{"id":"history-trust-of-south-australia-act-1981","name":"History Trust of South Australia Act 1981","slug":"history-trust-of-south-australia-act-1981","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":91519,"registerId":"sa-history-trust-of-south-australia-act-1981-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"History Trust of South Australia Act 1981","content":"South Australia\nHistory Trust of South Australia Act 1981\nAn Act to establish the History Trust of South Australia; to define its powers and functions; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tInterpretation\n3\tOperation of certain other Acts preserved\nPart 2—History Trust of South Australia\nDivision 1—Establishment of Trust\n4\tEstablishment of Trust\nDivision 2—Membership, proceedings etc\n5\tComposition of Trust\n6\tConditions of membership\n7\tProceedings\n8\tValidity of acts\n9\tMinisterial control\nDivision 2A—Committees and delegation\n10\tCommittees\n11\tDelegation\nDivision 2B—Common seal and execution of documents\n12\tCommon seal and execution of documents\nDivision 3—Functions and powers of Trust\n13\tFunctions\n14\tPowers\nDivision 4—Staffing arrangements\n15\tStaffing arrangements\nDivision 5—Financial matters and annual reports\n16\tAnnual budget\n17\tAccounts and audit\n18\tAnnual report\nPart 3—Authorised officers\n19\tAppointment of authorised officers\n20\tPowers of authorised officers\n21\tHindering etc authorised officers\nPart 4—Official insignia\n22\tInterpretation\n23\tOfficial titles and logos\n24\tUnlawful use of official insignia\n25\tSeizure etc of goods marked with official insignia\nPart 5—Miscellaneous\n26\tGovernor may place Crown land under control of Trust\n27\tGifts etc\n28\tMinisterial delegation\n29\tApprovals by Treasurer\n30\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the History Trust of South Australia Act 1981.\n2—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nauthorised officer—see Part 3;\nemploying authority means the person designated by proclamation as being the employing authority for the purposes of this definition;\nmember means member of the Trust;\nmuseum means premises in which objects illustrative of, or relevant to, the history of the State are cared for and exhibited (whether or not the premises are devoted exclusively to the care or exhibition of such objects);\nobject includes a document, picture, specimen or artefact (but does not include an item as defined in the Heritage Places Act 1993 or the Aboriginal Heritage Act 1988);\noccupy, in relation to premises, means have, or be entitled to, possession or control of the premises;\nofficial insignia—see Part 4;\npremises of the Trust means premises owned or occupied by the Trust and includes premises being temporarily used by the Trust to conduct activities and events related to its functions under this Act during the course of such activities or events;\npromote, in relation to an event or activity, includes organise, commission, fund, support, market, advertise or act as project manager;\nTrust means the History Trust of South Australia established under this Act.\n\t(2)\tA proclamation made for the purposes of the definition of employing authority—\n\t(a)\tmay apply by reference to a specified person, or by reference to the person for the time being performing particular duties or holding or acting in a specified position; and\n\t(b)\tmay, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.\n3—Operation of certain other Acts preserved\nThis Act does not affect the operation of—\n\t(a)\tthe South Australian Museum Act 1976; or\n\t(b)\tthe Heritage Places Act 1993; or\n\t(c)\tthe Aboriginal Heritage Act 1988.\nPart 2—History Trust of South Australia\nDivision 1—Establishment of Trust\n4—Establishment of Trust\n\t(1)\tThe History Trust of South Australia is established.\n\t(2)\tThe Trust—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\tis an instrumentality of the Crown and holds its property on behalf of the Crown; and\n\t(e)\thas the functions and powers assigned or conferred under this or any other Act.\nDivision 2—Membership, proceedings etc\n5—Composition of Trust\n\t(1)\tThe Trust will consist of not more than 8 members appointed by the Governor.\n\t(2)\tAt least 2 members must be women and at least 2 must be men.\n\t(3)\tThe Governor will appoint 1 of the members to be the presiding member.\n\t(4)\tThe Governor may appoint a suitable person to be a deputy of a member and the deputy may perform or exercise the functions and powers of the member in the member's absence.\n6—Conditions of membership\n\t(1)\tA member will be appointed for a term not exceeding 3 years and on conditions determined by the Governor and specified in the instrument of appointment.\n\t(2)\tA member will, at the expiration of a term of appointment, be eligible for reappointment (subject to the qualification that a person cannot serve as a member for more than 9 consecutive years).\n\t(3)\tThe Governor may remove a member from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor failure or incapacity to carry out the duties of his or her office satisfactorily; or\n\t(c)\tfor contravention of a condition of his or her appointment; or\n\t(d)\tif serious irregularities have occurred in the conduct of the Trust's affairs or the Trust has failed to carry out its functions satisfactorily and its membership should, in the opinion of the Governor, be reconstituted for that reason.\n\t(4)\tThe office of a member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tis absent without leave of the presiding member of the Trust from 3 consecutive meetings of the Trust; or\n\t(f)\tis removed from office under subsection (3).\n\t(5)\tOn the office of a member becoming vacant, a person may be appointed in accordance with this Division to the vacant office.\n\t(6)\tA member is entitled to fees, allowances and expenses determined by the Governor.\n7—Proceedings\n\t(1)\tA quorum of the Trust consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tIn the absence of the presiding member from a meeting of the Trust, a member chosen by the members present at the meeting will preside.\n\t(3)\tA decision carried by a majority of the votes cast by members at a meeting is a decision of the Trust.\n\t(4)\tEach member present at a meeting of the Trust has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(5)\tA conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Trust at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Trust for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of the Trust becomes a valid decision of the Trust despite the fact that it is not voted on at a meeting of the Trust if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Trust; and\n\t(b)\ta majority of the members expresses concurrence in the proposed resolution by letter, fax or other written communication setting out the terms of the resolution.\n\t(7)\tThe Trust must meet at least 6 times in each year.\n\t(8)\tThe Trust must have accurate minutes kept of its proceedings.\n\t(9)\tSubject to this Act, the Trust may determine its own procedures.\n\t(10)\tSubject to the directions of the Trust and section 10, this section applies to a committee of the Trust in the same way as to the Trust.\n8—Validity of acts\nAn act or proceeding of the Trust or a committee of the Trust is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n9—Ministerial control\n\t(1)\tSubject to subsection (2), the Trust is subject to the general control and direction of the Minister.\n\t(2)\tNo Ministerial direction can be given—\n\t(a)\tas to the nature or content of—\n\t(i)\tTrust collections; or\n\t(ii)\tevents or activities conducted or promoted by the Trust; or\n\t(b)\tas to the manner in which the Trust is to deal with a testamentary or other gift; or\n\t(c)\tas to any advice or recommendation that the Trust makes or is required to make to the Minister.\nDivision 2A—Committees and delegation\n10—Committees\n\t(1)\tThe Trust may establish such committees (including advisory committees or subcommittees) as the Trust thinks fit.\n\t(2)\tThe membership and conditions of membership of a committee will be determined by the Trust and may, but need not, consist of, or include, members of the Trust.\n\t(3)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Trust; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n11—Delegation\n\t(1)\tThe Trust may delegate a function or power of the Trust under this Act (other than this power of delegation) to any person or committee or other body (including a person for the time being performing particular duties or holding or acting in a specified position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA delegate must not act pursuant to the delegation in any matter in which the delegate has a direct or indirect pecuniary or personal interest.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) to prove that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter.\n\t(6)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the Trust containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\nDivision 2B—Common seal and execution of documents\n12—Common seal and execution of documents\n\t(1)\tThe common seal of the Trust must not be affixed to a document except in pursuance of a decision of the Trust and the fixing of the seal must be attested by the signatures of 2 members of the Trust.\n\t(2)\tThe Trust may, by instrument under the common seal of the Trust, authorise a person or persons (whether nominated by name or by office or title) to execute documents on behalf of the Trust subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), the Trust may authorise 2 or more persons to execute documents jointly on behalf of the Trust.\n\t(4)\tA document is duly executed by the Trust if—\n\t(a)\tthe common seal of the Trust is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Trust by a person or persons in accordance with authority conferred under this section.\n\t(5)\tIf an apparently genuine document purports to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the common seal of the Trust was duly affixed to the document.\nDivision 3—Functions and powers of Trust\n13—Functions\nThe functions of the Trust are—\n\t(a)\tto carry out, or promote, research relevant to the history of the State; and\n\t(b)\tto accumulate and classify data on any subject of significance to the history of the State; and\n\t(c)\tto accumulate and care for objects of historical interest; and\n\t(d)\tto exhibit objects of historical or cultural interest; and\n\t(e)\tto maintain registers of objects of historical significance to the State; and\n\t(f)\tto manage and administer museums and other premises that are vested in, or placed under the care, control and management of the Trust; and\n\t(g)\tto accredit or otherwise to evaluate museums, and to advise the Minister on the operation of museums and on the allocation of funds or other forms of assistance that may be available for the promotion or development of museums; and\n\t(h)\tto disseminate, or encourage the dissemination of, information relevant to the history of the State; and\n\t(i)\tto encourage the conservation of objects of historical significance to the State; and\n\t(j)\tto advise the Minister on the conservation of objects in the ownership or possession of the Crown that are of historical significance to the State (and, as appropriate, to assume the management of such objects); and\n\t(k)\tto carry out any other functions assigned to the Trust under this or any other Act or by the Minister.\n14—Powers\n\t(1)\tThe Trust has, in addition to any other powers conferred on it under this or any other Act, all the powers of a natural person.\n\t(2)\tThe Trust may, for example, do any 1 or more of the following (subject to this Act):\n\t(a)\tengage agents, consultants or other contractors;\n\t(b)\tenter into other contracts, agreements or arrangements;\n\t(c)\tacquire, hold, take on hire, lend, exchange or dispose of objects, works or collections of historical or cultural interest;\n\t(d)\tacquire, hold, deal with or dispose of—\n\t(i)\tlicences; or\n\t(ii)\tintellectual property (including patents and copyright); or\n\t(iii)\tany other property (whether real or personal); or\n\t(iv)\tany interest in such property;\n\t(e)\taccept grants or obtain financial sponsorship from any person or body;\n\t(f)\tcarry on advertising and promotional activities;\n\t(g)\tconduct events and establish, operate, manage or make available venues and other facilities (including facilities for food and liquor) on premises of the Trust;\n\t(h)\tregulate and control admission to any venue for any events or activities conducted or promoted by the Trust, and charge and collect fees for admission to any such venue;\n\t(i)\tgrant for fee or other consideration advertising or sponsorship rights or other rights, licences or concessions in connection with events or activities conducted or promoted by the Trust;\n\t(j)\tpublish or produce books, programs, brochures, films, souvenirs, information and other things relating to events or activities conducted or promoted by the Trust;\n\t(k)\tsell or supply food and drink (including liquor), books, programs, brochures, films, souvenirs and other things in connection with events or activities conducted or promoted by the Trust;\n\t(l)\tgrant or dispose of rights to televise, broadcast or record any events or activities conducted or promoted by the Trust;\n\t(m)\trestrict, control and make charges for the use of official insignia;\n\t(n)\ttake out policies of insurance in its own right or on behalf of the State;\n\t(o)\tparticipate (whether as a member or otherwise) in, or otherwise be involved in the activities of, national or international organisations or associations involved in historical or cultural activities, or the promotion of such activities;\n\t(p)\tgive or contribute towards prizes in competitions designed to encourage activities of an historical or cultural nature within the State or make grants and give other assistance for such purposes;\n\t(q)\tenter into any partnership or joint venture arrangement;\n\t(r)\tform, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside of the State;\n\t(s)\tborrow money and obtain other forms of financial accommodation;\n\t(t)\tact as trustee on behalf of another person in connection with the performance of its functions under this Act.\n\t(3)\tHowever, the Trust must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(r) or (s).\n\t(4)\tThe Trust is not obliged to accept or keep material that is not, in its opinion, of sufficient historical, cultural or other interest to justify its collection or preservation under this Act.\n\t(5)\tThe Trust may exercise its powers within or outside of the State.\nDivision 4—Staffing arrangements\n15—Staffing arrangements\n\t(1)\tThe employing authority may employ staff to perform activities in connection with the operations or activities of the Trust.\n\t(2)\tThe terms and conditions of employment of a person under subsection (1) will be determined by the employing authority.\n\t(3)\tA person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009).\n\t(4)\tThe employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of a public sector agency specified by the employing authority (and the person must comply with that direction).\n\t(5)\tThe employing authority is, in acting under this section, subject to direction by the Minister.\n\t(6)\tHowever, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.\n\t(7)\tThe employing authority may delegate a power or function under this section.\n\t(8)\tA delegation under subsection (7)—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be made to a body or person (including a person for the time being holding or acting in a specified office or position); and\n\t(c)\tmay be unconditional or subject to conditions; and\n\t(d)\tmay, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and\n\t(e)\tdoes not derogate from the power of the employing authority to act personally in any matter; and\n\t(f)\tmay be revoked at any time by the employing authority.\n\t(9)\tA change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section.\n\t(10)\tThe Trust must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).\n\t(11)\tThe Trust does not have the power to employ any person.\n\t(12)\tThe Trust may, under an arrangement established by the Minister administering an administrative unit, make use of the services or staff of that administrative unit.\n\t(13)\tIn this section—\npublic sector agency has the same meaning as in the Public Sector Act 2009.\nDivision 5—Financial matters and annual reports\n16—Annual budget\n\t(1)\tThe Trust must, from time to time, prepare and submit to the Minister a budget for the next financial year or for some other period determined by the Minister.\n\t(2)\tThe budget must set out estimates of the Trust's receipts and expenditures for the period to which the budget relates.\n\t(3)\tThe budget must conform with any requirements of the Minister as to its form and the matters to be addressed by the budget.\n\t(4)\tThe Minister may approve a budget submitted under this section with or without modification.\n\t(5)\tSubject to subsection (6), the Trust must not, without the consent of the Minister, make an expenditure that is not provided for by a budget that has been approved by the Minister under this section.\n\t(6)\tThe Trust is not required to have the approval of the Minister with respect to the expenditure of money received by the Trust by way of a testamentary or other gift.\n17—Accounts and audit\n\t(1)\tThe Trust must cause proper accounting records to be kept in relation to the financial affairs of the Trust, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe accounting records and the statements of account must comply with—\n\t(a)\tany instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987; and\n\t(b)\tany further requirements imposed by the Auditor‑General.\n\t(3)\tThe Auditor‑General may at any time audit the accounts of the Trust and must audit the annual statements of account.\n18—Annual report\n\t(1)\tThe Trust must, on or before 30 September in every year, forward to the Minister a report on the work and operations of the Trust for the preceding financial year.\n\t(2)\tThe report must contain the audited statements of account of the Trust for the preceding financial year.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\nPart 3—Authorised officers\n19—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tEach police officer is an authorised officer for the purposes of this Act.\n\t(3)\tAn appointment under subsection (1) may be made subject to conditions or limitations specified in the instrument of appointment (and the exercise by an authorised officer of powers conferred under this Act is subject to the conditions and limitations (if any) specified in his or her instrument of appointment).\n\t(4)\tAn authorised officer other than a police officer must be issued with an identity card—\n\t(a)\tcontaining the person’s name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act; and\n\t(c)\tstating any conditions or limitations on the authorised officer’s authority.\n\t(5)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for inspection by the person—\n\t(a)\tin the case of an authorised officer appointed under subsection (1)—his or her identity card; and\n\t(b)\tin the case of an authorised officer who is a police officer and is not in uniform—his or her certificate of authority.\n\t(6)\tIf a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must immediately return the identity card to the Minister.\nMaximum penalty: $250.\n20—Powers of authorised officers\n\t(1)\tIf an authorised officer reasonably suspects that a person, while on premises of the Trust, has committed, is committing or is about to commit an offence against this or any other Act, the authorised officer may do any 1 or more of the following:\n\t(a)\trequire the person to state his or her full name and usual place of residence;\n\t(b)\tif the authorised officer suspects on reasonable grounds that the name or place of residence stated is false—require the person to produce evidence of his or her full name or usual place of residence;\n\t(c)\trequire the person to leave those premises immediately and not to return for a stated period (not exceeding 24 hours) or not to enter those premises;\n\t(d)\tif the person refuses or fails to comply with a requirement under paragraph (c)—use such force as is reasonably necessary for the purpose of removing or excluding the person from those premises;\n\t(e)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(2)\tAn authorised officer may also—\n\t(a)\trequire a person to surrender any object, substance or thing that the authorised officer reasonably suspects has been, is being, or is about to be, used at premises of the Trust in contravention of this Act; and\n\t(b)\tgive such directions to persons at premises of the Trust that the authorised officer considers necessary for—\n\t(i)\tthe maintenance of good order, the prevention of interference with events or other activities, or the safe and efficient regulation of vehicular or pedestrian traffic, at those premises; or\n\t(ii)\tthe protection of property under the care or control of the Trust; and\n\t(c)\tuse such force as may reasonably be required—\n\t(i)\tfor the purpose of removing or excluding from premises of the Trust a person who refuses or fails to comply with a requirement or direction under this section; or\n\t(ii)\tfor the purposes of seizing goods under section 25; and\n\t(d)\texercise any other prescribed power.\n\t(3)\tAn authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances.\n\t(4)\tFor the purposes of this section, a reference to premises of the Trust includes a reference to a part of those premises.\n21—Hindering etc authorised officers\n\t(1)\tA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tproduces a document that he or she knows, or ought to know, is false or misleading in a material particular; or\n\t(d)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or\n\t(e)\tuses abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or\n\t(f)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $2 500.\n\t(2)\tA person is not obliged to answer a question or to produce a document as required under this Act if to do so might tend to incriminate the person or make the person liable to a penalty.\nPart 4—Official insignia\n22—Interpretation\n\t(1)\tIn this Part—\nofficial insignia means—\n\t(a)\tan official title (declared under section 23); or\n\t(b)\ta logo (declared under section 23); or\n\t(c)\ta combination of the above.\n\t(2)\tFor the purposes of this Part, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with—\n\t(a)\tthe goods; or\n\t(b)\tany covering or container in which the goods are wholly or partly enclosed; or\n\t(c)\tanything placed in or attached to any such covering or container; or\n\t(d)\tanything that is attached to the goods or around which the goods are wrapped or wound.\n23—Official titles and logos\n\t(1)\tThe following are declared to be official titles:\n\t(a)\tHistory Trust of South Australia;\n\t(b)\tHistory SA.\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare some other name under which the Trust may conduct its operations or part of its operations to be an official title; or\n\t(b)\tdeclare a name or a title of an event or activity conducted or promoted by the Trust to be an official title; or\n\t(c)\tdeclare a logo (being a design, the copyright of which is vested in the Crown in right of the State) to be a logo in respect of the Trust or a particular event or activity conducted or promoted by the Trust.\n\t(3)\tHowever, the Minister must not make a declaration under subsection (2) in relation to a name or title that is registered or otherwise protected under another Act unless the Minister is acting with the consent or agreement of the person who has the benefit of the registration or protection.\n\t(4)\tAn official title declared under this section is not required to be registered or otherwise protected under any other Act.\n\t(5)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n24—Unlawful use of official insignia\n\t(1)\tThe Trust has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the Trust, in the course of a trade or business—\n\t(a)\tuse a name in which the Trust has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or\n\t(b)\tsell goods marked with official insignia; or\n\t(c)\tuse official insignia for the purpose of promoting the sale of goods or services.\nMaximum penalty: $20 000.\n\t(3)\tA person must not, without the consent of the Trust, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $20 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the Trust); and\n\t(b)\tmay be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and\n\t(c)\tmay be revoked by the Trust for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the Trust, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the Trust, order the convicted person to pay compensation of an amount fixed by the court to the Trust.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Trust apart from those subsections.\n25—Seizure etc of goods marked with official insignia\n\t(1)\tIf—\n\t(a)\tgoods apparently intended for a commercial purpose are marked with official insignia; and\n\t(b)\tan authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Trust,\nthe authorised officer may seize those goods.\n\t(2)\tIf goods have been seized under this section and—\n\t(a)\tproceedings are not instituted for an offence against section 24(2) in relation to the goods within 3 months of their seizure; or\n\t(b)\tafter proceedings have been instituted and completed, the defendant is not convicted,\nthe person from whom they were seized is entitled to recover—\n\t(c)\tthe goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and\n\t(d)\tcompensation for any loss suffered by reason of the seizure of the goods.\n\t(3)\tAn action for the payment of compensation under subsection (2) may be brought against the Trust in any court of competent jurisdiction.\n\t(4)\tThe court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.\n\t(5)\tAny goods forfeited to the Crown must be disposed of in such manner as the Minister may direct and, if sold, the proceeds of the sale paid into the Consolidated Account.\nPart 5—Miscellaneous\n26—Governor may place Crown land under control of Trust\n\t(1)\tIf, in the opinion of the Governor—\n\t(a)\tpremises on Crown land are of historical significance to the State; or\n\t(b)\tit would be otherwise expedient to place Crown land under the care, control and management of the Trust,\nthe Governor may place that land under the care, control and management of the Trust.\n\t(2)\tLand placed under the care, control and management of the Trust under this section must be administered by the Trust in accordance with this Act.\n27—Gifts etc\n\t(1)\tThe Trust may accept—\n\t(a)\tgrants, conveyances, transfers and leases of land from the Crown, an instrumentality of the Crown or any other person or body; and\n\t(b)\trights to the use, control, management or occupation of any land; and\n\t(c)\tgifts of personal property of any kind to be used or applied by it for the purposes of this Act.\n\t(2)\tDespite the Stamp Duties Act 1923, no stamp duty is payable on any instrument by which land or any interest in or right over land is granted or assured to or vested in the Trust or on any contract or instrument executed by the Trust for the purpose of disposing of any property.\n28—Ministerial delegation\n\t(1)\tThe Minister may delegate a function or power of the Minister under this Act (other than this power of delegation) to any person (including a person for the time being performing particular duties or holding or acting in a specified position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the Minister containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n29—Approvals by Treasurer\n\t(1)\tAn approval given by the Treasurer under this Act may be—\n\t(a)\tspecific or general; and\n\t(b)\tconditional or unconditional.\n\t(2)\tAn approval given by the Treasurer may be varied or revoked by the Treasurer at any time.\n30—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for the use, care and protection of objects, works, collections or any other property under the care or control of the Trust; and\n\t(b)\trequire notification by persons to the Trust of the sale, disposal or destruction of objects listed on a register maintained by the Trust; and\n\t(c)\tprovide for the admission, exclusion or expulsion of members of the public to or from premises of the Trust or a part of those premises; and\n\t(d)\tprohibit disorderly or offensive behaviour on premises of the Trust; and\n\t(e)\tprohibit or regulate eating, drinking (including liquor), smoking or the consumption of unlawful substances on premises of the Trust or a part of those premises; and\n\t(f)\tprohibit or regulate any other conduct or activities for the purposes of—\n\t(i)\tmaintaining good order, and preventing interference with events or activities conducted, on premises of the Trust; and\n\t(ii)\tprotecting property under the care or control of the Trust; and\n\t(g)\tprohibit or regulate the driving, parking or standing of vehicles on premises of the Trust; and\n\t(h)\tprescribe fees for the parking of vehicles on premises of the Trust and provide for their payment and recovery; and\n\t(i)\tprovide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offence; and\n\t(j)\tprovide for the management (including disposal) by, and vesting in, the Trust of unclaimed property; and\n\t(k)\tprovide for the approval by the Trust or an authorised officer of any act or activity that would otherwise be prohibited under the regulations; and\n\t(l)\tprescribe penalties not exceeding $1 250 for breach of any regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Trust or another prescribed person or authority.\n\t(4)\tIn proceedings for an offence against a regulation dealing with the driving, parking or standing of vehicles—\n\t(a)\tan allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and\n\t(b)\tif it is proved that a vehicle was parked in contravention of a regulation, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe History Trust of South Australia Act 1981 repealed the following:\nConstitutional Museum Act 1978\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1981\n36\nHistory Trust of South Australia Act 1981\n19.3.1981\n26.3.1981 (Gazette 26.3.1981 p796)\n1995\n61\nHistory Trust of South Australia (Leasing of Property) Amendment Act 1995\n10.8.1995\n10.8.1995\n1999\n33\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 27)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 as the transfer date for the purposes of that Act: s 2(2)\n2000\n47\nHistory Trust of South Australia (Old Parliament House) Amendment Act 2000\n13.7.2000\n14.9.2000 (Gazette 7.9.2000 p1637)\n2005\n39\nHeritage (Heritage Directions) Amendment Act 2005\n14.7.2005\nSch 1 (cl 9)—17.11.2005 (Gazette 17.11.2005 p3972)\n2006\n41\nStatutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 13 (ss 59 & 60)—1.4.2007 (Gazette 29.3.2007 p930)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 78 (ss 186—188)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n19\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010\n28.10.2010\nPt 6 (ss 40—47) & Sch 1 (Pt 9 cll 6 & 17)—12.5.2011 (Gazette 12.5.2011 p1460)\n2023\n23\nStatutes Amendment (Education, Training and Skills Portfolio) Act 2023\n13.7.2023\nPt 4 (s 6)—1.9.2023 (Gazette 31.8.2023 p3131)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 47/2000 s 3\n14.9.2000\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n17.11.2005\n\ninserted by 19/2010 s 40\n12.5.2011\ns 2(1)\n\n\npremises of the Trust\namended by 23/2023 s 6\n1.9.2023\ns 3\ndeleted by 47/2000 s 4\n14.9.2000\ns 3\ns 6 amended and redesignated as s 3 by 19/2010 s 41(1), (2)\n12.5.2011\ns 4 before deletion by 19/2010\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 41/2006 s 59(2)\n1.4.2007\nemploying authority\ninserted by 41/2006 s 59(1)\n1.4.2007\nthe constitutional museum\ndeleted by 47/2000 s 5\n14.9.2000\ns 4(2)\ninserted by 41/2006 s 59(2)\n1.4.2007\ns 4\ndeleted by 19/2010 s 40\n12.5.2011\ns 5\ndeleted by 47/2000 s 6\n14.9.2000\ns 6—see s 3\n\n\nPt 2\n\n\nheading\nsubstituted by 19/2010 s 42\n12.5.2011\nPt 2 Div 1 before substitution by 19/2010\n\n\ns 10\ndeleted by 84/2009 s 186\n1.2.2010\ns 13\n\n\ns 13(2)\ndeleted by 84/2009 s 187\n1.2.2010\nPt 2 Div 1\nsubstituted by 19/2010 s 43\n12.5.2011\nPt 2 Div 2 before substitution by 19/2010\n\n\ns 14\n\n\ns 14(1)\namended by 39/2005 Sch 1 cl 9\n17.11.2005\nPt 2 Div 2\nsubstituted by 19/2010 s 43\n12.5.2011\nPt 2 Div 2A\ninserted by 19/2010 s 43\n12.5.2011\nPt 2 Div 2B\ninserted by 19/2010 s 43\n12.5.2011\nPt 2 Div 3 before substitution by 19/2010\nheading amended by 47/2000 s 7\n14.9.2000\ns 15\n\n\ns 15(1)\ndeleted by 47/2000 s 8(a)\n14.9.2000\ns 15(4)\ninserted by 61/1995 s 2\n10.8.1995\n\ndeleted by 47/2000 s 8(b)\n14.9.2000\nPt 2 Div 3\nsubstituted by 19/2010 s 43\n12.5.2011\nPt 2 Div 4\n\n\nheading\nsubstituted by 19/2010 s 44\n12.5.2011\ns 15\ns 16 substituted by 41/2006 s 60\n1.4.2007\n\ns 16 redesignated as s 15 by 19/2010 s 45\n12.5.2011\ns 15(3)\ns 16(3) amended by 84/2009 s 188\n1.2.2010\ns 15(13)\n\n\npublic sector agency\namended by 84/2009 s 188\n1.2.2010\ns 16—see s 15\n\n\nPt 2 Div 5 before substitution by 19/2010\n\n\ns 17\n\n\ns 17(1)\namended by 33/1999 Sch (item 27(a))\n1.7.1999\ns 17(2)\namended by 33/1999 Sch (item 27(b))\n1.7.1999\nPt 2 Div 5\nsubstituted by 19/2010 s 46\n12.5.2011\nPt 3\nsubstituted by 19/2010 s 47\n12.5.2011\nPt 4\ninserted by 19/2010 s 47\n12.5.2011\nPt 5\ninserted by 19/2010 s 47\n12.5.2011\nTransitional etc provisions associated with Act or amendments\nHistory Trust of South Australia (Old Parliament House) Amendment Act 2000\n9—Transitional provision\n\t(1)\tThe Governor may, by proclamation, vest any rights or liabilities of the History Trust of South Australia relating to the premises known as Old Parliament House (or relating to the land appurtenant to those premises) in—\n\t(a)\ta Minister; or\n\t(b)\twith the concurrence of the Joint Parliamentary Service Committee—the Joint Parliamentary Service Committee,\n(and any such vesting will operate by force of this section and despite the provisions of any other law or instrument).\n\t(2)\tA proclamation under subsection (1) may make other provisions that in the opinion of the Governor are necessary or expedient in connection with the vesting of rights or liabilities.\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nNote—\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);\n\t(b)\ta person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;\n\t(c)\ta person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;\n\t(d)\ta person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.\n\t(3)\tSubject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and\n\t(b)\tthe Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tthe Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.\n3—Superannuation\n\t(1)\tIf a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(b)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).\n4—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(2)\tA notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(3)\tA notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(4)\tA notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.\n\t(5)\tThe fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions\n6—Membership of History Trust of South Australia\n\t(1)\tIn this clause—\nprincipal Act means the History Trust of South Australia Act 1981.\n\t(2)\tA member of the History Trust of South Australia (within the meaning of the principal Act) holding office immediately before the commencement of this clause, will, on that commencement, continue in office—\n\t(a)\tfor the balance of that term of office; and\n\t(b)\ton such other conditions as if the principal Act as amended by Part 6 of this Act had been in force when he or she was appointed or last re‑appointed a member of the Trust and that appointment had been made under the principal Act as so amended.\n\t(3)\tA member continues in office by virtue of subclause (2) despite the fact that, for some or all of the duration of the balance of that term of office, 1 or more provisions of section 5 of the principal Act as amended by Part 6 of this Act (relating to the composition of the Trust) may not be complied with and, in that case, those provisions will not apply for that duration.\n17—Authorised officers under History Trust of South Australia Regulations 2010\nA person appointed and holding office as an authorised officer under the History Trust of South Australia Regulations 2010 immediately before the commencement of this Division will be taken to be an authorised officer appointed under Part 3 of the History Trust of South Australia Act 1981 as inserted by Part 6 of this Act and subject to the same conditions and limitations (if any).\nHistorical versions\nReprint No 1—10.8.1995\n\nReprint No 2—1.7.1999\n\nReprint No 3—14.9.2000\n\n17.11.2005\n\n1.4.2007\n\n1.2.2010\n\n12.5.2011\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond a simple statutory vehicle for preserving historical material into a framework that combines curatorial functions with explicit commercial powers and formal intellectual‑property style protections. Key scope changes across amendments include:\n\n- Stronger commercial and venue powers (ability to operate facilities including food and liquor, sell retail items, grant sponsorship and broadcast rights) now spelled out in the Trust's powers (s 14(2)(g)–(m)); these broadened commercial activities were clarified/expanded by subsequent amendments (notably 2000, 2005, 2010 amendments reflected in s 14). \n- Formal protection and enforcement mechanisms for official titles and logos (Part 4: ss 22–25) giving the Trust proprietary rights over insignia and seizure/remedy powers—this is an added brand‑protection regime beyond core collection duties. \n- Changes to staffing and employment arrangements: insertion of an employing authority model and integration with public sector employment frameworks (s 15; amendments in 2006 and later), shifting how staff are employed and who holds employment liability. \n- Increased administrative oversight and public‑sector accountability: clear budget approval, auditing and reporting requirements (ss 16–18) and Treasurer approvals for certain financial transactions (s 14(3)). \n\nCollectively, these amendments have materially broadened the Trust’s operational remit and financial tools since the original 1981 enactment: from a museum/collection body to an entity authorised to operate commercially, protect its brand, and sit within a prescribed public‑sector employment and financial governance framework."},"complexity_factors":["About 30 substantive sections plus Preliminary and Parts—moderate length","Multiple defined terms in interpretation (s 2) with cross‑references to Parts (eg, authorised officer, premises of the Trust)","Delegation provisions for Trust and Minister (ss 11, 28) permitting nested delegations and conditional instruments","Several cross‑references to other Acts and external controls (Public Sector Act 2009; Public Finance and Audit Act 1987; Auditor‑General; Treasurer approvals)","Distinct enforcement mechanisms: criminal offences with fines/imprisonment, civil remedies (injunctions/compensation), and administrative seizure (ss 11(4)–(5); 21; 24–25)","Multiple conditional constraints and exceptions (eg, ministerial control limited by s 9(2); Treasurer approval required for specified financial powers s 14(3); budget exceptions for testamentary gifts s 16(6))","Regulations power with broad subject matter and delegated discretions (s 30)","Transitional and amendment history has altered structure and inserted Parts over time (2010, 2006, 2000, etc.), increasing interpretive complexity"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes the History Trust of South Australia as a statutory corporation with a corporate name, a common seal and perpetual succession (s 4).\n- Sets how the Trust is governed: up to eight Governor‑appointed members with gender minimums, terms, vacancy and removal rules, meeting procedures and quorum rules (ss 5–7, 8). The Governor appoints the presiding member (s 5(3)).\n- Lists the Trust’s functions: research, collecting and caring for historical objects, exhibiting and registering objects, running and accrediting museums, advising the Minister, disseminating information, and any other functions given by law or the Minister (s 13).\n- Gives the Trust broad commercial and legal powers (s 14), including entering contracts, accepting grants, conducting events, selling publications and souvenirs, operating venues (including food and liquor), regulating admission and charging fees, licensing official insignia, borrowing money and entering joint ventures—subject to Treasurer approval for certain financial actions (s 14(3)).\n- Provides staffing arrangements where an “employing authority” (designated by proclamation) employs staff who work for the Trust; employment terms are set by that employing authority and staff are taken to be employed by or on behalf of the Crown (s 15).\n- Requires the Trust to prepare budgets for Minister approval (s 16), keep proper accounts and be audited by the Auditor‑General (s 17), and to deliver an annual report including audited accounts to the Minister for tabling in Parliament (s 18).\n- Creates authorised‑officer powers for Trust appointees (and police officers) to preserve order, exclude people, seize goods marked with the Trust’s insignia and enforce regulations on Trust premises (Part 3: ss 19–21; s 25).\n- Declares official titles and logos (e.g. “History Trust of South Australia”, “History SA”) and gives the Trust a proprietary interest in those insignia; makes unauthorised commercial use an offence with civil remedies and seizure powers (Part 4: ss 22–25).\n- Allows the Governor to place Crown land under the Trust’s care and the Trust to accept gifts, leases and transfers of land or property (ss 26–27).\n- Enables delegation (by the Trust and by the Minister), Treasurer approvals, and regulations to manage detailed matters like conduct on Trust premises, parking, fees and penalties (ss 11, 28–30).\n\n**Who it affects**\n\n- The Trust itself and its appointed members (ss 4–7).\n- The employing authority and Trust staff (s 15).\n- Museums, collectors and donors whose objects may be acquired, accessioned or managed by the Trust (ss 13, 27).\n- Visitors to Trust premises and people who run events or businesses that interact with Trust activities (ss 14, 20, 30).\n- Commercial operators or traders who want to use the Trust’s official titles or logos for sale or promotion (ss 23–25).\n- The Minister and the Treasurer, who exercise budgetary, appointment and approval roles (ss 9, 14(3), 16, 29).\n\n**Why it matters (stated purpose, then practical implications and trade‑offs)**\n\nStated purpose: the Act sets up a body to preserve, research and promote the State’s history and to run museums and related activities (s 4, s 13).\n\nPractical implications, incentives and trade‑offs:\n\n- Funding and financial incentives: the Trust must prepare budgets and obtain Ministerial approval for spending (s 16). At the same time it is empowered to raise revenue through fees, events, sponsorship, retail sales and venue hire (s 14(2)(e)–(m)). That creates an incentive for the Trust to pursue commercial activities alongside its curatorial duties (s 14). The Treasurer’s approval is required before the Trust can borrow or hold substantial interests in corporations, limiting unregulated financial risk (s 14(3)).\n\n- Who pays: public money funds the Trust in part (Minister approval of budgets, auditing by Auditor‑General) (ss 16–17). The Trust can also generate its own income from admissions, retail, sponsorship and licensing (s 14(2)(h)–(m); s 24(4)). Donations and testamentary gifts are excluded from some budget approval limits (s 16(6)).\n\n- Behavioural controls and discretion: the Minister has general control but cannot direct the Trust about the content of collections or events, or how to deal with gifts, nor can the Minister control the Trust’s professional recommendations to the Minister (s 9(1)–(2)). However, the Minister influences staffing (the employing authority acts subject to Ministerial direction—s 15(5)) and has influence through budget approval (s 16). This combination places technical curatorial independence alongside administrative and financial oversight.\n\n- Effects on private enterprise and competition: the Trust is allowed to run commercial activities (venues, food and liquor, retail, broadcasting rights), which may place it in competition with private event venues and retail operators (s 14(2)(g)–(m)). Private businesses seeking to use the Trust’s official titles or logos for commercial benefit must obtain the Trust’s consent and may face penalties or seizure for unauthorised use (s 24; s 25), creating both protection for the Trust’s brand and a compliance cost for businesses.\n\n- Compliance and enforcement burden: authorised officers have powers to remove persons, seize goods and require identifying information on Trust premises (ss 20–21, 25). There are criminal penalties for obstructing authorised officers and for unauthorised commercial use of insignia (ss 21; 24). Businesses and individuals who trade using Trust insignia face the risk of seizure and prosecution unless they obtain consent (s 25). Civil remedies (injunctions, compensation) are additionally available to the Trust (s 24(5)–(6)).\n\n- Concentrated benefits and diffuse costs: the Act concentrates authority and protection (brand and property rights, ability to run revenue‑generating activities) in the Trust and its members, while the costs (e.g. restrictions on use of insignia, competition for venue and retail markets) are spread across a wider set of private operators.\n\n- Implementation risk and administrative complexity: the Trust’s powers to delegate (s 11), to set committees, and to authorise officers require internal policies and record‑keeping (minutes, keeping instruments of delegation) to avoid legal challenge and to show proper exercise of powers (ss 7(8); 11(2)(a); 12(5)). Budget and audit requirements create predictable public‑sector accountability obligations (ss 16–18).\n\n**Who decides and who pays (plain declarative sentences)**\n\n- The Governor appoints members and may designate the employing authority (ss 5; s 2(2) regarding proclamations designating employing authority). \n- The Minister exercises general control and approves budgets and may delegate Ministerial powers (ss 9; 16; 28). \n- The Treasurer must approve specified financial actions (s 14(3); s 29). \n- The employing authority employs staff and sets their terms; the Trust cannot itself employ (s 15(1), (11)). \n- The Crown (through parliamentary appropriation and grants) is the primary payer for public funding; the Trust generates additional revenue through fees, commercial activities and donations (ss 16; 14(2)(e)–(m); 27)."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not available for analysis. No content was retrieved beyond a website error page."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Act establishes the History Trust of South Australia to oversee the state’s public history: managing museums, collections and heritage sites (for example the Migration Museum and related South Australian Museum heritage functions). It governs the operation and stewardship of those assets and thus affects South Australian residents who use them, Trust staff and board members, and institutions whose collections are managed by the Trust."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1981 purpose. Originally established simply to create the History Trust, the Act has been repeatedly amended to add: (1) detailed governance structures (Divisions 2A and 2B on committees and common seal added in 2010); (2) intellectual property protection for official insignia (Part 4 added in 2010); (3) authorised officer powers akin to security/police functions (Part 3 added in 2010); (4) complex employment arrangements involving a separate 'employing authority' (2006 and 2009 amendments); and (5) specific provisions for Old Parliament House (2000 amendment). The 2010 amendments in particular transformed this from a simple establishment Act into a comprehensive governance and enforcement framework."},"complexity_factors":["Moderate length (30 sections plus extensive legislative history)","Multiple divisions and sub-divisions creating structural layering","Cross-references to other Acts including Public Sector Act 2009, Public Finance and Audit Act 1987, Heritage Places Act 1993, and Aboriginal Heritage Act 1988","Conditional logic in delegation provisions (sections 11, 15, 28) with specific formal requirements","Employment arrangements are particularly complex — staff are employed by a separate 'employing authority' designated by proclamation, not by the Trust itself, creating a triangulated employment structure","Preservation clauses ensuring other heritage legislation continues to operate alongside this Act","Extensive transitional provisions in the legislative history (though these are historical amendments rather than current operative complexity)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **History Trust of South Australia** — a government body that looks after the state's history. Think of it as the official keeper of South Australia's stories, objects, and museums.\n\n**Who it affects:**\n- **The general public** — anyone visiting museums or historical sites run by the Trust\n- **History enthusiasts and researchers** — the Trust funds research and maintains historical registers\n- **Museum operators** — the Trust accredits museums and advises on funding\n- **Staff** — people employed by the Trust (though technically employed by the Crown, not directly by the Trust itself)\n- **Businesses** — those who might want to use the Trust's official logos or names (\"History Trust of South Australia\" or \"History SA\")\n\n**Key things the Trust can do:**\n- Run museums and care for historical objects\n- Fund historical research and events\n- Protect its brand — it owns the rights to its name and logos, and can stop others from using them commercially without permission\n- Appoint \"authorised officers\" (security staff) who can ask people to leave premises, check IDs, and seize counterfeit goods bearing the Trust's logo\n- Accept gifts and donations of historical items\n\n**Important limits:**\n- The Minister oversees the Trust but **cannot** tell it what to collect, what events to run, or how to handle gifts left in wills\n- The Trust can't employ staff directly — there's a separate \"employing authority\" that handles hiring\n- The Treasurer must approve major financial decisions like borrowing money or buying shares\n\n**Why it matters:**\nThis law ensures South Australia's history is preserved professionally and independently. It protects historical collections from political interference while giving the Trust enough power to manage its venues, protect its reputation, and crack down on people misusing its name to sell dodgy souvenirs."}},"importantCases":[],"_links":{"self":"/api/acts/history-trust-of-south-australia-act-1981","history":"/api/acts/history-trust-of-south-australia-act-1981/history","analysis":"/api/acts/history-trust-of-south-australia-act-1981/analysis","conflicts":"/api/acts/history-trust-of-south-australia-act-1981/conflicts","importantCases":"/api/acts/history-trust-of-south-australia-act-1981/important-cases","documents":"/api/acts/history-trust-of-south-australia-act-1981/documents"}}