 and 31 of the Act.

(5) Paragraph (2) (a) does not apply to or in relation to the taking by a blind person of his or her guide dog into a Museum building.

(6) Paragraph (2) (c) does not apply to or in relation to the bringing by a person of medication in liquid form into a Museum building.

(7) 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.

Photographic apparatus

6. (1) The Director may cause to be displayed—

(a) on Museum land;

(b) at the entrance to a Museum building;

(c) in any part of a Museum building; 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 sub-regulation (1) shall—

(a) be issued by the authority of the Director and bear a statement to that effect; and

(b) be clearly displayed in such manner as to give adequate notice to the public of any prohibition, condition or restriction to which the notice relates.

Motor vehicles

7. (1) A security officer may direct the person 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.

(2) A person to whom a direction under sub-regulation (1) is given shall not, without reasonable excuse, fail to comply with the direction.

Penalty: $100.

Delegation

8. (1) The Director may, either generally or as otherwise provided by the instrument of delegation, delegate to a person any of his or her powers under these Regulations, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate shall, for the purposes of these Regulations, be deemed to have been exercised by the Director.

(3) A delegation under this regulation does not prevent the exercise of a power by the Director.

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SCHEDULE

  Regulation 3

IDENTITY CERTIFICATE

(Front of form)

SECURITY OFFICER

NATIONAL MUSEUM OF AUSTRALIA

Name:

Photograph

of

officer

(Signature of officer)

Identification No.:

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(Back of form)

This is to certify that (name of security officer) is a security officer employed by the National Museum of Australia.

(Signature of Director)

DIRECTOR

NOTE

1. Notified in the Commonwealth of Australia Gazette on 28 August 1986.

Printed by Authority by the Commonwealth Government Printer