National Museum of Australia Amendment Act 2001
No. 3, 2001
An Act to amend the National Museum of Australia Act 1980, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments
National Museum of Australia Act 1980
National Museum of Australia Amendment Act 2001
No. 3, 2001
An Act to amend the National Museum of Australia Act 1980, and for related purposes
[Assented to 20 March 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Museum of Australia Amendment Act 2001.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
National Museum of Australia Act 1980
1 After paragraph 6(1)(b)
Insert:
(baa) to exhibit material, whether in written form or in any other form, that relates to Australia’s past, present and future;
2 Paragraph 6(1)(c)
Omit “and”.
3 At the end of subsection 6(1)
Add:
; and (e) to develop and implement sponsorship, marketing and other commercial activities relating to the Museum’s functions.
4 After paragraph 7(2)(j)
Insert:
(ja) to charge such fees and impose such charges (in addition to the charges fixed by regulations) as are reasonable in respect of services rendered by the Museum;
(jb) to raise money for the purposes of the Museum by appropriate means, having regard to the proper performance of the functions of the Museum;
5 Paragraph 9(4)(b)
Omit “$20,000”, substitute “$250,000”.
6 Paragraph 9A(3)(b)
Omit “$20,000”, substitute “$250,000”.
7 Paragraph 27(2)(e)
Omit “section 19”, substitute “section 27F or 27J of the Commonwealth Authorities and Companies Act 1997”.
8 After section 33
Insert:
34 National Museum of Australia Fund
(1) There is established by this section a fund by the name of the National Museum of Australia Fund.
(2) Income received from the investment of money standing to the credit of the Fund forms part of the Fund.
(3) These are to be paid into the Fund:
(a) gifts and bequests of money that the Museum accepts after the commencement of this section (otherwise than on trust);
(b) money that the Museum receives after that commencement (other than money to be held on trust by the Museum) from the disposal of property given, devised, bequeathed or assigned to the Museum (whether before, at or after that commencement);
(c) so much of the money held by the Museum in bank accounts (otherwise than on trust) immediately before that commencement as the Minister determines by notice in writing given to the Museum within 21 days after that commencement.
(4) The payment of money into a bank account maintained by the Museum in accordance with subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 under the name of the National Museum of Australia Fund is taken, for the purposes of subsection (3) of this section, to be a payment of the money into the Fund.
[Minister’s second reading speech made in—
Senate on 6 December 2000
House of Representatives on 1 March 2001]
Overview
The National Museum of Australia Amendment Act 2001 was enacted by the Parliament of Australia to address gaps in the original National Museum of Australia Act 1980, particularly in the areas of the museum's functions, governance, and financial management. This amendment aimed to enhance the museum's ability to exhibit material relating to Australia’s history and future, and to develop commercial activities that support its functions. It also expanded the museum's authority to charge fees and raise funds, which was essential for improving its financial sustainability. Additionally, the amendment updated references to relevant legislation and increased the monetary thresholds for certain provisions to better align with the museum's needs and operational realities. The overall policy objective was to strengthen the museum's capacity to fulfil its educational and cultural roles effectively.
Scope and Application
The National Museum of Australia Amendment Act 2001 amends the National Museum of Australia Act 1980 to update the legislative framework governing the operations and functions of the National Museum of Australia. The Act applies to the National Museum of Australia, which is a Commonwealth entity. It modifies the scope of the Museum’s functions to include the exhibition of material related to Australia’s past, present, and future, and the development and implementation of sponsorship, marketing, and other commercial activities. Furthermore, the Museum is now authorised to charge fees and impose charges for services rendered, and to raise funds by appropriate means, all within the context of properly performing its functions. The Act also revises the monetary thresholds for certain offences and amends the references to related legislation. The amended Act applies across the Commonwealth of Australia, extending the Museum’s operational capabilities and enhancing its financial autonomy. Subordinate instruments may further define or restrict the application of these provisions.
Key Provisions
The National Museum of Australia Amendment Act 2001 introduces several key amendments to the National Museum of Australia Act 1980. Section 6(1)(b) now allows the Museum to exhibit material, whether in written form or in any other form, that relates to Australia’s past, present, and future. This addition broadens the scope of what the Museum can display. Furthermore, subsection 6(1)(e) grants the Museum the authority to develop and implement sponsorship, marketing, and other commercial activities relating to its functions. These amendments reflect an expanded role for the Museum in both educational and commercial realms. Additionally, the Museum is now empowered to charge fees and impose charges that are reasonable in respect of services rendered by the Museum (subsection 7(2)(ja)) and to raise money for the purposes of the Museum by appropriate means, having regard to the proper performance of its functions (subsection 7(2)(jb)).
The Act imposes several obligations and requirements on the National Museum of Australia. The Museum is now required to accept gifts and bequests of money, which must be paid into the National Museum of Australia Fund established by the Act. Additionally, any money received from the disposal of property given, devised, bequeathed, or assigned to the Museum must also be paid into this Fund. The Minister has the authority to determine which money held in the Museum's bank accounts should be transferred to the Fund within 21 days of the Act's commencement. These financial obligations ensure that the Museum has a stable and transparent source of funding for its operations and activities.
The Act also includes provisions regarding penalties and consequences for non-compliance. While specific offences and penalties are not explicitly detailed in the provided text, it is reasonable to infer that breaches of the financial obligations imposed by the Act could result in legal consequences. For instance, failure to transfer the required funds to the National Museum of Australia Fund could lead to legal action under the relevant provisions of the National Museum of Australia Act 1980 or other applicable legislation. The maximum penalties for such breaches would typically depend on the specific nature of the offence and the discretion of the courts. The Act’s amendments, however, focus primarily on enhancing the Museum’s operational scope and financial management rather than detailing penal consequences.