{"id":"C2004A00283","name":"National Gallery Act 1975","slug":"national-gallery-act-1975","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"61 of 1975","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":5873,"registerId":"commonwealth-C2004A00283-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the National Gallery Act 1975.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Chair means the Chair of the Council.\n\n> Council means the Council of the National Gallery of Australia.\n\n> Deputy Chair means the Deputy Chair of the Council.\n\n> Director means the Director of the National Gallery of Australia.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Fund means the National Gallery of Australia Fund established by subsection 36(1).\n\n> Gallery means the National Gallery of Australia established by this Act.\n\n> member means a member of the Council.\n\n> national collection means all works of art that are owned by the Gallery from time to time other than a work of art that is acquired, commissioned or produced by the Gallery for the purposes of sale.\n\n> part‑time member means a member of the Council appointed to be a part‑time member.\n\n  (2) A reference in this Act to any land or building owned by, or under the control of, the Gallery includes a reference to a part of any such land or a part of any such building, as the case may be.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"The National Gallery of Australia","content":"## Part II—The National Gallery of Australia","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of National Gallery of Australia","content":"#### 4 Establishment of National Gallery of Australia\n\n  (1) The National Gallery of Australia is established.\n  (2) The Gallery:\n    (a) is a body corporate;\n    (b) shall have a seal;\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue or be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Gallery. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Gallery shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.\n  (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Gallery affixed to a document and shall presume that it was duly affixed.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Gallery","content":"#### 6 Functions of Gallery\n\n  (1) The functions of the Gallery are:\n    (a) to develop and maintain a national collection of works of art; and\n    (b) to exhibit, or to make available for exhibition by others, in Australia or elsewhere, works of art from the national collection or works of art that are otherwise in the possession of the Gallery.\n  (2) The Gallery shall use every endeavour to make the most advantageous use of the national collection in the national interest.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Powers of Gallery","content":"#### 7 Powers of Gallery\n\n  (1) Subject to this Act, the Gallery has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.\n  (2) Without limiting the generality of subsection (1), the powers of the Gallery referred to in that subsection include power:\n    (a) to purchase or take on hire, to commission or produce, or to accept as a gift or on deposit or loan, works of art;\n    (b) to make available (whether by hire, loan, sale or otherwise) works of art;\n    (c) to accept gifts, devises, bequests or assignments made to the Gallery, whether on trust or otherwise, and whether unconditionally or subject to a condition and, if a gift, devise, bequest or assignment is accepted by the Gallery on trust or subject to a condition, to act as trustee or to comply with the condition, as the case may be;\n    (d) to collect, and make available (whether by hire, loan, sale or otherwise), information on the visual arts;\n    (da) to make available (whether for reward or otherwise) services in relation to the visual arts (whether with or without the supply of goods), including the carrying out of investigations and the giving of advice;\n    (e) to make available (whether by hire, loan, sale or otherwise) reproductions of works of art;\n    (f) to arrange for, or to assist in, research into matters pertaining to the visual arts;\n    (g) to erect buildings;\n    (ga) to grant (whether for reward or otherwise) rights to use any land or building owned by, or under the control of, the Gallery;\n    (gb) to fix charges for entry onto any land, or into any building, owned by, or under the control of the Gallery, being charges that:\n    (i) are in addition to the charges fixed by the regulations; and\n    (ii) relate to special exhibitions or other special events;\n    (h) to purchase or take on hire, or to accept as a gift or on deposit or loan, and to dispose of or otherwise deal with, furnishings, equipment and other goods;\n    (j) to act on behalf of the Commonwealth or of an authority of the Commonwealth in the administration of a trust relating to works of art or related matters.\n  (3) The Gallery shall not dispose of a work of art in the national collection except in accordance with sections 9, 10 or 11.\n  (4) Notwithstanding anything contained in this Act, but subject to section 36 of this Act and subsection 59(1) of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities), any money or other property held by the Gallery upon trust or accepted by the Gallery subject to a condition shall not be dealt with except in accordance with the obligations of the Gallery as trustee of the trust or as the person who has accepted the money or other property subject to the condition, as the case may be.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Land and works of art for Gallery","content":"#### 8 Land and works of art for Gallery\n\n  (1) The Minister may make available to the Gallery for the purposes of the Gallery such land owned by the Commonwealth as is specified by the Minister by notice in the Gazette and any building, structure or other improvements on that land.\n  (2) Where the Council so requests, the Minister may:\n    (a) transfer or cause to be transferred to the Gallery, for inclusion in the national collection, works of art owned by the Commonwealth; and\n    (b) transfer or cause to be transferred to the Gallery such other goods or equipment owned by the Commonwealth as he or she considers would be of use to the Gallery.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Disposal of works of art from national collection","content":"#### 9 Disposal of works of art from national collection\n\n  (1) Subject to subsection (4), where the Council is satisfied that a work of art in the national collection:\n    (a) is unfit for the national collection; or\n    (b) is not required as part of the national collection;\n  the Council may resolve that the work of art be disposed of by sale, gift or destruction.\n  (4) The Council shall not resolve that a work of art be disposed of by way of destruction unless the Council is satisfied that the work has no saleable value.\n  (5) If the Council has resolved, in accordance with this section, that a work of art be disposed of, the Gallery may dispose of that work of art accordingly.\n  (6) Subsection (5) is subject to section 38 (about restrictions on financial transactions).","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Exchange of works of art","content":"#### 10 Exchange of works of art\n\n  (1) Where the Council is satisfied that the exchange of a work of art in the national collection for another work of art would be advantageous to the collection, the Gallery may make that exchange.\n  (2) An agreement for an exchange under subsection (1) may include an undertaking by one party to pay an amount to the other party in recognition of the difference in value between the works of art to be exchanged.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Disposal of property left with Gallery","content":"#### 11 Disposal of property left with Gallery\n\n  (1) Where:\n    (a) the Council wishes to apply this section to any property (including a work of art) that is not the property of the Gallery but has been submitted to the Gallery with a view to its acceptance by the Gallery or for any other purpose;\n    (b) the property has remained in the possession or custody of the Gallery for a period of not less than 1 year after its submission to the Gallery;\n    (c) in a case to which subsection (2) applies:\n    (i) the Council has complied with the requirements of that subsection; and\n    (ii) the period specified in the notice under that subsection or, if such notices were sent to more than 1 person, the period specified in the notice last sent, has expired; and\n    (d) the property is not the subject of a claim lodged with the Gallery by the person who submitted the property to the Gallery or by any other person who has an interest in the property;\n  this section applies in relation to that property.\n  (2) Where the Gallery has a record of the name and address of a person who has an interest in property referred to in paragraph (1)(a) or of the person who submitted that property to the Gallery, the Council shall send by pre‑paid registered post to that person or to each of those persons, addressed to him or her at the relevant address, a notice informing him or her that, after the expiration of 3 months from the date of the notice, the Council intends, unless the person who submitted the property to the Gallery or any other person who has an interest in the property lodges with the Gallery a claim with respect to the property, to deal with the property under this section.\n  (3) The Council may, in respect of property in relation to which this section applies, cause a notice, in accordance with subsection (4), relating to the property to be published twice, with an interval of at least 7 days between the dates of the publications, in such daily newspapers as will ensure its publication in every State and internal Territory.\n  (4) A notice under subsection (3) shall sufficiently identify the property to which it relates and shall state that, at the expiration of 3 months from the date of publication of the notice, the Council intends to deal with the property under this section unless, before that time, the person who submitted the property to the Gallery or any other person who has an interest in the property has lodged with the Gallery a claim with respect to the property.\n  (5) Where:\n    (a) the period of 3 months specified in a notice under subsection (3) that has been published for the second time has expired; and\n    (b) the property to which the notice relates has not ceased to be property in relation to which this section applies;\n  the Council may:\n    (c) if the property is a work of art and the Council wishes to acquire it for the national collection—request the Minister to approve its acquisition for the national collection; or\n    (d) in any other case—request the Minister to approve its disposal in accordance with this section.\n  (6) Before approving of the acquisition of a work of art in accordance with a request under paragraph (5)(c), the Minister shall obtain a valuation of the work of art from an independent expert.\n  (7) Where a work of art the subject of a request under paragraph (5)(c) has not ceased to be property in relation to which this section applies, the Minister may, by notice published in the Gazette, approve the acquisition of the work of art for the national collection.\n  (8) Upon the publication in the Gazette of a notice under subsection (7), the work of art to which the notice applies is, by force of this subsection:\n    (a) vested in the Commonwealth; and\n    (b) freed and discharged from all interests, trusts, restrictions, obligations, contracts, licences and charges;\n  to the intent that the legal estate in the work of art and all rights and powers incident to that legal estate are vested in the Commonwealth.\n  (9) The Minister shall, on behalf of the Commonwealth, transfer to the Gallery for inclusion in the national collection a work of art referred to in subsection (8).\n  (10) Where property the subject of a request under paragraph (5)(d) has not ceased to be property in relation to which this section applies, the Minister may approve the disposal of the property and advise the Council accordingly.\n  (11) Where the Minister has advised the Council of his or her approval of the disposal of property and the property has not ceased to be property in relation to which this section applies, the Gallery may:\n    (a) cause the property to be sold by public auction; or\n    (b) if the Council determines that the property is valueless or that for some other reason it is not practicable to sell the property by public auction—cause the property to be disposed of otherwise than by sale or to be destroyed.\n  (12) For the purposes of a sale or other disposal of goods under subsection (11), the Gallery shall be deemed to be the absolute owner of the property.\n  (13) The interest of every person in a work of art to which a notice published under subsection (7) relates is, on the date of acquisition of that work of art, converted into a right to compensation against the Commonwealth.\n  (14) Parts VII and IX of the Lands Acquisition Act 1989 apply in relation to a right to compensation referred to in subsection (13) as if:\n    (a) that right were an entitlement to compensation under section 52 of that Act;\n    (b) a reference in those Parts to an interest in land were a reference to the legal estate in the work of art to which that right relates; and\n    (c) a reference in those Parts to the Minister were a reference to the Minister administering this Act.\n  (15) Where a person satisfies the Council that he or she had an interest in property immediately before the property was sold by virtue of subsection (11), the Gallery shall pay to the person such amount as it considers appropriate having regard to the interest that person had in the property but not exceeding the amount by which the amount of the proceeds of the sale exceeded the amount of any expenses incurred by the Gallery in connexion with the storage and sale of the property.\n  (16) No action, other than an action under the Lands Acquisition Act 1989 as applied by subsection (14), lies against any person by reason of any act or thing done in accordance with this section.","sortOrder":11},{"sectionNumber":"Part III","sectionType":"part","heading":"The Council","content":"## Part III—The Council","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Council","content":"#### 12 Council\n\n  (1) The affairs of the Gallery shall be conducted by a Council to be known as the Council of the National Gallery of Australia.\n  (2) All acts and things done in the name of, or on behalf of, the Gallery by the Council or with the authority of the Council shall be deemed to have been done by the Gallery.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Membership of Council","content":"#### 13 Membership of Council\n\n  (1) The Council shall consist of not more than 11 members, namely:\n    (a) the Chair;\n    (b) the Director; and\n    (c) not more than 9 other members.\n  (2) The members, other than the Director, shall be appointed by the Governor‑General having regard to their knowledge and experience with respect to the visual arts or any other area of knowledge relevant to the affairs of the Gallery.\n  (3) A member, other than the Director, shall be appointed to be a part‑time member and holds office for such term, not exceeding 3 years, as is fixed by the Governor‑General in the instrument of his or her appointment.\n  (3A) A person must not be appointed as a member referred to in paragraph (1)(a) or (c) for a term if the sum of the following exceeds 9 years:\n    (a) that term;\n    (b) any terms of previous appointment of the person as a member.\n  (4) A part‑time member is eligible for re‑appointment.\n  (6) The exercise or performance of the powers or functions of the Council is not affected by reason only of there being a vacancy in the office of a member.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Deputy Chair","content":"#### 14 Deputy Chair\n\n  (1) There shall be a Deputy Chair of the Council who shall be elected by the members from among the part‑time members.\n  (2) A member elected as Deputy Chair holds office as Deputy Chair for the period fixed by the Council at the time of his or her election but that period shall not extend beyond the expiration of the term for which he or she is holding office as a member at that time.\n  (3) The Deputy Chair may resign his or her office by writing under his or her hand delivered to the Chair.\n  (4) The Deputy Chair is eligible for re‑election.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Acting members","content":"#### 15 Acting members\n\n  Acting by operation of law\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.\n\n  Acting appointments\n  (2) The Council may, by written instrument, appoint a member to act as the Deputy Chair during any period, or during all periods, when the Deputy Chair:\n    (a) is acting as the Chair; or\n    (b) is absent from duty or from Australia; or\n    (c) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than as the Director, Chair or Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is acting as the Deputy Chair; or\n    (ii) is absent from duty or from Australia; or\n    (iii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Remuneration and allowances of members etc.","content":"#### 16 Remuneration and allowances of members etc.\n\n  (1) A part‑time member or a member of a committee constituted under section 21 who is not a member of the Council shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.\n  (2) A person referred to in subsection (1) shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Termination of appointment","content":"#### 17 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a part‑time member by reason of misbehaviour or physical or mental incapacity.\n  (2) If a part‑time member:\n    (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council;\n  the Governor‑General shall terminate his or her appointment.\n\n> Note: The appointment of a part‑time member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Resignation","content":"#### 18 Resignation\n\n  A part‑time member may resign his or her office by writing under his or her hand delivered to the Governor‑General.","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Meetings of Council","content":"#### 20 Meetings of Council\n\n  (1) The Chair or, if for any reason the Chair is unable to act, the Deputy Chair:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the efficient conduct of its business; and\n    (b) shall, on receipt of a written request signed by not less than 4 members, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The Chair shall preside at all meetings of the Council at which he or she is present.\n  (4) In the event of the absence of the Chair from a meeting of the Council, the Deputy Chair shall preside at that meeting.\n  (5) In the event of the absence of both the Chair and the Deputy Chair from a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (6) At a meeting of the Council, a quorum is constituted by a majority of members.\n  (7) Subject to subsection (8), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (8) In the event of an equality of votes on a resolution proposed at a meeting of the Council, the resolution shall be taken not to be passed but, if the same resolution is proposed at the first meeting of the Council held after the date of that first‑mentioned meeting and there is again an equality of votes, the member presiding has a casting vote on the resolution.","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Committees of Council","content":"#### 21 Committees of Council\n\n  (1) Subject to this section, the Council may constitute such committees as it thinks necessary for the purposes of this Act.\n  (2) A committee may be constituted wholly by members of the Council or partly by members of the Council and partly by other persons.","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Delegation","content":"#### 22 Delegation\n\n  (1) The Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to the Chair, the Director or any other member of the Council or to a member of the staff of the Gallery, all or any of its powers under this Act or the regulations, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Council.\n  (3) A delegation of a power under this section:\n    (a) may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated);\n    (b) does not prevent the exercise of the power by the Council; and\n    (c) continues in force notwithstanding a change in the membership of the Council.\n  (4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.\n  (5) A certificate signed by the Chair stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.","sortOrder":22},{"sectionNumber":"Part IV","sectionType":"part","heading":"The Director","content":"## Part IV—The Director","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Director","content":"#### 24 Director\n\n  (1) There shall be a Director of the National Gallery of Australia, who shall be appointed by the Governor‑General.\n  (2) The Director is the executive officer of the Council.","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Terms and conditions of appointment etc.","content":"#### 26 Terms and conditions of appointment etc.\n\n  (1) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.\n  (2) The Director holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Remuneration and allowances","content":"#### 27 Remuneration and allowances\n\n  (1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.\n  (2) The Director shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Leave of absence","content":"#### 28 Leave of absence\n\n  (1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Termination of appointment","content":"#### 29 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the Director by reason of misbehaviour or physical or mental incapacity.\n  (2) If the Director:\n    (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n    (aa) fails, without reasonable excuse, to comply with subsection (3); or\n    (ab) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council; or\n    (b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) engages in paid employment outside the duties of his or her office without the approval of the Minister;\n  the Governor‑General shall terminate his or her appointment.\n\n> Note: The appointment of the Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (3) The Director shall give written notice to the Minister of all direct or indirect pecuniary interests that the Director has or acquires in any business or in any body corporate carrying on any business.\n  (4) Subsection (3) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Resignation","content":"#### 30 Resignation\n\n  The Director may resign his or her office by writing under his or her hand delivered to the Governor‑General.","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Acting Director","content":"#### 31 Acting Director\n\n  The Minister may appoint a person to act in the office of Director:\n    (a) during a vacancy in the office; or\n    (b) during any period, or during all periods, when the person holding the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":30},{"sectionNumber":"Part V","sectionType":"part","heading":"Staff","content":"## Part V—Staff","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Staff","content":"#### 33 Staff\n\n  Subject to any direction of the Minister:\n    (a) the Gallery may employ such persons as are necessary for the purposes of this Act; and\n    (b) the terms and conditions of employment (other than in respect of matters provided for by this Act) of persons so employed shall be as determined by the Council.","sortOrder":32},{"sectionNumber":"Part VI","sectionType":"part","heading":"Finance","content":"## Part VI—Finance","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Moneys payable to Gallery","content":"#### 34 Moneys payable to Gallery\n\n  (1) There are payable to the Gallery such moneys as are appropriated, from time to time, by the Parliament for the purposes of this Act.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the Gallery.","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"National Gallery of Australia Fund","content":"#### 36 National Gallery of Australia Fund\n\n  (1) There is established by this subsection a fund, to be known as the National Gallery of Australia Fund.\n  (2) Income received from the investment of money standing to the credit of the Fund forms part of the Fund.\n  (3) There shall be paid into the Fund:\n    (a) gifts and bequests of money accepted by the Gallery after the commencement of this section otherwise than on trust;\n    (b) money received by the Gallery after that commencement from the disposal of gifts, devises, bequests and assignments of property accepted by the Gallery, whether before or after that commencement, otherwise than on trust; and\n    (c) so much of the money held by the Gallery in bank accounts otherwise than on trust immediately before that commencement as the Minister, by notice in writing given to the Gallery within 21 days after that commencement, determines.","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Application of moneys","content":"#### 37 Application of moneys\n\n  (1) The moneys of the Gallery (including money standing to the credit of the Fund) shall be applied only:\n    (a) in payment or discharge of the costs or expenses of the Gallery under this Act; and\n    (b) in payment of any remuneration and allowances payable under this Act.\n  (2) Subsection (1) does not prevent investment, under subsection (3) of this section or section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Gallery.\n  (3) In addition to investments authorised by section 59 of the Public Governance, Performance and Accountability Act 2013, the Gallery may invest the following in any other form of investment:\n    (a) money accepted as a gift or bequest to the Gallery;\n    (b) money that the Gallery receives from the disposal of property given, devised, bequeathed or assigned to the Gallery by a person other than the Commonwealth;\n    (c) income received from an investment made under this subsection or from the disposal of such an investment.\n\n> Note: See subsection 7(4) for obligations of the Gallery as trustee of a trust.\n\n  (4) An investment under subsection (3), or the disposal of such an investment, must be in accordance with a policy in force under section 37A.","sortOrder":36},{"sectionNumber":"37A","sectionType":"section","heading":"Investment policy","content":"#### 37A Investment policy\n\n  (1) The Council may formulate a written policy in relation to the following matters:\n    (a) the investment strategy of the Gallery;\n    (b) benchmarks and standards for assessing the performance of the Gallery’s investments;\n    (c) risk management for the Gallery’s investments.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Publication of policy\n  (2) If the Council formulates a policy under subsection (1), the Council must cause a copy of the policy to be published on the Gallery’s website.\n  Review of policy\n  (3) If the Council formulates a policy under subsection (1), the Council must conduct periodic reviews of the policy.\n  Compliance with policy\n  (4) If the Council formulates a policy under subsection (1), the Gallery must comply with the policy.\n  (5) A failure to comply with the policy does not affect the validity of any transaction.\n  Policy not a legislative instrument\n  (6) A policy formulated under subsection (1) is not a legislative instrument.","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Restrictions on financial transactions","content":"#### 38 Restrictions on financial transactions\n\n  (1) The Gallery must not, without the written approval of the Minister:\n    (a) acquire any work of art for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or\n    (b) dispose of any work of art if the amount or value of the consideration for the disposal, or the value of the work of art, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or\n    (c) acquire any property, right or privilege, other than a work of art, for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or\n    (d) dispose of any property, right or privilege, other than a work of art, if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or\n    (e) enter into a contract for the construction of a building for the Gallery, being a contract under which the Gallery is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or\n    (f) enter into a lease of land for a period exceeding 10 years.\n  (2) An approval under subsection (1) is not a legislative instrument.\n  (3) Subsection (1) does not apply to a contract if the contract provides for the supply of a service to the Gallery for the day‑to‑day operations of the Gallery.\n  (4) Subsection (1) does not apply to the following:\n    (a) an investment acquired under subsection 37(3);\n    (b) the disposal of such an investment.","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Annual report","content":"#### 40 Annual report\n\n  The annual report prepared by the Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of any disposals of works of art under section 9 of this Act during the period.","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Exemption from taxation","content":"#### 41 Exemption from taxation\n\n  The Gallery is not subject to taxation under a law of the Commonwealth or of a State or Territory.","sortOrder":40},{"sectionNumber":"Part VII","sectionType":"part","heading":"Miscellaneous","content":"## Part VII—Miscellaneous","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Supply of liquor on premises of Gallery","content":"#### 45 Supply of liquor on premises of Gallery\n\n  (1) The regulations may make provision for and in relation to the sale, supply, disposal, possession or control of liquor on premises in the Australian Capital Territory owned by or under the control of the Gallery.\n  (2) The law of the Australian Capital Territory relating to the sale, supply and disposal of liquor does not apply with respect to premises in respect of which regulations are in force under subsection (1).\n  (3) In this section, liquor means wine, spirits, ale, beer, porter, cider, perry or any liquid containing alcohol ordinarily used or fit for use as a beverage.","sortOrder":42},{"sectionNumber":"45A","sectionType":"section","heading":"Minister may give directions to the Council","content":"#### 45A Minister may give directions to the Council\n\n  (1) The Minister may, by legislative instrument, give written directions to the Council about the performance of its functions or the exercise of its powers.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Council must comply with a direction under subsection (1).","sortOrder":43},{"sectionNumber":"45B","sectionType":"section","heading":"Delegation by the Minister","content":"#### 45B Delegation by the Minister\n\n  (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) an SES employee, or acting SES employee, in the Department.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) However, subsection (1) does not apply to the Minister’s powers under section 8, 15, 33 or 45A.\n  (3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Regulations","content":"#### 46 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:\n    (a) for regulating the conduct of persons on any land or building owned by, or under the control of, the Gallery;\n    (b) for fixing charges for entry onto any land, or into any building, owned by, or under the control of, the Gallery; and\n    (c) for prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations.","sortOrder":45}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: establishing and governing the National Gallery of Australia, managing its collection, and setting up its administrative and financial framework. Amendments over the years have updated governance and financial oversight references (notably to align with the Public Governance, Performance and Accountability Act 2013) and added minor operational powers (such as charging for services and granting land use rights), but these are incremental refinements rather than a fundamental expansion of scope. The Gallery has not been given unrelated functions or absorbed new subject matter beyond the visual arts and collection management."},"complexity_factors":["10 defined terms in section 3, including cross-referenced terms like 'Fund' and 'national collection'","Multiple cross-references to external legislation, including the Public Governance, Performance and Accountability Act 2013, the Lands Acquisition Act 1989, the Remuneration Tribunal Act 1973, the Acts Interpretation Act 1901, and the Legislation Act 2003","Section 11 (disposal of unclaimed property) contains a complex multi-step conditional process spanning 16 subsections with nested conditions and notice requirements","Section 38 financial restrictions contain six separate thresholds set by regulation rather than in the Act itself, requiring readers to consult subordinate legislation","Governance structure involves layered acting arrangements (Deputy Chair acting as Chair, members acting as Deputy Chair, Minister appointing acting members) with different appointment authorities","Investment rules in sections 37 and 37A create a two-track regime — standard PGPA Act investments plus an additional category with its own policy framework","Termination provisions for both the Director (section 29) and part-time members (section 17) contain multiple distinct grounds with different legal consequences (discretionary vs mandatory termination)","Section 11 applies Parts VII and IX of the Lands Acquisition Act 1989 by analogy with modified definitions, requiring readers to navigate that separate Act"],"plain_english_summary":"## National Gallery Act 1975 — Plain English Summary\n\n**What does this law do?**\n\nThis Act creates the **National Gallery of Australia** as a legal entity (a body corporate — meaning it can own property, sign contracts, and take legal action in its own name). It sets out how the Gallery is run, who governs it, and what it can and cannot do.\n\n---\n\n**Who runs the Gallery?**\n\nThe Gallery is governed by a **Council** (similar to a board of directors) of up to 11 members:\n- A **Chair** (like a chairperson of a board)\n- The **Director** (the Gallery's chief executive)\n- Up to 9 other members\n\nMembers (other than the Director) are appointed by the **Governor-General** based on their knowledge of the visual arts or other relevant areas. They serve part-time for up to 3 years at a time, and no one can serve more than 9 years in total. The **Director** is also appointed by the Governor-General and serves for up to 7 years.\n\n---\n\n**What can the Gallery do?**\n\nThe Gallery's core jobs are to:\n- **Build and maintain a national art collection**\n- **Display works of art** — either in Australia or overseas, from its own collection or works borrowed from others\n\nTo do this, it has broad powers, including:\n- Buying, commissioning, borrowing, or accepting donated artworks\n- Selling, loaning, or hiring out artworks\n- Collecting and sharing information about the visual arts\n- Providing advice and services related to the visual arts (for a fee or free)\n- Selling reproductions of artworks\n- Building facilities\n- Charging entry fees (for special exhibitions, on top of any fees set by regulations)\n- Accepting money or property left to it in wills (bequests)\n\n---\n\n**Rules around the national collection**\n\nThe Gallery **cannot simply sell or throw away** artworks in the national collection. Strict rules apply:\n- The Council can only decide to **sell, give away, or destroy** a work if it's unfit for the collection or no longer needed\n- **Destruction is only allowed** if the work has no saleable value\n- Works can also be **exchanged** for other works if that would benefit the collection\n\nThere are also rules for dealing with **artworks left with the Gallery** that nobody claims — after at least a year, and following a notice process, the Gallery can seek approval to keep them for the collection or sell them.\n\n---\n\n**Financial rules**\n\nThe Gallery has its own fund (the **National Gallery of Australia Fund**) which holds donations and gift money. Its finances are subject to oversight under broader Commonwealth financial management laws.\n\nFor **big transactions**, the Gallery needs the **Minister's written approval** before it can:\n- Buy or sell artworks above a certain dollar threshold\n- Buy or sell other property above a certain threshold\n- Sign large building contracts\n- Enter into a land lease longer than 10 years\n\nThe Gallery is **exempt from Commonwealth, State and Territory taxes**.\n\n---\n\n**Government oversight**\n\n- The **Minister** can give the Council written directions about how it performs its functions (but only directions of a general nature — the Minister can't micromanage day-to-day decisions)\n- The Gallery must report annually to the Minister, including details of any artworks disposed of during the year\n- The Minister can delegate most (but not all) powers to senior departmental staff\n\n---\n\n**Other details**\n\n- The regulations can allow **liquor to be sold on Gallery premises** in the ACT, overriding ACT licensing laws in that context\n- The regulations can also set rules for conduct on Gallery grounds and fix entry charges\n- Penalties for breaking the regulations are capped at 5 penalty units (a relatively small fine)"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"7(2)(gb) and 46(b)","severity":"medium","reasoning":"The Gallery's special-event charges under s7(2)(gb)(i) must be 'in addition to' the charges fixed by regulations under s46(b). If the regulations fix zero charges or no regulations are made at all, the provision becomes either meaningless (adding to zero) or unworkable (no baseline to add to). The Gallery cannot exercise its own charging power in a vacuum — it is structurally dependent on a regulatory precondition that is merely permissive, not mandatory.","confidence":0.75,"description":"Section 7(2)(gb) empowers the Gallery to fix charges for entry that are 'in addition to the charges fixed by the regulations' for special exhibitions or events. Section 46(b) empowers the Governor-General to make regulations 'for fixing charges for entry.' This creates a structural oddity: the Gallery's power to charge is entirely parasitic on a regulatory baseline that may never be set, and if no regulations fix baseline charges, it is unclear whether the Gallery's supplementary charging power is operative at all — or whether free entry is the implicit baseline."},{"type":"other","section":"13(3A)","severity":"low","reasoning":"This is a policy asymmetry rather than a logical impossibility. The Director is a member of the Council (s13(1)(b)) and participates in governance, yet is excluded from the 9-year cap in s13(3A). While arguably intentional (the Director's tenure is governed separately under s26), it creates a situation where the executive officer has longer potential council tenure than lay members appointed for governance oversight, which is an odd structural outcome.","confidence":0.65,"description":"The 9-year cumulative cap on membership of the Council under s13(3A) applies to persons appointed as Chair (paragraph (1)(a)) or as other members (paragraph (1)(c)), but expressly excludes the Director (paragraph (1)(b)). The Director is a member of the Council by virtue of s13(1)(b) yet faces no equivalent tenure limit, meaning the Director could theoretically serve on the Council indefinitely, holding greater tenure security than appointed lay members — a somewhat anomalous outcome."},{"type":"self_contradicting","section":"37A(4) and 37A(5)","severity":"medium","reasoning":"A mandatory compliance obligation ('must comply') that is explicitly stripped of its primary legal consequence (transaction invalidity) is self-defeating. The provision creates the appearance of a binding duty while simultaneously nullifying its only operative effect. There is no stated alternative consequence (e.g., a penalty, civil liability, or ministerial intervention), so the obligation is practically unenforceable.","confidence":0.85,"description":"Section 37A(4) obliges the Gallery to comply with any investment policy formulated by the Council, but s37A(5) immediately provides that a failure to comply with that policy 'does not affect the validity of any transaction.' This renders the mandatory compliance obligation in s37A(4) effectively toothless — breach has no legal consequence on the transactions themselves, and no other remedy or penalty is specified."},{"type":"impossible_compliance","section":"37A(1)","severity":"high","reasoning":"Section 37(4) creates a hard legal requirement: investments under s37(3) MUST be in accordance with an s37A policy. But s37A(1) only gives the Council a discretionary power ('may') to formulate such a policy. If the Council exercises its discretion not to formulate a policy, the Gallery is simultaneously prohibited from making investments under s37(3) without a policy (s37(4)) and yet there is no mechanism to compel the Council to create one. The Gallery's broader gift/bequest investment powers under s37(3) could be entirely paralysed by Council inaction.","confidence":0.9,"description":"Section 37A(1) provides that the Council 'may formulate' an investment policy, but ss37A(2)–(4) impose mandatory obligations ('must cause a copy to be published,' 'must conduct periodic reviews,' 'must comply') that are all contingent on whether the Council chooses to formulate such a policy at all. If the Council never formulates a policy, s37(4) requires investments under s37(3) to be 'in accordance with a policy in force under section 37A' — but no such policy may ever exist."},{"type":"other","section":"20(8)","severity":"low","reasoning":"The provision delays resolution of deadlocks by one meeting and makes the casting vote conditional on the same resolution being re-proposed. There is no mechanism to compel re-proposal. A faction opposed to a resolution that tied could simply ensure it is never re-proposed, permanently blocking it without a majority vote against it. This is an unusual drafting choice that could impede Council decision-making.","confidence":0.7,"description":"The casting vote mechanism in s20(8) requires that the same resolution be proposed at 'the first meeting of the Council held after the date of that first-mentioned meeting' before a casting vote arises. This is potentially unworkable: there is no obligation on any member to re-propose the same resolution at the next meeting, and if they do not, the casting vote mechanism never activates. Tied resolutions can simply be permanently shelved by inaction."},{"type":"other","section":"11(8) and 11(13)","severity":"low","reasoning":"This is a technical tension rather than an outright absurdity. Section 11(8) says interests are freed and discharged (extinguished) upon Gazette publication, while s11(13) says they are 'converted' to compensation rights 'on the date of acquisition.' If the extinguishment is instantaneous and total under s11(8), there is a momentary logical gap before s11(13)'s conversion operates. This is a known drafting pattern in compulsory acquisition law but the simultaneous operation of 'freed and discharged from all interests' and 'converted into a right to compensation' creates a minor logical tension.","confidence":0.55,"description":"Upon publication of a Gazette notice under s11(7), a work of art is immediately 'vested in the Commonwealth' and 'freed and discharged from all interests' (s11(8)). But s11(13) provides that the interest of every person in the work is 'converted into a right to compensation against the Commonwealth' 'on the date of acquisition.' These two subsections are triggered by the same event yet describe different legal mechanisms — instantaneous divestiture versus conversion to compensation — without clearly reconciling whether compensation rights attach before or simultaneously with the vesting, raising questions about the moment at which interests are extinguished."}],"contradictions":[{"severity":"high","section_a":"37(4)","section_b":"37A(1)","confidence":0.9,"description":"Section 37(4) imposes a mandatory requirement that any investment under s37(3) 'must be in accordance with a policy in force under section 37A.' Section 37A(1) only gives the Council a discretionary power ('may formulate') to create such a policy. The mandatory compliance obligation in s37(4) is directly undermined by the entirely optional nature of the policy it depends upon — leaving the Gallery's s37(3) investment power potentially permanently suspended by Council inaction."},{"severity":"high","section_a":"37A(4)","section_b":"37A(5)","confidence":0.88,"description":"Section 37A(4) states the Gallery 'must comply' with the investment policy. Section 37A(5) states that a failure to comply 'does not affect the validity of any transaction.' These two provisions directly contradict each other: one imposes a binding legal obligation, the other removes the only apparent legal consequence of breaching it, rendering the obligation hollow."},{"severity":"low","section_a":"9(5)","section_b":"9(6)","confidence":0.65,"description":"Section 9(5) states that 'if the Council has resolved... that a work of art be disposed of, the Gallery may dispose of that work of art accordingly,' using permissive language ('may'). Section 9(6) then subjects s9(5) to section 38's financial restrictions. This creates a minor tension: s9(5) appears to grant a standalone permission, but s9(6) makes that permission contingent on compliance with s38's ministerial approval thresholds — so a Council resolution to dispose may be ineffective without additional ministerial approval, which is not apparent from the face of s9(5)."},{"severity":"medium","section_a":"45A(1)","section_b":"45A(2)","confidence":0.75,"description":"Section 45A(1) empowers the Minister to give 'written directions to the Council about the performance of its functions or the exercise of its powers' broadly, but s45A(2) restricts this to directions 'of a general nature only.' This means the Minister cannot direct the Council on any specific matter — yet the power is framed as extending to 'the performance of its functions or the exercise of its powers,' which necessarily involves specific operational decisions. The breadth of s45A(1) is directly curtailed by the vagueness and restrictiveness of s45A(2), and the boundary between 'general' and 'specific' directions is undefined, creating inherent ambiguity about the scope of a Ministerial direction."},{"severity":"low","section_a":"45B(1)","section_b":"45B(2)","confidence":0.8,"description":"Section 45B(1) states the Minister 'may delegate all or any of the Minister's functions or powers under this Act,' appearing to be a comprehensive delegation power. Section 45B(2) then carves out s8, s15, s33 and s45A as non-delegable. The tension is minor but notable: s45B(1)'s use of 'all or any' suggests total coverage, which is then immediately contradicted by s45B(2)'s exclusions. This is a standard drafting pattern but the word 'all' in s45B(1) is strictly false on the face of the Act."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing the National Gallery of Australia. While it has been amended over time (evident from references to modern statutes like the 2013 Public Governance Act), the core scope—creating the Gallery, defining its functions, establishing governance structures, and setting financial controls—has not expanded beyond the original intent of managing Australia's national art collection."},"complexity_factors":["Multiple cross-references to external legislation (Public Governance, Performance and Accountability Act 2013, Lands Acquisition Act 1989, Acts Interpretation Act 1901, Remuneration Tribunal Act 1973, Legislation Act 2003)","Detailed procedural requirements for disposal of abandoned property (section 11) with multiple steps: registered mail, newspaper notices, Gazette notices, ministerial approvals, and compensation mechanisms","Nested conditions and exceptions throughout (e.g., section 38 restrictions on financial transactions with specific exemptions in subsections (3) and (4))","Dual governance structure requiring coordination between Council and Director with specific delegation powers","Complex interaction between trust property rules (subsection 7(4)) and investment powers (sections 36-37A)","17 defined terms in interpretation section, some referring to other defined terms","Multiple acting appointment mechanisms with references to external statutory rules"],"plain_english_summary":"This law creates the **National Gallery of Australia** as an independent government body to manage Australia's national art collection.\n\n**What it does:**\n- **Establishes the Gallery** as a corporate entity that can own property, enter contracts, and be sued in its own name\n- **Creates a governing Council** (up to 11 members including a Chair, Director, and part-time members) to oversee operations\n- **Appoints a Director** as the executive officer who runs day-to-day operations\n- **Defines the Gallery's job**: building and maintaining a national collection of art, exhibiting works, conducting research, and making art accessible to the public\n- **Sets financial rules**: creates a special Fund for donations and bequests, requires ministerial approval for major purchases or sales above certain values, and allows investment of surplus funds\n- **Controls disposals**: sets strict rules for selling, exchanging, or destroying artworks, including a complex process for dealing with abandoned property\n- **Provides tax exemptions** and allows the Gallery to sell alcohol on its premises (bypassing ACT liquor laws)\n\n**Who it affects:**\n- The Australian public (who own the national collection)\n- Art donors, lenders, and dealers\n- Gallery staff and Council members\n- The Arts Minister (who gives directions and approvals)\n\n**Why it matters:**\nThis Act protects Australia's cultural heritage by ensuring the national art collection is properly governed, can't be sold off casually, and remains accessible to the public. It balances the Gallery's independence with ministerial oversight for major financial decisions."},"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/national-gallery-act-1975","history":"/api/acts/national-gallery-act-1975/history","analysis":"/api/acts/national-gallery-act-1975/analysis","conflicts":"/api/acts/national-gallery-act-1975/conflicts","importantCases":"/api/acts/national-gallery-act-1975/important-cases","documents":"/api/acts/national-gallery-act-1975/documents"}}