NATIONAL GALLERY ACT 1975 - NOTES
NATIONAL GALLERY ACT 1975 - NOTES
No. 61, 1975
Compilation No. 16
Compilation date: 1 May 2021
Includes amendments up to: Act No. 20, 2021
Registered: 14 May 2021
About this compilation
This compilation
This is a compilation of the National Gallery Act 1975 that shows the text of the law as amended and in force on 1 May 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Commencement
3 Interpretation
Part II--The National Gallery of Australia
4 Establishment of National Gallery of Australia
6 Functions of Gallery
7 Powers of Gallery
8 Land and works of art for Gallery
9 Disposal of works of art from national collection
10 Exchange of works of art
11 Disposal of property left with Gallery
Part III--The Council
12 Council
13 Membership of Council
14 Deputy Chair
15 Acting members
16 Remuneration and allowances of members etc.
17 Termination of appointment
18 Resignation
20 Meetings of Council
21 Committees of Council
22 Delegation
Part IV--The Director
24 Director
26 Terms and conditions of appointment etc.
27 Remuneration and allowances
28 Leave of absence
29 Termination of appointment
30 Resignation
31 Acting Director
Part V--Staff
33 Staff
Part VI--Finance
34 Moneys payable to Gallery
36 National Gallery of Australia Fund
37 Application of moneys
37A Investment policy
38 Restrictions on financial transactions
40 Annual report
41 Exemption from taxation
Part VII--Miscellaneous
45 Supply of liquor on premises of Gallery
45A Minister may give directions to the Council
45B Delegation by the Minister
46 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
61, 1975 | 19 June 1975 | 3 June 1976 (Gazette 1976, No. S93) |
| |
36, 1978 | 12 June 1978 | 12 June 1978 | ||
65, 1985 | 5 June 1985 | s. 3: Royal Assent (a) | ||
as amended by |
|
|
|
|
193, 1985 | 16 Dec 1985 | s. 3: Royal Assent (b) | ||
Lands Acquisition (Repeal and Consequential Provisions) Act 1989 | 21, 1989 | 20 Apr 1989 | 9 June 1989 (s. 2 and Gazette 1989, No. S185) | |
Arts, Territories and Environment Legislation Amendment Act 1989 | 60, 1989 | 19 June 1989 | ss. 11 and 13: 7 Dec 1988 | -- |
Arts, Environment, Tourism and Territories Legislation Amendment Act 1990 | 88, 1990 | 20 Nov 1990 | -- | |
Arts, Sport, Environment, Tourism and Territories Legislation Amendment Act (No. 2) 1991 | 179, 1991 | 25 Nov 1991 | 25 Nov 1991 | |
199, 1991 | 18 Dec 1991 | 18 Dec 1991 | -- | |
Arts, Environment and Territories Legislation Amendment Act 1992 | 130, 1992 | 24 Oct 1992 | 24 Oct 1992 | |
Arts, Environment and Territories Legislation Amendment Act 1993 | 6, 1994 | 18 Jan 1994 | s. 5: Royal Assent (d) | -- |
43, 1996 | 25 Oct 1996 | Schedule 2 (item 75): (e) Schedule 4 (items 100, 101) and Schedule 5 (items 90-92): Royal Assent (e) | -- | |
152, 1997 | 24 Oct 1997 | Sch 2 (items 951-962): 1 Jan 1998 (s 2(2)) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 627): 5 Dec 1999 (s 2(1), (2) and gaz 1999, No S584) | -- |
156, 1999 | 24 Nov 1999 | Sch 10 (items 94, 95): 13 Mar 2000 (s 2(2)(c) and gaz 2000, No S114) | -- | |
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 | 159, 2001 | 1 Oct 2001 | Sch 1 (item 68): 29 Oct 2001 (s 2(1)) | Sch 1 (item 97) |
27, 2003 | 11 Apr 2003 | 12 Apr 2003 (s 2) | -- | |
5, 2011 | 22 Mar 2011 | Sch 5 (items 143, 144): 19 Apr 2011 (s 2(1) item 13) | -- | |
46, 2011 | 27 June 2011 | Sch 2 (items 792-796) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12) | Sch 3 (items 10, 11) | |
62, 2014 | 30 June 2014 | Sch 10 (items 69-84) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
61, 2016 | 23 Sept 2016 | Sch 1 (item 334): 21 Oct 2016 (s 2(1) item 1) | -- | |
National Collecting Institutions Legislation Amendment Act 2021 | 20, 2021 | 2 Mar 2021 | Sch 1 (items 7-9, 19) and Sch 2 (items 17-26): 1 May 2021 (s 2(1) item 1) | Sch 1 (item 19) and Sch 2 (item 26) |
(a) The National Gallery Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(29) of which provides as follows:
(29) The amendments of the National Gallery Act 1975 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.
(b) The Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, paragraph 2(15)(a) of which provides as follows:
(15) The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 made by this Act shall be deemed to have come into operation:
(a) in the case of the amendment made to subsection 2(29)--on the day on which that Act received the Royal Assent; and
(c) The National Gallery Act 1975 was amended by Part 5 (sections 9-11) only of the Arts, Environment, Tourism and Territories Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:
(1) Parts 1, 4, 5, 6, 7 and 8 commence on the day on which this Act receives the Royal Assent.
(d) The National Gallery Act 1975 was amended by section 5 only of the Arts, Environment and Territories Legislation Amendment Act 1993, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(e) The National Gallery Act 1975 was amended by Schedule 2 (item 75), Schedule 4 (items 100 and 101) and Schedule 5 (items 90-92) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Item 75 is taken to have commenced immediately after the commencement of the Arts, Environment and Territories Legislation Amendment Act 1992.
The Arts, Environment and Territories Legislation Amendment Act 1992 came into operation on 24 October 1992.
Provision affected | How affected |
Title.................... | rs. No. 130, 1992 |
Part I |
|
s 3..................... | am. No. 65, 1985; No. 130, 1992; No. 152, 1997; No. 5, 2011; No 62, 2014 |
Part II |
|
Heading to Part II........... | rs. No. 43, 1996 |
s 4..................... | am. No. 65, 1985; No. 130, 1992; No. 6, 1994; No. 152, 1997; No 62, 2014 |
s 5..................... | rep No 20, 2021 |
s 6..................... | am No 20, 2021 |
s 7..................... | am. No. 65, 1985; No. 152, 1997; No 62, 2014 |
s 8..................... | am. No. 65, 1985; No. 43, 1996 |
s 9..................... | am No. 65, 1985; No 88, 1990; No 27, 2003; No 20, 2021 |
s 10.................... | rs. No. 65, 1985 |
s 11.................... | am. No. 65, 1985; No. 21, 1989; No. 43, 1996 |
Part III |
|
s 12.................... | am. No. 130, 1992 |
s 13.................... | am No 65, 1985; No 43, 1996; No 152, 1997; No 20, 2021 |
s 14.................... | am. No. 43, 1996; No. 152, 1997 |
s 15.................... | am No 43, 1996 |
| rs No 20, 2021 |
s 16.................... | am No 65, 1985; No 43, 1996; No 20, 2021 |
s 17.................... | am. No. 65, 1985; No. 43, 1996; No. 152, 1997; No. 156, 1999; No 62, 2014 |
s 18.................... | am. No. 43, 1996 |
s 19.................... | rs. No. 65, 1985 |
| rep. No. 152, 1997 |
s 20.................... | am No 43, 1996; No 152, 1997; No 20, 2021 |
s 22.................... | rs. No. 65, 1985 |
| am. No. 152, 1997 |
Part IV |
|
Heading to Part IV.......... | rs No. 65, 1985 |
s 23.................... | rep No. 65, 1985 |
s 24.................... | am No. 130, 1992 |
s 25.................... | rep No. 65, 1985 |
s 26.................... | am No. 65, 1985; No. 43, 1996; No. 159, 2001 |
s 27.................... | am No. 65, 1985; No. 43, 1996 |
s 28.................... | am No. 65, 1985 |
| rs No. 179, 1991 |
| am No. 146, 1999 |
s 29.................... | am No. 65, 1985; No. 179, 1991; No. 43, 1996; No. 152, 1997; No. 156, 1999; No 62, 2014 |
s 30.................... | am No. 65, 1985; No. 43, 1996 |
s 31.................... | rs No. 65, 1985 |
| am No. 46, 2011 |
s 32.................... | rep No. 65, 1985 |
Part V |
|
s 33.................... | am No. 199, 1991 |
Part VI |
|
s 34.................... | am No. 34, 1978; No. 5, 2011 |
s 35.................... | rep No. 152, 1997 |
s 36.................... | rs No. 65, 1985 |
| am No. 130, 1992 |
s 37.................... | am No 65, 1985; No 152, 1997; No 62, 2014; No 20, 2021 |
s 37A................... | ad No 20, 2021 |
s 38.................... | am No 65, 1985; No 60, 1989; No 179, 1991; No 152, 1997; No 62, 2014 |
| rs No 20, 2021 |
s 39.................... | rs No. 65, 1985 |
| rep No. 152, 1997 |
s 40.................... | rs No. 65, 1985 |
| am No. 88, 1990 |
| rs No. 152, 1997; No 62, 2014 |
s 41.................... | am No. 65, 1985 |
Part VII |
|
s 42.................... | am No. 36, 1978 |
| rep No. 65, 1985 |
s 43.................... | rep No. 65, 1985 |
s 44.................... | rep No. 65, 1985 |
s 45A................... | ad No 20, 2021 |
s 45B................... | ad No 20, 2021 |
s 46.................... | am No. 65, 1985; No 61, 2016 |