Untitled document
Arts Institutions (Amendment) Act 1996
Act No. 61/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—LIBRARIES ACT 1988 3
3. Principal Act 3 4. Amendment of purposes 3 5. Definitions 3 6. Amendment of section 4 4 7. Repeal—Libraries Board of Victoria 4 8. Amendment of heading 4 9. Name change for Council 4 10. Objectives of the Board 4 11. Functions of the Board 4 12. Amendment of section 19 5 13. Amendment of section 20 5 14. Ministerial directions 5 15. Membership of Board 6 16. Terms and conditions of appointment 7 17. Amendment of section 24 7 18. Meetings of the Board 8 19. Insertion of new section 25A 8
25A. Resolutions without meetings 8
20. Substitution of section 26 9
26. Conflicts of interest 9
21. Substitution of section 27 10
27. Committees 10
22. Substitution of section 28 11
28. Delegation 11
23. Amendment of section 28 12 24. Chief Executive Officer 12 25. Employment of staff 13 26. Substitution of section 30 13
30. Employment of staff 13
i
Section Page
27. Amendment of section 31 13 28. Substitution of section 32 13
32. Borrowing and investment powers 13
29. Further consequential amendments 13 30. Insertion of new section 57 14
57. Determination of staff to be transferred 14
31. Insertion of new section 58 14
58. Abolition of Libraries Board 14
32. Insertion of new section 59 15
59. Council of the State Library of Victoria 15
33. Insertion of new sections 60 and 61 16
60. Director 16 61. Transfer of staff 16
PART 3—MUSEUMS ACT 1983 18
34. Principal Act 18 35. Definition 18 36. Repeal—Museums Advisory Board 18 37. Amendment of definitions 18 38. Amendment of heading 18 39. Name change 19 40. Members of Board 19 41. Amendment of section 11A 20 42. Board meetings 20 43. Insertion of new section 12A 21
12A. Resolutions without meetings 21
44. Substitution of section 13 22
13. Conflicts of interest 22
45. Amendment of section 14 23 46. Substitution of section 15 23
15. Committees 23
47. Substitution of section 16 24
16. Delegation 24
48. Amendment of section 16 26 49. Amendment of section 17 26 50. Repeal of section 18 26 51. Repeal of section 19 27 52. Substitution of section 20 27
20. Other staff 27
53. Amendment of section 21 27 54. Substitution of heading 27
ii
Section Page
Division 4—Functions and Powers of the Board 27
55. Insertion of new sections 22 and 22A 27
22. Board represents the Crown 27 22A. Board subject to control of Minister 27
56. Amendment of section 23 27 57. Amendment of section 24 28 58. Amendment of section 25 29 59. Amendment of section 26 30 60. Amendment of section 27 30 61. Amendment of section 28 30 62. Substitution of section 29 30
29. Borrowing and investment powers 31
63. Further consequential amendments 31 64. Insertion of new Division 10 in Part 3 31 Division 10—Further Transitional Provisions 32
45. Determination of staff to be transferred 32
65. Insertion of new section 46 32
46. Abolition of Museums Advisory Board 32
66. Insertion of new section 47 33
47. Council of the Museum of Victoria 33
67. Insertion of new sections 48 and 49 33
48. Director 33 49. Transfer of staff 34
PART 4—NATIONAL GALLERY OF VICTORIA ACT 1966 36
68. Principal Act 36 69. Definitions 36 70. Ministerial directions 36 71. Council members 36 72. Insertion of new section 7A 37
7A. Council may act despite vacancy etc. 37
73. Council 37 74. Insertion of new sections 9A and 9B 38
9A. Resolutions without meetings 38 9B. Conflicts of interest 39
75. Substitution of section 10 40
10. Remuneration and allowances 40
76. Amendment of section 11 40 77. Insertion of new sections 11A and 11B 41
11A. Committees 41 11B. Delegation 41
iii
Section Page
78. New sections 12 and 12A 42
12. Director 42 12A. Staff 42
79. Functions of the Council 43 80. Insertion of new section 18AA 43 18AA. Borrowing and investment powers 43 81. Insertion of new Division 4 in Part II 43 Division 4—Further Transitional Provisions 44
22. Determination of staff to be transferred 44
82. Insertion of new sections 23 and 24 44
23. Director 44 24. Transfer of staff 44
PART 5—MINISTRY FOR THE ARTS ACT 1972 46
83. Principal Act 46 84. Victorian Council of the Arts 46
PART 6—PUBLIC RECORDS ACT 1973 47
85. Principal Act 47 86. Definitions 47 87. Insertion of new sections 2A and 2B 47
2A. Person or body no longer a public office 47 2B. Records of a body that ceases to be a public office 48
PART 7—OTHER AMENDMENTS 49
88. Borrowing and Investment Powers Act 1987 49 89. Melbourne Exhibition Centre Act 1994 49 90. Probate Duty Act 1962 49 91. Public Sector Management Act 1992 49
═══════════════
NOTES 50
iv
Victoria
No. 61 of 1996
Arts Institutions (Amendment) Act
†
1996
[Assented to 17 December 1996]
The Parliament of Victoria enacts as follows:
PART 1— PRELIMINARY
1. Purposes
The purposes of this Act are—
(a)
to amend legislation relating to the State's arts institutions; and
(b)
to extend the Public Records Act 1973 to certain bodies.
Arts Institutions (Amendment) Act 1996
s. 2
Act No. 61/1996
2. Commencement
(1) This Part and sections 30, 64 and 81 come into operation on the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
comes into operation on that day.
_______________
Arts Institutions (Amendment) Act 1996
s. 3
Act No. 61/1996
PART 2—LIBRARIES ACT 1988
3. Principal Act
No. 80/1988.
In this Part, the Libraries Act 1988 is called the
Reprinted to
| No. 31/1994 | Principal Act. |
| and subsequently | |
| amended by Nos 42/1995, | |
| 93/1995 and 104/1995. |
4. Amendment of purposes
(1) In section 1 of the Principal Act, omit "a Libraries Board of Victoria and".
(2) In section 1 of the Principal Act, for "Council of the State Library of Victoria" substitute "Library Board of Victoria".
5. Definitions
(1) In section 3 of the Principal Act, omit the definition of "Board".
(2) In section 3 of the Principal Act—
(a) after the definition of "Bank" insert— ' "Board" means the Library Board of
Victoria constituted under section 16;';
(b) omit the definition of "Council".
(3) In section 3 of the Principal Act—
(a) omit the definition of "Director";
(b) after the definition of "Board" insert— ' "Chief Executive Officer" (except in
section 43) means the Chief Executive appointed under section 29;';
Arts Institutions (Amendment) Act 1996
s. 6
Act No. 61/1996
6. Amendment of section 4
In section 4 of the Principal Act—
(a)
for "the Council" (wherever occurring) substitute "the Board";
(b)
in paragraph (d), after "Library Council of Victoria" insert "or of the Council of the State Library of Victoria".
7. Repeal—Libraries Board of Victoria
Part 2 of the Principal Act is repealed.
8. Amendment of heading
For the heading to Part 3 of the Principal Act substitute—
"PART 3—LIBRARY BOARD OF VICTORIA"
9. Name change for Council
In section 16 of the Principal Act—
(a) in sub-section (1), for "Council called the Council of the State Library of Victoria" substitute "Board called the Library Board of Victoria";
(b)
in sub-section (2), for "Council" substitute "Board";
(c)
in sub-section (3), for "Council" (wherever occurring) substitute "Board".
10. Objectives of the Board
Section 17 of the Principal Act is repealed.
11. Functions of the Board
(1) In section 18 of the Principal Act—
(a)
before "The functions of the Council" insert "(1)";
Arts Institutions (Amendment) Act 1996
s. 12
Act No. 61/1996
(b) for "Council" (wherever occurring)
substitute "Board";(c) after paragraph (e) insert— "(ea) to oversee co-operation in programs
with libraries and information
organisations to promote access to
library and information services and
resources; and
(eb) to exercise leadership and promote high standards in the provision of library and information services; and
(ec) to provide advice and information to
the Minister on any matter concerning
libraries and information organisations;
and".
(2) After section 18(1) of the Principal Act insert—
"(2) In carrying out its functions, the Board must endeavour to contribute to the enrichment of the cultural, educational, social and
economic life of the people of Victoria.".
12. Amendment of section 19
In section 19 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
13. Amendment of section 20
In section 20 of the Principal Act, for "Council" substitute "Board".
14. Ministerial directions
In section 21 of the Principal Act—
(a) for "Council" substitute "Board"; and
(b) omit "general".
Arts Institutions (Amendment) Act 1996
s. 15
Act No. 61/1996
15. Membership of Board
(1) In section 22 of the Principal Act, for sub-section (1) substitute—
"(1) The Board shall consist of not less than 7 and not more than 11 members appointed by the Governor in Council on the recommendation of the Minister, of whom at least half shall
be persons who satisfy one or more of the
following—
(a) hold senior academic office in Victoria in a discipline appropriate to the functions of the Board; (b) in the opinion of the Minister, are or finance or marketing;
(c) in the opinion of the Minister, are experienced in local government or libraries or information technology; (d) distinguished in education, the
humanities or any other fieldin the opinion of the Minister, are Board.".
(2) In section 22(2) of the Principal Act, for "Council"
substitute "Board".
(3) In section 22 of the Principal Act, for sub-sections (3) and (4) substitute—
"(3) The Governor in Council must appoint a member of the Board to be President.".
Arts Institutions (Amendment) Act 1996
s. 16
Act No. 61/1996
16. Terms and conditions of appointment
(1) In section 23 of the Principal Act—
(a)
in sub-section (1), for "Council" substitute "Board";
(b)
in sub-section (2), for "Council" (wherever occurring) substitute "Board";
(c)
in sub-section (3), for "Council" (where secondly occurring) substitute "Board";
(d) in sub-section (5)—
(i) for "Council" (wherever occurring)
substitute "Board";(ii) in paragraph (b), for "Council's leave" substitute "leave of the Board".
(2) In section 23 of the Principal Act, for sub-section (7) substitute—
"(7) The Public Sector Management Act 1992
(including Part 9) does not apply to a
member of the Board in respect of the office
of member.".
(3) In section 23 of the Principal Act, for sub-section (8) substitute—
"(8) A member of the Board is entitled to be paid
any remuneration or travelling or other
allowances fixed for that member from time
to time by the Governor in Council.".
(4) In section 23 of the Principal Act, sub-section (10)
is repealed.
17. Amendment of section 24
In section 24 of the Principal Act, for "the
Council" substitute "the Board".
Arts Institutions (Amendment) Act 1996
s. 18
Act No. 61/1996
18. Meetings of the Board
(1) In section 25 of the Principal Act, for sub-sections (1) and (2) substitute—
"(1) The President or, in his or her absence, a
member elected by the members present,
must preside at a meeting of the Board.".
(2) In section 25 of the Principal Act, for "Council" (wherever occurring) substitute "Board".
(3) In section 25(6) of the Principal Act, for "4"
substitute "6".
19. Insertion of new section 25A
After section 25 of the Principal Act insert—
"25A. Resolutions without meetings
(1) If—
(a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and (b) a majority of the members in office at the time sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
on which the last of those members signs the
document.(2) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
Arts Institutions (Amendment) Act 1996
s. 20
Act No. 61/1996
signed by one or more members, are deemed
to constitute one document.(3) If a resolution is, under sub-section (1),
deemed to have been passed at a meeting of
the Board, each member must as soon as
practicable be advised of the matter and
given a copy of the resolution.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member
who, because of section 26, is not entitled to
vote on the resolution.".
20. Substitution of section 26
For section 26 of the Principal Act substitute—
"26. Conflicts of interest
(1) If —
(a)
a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board; and
(b)
the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after
becoming aware of the relevant facts, must
declare the nature of the interest to the Board
or, in the case of a proposed resolution notice
of which is given under section 25A(1)(a), to
the President.(2) The Board or the President must cause the declaration to be tabled at the next meeting of the Board and the person presiding at that
meeting must cause the declaration to be
recorded in the minutes of the meeting.
Arts Institutions (Amendment) Act 1996
s. 21
Act No. 61/1996
(3) A member who has a conflict of interest in a
matter—
(a)
must not be present during any deliberations on the matter, unless the Board directs otherwise; and
(b) is not entitled to vote on the matter.
(4) If a member votes on a matter in
contravention of sub-section (3)(b), the vote
must be disallowed.(5) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take
part in making a direction, under sub-section
(3)(a).
(6) For the purposes of this section, a member is
not to be regarded as having a conflict of
interest—
(a)
in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b)
in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.".
21. Substitution of section 27
For section 27 of the Principal Act substitute—
"27. Committees
(1) The Board may—
Arts Institutions (Amendment) Act 1996
s. 22
Act No. 61/1996
(a) establish any committees it considers necessary and define the constitution and functions of each committee so established;
(b)
determine the procedure of each committee;
(c)
change the constitution or functions of a committee;
(d) dissolve a committee.
(2) A person may be a member of a committee established by the Board even though he or she is not a member of the Board.
(3) A member of a committee established by the
Board is entitled to receive any fees or travelling or other expenses determined by the Board.".
22. Substitution of section 28
For section 28 of the Principal Act substitute—
"28. Delegation
(1) The Board may, by instrument under its
official seal, delegate any of its functions or powers (except this power of delegation or the power to make by-laws) to—
(a)
the members constituting a committee of the Board, if the committee includes 2 or more members of the Board; or
(b) the Director; or
(c) any of its members; or
(d) any member of its staff.
(2) A delegation under sub-section (1) may be
made to a specified person or class of
persons referred to in that sub-section.".
Arts Institutions (Amendment) Act 1996
s. 23
Act No. 61/1996
23. Amendment of section 28
In section 28(1)(b) of the Principal Act, for
"Director" substitute "Chief Executive Officer".
24. Chief Executive Officer
(1) In section 29(1) of the Principal Act, for "Public
Service Act 1974" substitute "Public Sector
Management Act 1992".
(2) In section 29(2) of the Principal Act, for "Council" (wherever occurring) substitute "Board".
(3) In section 29 of the Principal Act, sub-section (3)
is repealed.
(4) In section 29 of the Principal Act, for sub-section (1) substitute—
"(1) A Chief Executive Officer of the Library
Board of Victoria shall be appointed by the Board, with the approval of the Minister, for the term, not exceeding 5 years, that is specified in the instrument of appointment but is eligible for re-appointment.
(1A) The Chief Executive Officer holds office,
subject to this Act, on the terms and
conditions that are specified in the
instrument of appointment.
(1B) The Board must not remove the Chief
Executive Officer from office except with the approval of the Minister.".
(5) In section 29(2) of the Principal Act—
(a)
for "Director" substitute "Chief Executive Officer"; and
(b) omit paragraph (a).
Arts Institutions (Amendment) Act 1996
s. 25
Act No. 61/1996
25. Employment of staff
In section 30 of the Principal Act, for "Public Service Act 1974" substitute "Public Sector Management Act 1992".
26. Substitution of section 30
For section 30 of the Principal Act substitute—
"30. Employment of staff
The Board may employ any other persons necessary for the purposes of this Act.".
27. Amendment of section 31
In section 31 of the Principal Act—
(a) for "Council" (wherever occurring)
substitute "Board".(b) sub-section (3) is repealed.
28. Substitution of section 32
For section 32 of the Principal Act substitute—
"32. Borrowing and investment powers
The Board has the powers conferred on it by the Borrowing and Investment Powers Act 1987.".
29. Further consequential amendments
The Principal Act is amended as follows—
(a)
in section 36, for "Council" (wherever occurring) substitute "Board";
(b)
in section 49, for "Council" (wherever occurring) substitute "Board";
(c)
in section 49, for "Director" (wherever occurring) substitute "Chief Executive Officer";
Arts Institutions (Amendment) Act 1996
s. 30
Act No. 61/1996
(d)
in section 50, for "Council" (wherever occurring) substitute "Board";
(e) in section 51—
(i) in sub-section (1), for "Council" (where substitute "Board";
(ii) in sub-section (2), for "Council" (where substitute "Board";
(f)
in section 52, for "Council" (wherever occurring) substitute "Board";
(g)
in section 52A(5), for "Council of the State Library of Victoria" substitute "Board";
(h)
in section 53(1)(a), for "Council" substitute "Board".
30. Insertion of new section 57
After section 56 of the Principal Act insert—
"57. Determination of staff to be transferred
The Minister must designate in writing the officers and employees of the public service who are employed in the administration of this Act who are to become employees of the Board under section 61.".
31. Insertion of new section 58
After section 57 of the Principal Act insert—
"58. Abolition of Libraries Board
(1) The Libraries Board of Victoria established by section 5 is abolished.
(2) Despite any provision to the contrary made
by or under the Financial Management Act 1994, there must be prepared, in accordance
Arts Institutions (Amendment) Act 1996
s. 32
Act No. 61/1996
with Part 7 of that Act, a report of the
operations of the Libraries Board of Victoria
during the period beginning on 1 July
immediately preceding the commencement
of section 31 of the Arts Institutions
(Amendment) Act 1996 and ending on that
commencement.(3) The report prepared under sub-section (2) must be incorporated in and consolidated with that of the Council of the State Library
of Victoria or, if the Library Board of commencement referred to in sub-section (2), with that of the Library Board of Victoria for the financial year that includes the last day of the period referred to in sub- section (2).".
32. Insertion of new section 59
After section 58 of the Principal Act insert—
"59. Council of the State Library of Victoria
(1) The Library Board of Victoria is to be taken as the same body as the Council of the State Library of Victoria in spite of any changes to the name and structure of the Library Board
of Victoria by this Act and no act, matter or
thing is to be affected because of those
changes of name and structure.(2) A reference in any document to the Council
of the State Library of Victoria is to be taken
to refer to the Library Board of Victoria.
(3) A member of the Council of the State
Library of Victoria holding office
immediately before the commencement of
section 32 of the Arts Institutions
(Amendment) Act 1996 continues to hold
Arts Institutions (Amendment) Act 1996
s. 33
Act No. 61/1996
office after that commencement as a member of the Library Board of Victoria on the same terms and conditions as those on which he or she held office as a member of the Council
of the State Library of Victoria for the
remainder of the term specified in his or herinstrument of appointment.".
33. Insertion of new sections 60 and 61
After section 59 of the Principal Act insert—
"60. Director
The person who immediately before the commencement of section 33 of the Arts Institutions (Amendment) Act 1996 was the Director of the State Library of Victoria is deemed to be appointed by the Board as the Chief Executive Officer of the Library Board of Victoria.
61. Transfer of staff
(1) On and from the commencement of section 33 of the Arts Institutions (Amendment) Act 1996, any officer or employee
designated under section 57—
(a) becomes an employee of the Board; and
(b)
is entitled to remuneration, terms and conditions determined by the Minister to be no less favourable in aggregate
than those which he or she received or
was entitled to receive immediately
before that commencement as such an
officer or employee; and(c)
retains any entitlement to long service leave, annual leave, sick leave or other leave accrued or accruing to that person
Arts Institutions (Amendment) Act 1996
s. 33
Act No. 61/1996
immediately before that
commencement.(2) If a person who becomes an employee of the Board under this section was, immediately before the transfer, an officer within the meaning of the State Superannuation Act 1988 or a corresponding previous enactment, he or she continues, subject to that Act, to be an officer within the meaning of that Act while serving with the Board.
(3) For the purpose of long service leave
entitlements as employees of the Board of
those transferred under this section, their
service with the public service must be taken
to be service with the Board.
(4) There must be paid out of the Consolidated
Fund (which is, by this sub-section,
appropriated to the necessary extent) any
amount determined from time to time by the
Treasurer after consultation with the Minister
to be the component of any entitlement to
pay in lieu of long service leave attributable
to the service with the public service of a
person transferred under this section.".
_______________
Arts Institutions (Amendment) Act 1996
s. 34
Act No. 61/1996
PART 3—MUSEUMS ACT 1983
34. Principal Act
No. 9903.
In this Part, the Museums Act 1983 is called the
Reprinted to
Principal Act. No. 31/1994
andsubsequently amended by
Nos 42/1995,
100/1995,104/1995 and
106/1995.
35. Definition
In section 2 of the Principal Act, omit the definition of "Victorian Museums Guidelines".
36. Repeal—Museums Advisory Board
Part II of the Principal Act is repealed.
37. Amendment of definitions
(1) In section 9 of the Principal Act—
(a) for the definition of "Council" substitute— ' "Board" means the Museums Board of
Victoria established by section 10;'; and
(b) in the definition of "Museum of Victoria", for "Council" substitute "Board".
(2) In section 9 of the Principal Act, for the definition of "Director" substitute —
' "Chief Executive Officer" means the Chief
Executive Officer of the Museums Board of
Victoria appointed under section 17;'.
38. Amendment of heading
In the heading to Division 2 of Part III of the
Principal Act, for "Council of the Museum of
Victoria" substitute "Museums Board of
Victoria".
Arts Institutions (Amendment) Act 1996
s. 39
Act No. 61/1996
39. Name change
In section 10 of the Principal Act—
(a)
in sub-section (1), for "Council to be known as the Council of the Museum of Victoria" substitute "board to be known as the Museums Board of Victoria";
(b)
for "Council" (wherever else occurring) substitute "Board".
40. Members of Board
(1) In section 11(1) of the Principal Act—
(a)
for "Council" (where first occurring) substitute "Board";
(b)
in paragraph (a), for "Council" substitute "Board";
(c)
in paragraph (b), before "experienced" insert "who, in the opinion of the Minister, are";
(d) in paragraph (c)—
(i) before "distinguished" insert "who, in the opinion of the Minister, are"; and
(ii) for "Council" substitute "Board".
(2) In section 11 of the Principal Act, for sub-section (2) substitute—
"(2) The Governor in Council, after consultation
between the Minister and the Board, must
appoint a member of the Board to be
President.".
(3) In section 11(3) of the Principal Act—
(a)
in paragraph (a), omit "ending on a 30th day of June";
(b)
in paragraph (c), for "Council" substitute "Board".
Arts Institutions (Amendment) Act 1996
s. 41
Act No. 61/1996
(4) In section 11(4) of the Principal Act, for "Council" (where first occurring) substitute "Board".
(5) In section 11(6) of the Principal Act, for "Council" (wherever occurring) substitute "Board".
(6) In section 11(7) of the Principal Act, for
"Council" (where secondly occurring) substitute
"Board".
(7) In section 11(8) of the Principal Act, for "Council" (where secondly occurring) substitute "Board".
(8) In section 11(9) of the Principal Act, for "Council" (wherever occurring) substitute "Board".
(9) For section 11(11) of the Principal Act
substitute—
"(11) The Public Sector Management Act 1992
(including Part 9) does not apply to a
member of the Board in respect of the office
of member.".
(10) In section 11 of the Principal Act, for sub-section (12) substitute—
"(12) A member of the Board is entitled to be paid
any remuneration or travelling or other
allowances fixed for that member from time
to time by the Governor in Council.".
(11) In section 11 of the Principal Act, sub-section (13)
is repealed.
41. Amendment of section 11A
In section 11A of the Principal Act, for "Council"
(where first occurring) substitute "Board".
42. Board meetings
(1) In section 12(1) of the Principal Act, for "eight"
substitute "6".
Arts Institutions (Amendment) Act 1996
s. 43
Act No. 61/1996
(2) In section 12 of the Principal Act, for sub-section (2) substitute—
"(2) The President or, in his or her absence, a
member elected by the members present,
must preside at a meeting of the Board.".
(3) In section 12 of the Principal Act, for "Council" (wherever occurring) substitute "Board".
43. Insertion of new section 12A
After section 12 of the Principal Act insert—
"12A. Resolutions without meetings
(1) If—
(a)
the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
(b)
a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
on which the last of those members signs the
document.(2) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
to constitute one document.
(3) If a resolution is, under sub-section (1), deemed to have been passed at a meeting of
Arts Institutions (Amendment) Act 1996
s. 44
Act No. 61/1996
the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member
who, because of section 13, is not entitled to
vote on the resolution.".
44. Substitution of section 13
For section 13 of the Principal Act substitute—
"13. Conflicts of interest
(1) If—
(a)
a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board; and
(b)
the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after
becoming aware of the relevant facts, must
declare the nature of the interest to the Board
or, in the case of a proposed resolution notice
of which is given under section 12A(1)(a), to
the President.(2) The Board or the President must cause the declaration to be tabled at the next meeting of the Board and the person presiding at that
meeting must cause the declaration to be
recorded in the minutes of the meeting.
(3) A member who has a conflict of interest in a
matter—
Arts Institutions (Amendment) Act 1996
s. 45
Act No. 61/1996
(a)
must not be present during any deliberations on the matter, unless the Board directs otherwise; and
(b) is not entitled to vote on the matter.
(4) If a member votes on a matter in
contravention of sub-section (3)(b), the vote
must be disallowed.(5) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take
part in making a direction, under sub-section
(3)(a).
(6) For the purposes of this section, a member is
not to be regarded as having a conflict of
interest—
(a)
in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b)
in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.".
45. Amendment of section 14
In section 14 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
46. Substitution of section 15
For section 15 of the Principal Act substitute—
"15. Committees
Arts Institutions (Amendment) Act 1996
s. 47
Act No. 61/1996
(1) The Board may—
(a) establish any committees it considers necessary and define the constitution and functions of each committee so established;
(b)
determine the procedure of each committee;
(c)
change the constitution or functions of a committee;
(d) dissolve a committee.
(2) A person may be a member of a committee established by the Board even though he or she is not a member of the Board.
(3) A member of a committee established by the
Board is entitled to receive any fees or travelling or other expenses determined by the Board.".
47. Substitution of section 16
For section 16 of the Principal Act substitute—
"16. Delegation
(1) The Board may, by instrument under its
common seal, delegate any of its functions or
powers (except this power of delegation or
the power to make by-laws) to—
(a)
the members constituting a committee of the Board, if the committee includes 2 or more members of the Board; or
(b) the Director; or
(c) any of its members; or
(d) any member of its staff.
Arts Institutions (Amendment) Act 1996
Act No. 61/1996
(2) A delegation under sub-section (1) may be
made to a specified person or class of
persons referred to in that sub-section.".
Arts Institutions (Amendment) Act 1996
s. 48
Act No. 61/1996
48. Amendment of section 16
In section 16(1)(b) of the Principal Act, for
"Director" substitute "Chief Executive Officer".
49. Amendment of section 17
(1) In section 17 of the Principal Act—
(a)
in sub-section (1), for "Council" (wherever occurring) substitute "Board"; and
(b)
in sub-section (4), for "Council" substitute "Board".
(2) In section 17(1) of the Principal Act—
(a)
for "Director of the Museum of Victoria" substitute "Chief Executive Officer of the Museums Board of Victoria"; and
(b) omit paragraph (a).
(3) In section 17 of the Principal Act, for sub-sections (2) to (6) substitute—
"(2) The Chief Executive Officer shall be
appointed by the Board, with the approval of
the Minister, for the term, not exceeding 5
years, that is specified in the instrument of
appointment but is eligible for re-
appointment.
(3) The Chief Executive Officer holds office,
subject to this Act, on the terms and
conditions that are specified in the
instrument of appointment.
(4) The Board must not remove the Chief
Executive Officer from office except with the approval of the Minister.".
50. Repeal of section 18
Section 18 of the Principal Act is repealed.
Arts Institutions (Amendment) Act 1996
s. 51
Act No. 61/1996
51. Repeal of section 19
Section 19 of the Principal Act is repealed.
52. Substitution of section 20
For section 20 of the Principal Act substitute—
"20. Other staff
The Board may employ any other persons necessary for the purposes of this Act.".
53. Amendment of section 21
In section 21 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
54. Substitution of heading
For the heading to Division 4 of Part III of the
Principal Act substitute—
"Division 4—Functions and Powers of the
Board"
55. Insertion of new sections 22 and 22A
For section 22 of the Principal Act substitute—
"22. Board represents the Crown
In performing its functions and exercising its powers under this Act, the Board represents the Crown.
22A. Board subject to control of Minister
In performing its functions and exercising its powers under this Act, the Board is subject to the direction and control of the Minister.".
56. Amendment of section 23
In section 23 of the Principal Act—
(a)
for "Council" (where first occurring) substitute "Board";
Arts Institutions (Amendment) Act 1996
s. 57
Act No. 61/1996
(b) in paragraph (a), for "operate and develop" promote, develop and maintain";
(c) in paragraph (aa)(iii), for "Council" (where secondly occurring) substitute "Board"; (d) in paragraph (b), for "natural history, the history of human society and the history of science and technology" substitute "natural sciences, indigenous culture, social history and science and technology"; (e) for paragraph (f) substitute— "(f) to research, present and promote issues of public relevance and benefit in the following fields—
(i) the origins, development and
diversity of cultures in Australia
and adjacent lands;(ii) the natural environment;
(iii) science and technology and their society;";
(f) after paragraph (g) insert— "(ga) to provide leadership to museums in
Victoria;
(gb) to advise the Minister on matters
relating to museums, and co-ordination
of museum services, in Victoria;";
(g)
in paragraph (h), for "the Museum of Victoria" substitute "museums".
57. Amendment of section 24
(1) In section 24(1) of the Principal Act—
(a) for "Council" substitute "Board";
Arts Institutions (Amendment) Act 1996
s. 58
Act No. 61/1996
(b)
omit "and to enable it to achieve its objectives".
(2) In section 24(2) of the Principal Act—
(a) for paragraphs (a) to (i) substitute— "(a) to enter into contracts, agreements or arrangements with any person or body of persons and do everything, including the payment of money, that is necessary or expedient for carrying the contracts, agreements or arrangements into effect;
(b) to accept real or personal property by purchase, gift, grant, devise or bequest, whether on trust or otherwise; (c) to act as trustee of any real or personal property vested in the Board on trust;"; (b) for "Council" (wherever occurring)
substitute "Board".
(3) In section 24(3) of the Principal Act—
(a)
for "Council" (where first occurring) substitute "Board";
(b)
in paragraph (b), for "Council" (wherever occurring) substitute "Board";
(c)
in paragraph (c), for "Council" substitute "Board".
58. Amendment of section 25
(1) In section 25(1) of the Principal Act—
(a)
for "Council" (where secondly occurring) substitute "Board";
(b)
in paragraph (a), for "Council" (wherever occurring) substitute "Board";
Arts Institutions (Amendment) Act 1996
s. 59
Act No. 61/1996
(c)
in paragraph (b), for "Council" substitute "Board".
(2) In section 25(2) of the Principal Act—
(a)
for "Council" (where secondly occurring) substitute "Board";
(b)
in paragraph (b), for "Council" substitute "Board".
59. Amendment of section 26
(1) In section 26 of the Principal Act, for "Council" (wherever occurring) substitute "Board".
(2) In section 26 of the Principal Act, for sub-section (5) substitute—
'(5) In this section "department" means the
departments and administrative offices listed
from time to time in columns 1 and 3 of
Schedule 1 of the Public Sector
Management Act 1992.'.
60. Amendment of section 27
In section 27 of the Principal Act—
(a) for "Council" substitute "Board";
(b) for "Council's" substitute "Board's".
61. Amendment of section 28
In section 28 of the Principal Act—
(a) for "Council" (wherever occurring)
substitute "Board";(b) sub-section (3) is repealed.
62. Substitution of section 29
For section 29 of the Principal Act substitute—
Arts Institutions (Amendment) Act 1996
s. 63
Act No. 61/1996
"29. Borrowing and investment powers
The Board has the powers conferred on it by the Borrowing and Investment Powers Act 1987.".
63. Further consequential amendments
The Principal Act is amended as follows—
(a)
in section 30, for "Council" (wherever occurring) substitute "Board";
(b)
in section 31(1)(a), for "Council" substitute "Board";
(c)
in section 31A, for "Council" (wherever occurring) substitute "Board";
(d)
in section 36(2)(b), for "Council of the State Library of Victoria" substitute "Library Board of Victoria";
(e)
in section 36(3)(b), for "Council of the State Library of Victoria" substitute "Library Board of Victoria";
(f)
in section 40, for "Council" (wherever occurring) substitute "Board";
(g) in section 42 of the Principal Act—
(i) for "Council" (wherever occurring)
substitute "Board";
(ii) for "Council's" substitute "Board's".
64. Insertion of new Division 10 in Part 3
After section 44 of the Principal Act insert—
Arts Institutions (Amendment) Act 1996
s. 65
Act No. 61/1996
"Division 10—Further Transitional Provisions
45. Determination of staff to be transferred
The Minister must designate in writing the officers and employees of the public service who are employed in the administration of this Act who are to become employees of the Board under section 49.".
65. Insertion of new section 46
After section 45 of the Principal Act insert—
"46. Abolition of Museums Advisory Board
(1) The Museums Advisory Board established by section 4 of the Principal Act is abolished.
(2) Despite any provision to the contrary made
by or under the Financial Management Act 1994, there must be prepared, in accordance with Part 7 of that Act, a report of the
operations of the Museums Advisory Board
during the period beginning on 1 July
immediately preceding the commencement
of section 65 of the Arts Institutions
(Amendment) Act 1996 and ending on that
commencement.(3) The report prepared under sub-section (2) must be incorporated in and consolidated with that of the Council of the Museum of
Victoria or, if the Museums Board of commencement referred to in sub-section (2), with that of the Museums Board of Victoria for the financial year that includes the last day of the period referred to in sub- section (2).".
Arts Institutions (Amendment) Act 1996
s. 66
Act No. 61/1996
66. Insertion of new section 47
After section 46 of the Principal Act insert—
"47. Council of the Museum of Victoria
(1) The Museums Board of Victoria is to be
taken as the same body as the Council of the Museum of Victoria in spite of any changes to the name and structure of the Museums
Board of Victoria by this Act and no act, matter or thing is to be affected because of those changes of name and structure.
(2) A reference in any document to the Council of the Museum of Victoria is to be taken to refer to the Museums Board of Victoria.
(3) A member of the Council of the Museum of
Victoria holding office immediately before
the commencement of section 66 of the Arts
Institutions (Amendment) Act 1996
continues to hold office after that
commencement as a member of the
Museums Board of Victoria on the same
terms and conditions as those on which he or
she held office as a member of the Council
of the Museum of Victoria for the remainder
of the term specified in his or her instrument
of appointment.".
67. Insertion of new sections 48 and 49
After section 47 of the Principal Act insert—
"48. Director
The person who immediately before the commencement of section 67 of the Arts Institutions (Amendment) Act 1996 was the Director of the Museum of Victoria is deemed to be appointed by the Board as the Chief Executive Officer of the Museums
Arts Institutions (Amendment) Act 1996
s. 67
Act No. 61/1996
Board of Victoria on terms and conditions determined by the Minister to be no less favourable in aggregate than those applying to the Director immediately before that commencement.
49. Transfer of staff
(1) On and from the commencement of section 67 of the Arts Institutions (Amendment) Act 1996, any officer or employee
designated under section 45—
(a) becomes an employee of the Board; and
(b) is entitled to remuneration, terms and conditions determined by the Minister to be no less favourable in aggregate than those which he or she received or
was entitled to receive immediately
before that commencement as such an
officer or employee; and(c) retains any entitlement to long service leave, annual leave, sick leave or other leave accrued or accruing to that person immediately before that
commencement.(2) If a person who becomes an employee of the Board under this Division was, immediately before the transfer, an officer within the
meaning of the State Superannuation Act
1988 or a corresponding previous enactment,
he or she continues, subject to that Act, to be
an officer within the meaning of that Actwhile serving with the Board.
(3) For the purpose of long service leave
entitlements as employees of the Board of those transferred under this Division, their
Arts Institutions (Amendment) Act 1996
s. 67
Act No. 61/1996
service with the public service must be taken
to be service with the Board.(4) There must be paid out of the Consolidated
Fund (which is, by this sub-section,
appropriated to the necessary extent) any
amount determined from time to time by the
Treasurer after consultation with the Minister
to be the component of any entitlement to
pay in lieu of long service leave attributable
to the service with the public service of a
person transferred under this Division.".
_______________
Arts Institutions (Amendment) Act 1996
s. 68
Act No. 61/1996
PART 4—NATIONAL GALLERY OF VICTORIA ACT 1966
68. Principal Act
No. 7482.
In this Part, the National Gallery of Victoria Act
Reprinted to
1966 is called the Principal Act. No. 31/1994
andsubsequently amended by
No. 42/1995.
69. Definitions
In section 4 of the Principal Act—
(a) omit the definition of "country art gallery";
(b) after the definition of "development collection" insert— ' "Director" means the Director of the
National Gallery of Victoria appointed
under section 12;'.
(c) after the definition of "President" insert— ' "regional art gallery" means an art gallery situate and conducted outside the metropolitan area for the time being within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958;'.
70. Ministerial directions
In section 5B of the Principal Act omit "general".
71. Council members
(1) In section 6(1) of the Principal Act—
(a)
in paragraph (a), after "office" insert "in the visual arts";
Arts Institutions (Amendment) Act 1996
s. 72
Act No. 61/1996
(b) in paragraph (b), for "representing country" relation to regional".
(2) In section 6 of the Principal Act, after sub-section (2A) insert—
"(3) The Public Sector Management Act 1992
(including Part 9) does not apply to a
member of the Council in respect of the
office of member.".
72. Insertion of new section 7A
After section 7 of the Principal Act insert—
"7A. Council may act despite vacancy etc.
An act or decision of the Council is not invalid only because of—
(a)
a defect or irregularity in or in connection with the appointment of a member; or
(b) a vacancy in the office of member.".
73. Council
(1) In section 8 of the Principal Act, sub-section (4) is
repealed.
(2) In section 8 of the Principal Act, for sub-section (5) substitute—
"(5) The President or, in his or her absence, a
member elected by the members present to
be chairman of the meeting, must preside at a
meeting of the Council.".
(3) In section 8 of the Principal Act, after sub-section
(7) insert—
Arts Institutions (Amendment) Act 1996
s. 74
Act No. 61/1996
"(8) The Council must meet on at least 6
occasions in each year at the times and
places that are determined by the President or
the Council.".
74. Insertion of new sections 9A and 9B
After section 9 of the Principal Act insert—
"9A. Resolutions without meetings
(1) If—
(a) the Council has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and (b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document— a resolution in those terms is deemed to have been passed at a meeting of the Council held on the day on which the document is signed or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day on which the last of those members signs the document.
(2) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
to constitute one document.
(3) If a resolution is, under sub-section (1),
deemed to have been passed at a meeting of
the Council, each member must as soon as
practicable be advised of the matter and
given a copy of the resolution.
Arts Institutions (Amendment) Act 1996
s. 74
Act No. 61/1996
(4) The majority of members referred to in sub-
section (1)(b) must not include a member
who, because of section 9B, is not entitled to
vote on the resolution.
9B. Conflicts of interest
(1) If—
(a)
a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council; and
(b)
the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after resolution notice of which is given under section 9A(1)(a), to the President.
becoming aware of the relevant facts, must
declare the nature of the interest to the(2) The Council or the President must cause the declaration to be tabled at the next meeting of the Council and the person presiding at
that meeting must cause the declaration to be
recorded in the minutes of the meeting.
(3) A member who has a conflict of interest in a
matter—
(a)
must not be present during any deliberations on the matter, unless the Council directs otherwise; and
(b) is not entitled to vote on the matter.
Arts Institutions (Amendment) Act 1996
s. 75
Act No. 61/1996
(4) If a member votes on a matter in
contravention of sub-section (3)(b), the vote
must be disallowed.(5) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take
part in making a direction, under sub-section
(3)(a).
(6) For the purposes of this section, a member is
not to be regarded as having a conflict of
interest—
(a)
in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b)
in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.".
75. Substitution of section 10
For section 10 of the Principal Act substitute—
"10. Remuneration and allowances
A member of the Council is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.".
76. Amendment of section 11
In section 11 of the Principal Act, sub-section (3) is repealed.
Arts Institutions (Amendment) Act 1996
s. 77
Act No. 61/1996
77. Insertion of new sections 11A and 11B
After section 11 of the Principal Act insert—
"11A. Committees
(1) The Council may—
(a) establish any committees it considers necessary and define the constitution and functions of each committee so established;
(b)
determine the procedure of each committee;
(c)
change the constitution or functions of a committee;
(d) dissolve a committee.
(2) A person may be a member of a committee
established by the Council even though he or
she is not a member of the Council.
(3) A member of a committee established by the
Council is entitled to receive any fees or travelling or other expenses determined by the Council.
11B. Delegation
(1) The Council may, by instrument under its
common seal, delegate any of its functions or
powers (except this power of delegation or
the power to make by-laws) to—
(a)
the members constituting a committee of the Council, if the committee includes 2 or more members of the Council; or
(b) the Director; or
(c) any of its members; or
(d) any member of its staff.
Arts Institutions (Amendment) Act 1996
s. 78
Act No. 61/1996
(2) A delegation under sub-section (1) may be
made to a specified person or class of
persons referred to in that sub-section.".
78. New sections 12 and 12A
For section 12 of the Principal Act substitute—
"12. Director
(1) There shall be a Director of the National Gallery of Victoria.
(2) The Director shall—
(a)
be the chief executive officer of the Council; and
(b)
have the control and management of the day to day affairs of the Council in accordance with directions given by the Council.
(3) The Director shall be appointed by the
Council, with the approval of the Minister, for the term, not exceeding 5 years, that is specified in the instrument of appointment but is eligible for re-appointment.
(4) The Director holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.
(5) The Council must not remove the Director from office except with the approval of the Minister.
12A. Staff
The Council may employ any persons necessary for the purposes of this Act.".
Arts Institutions (Amendment) Act 1996
s. 79
Act No. 61/1996
79. Functions of the Council
(1) In section 13 of the Principal Act—
(a) before "The functions of the Council" insert "(1)"; (b) in paragraph (b), for "maintain and develop" substitute "maintain, conserve, develop and promote"; (c) after paragraph (c) insert— "(ca) to conduct public programs and
exhibitions of material within the State
collection;";
(d) in paragraph (d), after "including" insert "computer and other technologies and"; (e) for paragraph (g) substitute— "(g) to provide leadership in the provision of art gallery services in Victoria;".
(2) After section 13(1) of the Principal Act insert—
"(2) In carrying out its functions, the Council
must endeavour to contribute to the
enrichment of the cultural, educational,
social and economic life of the people of
Victoria.".
80. Insertion of new section 18AA
After section 18 of the Principal Act insert—
"18AA. Borrowing and investment powers
The Council has the powers conferred on it by the Borrowing and Investment Powers Act 1987.".
81. Insertion of new Division 4 in Part II
After section 21 of the Principal Act insert—
Arts Institutions (Amendment) Act 1996
s. 82
Act No. 61/1996
"Division 4—Further Transitional Provisions
22. Determination of staff to be transferred
The Minister must designate in writing the officers and employees of the public service who are employed in the administration of this Act who are to become employees of the Council under section 24.".
82. Insertion of new sections 23 and 24
After section 22 of the Principal Act insert—
"23. Director
The person who immediately before the
commencement of section 82 of the Arts
Institutions (Amendment) Act 1996 was
the Director of the National Gallery of
Victoria is deemed to be appointed by theCouncil as the Director.
24. Transfer of staff
(1) On and from the commencement of section 82 of the Arts Institutions (Amendment) Act 1996, any officer or employee
designated under section 22—
(a)
becomes an employee of the Council; and
(b)
is entitled to remuneration, terms and conditions determined by the Minister to be no less favourable in aggregate
than those which he or she received or
was entitled to receive immediately
before that commencement as such an
officer or employee; and
Arts Institutions (Amendment) Act 1996
s. 82
Act No. 61/1996
(c) retains any entitlement to long service leave, annual leave, sick leave or other leave accrued or accruing to that person immediately before that
commencement.(2) If a person who becomes an employee of the Council under this section was, immediately before the transfer, an officer within the
meaning of the State Superannuation Act
1988 or a corresponding previous enactment,
he or she continues, subject to that Act, to be
an officer within the meaning of that Act
while serving with the Council.(3) For the purpose of long service leave
entitlements as employees of the Council of
those transferred under this section, their
service with the public service must be taken
to be service with the Council.
(4) There must be paid out of the Consolidated
Fund (which is, by this sub-section,
appropriated to the necessary extent) any
amount determined from time to time by the
Treasurer after consultation with the Minister
to be the component of any entitlement to
pay in lieu of long service leave attributable
to the service with the public service of a
person transferred under this section.".
_______________
Arts Institutions (Amendment) Act 1996
s. 83
Act No. 61/1996
PART 5—MINISTRY FOR THE ARTS ACT 1972
83. Principal Act
No. 8357.
In this Part, the Ministry for the Arts Act 1972 is
Reprinted to
called the Principal Act.
No. 10087 and subsequently
amended by Nos 50/1988,
80/1988 and
29/1994.
84. Victorian Council of the Arts
(1) In section 11(1) of the Principal Act, for "not more than 12" substitute "any number of".
(2) In section 11(4) of the Principal Act, for
"prescribed" substitute "fixed from time to time
by the Governor in Council".
(3) In section 13 of the Principal Act, omit paragraph
(a).
_______________
Arts Institutions (Amendment) Act 1996
s. 85
Act No. 61/1996
PART 6—PUBLIC RECORDS ACT 1973
85. Principal Act
No 8418.
In this Part, the Public Records Act 1973 is
Reprinted to
| No. 29/1994. | called the Principal Act. |
86. Definitions
In section 2(1) of the Principal Act—
(a) in the definition of "public office", after paragraph (b) insert— "(ba) a State owned enterprise within the
meaning of the State Owned
Enterprises Act 1992;";
(b)
in the definition of "public record", in paragraph (c) after "public office" insert "or a person or body referred to in section 2B".
87. Insertion of new sections 2A and 2B
After section 2 of the Principal Act insert—
"2A. Person or body no longer a public office
For the purposes of this Act, a person or
body that was, at any time, a public office is
to be taken never to have been a public office
only if—
(a) a legislative provision; or
(b)
regulations made for the purposes of this section—
expressly provide that, for the purposes of
this Act, the person or body is deemed never
to have been a public office.
Arts Institutions (Amendment) Act 1996
s. 87
Act No. 61/1996
2B. Records of a body that ceases to be a public
office
If a body corporate or unincorporate that is a public office ceases, on a particular day, to be a public office, then, despite that cessation—
(a)
the records of the body that were in existence prior to that day continue to be public records; and
(b)
the Keeper of Public Records may make arrangements with the body to enable those records of the body to be dealt with in accordance with this Act in the same manner as if the body had not ceased to be a public office.".
_______________
Arts Institutions (Amendment) Act 1996
s. 88
Act No. 61/1996
PART 7—OTHER AMENDMENTS
88. Borrowing and Investment Powers Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987—
(a) after item 1 insert—
"1A. Council of Trustees 5, 8, 11, 12, 20, of the National 20A and 21"; Gallery of Victoria (b) after item 6 insert—
"6A. Library Board of 5, 8, 11, 12, 20, Victoria 20A and 21"; (c) after item 9 insert—
"9A. Museums Board of 5, 8, 11, 12, 20, Victoria 20A and 21".
89. Melbourne Exhibition Centre Act 1994
In section 6(e) of the Melbourne Exhibition
Centre Act 1994, for "Council of the Museum of
Victoria" substitute "Museums Board ofVictoria".
90. Probate Duty Act 1962
In section 21(3)(c) of the Probate Duty Act 1962, for "Council of the State Library of Victoria" substitute "Library Board of Victoria".
91. Public Sector Management Act 1992
In Schedule 2 to the Public Sector Management
Act 1992 omit—
"Director of the Secretary to the All of Part 4 of Museum of Department of the Act". Victoria Arts, Sport and
Tourism
═══════════════
Arts Institutions (Amendment) Act 1996
Notes
Act No. 61/1996
NOTES
†
Minister's second reading speech—
Legislative Assembly: 14 November 1996
Legislative Council: 10 December 1996
The long title for the Bill for this Act was "to amend the Libraries Act
1988, the Museums Act 1983, the National Gallery of Victoria Act
1966, the Ministry for the Arts Act 1972 and the Public Records Act
1973 and for other purposes."
0
0
0