National Portrait Gallery of Australia Regulation 2013
Select Legislative Instrument No. 99, 2013
I, Professor Marie Bashir AC CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the National Portrait Gallery of Australia Act 2012.
Dated 30 May 2013
Marie Bashir
Administrator
By Her Excellency’s Command
Tony Burke
Minister for the Arts
Contents
Part 1—Preliminary 1
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Definitions.......................................................................................... 1
Part 2—Financial transactions 3
5............ Restrictions on financial transactions.................................................. 3
Part 3—Supply of liquor 4
6............ Authority to supply liquor................................................................... 4
Part 4—Authorised officers 5
7............ Appointment of authorised officer...................................................... 5
8............ Powers of authorised officer—direction to leave................................ 5
9............ Powers of authorised officer—apprehension...................................... 6
10.......... Powers of authorised officer—vehicles and similar devices............... 6
11.......... Powers of authorised officer—possible prescribed articles................. 7
Part 5—Director’s notices about entry onto Gallery land or into a Gallery building 8
12.......... Notices................................................................................................ 8
Part 6—Offences 9
13.......... Director’s notices................................................................................ 9
14.......... Directions by authorised officers........................................................ 9
15.......... Sale or supply of liquor....................................................................... 9
16.......... Buying or obtaining liquor................................................................ 10
17.......... Interference with Gallery material..................................................... 11
18.......... Defacing property............................................................................. 11
19.......... Show, sale or hire of unauthorised articles........................................ 11
20.......... Animals............................................................................................. 11
21.......... Food and liquids............................................................................... 12
22.......... Smoking............................................................................................ 12
23.......... Publishing, copying, selling, etc. of Gallery material........................ 13
24.......... Defences........................................................................................... 13
Part 7—Miscellaneous 14
25.......... Delegations by Director.................................................................... 14
Part 1—Preliminary
1 Name of regulation
This regulation is the National Portrait Gallery of Australia Regulation 2013.
2 Commencement
This regulation commences on 1 July 2013.
3 Authority
This regulation is made under the National Portrait Gallery of Australia Act 2012.
4 Definitions
In this regulation:
Act means the National Portrait Gallery of Australia Act 2012.
authorised liquor supplier means a person who is authorised under subsection 6(2) to supply liquor.
authorised officer means a person who is appointed under subsection 7(1).
Director’s notice means a notice that is issued by the Director in accordance with section 12.
Gallery building means a building, structure or other improvement that is:
(a) specified in a notice under subsection 9(1) of the Act; or
(b) used, or intended to be used, by the Gallery for the performance of the Gallery’s functions.
Gallery land means land:
(a) made available to the Gallery under subsection 9(1) of the Act; or
(b) otherwise owned by or under the control of the Gallery.
Gallery material means:
(a) material that forms part of the national collection; or
(b) other material that is owned by the Gallery or under its control; or
(c) any structure, equipment or material that is kept by the Gallery for purposes relating to:
(i) the exhibition or display of material referred to in paragraph (a) or (b); or
(ii) research, educational or publicity activities in relation to that material.
prescribed article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or
(b) a bag, case, parcel, container or article specified in a Director’s notice.
staff member means a person:
(a) mentioned in section 41 of the Act; or
(b) whose services are made available to the Gallery under section 42 of the Act.
Note: The following words and expressions are defined in the Act:
(a) Board;
(b) Director;
(c) Gallery;
(d) national collection.
Part 2—Financial transactions
5 Restrictions on financial transactions
For paragraphs 47(1)(a), (b) and (c) of the Act, the amount of $1 000 000 is prescribed.
Part 3—Supply of liquor
6 Authority to supply liquor
(1) The Director may, in writing, authorise the sale, supply, disposal, possession or control of liquor on Gallery land, or in a Gallery building, in the Australian Capital Territory.
(2) The authority must authorise a person (by name or by description of a class of persons) to be an authorised liquor supplier on Gallery land, or in a Gallery building, in the Australian Capital Territory.
(3) The authority must also identify:
(a) the parts of the Gallery land or Gallery building where liquor may be supplied; and
(b) the hours during which liquor may be sold, supplied, disposed of, possessed or controlled; and
(c) any other conditions to which the authority is subject.
Part 4—Authorised officers
7 Appointment of authorised officer
(1) The Director may, in writing, appoint a person to be an authorised officer for any of the following purposes:
(a) regulating, restricting or prohibiting the entry of persons onto Gallery land, into a Gallery building or any part of Gallery land or a Gallery building;
(b) regulating the conduct of persons on Gallery land, a Gallery building or any part of Gallery land or a Gallery building;
(c) a purpose relating to the removal of persons from Gallery land, a Gallery building or any part of Gallery land or a Gallery building.
(2) The Director must arrange for the issue to an authorised officer of a certificate that:
(a) is in a form approved by the Director; and
(b) contains a photograph of the officer.
(3) If an authorised officer exercises powers under this section in relation to a person, the officer must, at the request of the person, produce the officer’s certificate for inspection by the person.
(4) A person who ceases to be an authorised officer must return the person’s certificate to the Director as soon as practicable.
8 Powers of authorised officer—direction to leave
(1) This section applies if an authorised officer has reasonable grounds for believing that:
(a) public safety or the safety of staff members is, or may be, endangered by the continued presence of a person, or a group of persons, on Gallery land or in a Gallery building; or
(b) the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any other reason; or
(c) the conduct of a person, or a group of persons, on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or
(d) a person on Gallery land or in a Gallery building intends to commit, is committing, or has committed, an offence against this regulation.
(2) The authorised officer may direct the person or group to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building.
9 Powers of authorised officer—apprehension
(1) This section applies if an authorised officer has reasonable grounds for believing that a person:
(a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or
(b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or
(c) refuses to comply with a direction given by an authorised officer in the performance of the officer’s duties.
(2) The authorised officer may apprehend the person, using such force as is reasonably necessary.
(3) If the authorised officer apprehends the person, the person may be:
(a) removed from the Gallery land, a Gallery building, or both; or
(b) held in the custody of an authorised officer until the person can be taken into the custody of a member of a police force.
10 Powers of authorised officer—vehicles and similar devices
An authorised officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:
(a) to park the vehicle or device in a specified place on Gallery land; or
(b) not to park the vehicle or device on Gallery land; or
(c) not to park the vehicle or device in a specified place on Gallery land.
11 Powers of authorised officer—possible prescribed articles
(1) An authorised officer may direct a person who is carrying an article that appears to the authorised officer to be a prescribed article to submit the article for inspection.
(2) An authorised officer may direct a person who is carrying an article that appears to the authorised officer to be a prescribed article to leave the article in an area designated for prescribed articles.
Part 5—Director’s notices about entry onto Gallery land or into a Gallery building
12 Notices
(1) The Director may issue a notice (a Director’s notice) that specifies a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.
(2) The notice must:
(a) state that it has been issued by the authority of the Director; and
(b) be clearly displayed in a way that gives adequate notice to the public of the prohibition, condition or restriction to which it refers; and
(c) be clearly displayed at either or both of:
(i) the entrance to the area of the Gallery building or Gallery land to which it relates; and
(ii) the location to which it relates.
Example: A Director’s notice may prohibit the possession or use of:
(a) a camera; or
(b) another device that is capable of recording content in any form; or
(c) equipment associated with the camera or other device;
in a place, or for a purpose, specified in the notice.
Part 6—Offences
13 Director’s notices
A person commits an offence if:
(a) the person is on Gallery land or in a Gallery building; and
(b) a prohibition, condition or restriction specified in a Director’s notice applies to the person; and
(c) the person does not comply with the prohibition, condition or restriction.
Penalty: 10 penalty units.
14 Directions by authorised officers
A person commits an offence if:
(a) the person is on Gallery land or in a Gallery building; and
(b) an authorised officer directs the person on a matter for which the authorised officer may give a direction; and
(c) the person does not comply with the direction.
Penalty: 10 penalty units.
15 Sale or supply of liquor
(1) A person (the first person) commits an offence if the first person:
(a) sells or supplies liquor to another person on Gallery land, or in a Gallery building, in the Australian Capital Territory; and
(b) is not:
(i) an authorised liquor supplier; or
(ii) a person to whom the liquor was sold or supplied by an authorised liquor supplier.
Penalty: 10 penalty units.
(2) A person commits an offence if the person:
(a) is an authorised liquor supplier; and
(b) sells or supplies liquor on Gallery land, or in a Gallery building, in the Australian Capital Territory; and
(c) does not comply with the conditions to which the person’s authority as an authorised liquor supplier is subject.
Penalty: 10 penalty units.
(3) A person commits an offence if:
(a) the person is an authorised liquor supplier; and
(b) the person sells or supplies liquor on Gallery land, or in a Gallery building, in the Australian Capital Territory; and
(c) the liquor is adulterated.
Penalty: 10 penalty units.
(4) A person commits an offence if the person:
(a) is an authorised liquor supplier; and
(b) sells or supplies liquor on Gallery land, or in a Gallery building, in the Australian Capital Territory; and
(c) sells or supplies liquor to a person who it is reasonable to believe is intoxicated.
Penalty: 10 penalty units.
(5) A person commits an offence if the person:
(a) is an authorised liquor supplier; and
(b) sells or supplies liquor on Gallery land, or in a Gallery building, in the Australian Capital Territory; and
(c) sells or supplies liquor to a person who it is reasonable to believe is under 18.
Penalty: 10 penalty units.
(6) An authorised liquor supplier, or an employee of the supplier, may refuse to sell or supply liquor to a person on Gallery land, or in a Gallery building, in the Australian Capital Territory unless the person satisfies the supplier or employee of the person’s age.
16 Buying or obtaining liquor
(1) A person commits an offence if the person:
(a) is under 18; and
(b) buys or obtains liquor on Gallery land, or in a Gallery building, in the Australian Capital Territory.
Penalty: 10 penalty units.
(2) A person commits an offence if:
(a) the person sends another person to buy or obtain liquor on Gallery land, or in a Gallery building, in the Australian Capital Territory; and
(b) the other person is under 18.
Penalty: 10 penalty units.
17 Interference with Gallery material
A person commits an offence if the person:
(a) is on Gallery land or in a Gallery building; and
(b) touches, interferes with or engages in conduct that damages Gallery material.
Penalty: 10 penalty units.
18 Defacing property
A person commits an offence if the person:
(a) attaches an article to a Gallery building or a wall or fence on Gallery land; or
(b) writes on, or engages in conduct that destroys or defaces, a Gallery building or a fixture, fitting, wall or fence on Gallery land.
Penalty: 10 penalty units.
19 Show, sale or hire of unauthorised articles
A person commits an offence if the person:
(a) is on Gallery land or in a Gallery building; and
(b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.
Penalty: 10 penalty units.
20 Animals
(1) A person commits an offence if:
(a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a Gallery building; and
(b) the animal is not a guide dog used by a blind person, a hearing dog used by a deaf person or another assistance animal used by a person with a disability.
Penalty: 10 penalty units.
(2) A person commits an offence if:
(a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a Gallery building; and
(b) the animal is a guide dog used by a blind person, a hearing dog used by a deaf person or an assistance animal used by a person with a disability; and
(c) the animal is not restrained on a lead or by other reasonable means.
Penalty: 10 penalty units.
21 Food and liquids
A person commits an offence if:
(a) the person consumes food or liquid in a Gallery building in an area that is not set aside by the Director for that purpose; and
(b) the food or liquid is not medication.
Penalty: 10 penalty units.
22 Smoking
A person commits an offence if:
(a) the person smokes on Gallery land, or in a part of a Gallery building; and
(b) smoking is not permitted in the area or the part of the building.
Penalty: 10 penalty units.
23 Publishing, copying, selling, etc. of Gallery material
A person commits an offence if the person makes, uses, prints, publishes, sells or offers for sale a replica, photograph, representation or copy of Gallery material.
Penalty: 10 penalty units.
24 Defences
(1) It is a defence to a prosecution under this Part that the Director, or a person authorised in writing by the Director for this subsection, has consented, in writing, to the conduct of the person accused of the offence.
(2) It is a defence to a prosecution under this Part that the person accused of the offence is:
(a) the Director; or
(b) a staff member; or
(c) a member of the Board; or
(d) a consultant engaged under section 43 of the Act;
acting in accordance with the person’s duties.
Part 7—Miscellaneous
25 Delegations by Director
(1) The Director may delegate to a staff member any of the Director’s powers under this section (other than this power of delegation).
(2) The Director is to act under subsection (1) in accordance with any policies determined, and any directions given, by the Board.
