{"id":"museums-act-1983","name":"Museums Act 1983","slug":"museums-act-1983","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178264,"registerId":"vic-museums-act-1983-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Museums Act 1983","content":"Version No. 043\n\n**Museums Act 1983**\n\n**No. 9903 of 1983**\n\nVersion incorporating amendments as at  \n5 February 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart I—Preliminary 1\n\n1 Short title and commencement 1\n\n2 Definitions 2\n\n3 Filming Approval Act 2014 2\n\nPart III—Museums Board of Victoria 3\n\nDivision 1—Interpretations 3\n\n9 Definitions 3\n\nDivision 2—Constitution of the Museums Board of Victoria 4\n\n10 Museums Board of Victoria 4\n\n11 Members of Board 4\n\n11A Membership of Board not office of profit 8\n\n12 Procedure at Board meetings 8\n\n12A Resolutions without meetings 9\n\n13 Conflicts of interest 10\n\n14 Protection of members 11\n\n15 Committees 12\n\n16 Delegation 12\n\nDivision 3—Officers and employees 13\n\n17 Chief Executive Officer 13\n\n20 Other staff 14\n\n21 Consultants 14\n\nDivision 4—Functions and powers of the Board 15\n\n22 Board represents the Crown 15\n\n22A Board subject to control of Minister 15\n\n23 Functions 15\n\n24 Powers of the Board 17\n\n25 Disposal of unclaimed property 19\n\n26 State collections 20\n\n27 Reciprocal arrangements about the Exhibition land 21\n\nDivision 5—Financial 21\n\n28 Account 21\n\n29 Borrowing and investment powers 22\n\n30 Audits 22\n\nDivision 6—Regulations and by-laws 23\n\n31 Regulations 23\n\n31A Board may make by-laws 24\n\nDivision 7—Transitory provisions 25\n\n32 Definitions 25\n\n33 Existing bodies 25\n\n34 Property held on trust 25\n\n35 Transitional provisions 26\n\n36 Dispositions of property 28\n\nDivision 8—Transition from Exhibition Trustees 30\n\n37 Dissolution of Exhibition Trustees 30\n\n38 Council to be successor in law of Trustees 30\n\n39 Transfer of assets and liabilities 30\n\nDivision 9—Exhibition land 31\n\n40 Reservation of Exhibition land 31\n\n41 Exhibition land may be used despite reservation 32\n\n42 Lease or licence to use reserved land for car park or other purposes 33\n\n43 Carlton Gardens land 34\n\n44 Regulations under Exhibition Act 1957 34\n\nDivision 10—Further transitional provisions 35\n\n45 Determination of staff to be transferred 35\n\n46 Abolition of Museums Advisory Board 35\n\n47 Council of the Museum of Victoria 35\n\n48 Director 36\n\n49 Transfer of staff 36\n\nSchedule 38\n\nEndnotes 39\n\n1 General information 39\n\n2 Table of Amendments 41\n\n3 Explanatory details 45\n\n**Version No.** **043**\n\n**Museums Act 1983**\n\n**No. 9903 of 1983**\n\nVersion incorporating amendments as at  \n5 February 2025\n\nAn Act to constitute the Museums Advisory Board and the Council of the Museum of Victoria, to abolish certain other Bodies and for that purpose to amend and repeal Various Acts and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nPart I—Preliminary\n\n\t1 Short title and commencement\n\n(1) This Act may be cited as the **Museums Act 1983**.\n\n(2) The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.\n\nS. 1(3) repealed by No. 7/1992 s. 11(a).\n\n* * * * *\n\n\t2 Definitions\n\nIn this Act unless inconsistent with the context or subject-matter—\n\nS. 2 def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 11.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 2 def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 11.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\n***this Act*** includes the regulations;\n\n***Treasurer*** except where appearing in section 11, means the Treasurer of Victoria;\n\nS. 2 def. of *Victorian Museums* *Guidelines* repealed by No. 61/1996  \ns. 35.\n\n* * * * *\n\nNew s. 3 inserted by No. 51/2014 s. 9(Sch. 2 item 11.2).\n\n\t3 Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\nPt 2  \n(Heading and ss 3–8) amended by Nos 7/1992  \ns. 11(b), 29/1994  \nss 48(1)–(4), 49, 42/1995 s. 224  \n(Sch. 2 item 27.1(a)–(c)), repealed by No. 61/1996  \ns. 36.\n\n* * * * *\n\nPt 3 (Heading) amended by No. 28/2007 s. 3(Sch. item 43).\n\nPart III—Museums Board of Victoria\n\nDivision 1—Interpretations\n\n\t9 Definitions\n\nIn this Part unless inconsistent with the context or subject-matter—\n\nS. 9 def. of *Board* inserted by No. 61/1996  \ns. 37(1)(a).\n\n***Board*** means the Museums Board of Victoria established by section 10;\n\nS. 9 def. of *Chief Executive Officer* inserted by No. 61/1996  \ns. 37(2).\n\n***Chief Executive Officer*** means the Chief Executive Officer of the Museums Board of Victoria appointed under section 17;\n\nS. 9 def. of *Council* repealed by No. 61/1996  \ns. 37(1)(a).\n\n* * * * *\n\nS. 9 def. of *Director* repealed by No. 61/1996  \ns. 37(2).\n\n* * * * *\n\nS. 9 def. of *Exhibition land*  \ninserted by No. 100/1995 s. 40.\n\n***Exhibition land*** means the land shown hatched on the plan in the Schedule together with all the buildings, structures, fences, gardens and improvements on the land;\n\nS. 9 def. of *museum land*  \nrepealed by No. 7/1992 s. 3(a).\n\n* * * * *\n\nS. 9 def. of *Museum of Victoria* amended by No. 61/1996  \ns. 37(1)(b).\n\n***Museum of Victoria*** means the premises from time to time used by the Board for its activities under this Act.\n\nPt 3 Div. 2 (Heading) amended by No. 61/1996  \ns. 38.\n\nDivision 2—Constitution of the Museums Board of Victoria\n\n\t10 Museums Board of Victoria\n\nS. 10(1) amended by No. 61/1996  \ns. 39(a).\n\n(1) There is hereby established a board to be known as the Museums Board of Victoria.\n\nS. 10(2) amended by No. 61/1996  \ns. 39(b).\n\n(2) The Board shall be a body corporate and shall have perpetual succession and a common seal and shall be capable in law of suing and being sued, of acquiring, holding and disposing of real and personal property and of doing and suffering all acts, matters and things which bodies corporate may by law do and suffer.\n\nS. 10(3) amended by No. 61/1996  \ns. 39(b).\n\n(3) The Board shall provide for the safe custody of its common seal.\n\nS. 10(4) amended by No. 61/1996  \ns. 39(b).\n\n(4) An instrument to which the common seal of the Board is affixed shall not be taken to have been executed by the Board unless it is also signed by a person authorized by the Board.\n\nS. 10(5) amended by No. 61/1996  \ns. 39(b).\n\n(5) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to any document and until the contrary is proved shall presume that it was duly affixed.\n\n\t11 Members of Board\n\nS. 11(1) amended by No. 61/1996  \ns. 40(1)(a).\n\n(1) The Board shall consist of not more than eleven members and not fewer than seven members appointed by the Governor in Council of whom not fewer than half shall be chosen from persons—\n\nS. 11(1)(a) amended by No. 61/1996  \ns. 40(1)(b).\n\n(a) holding senior academic office at a university in Victoria in a discipline appropriate to the functions of the Board;\n\nS. 11(1)(b) amended by No. 61/1996  \ns. 40(1)(c).\n\n(b) who, in the opinion of the Minister, are experienced in business administration and finance; or\n\nS. 11(1)(c) amended by No. 61/1996  \ns. 40(1)(d)(i)(ii).\n\n(c) who, in the opinion of the Minister, are distinguished in education, science, the history of human society or another field appropriate to the functions of the Board.\n\nS. 11(2) substituted by No. 61/1996  \ns. 40(2).\n\n(2) The Governor in Council, after consultation between the Minister and the Board, must appoint a member of the Board to be President.\n\n(3) A person appointed under subsection (2)—\n\nS. 11(3)(a) amended by No. 61/1996  \ns. 40(3)(a).\n\n(a) shall be appointed for a term of not more than three years;\n\n(b) shall be eligible for re-appointment;\n\nS. 11(3)(c) amended by No. 61/1996  \ns. 40(3)(b).\n\n(c) shall cease to hold his position if he ceases to be a member of the Board.\n\nS. 11(4) amended by No. 61/1996  \ns. 40(4).\n\n(4) Each member of the Board shall be appointed for the term, not exceeding three years, that is fixed by the Governor in Council in the instrument of his appointment but subject to subsections (5) and (6) shall be eligible for re-appointment.\n\nS. 11(5) repealed by No. 42/1995 s. 224(Sch. 2 item 27.2(a)).\n\n* * * * *\n\nS. 11(6) substituted by No. 7/1992 s. 7,  \namended by No. 61/1996  \ns. 40(5).\n\n(6) A person who has been a member of the Board for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—\n\n(a) the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or\n\nS. 11(6)(b) amended by No. 61/1996  \ns. 40(5).\n\n(b) a period of 3 years or more has elapsed since the person last was a member of the Board.\n\nS. 11(7) amended by No. 61/1996  \ns. 40(6).\n\n(7) The Governor in Council may in the instrument of appointment of a member of the Board specify the terms and conditions of appointment.\n\nS. 11(8) amended by No. 61/1996  \ns. 40(7).\n\n(8) The Governor in Council may at any time remove a member of the Board from office.\n\nS. 11(9) amended by No. 61/1996  \ns. 40(8).\n\n(9) The office of a member of the Board shall become vacant—\n\n(a) at the expiration of his term of office;\n\n(b) if he dies;\n\n(c) if he resigns his office by writing addressed to the Minister;\n\n(d) if he is removed from office pursuant to subsection (8);\n\n(e) if he becomes bankrupt or applies to take the benefit of bankruptcy or insolvent debtors or by deed or writing compounds with his creditors;\n\n(f) if he becomes incapable of performing his duties;\n\nS. 11(9)(g) amended by Nos 42/1995 s. 224(Sch. 2 item 27.2(b)), 61/1996  \ns. 40(8).\n\n(g) if he is wilfully absent from three consecutive meetings of the Board without leave granted by the President (which leave the President is hereby empowered to grant);\n\nS. 11(9)(h) repealed by No. 42/1995 s. 224(Sch. 2 item 27.2(c)).\n\n* * * * *\n\n(10) Where any leave granted to a member by the President exceeds three consecutive meetings the President shall notify the Minister of the granting of leave.\n\nS. 11(11) substituted by No. 61/1996  \ns. 40(9), amended by No. 46/1998  \ns. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 139.1), 80/2006 s. 26(Sch. item 74).\n\n(11) The **Public** **Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.\n\nS. 11(12) substituted by No. 61/1996  \ns. 40(10).\n\n(12) A member of the Board is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.\n\nS. 11(13) inserted by No. 29/1994  \ns. 50, repealed by No. 61/1996 s. 40(11).\n\n* * * * *\n\nS. 11A inserted by No. 29/1994  \ns. 51, amended by No. 61/1996  \ns. 41.\n\n\t11A Membership of Board not office of profit\n\nA member of the Board shall not be taken by reason of being a member to hold an office or place of profit under the Crown which would—\n\n(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or\n\n(b) make void the member's election to the Legislative Council or Legislative Assembly; or\n\n(c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or\n\n(d) subject the member to liability to a penalty under the **Constitution Act 1975**.\n\n\t12 Procedure at Board meetings\n\nS. 12(1) amended by No. 61/1996  \ns. 42(1)(3).\n\n(1) The Board shall meet at such times and places as are fixed by the President and shall hold at least 6 meetings in each year.\n\nS. 12(2) substituted by No. 61/1996  \ns. 42(2).\n\n(2) The President or, in his or her absence, a member elected by the members present, must preside at a meeting of the Board.\n\nS. 12(3) amended by No. 61/1996  \ns. 42(3).\n\n(3) A majority of the members of the Board for the time being shall constitute a quorum.\n\nS. 12(4) amended by No. 61/1996  \ns. 42(3).\n\n(4) Subject to the presence of a quorum, the Board may act notwithstanding a vacancy in its membership.\n\nS. 12(5) amended by No. 61/1996  \ns. 42(3).\n\n(5) A question arising at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting and in the event of an equality of votes the person presiding shall have an additional or casting vote.\n\nS. 12(6) amended by No. 61/1996  \ns. 42(3).\n\n(6) An act or decision of the Board shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member.\n\nS. 12(7) amended by No. 61/1996  \ns. 42(3).\n\n(7) Subject to this Act, the Board may regulate its own proceedings.\n\nS. 12A inserted by No. 61/1996  \ns. 43.\n\n\t12A Resolutions without meetings\n\n(1) If—\n\n(a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and\n\n(b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—\n\na resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.\n\n(2) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.\n\n(3) If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.\n\n(4) The majority of members referred to in subsection (1)(b) must not include a member  \nwho, because of section 13, is not entitled to vote on the resolution.\n\nS. 13 substituted by No. 61/1996  \ns. 44.\n\n\t13 Conflicts of interest\n\n(1) If—\n\n(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board; and\n\n(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—\n\nthe member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Board or, in the case of a proposed resolution notice of which is given under section 12A(1)(a), to the President.\n\n(2) The Board or the President must cause the declaration to be tabled at the next meeting of the Board and the person presiding at that meeting must cause the declaration to be recorded in the minutes of the meeting.\n\n(3) A member who has a conflict of interest in a matter—\n\n(a) must not be present during any deliberations on the matter, unless the Board directs otherwise; and\n\n(b) is not entitled to vote on the matter.\n\n(4) If a member votes on a matter in contravention of subsection (3)(b), the vote must be disallowed.\n\n(5) A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction, under subsection (3)(a).\n\n(6) For the purposes of this section, a member is not to be regarded as having a conflict of interest—\n\n(a) in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or\n\n(b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.\n\n\t14 Protection of members\n\nS. 14(1) amended by No. 61/1996  \ns. 45.\n\n(1) Where a member or former member of the Board is personally liable to make payment by way of compensation or reimbursement to the Board or any other person by reason of an act done or concurred in or omitted to be done by him while a member of the Board, the Treasurer shall, if—\n\nS. 14(1)(a) amended by No. 61/1996  \ns. 45.\n\n(a) the act or omission formed part of a course of conduct which the member or former member honestly and reasonably believed the Board was by law required or authorized to pursue; and\n\nS. 14(1)(b) amended by No. 61/1996  \ns. 45.\n\n(b) in the case of an act done or omitted to be done by the member or former member, the act or omission formed part of a course of conduct which the member or former member honestly and reasonably believed the Board had required or authorized him to pursue on its behalf—\n\nindemnify him out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) to the full extent of his liability.\n\n(2) For the purposes of subsection (1), a belief may be held to have been honest and reasonable notwithstanding that it was wrong as to a matter of law.\n\nS. 14(3) amended by No. 61/1996  \ns. 45.\n\n(3) The indemnity conferred upon a member or former member of the Board by subsection (1) is in addition to any indemnity to which he is otherwise entitled by law.\n\nS. 15 amended by Nos 80/1988  \ns. 55(5)(a), 7/1992  \ns. 3(b), substituted by No. 61/1996  \ns. 46.\n\n\t15 Committees\n\n(1) The Board may—\n\n(a) establish any committees it considers necessary and define the constitution and functions of each committee so established;\n\n(b) determine the procedure of each committee;\n\n(c) change the constitution or functions of a committee;\n\n(d) dissolve a committee.\n\n(2) A person may be a member of a committee established by the Board even though he or she is not a member of the Board.\n\n(3) A member of a committee established by the Board is entitled to receive any fees or travelling or other expenses determined by the Board.\n\nS. 16 substituted by No. 61/1996  \ns. 47.\n\n\t16 Delegation\n\n(1) The Board may, by instrument under its common seal, delegate any of its functions or powers (except this power of delegation or the power to make by-laws) to—\n\n(a) the members constituting a committee of the Board, if the committee includes 2 or more members of the Board; or\n\nS. 16(1)(b) amended by No. 61/1996  \ns. 48.\n\n(b) the Chief Executive Officer; or\n\n(c) any of its members; or\n\n(d) any member of its staff.\n\n(2) A delegation under subsection (1) may be made to a specified person or class of persons referred to in that subsection.\n\nDivision 3—Officers and employees\n\n\t17 Chief Executive Officer\n\nS. 17(1) amended by No. 61/1996  \ns. 49(2)(a).\n\n(1) There shall be a Chief Executive Officer of the Museums Board of Victoria who—\n\nS. 17(1)(a) amended by No. 61/1996  \ns. 49(1)(a), repealed by No. 61/1996  \ns. 49(2)(b).\n\n* * * * *\n\nS. 17(1)(b) amended by No. 61/1996  \ns. 49(1)(a).\n\n(b) subject to and in accordance with the directions given to him by the Board, shall have the control of the day to day management of the affairs of the Board.\n\nS. 17(2) substituted by No. 61/1996  \ns. 49(3).\n\n(2) The Chief Executive Officer shall be appointed by the Board, with the approval of the Minister, for the term, not exceeding 5 years, that is specified in the instrument of appointment but is eligible for re-appointment.\n\nS. 17(3) substituted by No. 61/1996  \ns. 49(3).\n\n(3) The Chief Executive Officer holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.\n\nS. 17(4) amended by No. 61/1996  \ns. 49(1)(b), substituted by No. 61/1996  \ns. 49(3).\n\n(4) The Board must not remove the Chief Executive Officer from office except with the approval of the Minister.\n\nS. 17(5)(6) repealed by No. 61/1996  \ns. 49(3).\n\n* * * * *\n\nS. 18 amended by No. 50/1988  \ns. 93(2)(Sch. 2 Pt 2 item 38), repealed by No. 61/1996  \ns. 50.\n\n* * * * *\n\nS. 19 amended by No. 31/1994  \ns. 3(Sch. 1 item 44), repealed by No. 61/1996  \ns. 51.\n\n* * * * *\n\nS. 20 substituted by No. 61/1996  \ns. 52.\n\n\t20 Other staff\n\nThe Board may employ any other persons necessary for the purposes of this Act.\n\nS. 21 amended by Nos 61/1996  \ns. 53, 66/2001 s. 8.\n\n\t21 Consultants\n\nThe Board may engage such consultants and technical advisors as the Board considers necessary from time to time to enable the Board to perform its functions and exercise its powers under this Act.\n\nPt 3 Div. 4 (Heading) substituted by No. 61/1996  \ns. 54.\n\nDivision 4—Functions and powers of the Board\n\nS. 22 amended by No. 100/1995 s. 41, substituted by No. 61/1996  \ns. 55.\n\n\t22 Board represents the Crown\n\nIn performing its functions and exercising its powers under this Act, the Board represents the Crown.\n\nS. 22A inserted by No. 61/1996  \ns. 55.\n\n\t22A Board subject to control of Minister\n\nIn performing its functions and exercising its powers under this Act, the Board is subject to the direction and control of the Minister.\n\nS. 23 amended by No. 61/1996  \ns. 56(a).\n\n\t23 Functions\n\nThe functions of the Board are—\n\nS. 23(a) amended by No. 61/1996  \ns. 56(b).\n\n(a) to control, manage, operate, promote, develop and maintain the Museum of Victoria;\n\nS. 23(aa) inserted by No. 100/1995 s. 42(a).\n\n(aa) to control, manage, operate, promote, develop and maintain the Exhibition land as a place—\n\n(i) for the holding of public exhibitions;\n\n(ii) for the assembly, education, instruction, entertainment or recreation of the public or any sector of the public;\n\nS. 23(aa)(iii) amended by No. 61/1996  \ns. 56(c).\n\n(iii) for any other uses which will not substantially interfere with the continued use of the land for museum or exhibition purposes that the Governor in Council directs or that the Board, with the approval of the Minister, determines;\n\nS. 23(b) amended by No. 61/1996  \ns. 56(d).\n\n(b) to develop and maintain the State collections of natural sciences, indigenous culture, social history and science and technology;\n\n(c) to exhibit material from those collections for the purposes of education and entertainment;\n\n(d) to promote use of those collections for scientific research;\n\n(e) to promote the use of the Museum's resources for education in Victoria;\n\nS. 23(f) substituted by No. 61/1996  \ns. 56(e).\n\n(f) to research, present and promote issues of public relevance and benefit in the following fields—\n\n(i) the origins, development and diversity of cultures in Australia and adjacent lands;\n\n(ii) the natural environment;\n\n(iii) science and technology and their applications to the development of society;\n\n(g) to act as a repository for specimens upon which scientific studies have been made or which may have special cultural or historical significance;\n\nS. 23(ga) inserted by No. 61/1996  \ns. 56(f).\n\n(ga) to provide leadership to museums in Victoria;\n\nS. 23(gb) inserted by No. 61/1996  \ns. 56(f).\n\n(gb) to advise the Minister on matters relating to museums, and co-ordination of museum services, in Victoria;\n\nS. 23(h) amended by Nos 100/1995 s. 42(b), 61/1996  \ns. 56(g).\n\n(h) to carry out such other functions appropriate to museums and the Exhibition land as the Minister from time to time directs.\n\n\t24 Powers of the Board\n\nS. 24(1) amended by No. 61/1996  \ns. 57(1)(a)(b).\n\n(1) Subject to this Act, the Board has the power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.\n\nS. 24(2) amended by No. 61/1996  \ns. 57(2)(b).\n\n(2) Without limiting or derogating from the generality of subsection (1), the powers of the Board include power—\n\nS. 24(2)(a) substituted by No. 61/1996  \ns. 57(2)(a).\n\n(a) to enter into contracts, agreements or arrangements with any person or body of persons and do everything, including the payment of money, that is necessary or expedient for carrying the contracts, agreements or arrangements into effect;\n\nS. 24(2)(b) substituted by No. 61/1996  \ns. 57(2)(a).\n\n(b) to accept real or personal property by purchase, gift, grant, devise or bequest, whether on trust or otherwise;\n\nS. 24(2)(c) substituted by No. 61/1996  \ns. 57(2)(a).\n\n(c) to act as trustee of any real or personal property vested in the Board on trust;\n\nS. 24(2)(d)–(i) repealed by No. 61/1996  \ns. 57(2)(a).\n\n* * * * *\n\nS. 24(2)(j) amended by Nos 100/1995 s. 43(a)(i)–(iii), 61/1996  \ns. 57(2)(b).\n\n(j) to charge and receive fees fixed by the Board in respect of any services supplied by the Board and in respect of the admission of persons or vehicles to the Museum of Victoria or the Exhibition land or any part of the Museum of Victoria or the Exhibition land, or to any classes, activities or exhibitions organized or conducted by the Board;\n\nS. 24(2)(ja) inserted by No. 100/1995 s. 43(b).\n\n(ja) in relation to the Exhibition land, the granting to other persons or bodies of authorities to occupy any part of the Exhibition land—\n\n(i) for the purpose of or in connection with the provision of facilities for the assembly, education, instruction, entertainment, recreation or convenience of persons using the Museum of Victoria or the Exhibition land; or\n\n(ii) if the part of the Exhibition land is not presently required for museum or exhibition purposes, for any other purpose which will not substantially interfere with the continued use of the land for museum or exhibition purposes;\n\nS. 24(2)(k) amended by No. 61/1996  \ns. 57(2)(b).\n\n(k) to do all such things as are in the opinion of the Board incidental to the carrying out of its functions or the exercise of its powers.\n\nS. 24(3) amended by No. 61/1996  \ns. 57(3)(a).\n\n(3) Notwithstanding anything to the contrary in this Act the Board shall not sell, lease or dispose of an object being part of a State collection unless—\n\n(a) the Governor in Council has granted approval for that sale, lease or disposal;\n\nS. 24(3)(b) amended by No. 61/1996  \ns. 57(3)(b).\n\n(b) the Board has resolved that retention of that object is unnecessary and inappropriate to the activities of the Board; or\n\nS. 24(3)(c) amended by No. 61/1996  \ns. 57(3)(c).\n\n(c) it is duplicate material being exchanged with a body which has objects or functions similar to those of the Board.\n\n\t25 Disposal of unclaimed property\n\nS. 25(1) amended by No. 61/1996  \ns. 58(1)(a).\n\n(1) Subject to subsection (2) and with the approval of the Governor in Council the Board may retain, exchange, sell, lease or dispose of any property which although not vested in it by or under this Act—\n\nS. 25(1)(a) amended by No. 61/1996  \ns. 58(1)(b).\n\n(a) has been submitted to or left with the Board or its duly authorized officer with a view to its acceptance by the Board by way of gift or purchase or for valuation or for the giving of an opinion thereon by or on behalf of the Board or for consideration for the purpose of any prize or competition;\n\nS. 25(1)(b) amended by No. 61/1996  \ns. 58(1)(c).\n\n(b) has remained in the possession or custody of the Board for a period of not less than five years; and\n\n(c) has not, after notice given as hereinafter provided, been claimed by or on behalf of the person submitting or leaving such property as aforesaid or any other person claiming such property or any interest therein.\n\nS. 25(2) amended by No. 61/1996  \ns. 58(2)(a).\n\n(2) Before seeking the approval of the Governor in Council to any retention, exchange, sale, lease or disposal pursuant to the provisions of subsection (1) the Board shall give not less than six months notice of its intention so to deal with the property—\n\n(a) by written notice sent by prepaid registered post to the person who submitted or left the property and addressed to him at his last known place of abode or business or, if such person is deceased, to his personal representative in like manner; or\n\nS. 25(2)(b) amended by No. 61/1996  \ns. 58(2)(b).\n\n(b) by notice published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria if the name or the place of abode or business of the person who submitted or left the property is not known to the Board.\n\n\t26 State collections\n\n(1) The Museum of Victoria shall be the official place of lodgement of the State collections of natural history (including collections of type specimens), the history of human society and the history of science and technology.\n\nS. 26(2) amended by No. 61/1996  \ns. 59(1).\n\n(2) Where a department holds material which forms a collection or part of a collection of material in the field of natural history, the history of human society or the history of science and technology, the department shall not dispose of that material unless the department first submits the material to the Board.\n\nS. 26(3) amended by No. 61/1996  \ns. 59(1).\n\n(3) Where the Board receives material submitted to it pursuant to subsection (2), it shall as soon as is practicable determine whether that material is appropriate for inclusion in a State collection of natural history, the history of human society or the history of science and technology.\n\nS. 26(4) amended by No. 61/1996  \ns. 59(1).\n\n(4) Where, pursuant to subsection (3), the Board determines that material is appropriate for inclusion in a State collection, that material shall thereupon for the purposes of this Act be deemed to form part of that State collection.\n\nS. 26(5) substituted by Nos 61/1996  \ns. 59(2), 46/1998  \ns. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 139.2).\n\n(5) In this section ***department*** means a department or administrative office within the meaning of the **Public Administration Act 2004**.\n\nS. 27  \nrepealed by No. 7/1992 s. 3(c), new s. 27  \ninserted by No. 100/1995 s. 44, amended by Nos 71/1996  \ns. 36, 61/1996  \ns. 60(a)(b), 38/2024 s. 17.\n\n\t27 Reciprocal arrangements about the Exhibition land\n\nThe Board, for the purpose of carrying out its functions with respect to the Royal Exhibition Building, may enter into an agreement or arrangement with the Victorian Convention and Event Trust concerning the carrying out by the Victorian Convention and Event Trust of any of the Board's functions with respect to the Royal Exhibition Building or any part of the Exhibition land that is reasonably required in conjunction with the use of the Royal Exhibition Building that is reasonably required in conjunction with the use of the Royal Exhibition Building.\n\nDivision 5—Financial\n\n\t28 Account\n\nS. 28(1) amended by Nos 61/1996  \ns. 61(a), 46/1998  \ns. 7(Sch. 1), 11/2001 s. 3(Sch. item 54.1(a) (b)).\n\n(1) The Board shall establish and maintain in an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth approved by the Minister administering Part 7 of the **Financial Management Act 1994** an account in the name of the Board into which shall be paid all money received by or paid to the Board other than any money to which subsection (4) applies.\n\nS. 28(2) amended by Nos 61/1996  \ns. 61(a), 11/2001 s. 3(Sch. item 54.2).\n\n(2) Subject to subsection (3), money standing to the credit of the Board in the account referred to in subsection (1) may be applied by the Board only for or towards the costs and expenses of or incidental to the performance of the functions or the exercise of the powers of the Board pursuant to this Act.\n\nS. 28(3) amended by Nos 104/1995 s. 6(Sch. 1 item 21(a)(b)), 61/1996  \ns. 61(a), repealed by No. 61/1996  \ns. 61(b).\n\n* * * * *\n\nS. 28(4) amended by No. 61/1996  \ns. 61(a).\n\n(4) This section shall not apply to any moneys received or paid out by the Board subject to and in accordance with the terms of a special trust.\n\nS. 29 substituted by No. 61/1996  \ns. 62.\n\n\t29 Borrowing and investment powers\n\nThe Board has the powers conferred on it by the **Borrowing and Investment Powers Act 1987**.\n\n\t30 Audits\n\nS. 30(1)–(8) repealed by No. 31/1994 s. 4(Sch. 2 item 57).\n\n* * * * *\n\nS. 30(9) amended by No. 61/1996  \ns. 63(a).\n\n(9) The Board may engage a registered company auditor to carry out such intermediate inspections and audits as the Board thinks necessary.\n\nPt 3 Div. 6 (Heading) amended by No. 7/1992 s. 9.\n\nDivision 6—Regulations and by-laws\n\nS. 31 substituted by No. 7/1992  \ns. 10.\n\n\t31 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 31(1)(a) amended by No. 61/1996  \ns. 63(b).\n\n(a) in relation to Crown land reserved under the **Crown Land (Reserves) Act 1978**, anything for or in respect of which the Board as trustee could make regulations under section 13(1) of that Act; and\n\n(b) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may impose penalties not exceeding 2 penalty units for a contravention of the regulations.\n\nS. 31(2A) inserted by No. 51/2014 s. 9(Sch. 2 item 11.3).\n\n(2A) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nS. 31(3) amended by No. 78/2010 s. 24(Sch. 1 item 21.1)\n\n(3) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament.\n\nS. 31(4) repealed by No. 78/2010 s. 24(Sch. 1 item 21.2)\n\n* * * * *\n\nS. 31A inserted by No. 7/1992  \ns. 10.\n\n\t31A Board may make by-laws\n\nS. 31A(1) amended by No. 61/1996  \ns. 63(c).\n\n(1) The Board may make by-laws not inconsistent with the regulations for or with respect to—\n\nS. 31A(1)(a) amended by No. 61/1996  \ns. 63(c).\n\n(a) regulating or prohibiting admission to or removal from any building or part of a building managed or controlled by the Board; and\n\nS. 31A(1)(b) amended by No. 61/1996  \ns. 63(c).\n\n(b) the preservation, inspection, copying or lending of specimens, exhibits, equipment, data pertaining to the collections, publications or other objects or things under the control of the Board; and\n\nS. 31A(1)(c) amended by No. 61/1996  \ns. 63(c).\n\n(c) the care, protection and management of land and buildings or parts of buildings owned or under the management or control of the Board, and the safeguarding of the contents of those buildings against theft or damage; and\n\nS. 31A(1)(d) amended by No. 61/1996  \ns. 63(c).\n\n(d) the preservation of good order and decency on land and in buildings or parts of buildings owned or under the management or control of the Board.\n\n(2) The by-laws may impose penalties not exceeding 2 penalty units for a contravention of the by-laws.\n\nS. 31A(3) inserted by No. 51/2014 s. 9(Sch. 2 item 11.4).\n\n(3) Any by-laws made under this section for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nDivision 7—Transitory provisions\n\n\t32 Definitions\n\nIn this Division unless inconsistent with the context or subject-matter—\n\n***appointed day*** means the day on which section 33 comes into operation;\n\n***existing bodies*** means the Building Trustees established under the **State Library National Gallery National Museum and Institute of Applied Science Act 1960**, the Council of the Science Museum of Victoria established under the **Science Museum of Victoria Act 1970** and the National Museum of Victoria Council established under the **National Museum of Victoria Council Act 1970**, and ***existing body*** means one of them.\n\n\t33 Existing bodies\n\nS. 33(1) repealed by No. 100/1995 s. 46(2).\n\n* * * * *\n\n(2) The existing bodies are hereby dissolved, and the members thereof shall go out of office.\n\n(3) The Council is the successor in law of the existing bodies.\n\n\t34 Property held on trust\n\nS. 34(1) repealed by No. 7/1992  \ns. 3(d).\n\n* * * * *\n\nS. 34(2) amended by No. 7/1992  \ns. 3(e).\n\n(2) All property vested in the Council on the appointed day shall be held by the Council subject to the conditions or trusts on which it was held immediately before the appointed day.\n\nS. 34(3)–(6) repealed.[[1]](#endnote-2)\n\n* * * * *\n\n\t35 Transitional provisions\n\nUpon and from the appointed day—\n\n(a) any contract, agreement, deed, bond or other instrument lawfully entered into or made by an existing body and subsisting immediately before that day shall become and be as binding and of as full force and effect in all respects against or in favour of the Council as if it had been entered into or made by the Council;\n\n(b) any action, arbitration or legal or other proceeding which was immediately before that day pending or subsisting by or in favour of or against an existing body shall not be abated or discontinued or prejudiced by reason of the provisions of this Act, but may be prosecuted, continued or enforced by, against or in favour of the Council in the same manner as it might have been prosecuted, continued or enforced by, against or in favour of an existing body if this Act had not been passed;\n\n(c) notwithstanding the repeal by this Act of section 27 of the **State Library National Gallery National Museum and Institute of Applied Science Act 1960**, section 15 of the **Science Museum of Victoria Act 1970** and section 15 of the **National Museum of Victoria Council Act 1970** those provisions shall continue to apply in respect of acts done or taken or omitted to be done or taken before the appointed day as if those provisions had not been repealed;\n\n(d) any regulations—\n\n(i) made under or continued in force by the **State Library National Gallery National Museum and Institute of Applied Science Act 1960**;\n\n(ii) made under the **Science Museum of Victoria Act 1970**; or\n\n(iii) made under the **National Museum of Victoria Council Act 1970**—\n\nwhich were in force immediately before the appointed day shall, so far as they relate to matters for or with respect to which regulations may be made under this Act, remain subject to this Act in full force and operation, and may be amended or revoked as if they were made under this Act;\n\nS. 35(e) amended by No. 12/1989  \ns. 4(1)(Sch. 2 item 84.1).\n\n(e) any reference to, or any reference which is deemed to be a reference to, an existing body in any other Act or in any proclamation, Order in Council, regulation, by-law, local law, order, legal or other proceeding instrument or document shall be deemed and taken to refer to the Council;\n\n(f) any money standing to the credit of, or payable to the credit of, an account kept by an existing body shall be paid into the bank account kept under section 28;\n\n(g) all acts, matters and things of a continuing nature made, done or commenced by or on behalf of an existing body which have or are capable of acquiring any force or effect shall be deemed to have been made done or commenced by or in relation to or on behalf of the Council and shall have effect and may be continued or completed by or in relation to or on behalf of the Council accordingly.\n\n\t36 Dispositions of property\n\n(1) Where there is made a disposition of property, being a disposition to which this section applies, to, in favour of or for the uses and purposes of—\n\nS. 36(1)(a) amended by No. 10087  \ns. 3(1)(Sch. 1 item 174).\n\n(a) the trustees of the Museum of Applied Science of Victoria;\n\n(b) the trustees of the National Museum of Victoria;\n\n(c) the trustees of the National Museums of Victoria;\n\n(d) the trustees of the Institute of Applied Science of Victoria; or\n\n(e) an existing body—\n\nit shall take effect as if it had been made or declared to or in favour of or for the uses and purposes of the Council.\n\n(2) Where there is made a disposition of property, being a disposition to which this section applies, to, in favour of or for the uses and purposes of the Trustees of the Public Library Museums and National Gallery of Victoria it shall take effect as if it had, in respect of each particular item of property, been made or declared severally to or in favour of or for the uses and purposes of whichever of the following bodies is the most appropriate, having regard to the nature of the property and the apparent intention of the donor or testator—\n\n(a) the Council of Trustees of the National Gallery of Victoria;\n\nS. 36(2)(b) amended by Nos 80/1988  \ns. 55(5)(c), 61/1996  \ns. 63(d).\n\n(b) the Library Board of Victoria; or\n\n(c) the Council.\n\n(3) Where there is made a disposition of property to which subsection (2) applies, such property being a sum of money, in terms which do not sufficiently indicate which body would be the most appropriate recipient, then such property shall be deemed to have been made or declared—\n\n(a) as to two-fifths of the sum—in favour of or for the uses or purposes of the Council of Trustees of the National Gallery of Victoria;\n\nS. 36(3)(b) amended by Nos 80/1988  \ns. 55(5)(d), 61/1996  \ns. 63(e).\n\n(b) as to one-fifth of the sum—in favour or for the uses or purposes of the Library Board of Victoria;\n\n(c) as to two-fifths of the sum—in favour or for the uses or purposes of the Council.\n\n(4) In this section, ***disposition to which this section applies*** means a donation, gift, disposition or trust of property lawfully made or declared or deemed to have been made or declared, whether before or after the appointed day, by deed, will or otherwise, other than one of the bequests or trusts referred to in section 20(f) of the **National Gallery of Victoria Act 1966**.\n\nPt 3 Div. 8 (Heading and ss 37–39) inserted by No. 100/1995 s. 45.\n\nDivision 8—Transition from Exhibition Trustees\n\nS. 37  \ninserted by No. 100/1995 s. 45.\n\n\t37 Dissolution of Exhibition Trustees\n\n(1) The body corporate by the name of \"The Exhibition Trustees\" established under the **Exhibition Act 1957** is dissolved.\n\n(2) A person holding office as a member of The Exhibition Trustees under the **Exhibition Act 1957** immediately before the commencement of section 45 of the **Miscellaneous Acts (Omnibus Amendments) Act 1995** ceases to hold that office.\n\n(3) A person who, immediately before the commencement of section 45 of the **Miscellaneous Acts (Omnibus Amendments) Act 1995**, was an officer or employee of The Exhibition Trustees ceases to be such an officer or employee.\n\nS. 38  \ninserted by No. 100/1995 s. 45.\n\n\t38 Council to be successor in law of Trustees\n\nThe Council of the Museum of Victoria is the successor in law of The Exhibition Trustees.\n\nS. 39  \ninserted by No. 100/1995 s. 45.\n\n\t39 Transfer of assets and liabilities\n\n(1) On and from the commencement of section 45 of the **Miscellaneous Acts (Omnibus Amendments) Act 1995**—\n\n(a) all assets, property and rights in or held by The Exhibition Trustees immediately before that commencement vest in the Council;\n\n(b) all liabilities of The Exhibition Trustees existing immediately before that commencement become liabilities of the Council;\n\n(c) the Council is substituted as a party to any agreement, contract, lease or other arrangement, and to any proceeding, to which The Exhibition Trustees was a party immediately before that commencement;\n\n(d) any reference to The Exhibition Trustees in any Act, subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984** or any document whatever is, in relation to any period occurring on or after that date of commencement, and unless inconsistent with the context or subject matter, to be taken to be a reference to the Council.\n\n(2) The operation of subsection (1)(c) does not confer on any party (other than the Council) to an agreement, contract, lease or other arrangement any right or benefit not existing before that commencement.\n\nPt 3 Div. 9 (Heading and ss 40–44) inserted by No. 100/1995 s. 45.\n\nDivision 9—Exhibition land\n\nS. 40  \ninserted by No. 100/1995 s. 45.\n\n\t40 Reservation of Exhibition land\n\n(1) The permanent reservation of the Exhibition land is revoked.\n\n(2) The Exhibition land—\n\n(a) is divested from the Exhibition Trustees and ceases to be under the general control, administration and management of the Exhibition Trustees; and\n\n(b) vests in the Crown; and\n\n(c) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions encumbrances, estates and interests except those referred to in subsection (3).\n\nS. 40(3) amended by No. 61/1996  \ns. 63(f).\n\n(3) Subsection (2)(c) does not affect the continuity, status or effect of any lease, licence, permit or authority existing over the Exhibition land immediately before the date it was vested in the Crown under this section, but from that date the lease, licence, permit or authority has effect as if granted by the Board.\n\n(4) The Exhibition land is deemed to be permanently reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** as a site for exhibition and museum purposes.\n\nS. 40(5) amended by No. 61/1996  \ns. 63(f).\n\n(5) The general control, administration and management of the Exhibition land is vested in the Board.\n\nS. 40(6) amended by No. 61/1996  \ns. 63(f).\n\n(6) Nothing in the **Crown Land (Reserves) Act 1978** relating to the management or control of Crown lands or reserves applies to the Board in exercising its powers under subsection (5) over the Exhibition land.\n\nS. 41  \ninserted by No. 100/1995 s. 45.\n\n\t41 Exhibition land may be used despite reservation\n\n(1) With the approval of the Minister administering the **Crown Land (Reserves) Act 1978** any  part of the land on the plan in the Schedule may be used and developed for—\n\n(a) an underground car park or car parks to be constructed underneath the Exhibition land; or\n\n(b) any other use which will not substantially interfere with the continued use of the land for museum and exhibition purposes.\n\n(2) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978** and the **Land Act 1958** or anything in any other Act or law.\n\nS. 42  \ninserted by No. 100/1995 s. 45.\n\n\t42 Lease or licence to use reserved land for car park or other purposes\n\nS. 42(1) amended by No. 61/1996  \ns. 63(g)(i).\n\n(1) The Board may, in accordance with this section, grant to any person or body—\n\n(a) with the approval of the Minister administering the **Crown Land (Reserves) Act 1978**, a lease; or\n\n(b) a licence—\n\nfor Crown land, or a stratum of Crown land, comprising any part of the land shown on the plan in the Schedule if the land is to be used or developed for museum or exhibition purposes or any of the purposes referred to in section 41.\n\n(2) A lease or licence under this section—\n\nS. 42(2)(a) amended by No. 61/1996  \ns. 63(g)(i).\n\n(a) is subject to any conditions that the Board thinks fit and specifies in the lease or licence as to—\n\n(i) access to and use of the land covered by the lease or licence; and\n\n(ii) the protection of the continued use of the land or any stratum of the land for museum and exhibition purposes; and\n\nS. 42(2)(b) amended by No. 61/1996  \ns. 63(g)(i).\n\n(b) is subject to any other terms or conditions that the Board determines and specifies in the lease or licence; and\n\n(c) may be granted or renewed for a term of not more than 50 years.\n\nS. 42(3) amended by No. 61/1996  \ns. 63(g)(ii).\n\n(3) Nothing in this section limits the Board's powers under section 24 or anything in the **Land Act 1958**.\n\n(4) In this section—\n\n***stratum of Crown land*** has the same meaning as in the **Land Act 1958**.\n\nS. 43  \ninserted by No. 100/1995 s. 45.\n\n\t43 Carlton Gardens land\n\nDespite anything to the contrary in the Order in Council dated 9 June 1973 permanently reserving land as a site for Carlton Gardens and the Crown grant volume 600 folium 119905 dated 13 June 1873 relating to the Carlton Gardens land adjacent to the Exhibition land, the Minister administering the **Crown Land (Reserves) Act 1978** and Melbourne City Council may, in addition to the purposes provided for in the Order in Council and the Crown grant, permit the temporary use of any part of the land referred to in the Order in Council and Crown grant for purposes which are, or are connected with, museum or exhibition purposes.\n\nS. 44  \ninserted by No. 100/1995 s. 45.\n\n\t44 Regulations under Exhibition Act 1957\n\n(1) Despite the repeal of the **Exhibition Act 1957**, any regulations made under that Act and in force immediately before the repeal of that Act by Part 7 of the **Miscellaneous Acts (Omnibus Amendments) Act 1995** continue in force under the **Museums Act 1983** as if made under section 31 of the **Museums Act 1983**.\n\n(2) Subsection (1) does not apply to any regulations with respect to fees for the parking of vehicles on the Exhibition land.\n\nPt 3 Div. 10 (Heading and s. 45)  \ninserted by No. 61/1996 s. 64.\n\nDivision 10—Further transitional provisions\n\nS. 45  \ninserted by No. 61/1996 s. 64, amended by No. 46/1998  \ns. 7(Sch. 1).\n\n\t45 Determination of staff to be transferred\n\nThe Minister must designate in writing the employees of the public service who are employed in the administration of this Act who are to become employees of the Board under section 49.\n\nS. 46  \ninserted by No. 61/1996 s. 65.\n\n\t46 Abolition of Museums Advisory Board\n\n(1) The Museums Advisory Board established by section 4 of the Principal Act is abolished.\n\n(2) Despite any provision to the contrary made by or under the **Financial Management Act 1994**, there must be prepared, in accordance with Part 7 of that Act, a report of the operations of the Museums Advisory Board during the period beginning on 1 July immediately preceding the commencement of section 65 of the **Arts Institutions (Amendment) Act 1996** and ending on that commencement.\n\n(3) The report prepared under subsection (2) must be incorporated in and consolidated with that of the Council of the Museum of Victoria or, if the Museums Board of Victoria is in existence on the commencement referred to in subsection (2), with that of the Museums Board of Victoria for the financial year that includes the last day of the period referred to in subsection (2).\n\nS. 47  \ninserted by No. 61/1996  \ns. 66.\n\n\t47 Council of the Museum of Victoria\n\n(1) The Museums Board of Victoria is to be taken as the same body as the Council of the Museum of Victoria in spite of any changes to the name and structure of the Museums Board of Victoria by this Act and no act, matter or thing is to be affected because of those changes of name and structure.\n\n(2) A reference in any document to the Council of the Museum of Victoria is to be taken to refer to the Museums Board of Victoria.\n\n(3) A member of the Council of the Museum of Victoria holding office immediately before the commencement of section 66 of the **Arts Institutions (Amendment) Act 1996** continues to hold office after that commencement as a member of the Museums Board of Victoria on the same terms and conditions as those on which he or she held office as a member of the Council of the Museum of Victoria for the remainder of the term specified in his or her instrument of appointment.\n\nS. 48  \ninserted by No. 61/1996  \ns. 67.\n\n\t48 Director\n\nThe person who immediately before the commencement of section 67 of the **Arts Institutions (Amendment) Act 1996** was the Director of the Museum of Victoria is deemed to be appointed by the Board as the Chief Executive Officer of the Museums Board of Victoria on terms and conditions determined by the Minister to be no less favourable in aggregate than those applying to the Director immediately before that commencement.\n\nS. 49  \ninserted by No. 61/1996  \ns. 67.\n\n\t49 Transfer of staff\n\n(1) On and from the commencement of section 67 of the **Arts Institutions (Amendment) Act 1996**, any officer or employee designated under section 45—\n\n(a) becomes an employee of the Board; and\n\n(b) is entitled to remuneration, terms and conditions determined by the Minister to be no less favourable in aggregate than those which he or she received or was entitled to receive immediately before that commencement as such an officer or employee; and\n\n(c) retains any entitlement to long service leave, annual leave, sick leave or other leave accrued or accruing to that person immediately before that commencement.\n\n(2) If a person who becomes an employee of the Board under this Division was, immediately before the transfer, an officer within the meaning of the **State Superannuation Act 1988** or a corresponding previous enactment, he or she continues, subject to that Act, to be an officer within the meaning of that Act while serving with the Board.\n\n(3) For the purpose of long service leave entitlements as employees of the Board of those transferred under this Division, their service with the public service must be taken to be service with the Board.\n\n(4) There must be paid out of the Consolidated Fund (which is, by this subsection, appropriated to the necessary extent) any amount determined from time to time by the Treasurer after consultation with the Minister to be the component of any entitlement to pay in lieu of long service leave attributable to the service with the public service of a person transferred under this Division.\n\nSchedule\n\nSch. 1 amended by Nos 10087 s. 3(1)(Sch. 1 items 175, 176), 7/1992 s. 11(c), substituted by No. 100/1995 s. 46(1).[[2]](#endnote-3)\n\nSchedule 1––Exhibition land\n\n![]()\n\n—————————\n\nSch. 2 repealed by No. 7/1992 s. 3(f).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Museums Act 1983** was assented to on 15 June 1983 and came into operation on 1 July 1983: Government Gazette 22 June 1983 page 1709.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Museums Act 1983** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| Assent Date: | 22.5.84 |\n| --- | --- |\n| Commencement Date: | 22.5.84: subject to s. 3(2) |\n| Current State: | All of Act in operation |\n\n\n**State Superannuation Act 1988, No. 50/1988**\n\n| Assent Date: | 24.5.88 |\n| --- | --- |\n| Commencement Date: | S. 93(2)(Sch. 2 Pt 2 item 38) on 1.7.88: Government Gazette 1.6.88 p. 1487 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Libraries Act 1988, No. 80/1988**\n\n| Assent Date: | 20.12.88 |\n| --- | --- |\n| Commencement Date: | 24.5.89: Government Gazette 24.5.89 p. 1222 |\n| Current State: | All of Act in operation |\n\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989**\n\n| Assent Date: | 9.5.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(Sch. 2 item 84.1) on 1.11.89: Government Gazette 1.11.89 p. 2789 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| --- | --- |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n| Current State: | All of Act in operation |\n\n\n**Libraries (Amendment) Act 1992, No. 7/1992**\n\n| Assent Date: | 5.5.92 |\n| --- | --- |\n| Commencement Date: | S. 11 on 1.7.83: s. 2(2); rest of Act on 11.8.92: Special Gazette (No. 43) 11.8.92 p. 1 |\n| Current State: | All of Act in operation |\n\n\n**Arts Institutions (Amendment) Act 1994, No. 29/1994**\n\n| Assent Date: | 31.5.94 |\n| --- | --- |\n| Commencement Date: | 31.5.94 |\n| Current State: | All of Act in operation |\n\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 44) on 7.7.94: Government Gazette 7.7.94 p. 1878—see **Interpretation of Legislation Act 1984**; s. 4(Sch. 2 item 57) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| --- | --- |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 items 27.1, 27.2 on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995**\n\n| Assent Date: | 5.12.95 |\n| --- | --- |\n| Commencement Date: | Pt 17 (ss 40–46) on 1.4.96: Government Gazette 21.3.96 p. 718 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995**\n\n| Assent Date: | 5.12.95 |\n| --- | --- |\n| Commencement Date: | 1.1.96: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Zoological Parks and Gardens Act 1995, No. 106/1995**\n\n| Assent Date: | 5.12.95 |\n| --- | --- |\n| Commencement Date: | Ss 1, 2 on 5.12.95: s. 2(1); rest of Act on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1 |\n| Current State: | All of Act in operation |\n\n\n**Arts Institutions (Amendment) Act 1996, No. 61/1996**\n\n| Assent Date: | 17.12.96 |\n| --- | --- |\n| Commencement Date: | S. 64 on 17.12.96: s. 2(1); ss 35–37(1), 38–47, 49(1), 53–63, 65, 66 on 6.2.97: Government Gazette 6.2.97 p. 257—see **Interpretation of Legislation Act 1984**;  ss 37(2), 48, 49(2)(3), 50–52, 67 on 1.1.98: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Melbourne Convention and Exhibition Trust Act 1996, No. 71/1996**\n\n| Assent Date: | 17.12.96 |\n| --- | --- |\n| Commencement Date: | S. 36 on 5.2.97: Special Gazette (No. 16) 5.2.97 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 54) on 1.6.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Victorian Arts Centre (Amendment) Act 2001, No. 66/2001**\n\n| Assent Date: | 23.10.01 |\n| --- | --- |\n| Commencement Date: | S. 8 on 24.10.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 139) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| --- | --- |\n| Commencement Date: | S. 26(Sch. item 74) on 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 43) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Subordinate Legislation Amendment Act 2010, No. 78/2010**\n\n| Assent Date: | 19.10.10 |\n| --- | --- |\n| Commencement Date: | S. 24(Sch. 1 item 21) on 1.1.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| *Assent Date:* | 12.8.14 |\n| --- | --- |\n| *Commencement Date:* | S. 9(Sch. 2 item 11) on 1.3.15: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n\n\n**Melbourne Convention and Exhibition Trust Amendment Act 2024, No. 38/2024**\n\n| Assent Date: | 22.10.24 |\n| --- | --- |\n| Commencement Date: | S. 17 on 5.2.25: Special Gazette (No. 29) 4.2.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Museums Act 1983** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 34(3)–(6):\n\n  S. 34(3) repealed by No. 7/1992 s. 3(d).\n\n  S. 34(4) amended by No. 80/1988 s. 55(5)(b), repealed by No. 7/1992 s. 3(d).\n\n  S. 34(5) substituted by No. 18/1989 s. 13(Sch. 2 item 59), repealed by No. 7/1992 s. 3(d).\n\n  S. 34(6) repealed by No. 7/1992 s. 3(d). [↑](#endnote-ref-2)\n\n2. Sch. 1: The amendment proposed by section 54 of the **Zoological Parks and Gardens Act 1995**, No. 106/1995 is not included in this publication as the clause to be repealed no longer exists. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient legislative content was provided to definitively assess whether the scope changed from the original intent. Based on the metadata alone, the Act appears to remain focused on its original purpose of governing public museums in Victoria. No evidence of significant scope expansion or contraction is apparent from the information supplied."},"complexity_factors":["Limited content was provided in the legislation text — only metadata and version history were visible, making full analysis impossible","Institutional governance legislation typically involves multiple overlapping bodies with distinct roles and powers","Acts of this era (1980s) often use older drafting styles that can be harder to interpret","May interact with other Victorian cultural heritage, public administration, or employment laws","Version history suggests the Act has been amended over time, potentially adding layers of complexity"],"plain_english_summary":"The Museums Act 1983 sets out Victoria’s legal framework for establishing and running public museums, creating governing bodies, defining powers and responsibilities, and protecting public collections. \n\nIt affects museum staff, the public, government accountable for funding and oversight, and researchers and educators who use collections — providing the legal authority to hold, manage and safeguard the state’s cultural, scientific and historical heritage."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act has moved from establishing advisory bodies and a Council (original 1983 structure) to a consolidated Museums Board with corporate status and expanded property management powers. Key scope shifts include vesting Exhibition land in the Crown and vesting management in the Board (ss 40–41), explicit power to grant long leases/licences and strata arrangements (s 42), addition of film‑permit rules linked to the Filming Approval Act (s 3; ss 31(2A), 31A(3)), and strengthened ministerial direction over the Board (s 22A). Transitional provisions (ss 35–39, 49) effect asset, liability and staff transfers that alter institutional responsibilities."},"complexity_factors":["Cross‑references and interactions with numerous other Acts (e.g. Filming Approval Act 2014 (s 3), Crown Land (Reserves) Act 1978 (ss 40–44), Public Administration Act 2004 (s 11(11)))","Extensive transitional and vesting provisions transferring assets, liabilities and staff from previous bodies to the Board or Council (ss 33–39, 45, 49)","Broad discretionary powers for the Board to contract, accept donations, charge fees and make by‑laws (ss 24(2)(a),(b),(j); 31A)","Ministerial control and directions over Board functions (s 22A) creating administrative discretion above the Board","Property and land management rules allowing vesting in the Crown, long leases/licences (up to 50 years) and strata arrangements for Exhibition land, with carve‑outs from general Crown land rules (ss 40–42)","Specific film‑permit constraints tying regulations and by‑laws to film friendly principles (ss 3, 31(2A), 31A(3))","Governance detail on appointments, terms, conflicts of interest and indemnities for members and officers (ss 11, 12A, 13, 14, 17)","Financial and trust treatment: separate Board account, special trust money exceptions, borrowing/investment powers and audit provisions (ss 28–30)","Delegation and committee arrangements enabling function transfers within the Board (ss 15–16)","Multiple historical amendments and repeals across decades increasing interpretive complexity (table of amendments and endnotes)"],"plain_english_summary":"This Act establishes the Museums Board of Victoria as a corporate body to run the Museum of Victoria and manage the Exhibition land, sets out board composition, a CEO, staff arrangements and governance rules, and gives the Board powers to hold State collections, accept gifts, charge fees, enter contracts and grant leases or licences (including long leases and strata arrangements). It makes the Board subject to ministerial direction and adds rules on by-laws, film permits, indemnities and transitional transfers of property and staff."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1983 purpose. Originally established to create the Museums Advisory Board and Council of the Museum of Victoria while abolishing three existing bodies (Building Trustees, Science Museum Council, and National Museum Council), the Act has expanded to: (1) absorb the Exhibition Trustees and the Royal Exhibition Building (1995 amendments); (2) abolish the Museums Advisory Board and restructure as the Museums Board of Victoria (1996 amendments); (3) incorporate filming approval legislation (2014 amendments); and (4) establish reciprocal arrangements with the Victorian Convention and Event Trust (2024 amendments). The Act now functions as comprehensive governance legislation for both museum operations and major event venue management, rather than merely coordinating advisory bodies."},"complexity_factors":["Multiple structural reorganisations: The Act has undergone significant restructuring through amendments (notably 1996 and 1995), resulting in transitional provisions spread across three separate Divisions (7, 8, and 10) dealing with different historical transitions","Extensive amendment history: 22 amending Acts since 1983, with many sections showing multiple amendment layers (e.g., section 11 amended by Acts in 1992, 1994, 1995, 1996, 1998, 2004, and 2006)","Cross-references to multiple external Acts: References to Crown Land (Reserves) Act 1978, Land Act 1958, Public Administration Act 2004, Financial Management Act 1994, Borrowing and Investment Powers Act 1987, Filming Approval Act 2014, and State Superannuation Act 1988","Nested conditional logic in section 24(3): Three alternative conditions for disposing of State collection items, with the first requiring Governor in Council approval and the others providing specific exceptions","Complex transitional arrangements: Division 8 (sections 37–39) and Division 10 (sections 45–49) deal with transfers of staff, assets, and liabilities from abolished bodies (Exhibition Trustees, Museums Advisory Board) with specific deeming provisions and protection of employment conditions","Dual rule-making powers: Both the Governor in Council (regulations under section 31) and the Board itself (by-laws under section 31A) can make rules, with specific limitations (e.g., filming permit rules must not be inconsistent with 'film friendly principles')","Specific land management provisions: Sections 40–44 contain detailed provisions about the Exhibition land including reservation status, vesting in Crown, lease terms up to 50 years, and interaction with Carlton Gardens","Indemnity provisions with nested conditions: Section 14 provides indemnity from the Consolidated Fund only if the member honestly and reasonably believed the conduct was required or authorised"],"plain_english_summary":"**What this legislation does**\n\nThis Act establishes and governs the **Museums Board of Victoria** (formerly the Council of the Museum of Victoria), which runs Melbourne Museum, Scienceworks, the Immigration Museum, and manages the Royal Exhibition Building and Carlton Gardens.\n\n**Key things the Act covers:**\n\n*   **Creating the Board**: Sets up the Museums Board as a legal body (a \"body corporate\") that can own property, enter contracts, and sue or be sued. The Board has 7–11 members appointed by the Governor in Council (the Premier and Cabinet), with at least half coming from universities, business, or distinguished experts in relevant fields.\n*   **What the Board does**: Controls and develops the Museum of Victoria, maintains State collections (natural history, Indigenous culture, social history, science and technology), conducts research, provides educational programs, and advises the government on museum matters.\n*   **Managing the Royal Exhibition Building**: Gives the Board control over the Exhibition land (the Royal Exhibition Building and surrounding area), including leasing parts of it for car parks or other uses that don't interfere with museum purposes.\n*   **Protecting collections**: Prevents the Board from selling or disposing of State collection items without Governor in Council approval, unless the item is a duplicate being exchanged with another museum.\n*   **Staff and CEO**: Allows the Board to appoint a Chief Executive Officer (with Ministerial approval), employ staff, and engage consultants.\n*   **Money and audits**: Requires the Board to maintain a bank account, gives it borrowing powers under separate legislation, and subjects it to financial oversight.\n*   **Rules and penalties**: Lets the Governor in Council make regulations and allows the Board to make by-laws (internal rules) for managing its buildings and collections, with penalties up to 2 penalty units for breaches.\n*   **Filming**: Incorporates the Filming Approval Act 2014, meaning filming permits on museum land must follow \"film friendly principles.\"\n\n**Who it affects**\n\n*   Visitors to Melbourne Museum, Scienceworks, and the Immigration Museum\n*   Researchers using State collections\n*   Tenants and event organisers using the Royal Exhibition Building\n*   Film crews seeking permits to shoot on museum premises\n*   Staff employed by Museums Victoria\n\n**Why it matters**\n\nThis Act protects Victoria's cultural and scientific heritage by ensuring the State's museum collections are properly maintained and accessible to the public. It also governs one of Australia's most significant heritage buildings—the Royal Exhibition Building (a UNESCO World Heritage site)—balancing public access, commercial use, and preservation."}},"importantCases":[],"_links":{"self":"/api/acts/museums-act-1983","history":"/api/acts/museums-act-1983/history","analysis":"/api/acts/museums-act-1983/analysis","conflicts":"/api/acts/museums-act-1983/conflicts","importantCases":"/api/acts/museums-act-1983/important-cases","documents":"/api/acts/museums-act-1983/documents"}}