{"id":"F2018L01294","name":"Australian National Maritime Museum Regulations 2018","slug":"australian-national-maritime-museum-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97988,"registerId":"commonwealth-F2018L01294-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Australian National Maritime Museum Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Australian National Maritime Museum Act 1990.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Museum;\n    (d) national maritime collection;\n    (e) vessel.\n  In this instrument:\n\n> Act means the Australian National Maritime Museum Act 1990.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.\n\n> controlled Museum premises means any of the following:\n\n    (a) any part of Museum premises that:\n    (i) is a building, structure or vessel, or a part of a building structure or vessel; and\n    (ii) is used to exhibit, develop, preserve, maintain or store Museum material;\n    (b) any part of Museum premises on or in which a notice is displayed that:\n    (i) is clearly visible to members of the public; and\n    (ii) has been authorised by the Director; and\n    (iii) states that that part of Museum premises is controlled Museum premises.\n\n> Director’s notice has the meaning given by subsection 22(1).\n\n> liquor has the meaning given by subsection 53(3) of the Act.\n\n> liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national maritime collection; and\n    (b) other material owned by, or under the control of, the Museum; and\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises has the meaning given by subsection 54(2) of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a person appointed under subsection 13(1) to be a security officer.\n\n> staff member means a member of the staff of the Museum.\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> water area of Museum premises means an area of water within the limits of Museum premises.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Financial transactions","content":"## Part 2—Financial transactions","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Restrictions on financial transactions","content":"#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Value of maritime historical material","content":"#### 7 Value of maritime historical material\n\n  (1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.\n  (2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Supply of liquor","content":"## Part 4—Supply of liquor","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Purposes of this Part","content":"#### 8 Purposes of this Part\n\n  This Part is made for the purposes of subsection 53(1) of the Act.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Authorisation to supply liquor","content":"#### 9 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director may specify in the authorisation conditions to which it is subject.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Supply of liquor","content":"#### 10 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Buying or obtaining liquor","content":"#### 11 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.","sortOrder":11},{"sectionNumber":"Part 5","sectionType":"part","heading":"Conduct of persons on Museum premises","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Australian National Maritime Museum Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the Australian National Maritime Museum Act 1990.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Museum;\n    (d) national maritime collection;\n    (e) vessel.\n  In this instrument:\n\n> Act means the Australian National Maritime Museum Act 1990.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.\n\n> controlled Museum premises means any of the following:\n\n    (a) any part of Museum premises that:\n    (i) is a building, structure or vessel, or a part of a building structure or vessel; and\n    (ii) is used to exhibit, develop, preserve, maintain or store Museum material;\n    (b) any part of Museum premises on or in which a notice is displayed that:\n    (i) is clearly visible to members of the public; and\n    (ii) has been authorised by the Director; and\n    (iii) states that that part of Museum premises is controlled Museum premises.\n\n> Director’s notice has the meaning given by subsection 22(1).\n\n> liquor has the meaning given by subsection 53(3) of the Act.\n\n> liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national maritime collection; and\n    (b) other material owned by, or under the control of, the Museum; and\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises has the meaning given by subsection 54(2) of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a person appointed under subsection 13(1) to be a security officer.\n\n> staff member means a member of the staff of the Museum.\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> water area of Museum premises means an area of water within the limits of Museum premises.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.\n\n#### 7 Value of maritime historical material\n\n  (1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.\n  (2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.\n\n## Part 4—Supply of liquor\n\n#### 8 Purposes of this Part\n\n  This Part is made for the purposes of subsection 53(1) of the Act.\n\n#### 9 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director may specify in the authorisation conditions to which it is subject.\n\n#### 10 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.\n\n#### 11 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 5—Conduct of persons on Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 12 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.\n\n### Division 2—Security officers\n\n#### 13 Security officers\n\n  Appointment of security officers\n  (1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a staff member;\n    (b) an officer or employee mentioned in section 41 of the Act;\n    (c) a person engaged as a consultant under section 42 of the Act;\n    (d) a person employed under contract with the Museum;\n    (e) a person employed or engaged by a person mentioned in paragraph (d).\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 14 Powers of security officers—prohibiting entry\n\n  (1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 16, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or\n    (d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.\n\n#### 15 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the security officer.\n  (3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 16 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 17 Powers of security officers—vehicles and vessels\n\n  (1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) not to park the vehicle on or in Museum premises; or\n    (c) not to park the vehicle in a specified place on or in Museum premises.\n  (2) A security officer may direct the person apparently in charge of a vessel:\n    (a) not to enter into a water area of Museum premises; or\n    (b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or\n    (c) to leave a water area of Museum premises.\n\n#### 18 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 19 Powers of security officers—taking photographs\n\n  A security officer may direct a person who is on or in controlled Museum premises:\n    (a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 20 Powers of security officers—deletion and destruction of photographs\n\n  (1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:\n    (a) any direction by a security officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The security officer may direct the person to delete or destroy the photograph.\n\n#### 21 Powers of security officers—offence\n\n  (1) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a security officer gives the person a direction under section 15, 17 or 18; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in controlled Museum premises; and\n    (b) a security officer gives the person a direction under section 19 or 20; and\n    (c) the person does not comply with the direction.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 22 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 23 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in any controlled Museum premises; and\n    (b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in any controlled Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, structure, vessel, wall or fence; or\n    (ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 24 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (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.\n\nPenalty: 5 penalty units.\n\n#### 25 Animals\n\n  (1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and\n    (b) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 26 Foods and liquids\n\n  (1) A person commits an offence if the person:\n    (a) brings food or liquid onto or into any controlled Museum premises; or\n    (b) consumes food or liquid on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or\n    (c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 28 Prohibited articles\n\n  (1) A person commits an offence if the person:\n    (a) brings a prohibited article onto or into any controlled Museum premises; or\n    (b) uses a prohibited article on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 29 Fishing from Museum premises\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) fishes from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 30 Launching or mooring vessels\n\n  A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 31 Swimming to or from Museum premises\n\n  A person commits an offence if the person:\n    (a) swims to any part of Museum premises; or\n    (b) swims from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n### Division 5—Defences\n\n#### 32 Defences\n\n  (1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member; or\n    (d) an officer or employee mentioned in section 41 of the Act; or\n    (e) a person engaged as a consultant under section 42 of the Act; or\n    (f) a person employed under contract with the Museum; or\n    (g) a person employed or engaged by a person mentioned in paragraph (f); or\n    (h) a volunteer engaged by the Museum to assist the Museum;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 6—Entry charges\n\n#### 33 Entry charges\n\n  (1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.\n  (2) This section does not prevent the Museum from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or\n    (b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.\n\n## Part 7—Delegations\n\n#### 34 Delegation of powers and functions\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:\n    (a) an SES employee or an acting SES employee; or\n    (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 8—Transitional provisions\n\n#### 35 Definitions\n\n  In this Part:\n\n> old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.\n\n#### 36 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.\n\n#### 37 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 3(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 3(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.\n\n#### 38 Director’s notices\n\n  A notice:\n    (a) issued by the authority of the Director under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.\n\n#### 39 Consent of Director\n\n  For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Purposes of this Part","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Australian National Maritime Museum Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the Australian National Maritime Museum Act 1990.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Museum;\n    (d) national maritime collection;\n    (e) vessel.\n  In this instrument:\n\n> Act means the Australian National Maritime Museum Act 1990.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.\n\n> controlled Museum premises means any of the following:\n\n    (a) any part of Museum premises that:\n    (i) is a building, structure or vessel, or a part of a building structure or vessel; and\n    (ii) is used to exhibit, develop, preserve, maintain or store Museum material;\n    (b) any part of Museum premises on or in which a notice is displayed that:\n    (i) is clearly visible to members of the public; and\n    (ii) has been authorised by the Director; and\n    (iii) states that that part of Museum premises is controlled Museum premises.\n\n> Director’s notice has the meaning given by subsection 22(1).\n\n> liquor has the meaning given by subsection 53(3) of the Act.\n\n> liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national maritime collection; and\n    (b) other material owned by, or under the control of, the Museum; and\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises has the meaning given by subsection 54(2) of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a person appointed under subsection 13(1) to be a security officer.\n\n> staff member means a member of the staff of the Museum.\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> water area of Museum premises means an area of water within the limits of Museum premises.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.\n\n#### 7 Value of maritime historical material\n\n  (1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.\n  (2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.\n\n## Part 4—Supply of liquor\n\n#### 8 Purposes of this Part\n\n  This Part is made for the purposes of subsection 53(1) of the Act.\n\n#### 9 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director may specify in the authorisation conditions to which it is subject.\n\n#### 10 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.\n\n#### 11 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 5—Conduct of persons on Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 12 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.\n\n### Division 2—Security officers\n\n#### 13 Security officers\n\n  Appointment of security officers\n  (1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a staff member;\n    (b) an officer or employee mentioned in section 41 of the Act;\n    (c) a person engaged as a consultant under section 42 of the Act;\n    (d) a person employed under contract with the Museum;\n    (e) a person employed or engaged by a person mentioned in paragraph (d).\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 14 Powers of security officers—prohibiting entry\n\n  (1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 16, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or\n    (d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.\n\n#### 15 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the security officer.\n  (3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 16 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 17 Powers of security officers—vehicles and vessels\n\n  (1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) not to park the vehicle on or in Museum premises; or\n    (c) not to park the vehicle in a specified place on or in Museum premises.\n  (2) A security officer may direct the person apparently in charge of a vessel:\n    (a) not to enter into a water area of Museum premises; or\n    (b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or\n    (c) to leave a water area of Museum premises.\n\n#### 18 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 19 Powers of security officers—taking photographs\n\n  A security officer may direct a person who is on or in controlled Museum premises:\n    (a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 20 Powers of security officers—deletion and destruction of photographs\n\n  (1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:\n    (a) any direction by a security officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The security officer may direct the person to delete or destroy the photograph.\n\n#### 21 Powers of security officers—offence\n\n  (1) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a security officer gives the person a direction under section 15, 17 or 18; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in controlled Museum premises; and\n    (b) a security officer gives the person a direction under section 19 or 20; and\n    (c) the person does not comply with the direction.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 22 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 23 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in any controlled Museum premises; and\n    (b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in any controlled Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, structure, vessel, wall or fence; or\n    (ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 24 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (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.\n\nPenalty: 5 penalty units.\n\n#### 25 Animals\n\n  (1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and\n    (b) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 26 Foods and liquids\n\n  (1) A person commits an offence if the person:\n    (a) brings food or liquid onto or into any controlled Museum premises; or\n    (b) consumes food or liquid on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or\n    (c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 28 Prohibited articles\n\n  (1) A person commits an offence if the person:\n    (a) brings a prohibited article onto or into any controlled Museum premises; or\n    (b) uses a prohibited article on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 29 Fishing from Museum premises\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) fishes from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 30 Launching or mooring vessels\n\n  A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 31 Swimming to or from Museum premises\n\n  A person commits an offence if the person:\n    (a) swims to any part of Museum premises; or\n    (b) swims from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n### Division 5—Defences\n\n#### 32 Defences\n\n  (1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member; or\n    (d) an officer or employee mentioned in section 41 of the Act; or\n    (e) a person engaged as a consultant under section 42 of the Act; or\n    (f) a person employed under contract with the Museum; or\n    (g) a person employed or engaged by a person mentioned in paragraph (f); or\n    (h) a volunteer engaged by the Museum to assist the Museum;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 6—Entry charges\n\n#### 33 Entry charges\n\n  (1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.\n  (2) This section does not prevent the Museum from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or\n    (b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.\n\n## Part 7—Delegations\n\n#### 34 Delegation of powers and functions\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:\n    (a) an SES employee or an acting SES employee; or\n    (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 8—Transitional provisions\n\n#### 35 Definitions\n\n  In this Part:\n\n> old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.\n\n#### 36 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.\n\n#### 37 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 3(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 3(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.\n\n#### 38 Director’s notices\n\n  A notice:\n    (a) issued by the authority of the Director under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.\n\n#### 39 Consent of Director\n\n  For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Purposes of this Part","content":"#### 12 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Security officers","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Australian National Maritime Museum Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the Australian National Maritime Museum Act 1990.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Museum;\n    (d) national maritime collection;\n    (e) vessel.\n  In this instrument:\n\n> Act means the Australian National Maritime Museum Act 1990.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.\n\n> controlled Museum premises means any of the following:\n\n    (a) any part of Museum premises that:\n    (i) is a building, structure or vessel, or a part of a building structure or vessel; and\n    (ii) is used to exhibit, develop, preserve, maintain or store Museum material;\n    (b) any part of Museum premises on or in which a notice is displayed that:\n    (i) is clearly visible to members of the public; and\n    (ii) has been authorised by the Director; and\n    (iii) states that that part of Museum premises is controlled Museum premises.\n\n> Director’s notice has the meaning given by subsection 22(1).\n\n> liquor has the meaning given by subsection 53(3) of the Act.\n\n> liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national maritime collection; and\n    (b) other material owned by, or under the control of, the Museum; and\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises has the meaning given by subsection 54(2) of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a person appointed under subsection 13(1) to be a security officer.\n\n> staff member means a member of the staff of the Museum.\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> water area of Museum premises means an area of water within the limits of Museum premises.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.\n\n#### 7 Value of maritime historical material\n\n  (1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.\n  (2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.\n\n## Part 4—Supply of liquor\n\n#### 8 Purposes of this Part\n\n  This Part is made for the purposes of subsection 53(1) of the Act.\n\n#### 9 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director may specify in the authorisation conditions to which it is subject.\n\n#### 10 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.\n\n#### 11 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 5—Conduct of persons on Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 12 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.\n\n### Division 2—Security officers\n\n#### 13 Security officers\n\n  Appointment of security officers\n  (1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a staff member;\n    (b) an officer or employee mentioned in section 41 of the Act;\n    (c) a person engaged as a consultant under section 42 of the Act;\n    (d) a person employed under contract with the Museum;\n    (e) a person employed or engaged by a person mentioned in paragraph (d).\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 14 Powers of security officers—prohibiting entry\n\n  (1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 16, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or\n    (d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.\n\n#### 15 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the security officer.\n  (3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 16 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 17 Powers of security officers—vehicles and vessels\n\n  (1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) not to park the vehicle on or in Museum premises; or\n    (c) not to park the vehicle in a specified place on or in Museum premises.\n  (2) A security officer may direct the person apparently in charge of a vessel:\n    (a) not to enter into a water area of Museum premises; or\n    (b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or\n    (c) to leave a water area of Museum premises.\n\n#### 18 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 19 Powers of security officers—taking photographs\n\n  A security officer may direct a person who is on or in controlled Museum premises:\n    (a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 20 Powers of security officers—deletion and destruction of photographs\n\n  (1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:\n    (a) any direction by a security officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The security officer may direct the person to delete or destroy the photograph.\n\n#### 21 Powers of security officers—offence\n\n  (1) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a security officer gives the person a direction under section 15, 17 or 18; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in controlled Museum premises; and\n    (b) a security officer gives the person a direction under section 19 or 20; and\n    (c) the person does not comply with the direction.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 22 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 23 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in any controlled Museum premises; and\n    (b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in any controlled Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, structure, vessel, wall or fence; or\n    (ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 24 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (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.\n\nPenalty: 5 penalty units.\n\n#### 25 Animals\n\n  (1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and\n    (b) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 26 Foods and liquids\n\n  (1) A person commits an offence if the person:\n    (a) brings food or liquid onto or into any controlled Museum premises; or\n    (b) consumes food or liquid on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or\n    (c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 28 Prohibited articles\n\n  (1) A person commits an offence if the person:\n    (a) brings a prohibited article onto or into any controlled Museum premises; or\n    (b) uses a prohibited article on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 29 Fishing from Museum premises\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) fishes from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 30 Launching or mooring vessels\n\n  A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 31 Swimming to or from Museum premises\n\n  A person commits an offence if the person:\n    (a) swims to any part of Museum premises; or\n    (b) swims from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n### Division 5—Defences\n\n#### 32 Defences\n\n  (1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member; or\n    (d) an officer or employee mentioned in section 41 of the Act; or\n    (e) a person engaged as a consultant under section 42 of the Act; or\n    (f) a person employed under contract with the Museum; or\n    (g) a person employed or engaged by a person mentioned in paragraph (f); or\n    (h) a volunteer engaged by the Museum to assist the Museum;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 6—Entry charges\n\n#### 33 Entry charges\n\n  (1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.\n  (2) This section does not prevent the Museum from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or\n    (b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.\n\n## Part 7—Delegations\n\n#### 34 Delegation of powers and functions\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:\n    (a) an SES employee or an acting SES employee; or\n    (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 8—Transitional provisions\n\n#### 35 Definitions\n\n  In this Part:\n\n> old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.\n\n#### 36 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.\n\n#### 37 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 3(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 3(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.\n\n#### 38 Director’s notices\n\n  A notice:\n    (a) issued by the authority of the Director under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.\n\n#### 39 Consent of Director\n\n  For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Security officers","content":"#### 13 Security officers\n\n  Appointment of security officers\n  (1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a staff member;\n    (b) an officer or employee mentioned in section 41 of the Act;\n    (c) a person engaged as a consultant under section 42 of the Act;\n    (d) a person employed under contract with the Museum;\n    (e) a person employed or engaged by a person mentioned in paragraph (d).\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Powers of security officers—prohibiting entry","content":"#### 14 Powers of security officers—prohibiting entry\n\n  (1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 16, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or\n    (d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Powers of security officers—directions to leave","content":"#### 15 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the security officer.\n  (3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Powers of security officers—apprehension","content":"#### 16 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Powers of security officers—vehicles and vessels","content":"#### 17 Powers of security officers—vehicles and vessels\n\n  (1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) not to park the vehicle on or in Museum premises; or\n    (c) not to park the vehicle in a specified place on or in Museum premises.\n  (2) A security officer may direct the person apparently in charge of a vessel:\n    (a) not to enter into a water area of Museum premises; or\n    (b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or\n    (c) to leave a water area of Museum premises.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Powers of security officers—possible prohibited articles","content":"#### 18 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Powers of security officers—taking photographs","content":"#### 19 Powers of security officers—taking photographs\n\n  A security officer may direct a person who is on or in controlled Museum premises:\n    (a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or\n    (b) not to take photographs of specified Museum material.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Powers of security officers—deletion and destruction of photographs","content":"#### 20 Powers of security officers—deletion and destruction of photographs\n\n  (1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:\n    (a) any direction by a security officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The security officer may direct the person to delete or destroy the photograph.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Powers of security officers—offence","content":"#### 21 Powers of security officers—offence\n\n  (1) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a security officer gives the person a direction under section 15, 17 or 18; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in controlled Museum premises; and\n    (b) a security officer gives the person a direction under section 19 or 20; and\n    (c) the person does not comply with the direction.\n\nPenalty for contravention of this subsection: 5 penalty units.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Director’s notices","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Australian National Maritime Museum Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the Australian National Maritime Museum Act 1990.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Museum;\n    (d) national maritime collection;\n    (e) vessel.\n  In this instrument:\n\n> Act means the Australian National Maritime Museum Act 1990.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.\n\n> controlled Museum premises means any of the following:\n\n    (a) any part of Museum premises that:\n    (i) is a building, structure or vessel, or a part of a building structure or vessel; and\n    (ii) is used to exhibit, develop, preserve, maintain or store Museum material;\n    (b) any part of Museum premises on or in which a notice is displayed that:\n    (i) is clearly visible to members of the public; and\n    (ii) has been authorised by the Director; and\n    (iii) states that that part of Museum premises is controlled Museum premises.\n\n> Director’s notice has the meaning given by subsection 22(1).\n\n> liquor has the meaning given by subsection 53(3) of the Act.\n\n> liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national maritime collection; and\n    (b) other material owned by, or under the control of, the Museum; and\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises has the meaning given by subsection 54(2) of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a person appointed under subsection 13(1) to be a security officer.\n\n> staff member means a member of the staff of the Museum.\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> water area of Museum premises means an area of water within the limits of Museum premises.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.\n\n#### 7 Value of maritime historical material\n\n  (1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.\n  (2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.\n\n## Part 4—Supply of liquor\n\n#### 8 Purposes of this Part\n\n  This Part is made for the purposes of subsection 53(1) of the Act.\n\n#### 9 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director may specify in the authorisation conditions to which it is subject.\n\n#### 10 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.\n\n#### 11 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 5—Conduct of persons on Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 12 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.\n\n### Division 2—Security officers\n\n#### 13 Security officers\n\n  Appointment of security officers\n  (1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a staff member;\n    (b) an officer or employee mentioned in section 41 of the Act;\n    (c) a person engaged as a consultant under section 42 of the Act;\n    (d) a person employed under contract with the Museum;\n    (e) a person employed or engaged by a person mentioned in paragraph (d).\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 14 Powers of security officers—prohibiting entry\n\n  (1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 16, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or\n    (d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.\n\n#### 15 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the security officer.\n  (3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 16 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 17 Powers of security officers—vehicles and vessels\n\n  (1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) not to park the vehicle on or in Museum premises; or\n    (c) not to park the vehicle in a specified place on or in Museum premises.\n  (2) A security officer may direct the person apparently in charge of a vessel:\n    (a) not to enter into a water area of Museum premises; or\n    (b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or\n    (c) to leave a water area of Museum premises.\n\n#### 18 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 19 Powers of security officers—taking photographs\n\n  A security officer may direct a person who is on or in controlled Museum premises:\n    (a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 20 Powers of security officers—deletion and destruction of photographs\n\n  (1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:\n    (a) any direction by a security officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The security officer may direct the person to delete or destroy the photograph.\n\n#### 21 Powers of security officers—offence\n\n  (1) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a security officer gives the person a direction under section 15, 17 or 18; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in controlled Museum premises; and\n    (b) a security officer gives the person a direction under section 19 or 20; and\n    (c) the person does not comply with the direction.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 22 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 23 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in any controlled Museum premises; and\n    (b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in any controlled Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, structure, vessel, wall or fence; or\n    (ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 24 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (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.\n\nPenalty: 5 penalty units.\n\n#### 25 Animals\n\n  (1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and\n    (b) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 26 Foods and liquids\n\n  (1) A person commits an offence if the person:\n    (a) brings food or liquid onto or into any controlled Museum premises; or\n    (b) consumes food or liquid on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or\n    (c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 28 Prohibited articles\n\n  (1) A person commits an offence if the person:\n    (a) brings a prohibited article onto or into any controlled Museum premises; or\n    (b) uses a prohibited article on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 29 Fishing from Museum premises\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) fishes from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 30 Launching or mooring vessels\n\n  A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 31 Swimming to or from Museum premises\n\n  A person commits an offence if the person:\n    (a) swims to any part of Museum premises; or\n    (b) swims from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n### Division 5—Defences\n\n#### 32 Defences\n\n  (1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member; or\n    (d) an officer or employee mentioned in section 41 of the Act; or\n    (e) a person engaged as a consultant under section 42 of the Act; or\n    (f) a person employed under contract with the Museum; or\n    (g) a person employed or engaged by a person mentioned in paragraph (f); or\n    (h) a volunteer engaged by the Museum to assist the Museum;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 6—Entry charges\n\n#### 33 Entry charges\n\n  (1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.\n  (2) This section does not prevent the Museum from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or\n    (b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.\n\n## Part 7—Delegations\n\n#### 34 Delegation of powers and functions\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:\n    (a) an SES employee or an acting SES employee; or\n    (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 8—Transitional provisions\n\n#### 35 Definitions\n\n  In this Part:\n\n> old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.\n\n#### 36 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.\n\n#### 37 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 3(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 3(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.\n\n#### 38 Director’s notices\n\n  A notice:\n    (a) issued by the authority of the Director under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.\n\n#### 39 Consent of Director\n\n  For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Director’s notices","content":"#### 22 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.","sortOrder":26},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Australian National Maritime Museum Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the Australian National Maritime Museum Act 1990.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Museum;\n    (d) national maritime collection;\n    (e) vessel.\n  In this instrument:\n\n> Act means the Australian National Maritime Museum Act 1990.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.\n\n> controlled Museum premises means any of the following:\n\n    (a) any part of Museum premises that:\n    (i) is a building, structure or vessel, or a part of a building structure or vessel; and\n    (ii) is used to exhibit, develop, preserve, maintain or store Museum material;\n    (b) any part of Museum premises on or in which a notice is displayed that:\n    (i) is clearly visible to members of the public; and\n    (ii) has been authorised by the Director; and\n    (iii) states that that part of Museum premises is controlled Museum premises.\n\n> Director’s notice has the meaning given by subsection 22(1).\n\n> liquor has the meaning given by subsection 53(3) of the Act.\n\n> liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national maritime collection; and\n    (b) other material owned by, or under the control of, the Museum; and\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises has the meaning given by subsection 54(2) of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a person appointed under subsection 13(1) to be a security officer.\n\n> staff member means a member of the staff of the Museum.\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> water area of Museum premises means an area of water within the limits of Museum premises.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.\n\n#### 7 Value of maritime historical material\n\n  (1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.\n  (2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.\n\n## Part 4—Supply of liquor\n\n#### 8 Purposes of this Part\n\n  This Part is made for the purposes of subsection 53(1) of the Act.\n\n#### 9 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director may specify in the authorisation conditions to which it is subject.\n\n#### 10 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.\n\n#### 11 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 5—Conduct of persons on Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 12 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.\n\n### Division 2—Security officers\n\n#### 13 Security officers\n\n  Appointment of security officers\n  (1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a staff member;\n    (b) an officer or employee mentioned in section 41 of the Act;\n    (c) a person engaged as a consultant under section 42 of the Act;\n    (d) a person employed under contract with the Museum;\n    (e) a person employed or engaged by a person mentioned in paragraph (d).\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 14 Powers of security officers—prohibiting entry\n\n  (1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 16, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or\n    (d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.\n\n#### 15 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the security officer.\n  (3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 16 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 17 Powers of security officers—vehicles and vessels\n\n  (1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) not to park the vehicle on or in Museum premises; or\n    (c) not to park the vehicle in a specified place on or in Museum premises.\n  (2) A security officer may direct the person apparently in charge of a vessel:\n    (a) not to enter into a water area of Museum premises; or\n    (b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or\n    (c) to leave a water area of Museum premises.\n\n#### 18 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 19 Powers of security officers—taking photographs\n\n  A security officer may direct a person who is on or in controlled Museum premises:\n    (a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 20 Powers of security officers—deletion and destruction of photographs\n\n  (1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:\n    (a) any direction by a security officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The security officer may direct the person to delete or destroy the photograph.\n\n#### 21 Powers of security officers—offence\n\n  (1) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a security officer gives the person a direction under section 15, 17 or 18; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in controlled Museum premises; and\n    (b) a security officer gives the person a direction under section 19 or 20; and\n    (c) the person does not comply with the direction.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 22 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 23 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in any controlled Museum premises; and\n    (b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in any controlled Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, structure, vessel, wall or fence; or\n    (ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 24 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (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.\n\nPenalty: 5 penalty units.\n\n#### 25 Animals\n\n  (1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and\n    (b) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 26 Foods and liquids\n\n  (1) A person commits an offence if the person:\n    (a) brings food or liquid onto or into any controlled Museum premises; or\n    (b) consumes food or liquid on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or\n    (c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 28 Prohibited articles\n\n  (1) A person commits an offence if the person:\n    (a) brings a prohibited article onto or into any controlled Museum premises; or\n    (b) uses a prohibited article on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 29 Fishing from Museum premises\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) fishes from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 30 Launching or mooring vessels\n\n  A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 31 Swimming to or from Museum premises\n\n  A person commits an offence if the person:\n    (a) swims to any part of Museum premises; or\n    (b) swims from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n### Division 5—Defences\n\n#### 32 Defences\n\n  (1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member; or\n    (d) an officer or employee mentioned in section 41 of the Act; or\n    (e) a person engaged as a consultant under section 42 of the Act; or\n    (f) a person employed under contract with the Museum; or\n    (g) a person employed or engaged by a person mentioned in paragraph (f); or\n    (h) a volunteer engaged by the Museum to assist the Museum;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 6—Entry charges\n\n#### 33 Entry charges\n\n  (1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.\n  (2) This section does not prevent the Museum from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or\n    (b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.\n\n## Part 7—Delegations\n\n#### 34 Delegation of powers and functions\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:\n    (a) an SES employee or an acting SES employee; or\n    (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 8—Transitional provisions\n\n#### 35 Definitions\n\n  In this Part:\n\n> old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.\n\n#### 36 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.\n\n#### 37 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 3(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 3(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.\n\n#### 38 Director’s notices\n\n  A notice:\n    (a) issued by the authority of the Director under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.\n\n#### 39 Consent of Director\n\n  For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Damaging Museum material and property","content":"#### 23 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in any controlled Museum premises; and\n    (b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in any controlled Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, structure, vessel, wall or fence; or\n    (ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Selling articles","content":"#### 24 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (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.\n\nPenalty: 5 penalty units.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Animals","content":"#### 25 Animals\n\n  (1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and\n    (b) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Foods and liquids","content":"#### 26 Foods and liquids\n\n  (1) A person commits an offence if the person:\n    (a) brings food or liquid onto or into any controlled Museum premises; or\n    (b) consumes food or liquid on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or\n    (c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Smoking","content":"#### 27 Smoking\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Prohibited articles","content":"#### 28 Prohibited articles\n\n  (1) A person commits an offence if the person:\n    (a) brings a prohibited article onto or into any controlled Museum premises; or\n    (b) uses a prohibited article on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Fishing from Museum premises","content":"#### 29 Fishing from Museum premises\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) fishes from any part of Museum premises.\n\nPenalty: 5 penalty units.","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Launching or mooring vessels","content":"#### 30 Launching or mooring vessels\n\n  A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.\n\nPenalty: 5 penalty units.","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Swimming to or from Museum premises","content":"#### 31 Swimming to or from Museum premises\n\n  A person commits an offence if the person:\n    (a) swims to any part of Museum premises; or\n    (b) swims from any part of Museum premises.\n\nPenalty: 5 penalty units.","sortOrder":36},{"sectionNumber":"Division 5","sectionType":"division","heading":"Defences","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Australian National Maritime Museum Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the Australian National Maritime Museum Act 1990.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Museum;\n    (d) national maritime collection;\n    (e) vessel.\n  In this instrument:\n\n> Act means the Australian National Maritime Museum Act 1990.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 9 to sell or supply liquor.\n\n> controlled Museum premises means any of the following:\n\n    (a) any part of Museum premises that:\n    (i) is a building, structure or vessel, or a part of a building structure or vessel; and\n    (ii) is used to exhibit, develop, preserve, maintain or store Museum material;\n    (b) any part of Museum premises on or in which a notice is displayed that:\n    (i) is clearly visible to members of the public; and\n    (ii) has been authorised by the Director; and\n    (iii) states that that part of Museum premises is controlled Museum premises.\n\n> Director’s notice has the meaning given by subsection 22(1).\n\n> liquor has the meaning given by subsection 53(3) of the Act.\n\n> liquor controlled premises means any land, building or vessel owned by, or under the control of, the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national maritime collection; and\n    (b) other material owned by, or under the control of, the Museum; and\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises has the meaning given by subsection 54(2) of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a person appointed under subsection 13(1) to be a security officer.\n\n> staff member means a member of the staff of the Museum.\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> water area of Museum premises means an area of water within the limits of Museum premises.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.\n\n#### 7 Value of maritime historical material\n\n  (1) For the purposes of subsection 47(3) of the Act, the value of maritime historical material is to be determined by one or more independent experts appointed, in writing, by the Director.\n  (2) The Director must not appoint a person under subsection (1) unless the Director is satisfied on reasonable grounds that the person has appropriate qualifications or expertise to determine the value of the maritime historical material.\n\n## Part 4—Supply of liquor\n\n#### 8 Purposes of this Part\n\n  This Part is made for the purposes of subsection 53(1) of the Act.\n\n#### 9 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director may specify in the authorisation conditions to which it is subject.\n\n#### 10 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 9(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 9(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises if the other person does not satisfy the first person of the other person’s age.\n\n#### 11 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on or in liquor controlled premises; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is liquor controlled premises; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 5—Conduct of persons on Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 12 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 54(1)(c), (e) and (f) of the Act.\n\n### Division 2—Security officers\n\n#### 13 Security officers\n\n  Appointment of security officers\n  (1) The Director may, in writing, appoint any of the following persons to be a security officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a staff member;\n    (b) an officer or employee mentioned in section 41 of the Act;\n    (c) a person engaged as a consultant under section 42 of the Act;\n    (d) a person employed under contract with the Museum;\n    (e) a person employed or engaged by a person mentioned in paragraph (d).\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 14 Powers of security officers—prohibiting entry\n\n  (1) A security officer may prohibit a person or a group of persons from entering Museum premises if the security officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 15, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 16, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Museum premises; or\n    (d) the conduct of the person or group on Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) A security officer may prohibit members of the public or staff members from entering Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Museum premises will be, or is likely to be, endangered for any reason.\n\n#### 15 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) If a security officer issues a direction to a person in accordance with paragraph (1)(c), the security officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the security officer.\n  (3) A security officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 16 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 17 Powers of security officers—vehicles and vessels\n\n  (1) A security officer may direct a person who is apparently in charge of a vehicle that is on or in Museum premises:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) not to park the vehicle on or in Museum premises; or\n    (c) not to park the vehicle in a specified place on or in Museum premises.\n  (2) A security officer may direct the person apparently in charge of a vessel:\n    (a) not to enter into a water area of Museum premises; or\n    (b) if the vessel is about to enter, or has entered, a water area of Museum premises made available by the Director for the purpose, to occupy a part of the area indicated by the security officer; or\n    (c) to leave a water area of Museum premises.\n\n#### 18 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 19 Powers of security officers—taking photographs\n\n  A security officer may direct a person who is on or in controlled Museum premises:\n    (a) not to take any photographs while on or in controlled Museum premises or any part of controlled Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 20 Powers of security officers—deletion and destruction of photographs\n\n  (1) This section applies if a security officer has reasonable grounds to believe that a person has taken a photograph on or in any controlled Museum premises, or any part of controlled Museum premises, in contravention of:\n    (a) any direction by a security officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The security officer may direct the person to delete or destroy the photograph.\n\n#### 21 Powers of security officers—offence\n\n  (1) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a security officer gives the person a direction under section 15, 17 or 18; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in controlled Museum premises; and\n    (b) a security officer gives the person a direction under section 19 or 20; and\n    (c) the person does not comply with the direction.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 22 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 23 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in any controlled Museum premises; and\n    (b) touches or interferes with material of a kind mentioned in paragraph (a) or (b) of the definition of Museum material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in any controlled Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, structure, vessel, wall or fence; or\n    (ii) writes on a building, structure, vessel, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, structure, vessel, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building, structure or vessel is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land or water that is Museum premises.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 24 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (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.\n\nPenalty: 5 penalty units.\n\n#### 25 Animals\n\n  (1) A person commits an offence if the person allows an animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain on or in any controlled Museum premises; and\n    (b) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 26 Foods and liquids\n\n  (1) A person commits an offence if the person:\n    (a) brings food or liquid onto or into any controlled Museum premises; or\n    (b) consumes food or liquid on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, any controlled Museum premises if the water is in a sealed container; or\n    (c) to bringing food or liquid onto or into any controlled Museum premises for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 28 Prohibited articles\n\n  (1) A person commits an offence if the person:\n    (a) brings a prohibited article onto or into any controlled Museum premises; or\n    (b) uses a prohibited article on or in any controlled Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into any controlled Museum premises if the person deposits the item, as soon as practicable, at the place on or in the controlled Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into any controlled Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 29 Fishing from Museum premises\n\n  A person commits an offence if the person:\n    (a) is on or in any Museum premises; and\n    (b) fishes from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 30 Launching or mooring vessels\n\n  A person commits an offence if the person launches a vessel from, or moors a vessel to, any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n#### 31 Swimming to or from Museum premises\n\n  A person commits an offence if the person:\n    (a) swims to any part of Museum premises; or\n    (b) swims from any part of Museum premises.\n\nPenalty: 5 penalty units.\n\n### Division 5—Defences\n\n#### 32 Defences\n\n  (1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member; or\n    (d) an officer or employee mentioned in section 41 of the Act; or\n    (e) a person engaged as a consultant under section 42 of the Act; or\n    (f) a person employed under contract with the Museum; or\n    (g) a person employed or engaged by a person mentioned in paragraph (f); or\n    (h) a volunteer engaged by the Museum to assist the Museum;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 6—Entry charges\n\n#### 33 Entry charges\n\n  (1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.\n  (2) This section does not prevent the Museum from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or\n    (b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.\n\n## Part 7—Delegations\n\n#### 34 Delegation of powers and functions\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:\n    (a) an SES employee or an acting SES employee; or\n    (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 8—Transitional provisions\n\n#### 35 Definitions\n\n  In this Part:\n\n> old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.\n\n#### 36 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.\n\n#### 37 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 3(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 3(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.\n\n#### 38 Director’s notices\n\n  A notice:\n    (a) issued by the authority of the Director under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.\n\n#### 39 Consent of Director\n\n  For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Defences","content":"#### 32 Defences\n\n  (1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member; or\n    (d) an officer or employee mentioned in section 41 of the Act; or\n    (e) a person engaged as a consultant under section 42 of the Act; or\n    (f) a person employed under contract with the Museum; or\n    (g) a person employed or engaged by a person mentioned in paragraph (f); or\n    (h) a volunteer engaged by the Museum to assist the Museum;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.","sortOrder":38},{"sectionNumber":"Part 6","sectionType":"part","heading":"Entry charges","content":"## Part 6—Entry charges","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Entry charges","content":"#### 33 Entry charges\n\n  (1) For the purposes of paragraph 54(1)(d) of the Act, no charge is fixed for entering any Museum premises.\n  (2) This section does not prevent the Museum from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(1)(r) of the Act; or\n    (b) services rendered by the Museum under paragraph 7(1)(u) of the Act, including parking on or in Museum premises.","sortOrder":40},{"sectionNumber":"Part 7","sectionType":"part","heading":"Delegations","content":"## Part 7—Delegations","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Delegation of powers and functions","content":"#### 34 Delegation of powers and functions\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to a staff member who is:\n    (a) an SES employee or an acting SES employee; or\n    (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.","sortOrder":42},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional provisions","content":"## Part 8—Transitional provisions","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Definitions","content":"#### 35 Definitions\n\n  In this Part:\n\n> old regulations means the Australian National Maritime Museum Regulations 1991, as in force immediately before the commencement of this section.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Authorisation to supply liquor","content":"#### 36 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 9 of this instrument.","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Security officers","content":"#### 37 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 3(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 13(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 3(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 13(2) of this instrument.","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Director’s notices","content":"#### 38 Director’s notices\n\n  A notice:\n    (a) issued by the authority of the Director under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 22(1) of this instrument.","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Consent of Director","content":"#### 39 Consent of Director\n\n  For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":48}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":497},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose: operational management of the National Maritime Museum. The 2018 version updates the 1991 regulations with modernised language and structure but does not expand beyond the core functions of managing premises, security, liquor licensing, and visitor conduct."},"complexity_factors":["Multiple overlapping defined terms ('Museum premises', 'controlled Museum premises', 'liquor controlled premises') with subtle distinctions","Extensive cross-referencing to the parent Act (Australian National Maritime Museum Act 1990)","Nested exceptions and defences throughout (e.g. food prohibitions with 5 specific exceptions)","Evidential burden notes referring to Criminal Code provisions","Transitional provisions preserving authorities from repealed 1991 regulations"],"plain_english_summary":"These regulations set operational rules for the Australian National Maritime Museum in Sydney, affecting staff, visitors, contractors, volunteers and vendors. They limit certain Museum financial transactions (to $2 million), require independent valuations of historical material, and let the Director authorise alcohol service while creating offences and penalties for unauthorised sales and supply to minors or intoxicated persons.\n\nThey also define security powers and behavioural rules—entry control, bag checks, bans on smoking, certain food/drink, large bags, animals, fishing, swimming, commercial sales/photography, and damage—with exemptions for staff and authorised persons."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The 2018 Regulations primarily restate and modernise the operational rules that sit under the Australian National Maritime Museum Act 1990 (appointment and powers of security officers, visitor conduct, liquor authorisation, entry charges, valuation and financial thresholds). Transitional provisions expressly carry over authorisations, appointments and notices made under the old 1991 Regulations (regs 36–38). The instrument updates procedural detail (for example, prescribing $2,000,000 for the financial threshold (reg 6), clarifying valuation procedures (reg 7), and listing specific conduct offences and exceptions) but does not materially expand the Museum’s statutory powers beyond those authorised by the Act. In short: it consolidates and clarifies regulatory detail rather than changing the primary scope of the Museum’s functions under the Act."},"complexity_factors":["Approximately 14 defined terms in the interpretation section (reg 5) and repeated cross‑references to definitions in the Act","Multiple cross‑references to the parent Act (Australian National Maritime Museum Act 1990) and to the Criminal Code (evidential burden references)","A set of mostly uniform offences with identical penalty levels (many at 5 penalty units) but different fault elements (strict liability for ID card return; recklessness/negligence for damage offences) — creating varied culpability standards","Directorial discretion in several places (authorisations for liquor, Director’s notices, appointment/delegation) combined with delegated-exercise rules (reg 34)","Exceptions and nested exclusions (foods/liquids exceptions, prohibited article exceptions, assistance animal exceptions) increase conditional logic","Operational powers for security officers (inspection, detention, photographing, deletion of photos, use of reasonable force) coupled with procedural requirements for custody transfers (regs 16, 19–20)","Transitional provisions preserving existing authorisations and notices from the old 1991 regulations (regs 36–38) which add continuity considerations","Repetition and structural duplication in the published text (same provisions repeated across Parts/Divisions) increases reading time and risk of locating the controlling version"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Names the rules that sit under the Australian National Maritime Museum Act 1990 and provides definitions used throughout (see reg 5).\n- Prescribes a financial threshold of $2,000,000 for specified Museum financial transactions under the Act (reg 6).\n- Specifies how the value of maritime historical material is to be determined (independent experts appointed by the Director) and requires the Director to be satisfied about the appraiser's qualifications (reg 7).\n- Authorises the Director to permit, in writing, the sale or supply of liquor on Museum land, buildings or vessels under the Museum's control, and to set location, hours and conditions for that authorisation (regs 8–9).\n- Creates criminal offences (mostly penalty 5 penalty units) for selling or supplying liquor without authorisation, selling adulterated liquor, supplying alcohol to intoxicated people or minors, and for minors attempting to buy liquor (regs 10–11).\n- Sets out powers for Museum-appointed security officers: to appoint trained persons as security officers and issue identity cards (reg 13); to prohibit entry, direct people to leave, apprehend persons (using reasonable force), and control vehicles and vessels on Museum premises (regs 14–17); to inspect or require deposit of suspected prohibited items (reg 18); to ban or restrict photography in specified (controlled) areas and to require deletion/destruction of photographs taken in breach of directions or Director’s notices (regs 19–20); and to enforce compliance with directions (reg 21).\n- Allows the Director, by legislative instrument, to publish Director's notices imposing particular prohibitions, conditions or restrictions on Museum premises or material; these notices must be displayed to be enforceable (reg 22).\n- Creates a set of conduct offences and prohibitions for people on Museum premises (mostly 5 penalty units): touching or damaging collection items, writing on or attaching things to Museum property, selling items without permission, bringing animals into controlled areas (with assistance animal and police exceptions), bringing or consuming food and liquids in controlled areas (limited medical, infant and designated-area exceptions), smoking, fishing, launching/mooring vessels, and swimming to/from Museum premises (regs 23–31, 23–31 repeated through the instrument).\n- Provides defences where the Director gave written consent to the conduct or where the actor is acting in the course of Museum duties (reg 32).\n- Confirms entry is generally free (no fixed charge) but allows charges for special exhibitions and Museum services (including parking) (reg 33).\n- Allows the Director to delegate powers under these regulations to senior staff (SES or EL2-equivalent) and requires delegates to follow Director directions (reg 34).\n- Carries over existing authorisations, appointments and Director notices made under the old 1991 regulations so they continue to have effect (transitional regs 36–38), and confirms written Director consent is a defence regardless of timing (reg 39).\n\nWho the rules affect\n\n- Visitors and the public who enter Museum premises (wide range of behavioural restrictions and offences: regs 23–31).  \n- Anyone who wants to sell or supply liquor on Museum-controlled land, vessels or buildings: they need written authorisation from the Director and must comply with any specified conditions (regs 9–11).  \n- Security officers appointed by the Director: the regulations set appointment criteria, identity card rules and enforcement powers (reg 13 and regs 14–21).  \n- Third parties who might carry prohibited articles (including cameras with associated equipment such as tripods or selfie sticks) into controlled areas (definition and regs 18, 28).  \n- Museum staff with delegation of authority: Director may delegate to senior public servants (reg 34).\n\nWhy it matters (practical consequences, incentives and trade-offs)\n\n- Authority and discretion: the Director holds significant discretion (authorising liquor sales, issuing Director’s notices, appointing security officers and delegating powers). That gives the Museum operational control over behaviour, commercial activity and security on its premises (regs 9, 13, 22, 34).\n- Compliance burden on visitors: the public faces a suite of prohibitions in controlled areas (no food/drink, no smoking, photography restrictions, no prohibited articles, animal restrictions, no fishing, no swimming to/from the site, etc.). Non-compliance carries criminal penalties (regs 23–31; penalties noted throughout). Exceptions exist (assistance animals, medical/infirm infant feeding, designated eating areas, non‑commercial camera use) but the Museum must display applicable Director’s notices and signage for restrictions to be enforceable (regs 22, 26, 25, 28).\n- Effects on private enterprise: sale of liquor or commercial sales on Museum premises are subject to Director authorisation and conditions (regs 9–11, 24). That concentrates the right to trade in the Museum’s hands and creates administrative barriers for outside vendors; authorised suppliers gain a concentrated commercial benefit but must comply with conditions and face penalties for breaches (reg 10(3)).\n- Risk and accountability trade-offs: the Director’s power to issue binding Director’s notices (by legislative instrument) and to set terms for authorised suppliers centralises control; that reduces ambiguity for enforcement but increases the importance of transparent administrative decision-making (reg 22). Delegations to senior staff are permitted but must follow Director directions (reg 34), creating a single point of policy control with limited statutory guidance in the regulations about criteria for exercise of discretion.\n- Enforcement practicalities: security officers have powers to detain, photograph, require personal details, inspect and require deletion of images, and use reasonable force for apprehension (regs 15–16, 19–20). These are operationally powerful tools but depend on training, internal procedures and coordination with police when custody transfers are required (reg 16(3)–(4)).\n- Evidential burdens and strict-liability elements: several provisions note that defendants bear evidential burdens for exceptions (references to Criminal Code s 13.3(3) in regs 10, 25, 26, 28 and elsewhere). There is also a strict liability offence about returning a security identity card within 14 days after ceasing to be a security officer (reg 13(5)). Those design choices affect the risks faced by defendants and the evidential strategy in prosecutions.\n\nNet effect in everyday terms\n\n- Visitors: need to follow posted Director’s notices and security directions; expect behavior constraints and possible inspection of items; most standard visits remain free but special events may charge (regs 22, 33).  \n- Businesses/contractors: if you want to sell liquor or trade on Museum grounds you must get written authorisation from the Director and meet conditions (regs 9–11).  \n- Museum management: has clear statutory tools to protect the collection and control premises, but exercises wide discretion and must manage delegation and enforcement carefully (regs 13–22, 34).  \n\nKey sections for quick reference: definitions (reg 5), financial threshold (reg 6), valuation (reg 7), liquor (regs 8–11), conduct and offences (regs 23–31), security officer powers (regs 13–21), Director's notices (reg 22), entry charges (reg 33), delegations (reg 34), transitional provisions (regs 36–39)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-national-maritime-museum-regulations-2018","history":"/api/acts/australian-national-maritime-museum-regulations-2018/history","analysis":"/api/acts/australian-national-maritime-museum-regulations-2018/analysis","conflicts":"/api/acts/australian-national-maritime-museum-regulations-2018/conflicts","importantCases":"/api/acts/australian-national-maritime-museum-regulations-2018/important-cases","documents":"/api/acts/australian-national-maritime-museum-regulations-2018/documents"}}