VersionNo. 046
National Gallery of Victoria Act 1966
No. 7482 of 1966
Version incorporating amendments as at
1 March 2015
table of provisions
SectionPage
1
SectionPage
1Short title
2Commencement
4Definitions
4AEstablishment of National Gallery
4BFilming Approval Act 2014
Part I—Constitution of the Council of Trustees of the National Gallery of Victoria
5Constitution of Council
5ACouncil represents the Crown
5BCouncil subject to control of the Minister
6Composition of the Council
7Vacancies
7ACouncil may act despite vacancy etc.
8President
9Quorum
9AResolutions without meetings
9BConflicts of interest
10Remuneration and allowances
10AMembership of Council not office of profit
11Council first constituted
11ACommittees
11BDelegation
12Director
12AStaff
Part II—General
Division 1—Functions of the Council
13Functions of the Council
Division 2—General provisions applicable to the Council
13APowers of the Council
14Power to Council to sell, purchase etc. property
15Protection of trustees and members
16Disposal of unclaimed property
Division 2A—Management of land
17Application
17APower to enter into leases
17BPower to grant licences over National Gallery land
Division 3—Financial and supplementary provisions
18Account to be kept
18AABorrowing and investment powers
18ACouncil may make by-laws
19Regulations
20Transitional provisions
21Transitional
Division 4—Further transitional provisions
22Determination of staff to be transferred
23Director
24Transfer of staff
25Saving for reconstituted Council
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 046
National Gallery of Victoria Act 1966
No. 7482 of 1966
Version incorporating amendments as at
1 March 2015
An Act to constitute a Council of Trustees of the National Gallery of Victoria and for other purposes.
1
National Gallery of Victoria Act 1966
No. 7482 of 1966
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):
1Short title
This Act may be cited as the National Gallery of Victoria Act 1966.
2Commencement
The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S. 3
repealed by No. 29/1994 s.13.
*****
S. 4 amendedby No. 85/2006 s.173(Sch. 1 item7.2) (ILA s.39B(1)).
4Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
Council means the Council of Trustees of the National Gallery of Victoria constituted under this Act;
S. 4(1) def. of country art gallery amended by No. 45/1987 s.205(Sch. item 99), repealed by No. 61/1996 s.69(a).
*****
S. 4(1) def. of development collection inserted by No. 8846 s.2(a).
development collection means the development collection established by the Council within the State collection in the National Gallery;
S. 4(1) def. of Director inserted by No. 61/1996
s. 69(b).
Director means the Director of the National Gallery of Victoria appointed under section12;
S.4(1) def. of film friendly principles insertedby No.51/2014 s.9(Sch.2 item12.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S.4(1) def. of film permitinsertedby No.51/2014 s.9(Sch.2 item12.1).
film permit has the same meaning as in the Filming Approval Act 2014;
S. 4(1) def. of National Gallery substituted by No. 8846 s.2(b).
National Gallery means the National Gallery of Victoria established under this Act;
S. 4(1) def. of National Gallery land inserted by No. 34/2000 s.20.
National Gallery land means the land shown as Parcel B on the plan numbered
LEGL./00–04 lodged in the Central Plan Office in the Department of Natural Resources and Environment;
Presidentmeans President of the Council;
S. 4(1) def. of regional art gallery inserted by No. 61/1996 s.69(c), substituted by No. 85/2006 s.173(Sch. 1 item 7.1).
regional art gallerymeans an art gallery situate and conducted outside—
(a)the metropolitan area for the time being within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
(b)any area declared by the Governor in Council under subsection (2) to be the metropolitan area.
S. 4(2) inserted by No. 85/2006 s.173(Sch. 1 item 7.2).
(2)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
S. 4(3) inserted by No. 85/2006 s.173(Sch. 1 item 7.2).
(3)An Order made under subsection (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.
S. 4(4) inserted by No. 85/2006 s.173(Sch. 1 item 7.2).
(4)Subsection (3) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.
S. 4A
inserted by No. 8846 s.3.
4AEstablishment of National Gallery
S. 4A(1) amended by No. 34/2000 s.21.
(1)The National Gallery of Victoria shall be established.
S. 4A(2) substituted by No. 34/2000 s.21.
(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.
S. 4A(3) inserted by No. 34/2000 s.21.
(3)The Minister may revoke, amend or vary a notice made under subsection (2)(b) by notice published in the Government Gazette.
S. 4A(4) inserted by No. 34/2000 s.21.
(4)Any proclamation made under this section and in force immediately before the commencement of section 21 of the Arts Legislation (Amendment) Act 2000 is deemed to be a notice made by the Minister under subsection (2)(b).
S.4Binsertedby No.51/2014 s.9(Sch.2 item12.2).
4BFilming Approval Act 2014
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
______
Part I—Constitution of the Council of Trustees of the National Gallery of Victoria
5Constitution of Council
(1)For the purposes of this Act there shall be a Council to be called the "Council of Trustees of the National Gallery of Victoria".
(2)By that name the Council shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing leasing holding selling and disposing of real and personal property for the purposes of this Act and of doing and suffering all such acts and things as bodies corporate may by law do and suffer and as are necessary or expedient for the purpose of carrying out its functions under this Act.
S. 5A
inserted by No. 29/1994 s.4.
5ACouncil represents the Crown
In performing its functions and exercising its powers under this Act the Council represents the Crown.
S. 5B
inserted by No. 29/1994 s.4, amendedby No. 61/1996 s.70.
5BCouncil subject to control of the Minister
In performing its functions and exercising its powers under this Act, the Council is subject to the direction and control of the Minister.
6Composition of the Council
S. 6(1) amended by No. 59/1998 s.5(1)(a).
(1)The Council shall consist of 11 members appointed by the Governor in Council of whom—
S. 6(1)(a) amended by No. 61/1996 s.71(1)(a).
(a)one shall be a person holding a senior academic office in the visual arts in a University in Victoria;
S. 6(1)(b) amended by No. 61/1996 s.71(1)(b).
(b)one shall be a person having relevant experience in relation to regional art galleries within Victoria;
(c)one shall be a person who in the opinion of the Minister is distinguished in the field of business administration;
(d)one shall be a person who in the opinion of the Minister is distinguished in the field of finance;
S. 6(1)(e) amended by No. 59/1998 s.5(1)(b).
(e)7 others shall be nominated by the Minister.
S. 6(2) substituted by No. 9600 s.2(1), amended by No. 29/1994 s.5(1).
(2)Subject to this Act, a member of the Council shall hold office for such term (not exceeding three years) as is specified in the instrument by which he is appointed and shall, subject to subsections (2A) and (3), be eligible for re-appointment[1].
S. 6(2A) inserted by No. 29/1994 s.5(2).
(2A)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[2]—
(a)the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or
(b)a period of 3 years or more has elapsed since the person last was a member of the Council.
S. 6(3) repealed by No. 42/1995
s. 224(Sch. 2 item 28), news.6(3) inserted by No. 61/1996 s.71(2), substituted by Nos 59/1998 s.5(2), 108/2004 s.117(1) (Sch.3 item140), 80/2006 s.26(Sch. item75).
(3)The Public Administration Act 2004 (other than Part3 of that Act) applies to a member of the Council in respect of the office of member.
S. 6(4) repealed by No. 42/1995 s.224(Sch. 2 item 28).
*****
7Vacancies
(1)The office of any member of the Council shall become vacant—
(a)at the expiration of his term of office;
(b)if he dies;
(c)if he is incapable of continuing as a member;
(d)if he resigns by writing under his hand addressed to the Governor in Council;
(e)if without leave granted by the President he fails to attend four successive meetings of the Council;
(f)if he is removed from office by the Governor in Council.
(2)Where any leave granted to a member by the President exceeds three consecutive meetings the Council shall notify the Minister of the granting of the leave.
S. 7(3)(4) repealed by No. 29/1994 s.6.
*****
S. 7A
inserted by No. 61/1996 s.72.
7ACouncil may act despite vacancy etc.
An act or decision of the Council is not invalid only because of—
(a)a defect or irregularity in or in connection with the appointment of a member; or
(b)a vacancy in the office of member.
8President
(1)When appointing the members of the Council the Governor in Council shall appoint one of the members to be the President of the Council and may fill any vacancy in the office of President.
(2)The President shall hold office as such for the term of his appointment as a member and shall be eligible for re-appointment as President.
(3)If the member of the Council holding the office of President ceases to be a member of the Council he shall cease also to be President of the Council.
S. 8(4) repealed by No. 61/1996 s.73(1).
*****
S. 8(5) substituted by No. 61/1996 s.73(2).
(5)The President or, in his or her absence, a member elected by the members present to be chairman of the meeting, must preside at a meeting of the Council.
(6)In the case of an equality of votes at any meeting of the Council the chairman of the meeting shall have a second or casting vote.
(7)Subject to this Act and the regulations the Council may regulate its own procedure.
S. 8(8) inserted by No. 61/1996 s.73(3).
(8)The Council must meet on at least 6 occasions in each year at the times and places that are determined by the President or the Council.
9Quorum
A quorum of the Council shall consist of a majority in number of the members of the Council for the time being and at any meeting of the Council at which a quorum is present the members present shall have full power to act.
S. 9A
inserted by No. 61/1996 s.74.
9AResolutions without meetings
(1)If—
(a)the Council 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 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 Council 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 which the last of those members signs the document.
(2)For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.
(3)If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Council, 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 subsection (1)(b) must not include a member who, because of section 9B, is not entitled to vote on the resolution.
S. 9B
inserted by No. 61/1996 s.74.
9BConflicts 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 Council; 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 Council or, in the case of a proposed resolution notice of which is given under section 9A(1)(a), to the President.
(2)The Council or the President must cause the declaration to be tabled at the next meeting of the Council and the person presiding at that 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 Council directs otherwise; and
(b)is not entitled to vote on the matter.
(4)If a member votes on a matter in contravention of subsection (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 subsection (3)(a).
(6)For the purposes of this section, a member is not to be regarded as having a conflict of interest—
(a)in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b)in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
S. 10 amended by No. 29/1994 s.7, substituted by No. 61/1996 s.75.
10Remuneration and allowances
A member of the Council is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.
S. 10A inserted by No. 29/1994 s.8.
10AMembership of Council not office of profit
A member of the Council shall not be taken by 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.
11Council first constituted
(1)The first meeting of the Council shall be held at such time and place as is fixed by the President.
(2)The Council shall be deemed to have been duly constituted on the day on which it holds its first meeting.
S. 11(3) repealed by No. 61/1996 s.76.
*****
S. 11A inserted by No. 61/1996 s.77.
11ACommittees
(1)The Council may—
(a)establish any committees it considers necessary and define the constitution and functions of each committee so established;
(b)determine the procedure of each committee;
(c)change the constitution or functions of a committee;
(d)dissolve a committee.
(2)A person may be a member of a committee established by the Council even though he or she is not a member of the Council.
(3)A member of a committee established by the Council is entitled to receive any fees or travelling or other expenses determined by the Council.
S. 11B inserted by No. 61/1996 s.77.
11BDelegation
(1)The Council 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 committee of the Council, if the committee includes 2 or more members of the Council; or
(b)the Director; or
(c)any of its members; or
(d)any member of its staff.
(2)A delegation under subsection (1) may be made to a specified person or class of persons referred to in that subsection.
S. 12 amended by No. 10087 s.3(1)(Sch. 1 item177),
substituted by No. 61/1996
s. 78.
12Director
(1)There shall be a Director of the National Gallery of Victoria.
(2)The Director shall—
(a)be the chief executive officer of the Council; and
(b)have the control and management of the day to day affairs of the Council in accordance with directions given by the Council.
(3)The Director shall be appointed by the Council, 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 reappointment.
(4)The Director holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.
(5)The Council must not remove the Director from office except with the approval of the Minister.
S. 12A inserted by No. 61/1996
s. 78.
12AStaff
The Council may employ any persons necessary for the purposes of this Act.
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Part II—General
Division 1—Functions of the Council
S. 13
amended by No. 61/1996 s.79(1)(a).
13Functions of the Council
(1)The functions of the Council shall be—
S. 13(1)(a) substituted by No. 34/2000 s.22(a).
(a)to control, manage, operate, promote, develop and maintain the National Gallery and the National Gallery land;
S. 13(1)(b) amended by No. 61/1996 s.79(1)(b).
(b)to maintain, conserve, develop and promote the State collection of works of art;
(c)to make material within the State collection available to persons, departments and institutions in such manner and subject to such conditions as the Council determines with a view to the most advantageous use of the State collection;
S. 13(1)(ca) inserted by No. 61/1996 s.79(1)(c).
(ca)to conduct public programs and exhibitions of material within the State collection;
S. 13(1)(d) amended by No. 61/1996 s.79(1)(d).
(d)to carry out and make available such other services, including computer and other technologies and the printing publication and sale of books information and reproductions, in relation to pictures, works of art and art exhibits as the Council thinks fit;
(e)to assist in the promotion organization and supervision of art galleries and any body or association established for the promotion of art within Victoria;
(f)to advise the Minister and the organizations mentioned in paragraph (e) on matters of general policy relating to art galleries;
S. 13(1)(g) substituted by No. 61/1996 s.79(1)(e).
(g)to provide leadership in the provision of art gallery services in Victoria;
S. 13(1)(h) amended by No. 29/1994 s.9(a)(b).
(h)to carry out such other functions as the Minister from time to time approves;
S. 13(1)(i) repealed by No. 8846 s.4, new s.13(1)(i) inserted by No. 34/2000 s.22(b).
(i)to carry out any other function conferred on the Council under this Act.
S. 13(2) inserted by No. 61/1996 s.79(2).
(2)In carrying out its functions, the Council must endeavour to contribute to the enrichment of the cultural, educational, social and economic life of the people of Victoria.
Division 2—General provisions applicable to the Council
S. 13A inserted by No. 34/2000 s.23.
13APowers 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 subsection (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 constituted by the Victorian Arts 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.
14Power to Council to sell, purchase etc. property
(1)Subject to subsection (2) and with the approval of the Governor in Council the Council may exchange sell lease or dispose of any property vested in it by or under this Act.
S. 14(1A) inserted by No. 34/2000 s.24.
(1A)Nothing in this section applies in respect of the National Gallery land.
S. 14(2) substituted by No. 29/1994 s.10(1).
(2)The Governor in Council must not approve the sale, exchange or disposal of a work of art in the State collection unless satisfied that the Council has resolved that retention of that work is unnecessary and inappropriate to the activities of the Council.