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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Arts Institutions (Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--LIBRARIES ACT 1988 3
3. Principal Act 3
4. Amendment of purposes 3
5. Definitions 3
6. Amendment of section 4 3
7. Repeal--Libraries Board of Victoria 4
8. Amendment of heading 4
9. Name change for Council 4
10. Objectives of the Board 4
11. Functions of the Board 4
12. Amendment of section 19 5
13. Amendment of section 20 5
14. Ministerial directions 5
15. Membership of Board 6
16. Terms and conditions of appointment 6
17. Amendment of section 24 7
18. Meetings of the Board 7
19. Insertion of new section 25A 8
25A. Resolutions without meetings 8
20. Substitution of section 26 9
26. Conflicts of interest 9
21. Substitution of section 27 10
27. Committees 10
22. Substitution of section 28 11
28. Delegation 11
23. Amendment of section 28 11
24. Chief Executive Officer 12
25. Employment of staff 12
26. Substitution of section 30 13
30. Employment of staff 13
27. Amendment of section 31 13
28. Substitution of section 32 13
32. Borrowing and investment powers 13
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29. Further consequential amendments 13
30. Insertion of new section 57 14
57. Determination of staff to be transferred 14
31. Insertion of new section 58 14
58. Abolition of Libraries Board 14
32. Insertion of new section 59 15
59. Council of the State Library of Victoria 15
33. Insertion of new sections 60 and 61 16
60. Director 16
61. Transfer of staff 16
PART 3--MUSEUMS ACT 1983 18
34. Principal Act 18
35. Definition 18
36. Repeal--Museums Advisory Board 18
37. Amendment of definitions 18
38. Amendment of heading 18
39. Name change 19
40. Members of Board 19
41. Amendment of section 11A 21
42. Board meetings 21
43. Insertion of new section 12A 21
12A. Resolutions without meetings 21
44. Substitution of section 13 22
13. Conflicts of interest 22
45. Amendment of section 14 23
46. Substitution of section 15 24
15. Committees 24
47. Substitution of section 16 24
16. Delegation 24
48. Amendment of section 16 26
49. Amendment of section 17 26
50. Repeal of section 18 26
51. Repeal of section 19 26
52. Substitution of section 20 27
20. Other staff 27
53. Amendment of section 21 27
54. Substitution of heading 27
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Division 4--Functions and Powers of the Board 27
55. Insertion of new sections 22 and 22A 27
22. Board represents the Crown 27
22A. Board subject to control of Minister 27
56. Amendment of section 23 27
57. Amendment of section 24 28
58. Amendment of section 25 29
59. Amendment of section 26 30
60. Amendment of section 27 30
61. Amendment of section 28 30
62. Substitution of section 29 30
29. Borrowing and investment powers 31
63. Further consequential amendments 31
64. Insertion of new Division 10 in Part 3 31
Division 10--Further Transitional Provisions 32
45. Determination of staff to be transferred 32
65. Insertion of new section 46 32
46. Abolition of Museums Advisory Board 32
66. Insertion of new section 47 33
47. Council of the Museum of Victoria 33
67. Insertion of new sections 48 and 49 33
48. Director 33
49. Transfer of staff 34
PART 4--NATIONAL GALLERY OF VICTORIA ACT 1966 36
68. Principal Act 36
69. Definitions 36
70. Ministerial directions 36
71. Council members 36
72. Insertion of new section 7A 37
7A. Council may act despite vacancy etc. 37
73. Council 37
74. Insertion of new sections 9A and 9B 38
9A. Resolutions without meetings 38
9B. Conflicts of interest 39
75. Substitution of section 10 40
10. Remuneration and allowances 40
76. Amendment of section 11 40
77. Insertion of new sections 11A and 11B 41
11A. Committees 41
11B. Delegation 41
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78. New sections 12 and 12A 42
12. Director 42
12A. Staff 42
79. Functions of the Council 43
80. Insertion of new section 18AA 43
18AA. Borrowing and investment powers 43
81. Insertion of new Division 4 in Part II 43
Division 4--Further Transitional Provisions 44
22. Determination of staff to be transferred 44
82. Insertion of new sections 23 and 24 44
23. Director 44
24. Transfer of staff 44
PART 5--MINISTRY FOR THE ARTS ACT 1972 46
83. Principal Act 46
84. Victorian Council of the Arts 46
PART 6--PUBLIC RECORDS ACT 1973 47
85. Principal Act 47
86. Definitions 47
87. Insertion of new sections 2A and 2B 47
2A. Person or body no longer a public office 47
2B. Records of a body that ceases to be a public office 48
PART 7--OTHER AMENDMENTS 49
88. Borrowing and Investment Powers Act 1987 49
89. Melbourne Exhibition Centre Act 1994 49
90. Probate Duty Act 1962 49
91. Public Sector Management Act 1992 49
NOTES 50
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A BILL
to amend the Libraries Act 1988, the Museums Act 1983, the
National Gallery of Victoria Act 1966, the Ministry for the Arts
Act 1972 and the Public Records Act 1973 and for other purposes.
Arts Institutions (Amendment) Act 1996
The Parliament of Victoria enacts as follows:
PART 1-- PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend legislation relating to the State's
arts institutions; and
5
(b) to extend the Public Records Act 1973 to
certain bodies.
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s. 2
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2. Commencement
(1) This Part and sections 30, 64 and 81 come into
operation on the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
5
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
comes into operation on that day.
10
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Arts Institutions (Amendment) Act 1996
s. 3 Act No.
PART 2--LIBRARIES ACT 1988
3. Principal Act
No. 80/1988. In this Part, the Libraries Act 1988 is called the
Reprinted to
Principal Act.
No. 31/1994
and
subsequently
amended by
Nos 42/1995,
93/1995 and
4. Amendment of purposes
5 104/1995.
(1) In section 1 of the Principal Act, omit "a Libraries
Board of Victoria and".
(2) In section 1 of the Principal Act, for "Council of
the State Library of Victoria" substitute "Library
Board of Victoria".
10
5. Definitions
(1) In section 3 of the Principal Act, omit the
definition of "Board".
(2) In section 3 of the Principal Act--
(a) after the definition of "Bank" insert--
15
' "Board" means the Library Board of
Victoria constituted under section 16;';
(b) omit the definition of "Council".
(3) In section 3 of the Principal Act--
(a) omit the definition of "Director";
20
(b) after the definition of "Board" insert--
' "Chief Executive Officer" (except in
section 43) means the Chief Executive
Officer of the Library Board of Victoria
appointed under section 29;';
25
6. Amendment of section 4
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s. 6
Act No.
In section 4 of the Principal Act--
(a) for "the Council" (wherever occurring)
substitute "the Board";
(b) in paragraph (d), after "Library Council of
Victoria" insert "or of the Council of the
5
State Library of Victoria".
7. Repeal--Libraries Board of Victoria
Part 2 of the Principal Act is repealed.
8. Amendment of heading
For the heading to Part 3 of the Principal Act
10
substitute--
"PART 3--LIBRARY BOARD OF VICTORIA"
9. Name change for Council
In section 16 of the Principal Act--
(a) in sub-section (1), for "Council called the
15
Council of the State Library of Victoria"
substitute "Board called the Library Board
of Victoria";
(b) in sub-section (2), for "Council" substitute
"Board";
20
(c) in sub-section (3), for "Council" (wherever
occurring) substitute "Board".
10. Objectives of the Board
Section 17 of the Principal Act is repealed.
11. Functions of the Board
25
(1) In section 18 of the Principal Act--
(a) before "The functions of the Council" insert
"(1)";
(b) for "Council" (wherever occurring)
substitute "Board";
30
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(c) after paragraph (e) insert--
"(ea) to oversee co-operation in programs
with libraries and information
organisations to promote access to
library and information services and
5
resources; and
(eb) to exercise leadership and promote high
standards in the provision of library and
information services; and
(ec) to provide advice and information to
10
the Minister on any matter concerning
libraries and information organisations;
and".
(2) After section 18(1) of the Principal Act insert--
"(2) In carrying out its functions, the Board must
15
endeavour to contribute to the enrichment of
the cultural, educational, social and
economic life of the people of Victoria.".
12. Amendment of section 19
In section 19 of the Principal Act, for "Council"
20
(wherever occurring) substitute "Board".
13. Amendment of section 20
In section 20 of the Principal Act, for "Council"
substitute "Board".
14. Ministerial directions
25
In section 21 of the Principal Act--
(a) for "Council" substitute "Board"; and
(b) omit "general".
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15. Membership of Board
(1) In section 22 of the Principal Act, for sub-section
(1) substitute--
"(1) The Board shall consist of not less than 7
and not more than 11 members appointed by
5
the Governor in Council on the
recommendation of the Minister, of whom at
least half shall be persons who satisfy one or
more of the following--
(a) hold senior academic office in Victoria
10
in a discipline appropriate to the
functions of the Board;
(b) in the opinion of the Minister, are
experienced in business administration
or finance or marketing;
15
(c) in the opinion of the Minister, are
experienced in local government or
libraries or information technology;
(d) in the opinion of the Minister, are
distinguished in education, the
20
humanities or any other field
appropriate to the functions of the
Board.".
(2) In section 22(2) of the Principal Act, for
"Council" substitute "Board".
25
(3) In section 22 of the Principal Act, sub-sections (3)
and (4) are repealed.
16. Terms and conditions of appointment
(1) In section 23 of the Principal Act--
(a) in sub-section (1), for "Council" substitute
30
"Board";
(b) in sub-section (2), for "Council" (wherever
occurring) substitute "Board";
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(c) in sub-section (3), for "Council" (where
secondly occurring) substitute "Board";
(d) in sub-section (5)--
(i) for "Council" (wherever occurring)
substitute "Board";
5
(ii) in paragraph (b), for "Council's leave"
substitute "leave of the Board".
(2) In section 23 of the Principal Act, for sub-section
(7) substitute--
"(7) The Public Sector Management Act 1992
10
(including Part 9) does not apply to a
member of the Board in respect of the office
of member.".
(3) In section 23 of the Principal Act, for sub-section
(8) substitute--
15
"(8) A member of the Board is entitled to be paid
any remuneration or travelling or other
allowances fixed for that member from time
to time by the Governor in Council.".
(4) In section 23 of the Principal Act, sub-section (10)
20
is repealed.
17. Amendment of section 24
In section 24 of the Principal Act, for "the
Council" substitute "the Board".
18. Meetings of the Board
25
(1) In section 25 of the Principal Act, for sub-sections
(1) and (2) substitute--
"(1) The President or, in his or her absence, a
member elected by the members present,
must preside at a meeting of the Board.".
30
(2) In section 25 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
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s. 19
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(3) In section 25(6) of the Principal Act, for "4"
substitute "6".
19. Insertion of new section 25A
After section 25 of the Principal Act insert--
"25A. Resolutions without meetings
5
(1) If--
(a) the Board has taken reasonable steps to
give notice to each member setting out
the terms of a proposed resolution; and
(b) a majority of the members in office at
10
the time sign a document containing a
statement that they are in favour of the
resolution in the terms set out in the
document--
a resolution in those terms is deemed to have
15
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
on which the last of those members signs the
20
document.
(2) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
25
to constitute one document.
(3) If a resolution is, under sub-section (1),
deemed to have been passed at a meeting of
the Board, each member must as soon as
practicable be advised of the matter and
30
given a copy of the resolution.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member
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s. 20 Act No.
who, because of section 26, is not entitled to
vote on the resolution.".
20. Substitution of section 26
For section 26 of the Principal Act substitute--
"26. Conflicts of interest
5
(1) If --
(a) a member has a direct or indirect
pecuniary interest in a matter being
considered or about to be considered by
the Board; and
10
(b) the interest could conflict with the
proper performance of the member's
duties in relation to the consideration of
the matter--
the member, as soon as practicable after
15
becoming aware of the relevant facts, must
declare the nature of the interest to the Board
or, in the case of a proposed resolution
notice of which is given under section
25A(1)(a), to the President.
20
(2) The Board or the President must cause the
declaration to be tabled at the next meeting
of the Board and the person presiding at that
meeting must cause the declaration to be
recorded in the minutes of the meeting.
25
(3) A member who has a conflict of interest in a
matter--
(a) must not be present during any
deliberations on the matter, unless the
Board directs otherwise; and
30
(b) is not entitled to vote on the matter.
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(4) If a member votes on a matter in
contravention of sub-section (3)(b), the vote
must be disallowed.
(5) A member who has a conflict of interest in a
matter must not be present during any
5
deliberations leading to a direction, or take
part in making a direction, under sub-section
(3)(a).
(6) For the purposes of this section, a member is
not to be regarded as having a conflict of
10
interest--
(a) in a matter relating to the supply of
goods or services to the member if the
goods or services are, or are to be,
available to members of the public on
15
the same terms and conditions; or
(b) in a contract or arrangement only
because that contract or arrangement
may benefit a company or other body in
which the member has a beneficial
20
interest that does not exceed 1% of the
total nominal value of beneficial
interests in that company or body.".
21. Substitution of section 27
For section 27 of the Principal Act substitute--
25
"27. Committees
(1) The Board may--
(a) establish any committees it considers
necessary and define the constitution
and functions of each committee so
30
established;
(b) determine the procedure of each
committee;
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s. 22 Act No.
(c) change the constitution or functions of
a committee;
(d) dissolve a committee.
(2) A person may be a member of a committee
established by the Board even though he or
5
she is not a member of the Board.
(3) A member of a committee established by the
Board is entitled to receive any fees or
travelling or other expenses determined by
the Board.".
10
22. Substitution of section 28
For section 28 of the Principal Act substitute--
"28. Delegation
(1) The Board may, by instrument under its
official seal, delegate any of its functions or
15
powers (except this power of delegation or
the power to make by-laws) to--
(a) the members constituting a committee
of the Board, if the committee includes
2 or more members of the Board; or
20
(b) the Director; or
(c) any of its members; or
(d) any member of its staff.
(2) A delegation under sub-section (1) may be
made to a specified person or class of
25
persons referred to in that sub-section.".
23. Amendment of section 28
In section 28(1)(b) of the Principal Act, for
"Director" substitute "Chief Executive Officer".
30
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24. Chief Executive Officer
(1) In section 29(1) of the Principal Act, for "Public
Service Act 1974" substitute "Public Sector
Management Act 1992".
(2) In section 29(2) of the Principal Act, for
5
"Council" (wherever occurring) substitute
"Board".
(3) In section 29 of the Principal Act, sub-section (3)
is repealed.
(4) In section 29 of the Principal Act, for sub-section
10
(1) substitute--
"(1) A Chief Executive Officer of the Library
Board of Victoria shall be appointed by the
Board, with the approval of the Minister, for
the term, not exceeding 5 years, that is
15
specified in the instrument of appointment
but is eligible for re-appointment.
(1A) The Chief Executive Officer holds office,
subject to this Act, on the terms and
conditions that are specified in the
20
instrument of appointment.
(1B) The Board must not remove the Chief
Executive Officer from office except with
the approval of the Minister.".
(5) In section 29(2) of the Principal Act--
25
(a) for "Director" substitute "Chief Executive
Officer"; and
(b) omit paragraph (a).
25. Employment of staff
In section 30 of the Principal Act, for "Public
30
Service Act 1974" substitute "Public Sector
Management Act 1992".
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26. Substitution of section 30
For section 30 of the Principal Act substitute--
"30. Employment of staff
The Board may employ any other persons
necessary for the purposes of this Act.".
5
27. Amendment of section 31
In section 31 of the Principal Act--
(a) for "Council" (wherever occurring)
substitute "Board".
(b) sub-section (3) is repealed.
10
28. Substitution of section 32
For section 32 of the Principal Act substitute--
"32. Borrowing and investment powers
The Board has the powers conferred on it by
the Borrowing and Investment Powers Act
15
1987.".
29. Further consequential amendments
The Principal Act is amended as follows--
(a) in section 36, for "Council" (wherever
occurring) substitute "Board";
20
(b) in section 49, for "Council" (wherever
occurring) substitute "Board";
(c) in section 49, for "Director" (wherever
occurring) substitute "Chief Executive
Officer";
25
(d) in section 50, for "Council" (wherever
occurring) substitute "Board";
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s. 30
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(e) in section 51--
(i) in sub-section (1), for "Council" (where
secondly and thereafter occurring)
substitute "Board";
(ii) in sub-section (2), for "Council" (where
5
secondly and thereafter occurring)
substitute "Board";
(f) in section 52, for "Council" (wherever
occurring) substitute "Board";
(g) in section 52A(5), for "Council of the State
10
Library of Victoria" substitute "Board";
(h) in section 53(1)(a), for "Council" substitute
"Board".
30. Insertion of new section 57
After section 56 of the Principal Act insert--
15
"57. Determination of staff to be transferred
The Minister must designate in writing the
officers and employees of the public service
who are employed in the administration of
this Act who are to become employees of the
20
Board under section 61.".
31. Insertion of new section 58
After section 57 of the Principal Act insert--
"58. Abolition of Libraries Board
(1) The Libraries Board of Victoria established
25
by section 5 is abolished.
(2) Despite any provision to the contrary made
by or under the Financial Management Act
1994, there must be prepared, in accordance
with Part 7 of that Act, a report of the
30
operations of the Libraries Board of Victoria
during the period beginning on 1 July
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s. 32 Act No.
immediately preceding the commencement
of section 31 of the Arts Institutions
(Amendment) Act 1996 and ending on that
commencement.
(3) The report prepared under sub-section (2)
5
must be incorporated in and consolidated
with that of the Council of the State Library
of Victoria or, if the Library Board of
Victoria is in existence on the
commencement referred to in sub-section
10
(2), with that of the Library Board of
Victoria for the financial year that includes
the last day of the period referred to in sub-
section (2).".
32. Insertion of new section 59
15
After section 58 of the Principal Act insert--
"59. Council of the State Library of Victoria
(1) The Library Board of Victoria is to be taken
as the same body as the Council of the State
Library of Victoria in spite of any changes to
20
the name and structure of the Library Board
of Victoria by this Act and no act, matter or
thing is to be affected because of those
changes of name and structure.
(2) A reference in any document to the Council
25
of the State Library of Victoria is to be taken
to refer to the Library Board of Victoria.
(3) A member of the Council of the State
Library of Victoria holding office
immediately before the commencement of
30
section 32 of the Arts Institutions
(Amendment) Act 1996 continues to hold
office after that commencement as a member
of the Library Board of Victoria on the same
terms and conditions as those on which he or
35
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s. 33
Act No.
she held office as a member of the Council
of the State Library of Victoria for the
remainder of the term specified in his or her
instrument of appointment.".
33. Insertion of new sections 60 and 61
5
After section 59 of the Principal Act insert--
"60. Director
The person who immediately before the
commencement of section 33 of the Arts
Institutions (Amendment) Act 1996 was
10
the Director of the State Library of Victoria
is deemed to be appointed by the Board as
the Chief Executive Officer of the Library
Board of Victoria.
61. Transfer of staff
15
(1) On and from the commencement of section
33 of the Arts Institutions (Amendment)
Act 1996, any officer or employee
designated under section 57--
(a) becomes an employee of the Board; and
20
(b) is entitled to remuneration, terms and
conditions determined by the Minister
to be no less favourable in aggregate
than those which he or she received or
was entitled to receive immediately
25
before that commencement as such an
officer or employee; and
(c) retains any entitlement to long service
leave, annual leave, sick leave or other
leave accrued or accruing to that person
30
immediately before that
commencement.
(2) If a person who becomes an employee of the
Board under this section was, immediately
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s. 33 Act No.
before the transfer, an officer within the
meaning of the State Superannuation Act
1988 or a corresponding previous enactment,
he or she continues, subject to that Act, to be
an officer within the meaning of that Act
5
while serving with the Board.
(3) For the purpose of long service leave
entitlements as employees of the Board of
those transferred under this section, their
service with the public service must be taken
10
to be service with the Board.
(4) There must be paid out of the Consolidated
Fund (which is, by this sub-section,
appropriated to the necessary extent) any
amount determined from time to time by the
15
Treasurer after consultation with the
Minister to be the component of any
entitlement to pay in lieu of long service
leave attributable to the service with the
public service of a person transferred under
20
this section.".
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s. 34
Act No.
PART 3--MUSEUMS ACT 1983
34. Principal Act
No. 9903.
In this Part, the Museums Act 1983 is called the Reprinted to
Principal Act. No. 31/1994
and
subsequently
amended by
Nos 42/1995,
100/1995,
104/1995 and
106/1995.
35. Definition
5
In section 2 of the Principal Act, omit the
definition of "Victorian Museums Guidelines".
36. Repeal--Museums Advisory Board
Part II of the Principal Act is repealed.
37. Amendment of definitions
10
(1) In section 9 of the Principal Act--
(a) for the definition of "Council" substitute--
' "Board" means the Museums Board of
Victoria established by section 10;'; and
(b) in the definition of "Museum of Victoria",
15
for "Council" substitute "Board".
(2) In section 9 of the Principal Act, for the definition
of "Director" substitute --
' "Chief Executive Officer" means the Chief
Executive Officer of the Museums Board of
20
Victoria appointed under section 17;'.
38. Amendment of heading
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s. 39 Act No.
In the heading to Division 2 of Part III of the
Principal Act, for "Council of the Museum of
Victoria" substitute "Museums Board of
Victoria".
39. Name change
5
In section 10 of the Principal Act--
(a) in sub-section (1), for "Council to be known
as the Council of the Museum of Victoria"
substitute "board to be known as the
Museums Board of Victoria";
10
(b) for "Council" (wherever else occurring)
substitute "Board".
40. Members of Board
(1) In section 11(1) of the Principal Act--
(a) for "Council" (where first occurring)
15
substitute "Board";
(b) in paragraph (a), for "Council" substitute
"Board";
(c) in paragraph (b), before "experienced" insert
"who, in the opinion of the Minister, are";
20
(d) in paragraph (c)--
(i) before "distinguished" insert "who, in
the opinion of the Minister, are"; and
(ii) for "Council" substitute "Board".
(2) In section 11 of the Principal Act, for sub-section
25
(2) substitute--
"(2) The Governor in Council, after consultation
between the Minister and the Board, must
appoint a member of the Board to be
President.".
30
(3) In section 11(3) of the Principal Act--
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(a) in paragraph (a), omit "ending on a 30th day
of June";
(b) in paragraph (c), for "Council" substitute
"Board".
(4) In section 11(4) of the Principal Act, for
5
"Council" (where first occurring) substitute
"Board".
(5) In section 11(6) of the Principal Act, for
"Council" (wherever occurring) substitute
"Board".
10
(6) In section 11(7) of the Principal Act, for
"Council" (where secondly occurring) substitute
"Board".
(7) In section 11(8) of the Principal Act, for
"Council" (where secondly occurring) substitute
15
"Board".
(8) In section 11(9) of the Principal Act, for
"Council" (wherever occurring) substitute
"Board".
(9) For section 11(11) of the Principal Act
20
substitute--
"(11) The Public Sector Management Act 1992
(including Part 9) does not apply to a
member of the Board in respect of the office
of member.".
25
(10) In section 11 of the Principal Act, for sub-section
(12) substitute--
"(12) A member of the Board is entitled to be paid
any remuneration or travelling or other
allowances fixed for that member from time
30
to time by the Governor in Council.".
(11) In section 11 of the Principal Act, sub-section (13)
is repealed.
20
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43 Act No.
41. Amendment of section 11A
In section 11A of the Principal Act, for "Council"
(where first occurring) substitute "Board".
42. Board meetings
(1) In section 12(1) of the Principal Act, for "eight"
5
substitute "6".
(2) In section 12 of the Principal Act, for sub-section
(2) substitute--
"(2) The President or, in his or her absence, a
member elected by the members present,
10
must preside at a meeting of the Board.".
(3) In section 12 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
43. Insertion of new section 12A
After section 12 of the Principal Act insert--
15
"12A. Resolutions without meetings
(1) If--
(a) the Board has taken reasonable steps to
give notice to each member setting out
the terms of a proposed resolution; and
20
(b) a majority of the members for the time
being sign a document containing a
statement that they are in favour of the
resolution in the terms set out in the
document--
25
a resolution in those terms is deemed to have
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
30
on which the last of those members signs the
document.
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(2) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
to constitute one document.
5
(3) If a resolution is, under sub-section (1),
deemed to have been passed at a meeting of
the Board, each member must as soon as
practicable be advised of the matter and
given a copy of the resolution.
10
(4) The majority of members referred to in sub-
section (1)(b) must not include a member
who, because of section 13, is not entitled to
vote on the resolution.".
44. Substitution of section 13
15
For section 13 of the Principal Act substitute--
"13. Conflicts of interest
(1) If--
(a) a member has a direct or indirect
pecuniary interest in a matter being
20
considered or about to be considered by
the Board; and
(b) the interest could conflict with the
proper performance of the member's
duties in relation to the consideration of
25
the matter--
the member, as soon as practicable after
becoming aware of the relevant facts, must
declare the nature of the interest to the Board
or, in the case of a proposed resolution
30
notice of which is given under section
12A(1)(a), to the President.
(2) The Board or the President must cause the
declaration to be tabled at the next meeting
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of the Board and the person presiding at that
meeting must cause the declaration to be
recorded in the minutes of the meeting.
(3) A member who has a conflict of interest in a
matter--
5
(a) must not be present during any
deliberations on the matter, unless the
Board directs otherwise; and
(b) is not entitled to vote on the matter.
(4) If a member votes on a matter in
10
contravention of sub-section (3)(b), the vote
must be disallowed.
(5) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take
15
part in making a direction, under sub-section
(3)(a).
(6) For the purposes of this section, a member is
not to be regarded as having a conflict of
interest--
20
(a) in a matter relating to the supply of
goods or services to the member if the
goods or services are, or are to be,
available to members of the public on
the same terms and conditions; or
25
(b) in a contract or arrangement only
because that contract or arrangement
may benefit a company or other body in
which the member has a beneficial
interest that does not exceed 1% of the
30
total nominal value of beneficial
interests in that company or body.".
45. Amendment of section 14
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s. 47
Act No.
In section 14 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
46. Substitution of section 15
For section 15 of the Principal Act substitute--
"15. Committees
5
(1) The Board may--
(a) establish any committees it considers
necessary and define the constitution
and functions of each committee so
established;
10
(b) determine the procedure of each
committee;
(c) change the constitution or functions of
a committee;
(d) dissolve a committee.
15
(2) A person may be a member of a committee
established by the Board even though he or
she is not a member of the Board.
(3) A member of a committee established by the
Board is entitled to receive any fees or
20
travelling or other expenses determined by
the Board.".
47. Substitution of section 16
For section 16 of the Principal Act substitute--
"16. Delegation
25
(1) The Board may, by instrument under its
common seal, delegate any of its functions or
powers (except this power of delegation or
the power to make by-laws) to--
(a) the members constituting a committee
30
of the Board, if the committee includes
2 or more members of the Board; or
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(b) the Director; or
(c) any of its members; or
(d) any member of its staff.
(2) A delegation under sub-section (1) may be
made to a specified person or class of
5
persons referred to in that sub-section.".
25
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s. 48
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48. Amendment of section 16
In section 16(1)(b) of the Principal Act, for
"Director" substitute "Chief Executive Officer".
49. Amendment of section 17
(1) In section 17 of the Principal Act--
5
(a) in sub-section (1), for "Council" (wherever
occurring) substitute "Board"; and
(b) in sub-section (4), for "Council" substitute
"Board".
(2) In section 17(1) of the Principal Act--
10
(a) for "Director of the Museum of Victoria"
subsitute "Chief Executive Officer of the
Museums Board of Victoria"; and
(b) omit paragraph (a).
(3) In section 17 of the Principal Act, for sub-sections
15
(2) to (6) substitute--
"(2) The Chief Executive Officer shall be
appointed by the Board, with the approval of
the Minister, for the term, not exceeding 5
years, that is specified in the instrument of
20
appointment but is eligible for re-
appointment.
(3) The Chief Executive Officer holds office,
subject to this Act, on the terms and
conditions that are specified in the
25
instrument of appointment.
(4) The Board must not remove the Chief
Executive Officer from office except with
the approval of the Minister.".
50. Repeal of section 18
30
Section 18 of the Principal Act is repealed.
51. Repeal of section 19
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Section 19 of the Principal Act is repealed.
52. Substitution of section 20
For section 20 of the Principal Act substitute--
"20. Other staff
The Board may employ any other persons
5
necessary for the purposes of this Act.".
53. Amendment of section 21
In section 21 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
54. Substitution of heading
10
For the heading to Division 4 of Part III of the
Principal Act substitute--
"Division 4--Functions and Powers of the
Board"
55. Insertion of new sections 22 and 22A
15
For section 22 of the Principal Act substitute--
"22. Board represents the Crown
In performing its functions and exercising its
powers under this Act, the Board represents
the Crown.
20
22A. Board subject to control of Minister
In performing its functions and exercising its
powers under this Act, the Board is subject
to the direction and control of the Minister.".
56. Amendment of section 23
25
In section 23 of the Principal Act--
(a) for "Council" (where first occurring)
substitute "Board";
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(b) in paragraph (a), for "operate and develop"
substitute "control, manage, operate,
promote, develop and maintain";
(c) in paragraph (aa)(iii), for "Council" (where
secondly occurring) substitute "Board";
5
(d) in paragraph (b), for "natural history, the
history of human society and the history of
science and technology" substitute "natural
sciences, indigenous culture, social history
and science and technology";
10
(e) for paragraph (f) substitute--
"(f) to research, present and promote issues
of public relevance and benefit in the
following fields--
(i) the origins, development and
15
diversity of cultures in Australia
and adjacent lands;
(ii) the natural environment;
(iii) science and technology and their
applications to the development of
20
society;";
(f) after paragraph (g) insert--
"(ga) to provide leadership to museums in
Victoria;
(gb) to advise the Minister on matters
25
relating to museums, and co-ordination
of museum services, in Victoria;";
(g) in paragraph (h), for "the Museum of
Victoria" substitute "museums".
57. Amendment of section 24
30
(1) In section 24(1) of the Principal Act--
(a) for "Council" substitute "Board";
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(b) omit "and to enable it to achieve its
objectives".
(2) In section 24(2) of the Principal Act--
(a) for paragraphs (a) to (i) substitute--
"(a) to enter into contracts, agreements or
5
arrangements with any person or body
of persons and do everything, including
the payment of money, that is necessary
or expedient for carrying the contracts,
agreements or arrangements into effect;
10
(b) to accept real or personal property by
purchase, gift, grant, devise or bequest,
whether on trust or otherwise;
(c) to act as trustee of any real or personal
property vested in the Board on trust;";
15
(b) for "Council" (wherever occurring)
substitute "Board".
(3) In section 24(3) of the Principal Act--
(a) for "Council" (where first occurring)
substitute "Board";
20
(b) in paragraph (b), for "Council" (wherever
occurring) substitute "Board";
(c) in paragraph (c), for "Council" substitute
"Board".
58. Amendment of section 25
25
(1) In section 25(1) of the Principal Act--
(a) for "Council" (where secondly occurring)
substitute "Board";
(b) in paragraph (a), for "Council" (wherever
occurring) substitute "Board";
30
(c) in paragraph (b), for "Council" substitute
"Board".
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(2) In section 25(2) of the Principal Act--
(a) for "Council" (where secondly occurring)
substitute "Board";
(b) in paragraph (b), for "Council" substitute
"Board".
5
59. Amendment of section 26
(1) In section 26 of the Principal Act, for "Council"
(wherever occurring) substitute "Board".
(2) In section 26 of the Principal Act, for sub-section
(5) substitute--
10
'(5) In this section "department" means the
departments and administrative offices listed
from time to time in columns 1 and 3 of
Schedule 1 of the Public Sector
Management Act 1992.'.
15
60. Amendment of section 27
In section 27 of the Principal Act--
(a) for "Council" substitute "Board";
(b) for "Council's" substitute "Board's".
61. Amendment of section 28
20
In section 28 of the Principal Act--
(a) for "Council" (wherever occurring)
substitute "Board";
(b) sub-section (3) is repealed.
62. Substitution of section 29
25
For section 29 of the Principal Act substitute--
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s. 63 Act No.
"29. Borrowing and investment powers
The Board has the powers conferred on it by
the Borrowing and Investment Powers Act
1987.".
63. Further consequential amendments
5
The Principal Act is amended as follows--
(a) in section 30, for "Council" (wherever
occurring) substitute "Board";
(b) in section 31(1)(a), for "Council" substitute
"Board";
10
(c) in section 31A, for "Council" (wherever
occurring) substitute "Board";
(d) in section 36(2)(b), for "Council of the State
Library of Victoria" substitute "Library
Board of Victoria";
15
(e) in section 36(3)(b), for "Council of the State
Library of Victoria" substitute "Library
Board of Victoria";
(f) in section 40, for "Council" (wherever
occurring) substitute "Board";
20
(g) in section 42 of the Principal Act--
(i) for "Council" (wherever occurring)
substitute "Board";
(ii) for "Council's" substitute "Board's".
64. Insertion of new Division 10 in Part 3
25
After section 44 of the Principal Act insert--
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s. 65
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"Division 10--Further Transitional Provisions
45. Determination of staff to be transferred
The Minister must designate in writing the
officers and employees of the public service
who are employed in the administration of
5
this Act who are to become employees of the
Board under section 49.".
65. Insertion of new section 46
After section 45 of the Principal Act insert--
"46. Abolition of Museums Advisory Board
10
(1) The Museums Advisory Board established
by section 4 of the Principal Act is
abolished.
(2) Despite any provision to the contrary made
by or under the Financial Management Act
15
1994, there must be prepared, in accordance
with Part 7 of that Act, a report of the
operations of the Museums Advisory Board
during the period beginning on 1 July
immediately preceding the commencement
20
of section 65 of the Arts Institutions
(Amendment) Act 1996 and ending on that
commencement.
(3) The report prepared under sub-section (2)
must be incorporated in and consolidated
25
with that of the Council of the Museum of
Victoria or, if the Museums Board of
Victoria is in existence on the
commencement referred to in sub-section
(2), with that of the Museums Board of
30
Victoria for the financial year that includes
the last day of the period referred to in sub-
section (2).".
32
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66. Insertion of new section 47
After section 46 of the Principal Act insert--
"47. Council of the Museum of Victoria
(1) The Museums Board of Victoria is to be
taken as the same body as the Council of the
5
Museum of Victoria in spite of any changes
to the name and structure of the Museums
Board of Victoria by this Act and no act,
matter or thing is to be affected because of
those changes of name and structure.
10
(2) A reference in any document to the Council
of the Museum of Victoria is to be taken to
refer to the Museums Board of Victoria.
(3) A member of the Council of the Museum of
Victoria holding office immediately before
15
the commencement of section 66 of the Arts
Institutions (Amendment) Act 1996
continues to hold office after that
commencement as a member of the
Museums Board of Victoria on the same
20
terms and conditions as those on which he or
she held office as a member of the Council
of the Museum of Victoria for the remainder
of the term specified in his or her instrument
of appointment.".
25
67. Insertion of new sections 48 and 49
After section 47 of the Principal Act insert--
"48. Director
The person who immediately before the
commencement of section 67 of the Arts
30
Institutions (Amendment) Act 1996 was
the Director of the Museum of Victoria is
deemed to be appointed by the Board as the
Chief Executive Officer of the Museums
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Board of Victoria on terms and conditions
determined by the Minister to be no less
favourable in aggregate than those applying
to the Director immediately before that
commencement.
5
49. Transfer of staff
(1) On and from the commencement of section
67 of the Arts Institutions (Amendment)
Act 1996, any officer or employee
designated under section 45--
10
(a) becomes an employee of the Board; and
(b) is entitled to remuneration, terms and
conditions determined by the Minister
to be no less favourable in aggregate
than those which he or she received or
15
was entitled to receive immediately
before that commencement as such an
officer or employee; and
(c) retains any entitlement to long service
leave, annual leave, sick leave or other
20
leave accrued or accruing to that person
immediately before that
commencement.
(2) If a person who becomes an employee of the
Board under this Division was, immediately
25
before the transfer, an officer within the
meaning of the State Superannuation Act
1988 or a corresponding previous enactment,
he or she continues, subject to that Act, to be
an officer within the meaning of that Act
30
while serving with the Board.
(3) For the purpose of long service leave
entitlements as employees of the Board of
those transferred under this Division, their
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service with the public service must be taken
to be service with the Board.
(4) There must be paid out of the Consolidated
Fund (which is, by this sub-section,
appropriated to the necessary extent) any
5
amount determined from time to time by the
Treasurer after consultation with the
Minister to be the component of any
entitlement to pay in lieu of long service
leave attributable to the service with the
10
public service of a person transferred under
this Division.".
_______________
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Act No.
PART 4--NATIONAL GALLERY OF VICTORIA ACT 1966
68. Principal Act
No. 7482.
In this Part, the National Gallery of Victoria Act Reprinted to
1966 is called the Principal Act. No. 31/1994
and
subsequently
amended by
No. 42/1995.
69. Definitions
5
In section 4 of the Principal Act--
(a) omit the definition of "country art gallery";
(b) after the definition of "development
collection" insert--
' "Director" means the Director of the
10
National Gallery of Victoria appointed
under section 12;'.
(c) after the definition of "President" insert--
' "regional art gallery" means an art gallery
situate and conducted outside the
15
metropolitan area for the time being
within the meaning of section 201 of
the Melbourne and Metropolitan
Board of Works Act 1958;'.
70. Ministerial directions
20
In section 5B of the Principal Act omit "general".
71. Council members
(1) In section 6(1) of the Principal Act--
(a) in paragraph (a), after "office" insert "in the
visual arts";
25
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(b) in paragraph (b), for "representing country"
substitute "having relevant experience in
relation to regional".
(2) In section 6 of the Principal Act, after sub-section
(2A) insert--
5
"(3) The Public Sector Management Act 1992
(including Part 9) does not apply to a
member of the Council in respect of the
office of member.".
72. Insertion of new section 7A
10
After section 7 of the Principal Act insert--
"7A. Council may act despite vacancy etc.
An act or decision of the Council is not
invalid only because of--
(a) a defect or irregularity in or in
15
connection with the appointment of a
member; or
(b) a vacancy in the office of member.".
73. Council
(1) In section 8 of the Principal Act, sub-section (4) is
20
repealed.
(2) In section 8 of the Principal Act, for sub-section
(5) substitute--
"(5) The President or, in his or her absence, a
member elected by the members present to
25
be chairman of the meeting, must preside at a
meeting of the Council.".
(3) In section 8 of the Principal Act, after sub-section
(7) insert--
30
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s. 74
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"(8) The Council must meet on at least 6
occasions in each year at the times and
places that are determined by the President
or the Council.".
74. Insertion of new sections 9A and 9B
5
After section 9 of the Principal Act insert--
"9A. Resolutions without meetings
(1) If--
(a) the Council has taken reasonable steps
to give notice to each member setting
10
out the terms of a proposed resolution;
and
(b) a majority of the members for the time
being sign a document containing a
statement that they are in favour of the
15
resolution in the terms set out in the
document--
a resolution in those terms is deemed to have
been passed at a meeting of the Council held
on the day on which the document is signed
20
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
on which the last of those members signs the
document.
(2) For the purposes of sub-section (1), 2 or
25
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
to constitute one document.
(3) If a resolution is, under sub-section (1),
30
deemed to have been passed at a meeting of
the Council, each member must as soon as
practicable be advised of the matter and
given a copy of the resolution.
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(4) The majority of members referred to in sub-
section (1)(b) must not include a member
who, because of section 9B, is not entitled to
vote on the resolution.
9B. Conflicts of interest
5
(1) If--
(a) a member has a direct or indirect
pecuniary interest in a matter being
considered or about to be considered by
the Council; and
10
(b) the interest could conflict with the
proper performance of the member's
duties in relation to the consideration of
the matter--
the member, as soon as practicable after
15
becoming aware of the relevant facts, must
declare the nature of the interest to the
Council or, in the case of a proposed
resolution notice of which is given under
section 9A(1)(a), to the President.
20
(2) The Council or the President must cause the
declaration to be tabled at the next meeting
of the Council and the person presiding at
that meeting must cause the declaration to be
recorded in the minutes of the meeting.
25
(3) A member who has a conflict of interest in a
matter--
(a) must not be present during any
deliberations on the matter, unless the
Council directs otherwise; and
30
(b) is not entitled to vote on the matter.
39
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(4) If a member votes on a matter in
contravention of sub-section (3)(b), the vote
must be disallowed.
(5) A member who has a conflict of interest in a
matter must not be present during any
5
deliberations leading to a direction, or take
part in making a direction, under sub-section
(3)(a).
(6) For the purposes of this section, a member is
not to be regarded as having a conflict of
10
interest--
(a) in a matter relating to the supply of
goods or services to the member if the
goods or services are, or are to be,
available to members of the public on
15
the same terms and conditions; or
(b) in a contract or arrangement only
because that contract or arrangement
may benefit a company or other body in
which the member has a beneficial
20
interest that does not exceed 1% of the
total nominal value of beneficial
interests in that company or body.".
75. Substitution of section 10
For section 10 of the Principal Act substitute--
25
"10. Remuneration and allowances
A member of the Council is entitled to be
paid any remuneration or travelling or other
allowances fixed for that member from time
to time by the Governor in Council.".
30
76. Amendment of section 11
In section 11 of the Principal Act, sub-section (3)
is repealed.
40
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Arts Institutions (Amendment) Act 1996
s. 77 Act No.
77. Insertion of new sections 11A and 11B
After section 11 of the Principal Act insert--
"11A. Committees
(1) The Council may--
(a) establish any committees it considers
5
necessary and define the constitution
and functions of each committee so
established;
(b) determine the procedure of each
committee;
10
(c) change the constitution or functions of
a committee;
(d) dissolve a committee.
(2) A person may be a member of a committee
established by the Council even though he or
15
she is not a member of the Council.
(3) A member of a committee established by the
Council is entitled to receive any fees or
travelling or other expenses determined by
the Council.
20
11B. Delegation
(1) The Council may, by instrument under its
common seal, delegate any of its functions or
powers (except this power of delegation or
the power to make by-laws) to--
25
(a) the members constituting a committee
of the Council, if the committee
includes 2 or more members of the
Council; or
(b) the Director; or
30
(c) any of its members; or
(d) any member of its staff.
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Arts Institutions (Amendment) Act 1996
s. 78
Act No.
(2) A delegation under sub-section (1) may be
made to a specified person or class of
persons referred to in that sub-section.".
78. New sections 12 and 12A
For section 12 of the Principal Act substitute--
5
"12. Director
(1) There shall be a Director of the National
Gallery of Victoria.
(2) The Director shall--
(a) be the chief executive officer of the
10
Council; and
(b) have the control and management of the
day to day affairs of the Council in
accordance with directions given by the
Council.
15
(3) The Director shall be appointed by the
Council, with the approval of the Minister,
for the term, not exceeding 5 years, that is
specified in the instrument of appointment
but is eligible for re-appointment.
20
(4) The Director holds office, subject to this Act,
on the terms and conditions that are specified
in the instrument of appointment.
(5) The Council must not remove the Director
from office except with the approval of the
25
Minister.
12A. Staff
The Council may employ any persons
necessary for the purposes of this Act.".
30
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Arts Institutions (Amendment) Act 1996
s. 79 Act No.
79. Functions of the Council
(1) In section 13 of the Principal Act--
(a) before "The functions of the Council" insert
"(1)";
(b) in paragraph (b), for "maintain and develop"
5
substitute "maintain, conserve, develop and
promote";
(c) after paragraph (c) insert--
"(ca) to conduct public programs and
exhibitions of material within the State
10
collection;";
(d) in paragraph (d), after "including" insert
"computer and other technologies and";
(e) for paragraph (g) substitute--
"(g) to provide leadership in the provision
15
of art gallery services in Victoria;".
(2) After section 13(1) of the Principal Act insert--
"(2) In carrying out its functions, the Council
must endeavour to contribute to the
enrichment of the cultural, educational,
20
social and economic life of the people of
Victoria.".
80. Insertion of new section 18AA
After section 18 of the Principal Act insert--
"18AA. Borrowing and investment powers
25
The Council has the powers conferred on it
by the Borrowing and Investment Powers
Act 1987.".
81. Insertion of new Division 4 in Part II
After section 21 of the Principal Act insert--
30
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Arts Institutions (Amendment) Act 1996
s. 82
Act No.
"Division 4--Further Transitional Provisions
22. Determination of staff to be transferred
The Minister must designate in writing the
officers and employees of the public service
who are employed in the administration of
5
this Act who are to become employees of the
Council under section 24.".
82. Insertion of new sections 23 and 24
After section 22 of the Principal Act insert--
"23. Director
10
The person who immediately before the
commencement of section 82 of the Arts
Institutions (Amendment) Act 1996 was
the Director of the National Gallery of
Victoria is deemed to be appointed by the
15
Council as the Director.
24. Transfer of staff
(1) On and from the commencement of section
82 of the Arts Institutions (Amendment)
Act 1996, any officer or employee
20
designated under section 22--
(a) becomes an employee of the Council;
and
(b) is entitled to remuneration, terms and
conditions determined by the Minister
25
to be no less favourable in aggregate
than those which he or she received or
was entitled to receive immediately
before that commencement as such an
officer or employee; and
30
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Arts Institutions (Amendment) Act 1996
s. 82 Act No.
(c) retains any entitlement to long service
leave, annual leave, sick leave or other
leave accrued or accruing to that person
immediately before that
commencement.
5
(2) If a person who becomes an employee of the
Council under this section was, immediately
before the transfer, an officer within the
meaning of the State Superannuation Act
1988 or a corresponding previous enactment,
10
he or she continues, subject to that Act, to be
an officer within the meaning of that Act
while serving with the Council.
(3) For the purpose of long service leave
entitlements as employees of the Council of
15
those transferred under this section, their
service with the public service must be taken
to be service with the Council.
(4) There must be paid out of the Consolidated
Fund (which is, by this sub-section,
20
appropriated to the necessary extent) any
amount determined from time to time by the
Treasurer after consultation with the
Minister to be the component of any
entitlement to pay in lieu of long service
25
leave attributable to the service with the
public service of a person transferred under
this section.".
_______________
30
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Arts Institutions (Amendment) Act 1996
s. 83
Act No.
PART 5--MINISTRY FOR THE ARTS ACT 1972
83. Principal Act
No. 8357.
In this Part, the Ministry for the Arts Act 1972 is Reprinted to
called the Principal Act. No. 10087 and
subsequently
amended by
Nos 50/1988,
80/1988 and
29/1994.
84. Victorian Council of the Arts
5
(1) In section 11(1) of the Principal Act, for "not
more than 12" substitute "any number of".
(2) In section 11(4) of the Principal Act, for
"prescribed" substitute "fixed from time to time
by the Governor in Council".
10
(3) In section 13 of the Principal Act, omit paragraph
(a).
_______________
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Arts Institutions (Amendment) Act 1996
s. 85 Act No.
PART 6--PUBLIC RECORDS ACT 1973
85. Principal Act
No 8418. In this Part, the Public Records Act 1973 is
Reprinted to
called the Principal Act.
No. 29/1994.
86. Definitions
5
In section 2(1) of the Principal Act--
(a) in the definition of "public office", after
paragraph (b) insert--
"(ba) a State owned enterprise within the
meaning of the State Owned
10
Enterprises Act 1992;";
(b) in the definition of "public record", in
paragraph (c) after "public office" insert "or
a person or body referred to in section 2B".
87. Insertion of new sections 2A and 2B
15
After section 2 of the Principal Act insert--
"2A. Person or body no longer a public office
For the purposes of this Act, a person or
body that was, at any time, a public office is
to be taken never to have been a public
20
office only if--
(a) a legislative provision; or
(b) regulations made for the purposes of
this section--
expressly provide that, for the purposes of
25
this Act, the person or body is deemed never
to have been a public office.
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s. 87
Act No.
2B. Records of a body that ceases to be a public
office
If a body corporate or unincorporate that is a
public office ceases, on a particular day, to
be a public office, then, despite that
5
cessation--
(a) the records of the body that were in
existence prior to that day continue to
be public records; and
(b) the Keeper of Public Records may
10
make arrangements with the body to
enable those records of the body to be
dealt with in accordance with this Act
in the same manner as if the body had
not ceased to be a public office.".
15
_______________
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Arts Institutions (Amendment) Act 1996
s. 88 Act No.
PART 7--OTHER AMENDMENTS
88. Borrowing and Investment Powers Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987--
(a) after item 1 insert--
5
"1A. Council of Trustees 5, 8, 11, 12, 20,
of the National 20A and 21";
Gallery of Victoria
(b) after item 6 insert--
"6A. Library Board of 5, 8, 11, 12, 20,
Victoria 20A and 21";
(c) after item 9 insert--
"9A. Museums Board of 5, 8, 11, 12, 20,
Victoria 20A and 21".
89. Melbourne Exhibition Centre Act 1994
In section 6(e) of the Melbourne Exhibition
Centre Act 1994, for "Council of the Museum of
10
Victoria" substitute "Museums Board of
Victoria".
90. Probate Duty Act 1962
In section 21(3)(c) of the Probate Duty Act 1962,
for "Council of the State Library of Victoria"
15
substitute "Library Board of Victoria".
91. Public Sector Management Act 1992
In Schedule 2 to the Public Sector Management
Act 1992 omit--
Secretary to the All of Part 4 of
"Director of the
Department of the Act".
Museum of
Arts, Sport and
Victoria
Tourism
20
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Arts Institutions (Amendment) Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Arts Institutions (Amendment) Act 1996
Act No.
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531083B.I1-14/11/96 BILL LA INTRODUCTION 14/11/96
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