Australian National Maritime Museum Regulations Amendment 1991 No. 220
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 220
Australian National Maritime Museum Act 1990
Australian National Maritime Museum Regulations Amendment
The Australian National Maritime Museum Act 1990 (the Act) established the Australian National Maritime Museum as a statutory authority on 20 December 1990. Regulations have been made under Subsections 53 and 54(1) of the Act to assist the operations of the Museum.
The Senate Standing Committee on Regulations and Ordinances raised objection to two of the Regulations: that referring to penalties for parking infringements (Regulation 7) and that referring to unauthorised use of maritime historical material under the control of the Museum (Regulation 15).
Regulation 1 provides for the amendment of the Regulations.
Regulation 2 alters the penalty for illegal parking from $500 to $100 under Regulation 7 (Motor vehicles, water craft etc); and
Regulation 3 makes the offence under Regulation 15 (publishing, copying, selling etc. of Museum material), one of knowingly making unauthorised use of any maritime historical material under the control of the Museum.
Authorised by the Minister for the Arts, Tourism and Territories
Overview
The Australian National Maritime Museum Regulations Amendment 1991 No. 220 was enacted to address specific issues raised by the Senate Standing Committee on Regulations and Ordinances regarding the Australian National Maritime Museum Regulations made under the Australian National Maritime Museum Act 1990. This amendment was introduced to modify certain provisions of the original regulations, specifically those concerning penalties for parking infringements and the unauthorised use of maritime historical materials. Authorised by the Minister for the Arts, Tourism and Territories, the objective of these amendments was to ensure the regulations more appropriately reflected the Museum's operational needs and aligned with policy objectives set by the relevant legislature. By adjusting the penalty for illegal parking and clarifying the offence related to unauthorised use of Museum materials, the amendment aimed to provide clearer guidelines and fairer enforcement mechanisms within the Museum's remit.
Scope and Application
The Australian National Maritime Museum Regulations Amendment 1991 No. 220 pertains to the Australian National Maritime Museum Act 1990, which established the Australian National Maritime Museum as a statutory authority. This amendment to the regulations, made under subsections 53 and 54(1) of the Act, aims to refine the operational framework of the Museum by addressing specific regulatory concerns previously highlighted by the Senate Standing Committee on Regulations and Ordinances. The amendment applies to individuals and entities who may interact with the Museum in various capacities, such as visitors, staff, and contractors. It encompasses modifications to the enforcement of parking regulations and unauthorised use of maritime historical materials. The changes primarily concern the penalty for illegal parking, reducing it from $500 to $100, and the criteria for offences related to the unauthorised use of maritime historical materials, now specified as knowingly making such unauthorised use. These regulations are applicable nationally, given the federal nature of the Act, and are intended to ensure compliance with the statutory responsibilities of the Museum.
Key Provisions
The Australian National Maritime Museum Regulations Amendment 1991 No. 220 makes several changes to the Australian National Maritime Museum Regulations under the Australian National Maritime Museum Act 1990. Regulation 2 modifies the penalty for illegal parking, reducing it from $500 to $100 (Regulation 7). This change is aimed at aligning the penalty with more recent standards or practices regarding parking infringements within the Museum’s jurisdiction. Regulation 3 further refines the offence associated with the unauthorised use of maritime historical material under the control of the Museum. Specifically, it specifies that the offence pertains to knowingly making unauthorised use of such material (Regulation 15).
These amendments impose specific obligations on parties and entities governed by the Act. For instance, Regulation 2 requires that any penalties for illegal parking within the Museum’s premises be set at $100 instead of $500. This requirement must be adhered to by all visitors and staff who may be subject to parking regulations. Regulation 3 introduces a requirement for heightened awareness and compliance regarding the use of maritime historical material. Entities and individuals must ensure that any use of such material is authorised, with a specific emphasis on the knowledge element of the offence.
Failure to comply with these provisions may result in legal consequences. Under the amended Regulation 7, individuals found guilty of illegal parking within the Museum’s jurisdiction will face a penalty of $100. This is a reduction from the previous penalty of $500, but still serves as a deterrent to non-compliance. Regulation 15 introduces a specific offence for knowingly making unauthorised use of maritime historical material. The consequences of such an offence are not explicitly stated in the provided text, but typically such offences might lead to civil penalties, such as fines or legal action to prevent further unauthorised use. The exact penalties and consequences would depend on further legislation or judicial interpretation.