Australian National Maritime Museum Amendment Regulations 1999 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F1999B00073 Regulations Not in force Legislative Instrument

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Australian National Maritime Museum Amendment Regulations 1999 (No. 1) 1999 No. 72

EXPLANATORY STATEMENT

Statutory Rules 1999: No. 72

Issued by the Authority of the Minister for the Arts and the Centenary of Federation

Australian National Maritime Museum Act 1990

Australian National Maritime Museum Amendment Regulations 1999 (No. 1)

The Australian National Maritime Museum Act 1990 (the Act) provides for the establishment and operation of the Australian National Maritime Museum (the Museum). Section 54 of the Act allows the Governor-General to make regulations under the Act. In particular, paragraph 54(1)(d) of the Act provides for regulations to be made fixing charges for entering Museum premises.

The purposes of the Regulations are to give effect to an undertaking made by the Minister for Communications, Information Technology and the Arts in November 1996 to the Senate Standing Committee on Regulations and Ordinances to correct a technical defect in regulation 2A(2)(b), and to update that provision, which provides for concessional entry to Museum premises.

When the Regulations were amended in 1996, a reference to a part of the Social Security Act 1991 was removed in error from the provisions dealing with concessions for entry fees. In November 1996, the Minister for Communications, Information Technology and the Arts advised the Committee that he understood no-one was likely to have been disadvantaged by the technical defect in the Regulations, and he made an undertaking to arrange for the error to be corrected next time the Regulations were amended. As there have been no substantive amendments to the Regulations since that time, it was decided to proceed with this amendment individually.

The amendment to regulation 2A(2)(b) substitutes generic references to benefits and pensions payable under the Social Security Act for the current specific references to parts of that Act. This will help avoid the need to update the Regulations in the light of changes to social security legislation. It is intended that all persons in receipt of a social security benefit or a social security pension be entitled to concessional entry to the Museum.

The amendment also repeals an outdated reference in regulation 2A(2)(b)(iii) to Part 8 of the former Student and Youth Assistance Act 1973. Part 8 of that Act, now called the Student Assistance Act 1973, has been omitted and benefits similar to those provided for in that Part are now payable under the Social Security Act.

The Regulations commence on gazettal. Details of the Regulations are set out in the Attachment.

       ATTACHMENT

Details of Amendments

Regulation 1 - Name of regulations

The regulation provides that the proposed Regulations are the Australian National Maritime Museum Amendment Regulations 1999 (No. 1).

Regulation 2 - Commencement

The regulation provides these regulations commence on gazettal.

Regulation 3 - Amendment of the Australian National Maritime Museum Regulations

The regulation provides that Schedule 1 amends the Australian National Maritime Museum Regulations.

Schedule 1 -Amendment

Item 1 -Regulation 1

This item provides that the Australian National Maritime Museum Regulations will be called the Australian National Maritime Museum Regulations 1991 (in accordance with current drafting practice in relation to the naming of regulations).

Item 2 - Regulation 2A(2)(b)

This item substitutes all of regulation 2A(2)(b) of the Australian National Maritime Museum Regulations with a new regulation 2A(2)(b).

New regulation 2A(2)(b) provides that a person who is in receipt of.

(i) a social security pension, or a social security benefit, payable under the Social Security Act 1991; or

(ii) a pension payable under Part II, Part III or Part IV of the Veterans' Entitlements Act 1986,

is entitled to a concession for entry to the Museum.

This effect of this item is to update regulation 2A(2)(b)(i) to remove references to specific parts of the Social Security Act. The use of general terms rather than specific references is intended to ensure that concessional entry to the Museum is available to all people who receive a social security pension or a social security benefit.

The item also removes regulation 2A(2)(b)(iii) which contained an outdated reference to the former Student and Youth Assistance Act.

This item repeals regulation 2A(2)(b)(iii). Part 8 of the former Student and Youth Assistance Act, now called the Student Assistance Act 1973, has been omitted from that Act and benefits similar to those provided for in that Part are now payable under the Social Security Act. People who were entitled to concessional entry under regulation 2A(2)(b)(iii) will still be entitled to concessional entry to the Museum under regulation 2A(2)(b)(i) as it has been amended.

 

Overview

The Australian National Maritime Museum Amendment Regulations 1999 (No. 1) were enacted to address technical defects and update certain provisions of the Australian National Maritime Museum Regulations, specifically related to concessional entry fees for individuals receiving social security benefits and pensions. The Regulations were introduced under the authority of the Minister for the Arts and the Centenary of Federation, in line with the provisions of the Australian National Maritime Museum Act 1990, which established the Museum. The primary objective of these Regulations was to correct an error made during a previous amendment in 1996, which inadvertently removed a reference to the Social Security Act 1991 from the provisions concerning concessions for entry fees. Additionally, the Regulations updated the reference to reflect changes in social security legislation and removed an outdated reference to the former Student and Youth Assistance Act 1973, ensuring that the Museum's entry concessions remained relevant and accessible to all eligible individuals.

Scope and Application

The Australian National Maritime Museum Amendment Regulations 1999 (No. 1) provide amendments to the Australian National Maritime Museum Regulations 1991. These Regulations are made under the Australian National Maritime Museum Act 1990, which governs the establishment and operation of the Australian National Maritime Museum. The Regulations apply to individuals who wish to enter the Museum, particularly those seeking concessional entry. The purpose of the Regulations is to correct a technical defect and update the provisions concerning concessional entry to the Museum. This includes amending the regulation to provide for concessional entry to those in receipt of a social security pension or benefit under the Social Security Act 1991, as well as those who receive a pension under the Veterans' Entitlements Act 1986. The Regulations also remove an outdated reference to the former Student and Youth Assistance Act 1973, as benefits formerly provided under that Act are now payable under the Social Security Act. These Regulations apply nationally as they are Commonwealth regulations. There are no stated exclusions, exemptions, or thresholds within these Regulations themselves, although the conditions for concessional entry are specified. The Regulations do not extend or restrict application through subordinate instruments.

Key Provisions

The Australian National Maritime Museum Amendment Regulations 1999 (No. 1) (the Regulations) amend the Australian National Maritime Museum Regulations 1991 (the principal Regulations) to correct a technical defect and update certain provisions related to entry fees. Regulation 2A(2)(b) of the principal Regulations is replaced to ensure that individuals receiving social security pensions or benefits are entitled to concessional entry to the Museum, by referring to the Social Security Act 1991 in general terms rather than specific sections, thus avoiding the need for future amendments due to changes in social security laws (Regulation 3, Item 2). An outdated reference to the former Student and Youth Assistance Act 1973 is also removed from regulation 2A(2)(b)(iii), as benefits previously provided under Part 8 of that Act are now payable under the Social Security Act 1991 (Regulation 3, Item 2). The Regulations impose obligations on the Australian National Maritime Museum to ensure that entry fees are correctly applied, particularly in relation to concessional entry for individuals receiving social security pensions or benefits. The Museum must also ensure that its practices align with the updated references in the amended regulation 2A(2)(b). This includes verifying that individuals claiming concessional entry are eligible based on the broad criteria set out in the amended regulation. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations themselves. However, failure to comply with the regulations regarding entry fees, including the provision of concessional entry to eligible individuals, could potentially lead to legal challenges or administrative actions under the Australian National Maritime Museum Act 1990. The Act may provide for enforcement mechanisms and penalties for non-compliance, although these are not detailed in the Regulations. It is important for the Museum to adhere to the updated provisions to avoid any potential legal or administrative repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.