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Western Australia
Culture, Libraries and the Arts
(Consequential Provisions) Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Art Gallery Act 1959
3. The Act amended 3
4. Section 4 amended 3
5. Section 4A repealed 4
6. Sections 5 and 6 replaced 4
7. Section 7 amended 5
8. Section 8 amended 5
9. Section 9 amended 6
10 . Section 10 amended 6
11 . Section 11 amended 6
12 . Section 12 amended 7
13 . Section 13 amended 7
14 . Section 14 amended 7
15 . Section 15 replaced 8
16 . Section 16 amended, and savings 8
page i
36--1
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Contents
17 . Sections 17, 18, 19, 20, 20A and 21 replaced by
sections 17 and 18 9
18 . Section 22 repealed, and transitional 10
19 . Section 23 amended 11
20 . Section 24 amended 11
21 . Section 25 amended 12
22 . Section 26 amended 12
23 . Section 27 amended 13
24 . Section 28 repealed 13
25 . Section 28A amended 13
26 . Section 28AA inserted 14
27 . Section 28B amended 15
28 . Section 28BA inserted 16
29 . Section 28C amended 16
30 . Section 29 amended 16
31 . Section 30 repealed 17
Part 3 -- Museum Act 1969
32 . The Act amended 18
33 . Section 6 amended 18
34 . Part II heading amended 19
35 . Sections 7, 8, 9 and 10 replaced 19
36 . Section 11 amended 22
37 . Section 12 amended 22
38 . Section 13 amended 23
39 . Section 14 amended 24
40 . Section 14A repealed 24
41 . Section 15 amended 24
42 . Section 16 amended 25
43 . Section 17 amended 25
44 . Section 18 amended, and savings 26
45 . Sections 19 and 20 repealed 27
46 . Section 21 replaced 27
47 . Section 22 repealed 27
page ii
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Contents
48 . Section 23 amended 27
49 . Section 24 replaced 28
50 . Sections 25, 26, 27, 28 and 28A repealed 28
51 . Part III repealed, and transitional 28
52 . Part IV repealed 29
53 . Section 44 amended 29
54 . Section 45 amended 29
55 . Part VIA inserted 31
56 . Section 46 amended 35
57 . Section 47 amended 36
58 . Section 48 amended 36
59 . Section 49 amended 36
60 . Section 50 amended 37
61 . Section 51 amended 37
Part 4 -- Repeals, transitional provisions and
consequential amendments
62 . Definitions 40
63 . Repeal consequential to amendment of Art Gallery
Act 1959 40
64 . Library Board of Western Australia Act 1951
repealed, and transitional provisions 40
65 . Perth Theatre Trust Act 1979 repealed, and
transitional provisions 41
66 . Consequential amendments -- Schedule 1 41
Schedule 1 -- Consequential amendments
1. Aboriginal Heritage Act 1972 amended, and
savings 42
2. Conservation and Land Management Act 1984
amended 43
3. Constitution Acts Amendment Act 1899 amended 44
4. Evidence Act 1906 amended 45
page iii
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Contents
5. Financial Administration and Audit Act 1985
amended 45
6. Government Employees Superannuation Act 1987
amended 46
7. Litter Act 1979 amended 46
8. Maritime Archaeology Act 1973 amended 46
9. Public Sector Management Act 1994 amended 52
10 . State Records Act 1998 amended 52
11 . Statutory Corporations Liability of Directors
Act 1996 amended 53
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Culture, Libraries and the Arts
(Consequential Provisions) Bill 1998
A Bill for
An Act
· to amend the Art Gallery Act 1959 and the Museum
Act 1969 and various other Acts; and
5 · to repeal the Library Board of Western Australia Act 1951
and the Perth Theatre Trust Act 1979,
as a consequence of the enactment of the Culture, Libraries and the
Arts Act 1998, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Culture, Libraries and the Arts
(Consequential Provisions) Act 1998.
5 2. Commencement
The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
page 2
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 3
Part 2 -- Art Gallery Act 1959
3. The Act amended
This Part amends the Art Gallery Act 1959*.
[* Reprinted as at 30 March 1989.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 15.]
4. Section 4 amended
Section 4 is amended as follows:
(a) by deleting the definitions of "appointed member", "Art
10 Gallery" and "Board" and inserting the following
definitions instead --
"
"Art Gallery" means the art gallery operated by the
department under the name "The Art Gallery of
15 Western Australia";
"Art Gallery operations" means the operations of the
department performed for the purposes of the Art
Gallery;
"Board" means the Art Gallery Advisory Board
20 established by section 5;
";
(b) by inserting after the definition of "chairman" the
following definitions --
"
25 "chief executive officer" means the chief executive
officer of the department;
page 3
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 2 Art Gallery Act 1959
s. 5
"Corporate Minister" means the body corporate
referred to in section 6 of the Culture, Libraries
and the Arts Act 1998;
";
5 (c) by inserting after the definition of "Council" the
following definition --
"
"department" has the same meaning as it has in the
Culture, Libraries and the Arts Act 1998;
10 ";
(d) in the definition of "Director", by deleting "appointed
under" and inserting instead --
" , as referred to in ";
(e) in the definition of "member", by deleting "constituted
15 under section 6(1)";
(f) by deleting the definition of "proclaimed date";
(g) in the definition of "rules", by deleting the semicolon at
the end of the definition and inserting instead a full stop;
(h) by deleting the definition of "Trustees".
20 5. Section 4A repealed
Section 4A is repealed.
6. Sections 5 and 6 replaced
Sections 5 and 6 are repealed and the following sections are
inserted instead --
25 "
5. Board established
A body called the Art Gallery Advisory Board is
established.
page 4
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 7
6. Constitution of the Board
(1) The Board is to consist of 5 persons appointed by the
Minister.
(2) The members are to be appointed by the Minister for
5 their experience, skills and qualifications and interest
in matters relating to the Art Gallery, and for their
ability to contribute to promoting, and encouraging
public interest in and support for, the Art Gallery.
".
10 7. Section 7 amended
Section 7 is amended by deleting "appointed".
8. Section 8 amended
(1) Section 8(1) is amended as follows:
(a) by deleting "an appointed" in the 2 places where it
15 occurs and inserting in each place instead --
" a ";
(b) in paragraph (b), by deleting "Governor in Council" and
inserting instead --
" Minister ";
20 (c) in paragraph (d), by deleting "Governor;" and inserting
instead --
" Minister; ".
(2) Section 8(2) is amended by deleting "Governor may appoint an
appointed" and inserting instead --
25 " Minister may appoint a ".
page 5
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 2 Art Gallery Act 1959
s. 9
9. Section 9 amended
Section 9 is amended by deleting "an appointed" and inserting
instead --
" a ".
5 10. Section 10 amended
(1) Section 10(1) is amended by deleting "Governor may, in respect
of each appointed member," and inserting instead --
" Minister may, in respect of each member, ".
(2) Section 10(1a) is repealed.
10 11. Section 11 amended
(1) Section 11(1) is repealed and the following subsection is
inserted instead --
"
(1) The Minister shall appoint one of the members to be
15 chairman and another member to be vice chairman.
".
(2) Section 11(2)(b) is amended as follows:
(a) by deleting "appointed member may" and inserting
instead --
20 " member shall ";
(b) by deleting "Governor" and inserting instead --
" Minister ".
(3) Section 11(2)(c) is amended by deleting "Governor in Council."
and inserting instead --
25 " Minister. ".
page 6
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 12
12. Section 12 amended
Section 12(2) is amended by deleting "appointed members
present at the meeting shall elect an appointed member from
among those present" and inserting instead --
5 "
members present at the meeting shall elect one of those
members
".
13. Section 13 amended
10 Section 13 is amended by deleting "5 members" and inserting
instead --
" 3 members ".
14. Section 14 amended
Section 14 is amended as follows:
15 (a) by deleting "An appointed member or deputy for an
appointed" and inserting instead --
" A member or deputy for a ";
(b) by deleting "Public Service Act 1978" in the 2 places
where it occurs and inserting in each place instead --
20 " Public Sector Management Act 1994 ".
page 7
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 2 Art Gallery Act 1959
s. 15
15. Section 15 replaced
Section 15 is repealed and the following section is inserted
instead --
"
5 15. Remuneration and allowances
A member or deputy for a member shall be paid any
remuneration and travelling and other allowances that
the Minister from time to time determines on the
recommendation of the Minister for Public Sector
10 Management.
".
16. Section 16 amended, and savings
(1) Section 16(1) is amended by deleting "appointed -- " and
inserting instead --
15 "
employed in accordance with section 23 of the Culture,
Libraries and the Arts Act 1998 --
".
(2) Section 16(1a), (1b), and (1c) are repealed.
20 (3) Section 16(2) is amended by inserting after "Art Gallery" the
following --
" and the Art Gallery operations ".
(4) Section 16(2a) is repealed.
(5) Section 16(4) is amended as follows:
25 (a) by deleting "appointed under subsection (1) to be" and
inserting instead --
" employed as ";
page 8
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 17
(b) by inserting after "any other officer" the following --
" for the purposes of this Act ";
(c) by deleting "Public Service Act 1978" and inserting
instead --
5 " Public Sector Management Act 1994 ".
(6) Despite this section, a person appointed and holding office as
the Director or another officer under section 16 of the Art
Gallery Act 1959 immediately before the commencement of this
section continues, subject to that Act, to hold office for the
10 remainder of the period for which he or she was appointed.
17. Sections 17, 18, 19, 20, 20A and 21 replaced by sections 17
and 18
Sections 17, 18, 19, 20, 20A and 21 are repealed and the
following sections are inserted instead --
15 "
17. Functions of the Board
(1) The functions of the Board are --
(a) to give advice to the Minister and the Corporate
Minister on all matters relating to the Art
20 Gallery, including matters of policy and
administration; and
(b) to promote, and encourage public interest in
and support for, the Art Gallery.
(2) Without limiting subsection (1), the Board is to
25 formulate policies and give advice --
(a) to the Corporate Minister on acquiring, holding,
protecting, preserving, displaying and disposing
of works of art and collections of works of art;
page 9
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 2 Art Gallery Act 1959
s. 18
(b) to the Minister on strategic directions, policies
and priorities for the Art Gallery;
(c) to the Minister on establishing, controlling and
managing branch and regional art galleries in
5 any part of the State;
(d) to the Corporate Minister on attracting gifts,
including gifts by will, for the purposes of the
Art Gallery; and
(e) on any matters relating to the Art Gallery on
10 which the Minister or Corporate Minister asks
for advice from the Board.
18. Powers of the Board
The Board may do all things necessary or convenient to
be done for or in connection with the performance of
15 its functions.
".
18. Section 22 repealed, and transitional
(1) Section 22 is repealed.
(2) On the commencement of this section, The Art Gallery of
20 Western Australia Fund is to be closed and all money standing
to the credit of that Fund immediately before that
commencement is to be credited to the operating account of the
department.
(3) Money credited to the operating account of the department
25 under subsection (2) is to be applied for the purposes of, and in
accordance with, any trusts affecting it.
(4) In this section --
"operating account" has the same meaning as it has in the
Financial Administration and Audit Act 1985;
page 10
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 19
"The Art Gallery of Western Australia Fund" means the
account referred to in section 22(2) of the Art Gallery
Act 1959, as in force immediately before the
commencement of this section.
5 19. Section 23 amended
(1) Section 23(1) is amended as follows:
(a) by deleting "Board" in the 2 places where it occurs and
inserting in each place instead --
" Corporate Minister ";
10 (b) by deleting "$200" and inserting instead --
" $10 000 ".
(2) Section 23(2) is amended by deleting "Board" and inserting
instead --
" Corporate Minister ".
15 20. Section 24 amended
Section 24 is amended by deleting "Board" --
(a) in the first place where it occurs and inserting instead --
" Minister ";
(b) in the second and third places where it occurs and
20 inserting in each place instead --
" Corporate Minister ".
page 11
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 2 Art Gallery Act 1959
s. 21
21. Section 25 amended
(1) Section 25(1) is amended as follows:
(a) by deleting "The Board may" and inserting instead --
"
5 The Minister may, on the recommendation of the chief
executive officer,
";
and
(b) by deleting "Board or any of its officers" and inserting
10 instead --
" Minister or any officer of the department ".
(2) Section 25(2) is amended as follows:
(a) by deleting "Board" in the 2 places where it occurs and
inserting in each place instead --
15 " Minister ";
(b) by deleting "$40" and inserting instead --
" $2 000 ".
22. Section 26 amended
(1) Section 26(1) is amended as follows:
20 (a) by deleting the subsection designation "(1)" and
"Subject to the provisions of subsection (2)," and
inserting instead --
"
Except with the written permission of the
25 Minister,
";
(b) by deleting "sole";
page 12
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 23
(c) by deleting "Board" and inserting instead --
" chief executive officer ";
(d) in the penalty provision at the foot of the subsection, by
deleting "$100." and inserting instead --
5 " $5 000. ".
(2) Section 26(2) is repealed.
23. Section 27 amended
Section 27(1) is amended as follows:
(a) by deleting "of the Board" and inserting instead --
10 " of the department ";
(b) by deleting "chairman may represent the Board in all
respects as if he were the party concerned." and
inserting instead --
"
15 Minister may represent the Minister in all
respects.
".
24. Section 28 repealed
Section 28 is repealed.
20 25. Section 28A amended
(1) Section 28A(2)(c) is deleted and "and" after that paragraph and
the following is inserted instead --
"
(c) has the functions conferred by this Act;
25 and
".
(2) Section 28A(4) is repealed.
page 13
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 2 Art Gallery Act 1959
s. 26
26. Section 28AA inserted
After section 28A the following section is inserted --
"
28AA. Functions and powers of the Foundation
5 (1) The functions of the Foundation are --
(a) to attract and retain for the Art Gallery
continuing public interest and financial support;
(b) to encourage gifts, including gifts by will, to
maintain, improve and develop the services and
10 facilities provided by the Art Gallery; and
(c) to give directions or make recommendations to
the chief executive officer as to the manner in
which moneys standing to the credit of the
Account are to be applied for the benefit of the
15 Art Gallery.
(2) The Foundation may accept a gift if it is absolute or if
it is --
(a) subject to conditions; or
(b) for the purpose of benefiting anything,
20 and complying with those conditions, or conferring that
benefit, is within the functions of the Foundation.
(3) The Foundation may do all things necessary or
convenient to be done for or in connection with the
performance of its functions.
25 ".
page 14
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 27
27. Section 28B amended
(1) Section 28B(1) is amended after "(in this section" by
inserting --
" and section 28BA ".
5 (2) Section 28B(3) is repealed and the following subsections are
inserted instead --
"
(3) Subject to subsection (4), moneys standing to the credit
of the Account are subject to the direction and control
10 of the chief executive officer and may be applied for
the purposes of carrying this Act into effect or
otherwise applied for the purposes of the Art Gallery.
(4) In determining the manner in which moneys standing
to the credit of the Account are to be applied, the chief
15 executive officer --
(a) shall ensure that those moneys are applied --
(i) in accordance with any conditions
subject to which; or
(ii) for the purpose of benefiting anything
20 for the benefit of which,
those moneys were received by the Foundation;
(b) shall give effect to any directions given by the
Foundation under paragraph (c) of
section 28AA(1); and
25 (c) shall take into account any recommendations
made by the Foundation under that paragraph.
".
page 15
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 2 Art Gallery Act 1959
s. 28
28. Section 28BA inserted
After section 28B the following section is inserted --
"
28BA. Application of Financial Administration and Audit
5 Act 1985
The operation of the Account shall be regarded as --
(a) a service under the control of the department
for the purposes of section 52 of the Financial
Administration and Audit Act 1985; and
10 (b) part of the operations of the department for the
purposes of Division 13 of Part II of that Act.
".
29. Section 28C amended
(1) Section 28C(1) is amended by deleting "section 28A." and
15 inserting instead --
" the Foundation. ".
(2) Section 28C(2)(a) and (c) are deleted.
30. Section 29 amended
(1) Section 29(1) is repealed and the following subsection is
20 inserted instead --
"
(1) The Governor may make regulations prescribing all
matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be
25 prescribed for giving effect to the purposes of this Act.
".
page 16
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Art Gallery Act 1959 Part 2
s. 31
(2) Section 29(2) is amended as follows:
(a) by deleting paragraph (b);
(b) in paragraph (c), by deleting "Board;" and inserting
instead --
5 "
chief executive officer in relation to the Art
Gallery operations;
";
(c) in paragraph (d), by deleting "Board" and inserting
10 instead --
"
chief executive officer in relation to the Art
Gallery operations
";
15 (d) in paragraph (e), by deleting "Board;" and inserting
instead --
"
chief executive officer in relation to the Art
Gallery operations;
20 ";
(e) in paragraph (f), by deleting "Board;" and inserting
instead --
" Corporate Minister; ";
(f) in paragraph (h), by deleting "$50" and inserting
25 instead --
" $1 000 ".
31. Section 30 repealed
Section 30 is repealed.
page 17
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 32
Part 3 -- Museum Act 1969
32. The Act amended
This Part amends the Museum Act 1969*.
[* Act No. 90 of 1969.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 161 and Acts Nos. 57 of 1997
and 10 of 1998.]
33. Section 6 amended
Section 6 is amended as follows:
10 (a) by deleting the definitions of "appointed Trustee",
"Board" and "Director" and inserting the following
definitions instead --
"
"chief executive officer" means the chief executive
15 officer of the department;
"Corporate Minister" means the body corporate
referred to in section 6 of the Culture, Libraries
and the Arts Act 1998;
"Council" means the Museum Council established by
20 section 7;
"department" has the same meaning as it has in the
Culture, Libraries and the Arts Act 1998;
"Director" means the Director of the Museum, as
referred to in section 18(1);
25 ";
(b) by inserting after the definition of "Honorary Associate"
the following definition --
" "member" means member of the Council; ";
page 18
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 34
(c) by deleting the definitions of "Museum" and "Trustees"
and inserting instead the following definitions --
"
"Museum" means the museum operated by the
5 department under the name "The Western
Australian Museum";
"Museum operations" means the operations of the
department performed for the purposes of the
Museum.
10 ".
34. Part II heading amended
The heading to Part II is deleted and the following heading is
inserted instead --
"
15 Part II -- The Museum Council
".
35. Sections 7, 8, 9 and 10 replaced
Sections 7, 8, 9 and 10 are repealed and the following sections
are inserted instead --
20 "
7. Council established
A body called the Museum Council is established.
8. Constitution of the Council
(1) The Council is to consist of not less than 6 persons or
25 more than 10 persons appointed by the Minister.
(2) The members are to be appointed by the Minister for
their experience, skills and qualifications and interest
page 19
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 35
in matters relating to the Museum, and for their ability
to contribute to promoting, and encouraging public
interest in and support for, the Museum.
9. Functions of the Council
5 (1) The functions of the Council are --
(a) to give advice to the Minister and the Corporate
Minister on all matters relating to the Museum,
including matters of policy and administration;
and
10 (b) to promote, and encourage public interest in
and support for, the Museum.
(2) Without limiting subsection (1), the Council is to
formulate policies and give advice --
(a) to the Corporate Minister on acquiring, holding,
15 protecting, preserving, displaying and disposing
of museum materials and collections of
museum materials;
(b) to the Minister on strategic directions, policies
and priorities for the Museum;
20 (c) to the Minister on establishing, controlling and
managing branch and regional museums in any
part of the State;
(d) to the Corporate Minister on encouraging, and
providing facilities for, the wider education of
25 the public through the display and other use of
museum collections and through providing
access to information derived from museum
collections;
page 20
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 35
(e) to the Corporate Minister on establishing and
preserving on behalf of the public museum
collections that are representative of the
Aboriginal peoples of the State, the history of
5 the exploration, settlement and development of
the State, the natural history of the State and
any other museum collections considered by
the Council to be necessary for the wider
understanding of those matters and for the
10 educational function of the Museum;
(f) to the Corporate Minister on preserving on
behalf of the public any remains, wreck,
archaeological or anthropological site or other
thing, whether in the place where it is
15 discovered or elsewhere, considered by the
Council to be of special national, State or local
interest;
(g) to the Minister on aiding the advancement of
knowledge --
20 (i) through research into museum
collections and into any other matters
considered by the Council to be relevant
to that purpose; and
(ii) by publishing the results of research;
25 (h) to the Minister on providing facilities to
encourage the interest of persons and bodies in
the State in the culture and history of the
Aboriginal peoples of the State, in the history
and natural history of the State and in anything
30 allied to those matters;
(i) to the Corporate Minister on attracting gifts,
including gifts by will, for the purposes of the
Museum; and
page 21
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 36
(j) on any matters relating to the Museum on
which the Minister or the Corporate Minister
asks for advice from the Council.
10. Powers of the Council
5 The Council may do all things necessary or convenient
to be done for or in connection with the performance of
its functions.
".
36. Section 11 amended
10 (1) Section 11(1) is amended by deleting "the succeeding
provisions of this section, a person who is an appointed Trustee"
and inserting instead --
" subsection (2), a member ".
(2) Section 11(2) is amended by deleting "appointed Trustee" in the
15 2 places where it occurs and inserting in each place instead --
" member ".
37. Section 12 amended
(1) Section 12(1) is amended as follows:
(a) by deleting "appointed Trustee occurs, if an appointed
20 Trustee -- " and inserting instead --
" member occurs if a member -- ";
(b) in paragraph (b), by deleting "Governor" and inserting
instead --
" Minister ";
25 (c) in paragraph (c), by deleting "the Trustees" and "them"
and inserting in each place instead --
" the Council ";
page 22
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 38
(d) in paragraph (d), by deleting "Governor;" and inserting
instead --
" Minister; ";
(e) in paragraph (e), by deleting "Trustee." and inserting
5 instead --
" member. ".
(2) Section 12(2) is amended as follows:
(a) by deleting "Governor" and inserting instead --
" Minister ";
10 (b) by deleting "Trustee" and inserting instead --
" member ".
(3) Section 12(3) is repealed and the following subsection is
inserted instead --
"
15 (3) The Council may grant leave of absence to a member
on such terms and conditions as the Council
determines.
".
38. Section 13 amended
20 Section 13 is amended as follows:
(a) by deleting "Trustees" and inserting instead --
" Council ";
(b) by deleting "office of appointed Trustee" and inserting
instead --
25 " membership of the Council ";
(c) by deleting "any of them." and inserting instead --
" a member. ".
page 23
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 39
39. Section 14 amended
(1) Section 14(1) is amended as follows:
(a) by deleting "Governor" and inserting instead --
" Minister ";
5 (b) by deleting "appointed Trustee" in the 4 places where it
occurs and inserting in each place instead --
" member ".
(2) Section 14(2) is amended by deleting "an appointed Trustee"
and inserting instead --
10 " a member ".
40. Section 14A repealed
Section 14A is repealed.
41. Section 15 amended
(1) Section 15(1) is amended as follows:
15 (a) by deleting "Governor" and inserting instead --
" Minister ";
(b) by deleting "appointed Trustees" and inserting
instead --
" members ";
20 (c) by deleting "appointed Trustee" and inserting instead --
" member ".
(2) Section 15(2) is amended by deleting "Governor." and inserting
instead --
" Minister. ".
page 24
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 42
(3) Section 15(3) is amended as follows:
(a) by deleting "an appointed Trustee" and inserting
instead --
" a member ";
5 (b) by deleting "appointed Trustee, the Governor may
appoint another appointed Trustee" and inserting
instead --
"
member, the Minister may appoint another
10 member
".
42. Section 16 amended
(1) Section 16(1) is amended by deleting "Trustees." and inserting
instead --
15 " Council. ".
(2) Section 16(2) is amended as follows:
(a) by deleting "Trustees" and inserting instead --
" members ";
(b) by deleting "their number" and inserting instead --
20 " those members ".
43. Section 17 amended
Section 17 is amended as follows:
(a) by deleting "Trustees shall conduct their" and inserting
instead --
25 " Council shall conduct its ";
(b) by deleting "they" and inserting instead --
" the Council ";
page 25
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 44
(c) in paragraph (a), by deleting "5 Trustees" and inserting
instead --
" a majority of the members ";
(d) in paragraph (b), by deleting "Trustee" in the 2 places
5 where it occurs and inserting in each place instead --
" member ";
(e) in paragraph (c), by deleting "Trustees" and inserting
instead --
" members ".
10 44. Section 18 amended, and savings
(1) Section 18(1), (2) and (3) are repealed and the following
subsections are inserted instead --
"
(1) A Director of the Museum shall be employed in
15 accordance with section 23 of the Culture, Libraries
and the Arts Act 1998.
(2) The Director shall manage the Museum and the
Museum operations and shall be the principal executive
officer of the Council.
20 ".
(2) Section 18(4) is amended as follows:
(a) by deleting "appointed under subsection (1) to be" and
inserting instead --
" employed as ";
25 (b) by deleting "Public Service Act 1978" and inserting
instead --
" Public Sector Management Act 1994 ".
page 26
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 45
(3) Despite this section, a person appointed and holding office as
Director of the Museum under section 18 of the Museum
Act 1969 immediately before the commencement of this section
continues, subject to that Act, to hold office for the remainder of
5 the period for which he or she was appointed.
45. Sections 19 and 20 repealed
Sections 19 and 20 are repealed.
46. Section 21 replaced
Section 21 is repealed and the following section is inserted
10 instead --
"
21. Preservation of rights of members
A member or deputy of a member is not, in his
capacity as member or deputy, a public service officer
15 under the Public Sector Management Act 1994, but if a
person is a public service officer at the time of his
appointment as member or deputy under this Act, the
appointment shall not prejudice his rights under the
Public Sector Management Act 1994 or under any
20 other Act applying to him as a public service officer.
".
47. Section 22 repealed
Section 22 is repealed.
48. Section 23 amended
25 (1) Section 23(1) is amended by deleting "Trustees" and inserting
instead --
" Minister ".
page 27
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 49
(2) Section 23(3) is amended by deleting "Governor" and inserting
instead --
" Minister ".
49. Section 24 replaced
5 Section 24 is repealed and the following section is inserted
instead --
"
24. Remuneration and allowances
A member or deputy of a member shall be paid any
10 remuneration and travelling and other allowances that
the Minister from time to time determines on the
recommendation of the Minister for Public Sector
Management.
".
15 50. Sections 25, 26, 27, 28 and 28A repealed
Sections 25, 26, 27, 28 and 28A are repealed.
51. Part III repealed, and transitional
(1) Part III is repealed.
(2) On the commencement of this section, the Western Australian
20 Museum Account is to be closed and all money standing to the
credit of that Account immediately before that commencement
is to be credited to the operating account of the department.
(3) Money credited to the operating account of the department
under subsection (2) is to be applied for the purposes of, and in
25 accordance with, any trusts affecting it.
page 28
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 52
(4) In this section --
"operating account" has the same meaning as it has in the
Financial Administration and Audit Act 1985;
"Western Australian Museum Account" means the account
5 referred to in section 33(2) of the Museum Act 1969, as in
force immediately before the commencement of this
section.
52. Part IV repealed
Part IV is repealed.
10 53. Section 44 amended
(1) Section 44(1) is amended by deleting "Museum," and inserting
instead --
" Corporate Minister, ".
(2) Section 44(2) is amended by deleting "Museum" and inserting
15 instead --
" Corporate Minister ".
54. Section 45 amended
(1) Section 45(1)(b) and (c) are amended by deleting "Trustees" in
the 4 places where it occurs and inserting in each place
20 instead --
" Corporate Minister ".
(2) Section 45(2) is amended as follows:
(a) by deleting "Trustees" in the 2 places where it occurs
and inserting in each place instead --
25 " Corporate Minister ";
page 29
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 54
(b) by deleting "them." and inserting instead --
" the Corporate Minister. ".
(3) Section 45(3) is amended as follows:
(a) by deleting "Trustees may, with the approval of the
5 Minister," and inserting instead --
"
Corporate Minister may, on the
recommendation of the chief executive officer,
";
10 (b) by deleting "Trustees." and inserting instead --
" Corporate Minister. ".
(4) Section 45(4) is amended by deleting "Trustees," and inserting
instead --
" Corporate Minister, ".
15 (5) Section 45(5) is amended as follows:
(a) by deleting "Trustees shall not refuse to give their" and
inserting instead --
"
Corporate Minister shall not refuse
20 to give
";
(b) by deleting "Trustees at" and inserting instead --
" Corporate Minister at ";
(c) by deleting "Trustees have" and inserting instead --
25 " Corporate Minister has ".
page 30
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 55
(6) Section 45(6) is amended by inserting after "determined by the"
the following --
" Corporate ".
(7) Section 45(8) is amended by deleting "Trustees" and inserting
5 instead --
" Corporate Minister ".
55. Part VIA inserted
After Part VI the following Part is inserted --
"
10 Part VIA -- Museum, Science and Humanities
Foundation
45A. Definitions
In this Part --
"Foundation" means the Museum, Science and
15 Humanities Foundation established by
section 45B;
"Fund" means the Museum, Science and Humanities
Foundation Fund referred to in section 45E;
"rules" means rules made by the Minister under
20 section 45G.
45B. Establishment of Museum, Science and Humanities
Foundation
(1) A body corporate called the Museum, Science and
Humanities Foundation is established.
page 31
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 55
(2) The Foundation --
(a) has perpetual succession and shall have a
common seal; and
(b) may sue and be sued.
5 45C. Governing council
The Foundation shall have a council that, subject to
this Part, shall be the governing body of the
Foundation.
45D. Functions and powers of the Foundation
10 (1) The functions of the Foundation are --
(a) to attract and retain for the Museum continuing
public interest and financial support;
(b) to encourage gifts, including gifts by will, to
maintain, improve and develop the services and
15 facilities provided by the Museum; and
(c) to give directions or make recommendations to
the chief executive officer as to the manner in
which moneys standing to the credit of the
Fund are to be applied for the benefit of the
20 Museum.
(2) The Foundation may accept a gift if it is absolute or if
it is --
(a) subject to conditions; or
(b) for the purpose of benefiting anything,
25 and complying with those conditions, or conferring that
benefit, is within the functions of the Foundation.
page 32
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 55
(3) The Foundation may do all things necessary or
convenient to be done for or in connection with the
performance of its functions.
45E. Financial arrangements
5 (1) There shall be a trust account to be known as the
Museum, Science and Humanities Foundation Fund at
the Treasury, forming part of the Trust Fund
constituted under section 9 of the Financial
Administration and Audit Act 1985.
10 (2) Funds received by the Foundation from the
performance of its functions shall be credited to the
Fund.
(3) Any expenditure lawfully incurred by the Foundation
in the performance of its functions shall be charged to
15 and paid out of the Fund.
(4) Subject to subsection (5), moneys standing to the credit
of the Fund are subject to the direction and control of
the chief executive officer and may be applied for the
purposes of carrying this Act into effect or otherwise
20 applied for the purposes of the Museum.
(5) In determining the manner in which moneys standing
to the credit of the Fund are to be applied, the chief
executive officer --
(a) shall ensure that those moneys are applied --
25 (i) in accordance with any conditions
subject to which; or
(ii) for the purpose of benefiting anything
for the benefit of which,
those moneys were received by the Foundation;
page 33
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 55
(b) shall give effect to any directions given by the
Foundation under paragraph (c) of
section 45D(1); and
(c) shall take into account any recommendations
5 made by the Foundation under that paragraph.
45F. Application of Financial Administration and Audit
Act 1985
The operation of the Fund shall be regarded as --
(a) a service under the control of the department
10 for the purposes of section 52 of the Financial
Administration and Audit Act 1985; and
(b) part of the operations of the department for the
purposes of Division 13 of Part II of that Act.
45G. Rules
15 (1) The Minister may, on the recommendation of the
Council, make rules that are necessary or convenient
for giving effect to this Part.
(2) Without limiting subsection (1), the rules may --
(a) provide for the appointment, constitution,
20 functions and proceedings of the council,
including power to employ persons, appoint
agents, obtain professional or other services and
do all things necessary or convenient to be done
for or in connection with the performance by
25 the Foundation of its functions;
(b) provide for membership of the Foundation,
including membership of different categories
having different privileges;
page 34
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 56
(c) provide for meetings and other proceedings of
members of the Foundation;
(d) provide for the appointment of one or more
patrons of the Foundation;
5 (e) provide for Friends of the Foundation and for
the establishment of a register of such persons;
(f) provide for the manner of execution of
documents authorized to be executed by
resolution of the council; and
10 (g) empower the council, with the approval of the
Minister, to make by-laws with respect to the
operations and proceedings of the Foundation,
the council, committees of the council and
persons employed by the Foundation.
15 ".
56. Section 46 amended
(1) Section 46(1) is amended as follows:
(a) by deleting "Museum" in the 2 places where it occurs
and inserting in each place instead --
20 " Corporate Minister ";
(b) by inserting before "specimen" the following --
" museum ";
(c) in the penalty provision at the foot of the subsection, by
deleting "Five hundred dollars" and inserting instead --
25 " $10 000 ".
(2) Section 46(2) is amended by deleting "Trustees" and inserting
instead --
" Corporate Minister ".
page 35
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 57
57. Section 47 amended
Section 47 is amended by deleting "one hundred dollars." and
inserting instead --
" $5 000. ".
5 58. Section 48 amended
Section 48 is amended as follows:
(a) by deleting "Trustees" --
(i) in the first place where it occurs and inserting
instead --
10 " Minister under this Act ";
(ii) in the second place where it occurs and inserting
instead --
" Corporate Minister ";
(b) by deleting "Museum" in the 2 places where it occurs
15 and inserting in each place instead --
" Corporate Minister ".
59. Section 49 amended
(1) Section 49(1) is amended as follows:
(a) by deleting "Trustees may" and inserting instead --
20 "
Minister may, on the recommendation of the
chief executive officer,
";
(b) by deleting "them or any member of the staff of the
25 Museum" and inserting instead --
" the Minister or any officer of the department ".
page 36
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 60
(2) Section 49(2) is amended as follows:
(a) by deleting "Trustees, on account of any reward that
they have paid or are" and inserting instead --
"
5 Minister, on account of any reward that the
Minister has paid or is
";
(b) by deleting "fifty dollars," and inserting instead --
" $2 000, ".
10 60. Section 50 amended
Section 50(1) is repealed and the following subsection is
inserted instead --
"
(1) In any proceedings before a court of petty sessions, an
15 officer of the department appointed for the purpose
generally or in a particular case in writing signed by
the Minister may represent the Minister in all respects.
".
61. Section 51 amended
20 (1) Section 51(1) is repealed and the following subsection is
inserted instead --
"
(1) The Governor may make regulations prescribing all
matters that are required or permitted by this Act to be
25 prescribed, or are necessary or convenient to be
prescribed for giving effect to the purposes of this Act.
".
page 37
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 3 Museum Act 1969
s. 61
(2) Section 51(2) is amended as follows:
(a) in paragraph (a), by deleting "Trustees and of
committees;" and inserting instead --
" Council; ";
5 (b) by deleting paragraph (b);
(c) by deleting paragraphs (c) and (d) and inserting the
following paragraphs instead --
"
(c) providing for the establishment and constitution
10 of advisory committees in relation to branch or
regional museums, and for the conduct of
proceedings at meetings of those committees;
(d) providing for the admission of the public or any
individual to, and the exclusion or expulsion of
15 the public or any individual from --
(i) the Museum or any part of it; or
(ii) any other place, or any part of a place,
under the management or control of the
chief executive officer in relation to the
20 Museum operations;
";
(d) in paragraph (e) --
(i) by inserting after "examine" the following --
" museum ";
25 (ii) by deleting "Museum" and inserting instead --
" Corporate Minister ";
(e) in paragraph (f) --
(i) by inserting after "marking of" the following --
" museum ";
page 38
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Museum Act 1969 Part 3
s. 61
(ii) by deleting "Museum;" and inserting instead --
" Corporate Minister; ";
(f) in paragraph (h), by deleting "one hundred dollars" and
inserting instead --
5 " $500 ".
page 39
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Part 4 Repeals, transitional provisions and consequential amendments
s. 62
Part 4 -- Repeals, transitional provisions and
consequential amendments
62. Definitions
In this Part --
5 "operating account" has the same meaning as it has in the
Financial Administration and Audit Act 1985;
"The Library Board of Western Australia Fund" means the
account referred to in section 16(2) of the Library Board of
Western Australia Act 1951;
10 "the Perth Theatre Trust Account" means the account
referred to in section 23(2) of the Perth Theatre Trust
Act 1979.
63. Repeal consequential to amendment of Art Gallery Act 1959
The Art Gallery Act (Common Seal) Regulations 1979 are
15 repealed.
64. Library Board of Western Australia Act 1951 repealed, and
transitional provisions
(1) The Library Board of Western Australia Act 1951 is repealed.
(2) All money standing to the credit of The Library Board of
20 Western Australia Fund immediately before the commencement
of this section is to be credited to the operating account of the
department.
(3) Money credited to the operating account of the department
under subsection (2) is to be applied for the purposes of, and in
25 accordance with, any trusts affecting it.
page 40
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Repeals, transitional provisions and consequential amendments Part 4
s. 65
(4) A library that, immediately before the commencement of this
section, is a registered public library within the meaning of the
Act repealed by subsection (1) is to be taken, on and after that
commencement, to be registered under an agreement referred to
5 in section 9(3) of the Culture, Libraries and the Arts Act 1998.
65. Perth Theatre Trust Act 1979 repealed, and transitional
provisions
(1) The Perth Theatre Trust Act 1979 is repealed.
(2) All money standing to the credit of the Perth Theatre Trust
10 Account immediately before the commencement of this section
is to be credited to the operating account of the department.
(3) Money credited to the operating account of the department
under subsection (2) is to be applied for the purposes of, and in
accordance with, any trusts affecting it.
15 66. Consequential amendments -- Schedule 1
Schedule 1 has effect.
page 41
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Schedule 1 Consequential amendments
Schedule 1 -- Consequential amendments
[s. 66]
1. Aboriginal Heritage Act 1972 amended, and savings
(1) The Aboriginal Heritage Act 1972 is amended as follows:
5 (a) in section 4, by deleting the definitions of "Director" and
"Museum" and inserting instead the following definitions --
"
"Director" means the Director of the Museum, as referred
to in section 18(1) of the Museum Act 1969;
10 "Museum" has the same meaning as it has in the Museum
Act 1969;
";
(b) in section 4, by deleting the definition of "the Trustees" and
inserting instead the following definitions --
15 "
"the Corporate Minister" means the body corporate
referred to in section 6 of the Culture, Libraries and the
Arts Act 1998;
"the Museum Act Minister" means the Minister
20 responsible for the administration of the Museum
Act 1969;
";
(c) by deleting section 6(2a) and inserting instead the following
subsection --
25 "
(2a) This Act does not apply to a collection held for the purposes
of the Museum and vested in the Corporate Minister.
";
page 42
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Consequential amendments Schedule 1
(d) in section 39A, by deleting "Trustees" and inserting
instead --
" Museum Act Minister ";
(e) in section 39B, by deleting "Trustees." and inserting
5 instead --
" Museum Act Minister. ";
(f) in section 67, by deleting "a Trustee" in the 2 places where it
occurs and inserting in each place instead --
" the Museum Act Minister ";
10 (2) Despite subsection (1)(e), section 67 of the Aboriginal Heritage
Act 1972, as in force immediately before the commencement of this
section, continues to apply to --
(a) a person who has been a Trustee; and
(b) a person who has acted under the direction or authority of a
15 Trustee,
within the meaning of that Act, as in force at that time, as if this
section had not been enacted.
2. Conservation and Land Management Act 1984 amended
Section 26H(1)(c) of the Conservation and Land Management
20 Act 1984 is deleted and the following paragraph is inserted instead --
"
(c) one shall be a senior scientific officer of the
department principally assisting the Minister to
whom the administration of the Museum Act 1969 is
25 committed in the administration of that Act;
".
page 43
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Schedule 1 Consequential amendments
3. Constitution Acts Amendment Act 1899 amended
Schedule V to the Constitution Acts Amendment Act 1899 is amended
as follows:
(a) in Division 2 of Part 2, by deleting "the Western Australian
5 Museum constituted under the Museum Act 1969, the Library
Board of Western Australia constituted under the Library
Board of Western Australia Act 1951, or";
(b) in Part 3 --
(i) by inserting after the item that begins "The Architects
10 Board of Western Australia" the following item --
"
The Art Gallery Advisory Board established
by the Art Gallery Act 1959.
";
15 (ii) by deleting the item that begins "The Board of the
Art Gallery of Western Australia";
(iii) by inserting after the item that begins "The
Legislative Review and Advisory Committee", the
following item --
20 "
The Libraries Council of Western Australia
established by the Culture, Libraries and
the Arts Act 1998.
";
25 (iv) by inserting after the item that begins "The
Multicultural and Ethnic Affairs Commission", the
following item --
"
The Museum Council established by the
30 Museum Act 1969.
";
page 44
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Consequential amendments Schedule 1
(v) by deleting the item that begins "The Perth Theatre
Trust".
4. Evidence Act 1906 amended
Section 65A of the Evidence Act 1906 is amended as follows:
5 (a) in subsection (1) --
(i) by deleting "Library Board of Western Australia" and
inserting instead --
" Arts Department ";
(ii) by deleting "board" and inserting instead --
10 " department ";
(b) by repealing subsection (2) and inserting instead the
following subsection --
"
(2) In this section, "officer of the Arts Department" means an
15 officer of the department of the Public Service principally
assisting the Minister to whom the administration of the
Culture, Libraries and the Arts Act 1998 is committed in the
administration of that Act who is authorized by the chief
executive officer of that department to certify photographs
20 for the purposes of this section; and judicial notice shall, for
those purposes, be taken of the official signature of every
such officer.
".
5. Financial Administration and Audit Act 1985 amended
25 Schedule 1 to the Financial Administration and Audit Act 1985 is
amended as follows:
(a) by deleting the item "Perth Theatre Trust";
(b) by deleting the item "The Board of the Art Gallery of
Western Australia";
page 45
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Schedule 1 Consequential amendments
(c) by deleting the item "The Library Board of Western
Australia";
(d) by deleting the item "The Western Australian Museum".
6. Government Employees Superannuation Act 1987 amended
5 Schedule 1 to the Government Employees Superannuation Act 1987 is
amended in Part B --
(a) by deleting the item "Library Board of Western Australia";
(b) by deleting the item "Perth Theatre Trust";
(c) by deleting the item "The Art Gallery of Western Australia";
10 (d) by deleting the item "Western Australian Museum".
7. Litter Act 1979 amended
Section 26(2)(c)(v) of the Litter Act 1979 is deleted.
8. Maritime Archaeology Act 1973 amended
The Maritime Archaeology Act 1973 is amended as follows:
15 (a) in section 3, by inserting after the definition of "Board" the
following definition --
"
"department" means the department referred to in
section 19 of the Culture, Libraries and the Arts
20 Act 1998;
";
(b) in section 3, by deleting the definition of "Director" and
inserting the following definition instead --
"
25 "Director" means the Director of the Museum, as referred
to in section 18(1) of the Museum Act 1969;
";
page 46
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Consequential amendments Schedule 1
(c) in section 3, by deleting the definition of "Museum" and
inserting the following definition instead --
"
"Museum" has the same meaning as it has in the Museum
5 Act 1969;
";
(d) in section 3, by inserting after the definition of "site" the
following definitions --
"
10 "the Corporate Minister" means the body corporate
referred to in section 6 of the Culture, Libraries and the
Arts Act 1998;
"the Museum Act Minister" means the Minister
responsible for the administration of the Museum
15 Act 1969;
";
(e) in section 3 in the definition of "Trustees", by inserting after
"1969," the following --
"
20 as in force before the commencement of Part 3 of
the Culture, Libraries and the Arts (Consequential
Provisions) Act 1998,
";
(f) in section 5(1), by deleting "Trustees" in the 2 places where it
25 occurs and inserting in each place instead --
" Museum Act Minister ";
(g) in section 6(1), by deleting "Museum" and inserting
instead --
" Corporate Minister ";
page 47
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Schedule 1 Consequential amendments
(h) in section 6(2)(a), by deleting "Trustees" and inserting
instead --
" Corporate Minister ";
(i) in section 6(2), by deleting "vested in the Museum" and
5 inserting instead --
" vested in the Corporate Minister ";
(j) in section 6(3), by deleting "Museum" and inserting
instead --
" Corporate Minister ";
10 (k) in section 6(4), by deleting "Trustees are" and inserting
instead --
" Museum Act Minister is ";
(l) in section 6(4), by deleting "Trustees," and inserting
instead --
15 " Museum Act Minister, ";
(m) in section 7(1), by deleting "Museum" and inserting
instead --
" Corporate Minister ";
(n) in section 7(2), by deleting "vested in the Museum" and
20 inserting instead --
" vested in the Corporate Minister ";
(o) in section 7(2)(b), by deleting "this Act." and inserting
instead --
"
25 Part 3 of the Culture, Libraries and the Arts
(Consequential Provisions) Act 1998.
";
(p) in section 8(1)(a), by deleting "Trustees," and inserting
instead --
30 " Corporate Minister, ";
page 48
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Consequential amendments Schedule 1
(q) in section 8(1)(a), by deleting "Museum" and inserting
instead --
" Corporate Minister ";
(r) in section 8(1)(b), by deleting "Trustees" and inserting
5 instead --
" Corporate Minister ";
(s) in section 8(1)(c), by deleting "member of the staff or
employee of the Museum or any person acting with the
authority of the Trustees" and inserting instead --
10 "
officer of the department or any person acting with
the authority of the Corporate Minister
";
(t) in section 8(2), by deleting "Trustees' " and inserting
15 instead --
" Corporate Minister's ";
(u) in section 9(1), by deleting "Museum" and inserting instead --
" Corporate Minister ";
(v) in section 10(1), by deleting "a member of the staff of the
20 Museum" and inserting instead --
" an officer of the department ";
(w) in section 13, by deleting "Trustees" and inserting instead --
" Corporate Minister ";
(x) in section 14, by deleting "Trustees" and inserting instead --
25 " Museum Act Minister ";
(y) in section 14, by deleting "them or any member of the staff of
the Museum" and inserting instead --
"
the Museum Act Minister or any officer of the
30 department
";
page 49
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Schedule 1 Consequential amendments
(z) in section 15, by deleting "Trustees" in the first place where it
occurs and inserting instead --
" Museum Act Minister ";
(za) in section 15, by deleting "Museum" in the 2 places where it
5 occurs and "Trustees" in the second place where it occurs and
inserting in each place instead --
" Corporate Minister ";
(zb) in section 18(1), by deleting "Trustees have" and inserting
instead --
10 " Corporate Minister has ";
(zc) in section 18(1), by deleting "Trustees." and inserting
instead --
" Corporate Minister. ";
(zd) in section 18(2), by deleting "Trustees" in the 3 places where
15 it occurs and inserting in each place instead --
" Corporate Minister ";
(ze) in section 18(2), by deleting "satisfy them" and inserting
instead --
" satisfy the Corporate Minister ";
20 (zf) in section 18(5), by deleting "Trustees" in the first place
where it occurs and inserting instead --
" Corporate Minister ";
(zg) in section 18(5)(b), by deleting "Trustees may defer their"
and inserting instead --
25 "
Corporate Minister may defer the Corporate
Minister's
";
(zh) in section 18(6), by deleting "Trustees" in the 2 places where
30 it occurs and inserting in each place instead --
" Corporate Minister ";
page 50
Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Consequential amendments Schedule 1
(zi) in section 18(7) and (9), by deleting "Trustees" in the
2 places where it occurs and inserting in each place instead --
" Corporate Minister ";
(zj) in section 20(1), by deleting "Museum" and inserting
5 instead --
" Corporate Minister ";
(zk) in section 20(2), by deleting "Trustees" and inserting
instead --
" Corporate Minister ";
10 (zl) in section 20(2)(a), by deleting "their request delivers to
them" and inserting instead --
"
the Corporate Minister's request delivers to the
Corporate Minister
15 ";
(zm) in section 20(2)(b), by deleting "Trustees" and inserting
instead --
" Corporate Minister ";
(zn) in section 20(2)(c), by deleting "Museum;" and inserting
20 instead --
" Corporate Minister; ";
(zo) in section 20(2), by deleting "Trustees think" and inserting
instead --
" Corporate Minister thinks ";
25 (zp) in section 21, by deleting "Trustees are" and inserting
instead --
" Corporate Minister is ";
(zq) in section 21, by deleting "Trustees shall" and inserting
instead --
30 " Corporate Minister shall ";
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Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Schedule 1 Consequential amendments
(zr) in section 22(1), by deleting "Trustees," and inserting
instead --
" Corporate Minister, ";
(zs) in section 22(1), by deleting "them" in the 3 places where it
5 occurs and inserting in each place instead --
" the Corporate Minister ";
(zt) in section 22(2), by deleting "Trustees" in the 2 places where
it occurs and inserting in each place instead --
" Corporate Minister ";
10 (zu) in section 22(3), by deleting "Trustees shall, unless they" and
inserting instead --
"
Corporate Minister shall, unless the Corporate
Minister
15 ".
9. Public Sector Management Act 1994 amended
Schedule 2 to the Public Sector Management Act 1994 is amended by
deleting items 35, 49, 50 and 54.
10. State Records Act 1998 amended
20 Section 3(1) of the State Records Act 1998 is amended by deleting the
definition of "State collecting institution" and inserting the following
definition instead --
"
"State collecting institution" means --
25 (a) the Art Gallery, as defined in section 4 of the Art
Gallery Act 1959;
(b) a library operated by the department of the
Public Service that principally assists the
Minister to whom the administration of the
30 Culture, Libraries and the Arts Act 1998 is for
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Culture, Libraries and the Arts (Consequential Provisions) Bill 1998
Consequential amendments Schedule 1
the time being committed by the Governor in the
administration of that Act; and
(c) the Museum, as defined in section 6 of the
Museum Act 1969;
5 ".
11. Statutory Corporations Liability of Directors Act 1996 amended
Schedule 1 to the Statutory Corporations Liability of Directors
Act 1996 is amended by deleting the item relating to the Perth Theatre
Trust.
page 53
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