Untitled document

Arts Legislation (Amendment) Act 2000

Act No. 34/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE VICTORIAN ARTS CENTRE

ACT 1979 3

3.	Division of Act into Parts	3
4.	Definitions	3
5.	New section 3A inserted	4

3A. State collection 4

6. New section 5 substituted 5

5. Functions of the Trust 5

7.	Powers of the Trust	6
8.	Composition of Trust	7
9.	Vacancies	7
10.	President	8
11.	New sections 11A and 11B inserted	9

11A.	Resolutions without meetings	9
11B.	Conflicts of interest	10

12.	Travelling expenses and fees	11
13.	Sub-committees	11
14.	New section 13A inserted	12

13A. Delegation 12

15.	Trust employees	12
16.	New Part 3 inserted	13
PART 3—MANAGEMENT OF LAND	14

17A.	Application	14
17B.	Power to enter into leases	14
17C.	Power to grant licences over land	14

17. New section 18 inserted 15

18.          Sale, disposal or exchange of object in the State

collection 15

i

Section Page

18.	Amendment of by-laws powers	17
19.	New Part 5 inserted	17
PART 5—CHANGES TO MANAGEMENT OF ARTS
CENTRE LAND	17

20.	Definitions	17
21.	Revocation of Crown grant	18
22.	Operation of this Part does not affect certain matters	18
23.	Divesting not to affect lease to Citipower	19
24.	Land to be managed by Trust and Council of Trustees of
the National Gallery	20
25.	Registrar of Titles to make necessary amendments	20

PART 3—AMENDMENTS TO THE NATIONAL GALLERY OF

VICTORIA ACT 1966 21

20.	New definition	21
21.	Venues for National Gallery of Victoria	21
22.	Amendments to functions of Council	22
23.	Powers of the Council	22

13A. Powers of the Council 22

24.	Council can not sell National Gallery land	23
25.	New Division 2A of Part II inserted	23
Division 2A—Management of Land	23

17.	Application	23
17A.	Power to enter into leases	23
17B.	Power to grant licences over National Gallery land	24

═══════════════

NOTES 25

ii

Victoria

No. 34 of 2000

Arts Legislation (Amendment) Act

2000†

[Assented to 6 June 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to provide for—

(i)  the revocation of the Crown grant of the land on which the National Gallery of Victoria and part of the Victorian Arts Centre is situated; and

Arts Legislation (Amendment) Act 2000

Act No. 34/2000 s. 2

(ii)  the vesting of the control and management of the part of that land on which the Gallery is situated in the Council of Trustees of the National Gallery of Victoria and the part of that land on which part of the Victorian Arts Centre is situated in the Victorian Arts Centre Trust;

(b)	to establish the collection of the Performing Arts Museum as a State collection;
(c)	to update the functions and powers of the Victorian Arts Centre Trust;
(d)

to provide for the appointment of a chief Centre Trust for a maximum term of 5 years;

(e)

to make other amendments of a machinery or of the Victorian Arts Centre Trust and the Council of Trustees of the National Gallery of Victoria.

2. Commencement

This Act comes into operation on 1 July 2000.

_______________
Arts Legislation (Amendment) Act 2000

s. 3 Act No. 34/2000

PART 2—AMENDMENTS TO THE VICTORIAN ARTS

CENTRE ACT 1979

3. Division of Act into Parts

No. 9354.	In the Victorian Arts Centre Act 1979—
Reprinted to
No. 4/1995.
Further	(a) before section 1 insert—
amended by
Nos 42/1995,	"PART 1—PRELIMINARY";
104/1995, 5/1998 and 46/1998.	(b) before section 4 insert—

"PART 2—VICTORIAN ARTS CENTRE

TRUST";

(c) before section 18A insert—

"PART 4—GENERAL".

4. Definitions

In section 3 of the Victorian Arts Centre Act

1979—

(a) for the definition of "Centre" substitute— ' "Centre" means—

(a) plan numbered LEGL./00–04
lodged in the Central Plan Office

the land shown as Parcel A on the Resources and Environment; and

(b)	the land contained in Crown grant Volume 9205 Folio 760; and
(c)	the buildings and improvements erected on that land;';

Arts Legislation (Amendment) Act 2000

Act No. 34/2000 s. 5

(b) insert the following definition—
' "performing arts material" means any

object having a connection with or
containing information about the
performing arts of music, opera, dance,
theatre and circus and includes
costumes and accessories, musical
instruments, personal effects, stage
properties, puppets, set and costume
designs, set models, technical
equipment, film, video, photographs,
posters, programs, scrapbooks, sheet

music and sound recordings;';

(c) the definitions of "Chairman", "National Gallery trustees" and "trustee" are repealed.

5. New section 3A inserted

In Part 1 of the Victorian Arts Centre Act 1979,
after section 3 insert—

"3A. State collection

The State collection comprises—

(a)	all performing arts material in the public performing arts museum vested in the Trust and accepted for the State collection by the Trust; and
(b)	all performing arts material acquired and accepted for the State collection by the Trust; and
(c)	trusts of property, real or personal,

all donations, gifts, dispositions and declared whether before or after the commencement of the Arts Legislation (Amendment) Act 2000 by deed, will or otherwise to or in favour of the Trust or for the uses or purposes of the Trust

Arts Legislation (Amendment) Act 2000

s. 6	Act No. 34/2000
and accepted for the State collection by the Trust.".

6. New section 5 substituted

For section 5 of the Victorian Arts Centre Act
1979 substitute—
"5. Functions of the Trust

(1) The functions of the Trust are—

(a)	to control, manage, operate, promote, develop and maintain the Centre; and
(b)	performances, operas, plays, dramas, ballets and musical and other

to present and produce theatrical kind at any place; and

(c)	to promote the use of the theatres, concert hall and other places of assembly by suitable persons and bodies; and
(d)

to provide leadership in the promotion arts; and

(e) conservation, development and

to ensure the maintenance, performing arts material; and

(f)	to oversee the exhibition of performing arts material from the State collection and make any performing arts material from the State collection available on loan to persons or institutions; and
(g)	to carry on, whether within or outside Victoria, whether alone or in

Arts Legislation (Amendment) Act 2000

Act No. 34/2000	s. 7
association with any other person or persons and whether or not in relation to the Centre, a business of providing ticketing, inventory management of admissions, marketing and related services; and

(h) to perform any other functions appropriate to the Centre as the Minister may approve; and

(i)  to carry out any other function conferred on the Trust under this Act.

(2) In carrying out its functions, the Trust must

endeavour to contribute to the enrichment of
the cultural, educational, social and
economic life of the people of Victoria.".

7. Powers of the Trust

(1) In section 6(2) of the Victorian Arts Centre Act

1979—

(a) for paragraph (b) substitute— "(b) subject to Part 3, to grant leases of or

licences to use any part of the Centre; (ba) to grant leases of or licences to use any

other land of the Trust;";

(b)	in paragraphs (ca), (cb) and (cc), omit "with the consent in writing of the Minister after consultation with the Treasurer,";
(c)	in paragraph (e), for "licence or permit or extended hours permit under the Liquor Control Act 1987" substitute "licence or
permit under the Liquor Control Reform Act 1998";

(d) for paragraph (g) substitute—

Arts Legislation (Amendment) Act 2000

s. 8 Act No. 34/2000

"(g) to enter into any contracts, agreements or arrangements with—

(i) National Gallery of Victoria

the Council of Trustees of the Gallery of Victoria Act 1966; or

(ii)  any other person or body, whether corporate or unincorporate—

for the purpose of carrying out its
functions under this Act, including the
provision of services by the Trust or the
hire of any plant or equipment of the

Trust;";

(e) in paragraph (l), omit "and a public music library".

(2) In section 6 of the Victorian Arts Centre Act 1979, sub-section (3) is repealed.

8. Composition of Trust

(1) In section 8(2) of the Victorian Arts Centre Act

1979, after "he" insert "or she".

(2) In section 8(2A)(a) of the Victorian Arts Centre
Act 1979, for "Chairman" substitute "President".

(3) In section 8 of the Victorian Arts Centre Act 1979, sub-section (4) is repealed.

9. Vacancies

(1) In section 9(1) of the Victorian Arts Centre Act

1979—

(a) in paragraph (a), after "his" insert "or her";

(b) in paragraph (b), for "he" substitute "the member";

(c) in paragraph (c), after "he" insert "or she";
(d) in paragraph (d)—

Arts Legislation (Amendment) Act 2000

Act No. 34/2000 s. 10

(i) for "he" substitute "the member";

(ii)  after "his" (wherever occurring) insert "or her";

(e) in paragraph (e)—

(i) for "he" substitute "the member";

(ii) after "his" insert "or her";

(f) in paragraph (f)—

(i) for "Chairman" substitute "President";

(ii) for "he" substitute "the member";

(g) in paragraph (g), for "he" substitute "the member".

(2) In section 9(2) of the Victorian Arts Centre Act

1979, for "Chairman" substitute "President".

10. President

(1) In section 10(1) of the Victorian Arts Centre Act

1979, for "Chairman" (wherever occurring)

substitute "President".

(2) In section 10(2) of the Victorian Arts Centre Act

1979—

(a) for "Chairman" (wherever occurring)
substitute "President"; and

(b) after "his" insert "or her".

(3) In section 10(3) of the Victorian Arts Centre Act

1979—

(a) for "Chairman" (wherever occurring)
substitute "President"; and

(b) after "he" insert "or she".

(4) In section 10 of the Victorian Arts Centre Act

1979, sub-section (4) is repealed.
Arts Legislation (Amendment) Act 2000

s. 11 Act No. 34/2000

(5) In section 10(5) of the Victorian Arts Centre Act

1979—

(a) for "Chairman" substitute "President"; and

(b) after "he" insert "or she"; and

(c) omit "and in his absence the Deputy- Chairman shall preside".

(6) In section 10 of the Victorian Arts Centre Act

1979, for sub-section (6) substitute—
"(6) In the absence of the President, a member of

the Trust who is chosen by the members present to be chairperson of the meeting shall preside.".

(7) In section 10(7) of the Victorian Arts Centre Act

1979, for "chairman of" substitute "person

presiding at".

11. New sections 11A and 11B inserted

After section 11 of the Victorian Arts Centre

Act 1979 insert—

"11A. Resolutions without meetings

(1) If—

(a)	the Trust 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 and date 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 Trust 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

Arts Legislation (Amendment) Act 2000

Act No. 34/2000 s. 11

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 and dated 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 Trust, 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 11B, is not entitled
to vote on the resolution.

11B. 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 Trust; 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 Trust
or, in the case of a proposed resolution
notice of which is given under section

11A(1)(a), to the President.

(2) The Trust or the President must cause the

declaration to be tabled at the next meeting of the Trust and the person presiding at that

Arts Legislation (Amendment) Act 2000

s. 12 Act No. 34/2000

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 Trust 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).".

12. Travelling expenses and fees

In section 12 of the Victorian Arts Centre Act
1979, for "as are prescribed by regulations under
this Act" substitute "that are fixed for that
member from time to time by the Governor in

Council".

13. Sub-committees

In section 13(3) of the Victorian Arts Centre Act

1979—

(a) before paragraph (a) insert— "(aa) establish any sub-committees it

considers necessary and define the
constitution and functions of each sub-

committee so established;";

(b) for paragraph (b) substitute— "(b) determine the procedure of each sub-

committee;
Arts Legislation (Amendment) Act 2000

Act No. 34/2000 s. 14

(ba) change the constitution or functions of a sub-committee;";

(c) after paragraph (c) insert— "(d) dissolve a sub-committee.".

14. New section 13A inserted

After section 13 of the Victorian Arts Centre

Act 1979 insert—

"13A. Delegation

(1) The Trust 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 sub-
committee of the Trust; or

(b) a member of the Trust; or

(c) the chief executive officer of the Trust; or

(d) an employee of the Trust.

(2) A delegation under sub-section (1) may be

made to a specified person or class of
persons referred to in that sub-section.".

15. Trust employees

(1) In section 14(1) of the Victorian Arts Centre Act

1979—

(a) in paragraph (a), for "general manager" substitute "chief executive officer";

(b) paragraph (b) is repealed.

(2) In section 14 of the Victorian Arts Centre Act

1979, for sub-section (1A) substitute—

"(1A) Subject to the general direction and control of the Trust, the chief executive officer shall

Arts Legislation (Amendment) Act 2000

s. 15

s. 16 Act No. 34/2000

have the control and management of the day

to day affairs of the Trust.

(1B) The chief executive officer shall be

appointed by the Trust, 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.

(1C) The chief executive officer holds office,

subject to this Act, on the terms and
conditions that are specified in the
instrument of appointment.

(1D) The Trust must not remove the chief

executive officer from office except with the
approval of the Minister.".

(3) In section 14(4) of the Victorian Arts Centre Act

1979, after "his" insert "or her".

(4) In section 14 of the Victorian Arts Centre Act

1979, after sub-section (4) insert—
"(5) The person holding office as general

manager immediately before the continues to hold office as the chief executive officer for the remainder of the term for which the person was appointed as general manager.".

commencement of section 15 of the Arts

16. New Part 3 inserted

After section 17 of the Victorian Arts Centre
Act 1979 insert—

Arts Legislation (Amendment) Act 2000

Act No. 34/2000

"PART 3—MANAGEMENT OF LAND

17A. Application

This Part has effect despite anything to the
contrary in the Land Act 1958 and the

Crown Land (Reserves) Act 1978.

17B. Power to enter into leases

(1) The Trust may grant a lease of the Centre or

any part of the Centre for any purpose not
inconsistent with the reservation of that land.

(2) A lease granted under this section may be for a term not exceeding 30 years.

(3) A lease granted under this section—

(a)	may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 30 years; and
(b)	may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and
(c)

is subject to any covenants, exceptions, determined by the Trust.

17C. Power to grant licences over land

(1) The Trust may grant a licence to enter and
use any part of the Centre for any purpose

Arts Legislation (Amendment) Act 2000

s. 17 Act No. 34/2000

not inconsistent with the reservation of that

land.

(2) A licence granted under this section—

(a)	may be for a period not exceeding 7 years; and
(b)	is subject to the terms and conditions determined by the Trust.".

17. New section 18 inserted

In Part 4 of the Victorian Arts Centre Act 1979,

before section 18A insert—

"18. Sale, disposal or exchange of object in the

State collection

(1) The Trust must not sell or dispose of an object that is part of the State collection unless—

(a)	the Trust has resolved that retention of that object, or objects of that class, is unnecessary and inappropriate to the activities of the Trust; and
(b)	the Trust has caused to be published and displayed in accordance with sub- section (2) a notice containing—

(i)  a description of the object or class of objects; and

(ii)  a statement that the Trust intends to sell or dispose of that object or an object or objects in that class of

objects; and

(iii)  a statement that any person may object in writing to the proposed sale or disposal within 6 months after the date of publication or

display; and

Arts Legislation (Amendment) Act 2000

Act No. 34/2000 s. 17

(c) either—

(i)  no objection was received within that period; or

(ii) the Minister, or a delegate of the
Minister, has decided in
accordance with this section that

if an objection was so received, proceed.

(2) A notice under sub-section (1)(b)—

(a)

must be published not less than disposal in a newspaper circulating generally in Victoria; and

(b) must be displayed on the premises where the State collection is exhibited in a prominent position accessible to the public for a period of not less than 6 months before the proposed sale or disposal.

(3) A person may object to the proposed sale or

disposal of an object or class of objects
under this section by notice in writing given
to the Trust within 6 months after—

(a)	the date of publication of a notice under sub-section (2)(a); or
(b)	the date of first display of a notice under sub-section (2)(b).

(4) If the Trust receives an objection under sub-

section (3) and wishes to proceed with the
sale or disposal despite the objection, the
Trust must refer the objection to the
Minister.

(5) The Minister must—

Arts Legislation (Amendment) Act 2000

s. 18 Act No. 34/2000

(a)	decide whether or not the object or class of objects should be sold or disposed of; and
(b)	cause the Trust and every objector to be notified of the Minister's decision.

(6) The Minister may, by instrument, delegate to

a panel of persons selected by the Minister
the power of the Minister under sub-
section (5)(a).

(7) The Trust may exchange with a body which

has objects or functions similar to those of the Trust any duplicate material that is part of the State collection.".

18. Amendment of by-laws powers

In section 18A(a) of the Victorian Arts Centre
Act 1979, for "those parts of the Centre controlled
and managed by the Trust" substitute "the

Centre".

19. New Part 5 inserted

After section 19 of the Victorian Arts Centre

Act 1979 insert—

'PART 5—CHANGES TO MANAGEMENT OF

ARTS CENTRE LAND

20. Definitions
In this Part—
"Arts Centre land" means the land in the

City of Melbourne, Parish of being an area of 8 acres, 0 roods, 2 perches permanently reserved as a site for a National Art Gallery and Cultural Centre by Order in Council dated 7 May 1957 and published in the

Arts Legislation (Amendment) Act 2000

Act No. 34/2000	s. 19
Government Gazette dated 15 May 1957 at page 1593, less—
(a)	the excision authorised by the Melbourne (St. Kilda Road Underpass) Lands Act 1969; and

(b) any other authorised excisions;
"lodged plan" means the plan numbered

LEGL./00–04 lodged in the Central

Plan Office in the Department of

Natural Resources and Environment.

21. Revocation of Crown grant

(1) On the commencement of section 19 of the

Arts Legislation (Amendment) Act 2000—

(a)	Crown grant Volume 8141 Folio 100 is revoked;
(b)	subject to sections 22, 23 and 24, the Arts Centre land—
(i) is divested from the Trust; and (ii) reverts to the Crown; and
(iii) of the Crown, freed and discharged from all trusts, limitations, reservations,

is deemed to be unalienated land and interests.

(2) This section has effect despite anything to
the contrary in any Act, law or instrument.

22.  Operation of this Part does not affect certain matters

Nothing in this Part affects the status or continuity of—

Arts Legislation (Amendment) Act 2000

s. 19 Act No. 34/2000

(a)	the permanent reservation of the Arts Centre land by the Order in Council dated 7 May 1957 and published in the Government Gazette dated 15 May 1957 at page 1593;
(b)	the perpetual licence dated 12 February 1985 (as amended from time to time) granted to the Trust under section 6(1) of the Melbourne (Snowden Gardens) Land Act 1975;
(c)	the proclamation dated 3 February 1987 made under section 5 of the Melbourne (St. Kilda Road Underpass) Lands
Act 1969 and published in the Government Gazette dated 11 February 1987 at page 291 and the maintenance and use, in accordance with that proclamation, of the land shown hatched on the plan in that proclamation.

23. Divesting not to affect lease to Citipower

(1) Nothing in this Part—

(a)	affects the status or continuity of any lease relating to the Arts Centre land or any part (including a stratum) of that land between the Trust and Citipower Pty (ACN 064 651 056) existing immediately before the commencement of this Part; or
(b)	prevents the entry into a new lease for a further term in accordance with the lease referred to in paragraph (a); or
(c)	is to be regarded as placing any person in breach of, or as constituting a default under, any provision of the lease

Arts Legislation (Amendment) Act 2000

Act No. 34/2000	s. 19
referred to in paragraph (a), including any provision regulating the termination of the lease.

(2) In this section, "lease" includes an interest in the nature of a lease.

24.  Land to be managed by Trust and Council of Trustees of the National Gallery

On the commencement of section 19 of the
Arts Legislation (Amendment) Act 2000—

(a)	the control and management of the land shown as Parcel A on the lodged plan is vested in the Trust; and
(b)	the control and management of the land shown as Parcel B on the lodged plan is vested in the Council of Trustees of the National Gallery of Victoria constituted under the National Gallery of Victoria Act 1966.

25.  Registrar of Titles to make necessary amendments

The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.'.

_______________
Arts Legislation (Amendment) Act 2000

s. 20 Act No. 34/2000

PART 3—AMENDMENTS TO THE NATIONAL GALLERY OF

VICTORIA ACT 1966

20. New definition

No. 7482.	In section 4 of the National Gallery of Victoria
Reprint No. 3
as at 26	Act 1966, insert the following definition—
March 1998.
Further	' "National Gallery land" means the land shown
amended by
Nos 5/1998	as Parcel B on the plan numbered
and 59/1998.	LEGL./00–04 lodged in the Central Plan Office in the Department of Natural Resources and Environment;'.

21. Venues for National Gallery of Victoria

In section 4A of the National Gallery of Victoria
Act 1966, for the words and expressions
commencing "and conducted at the Victorian Arts
Centre" and ending at the end of the section
substitute—

"(2) The National Gallery shall be conducted—

(a) on the National Gallery land; and

(b) at any other places that the Minister may approve from time to time by notice published in the Government Gazette.

(3) The Minister may revoke, amend or vary a

notice made under sub-section (2)(b) by
notice published in the Government Gazette.

(4) Any proclamation made under this section

commencement of section 21 of the Arts

and in force immediately before the deemed to be a notice made by the Minister under sub-section (2)(b).".

Arts Legislation (Amendment) Act 2000

Act No. 34/2000 s. 22

22. Amendments to functions of Council

In section 13(1) of the National Gallery of

Victoria Act 1966—

(a) for paragraph (a) substitute— "(a) to control, manage, operate, promote,

develop and maintain the National
Gallery and the National Gallery

land;";

(b) after paragraph (h) insert— "(i) to carry out any other function

conferred on the Council under this

Act.".

23. Powers of the Council

Before section 14 of the National Gallery of

Victoria Act 1966 insert—

"13A. Powers of the Council

(1) The Council may do all things necessary or convenient to be done for or in connection with the carrying out of its functions.

(2) Without limiting sub-section (1), the

Council—

(a)	for the purpose of carrying out its functions, may enter into contracts, agreements or arrangements with—
(i)

the Victorian Arts Centre Trust Centre Act 1979; or

(ii)  any other person or body, whether corporate or unincorporate;

(b) may, subject to this Act, grant a lease or licence over any part of the National Gallery land.".

Arts Legislation (Amendment) Act 2000

s. 24 Act No. 34/2000

24. Council can not sell National Gallery land

In section 14 of the National Gallery of Victoria
Act 1966, after sub-section (1) insert—

"(1A) Nothing in this section applies in respect of the National Gallery land.".

25. New Division 2A of Part II inserted

In the National Gallery of Victoria Act 1966, after section 16, insert—

"Division 2A—Management of Land

17.

Application the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

17A. Power to enter into leases

(1) The Council may grant a lease of the

National Gallery land or any part of that land for any purpose not inconsistent with the reservation of that land.

(2) A lease granted under this section may be for a term not exceeding 30 years.

(3) A lease granted under this section—

(a)	may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 30 years; and
(b)	may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more

Arts Legislation (Amendment) Act 2000

Act No. 34/2000	s. 25
than 3 months from the expiry of the lease; and
(c)

is subject to any covenants, exceptions, determined by the Council.

17B. Power to grant licences over National

Gallery land

(1) The Council may grant a licence to enter and

use any part of the National Gallery land or
any building on that land for any purpose not
inconsistent with the reservation of that land.

(2) A licence granted under this section—

(a)	may be for a period not exceeding 7 years; and
(b)	is subject to the terms and conditions determined by the Council.".

═══════════════

Arts Legislation (Amendment) Act 2000

Notes Act No. 34/2000

NOTES

†

Minister's second reading speech—

Legislative Assembly: 4 May 2000

Legislative Council: 25 May 2000

The long title for the Bill for this Act was "to amend the Victorian Arts
Centre Act 1979 and the National Gallery of Victoria Act 1966 and for
other purposes."