Tasmanian Consolidated Acts

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TASMANIAN MUSEUM AND ART GALLERY ACT 2017 - SECT 17

Disposal of material
(1)  The Board in its discretion may dispose of material from the TMAG collections if it is satisfied that –
(a) the material is unfit, unsafe or unsuitable for the collections; or
(b) the material is no longer required as part of the collections; or
(c) there are other compelling reasons for effecting the disposal.
(2)  A disposal may be effected by whichever of the following means the Board in its discretion thinks is most appropriate in the circumstances:
(a) donation;
(b) transfer;
(c) exchange;
(d) surrender;
(e) repatriation;
(f) sale;
(g) destruction.
(3)  However, subsection (2)(g) applies only if –
(a) the Board is satisfied on reasonable grounds that the material has no market value or only negligible market value; or
(b) the Board is satisfied that for safety, legal, public policy or other compelling reasons the material should be destroyed.
(4)  Regardless of the intended method of disposal, where the Board reasonably suspects or is satisfied that the market value of the material exceeds or might exceed the threshold value under section 18 , then –
(a) unless subsection (2)(g) applies, the Board is to notify the Minister of its intention to effect the disposal, the reasons for it, and any relevant advice, valuation or other documentation; and
(b) the Board is not to effect the disposal unless the Minister, by notice to the Board, approves the disposal.
(5)  To make a decision under subsection (4)(b) , the Minister may seek such further advice from the Board, and such other advice, as he or she thinks fit.
(6)  If the Minister does not approve an intended disposal to which subsection (4) applies, the Minister is to notify the Board of the reasons for so doing.
(7)  The Board may include a notice of a disposal in its annual report, together with supporting explanations, and may publish such other notices regarding the disposal as it thinks fit.



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