{"id":"F2018L00212","name":"National Gallery Regulations 2018","slug":"national-gallery-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96837,"registerId":"commonwealth-F2018L00212-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Gallery Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the National Gallery Act 1975.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Gallery;\n    (d) national collection.\n  In this instrument:\n\n> Act means the National Gallery Act 1975.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 8 to sell or supply liquor.\n\n> Council notice has the meaning given by subsection 18(1).\n\n> Gallery building means a building on Gallery land.\n\n> Gallery contractor means:\n\n    (a) a contractor of the Gallery; or\n    (b) a contractor or employee of another Gallery contractor.\n\n> Gallery land means land:\n\n    (a) made available to the Gallery under subsection 8(1) of the Act; or\n    (b) otherwise owned by or under the control of the Gallery.\n\n> Gallery material means:\n\n    (a) a Gallery work of art; or\n    (b) other material that is owned by the Gallery or under its control; or\n    (c) any structure, equipment or material that is kept by the Gallery for purposes relating to:\n    (i) the exhibition or display of material referred to in paragraph (a) or (b); or\n    (ii) research, educational or publicity activities in relation to that material.\n\n> Gallery work of art means a work of art:\n\n    (a) forming part of the national collection; or\n    (b) under the control of the Gallery.\n\n> liquor has the same meaning as in section 45 of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a staff member appointed under subsection 12(1) to be a security officer.\n\n> staff member means:\n\n    (a) a member of the staff of the Gallery; or\n    (b) a Gallery contractor who is an individual; or\n    (c) a volunteer.\n\n> volunteer means an individual who works for the Gallery on a voluntary basis.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Purchase and disposal of assets","content":"## Part 2—Purchase and disposal of assets","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Power to purchase and dispose of assets","content":"#### 6 Power to purchase and dispose of assets\n\n  (1) For the purposes of paragraphs 38(1)(a) and (b) of the Act, $10,000,000 is prescribed.\n  (2) For the purposes of paragraphs 38(1)(c), (d) and (e) of the Act, $2,000,000 is prescribed.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Supply of liquor","content":"## Part 3—Supply of liquor","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Purposes of this Part","content":"#### 7 Purposes of this Part\n\n  This Part is made for the purposes of subsection 45(1) of the Act.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Authorisation to supply liquor","content":"#### 8 Authorisation to supply liquor\n\n  (1) The Council may, in writing, authorise a person, or a class of persons, to sell or supply liquor on Gallery land, or in a Gallery building.\n  (2) The Council must specify in the authorisation:\n    (a) the parts of the Gallery land or Gallery building where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Council may specify in the authorisation conditions to which it is subject.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Supply of liquor","content":"#### 9 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on Gallery land, or in a Gallery building, by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on Gallery land, or in a Gallery building if the other person does not satisfy the first person of the other person’s age.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Buying or obtaining liquor","content":"#### 10 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is Gallery land or a Gallery building; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conduct of persons on Gallery land and in Gallery buildings","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Gallery Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Gallery Act 1975.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Gallery;\n    (d) national collection.\n  In this instrument:\n\n> Act means the National Gallery Act 1975.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 8 to sell or supply liquor.\n\n> Council notice has the meaning given by subsection 18(1).\n\n> Gallery building means a building on Gallery land.\n\n> Gallery contractor means:\n\n    (a) a contractor of the Gallery; or\n    (b) a contractor or employee of another Gallery contractor.\n\n> Gallery land means land:\n\n    (a) made available to the Gallery under subsection 8(1) of the Act; or\n    (b) otherwise owned by or under the control of the Gallery.\n\n> Gallery material means:\n\n    (a) a Gallery work of art; or\n    (b) other material that is owned by the Gallery or under its control; or\n    (c) any structure, equipment or material that is kept by the Gallery for purposes relating to:\n    (i) the exhibition or display of material referred to in paragraph (a) or (b); or\n    (ii) research, educational or publicity activities in relation to that material.\n\n> Gallery work of art means a work of art:\n\n    (a) forming part of the national collection; or\n    (b) under the control of the Gallery.\n\n> liquor has the same meaning as in section 45 of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a staff member appointed under subsection 12(1) to be a security officer.\n\n> staff member means:\n\n    (a) a member of the staff of the Gallery; or\n    (b) a Gallery contractor who is an individual; or\n    (c) a volunteer.\n\n> volunteer means an individual who works for the Gallery on a voluntary basis.\n\n## Part 2—Purchase and disposal of assets\n\n#### 6 Power to purchase and dispose of assets\n\n  (1) For the purposes of paragraphs 38(1)(a) and (b) of the Act, $10,000,000 is prescribed.\n  (2) For the purposes of paragraphs 38(1)(c), (d) and (e) of the Act, $2,000,000 is prescribed.\n\n## Part 3—Supply of liquor\n\n#### 7 Purposes of this Part\n\n  This Part is made for the purposes of subsection 45(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Council may, in writing, authorise a person, or a class of persons, to sell or supply liquor on Gallery land, or in a Gallery building.\n  (2) The Council must specify in the authorisation:\n    (a) the parts of the Gallery land or Gallery building where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Council may specify in the authorisation conditions to which it is subject.\n\n#### 9 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on Gallery land, or in a Gallery building, by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on Gallery land, or in a Gallery building if the other person does not satisfy the first person of the other person’s age.\n\n#### 10 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is Gallery land or a Gallery building; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 4—Conduct of persons on Gallery land and in Gallery buildings\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  For the purposes of paragraph 46(a) of the Act, this Part regulates the conduct of persons on Gallery land or in Gallery buildings.\n\n### Division 2—Security officers\n\n#### 12 Security officers\n\n  Appointment of security officers\n  (1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be a security officer if the Director is reasonably satisfied that the staff member has received appropriate training.\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or\n    (b) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) A security officer may direct members of the public or staff members to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any reason.\n\n#### 14 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on Gallery land, or in a Gallery building:\n    (a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or\n    (b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or\n    (c) is refusing to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from the Gallery land, a Gallery building, or both; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 15 Powers of security officers—vehicles and similar devices\n\n  A security officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:\n    (a) to park the vehicle or device in a specified place on Gallery land; or\n    (b) not to park the vehicle or device on Gallery land; or\n    (c) not to park the vehicle or device in a specified place on Gallery land.\n\n#### 16 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 17 Powers of security officers—offence\n\n  A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a security officer gives the person a direction under this Division; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n### Division 3—Council notices\n\n#### 18 Council notices\n\n  (1) The Council may, by legislative instrument, issue a notice (a Council notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Council; and\n    (c) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.\n  (3) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a copy of a Council notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the Council notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the Council notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Gallery building or Gallery land to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 19 Damaging Gallery material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) touches a Gallery work of art or interferes with Gallery material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Gallery material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, wall or fence; or\n    (ii) writes on a building, fixture, fitting, wall or fence; and\n    (b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and\n    (c) the building is a Gallery building, or the wall, fence, fixture, fitting, plant or garden is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 29 of the Crimes Act 1914 (about destroying or damaging Commonwealth property).\n\n#### 20 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.\n\nPenalty: 5 penalty units.\n\n#### 21 Animals\n\n  (1) A person commits an offence if:\n    (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building; and\n    (c) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 22 Foods and liquids\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings food or liquid into a building; or\n    (ii) consumes food or liquid in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is medication; or\n    (b) to bringing water into a Gallery building if the water is in a sealed container; or\n    (c) to consuming water while:\n    (i) seated; or\n    (ii) in a foyer of a Gallery building;\n    and at least 2 metres away from a Gallery work of art; or\n    (d) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 23 Smoking\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 24 Prohibited articles\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article into a building; or\n    (ii) uses a prohibited article in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or\n    (b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 25 Defences\n\n  (1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Council had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 5—Entry charges\n\n#### 26 Entry charges\n\n  (1) For the purposes of paragraph 46(b) of the Act, no charge is fixed for entry by a person into a Gallery building or onto Gallery land.\n  (2) This section does not prevent the Gallery from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(2)(gb) of the Act; or\n    (b) parking in a Gallery building or on Gallery land.\n\n## Part 6—Transitional provisions\n\n#### 27 Definitions\n\n  In this Part:\n\n> old regulations means the National Gallery Regulations 1982, as in force immediately before the commencement of this section.\n\n#### 28 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 9(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.\n\n#### 29 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 5(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 5(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 12(2) of this instrument.\n\n#### 30 Council notices\n\n  A notice:\n    (a) issued by the authority of the Council under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 18(1) of this instrument.\n\n#### 31 Consent of Council\n\n  For the purposes of subsection 25(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"Purposes of this Part","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Gallery Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Gallery Act 1975.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Gallery;\n    (d) national collection.\n  In this instrument:\n\n> Act means the National Gallery Act 1975.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 8 to sell or supply liquor.\n\n> Council notice has the meaning given by subsection 18(1).\n\n> Gallery building means a building on Gallery land.\n\n> Gallery contractor means:\n\n    (a) a contractor of the Gallery; or\n    (b) a contractor or employee of another Gallery contractor.\n\n> Gallery land means land:\n\n    (a) made available to the Gallery under subsection 8(1) of the Act; or\n    (b) otherwise owned by or under the control of the Gallery.\n\n> Gallery material means:\n\n    (a) a Gallery work of art; or\n    (b) other material that is owned by the Gallery or under its control; or\n    (c) any structure, equipment or material that is kept by the Gallery for purposes relating to:\n    (i) the exhibition or display of material referred to in paragraph (a) or (b); or\n    (ii) research, educational or publicity activities in relation to that material.\n\n> Gallery work of art means a work of art:\n\n    (a) forming part of the national collection; or\n    (b) under the control of the Gallery.\n\n> liquor has the same meaning as in section 45 of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a staff member appointed under subsection 12(1) to be a security officer.\n\n> staff member means:\n\n    (a) a member of the staff of the Gallery; or\n    (b) a Gallery contractor who is an individual; or\n    (c) a volunteer.\n\n> volunteer means an individual who works for the Gallery on a voluntary basis.\n\n## Part 2—Purchase and disposal of assets\n\n#### 6 Power to purchase and dispose of assets\n\n  (1) For the purposes of paragraphs 38(1)(a) and (b) of the Act, $10,000,000 is prescribed.\n  (2) For the purposes of paragraphs 38(1)(c), (d) and (e) of the Act, $2,000,000 is prescribed.\n\n## Part 3—Supply of liquor\n\n#### 7 Purposes of this Part\n\n  This Part is made for the purposes of subsection 45(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Council may, in writing, authorise a person, or a class of persons, to sell or supply liquor on Gallery land, or in a Gallery building.\n  (2) The Council must specify in the authorisation:\n    (a) the parts of the Gallery land or Gallery building where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Council may specify in the authorisation conditions to which it is subject.\n\n#### 9 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on Gallery land, or in a Gallery building, by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on Gallery land, or in a Gallery building if the other person does not satisfy the first person of the other person’s age.\n\n#### 10 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is Gallery land or a Gallery building; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 4—Conduct of persons on Gallery land and in Gallery buildings\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  For the purposes of paragraph 46(a) of the Act, this Part regulates the conduct of persons on Gallery land or in Gallery buildings.\n\n### Division 2—Security officers\n\n#### 12 Security officers\n\n  Appointment of security officers\n  (1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be a security officer if the Director is reasonably satisfied that the staff member has received appropriate training.\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or\n    (b) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) A security officer may direct members of the public or staff members to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any reason.\n\n#### 14 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on Gallery land, or in a Gallery building:\n    (a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or\n    (b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or\n    (c) is refusing to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from the Gallery land, a Gallery building, or both; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 15 Powers of security officers—vehicles and similar devices\n\n  A security officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:\n    (a) to park the vehicle or device in a specified place on Gallery land; or\n    (b) not to park the vehicle or device on Gallery land; or\n    (c) not to park the vehicle or device in a specified place on Gallery land.\n\n#### 16 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 17 Powers of security officers—offence\n\n  A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a security officer gives the person a direction under this Division; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n### Division 3—Council notices\n\n#### 18 Council notices\n\n  (1) The Council may, by legislative instrument, issue a notice (a Council notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Council; and\n    (c) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.\n  (3) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a copy of a Council notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the Council notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the Council notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Gallery building or Gallery land to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 19 Damaging Gallery material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) touches a Gallery work of art or interferes with Gallery material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Gallery material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, wall or fence; or\n    (ii) writes on a building, fixture, fitting, wall or fence; and\n    (b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and\n    (c) the building is a Gallery building, or the wall, fence, fixture, fitting, plant or garden is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 29 of the Crimes Act 1914 (about destroying or damaging Commonwealth property).\n\n#### 20 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.\n\nPenalty: 5 penalty units.\n\n#### 21 Animals\n\n  (1) A person commits an offence if:\n    (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building; and\n    (c) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 22 Foods and liquids\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings food or liquid into a building; or\n    (ii) consumes food or liquid in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is medication; or\n    (b) to bringing water into a Gallery building if the water is in a sealed container; or\n    (c) to consuming water while:\n    (i) seated; or\n    (ii) in a foyer of a Gallery building;\n    and at least 2 metres away from a Gallery work of art; or\n    (d) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 23 Smoking\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 24 Prohibited articles\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article into a building; or\n    (ii) uses a prohibited article in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or\n    (b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 25 Defences\n\n  (1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Council had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 5—Entry charges\n\n#### 26 Entry charges\n\n  (1) For the purposes of paragraph 46(b) of the Act, no charge is fixed for entry by a person into a Gallery building or onto Gallery land.\n  (2) This section does not prevent the Gallery from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(2)(gb) of the Act; or\n    (b) parking in a Gallery building or on Gallery land.\n\n## Part 6—Transitional provisions\n\n#### 27 Definitions\n\n  In this Part:\n\n> old regulations means the National Gallery Regulations 1982, as in force immediately before the commencement of this section.\n\n#### 28 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 9(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.\n\n#### 29 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 5(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 5(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 12(2) of this instrument.\n\n#### 30 Council notices\n\n  A notice:\n    (a) issued by the authority of the Council under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 18(1) of this instrument.\n\n#### 31 Consent of Council\n\n  For the purposes of subsection 25(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Purposes of this Part","content":"#### 11 Purposes of this Part\n\n  For the purposes of paragraph 46(a) of the Act, this Part regulates the conduct of persons on Gallery land or in Gallery buildings.","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Security officers","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Gallery Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Gallery Act 1975.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Gallery;\n    (d) national collection.\n  In this instrument:\n\n> Act means the National Gallery Act 1975.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 8 to sell or supply liquor.\n\n> Council notice has the meaning given by subsection 18(1).\n\n> Gallery building means a building on Gallery land.\n\n> Gallery contractor means:\n\n    (a) a contractor of the Gallery; or\n    (b) a contractor or employee of another Gallery contractor.\n\n> Gallery land means land:\n\n    (a) made available to the Gallery under subsection 8(1) of the Act; or\n    (b) otherwise owned by or under the control of the Gallery.\n\n> Gallery material means:\n\n    (a) a Gallery work of art; or\n    (b) other material that is owned by the Gallery or under its control; or\n    (c) any structure, equipment or material that is kept by the Gallery for purposes relating to:\n    (i) the exhibition or display of material referred to in paragraph (a) or (b); or\n    (ii) research, educational or publicity activities in relation to that material.\n\n> Gallery work of art means a work of art:\n\n    (a) forming part of the national collection; or\n    (b) under the control of the Gallery.\n\n> liquor has the same meaning as in section 45 of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a staff member appointed under subsection 12(1) to be a security officer.\n\n> staff member means:\n\n    (a) a member of the staff of the Gallery; or\n    (b) a Gallery contractor who is an individual; or\n    (c) a volunteer.\n\n> volunteer means an individual who works for the Gallery on a voluntary basis.\n\n## Part 2—Purchase and disposal of assets\n\n#### 6 Power to purchase and dispose of assets\n\n  (1) For the purposes of paragraphs 38(1)(a) and (b) of the Act, $10,000,000 is prescribed.\n  (2) For the purposes of paragraphs 38(1)(c), (d) and (e) of the Act, $2,000,000 is prescribed.\n\n## Part 3—Supply of liquor\n\n#### 7 Purposes of this Part\n\n  This Part is made for the purposes of subsection 45(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Council may, in writing, authorise a person, or a class of persons, to sell or supply liquor on Gallery land, or in a Gallery building.\n  (2) The Council must specify in the authorisation:\n    (a) the parts of the Gallery land or Gallery building where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Council may specify in the authorisation conditions to which it is subject.\n\n#### 9 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on Gallery land, or in a Gallery building, by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on Gallery land, or in a Gallery building if the other person does not satisfy the first person of the other person’s age.\n\n#### 10 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is Gallery land or a Gallery building; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 4—Conduct of persons on Gallery land and in Gallery buildings\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  For the purposes of paragraph 46(a) of the Act, this Part regulates the conduct of persons on Gallery land or in Gallery buildings.\n\n### Division 2—Security officers\n\n#### 12 Security officers\n\n  Appointment of security officers\n  (1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be a security officer if the Director is reasonably satisfied that the staff member has received appropriate training.\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or\n    (b) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) A security officer may direct members of the public or staff members to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any reason.\n\n#### 14 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on Gallery land, or in a Gallery building:\n    (a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or\n    (b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or\n    (c) is refusing to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from the Gallery land, a Gallery building, or both; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 15 Powers of security officers—vehicles and similar devices\n\n  A security officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:\n    (a) to park the vehicle or device in a specified place on Gallery land; or\n    (b) not to park the vehicle or device on Gallery land; or\n    (c) not to park the vehicle or device in a specified place on Gallery land.\n\n#### 16 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 17 Powers of security officers—offence\n\n  A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a security officer gives the person a direction under this Division; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n### Division 3—Council notices\n\n#### 18 Council notices\n\n  (1) The Council may, by legislative instrument, issue a notice (a Council notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Council; and\n    (c) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.\n  (3) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a copy of a Council notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the Council notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the Council notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Gallery building or Gallery land to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 19 Damaging Gallery material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) touches a Gallery work of art or interferes with Gallery material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Gallery material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, wall or fence; or\n    (ii) writes on a building, fixture, fitting, wall or fence; and\n    (b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and\n    (c) the building is a Gallery building, or the wall, fence, fixture, fitting, plant or garden is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 29 of the Crimes Act 1914 (about destroying or damaging Commonwealth property).\n\n#### 20 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.\n\nPenalty: 5 penalty units.\n\n#### 21 Animals\n\n  (1) A person commits an offence if:\n    (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building; and\n    (c) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 22 Foods and liquids\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings food or liquid into a building; or\n    (ii) consumes food or liquid in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is medication; or\n    (b) to bringing water into a Gallery building if the water is in a sealed container; or\n    (c) to consuming water while:\n    (i) seated; or\n    (ii) in a foyer of a Gallery building;\n    and at least 2 metres away from a Gallery work of art; or\n    (d) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 23 Smoking\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 24 Prohibited articles\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article into a building; or\n    (ii) uses a prohibited article in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or\n    (b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 25 Defences\n\n  (1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Council had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 5—Entry charges\n\n#### 26 Entry charges\n\n  (1) For the purposes of paragraph 46(b) of the Act, no charge is fixed for entry by a person into a Gallery building or onto Gallery land.\n  (2) This section does not prevent the Gallery from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(2)(gb) of the Act; or\n    (b) parking in a Gallery building or on Gallery land.\n\n## Part 6—Transitional provisions\n\n#### 27 Definitions\n\n  In this Part:\n\n> old regulations means the National Gallery Regulations 1982, as in force immediately before the commencement of this section.\n\n#### 28 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 9(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.\n\n#### 29 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 5(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 5(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 12(2) of this instrument.\n\n#### 30 Council notices\n\n  A notice:\n    (a) issued by the authority of the Council under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 18(1) of this instrument.\n\n#### 31 Consent of Council\n\n  For the purposes of subsection 25(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Security officers","content":"#### 12 Security officers\n\n  Appointment of security officers\n  (1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be a security officer if the Director is reasonably satisfied that the staff member has received appropriate training.\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Powers of security officers—directions to leave","content":"#### 13 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or\n    (b) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) A security officer may direct members of the public or staff members to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any reason.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Powers of security officers—apprehension","content":"#### 14 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on Gallery land, or in a Gallery building:\n    (a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or\n    (b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or\n    (c) is refusing to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from the Gallery land, a Gallery building, or both; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Powers of security officers—vehicles and similar devices","content":"#### 15 Powers of security officers—vehicles and similar devices\n\n  A security officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:\n    (a) to park the vehicle or device in a specified place on Gallery land; or\n    (b) not to park the vehicle or device on Gallery land; or\n    (c) not to park the vehicle or device in a specified place on Gallery land.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Powers of security officers—possible prohibited articles","content":"#### 16 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Powers of security officers—offence","content":"#### 17 Powers of security officers—offence\n\n  A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a security officer gives the person a direction under this Division; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.","sortOrder":20},{"sectionNumber":"Division 3","sectionType":"division","heading":"Council notices","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Gallery Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Gallery Act 1975.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Gallery;\n    (d) national collection.\n  In this instrument:\n\n> Act means the National Gallery Act 1975.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 8 to sell or supply liquor.\n\n> Council notice has the meaning given by subsection 18(1).\n\n> Gallery building means a building on Gallery land.\n\n> Gallery contractor means:\n\n    (a) a contractor of the Gallery; or\n    (b) a contractor or employee of another Gallery contractor.\n\n> Gallery land means land:\n\n    (a) made available to the Gallery under subsection 8(1) of the Act; or\n    (b) otherwise owned by or under the control of the Gallery.\n\n> Gallery material means:\n\n    (a) a Gallery work of art; or\n    (b) other material that is owned by the Gallery or under its control; or\n    (c) any structure, equipment or material that is kept by the Gallery for purposes relating to:\n    (i) the exhibition or display of material referred to in paragraph (a) or (b); or\n    (ii) research, educational or publicity activities in relation to that material.\n\n> Gallery work of art means a work of art:\n\n    (a) forming part of the national collection; or\n    (b) under the control of the Gallery.\n\n> liquor has the same meaning as in section 45 of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a staff member appointed under subsection 12(1) to be a security officer.\n\n> staff member means:\n\n    (a) a member of the staff of the Gallery; or\n    (b) a Gallery contractor who is an individual; or\n    (c) a volunteer.\n\n> volunteer means an individual who works for the Gallery on a voluntary basis.\n\n## Part 2—Purchase and disposal of assets\n\n#### 6 Power to purchase and dispose of assets\n\n  (1) For the purposes of paragraphs 38(1)(a) and (b) of the Act, $10,000,000 is prescribed.\n  (2) For the purposes of paragraphs 38(1)(c), (d) and (e) of the Act, $2,000,000 is prescribed.\n\n## Part 3—Supply of liquor\n\n#### 7 Purposes of this Part\n\n  This Part is made for the purposes of subsection 45(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Council may, in writing, authorise a person, or a class of persons, to sell or supply liquor on Gallery land, or in a Gallery building.\n  (2) The Council must specify in the authorisation:\n    (a) the parts of the Gallery land or Gallery building where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Council may specify in the authorisation conditions to which it is subject.\n\n#### 9 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on Gallery land, or in a Gallery building, by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on Gallery land, or in a Gallery building if the other person does not satisfy the first person of the other person’s age.\n\n#### 10 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is Gallery land or a Gallery building; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 4—Conduct of persons on Gallery land and in Gallery buildings\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  For the purposes of paragraph 46(a) of the Act, this Part regulates the conduct of persons on Gallery land or in Gallery buildings.\n\n### Division 2—Security officers\n\n#### 12 Security officers\n\n  Appointment of security officers\n  (1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be a security officer if the Director is reasonably satisfied that the staff member has received appropriate training.\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or\n    (b) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) A security officer may direct members of the public or staff members to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any reason.\n\n#### 14 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on Gallery land, or in a Gallery building:\n    (a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or\n    (b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or\n    (c) is refusing to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from the Gallery land, a Gallery building, or both; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 15 Powers of security officers—vehicles and similar devices\n\n  A security officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:\n    (a) to park the vehicle or device in a specified place on Gallery land; or\n    (b) not to park the vehicle or device on Gallery land; or\n    (c) not to park the vehicle or device in a specified place on Gallery land.\n\n#### 16 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 17 Powers of security officers—offence\n\n  A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a security officer gives the person a direction under this Division; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n### Division 3—Council notices\n\n#### 18 Council notices\n\n  (1) The Council may, by legislative instrument, issue a notice (a Council notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Council; and\n    (c) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.\n  (3) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a copy of a Council notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the Council notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the Council notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Gallery building or Gallery land to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 19 Damaging Gallery material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) touches a Gallery work of art or interferes with Gallery material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Gallery material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, wall or fence; or\n    (ii) writes on a building, fixture, fitting, wall or fence; and\n    (b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and\n    (c) the building is a Gallery building, or the wall, fence, fixture, fitting, plant or garden is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 29 of the Crimes Act 1914 (about destroying or damaging Commonwealth property).\n\n#### 20 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.\n\nPenalty: 5 penalty units.\n\n#### 21 Animals\n\n  (1) A person commits an offence if:\n    (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building; and\n    (c) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 22 Foods and liquids\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings food or liquid into a building; or\n    (ii) consumes food or liquid in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is medication; or\n    (b) to bringing water into a Gallery building if the water is in a sealed container; or\n    (c) to consuming water while:\n    (i) seated; or\n    (ii) in a foyer of a Gallery building;\n    and at least 2 metres away from a Gallery work of art; or\n    (d) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 23 Smoking\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 24 Prohibited articles\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article into a building; or\n    (ii) uses a prohibited article in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or\n    (b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 25 Defences\n\n  (1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Council had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 5—Entry charges\n\n#### 26 Entry charges\n\n  (1) For the purposes of paragraph 46(b) of the Act, no charge is fixed for entry by a person into a Gallery building or onto Gallery land.\n  (2) This section does not prevent the Gallery from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(2)(gb) of the Act; or\n    (b) parking in a Gallery building or on Gallery land.\n\n## Part 6—Transitional provisions\n\n#### 27 Definitions\n\n  In this Part:\n\n> old regulations means the National Gallery Regulations 1982, as in force immediately before the commencement of this section.\n\n#### 28 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 9(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.\n\n#### 29 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 5(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 5(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 12(2) of this instrument.\n\n#### 30 Council notices\n\n  A notice:\n    (a) issued by the authority of the Council under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 18(1) of this instrument.\n\n#### 31 Consent of Council\n\n  For the purposes of subsection 25(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Council notices","content":"#### 18 Council notices\n\n  (1) The Council may, by legislative instrument, issue a notice (a Council notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Council; and\n    (c) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.\n  (3) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a copy of a Council notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the Council notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the Council notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Gallery building or Gallery land to which the notice relates; and\n    (ii) the location to which the notice relates.","sortOrder":22},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Gallery Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Gallery Act 1975.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Gallery;\n    (d) national collection.\n  In this instrument:\n\n> Act means the National Gallery Act 1975.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 8 to sell or supply liquor.\n\n> Council notice has the meaning given by subsection 18(1).\n\n> Gallery building means a building on Gallery land.\n\n> Gallery contractor means:\n\n    (a) a contractor of the Gallery; or\n    (b) a contractor or employee of another Gallery contractor.\n\n> Gallery land means land:\n\n    (a) made available to the Gallery under subsection 8(1) of the Act; or\n    (b) otherwise owned by or under the control of the Gallery.\n\n> Gallery material means:\n\n    (a) a Gallery work of art; or\n    (b) other material that is owned by the Gallery or under its control; or\n    (c) any structure, equipment or material that is kept by the Gallery for purposes relating to:\n    (i) the exhibition or display of material referred to in paragraph (a) or (b); or\n    (ii) research, educational or publicity activities in relation to that material.\n\n> Gallery work of art means a work of art:\n\n    (a) forming part of the national collection; or\n    (b) under the control of the Gallery.\n\n> liquor has the same meaning as in section 45 of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a staff member appointed under subsection 12(1) to be a security officer.\n\n> staff member means:\n\n    (a) a member of the staff of the Gallery; or\n    (b) a Gallery contractor who is an individual; or\n    (c) a volunteer.\n\n> volunteer means an individual who works for the Gallery on a voluntary basis.\n\n## Part 2—Purchase and disposal of assets\n\n#### 6 Power to purchase and dispose of assets\n\n  (1) For the purposes of paragraphs 38(1)(a) and (b) of the Act, $10,000,000 is prescribed.\n  (2) For the purposes of paragraphs 38(1)(c), (d) and (e) of the Act, $2,000,000 is prescribed.\n\n## Part 3—Supply of liquor\n\n#### 7 Purposes of this Part\n\n  This Part is made for the purposes of subsection 45(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Council may, in writing, authorise a person, or a class of persons, to sell or supply liquor on Gallery land, or in a Gallery building.\n  (2) The Council must specify in the authorisation:\n    (a) the parts of the Gallery land or Gallery building where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Council may specify in the authorisation conditions to which it is subject.\n\n#### 9 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on Gallery land, or in a Gallery building, by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on Gallery land, or in a Gallery building if the other person does not satisfy the first person of the other person’s age.\n\n#### 10 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is Gallery land or a Gallery building; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 4—Conduct of persons on Gallery land and in Gallery buildings\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  For the purposes of paragraph 46(a) of the Act, this Part regulates the conduct of persons on Gallery land or in Gallery buildings.\n\n### Division 2—Security officers\n\n#### 12 Security officers\n\n  Appointment of security officers\n  (1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be a security officer if the Director is reasonably satisfied that the staff member has received appropriate training.\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or\n    (b) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) A security officer may direct members of the public or staff members to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any reason.\n\n#### 14 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on Gallery land, or in a Gallery building:\n    (a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or\n    (b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or\n    (c) is refusing to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from the Gallery land, a Gallery building, or both; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 15 Powers of security officers—vehicles and similar devices\n\n  A security officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:\n    (a) to park the vehicle or device in a specified place on Gallery land; or\n    (b) not to park the vehicle or device on Gallery land; or\n    (c) not to park the vehicle or device in a specified place on Gallery land.\n\n#### 16 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 17 Powers of security officers—offence\n\n  A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a security officer gives the person a direction under this Division; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n### Division 3—Council notices\n\n#### 18 Council notices\n\n  (1) The Council may, by legislative instrument, issue a notice (a Council notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Council; and\n    (c) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.\n  (3) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a copy of a Council notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the Council notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the Council notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Gallery building or Gallery land to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 19 Damaging Gallery material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) touches a Gallery work of art or interferes with Gallery material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Gallery material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, wall or fence; or\n    (ii) writes on a building, fixture, fitting, wall or fence; and\n    (b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and\n    (c) the building is a Gallery building, or the wall, fence, fixture, fitting, plant or garden is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 29 of the Crimes Act 1914 (about destroying or damaging Commonwealth property).\n\n#### 20 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.\n\nPenalty: 5 penalty units.\n\n#### 21 Animals\n\n  (1) A person commits an offence if:\n    (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building; and\n    (c) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 22 Foods and liquids\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings food or liquid into a building; or\n    (ii) consumes food or liquid in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is medication; or\n    (b) to bringing water into a Gallery building if the water is in a sealed container; or\n    (c) to consuming water while:\n    (i) seated; or\n    (ii) in a foyer of a Gallery building;\n    and at least 2 metres away from a Gallery work of art; or\n    (d) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 23 Smoking\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 24 Prohibited articles\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article into a building; or\n    (ii) uses a prohibited article in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or\n    (b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 25 Defences\n\n  (1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Council had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 5—Entry charges\n\n#### 26 Entry charges\n\n  (1) For the purposes of paragraph 46(b) of the Act, no charge is fixed for entry by a person into a Gallery building or onto Gallery land.\n  (2) This section does not prevent the Gallery from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(2)(gb) of the Act; or\n    (b) parking in a Gallery building or on Gallery land.\n\n## Part 6—Transitional provisions\n\n#### 27 Definitions\n\n  In this Part:\n\n> old regulations means the National Gallery Regulations 1982, as in force immediately before the commencement of this section.\n\n#### 28 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 9(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.\n\n#### 29 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 5(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 5(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 12(2) of this instrument.\n\n#### 30 Council notices\n\n  A notice:\n    (a) issued by the authority of the Council under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 18(1) of this instrument.\n\n#### 31 Consent of Council\n\n  For the purposes of subsection 25(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Damaging Gallery material and property","content":"#### 19 Damaging Gallery material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) touches a Gallery work of art or interferes with Gallery material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Gallery material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, wall or fence; or\n    (ii) writes on a building, fixture, fitting, wall or fence; and\n    (b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and\n    (c) the building is a Gallery building, or the wall, fence, fixture, fitting, plant or garden is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 29 of the Crimes Act 1914 (about destroying or damaging Commonwealth property).","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Selling articles","content":"#### 20 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.\n\nPenalty: 5 penalty units.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Animals","content":"#### 21 Animals\n\n  (1) A person commits an offence if:\n    (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building; and\n    (c) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Foods and liquids","content":"#### 22 Foods and liquids\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings food or liquid into a building; or\n    (ii) consumes food or liquid in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is medication; or\n    (b) to bringing water into a Gallery building if the water is in a sealed container; or\n    (c) to consuming water while:\n    (i) seated; or\n    (ii) in a foyer of a Gallery building;\n    and at least 2 metres away from a Gallery work of art; or\n    (d) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Smoking","content":"#### 23 Smoking\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) smokes.\n\nPenalty: 5 penalty units.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Prohibited articles","content":"#### 24 Prohibited articles\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article into a building; or\n    (ii) uses a prohibited article in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or\n    (b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.","sortOrder":29},{"sectionNumber":"Division 5","sectionType":"division","heading":"Defences","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Gallery Regulations 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Gallery Act 1975.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Council;\n    (b) Director;\n    (c) Gallery;\n    (d) national collection.\n  In this instrument:\n\n> Act means the National Gallery Act 1975.\n\n> assistance animal has the same meaning as in the Disability Discrimination Act 1992.\n\n> authorised liquor supplier means a person who is authorised under section 8 to sell or supply liquor.\n\n> Council notice has the meaning given by subsection 18(1).\n\n> Gallery building means a building on Gallery land.\n\n> Gallery contractor means:\n\n    (a) a contractor of the Gallery; or\n    (b) a contractor or employee of another Gallery contractor.\n\n> Gallery land means land:\n\n    (a) made available to the Gallery under subsection 8(1) of the Act; or\n    (b) otherwise owned by or under the control of the Gallery.\n\n> Gallery material means:\n\n    (a) a Gallery work of art; or\n    (b) other material that is owned by the Gallery or under its control; or\n    (c) any structure, equipment or material that is kept by the Gallery for purposes relating to:\n    (i) the exhibition or display of material referred to in paragraph (a) or (b); or\n    (ii) research, educational or publicity activities in relation to that material.\n\n> Gallery work of art means a work of art:\n\n    (a) forming part of the national collection; or\n    (b) under the control of the Gallery.\n\n> liquor has the same meaning as in section 45 of the Act.\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or\n    (b) a camera or associated equipment; or\n\nExample: Associated equipment includes a tripod or selfie stick.\n\n    (c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.\n\n> security officer means a staff member appointed under subsection 12(1) to be a security officer.\n\n> staff member means:\n\n    (a) a member of the staff of the Gallery; or\n    (b) a Gallery contractor who is an individual; or\n    (c) a volunteer.\n\n> volunteer means an individual who works for the Gallery on a voluntary basis.\n\n## Part 2—Purchase and disposal of assets\n\n#### 6 Power to purchase and dispose of assets\n\n  (1) For the purposes of paragraphs 38(1)(a) and (b) of the Act, $10,000,000 is prescribed.\n  (2) For the purposes of paragraphs 38(1)(c), (d) and (e) of the Act, $2,000,000 is prescribed.\n\n## Part 3—Supply of liquor\n\n#### 7 Purposes of this Part\n\n  This Part is made for the purposes of subsection 45(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Council may, in writing, authorise a person, or a class of persons, to sell or supply liquor on Gallery land, or in a Gallery building.\n  (2) The Council must specify in the authorisation:\n    (a) the parts of the Gallery land or Gallery building where liquor may be sold or supplied; and\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Council may specify in the authorisation conditions to which it is subject.\n\n#### 9 Supply of liquor\n\n  Authorisations\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) sells or supplies liquor.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to a person:\n    (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or\n    (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on Gallery land, or in a Gallery building, by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor; and\n    (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (4) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor; and\n    (c) the liquor is adulterated.\n\nPenalty: 5 penalty units.\n\n  Intoxicated persons and minors\n  (5) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person sells or supplies liquor to another person; and\n    (c) the other person is:\n    (i) intoxicated; or\n    (ii) under 18.\n\nPenalty: 5 penalty units.\n\n  (6) A person may refuse to sell or supply liquor to another person on Gallery land, or in a Gallery building if the other person does not satisfy the first person of the other person’s age.\n\n#### 10 Buying or obtaining liquor\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) buys or obtains liquor; and\n    (c) is under 18.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person sends another person to buy or obtain liquor; and\n    (b) the place to which the other person is sent to buy or obtain liquor is Gallery land or a Gallery building; and\n    (c) the other person is under 18.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n## Part 4—Conduct of persons on Gallery land and in Gallery buildings\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  For the purposes of paragraph 46(a) of the Act, this Part regulates the conduct of persons on Gallery land or in Gallery buildings.\n\n### Division 2—Security officers\n\n#### 12 Security officers\n\n  Appointment of security officers\n  (1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be a security officer if the Director is reasonably satisfied that the staff member has received appropriate training.\n  Identity cards\n  (2) The Director must issue an identity card to a security officer appointed under subsection (1).\n  (3) The identity card must:\n    (a) be in the form (if any) approved by the Director; and\n    (b) contain a recent photograph of the person to whom it is issued.\n  (4) A security officer must carry the identity card at all times when performing functions or exercising powers as a security officer.\n  (5) A person commits an offence of strict liability if:\n    (a) the person ceases to be a security officer; and\n    (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director.\n\nPenalty: 1 penalty unit.\n\n  (6) Subsection (5) does not apply if the identity card was lost or destroyed.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of security officers—directions to leave\n\n  (1) A security officer may direct a person or group of persons to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that:\n    (a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or\n    (b) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or\n    (c) the person or group intends to commit, is committing, or has committed, an offence against this instrument.\n  (2) A security officer may direct members of the public or staff members to leave Gallery land, a Gallery building or any part of Gallery land or a Gallery building if the security officer has reasonable grounds for believing that the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any reason.\n\n#### 14 Powers of security officers—apprehension\n\n  (1) This section applies if a security officer has reasonable grounds for believing that a person on Gallery land, or in a Gallery building:\n    (a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or\n    (b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or\n    (c) is refusing to comply with a direction given by a security officer in the performance of the officer’s duties.\n  (2) The security officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the security officer apprehends the person, the person may be:\n    (a) removed from the Gallery land, a Gallery building, or both; or\n    (b) held in the custody of a security officer until the person can be taken into the custody of a member of a police force.\n  (4) If a person is held in the custody of a security officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.\n\n#### 15 Powers of security officers—vehicles and similar devices\n\n  A security officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:\n    (a) to park the vehicle or device in a specified place on Gallery land; or\n    (b) not to park the vehicle or device on Gallery land; or\n    (c) not to park the vehicle or device in a specified place on Gallery land.\n\n#### 16 Powers of security officers—possible prohibited articles\n\n  (1) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to submit the article for inspection, if the article appears to the security officer to be a prohibited article.\n  (2) A security officer may direct a person who is carrying an article on Gallery land or in a Gallery building to leave the article in an area designated for prohibited articles, if the article appears to the security officer to be a prohibited article.\n\n#### 17 Powers of security officers—offence\n\n  A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a security officer gives the person a direction under this Division; and\n    (c) the person does not comply with the direction.\n\nPenalty: 5 penalty units.\n\n### Division 3—Council notices\n\n#### 18 Council notices\n\n  (1) The Council may, by legislative instrument, issue a notice (a Council notice) in accordance with subsection (2).\n  (2) The notice must:\n    (a) be set out in the legislative instrument; and\n    (b) state that it is issued by the authority of the Council; and\n    (c) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.\n  (3) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) a copy of a Council notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the Council notice applies to the person; and\n    (d) the person does not comply with the prohibition, condition or restriction.\n\nPenalty: 5 penalty units.\n\n  (4) For the purposes of paragraph (3)(b), the Council notice must be clearly displayed:\n    (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and\n    (b) at either or both of:\n    (i) the entrance to the area of the Gallery building or Gallery land to which the notice relates; and\n    (ii) the location to which the notice relates.\n\n### Division 4—Other provisions\n\n#### 19 Damaging Gallery material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) touches a Gallery work of art or interferes with Gallery material.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on Gallery land or in a Gallery building; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Gallery material.\n\nPenalty: 5 penalty units.\n\n  (3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).\n  (4) A person commits an offence if:\n    (a) the person:\n    (i) attaches an article to a building, wall or fence; or\n    (ii) writes on a building, fixture, fitting, wall or fence; and\n    (b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (5) A person commits an offence if:\n    (a) the person engages in conduct; and\n    (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and\n    (c) the building is a Gallery building, or the wall, fence, fixture, fitting, plant or garden is on Gallery land.\n\nPenalty: 5 penalty units.\n\n  (6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).\n  (7) This section does not limit section 29 of the Crimes Act 1914 (about destroying or damaging Commonwealth property).\n\n#### 20 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.\n\nPenalty: 5 penalty units.\n\n#### 21 Animals\n\n  (1) A person commits an offence if:\n    (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply if:\n    (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or\n    (b) the person is a member of a police force acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n  (3) A person commits an offence if:\n    (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and\n    (b) the building is a Gallery building; and\n    (c) the animal is not restrained on a lead or by other reasonable means.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n#### 22 Foods and liquids\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings food or liquid into a building; or\n    (ii) consumes food or liquid in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is medication; or\n    (b) to bringing water into a Gallery building if the water is in a sealed container; or\n    (c) to consuming water while:\n    (i) seated; or\n    (ii) in a foyer of a Gallery building;\n    and at least 2 metres away from a Gallery work of art; or\n    (d) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n#### 23 Smoking\n\n  A person commits an offence if the person:\n    (a) is on Gallery land or in a Gallery building; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n#### 24 Prohibited articles\n\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article into a building; or\n    (ii) uses a prohibited article in a building; and\n    (b) the building is a Gallery building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or\n    (b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 25 Defences\n\n  (1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Council had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.\n\n## Part 5—Entry charges\n\n#### 26 Entry charges\n\n  (1) For the purposes of paragraph 46(b) of the Act, no charge is fixed for entry by a person into a Gallery building or onto Gallery land.\n  (2) This section does not prevent the Gallery from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(2)(gb) of the Act; or\n    (b) parking in a Gallery building or on Gallery land.\n\n## Part 6—Transitional provisions\n\n#### 27 Definitions\n\n  In this Part:\n\n> old regulations means the National Gallery Regulations 1982, as in force immediately before the commencement of this section.\n\n#### 28 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 9(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.\n\n#### 29 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 5(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 5(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 12(2) of this instrument.\n\n#### 30 Council notices\n\n  A notice:\n    (a) issued by the authority of the Council under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 18(1) of this instrument.\n\n#### 31 Consent of Council\n\n  For the purposes of subsection 25(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Defences","content":"#### 25 Defences\n\n  (1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Council had consented, in writing, to the conduct.\n  (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:\n    (a) a member of the Council; or\n    (b) the Director; or\n    (c) a staff member;\n  acting in accordance with the person’s duties.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"Entry charges","content":"## Part 5—Entry charges","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Entry charges","content":"#### 26 Entry charges\n\n  (1) For the purposes of paragraph 46(b) of the Act, no charge is fixed for entry by a person into a Gallery building or onto Gallery land.\n  (2) This section does not prevent the Gallery from fixing charges for:\n    (a) special exhibitions or other special events under paragraph 7(2)(gb) of the Act; or\n    (b) parking in a Gallery building or on Gallery land.","sortOrder":33},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transitional provisions","content":"## Part 6—Transitional provisions","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Definitions","content":"#### 27 Definitions\n\n  In this Part:\n\n> old regulations means the National Gallery Regulations 1982, as in force immediately before the commencement of this section.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Authorisation to supply liquor","content":"#### 28 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 9(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Security officers","content":"#### 29 Security officers\n\n  (1) An appointment:\n    (a) made under subregulation 5(1) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (2) An identity card:\n    (a) issued under subregulation 5(2) of the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if had been issued under subsection 12(2) of this instrument.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Council notices","content":"#### 30 Council notices\n\n  A notice:\n    (a) issued by the authority of the Council under the old regulations; and\n    (b) in force immediately before the commencement of this section;\n  has effect, from that commencement, as if it had been issued under subsection 18(1) of this instrument.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Consent of Council","content":"#### 31 Consent of Council\n\n  For the purposes of subsection 25(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":39}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2323},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the National Gallery Act 1975. They update and consolidate the 1982 regulations, covering asset management, liquor licensing, security powers, and visitor conduct — all traditional areas for a cultural institution's subordinate legislation. The scope has not expanded beyond what is necessary for the Gallery's administration and protection of its collection."},"complexity_factors":["Approximately 15 defined terms in the interpretation section (section 5), plus incorporation of definitions from the parent Act (National Gallery Act 1975) and the Disability Discrimination Act 1992.","Multiple nested exceptions and defences: for example, section 9(2) provides exceptions to the liquor offence in 9(1); section 25 provides general defences applying across Parts 3 and 4; and section 21(2) creates exceptions for assistance animals, while section 21(3) creates a separate offence for unrestrained assistance animals.","Cross-references to four separate Commonwealth statutes: the National Gallery Act 1975 (authority and definitions), Disability Discrimination Act 1992 (assistance animals), Criminal Code 1995 (evidential burdens and fault elements), and Crimes Act 1914 (property damage).","Variable fault elements: some offences are strict liability (section 12(5)), some require recklessness or negligence (sections 19(3) and 19(6)), and others use standard intention-based fault elements.","Structured hierarchy of Parts and Divisions (6 Parts, with Part 4 containing 5 Divisions), creating layered conditional logic for when specific rules apply."],"plain_english_summary":"These regulations set rules for visiting and operating the National Gallery of Australia: they limit the Gallery’s purchasing thresholds, require permits and impose age/intoxication rules for alcohol sales, give security officers authority to remove or detain people and inspect bags, and restrict visitor behaviour (no touching art, limited food/drink, no smoking or unauthorised selling, and limits on certain photography gear). General entry is free, though special exhibitions and parking may be charged.\n\nThey affect visitors, staff, contractors, security and caterers, protecting the collection and ensuring safety and order."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations largely formalise and update operational rules that implement powers already in the National Gallery Act (reg 8 liquor authorisations, reg 12 security officers, reg 18 Council notices, regs 19–24 conduct rules). Transitional provisions explicitly carry forward authorisations and appointments under the old 1982 regulations (regs 28–31). The instrument does not expand the Gallery’s substantive statutory powers beyond the Act; it prescribes thresholds, procedural mechanisms and behavioural rules to give effect to the Act rather than creating new policy domains."},"complexity_factors":["Around 15 defined terms in the interpretation section (reg 5) that are relied on throughout the instrument","Multiple cross-references to the National Gallery Act 1975 (authority and purpose provisions) and to the Criminal Code evidential-burden rule (reg notes)","Several offence provisions with identical penalty units but different elements (regs 9–10, 17–24) — requires element-by-element analysis for prosecutions","Discretionary powers given to two bodies (Council and Director) with minimal procedural detail (reg 8, reg 12) — invites administrative variability","Exceptions and conditional lists (e.g. foods and liquids exceptions in reg 22; prohibited articles exceptions in reg 24) produce nested conditional logic","Council notices must be issued by legislative instrument and clearly displayed to be enforceable (reg 18) — two-step compliance and enforcement requirement","Transitional provisions preserving prior authorisations and appointments (regs 28–31) require cross-checking historic instruments","Evidential-burden notes (references to Criminal Code s13.3(3)) impose procedural effects on defendants and prosecutions"],"plain_english_summary":"**What these regulations do (mechanics)\n\n- Define key terms used by the Gallery (for example: Gallery land, Gallery material, prohibited article, authorised liquor supplier, security officer) (reg 5).\n- Set monetary thresholds the Gallery may use when buying or disposing of assets under the National Gallery Act ($10,000,000 and $2,000,000) (reg 6).\n- Allow the Gallery Council to authorise people or classes of people to sell or supply alcohol on Gallery land or in Gallery buildings and to attach conditions to those authorisations (reg 8).  It is an offence to sell or supply alcohol on Gallery land unless authorised, to supply adulterated liquor, or to supply alcohol to an intoxicated person or someone under 18 (regs 9–10).  The Council must specify where and when alcohol may be sold (reg 8(2)).\n- Give the Director power to appoint trained staff as security officers, require identity cards and set a small penalty if a departing officer fails to return an identity card (reg 12).\n- Give security officers a range of powers on Gallery land: direct people to leave, apprehend (using reasonable force) people who are interfering with or damaging Gallery material, control parking on Gallery land, and inspect or require deposit of articles that appear to be prohibited (regs 13–17).\n- Enable the Council to make \"Council notices\" (by legislative instrument) that set prohibitions, conditions or restrictions for Gallery land or material; failure to comply with a displayed Council notice is an offence (reg 18).\n- Create a set of behaviour rules and offences for people on Gallery land or in Gallery buildings: e.g. do not touch works of art or otherwise damage Gallery material; no unauthorised selling of goods; no animals in buildings except assistance animals (subject to restraint rules); no food or drink in most areas (with specific exceptions for medication, sealed water, infant feeding, designated areas and some foyer/seated situations); no smoking; and restrictions on bringing or using prohibited articles (regs 19–24).\n- Provide defences where the Council gave written consent to the conduct or where the accused was a member of the Council, the Director or a staff member acting within their duties (reg 25).  The regulations also repeat that in some cases a defendant bears an evidential burden (see notes to regs 9(2), 12(6), 21(2), 22(2) and 24(2)).\n- State that ordinary entry to Gallery land/buildings is not fixed at a charge (the Gallery may still charge for special exhibitions or parking) (reg 26).\n- Preserve existing authorisations, appointments and Council notices made under the old (1982) regulations so they continue to have effect under these regulations (transitional regs 28–31).\n\nWho is affected\n\n- Visitors: must follow conduct rules (no touching works, no smoking, food/drink limits, camera/use restrictions, respect Council notices and directions from security officers); minors are prohibited from buying or obtaining alcohol on Gallery land (regs 9–10, 19–24).\n- Staff and volunteers: subject to appointment, training and identity-card rules for security officers if so appointed (reg 12); staff acting within duties have a statutory defence for otherwise prohibited acts (reg 25).\n- Authorised liquor suppliers and other commercial operators on Gallery land: may only sell or supply liquor under written authorisation from the Council and must follow conditions set out in that authorisation (regs 8–9).\n- The Gallery Council and the Director: decide on authorisations to sell liquor (Council) (reg 8), make Council notices (reg 18), and appoint trained security officers (Director) (reg 12).\n\nWhy it matters (practical effects, incentives, costs and trade-offs)\n\n- Protects Gallery material and the Gallery’s physical plant by making touching, damaging and some behaviours criminal offences with modest fines (regs 19, 23, 24).\n  - Who pays: visitors who breach rules (penalties are set in penalty units; many offences carry 5 penalty units; identity-card return has 1 penalty unit) (regs 9, 17, 19–24, 12(5)).\n  - Incentives: criminal penalties and the authority of security officers create a deterrent against careless or deliberate damage. The Director’s appointment power (reg 12(1)) creates a requirement for staff training as an implementation condition.\n- Controls commercial activity on Gallery land: the Council must authorise liquor sales, specify where and when they may occur, and can impose conditions (reg 8). The Gallery may still host paid special exhibitions or charge for parking (reg 26(2)).\n  - Trade-off: limits unregulated commercial vending (reg 20) while allowing the Gallery to permit and condition certain commercial activity (reg 8), which preserves instruction over use of space but imposes administrative work to issue and police authorisations.\n- Delegates operational enforcement to Gallery security officers with powers to direct, inspect and apprehend (regs 13–17). That delegation reduces reliance on police for routine enforcement but places operational and legal risk on the Gallery to ensure training and lawful exercise of force (reg 12(1); reg 14(2)).\n  - Implementation risk: Gallery must maintain training records, identity-card systems and procedures to hand persons over to police promptly when held in custody (reg 12; reg 14(3)–(4)).\n- Uses Council notices (legislative instruments) to allow flexible, location‑specific prohibitions or conditions (reg 18). That provides administrative adaptability but creates an extra compliance step (making a legislative instrument) and requires clear display to be enforceable (reg 18(3)–(4)).\n- Evidence burdens: for several exceptions and defences the regulations note that the defendant bears an evidential burden (referring to Criminal Code section 13.3(3)). Practically, this means people who rely on exceptions (e.g. that an animal is an assistance animal, or that a camera use was non-commercial) must adduce some evidence of that fact (see notes to regs 9(2), 12(6), 21(2), 22(2), 24(2) and reg 25). That shifts some litigation burden onto defendants.\n\nConcrete implementation and compliance costs\n\n- Administrative: issuing written liquor authorisations, drafting/displaying Council notices, maintaining identity‑card records, training and supervising security officers (regs 8, 12, 18).\n- Enforcement: staff time to inspect, require deposit of prohibited items, direct or remove persons, and liaise with police for apprehensions (regs 13–17).\n- Private costs: visitors who disobey rules face fines; commercial operators must obtain and comply with authorisations to sell liquor.\n\nBottom line (mechanical summary)\n\nThese regulations implement the National Gallery Act by defining terms, prescribing monetary thresholds for asset transactions, regulating where and how alcohol may be supplied on Gallery land, setting specific rules of conduct (touching works, food/drink, smoking, animals, cameras, selling goods), empowering the Director and the Council to make operational decisions (appoint security officers, authorise liquor, issue Council notices), and establishing penalties and transitional arrangements for actions authorised under earlier regulations (see regs 5–31)."}},"importantCases":[],"_links":{"self":"/api/acts/national-gallery-regulations-2018","history":"/api/acts/national-gallery-regulations-2018/history","analysis":"/api/acts/national-gallery-regulations-2018/analysis","conflicts":"/api/acts/national-gallery-regulations-2018/conflicts","importantCases":"/api/acts/national-gallery-regulations-2018/important-cases","documents":"/api/acts/national-gallery-regulations-2018/documents"}}