{"id":"nsw:act-2022-042","name":"Museums of History NSW Act 2022","slug":"museums-of-history-nsw-act-2022","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"42 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28983,"registerId":"nsw-act-2022-042-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Museums of History NSW Act 2022](/view/html/inforce/current/act-2022-042).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences as follows—\n> \n> > (a) for Schedule 4\\[1\\], \\[3\\], \\[17\\] and \\[21\\]–\\[25\\]—on 1 January 2024,\n> \n> > (b) otherwise—on 31 December 2022.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> acquire includes purchase or lease.\n> \n> advisory committee means an advisory committee established under Schedule 1, section 7.\n> \n> Board means the Board of Museums of History NSW.\n> \n> building includes—\n> \n> > (a) part of a building, and\n> \n> > (b) a structure or part of a structure, and\n> \n> > (c) associated grounds or works.\n> \n> Chief Executive Officer means the person employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) as the Chief Executive Officer of Museums of History NSW.\n> \n> control, of a State record, has the same meaning as in the [State Records Act 1998](/view/html/inforce/current/act-1998-017).\n> \n> exercise a function includes perform a duty.\n> \n> function includes the following—\n> \n> > (a) power,\n> \n> > (b) authority,\n> \n> > (c) duty.\n> \n> gift includes the following—\n> \n> > (a) devise,\n> \n> > (b) bequest.\n> \n> member means a member of the Board appointed under section 7.\n> \n> record has the same meaning as in the [State Records Act 1998](/view/html/inforce/current/act-1998-017).\n> \n> significant building or site—see section 13.\n> \n> site includes associated works.\n> \n> State archive means a State record that Museums of History NSW has control of under the [State Records Act 1998](/view/html/inforce/current/act-1998-017).\n> \n> State record has the same meaning as in the [State Records Act 1998](/view/html/inforce/current/act-1998-017).\n> \n> written notice includes electronic communication.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> **s 3:** Am 2024 No 34, Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Relationship with certain other Acts","content":"#### 4 Relationship with certain other Acts\n\n4 Relationship with certain other Acts\n\n> This Act does not—\n> \n> > (a) affect the operation of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), or\n> \n> > (b) apply to land reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of Museums of History NSW","content":"# Part 2 Constitution and management of Museums of History NSW\n\nPart 2 Constitution and management of Museums of History NSW","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Museums of History NSW","content":"#### 5 Constitution of Museums of History NSW\n\n5 Constitution of Museums of History NSW\n\n> There is constituted by this Act a body corporate with the corporate name of Museums of History NSW.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Status of Museums of History NSW","content":"#### 6 Status of Museums of History NSW\n\n6 Status of Museums of History NSW\n\n> > (1) Museums of History NSW is a statutory body representing the Crown.\n> > \n> > Note—\n> > \n> > See the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 13A.\n> \n> > (2) Museums of History NSW is subject to the control and direction of the Minister in the exercise of its functions.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Board of Museums of History NSW","content":"#### 7 Board of Museums of History NSW\n\n7 Board of Museums of History NSW\n\n> > (1) There is a Board of Museums of History NSW.\n> \n> > (2) The general policies and strategic direction of Museums of History NSW is to be decided by the Board.\n> \n> > (3) The Board consists of 12 members appointed by the Governor on the recommendation of the Minister.\n> \n> > (4) The appointed members must include the following—\n> > \n> > > (a) at least 1 person who has knowledge of, or experience in, history or the archival profession,\n> > \n> > > (b) at least 1 person who has knowledge of, or experience in, heritage,\n> > \n> > > (c) at least 1 person who has knowledge of, or experience in, First Nations cultures,\n> > \n> > > (d) at least one young person.\n> \n> > (5) The Minister must appoint—\n> > \n> > > (a) 1 of the appointed members as the Chairperson of the Board, and\n> > \n> > > (b) 1 of the appointed members as the Deputy Chairperson of the Board.\n> \n> > (6) Schedule 1 contains provisions relating to the constitution and procedure of the Board.\n> \n> > (7) In this section—\n> > \n> > young person means a person who, at the time of appointment as a member, is—\n> > \n> > > (a) at least 18 years of age, and\n> > \n> > > (b) not more than 28 years of age.\n> \n> **s 7:** Am 2025 No 39, Sch 5\\[1\\]–\\[3\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Chief Executive Officer","content":"#### 8 Chief Executive Officer\n\n8 Chief Executive Officer\n\n> > (1) The Minister must consult the Board before appointing a person to the office of Chief Executive Officer.\n> \n> > (2) The Chief Executive Officer is responsible for the day-to-day management of the affairs of Museums of History NSW.\n> \n> > (3) The Chief Executive Officer must exercise the Chief Executive Officer’s functions in accordance with the general directions, including policies, of the Board.\n> \n> > (4) Anything done on behalf of Museums of History NSW by, or with the authority of, the Chief Executive Officer is taken to have been done by Museums of History NSW.\n> \n> > (5) The Chief Executive Officer may participate in meetings of the Board, but is not entitled to vote at the meetings.\n> \n> > (6) (Repealed)\n> \n> **s 8:** Am 2024 No 34, Sch 1\\[2\\] \\[3\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Staff","content":"#### 9 Staff\n\n9 Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable Museums of History NSW to exercise its functions.\n> \n> Note—\n> \n> The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 59 provides that the persons employed, or whose services Museums of History NSW makes use of, may be referred to as officers or employees, or members of staff, of Museums of History NSW. The [Constitution Act 1902](/view/html/inforce/current/act-1902-032), section 47A precludes Museums of History NSW from employing staff.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Objects and functions of Museums of History NSW","content":"# Part 3 Objects and functions of Museums of History NSW\n\nPart 3 Objects and functions of Museums of History NSW","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Objects of Museums of History NSW","content":"#### 10 Objects of Museums of History NSW\n\n10 Objects of Museums of History NSW\n\n> The main objects of Museums of History NSW are as follows—\n> \n> > (a) to collect, manage and preserve the following (the collection)—\n> > \n> > > (i) State archives,\n> > \n> > > (ii) significant buildings and sites,\n> > \n> > > (iii) objects and materials related to significant buildings and sites,\n> \n> > (b) to increase—\n> > \n> > > (i) public knowledge and enjoyment of the collection, and\n> > \n> > > (ii) access to the collection,\n> \n> > (c) to promote—\n> > \n> > > (i) knowledge and appreciation of history, and\n> > \n> > > (ii) the stories that shape the social, historical, political and cultural identity of New South Wales,\n> \n> > (d) to achieve the objects described in paragraphs (a)–(c) across the State, including in regional and rural New South Wales.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Functions of Museums of History NSW","content":"#### 11 Functions of Museums of History NSW\n\n11 Functions of Museums of History NSW\n\n> > (1) Museums of History NSW has the following functions—\n> > \n> > > (a) to acquire, control and manage significant buildings and sites,\n> > \n> > > (b) certain functions under the [State Records Act 1998](/view/html/inforce/current/act-1998-017),\n> > \n> > > (c) functions conferred on it by this Act or another Act or law,\n> > \n> > > (d) functions supplementary or incidental to the exercise of its other functions, including the following—\n> > > \n> > > > (i) entering contracts or arrangements,\n> > > \n> > > > (ii) charging fees for goods or services, including permissions given,\n> > > \n> > > > (iii) applying for licences, permits or other authorities,\n> > > \n> > > > (iv) anything prescribed by the regulations.\n> \n> > (2) A fee received under subsection (1)(d)(ii) is to be kept for use by Museums of History NSW.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Delegation of functions","content":"#### 12 Delegation of functions\n\n12 Delegation of functions\n\n> Museums of History NSW may delegate the exercise of a function, other than this power of delegation, to the following—\n> \n> > (a) a member of the Board,\n> \n> > (b) an advisory committee,\n> \n> > (c) the Chief Executive Officer,\n> \n> > (d) a member of staff of Museums of History NSW.\n> \n> **s 12:** Subst 2024 No 34, Sch 1\\[4\\].","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Significant buildings and sites","content":"## Division 2 Significant buildings and sites\n\nDivision 2 Significant buildings and sites","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of “significant building or site”","content":"#### 13 Meaning of “significant building or site”\n\n13 Meaning of “significant building or site”\n\n> In this Act, a significant building or site means a building or site that, in the opinion of Museums of History NSW, holds architectural, social, historical, cultural or political significance for the history or identity of the State.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Powers related to significant buildings and sites","content":"#### 14 Powers related to significant buildings and sites\n\n14 Powers related to significant buildings and sites\n\n> > (1) Museums of History NSW may do the following in pursuing its objects—\n> > \n> > > (a) acquire a building or site for—\n> > > \n> > > > (i) exhibition, or\n> > > \n> > > > (ii) restoration, or\n> > > \n> > > > (iii) maintenance, or\n> > > \n> > > > (iv) another purpose approved by the Minister,\n> > \n> > > (b) lend property in circumstances Museums of History NSW thinks fit,\n> > \n> > > (c) permit members of the public to enter a significant building or site under its control or management,\n> > \n> > > (d) permit the use of a significant building or site under its control or management for the following if, in the opinion of Museums of History NSW, it is appropriate for the building or site—\n> > > \n> > > > (i) a conference or meeting,\n> > > \n> > > > (ii) an educational, cultural or other activity,\n> > > \n> > > > (iii) a function or event,\n> > > \n> > > > (iv) photography or as a set for audio or video production,\n> > > \n> > > > (v) the provision of food or beverages by Museums of History NSW or another person,\n> > \n> > > (e) promote or provide educational services, including exhibitions, lectures and films,\n> > \n> > > (f) engage the services of and pay fees to persons including—\n> > > \n> > > > (i) consultants or photographers, or\n> > > \n> > > > (ii) artists, entertainers, lecturers or performers engaged to appear at a significant building or site under its control or management.\n> \n> > (2) Museums of History NSW may agree to a condition being imposed in relation to the acquisition of property if the condition is not inconsistent with its objects.\n> \n> > (3) The rule of law against remoteness of vesting does not apply to the condition.\n> \n> > (4) Museums of History NSW may impose conditions in relation to the admission of the public to, or the use of, a significant building or site under its control or management.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Suitability investigations","content":"#### 15 Suitability investigations\n\n15 Suitability investigations\n\n> > (1) Museums of History NSW may conduct reasonable investigations for the purpose of deciding if a building or site is suitable for control and management by Museums of History NSW as a significant building or site.\n> \n> > (2) The Minister may, by written notice given to Museums of History NSW, impose conditions on the conduct of investigations under this section.\n> \n> > (3) Museums of History NSW must comply with the conditions in relation to the investigation.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Acquisition of significant buildings and sites","content":"#### 16 Acquisition of significant buildings and sites\n\n16 Acquisition of significant buildings and sites\n\n> > (1) The Minister may authorise Museums of History NSW to acquire a building or site.\n> \n> > (2) The authorisation must be given by written notice.\n> \n> > (3) The Minister may give the authorisation only if satisfied that the building or site is suitable for control and management by Museums of History NSW as a significant building or site.\n> \n> > (4) Museums of History NSW may acquire the building or site in accordance with the authorisation.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Acquisition of significant building or site vested in public authority","content":"#### 17 Acquisition of significant building or site vested in public authority\n\n17 Acquisition of significant building or site vested in public authority\n\n> > (1) The Governor may, by order published in the Gazette, declare that land vested in a public authority is divested from the public authority and vested in Museums of History NSW for the estate or interest specified in the order.\n> \n> > (2) The Governor may make the order if requested by the Minister.\n> \n> > (3) The Minister may request the Governor to make the order if—\n> > \n> > > (a) the Minister has consulted the public authority, and\n> > \n> > > (b) is satisfied the land is suitable for control and management by Museums of History NSW as a significant building or site.\n> \n> > (4) On publication of the order in the Gazette—\n> > \n> > > (a) a dedication described in the order in relation to the land is revoked, and\n> > \n> > > (b) the land is vested in Museums of History NSW for the estate or interest specified in the order, and\n> > \n> > > (c) the land is discharged from all trusts affecting the land immediately before publication, other than a trust specified in the order as not being discharged, and\n> > \n> > > (d) personal property of the public authority, including all rights and interests in the property, is vested in Museums of History NSW if the property—\n> > > \n> > > > (i) immediately before publication, was used by the authority in connection with the land, and\n> > > \n> > > > (ii) is specified in the order, and\n> > \n> > > (e) an agreement or undertaking entered into by the public authority in connection with the land is taken to be entered into by Museums of History NSW, and\n> > \n> > > (f) a security or charge over the land is taken to have been given by Museums of History NSW, and\n> > \n> > > (g) a condition subject to which the public authority acquired personal property or a right or interest in personal property by gift is taken to be agreed to by Museums of History NSW under section 14(2).\n> \n> > (5) A dispute between a public authority and Museums of History NSW about an order under this section must be resolved by the Premier.\n> \n> > (6) In this section—\n> > \n> > dedication includes a reservation or other setting apart of land.\n> > \n> > public authority means—\n> > \n> > > (a) the Crown, or\n> > \n> > > (b) a Minister of the Crown, or\n> > \n> > > (c) a statutory body representing the Crown, or\n> > \n> > > (d) a constructing authority under the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045) or another Act that provides for the application of provisions of that Act.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Restoration or alteration of significant buildings and sites","content":"#### 18 Restoration or alteration of significant buildings and sites\n\n18 Restoration or alteration of significant buildings and sites\n\n> > (1) Museums of History NSW may carry out, or arrange for the carrying out of, in relation to a significant building or site under its control or management—\n> > \n> > > (a) restoration works, or\n> > \n> > > (b) alterations or improvements.\n> \n> > (2) The Minister may, by written notice given to Museums of History NSW, impose conditions on restoration works carried out under this section.\n> \n> > (3) Museums of History NSW must ensure the restoration works are carried out in accordance with the conditions.\n> \n> > (4) Museums of History NSW may make conservation management plans that apply to 1 or more significant buildings or sites under its control or management.\n> \n> > (5) A conservation management plan must be approved by the Board.\n> \n> > (6) Museums of History NSW must ensure alterations or improvements are carried out in accordance with a conservation management plan that applies to the significant building or site.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Disposal of property","content":"#### 19 Disposal of property\n\n19 Disposal of property\n\n> > (1) Museums of History NSW must not dispose of property, except—\n> > \n> > > (a) for real property acquired without conditions—with the approval of the Governor, or\n> > \n> > > (b) for other property acquired without conditions—with the approval of the Minister, or\n> > \n> > > (c) for property acquired subject to a condition—\n> > > \n> > > > (i) in accordance with the condition, or\n> > > \n> > > > (ii) in accordance with subsection (3).\n> \n> > (2) An approval of the Governor or Minister may be given in relation to particular property or a class of property.\n> \n> > (3) Museums of History NSW may dispose of property acquired subject to a condition other than in accordance with the condition if—\n> > \n> > > (a) it resolves that the property is no longer required for its purposes, and\n> > \n> > > (b) the Governor approves the disposal, and\n> > \n> > > (c) the disposal is carried out in accordance with any conditions imposed by the Governor as part of the Governor’s approval.\n> \n> > (4) Museums of History NSW may dispose of property under subsection (3) by—\n> > \n> > > (a) selling the property and keeping for its use the proceeds of the sale, or\n> > \n> > > (b) exchanging the property for other property, or\n> > \n> > > (c) giving the property to an organisation whose rules or objects require its resources to be used wholly or predominantly for the promotion of education in Australia, or\n> > \n> > > (d) if Museums of History NSW is of the opinion that the property is of no commercial value—disposing of the property otherwise than for valuable consideration.\n> \n> > (5) In this section—\n> > \n> > condition means a condition to which Museums of History NSW has agreed under section 14(2).\n> > \n> > dispose includes sell, mortgage or lease for a term of more than 6 months.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Acquisition of other property","content":"#### 20 Acquisition of other property\n\n20 Acquisition of other property\n\n> > (1) Museums of History NSW may acquire property—\n> > \n> > > (a) to be the offices of Museums of History NSW, or\n> > \n> > > (b) to be residential accommodation for the caretaker of a significant building or site under its control or management, or\n> > \n> > > (c) for another purpose reasonably necessary for, or incidental to, the exercise of the functions of Museums of History NSW.\n> \n> > (2) The Minister may, by written notice given to Museums of History NSW, impose conditions on the acquisition of property under this section.\n> \n> > (3) Museums of History NSW must comply with the conditions in relation to the acquisition.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Throsby Park Historic Site","content":"#### 21 Throsby Park Historic Site\n\n21 Throsby Park Historic Site\n\n> > (1) Museums of History NSW must not dispose of the fee simple estate in Throsby Park Historic Site, unless specifically authorised by an Act of Parliament.\n> \n> > (2) Museums of History NSW may, subject to conditions it thinks fit—\n> > \n> > > (a) lease Throsby Park Historic Site, or\n> > \n> > > (b) dispose of an interest, other than the fee simple, in Throsby Park Historic Site, or\n> > \n> > > (c) create an estate or interest in Throsby Park Historic Site.\n> \n> > (3) A lease or licence granted under this section must not have a term that, together with the term of a further lease or licence that may be granted under an option, is more than 99 years.\n> \n> > (4) In this section—\n> > \n> > Throsby Park Historic Site means the following land at Moss Vale—\n> > \n> > > (a) Lot K, Filed Plan 109154,\n> > \n> > > (b) Lot 1, DP 580481,\n> > \n> > > (c) Lot 4, DP 730956.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Exemption from Duties Act 1997","content":"#### 22 Exemption from Duties Act 1997\n\n22 Exemption from [Duties Act 1997](/view/html/inforce/current/act-1997-123)\n\n> The [Duties Act 1997](/view/html/inforce/current/act-1997-123) does not apply in relation to—\n> \n> > (a) a gift made, or to be made, to Museums of History NSW, or\n> \n> > (b) the transfer of assets, rights or liabilities under section 17.","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":"State archives and records","content":"## Division 3 State archives and records\n\nDivision 3 State archives and records","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Functions related to State archives and records","content":"#### 23 Functions related to State archives and records\n\n23 Functions related to State archives and records\n\n> > (1) Museums of History NSW has functions under the [State Records Act 1998](/view/html/inforce/current/act-1998-017), including functions relating to the following—\n> > \n> > > (a) records management services,\n> > \n> > > (b) assuming control of State records that are not currently in use,\n> > \n> > > (c) recovering estrays and other State records,\n> > \n> > > (d) facilitating public access to State records,\n> > \n> > > (e) copying and publishing State archives,\n> > \n> > > (f) exercising a right of the Crown as the owner of copyright subsisting in a State archive.\n> \n> > (2) In this section—\n> > \n> > estrays has the same meaning as in the [State Records Act 1998](/view/html/inforce/current/act-1998-017).","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Personal liability","content":"#### 24 Personal liability\n\n24 Personal liability\n\n> > (1) A protected person is not personally subject to liability for anything done or omitted to be done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purpose of exercising a function under this Act.\n> \n> > (2) The liability attaches to the Crown instead.\n> \n> > (3) In this section—\n> > \n> > liability—\n> > \n> > > (a) means civil liability, and\n> > \n> > > (b) includes an action, claim or demand.\n> > \n> > protected person means—\n> > \n> > > (a) a member of the Board, or\n> > \n> > > (b) a member of an advisory committee, or\n> > \n> > > (c) the Chief Executive Officer, or\n> > \n> > > (d) a person acting under the direction of 1 of the following—\n> > > \n> > > > (i) Museums of History NSW,\n> > > \n> > > > (ii) the Board,\n> > > \n> > > > (iii) an advisory committee,\n> > > \n> > > > (iv) the Chief Executive Officer.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n25 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, about a matter that is—\n> > \n> > > (a) required or permitted by this Act to be prescribed, or\n> > \n> > > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may provide for matters relating to the following—\n> > \n> > > (a) the constitution or procedures of the Board,\n> > \n> > > (b) advisory committees,\n> > \n> > > (c) the use of a significant building or site or other property of Museums of History NSW,\n> > \n> > > (d) services provided by Museums of History NSW,\n> > \n> > > (e) the parking or movement of vehicles on land controlled or managed by Museums of History NSW.\n> \n> > (3) The regulations may create offences punishable by a maximum penalty of 5 penalty units.\n> \n> > (4) Proceedings for an offence under the regulations are to be dealt with summarily before the Local Court.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n26 (Repealed)","sortOrder":32},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Constitution and procedure of Board","content":"# Schedule 1 Constitution and procedure of Board\n\nSchedule 1 Constitution and procedure of Board\n\nsection 7","sortOrder":34},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2024 No 34, Sch 1\\[5\\].","sortOrder":54},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**sch 3:** Am 2024 No 34, Sch 1\\[6\\].","sortOrder":55},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.","sortOrder":66}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act replaces and dissolves the Historic Houses Trust and establishes Museums of History NSW, vesting the Trust’s assets, rights and liabilities in the new body and making Museums responsible for significant buildings, sites and State archives (Schedule 3 Pt 2 ss 3–5; s10; s11; s23). This transfers legal ownership and ongoing proceedings to the new statutory body and broadens a single entity’s remit over collections and sites."},"complexity_factors":["Interaction with multiple statutes and exclusions (does not affect Heritage Act 1977; interacts with State Records Act 1998 and Duties Act 1997) (s4, s23, s22).","Broad, opinion‑based definition of ‘significant building or site’ gives Museums discretion to decide what falls in scope (s13).","Ministerial and gubernatorial powers to authorise acquisitions, impose conditions and vest public‑authority land (s16, s17, s14(2)).","Vesting of assets, liabilities and rights from the Historic Houses Trust without further conveyance and continuation of proceedings (Schedule 3 Pt 2, s5).","Board constitution, appointment, removal, term limits and delegation rules create layered governance and administrative requirements (s7, s12; Schedule 1 ss2–6).","Conditions on investigations, restoration works and acquisitions impose administrative compliance obligations (s15, s18, s20(2)).","Financial and incentive provisions: power to charge and retain fees and exemptions from Duties Act affect revenue and donor behaviour (s11(1)(d)(ii), s11(2), s22).","Liability allocation shifts civil liability from protected persons to the Crown, affecting risk and insurance posture (s24).","Regulation‑making power includes creating offences and penalties, adding compliance and enforcement complexity (s25(1)–(3))."],"plain_english_summary":"Creates Museums of History NSW as a new statutory Crown body that takes over the Historic Houses Trust’s assets and liabilities and is empowered to acquire, manage, restore and open “significant buildings and sites” and to hold and provide access to State archives. It affects the Minister, a Governor‑appointed Board, staff, public authorities holding land, donors and visitors, and sets who decides on acquisitions, disposals, conditions, fees and day‑to‑day management."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to match its original intent. It replaces the Historic Houses Trust with a broader entity (Museums of History NSW) that combines historic house management with state archives functions — a consolidation rather than scope creep. The 2024 amendments regarding the Chief Executive Officer's employment status are minor administrative adjustments. No significant expansion beyond the original purpose of heritage preservation and public access."},"complexity_factors":["Moderate length statute (approximately 60 sections/schedules) with straightforward structure","15 defined terms in section 3, plus additional definitions in schedules — manageable but not minimal","Cross-references to 6+ other Acts (State Records Act 1998, Heritage Act 1977, Government Sector Employment Act 2013, etc.) requiring external context","Conditional disposal rules in section 19 with nested exceptions (property acquired with/without conditions, Governor vs Minister approval)","Detailed transitional provisions in Schedule 3 dissolving the former Historic Houses Trust and transferring assets/liabilities","Specific land parcel references for Throsby Park (Lot K FP 109154, etc.) creating precise but narrow technicality","Standard governance provisions (Board composition, quorum, pecuniary interests) that follow templates but add procedural bulk"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Museums of History NSW** — a new government body that took over from the old Historic Houses Trust. It's essentially the state's official keeper of history, managing historic buildings, archives, and collections across New South Wales.\n\n**Who it affects:**\n\n- **The general public** — anyone who visits historic sites like Vaucluse House or the Museum of Sydney, or who wants to access state archives\n- **History buffs and researchers** — who get access to preserved records and buildings\n- **Property owners near historic sites** — who might deal with the body when it investigates or acquires significant buildings\n- **Public servants** — staff employed to run the organisation, and board members appointed to govern it\n\n**Key things the body can do:**\n\n- **Collect and preserve** state archives, historic buildings, and objects that tell NSW's story\n- **Buy, lease, or receive gifts** of significant properties (with ministerial approval for major decisions)\n- **Run historic houses** as museums, event spaces, or educational venues\n- **Transfer land** from other government agencies directly to itself via Governor's order\n- **Charge fees** for entry, events, and services — and keep that money for its operations\n\n**Special protections:**\n\n- **Throsby Park** (a specific historic property near Moss Vale) cannot be sold off without a whole new Act of Parliament\n- Board members and staff get **personal legal protection** when acting in good faith\n- The body is **exempt from stamp duty** on gifts and certain transfers\n\n**Why it matters:**\n\nThis law consolidates how NSW protects its physical history. It gives Museums of History NSW real power to acquire and safeguard buildings that might otherwise be lost to development, while ensuring there's public access and regional outreach — not just Sydney-focused preservation."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended at least four times since it commenced in October 2022 (with versions dated January 2023, January 2024, June 2024, and October 2025), suggesting the scope or operational detail has evolved from the original legislation. However, without access to the full text and explanatory materials, the precise nature of those scope changes cannot be determined from the available information."},"complexity_factors":["Multiple amendments across several versions since 2022, meaning the current law differs from the original","Institutional governance legislation typically contains detailed provisions about board composition, functions, powers, and accountability mechanisms","Interaction with other legislation (such as heritage, property, and public sector laws) likely creates cross-referencing complexity","Full operative text was not available for analysis, limiting assessment of definitional or procedural complexity","Cultural property and collection management can raise complex questions about ownership, repatriation, and access rights"],"plain_english_summary":"The Museums of History NSW Act 2022 creates a single statutory body to manage New South Wales’ major history museums and public historical collections (including the Powerhouse Museum), modernising fragmented earlier laws. It affects museum staff, researchers, visitors and the NSW Government by defining governance, accountability and legal powers for the entity. The Act is overseen by the Minister for the Arts and has been amended, with key changes effective 1 October 2025."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/museums-of-history-nsw-act-2022","history":"/api/acts/museums-of-history-nsw-act-2022/history","analysis":"/api/acts/museums-of-history-nsw-act-2022/analysis","conflicts":"/api/acts/museums-of-history-nsw-act-2022/conflicts","importantCases":"/api/acts/museums-of-history-nsw-act-2022/important-cases","documents":"/api/acts/museums-of-history-nsw-act-2022/documents"}}