New South Wales Consolidated Acts

ART GALLERY OF NEW SOUTH WALES ACT 1980 - SECT 8

8 Powers of Trust

(1) The Trust may:

(a) maintain, or make arrangements for the maintenance of, Trust property or property in the custody of the Trust and, in pursuance of its objects, acquire works of art and other property,

(b) promote and provide exhibitions, lectures, films, publications and other educational or cultural instruction or materials,

(c) provide professional advice and services to the public or to any person or body with respect to any matter concerning art or works of art and their maintenance and preservation,

(d) subject to any conditions the Trust imposes, permit the use of any part of the Art Gallery or any branch thereof for activities of an educational or cultural nature, for social functions, State occasions or charitable or other promotional activities or for the holding of conferences or meetings,

(e) permit the use of the Art Gallery or any branch thereof for the taking of photographs, the making of films or sound recordings and the production of television or radio programmes or material,

(f) in the Art Gallery or any branch thereof, provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith,

(g) engage and enter into contracts with artists, entertainers, lecturers and performers:

(i) to appear at the Art Gallery or any branch thereof, or

(ii) in connection with any service provided under this section or otherwise in pursuance of the objects of the Trust,

(h) charge and receive fees or other amounts for or in connection with any advice or service provided, article sold or permission given by the Trust in its exercise of any of the functions conferred on it by this section, which fees and other amounts shall be the property of the Trust,

(i) lend works of art to, or borrow works of art from, art galleries or museums for exhibition, upon such conditions as may be agreed to, and

(j) enter into any contract or arrangement with any person for the purpose of carrying out or promoting the objects of the Trust.

(2) Subject to this Act and the by-laws, the Trust shall have the control and management of the Art Gallery and of all property vested in the Trust.

(3) The Trust may agree to the imposition of any condition on its acquisition of any property, except where the condition is inconsistent with its objects.

(4) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust under subsection (3) in relation to the property.

(5) The rule of law against remoteness of vesting does not apply to a condition to which the Trust has agreed under subsection (3).

(6) The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.

(7) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise its functions.

(8) A person may be appointed to a committee whether or not the person is a trustee.

(9) The trust may establish, control and manage branches or departments of the Art Gallery.

(10) The Trust shall have and may exercise such functions, in addition to those specified in this section, as are reasonably necessary for the attainment of its objects, but may borrow money only in accordance with Part 4.

(11) However, the Trust cannot employ any staff.

Note: Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.