Version No. 022
Arts Victoria Act 1972
Act No. 8357/1972
Version incorporating amendments as at 5 April 2005
table of provisions
SectionPage
1
SectionPage
1.Short title and commencement
2.Definitions
3.Repealed
4.Objects of the Department
5, 6.Repealed
7.Director
8.Duties of the Director
9.Arts Fund
10.Application of the Arts Fund
11.Victorian Council of the Arts
11A.Membership of Council not office of profit
12.Report
13.Regulations
13A.Transitional provisions
14–16.Repealed
______
schedule—Repealed8
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 022
Arts Victoria Act 1972
Act No. 8357/1972
Version incorporating amendments as at 5 April 2005
An Act to establish a Ministry for the Arts and for other purposes.
1
Act No. 8357/1972
Arts Victoria Act 1972
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title and commencement
S. 1(1) amended by No. 46/1998
s. 7(Sch. 1).
(1)This Act may be cited as the Arts Victoria Act 1972.
(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2
amended by No. 46/1998
s. 7(Sch. 1) (ILA s. 39B(1)).
2.Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
S. 2(1) def. of "Department" inserted by No. 46/1998
s. 7(Sch. 1).
"Department" means the Department of Premier and Cabinet;
S. 2(1) def. of "Director" substituted by No. 46/1998
s. 7(Sch. 1).
"Director" means the Director employed in accordance with section 7.
S. 2(1) def. of "Minister" repealed by No. 46/1998
s. 7(Sch. 1).
*****
S. 2(2) inserted by No. 46/1998
s. 7(Sch. 1), amendedby No.108/2004 s.117(1) (Sch.3 item15).
(2)If under the Public Administration Act 2004 the name of the Department of Premier and Cabinet is changed, the reference in the definition of "Department" in sub-section (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 3
repealed by No. 46/1998
s. 7(Sch. 1).
*****
S. 4
amended by No. 46/1998
s. 7(Sch. 1).
4.Objects of the Department
s. 4
The objects of the Department under this Act are—
(a)to develop and improve the knowledge understanding appreciation and practice of the Arts in Victoria;
(b)to increase the availability and accessibility of the Arts to the public of Victoria;
(c)to encourage and assist in the provision of facilities to enable the Arts to be performed or displayed;
(d)to continually survey and assess the position of the Arts in Victoria and to report to the Parliament at least once in every year on the condition of the Arts in Victoria and to suggest ways in which the Arts may be further and better assisted;
S. 4(e) amended by No. 46/1998
s. 7(Sch. 1).
(e)to administer the Acts and enactments for which the Minister is responsible;
(f)to advise and co-operate with other Departments of the Government public statutory authorities municipalities and other persons or bodies concerned with the promotion or practice of the Arts in Victoria.
S. 5
amended by No. 8451
s. 2(a)(b), repealed by No. 46/1998 s.7(Sch. 1).
*****
S. 6
amended by Nos 10087 s.3(1)(Sch.1 item161), 50/1988
s. 93(2)(Sch. 2 Pt 2 item 36), repealed by No. 46/1998
s. 7(Sch. 1).
*****
S. 7
amended by No. 10087 s.3(1)(Sch.1 item161), substituted by No. 46/1998
s. 7(Sch. 1), amendedby No.108/2004 s.117(1) (Sch.3 item15).
7.Director
s. 7
A Director, Arts Victoria may be employed under Part 3 of thePublic Administration Act 2004.
8.Duties of the Director
Subject to the general direction and control of the Minister the Director shall—
S. 8(a) amended by No. 46/1998
s. 7(Sch. 1).
(a)be responsible for promoting the objects of this Act and advising the Minister in relation to those objects;
(b)exercise any powers and carry out any duties conferred or imposed upon him under this Act or delegated to him by the Minister; and
(c)report to the Minister upon any matter in relation to the Arts which he has investigated either on his own motion or at the request of the Minister.
9.Arts Fund
s. 9
(1)There shall be established in the Treasury in the Public Account as part of the Trust Fund a Trust Account to be called the Arts Fund.
(2)All moneys appropriated by Parliament to the Arts Fund and all other moneys received under or for the objects of this Act shall be paid into the Arts Fund.
S. 9(3) inserted by No. 9861
s. 3(1).
(3)The Treasurer may from time to time determine an amount to be paid out of the Arts Fund to the Consolidated Fund and the amount so determined shall be paid to the Consolidated Fund.
10.Application of the Arts Fund
Subject to this Act the Minister may do anything that he considers necessary or desirable for or with respect to achieving the objects of this Act and may for all or any of those objects make payments and apportion distribute apply or lend any moneys in the Arts Fund and without limiting the generality of the foregoing may pay out of the Fund any amount by way of loan or grant to a Minister of the Crown to a municipality or to any other public authority, body or organization for any purpose which in the opinion of the Minister may assist in achieving the objects of this Act.
11.Victorian Council of the Arts[1]
S. 11(1) amended by No. 61/1996
s. 84(1).
(1)The Minister may appoint any number of persons to be the Victorian Council of the Arts to assist the Minister and the Director in the administration of this Act.
(2)The Victorian Council of the Arts shall—
(a)advise the Minister on matters which are referred to it by the Minister;
(b)advise the Director on matters which are referred to it by the Director; and
(c)from time to time make such recommendations to the Minister on any matter which the Council is of the opinion is relevant to the objects of this Act.
S. 11(3) amended by No. 29/1994
s. 72(1).
(3)The members of the Council shall be appointed by the Minister for such term not exceeding 3 years as is specified and may be removed by the Minister.
S. 11(3A) inserted by No. 29/1994
s. 72(2).
(3A)A person who has been a member of the Council for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—
(a)the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or
s. 11
(b)a period of 3 years or more has elapsed since the person last was a member of the Council.
S. 11(4) amended by No. 61/1996
s. 84(2).
(4)Members of the Council shall receive such travelling and other allowances and fees as are fixed from time to time by the Governor in Council.
(5)Subject to this Act and the regulations the Council shall regulate its own proceedings.
S. 11(6) amended by No. 29/1994
s. 72(3).
(6)The Minister shall appoint one of the members of the Council to be the President of the Council.
S. 11A inserted by No. 29/1994
s. 73.
11A.Membership of Council not office of profit
s. 11A
A member of the Victorian Council of the Arts shall not be taken by a reason of being a member to hold an office or place of profit under the Crown which would—
(a)prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b)make void the member's election to the Legislative Council or Legislative Assembly; or
(c)prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or
(d)subject the member to liability to a penalty under the Constitution Act 1975.
12.Report
(1)The Victorian Council of the Arts shall at least once in every year and not later than 30th September in each year make a report to the Minister on the operation of this Act and the state of the Arts in Victoria.
(2)Every report made by the Council shall be laid before both Houses of Parliament within 14 days of the making thereof if Parliament is then sitting and if Parliament is not then sitting within 14 days after the next meeting of Parliament.
13.Regulations
The Governor in Council may make regulations—
S. 13(a) repealed by No. 61/1996
s. 84(3).
*****
(b)regulating the proceedings of the Victorian Council of the Arts; and
(c)generally prescribing any matter or thing authorized or required or necessary to be prescribed for the purposes of this Act.
S. 13A inserted by No. 46/1998
s. 7(Sch. 1).
13A.Transitional provisions
s. 13A
(1)In an Act, a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever a reference to the Ministry for the Arts Act 1972 is, in relation to any period occurring on or after the commencement of Schedule 1 to the Public Sector Reform (Miscellaneous Amendments) Act 1998, and unless inconsistent with the context or subject matter, to be taken to be a reference to the Arts Victoria Act 1972.
(2)A person appointed as Director under the Ministry for the Arts Act 1972 before the commencement of Schedule 1 to the Public Sector Reform (Miscellaneous Amendments) Act 1998 is to be taken after that commencement to be employed under Part 3 of the Public Sector Management and Employment Act 1998 on the same terms and conditions and with the same accrued or accruing entitlements as applied to the person under the Ministry for the Arts Act 1972 immediately before that commencement.
Ss 14, 15 repealed by No. 46/1998
s. 7(Sch. 1).
*****
S. 16
repealed by No. 9863
s. 2.
*****
______
Schedule amended by Nos 8451 s. 3, 8831 s. 2, substituted by No. 9016 s. 12, amended by Nos 9263 s. 7, 9354 s.2(i)(Sch. Pt2 items2, 3), 9406
s. 4(6), 9808
s. 6, 9903
s. 33(1)(Sch.1 item11), 9943 s. 17, 80/1988 s. 55(4)(a)(b), 2/1997 s.33, repealed by No. 46/1998
s. 7(Sch. 1).
*****
Sch.
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ENDNOTES
Endnotes
1.General Information
The Arts Victoria Act 1972 was assented to on 13 December 1972 and came into operation on 19 December 1972: Government Gazette 19December 1972 page 4039.
The name of this Act was changed from the Ministry for the Arts Act 1972 to the Arts Victoria Act 1972 by section 7 (Schedule 1) of the Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Arts Victoria Act 1972 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Ministry for the Arts (Amendment) Act 1973, No. 8451/1973
Assent Date: / 30.10.73Commencement Date: / 30.10.73
CurrentState: / All of Act in operation
Ministry for the Arts (Transfer of Administration) Act 1976, No. 8831/1976
Assent Date: / 6.5.76Commencement Date: / 6.5.76
CurrentState: / All of Act in operation
State Library and National Museum Buildings Committee Act 1977, No.9016/1977
Assent Date: / 17.5.77Commencement Date: / 25.7.78: Government Gazette 25.7.78 p. 2427
CurrentState: / All of Act in operation
Exhibition (Amendment) Act 1979, No. 9263/1979
Assent Date: / 3.7.79Commencement Date: / 15.8.79: Government Gazette 15.8.79 p. 2551
CurrentState: / All of Act in operation
Victorian Arts Centre Act 1979, No. 9354/1979
Assent Date: / 20.12.79Commencement Date: / 13.3.80: Government Gazette 5.3.80 p. 707
CurrentState: / All of Act in operation
Geelong Performing Arts Centre Trust Act 1980, No. 9406/1980
Assent Date: / 20.5.80Commencement Date: / 3.10.80: Government Gazette 24.9.80 p. 3247
CurrentState: / All of Act in operation
Film Victoria (Reconstitution) Act 1982, No. 9808/1982
Assent Date: / 7.12.82Commencement Date: / 21.12.82: Government Gazette 21.12.82 p. 4125
CurrentState: / All of Act in operation
Public Account (Trust Funds) Act 1982, No. 9861/1982
Assent Date: / 5.1.83Commencement Date: / 12.1.83: Government Gazette 12.1.83 p. 81
CurrentState: / All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date: / 5.1.83Commencement Date: / 5.1.83
CurrentState: / All of Act in operation
Museums Act 1983, No. 9903/1983
Assent Date: / 15.6.83Commencement Date: / 1.7.83: Government Gazette 22.6.83 p. 1709
CurrentState: / All of Act in operation
State Film Centre of Victoria Council Act 1983, No. 9943/1983
Assent Date: / 20.9.83Commencement Date: / 12.12.83: Government Gazette 7.12.83 p. 3931
CurrentState: / All of Act in operation
Endnotes
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: / 22.5.84Commencement Date: / 22.5.84: subject to s. 3(2)
CurrentState: / All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date: / 24.5.88Commencement Date: / S. 93(2)(Sch. 2 Pt 2 item 36) on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState: / This information relates only to the provision/s amending the Arts Victoria Act 1972
Libraries Act 1988, No. 80/1988
Assent Date: / 20.12.88Commencement Date: / 24.5.89: Government Gazette 24.5.89 p. 1222
CurrentState: / All of Act in operation
Arts Institutions (Amendment) Act 1994, No. 29/1994
Assent Date: / 31.5.94Commencement Date: / 31.5.94: s. 2
CurrentState: / All of Act in operation
Arts Institutions (Amendment) Act 1996, No. 61/1996
Assent Date: / 17.12.96Commencement Date: / Ss 83, 84 on 6.2.97: Government Gazette 6.2.97 p.257—see Interpretation of Legislation Act 1984
CurrentState: / This information relates only to the provision/s amending the Arts Victoria Act 1972
Cinemedia Corporation Act 1997, No. 2/1997
Assent Date: / 22.4.97Commencement Date: / S. 33 on 1.7.97: s. 2(3)
CurrentState: / This information relates only to the provision/s amending the Arts Victoria Act 1972
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: / 26.5.98Commencement Date: / S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState: / This information relates only to the provision/s amending the Arts Victoria Act 1972
Public Administration Act 2004, No.108/2004
Assent Date: / 21.12.04Commencement Date: / S.117(1)(Sch. 3 item 15) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState: / This information relates only to the provision/s amending the Arts Victoria Act 1972
Endnotes
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3.Explanatory Details
Endnotes
1
[1] S. 11: Section 74 of the Arts Institutions (Amendment) Act 1994,
No. 29/1994 reads as follows:
74.Transitional provisions
(1)The person holding office as Chairman of the Victorian Council of the Arts under the Principal Act as in force immediately before the commencement of this section continues to hold office as President for the remainder of the term for which, and on the same terms and conditions as those on which the person was appointed as Chairman.
(2)A member of the Victorian Council of the Arts who was appointed under the Principal Act before the commencement of this section continues to be a member until the expiry of his or her current term of office.