{"id":"F2019L01273","name":"National Museum of Australia Regulations 2019","slug":"national-museum-of-australia-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99852,"registerId":"commonwealth-F2019L01273-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 Museum of Australia Regulations 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.","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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Financial transactions","content":"## Part 2—Financial transactions","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Restrictions on financial transactions","content":"#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(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 Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Museum of Australia Regulations 2019.\n\n#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.\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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.\n\n### Division 2—Authorised officers\n\n#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.\n\n#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.\n\n#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.\n\n#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.\n\n#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 4—Other provisions\n\n#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.\n\n#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 29 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 Director 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#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.\n\n## Part 6—Delegations\n\n#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 7—Review of decisions\n\n#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.\n\n## Part 8—Transitional provisions\n\n### Division 1—Provisions of this instrument as originally made\n\n#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.\n\n#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.\n\n#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.\n\n#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.\n\n#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.\n\n#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.\n\n#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","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 Museum of Australia Regulations 2019.\n\n#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.\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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.\n\n### Division 2—Authorised officers\n\n#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.\n\n#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.\n\n#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.\n\n#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.\n\n#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 4—Other provisions\n\n#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.\n\n#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 29 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 Director 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#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.\n\n## Part 6—Delegations\n\n#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 7—Review of decisions\n\n#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.\n\n## Part 8—Transitional provisions\n\n### Division 1—Provisions of this instrument as originally made\n\n#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.\n\n#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.\n\n#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.\n\n#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.\n\n#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.\n\n#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.\n\n#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Purposes of this Part","content":"#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Authorised officers","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Museum of Australia Regulations 2019.\n\n#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.\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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.\n\n### Division 2—Authorised officers\n\n#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.\n\n#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.\n\n#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.\n\n#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.\n\n#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 4—Other provisions\n\n#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.\n\n#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 29 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 Director 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#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.\n\n## Part 6—Delegations\n\n#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 7—Review of decisions\n\n#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.\n\n## Part 8—Transitional provisions\n\n### Division 1—Provisions of this instrument as originally made\n\n#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.\n\n#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.\n\n#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.\n\n#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.\n\n#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.\n\n#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.\n\n#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Authorised officers","content":"#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Powers of authorised officers—prohibiting entry","content":"#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Powers of authorised officers—directions to leave","content":"#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Powers of authorised officers—apprehension","content":"#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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":18},{"sectionNumber":"16","sectionType":"section","heading":"Powers of authorised officers—vehicles","content":"#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Powers of authorised officers—possible prohibited articles","content":"#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Powers of authorised officers—taking photographs","content":"#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Powers of authorised officers—deletion and destruction of photographs","content":"#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Powers of authorised officers—offence","content":"#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.","sortOrder":23},{"sectionNumber":"Division 3","sectionType":"division","heading":"Director’s notices","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Museum of Australia Regulations 2019.\n\n#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.\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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.\n\n### Division 2—Authorised officers\n\n#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.\n\n#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.\n\n#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.\n\n#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.\n\n#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 4—Other provisions\n\n#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.\n\n#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 29 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 Director 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#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.\n\n## Part 6—Delegations\n\n#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 7—Review of decisions\n\n#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.\n\n## Part 8—Transitional provisions\n\n### Division 1—Provisions of this instrument as originally made\n\n#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.\n\n#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.\n\n#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.\n\n#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.\n\n#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.\n\n#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.\n\n#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Director’s notices","content":"#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.","sortOrder":25},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Museum of Australia Regulations 2019.\n\n#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.\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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.\n\n### Division 2—Authorised officers\n\n#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.\n\n#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.\n\n#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.\n\n#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.\n\n#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 4—Other provisions\n\n#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.\n\n#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 29 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 Director 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#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.\n\n## Part 6—Delegations\n\n#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 7—Review of decisions\n\n#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.\n\n## Part 8—Transitional provisions\n\n### Division 1—Provisions of this instrument as originally made\n\n#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.\n\n#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.\n\n#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.\n\n#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.\n\n#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.\n\n#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.\n\n#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Damaging Museum material and property","content":"#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Selling articles","content":"#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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":28},{"sectionNumber":"24","sectionType":"section","heading":"Photographing, copying etc. material in national historical collection","content":"#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Animals","content":"#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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":30},{"sectionNumber":"26","sectionType":"section","heading":"Foods and liquids","content":"#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Smoking","content":"#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Prohibited articles","content":"#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.","sortOrder":33},{"sectionNumber":"Division 5","sectionType":"division","heading":"Defences","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Museum of Australia Regulations 2019.\n\n#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.\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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.\n\n### Division 2—Authorised officers\n\n#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.\n\n#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.\n\n#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.\n\n#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.\n\n#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 4—Other provisions\n\n#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.\n\n#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 29 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 Director 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#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.\n\n## Part 6—Delegations\n\n#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 7—Review of decisions\n\n#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.\n\n## Part 8—Transitional provisions\n\n### Division 1—Provisions of this instrument as originally made\n\n#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.\n\n#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.\n\n#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.\n\n#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.\n\n#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.\n\n#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.\n\n#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Defences","content":"#### 29 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 Director 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":35},{"sectionNumber":"Part 5","sectionType":"part","heading":"Entry charges","content":"## Part 5—Entry charges","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Entry charges","content":"#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.","sortOrder":37},{"sectionNumber":"Part 6","sectionType":"part","heading":"Delegations","content":"## Part 6—Delegations","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Delegation by Director","content":"#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.","sortOrder":39},{"sectionNumber":"Part 7","sectionType":"part","heading":"Review of decisions","content":"## Part 7—Review of decisions","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Review by Administrative Review Tribunal","content":"#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.","sortOrder":41},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the National Museum of Australia Regulations 2019.\n\n#### 3 Authority\n\n  This instrument is made under the National Museum of Australia Act 1980.\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) historical material;\n    (d) Museum;\n    (e) national historical collection.\n  In this instrument:\n\n> Act means the National Museum of Australia Act 1980.\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> authorised officer means a person who is appointed under section 12 to be an authorised officer.\n\n> Director’s notice has the meaning given by subsection 21(1).\n\n> e‑cigarette has the meaning given by subsection 27(3).\n\n> engage in conduct has the meaning given by the Criminal Code.\n\n> liquor has the meaning given by subsection 41(3) of the Act.\n\n> liquor controlled premises means premises in the Australian Capital Territory that are owned by or under the control of the Museum.\n\n> Museum building means a building owned by or under the control of the Museum.\n\n> Museum contractor means:\n\n    (a) a contractor of the Museum; or\n    (b) a contractor or employee of another Museum contractor.\n\n> Museum land means land owned by or under the control of the Museum.\n\n> Museum material means:\n\n    (a) material forming part of the national historical collection; or\n    (b) other material owned by, or under the control of, the Museum; or\n    (c) any structure, equipment or material kept by the Museum for purposes relating to the exhibition or display of, or research, educational or publicity activities in relation to, material referred to in paragraph (a) or (b).\n\n> Museum premises means a Museum building or Museum land.\n\n> non‑tobacco smoking product has the meaning given by subsection 27(3).\n\n> prohibited article means:\n\n    (a) an implement, other than a pen or pencil, that could be used to damage or conceal Museum 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> smokes has the meaning given by subsection 27(2).\n\n> staff member means:\n\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (b) a person whose services are made available to the Museum under section 31 of the Act; or\n    (c) a Museum contractor who is an individual; or\n    (d) a volunteer.\n\n> tobacco product has the meaning given by subsection 27(3).\n\n> vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.\n\n> volunteer means an individual who works for the Museum on a voluntary basis.\n\n## Part 2—Financial transactions\n\n#### 6 Restrictions on financial transactions\n\n  For the purposes of paragraphs 37(1)(a) to (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 41(1) of the Act.\n\n#### 8 Authorisation to supply liquor\n\n  (1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in liquor controlled premises.\n  (2) The Director must specify the following conditions in the authorisation:\n    (a) the parts of liquor controlled premises where liquor may be sold or supplied;\n    (b) the hours during which liquor may be sold or supplied.\n  (3) The Director 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 or in liquor controlled premises; 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 or in liquor controlled premises by an authorised liquor supplier.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n  (3) If a person:\n    (a) is on or in liquor controlled premises; and\n    (b) is an authorised liquor supplier; and\n    (c) sells or supplies liquor;\n  the person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).\n  (4) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 5 penalty units.\n\n  Adulterated liquor\n  (5) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (6) A person commits an offence if:\n    (a) the person is on or in liquor controlled premises; 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  (7) A person may refuse to sell or supply liquor to another person on or in liquor controlled premises 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 or in liquor controlled premises; 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 liquor controlled premises; 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 Museum premises\n\n### Division 1—Purposes of this Part\n\n#### 11 Purposes of this Part\n\n  This Part is made for the purposes of paragraphs 44(a), (c) and (d) of the Act.\n\n### Division 2—Authorised officers\n\n#### 12 Authorised officers\n\n  Appointment of authorised officers\n  (1) The Director may, in writing, appoint any of the following persons to be an authorised officer if the Director is reasonably satisfied that the person has received appropriate training:\n    (a) a member of the staff of the Museum mentioned in section 30 of the Act;\n    (b) a person whose services are made available to the Museum under section 31 of the Act;\n    (c) a Museum contractor who is an individual.\n  Identity cards\n  (2) The Director must issue an identity card to an authorised officer appointed under subsection (1).\n  (3) The identity card must contain a recent photograph of the person to whom it is issued.\n  (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.\n  (5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.\n  (6) A person commits an offence of strict liability if:\n    (a) the person is subject to a requirement under subsection (5); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty: 1 penalty unit.\n\n  (7) Subsections (5) and (6) do 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 this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 13 Powers of authorised officers—prohibiting entry\n\n  (1) An authorised officer may prohibit a person or a group of persons from entering Museum premises if the authorised officer has reasonable grounds for believing that:\n    (a) the person or group has, under section 14, been directed to leave Museum premises on one or more occasions; or\n    (b) the person has, under section 15, been removed from Museum premises on one or more occasions; or\n    (c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on or in Museum premises; or\n    (d) the conduct of the person or group on or in Museum premises will cause, or is likely to cause, offence to members of the public or staff members; or\n    (e) the person or group is likely to commit an offence against this instrument.\n  (2) An authorised officer may prohibit members of the public or staff members from entering Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises will be, or is likely to be, endangered for any reason.\n\n> Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision: see section 32.\n\n#### 14 Powers of authorised officers—directions to leave\n\n  (1) An authorised officer may direct a person or group of persons to leave Museum premises or any part of Museum premises if the authorised 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 or in Museum premises; or\n    (b) the conduct of the person or group on or in Museum premises 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) If an authorised officer issues a direction to a person in accordance with paragraph (1)(c), the authorised officer may do either or both of the following:\n    (a) take a photograph of the person;\n    (b) direct the person to provide the person’s name and residential address to the authorised officer.\n  (3) An authorised officer may direct members of the public or staff members to leave Museum premises or any part of Museum premises if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Museum premises is endangered for any reason.\n\n#### 15 Powers of authorised officers—apprehension\n\n  (1) This section applies if an authorised officer has reasonable grounds for believing that a person on or in Museum premises:\n    (a) intends to interfere with, is interfering with, or has interfered with, Museum material; or\n    (b) intends to damage, is damaging, or has damaged, Museum premises or Museum material; or\n    (c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.\n  (2) The authorised officer may apprehend the person, using such force as is reasonably necessary.\n  (3) If the authorised officer apprehends the person, the person may be:\n    (a) removed from Museum premises; or\n    (b) held in the custody of an authorised 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 an authorised 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#### 16 Powers of authorised officers—vehicles\n\n  An authorised officer may direct a person who is on or in Museum premises and apparently in charge of a vehicle:\n    (a) to park the vehicle on or in Museum premises; or\n    (b) to park the vehicle in a specified place on or in Museum premises; or\n    (c) not to park the vehicle on or in Museum premises; or\n    (d) not to park the vehicle in a specified place on or in Museum premises.\n\n#### 17 Powers of authorised officers—possible prohibited articles\n\n  (1) An authorised officer may direct a person who is carrying an article on or in Museum premises to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article.\n  (2) An authorised officer may direct a person who is carrying an article on or in Museum premises to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.\n\n#### 18 Powers of authorised officers—taking photographs\n\n  An authorised officer may direct a person who is on or in Museum premises:\n    (a) not to take any photographs while on or in Museum premises or any part of Museum premises; or\n    (b) not to take photographs of specified Museum material.\n\n#### 19 Powers of authorised officers—deletion and destruction of photographs\n\n  (1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in Museum premises, or any part of Museum premises, in contravention of:\n    (a) any direction by an authorised officer under this Division; or\n    (b) a prohibition, condition or restriction in a Director’s notice;\n  in relation to the taking of photographs.\n  (2) The authorised officer may direct the person to delete or destroy the photograph.\n\n#### 20 Powers of authorised officers—offence\n\n  (1) If:\n    (a) a person is on or in Museum premises; and\n    (b) an authorised officer gives the person a direction under this Division;\n  the person must comply with the direction.\n  (2) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (1); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 3—Director’s notices\n\n#### 21 Director’s notices\n\n  (1) The Director may, by legislative instrument, issue a notice (a Director’s 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 Director; and\n    (c) specify a prohibition, condition or restriction relating to Museum premises or Museum material.\n  (3) If:\n    (a) a person is on or in Museum premises; and\n    (b) a copy of a Director’s notice is displayed in accordance with subsection (4); and\n    (c) a prohibition, condition or restriction specified in the notice applies to the person;\n  the person must comply with the prohibition, condition or restriction.\n  (4) For the purposes of paragraph (3)(b), the 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 Museum premises to which the notice relates; and\n    (ii) the location to which the notice relates.\n  (5) A person commits an offence if:\n    (a) the person is subject to a requirement under subsection (3); and\n    (b) the person engages in conduct; and\n    (c) the person’s conduct contravenes the requirement.\n\nPenalty for contravention of this subsection: 5 penalty units.\n\n### Division 4—Other provisions\n\n#### 22 Damaging Museum material and property\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) touches or interferes with material; and\n    (c) the material is of a kind mentioned in paragraph (a) or (b) of the definition of Museum material in section 5.\n\nPenalty: 5 penalty units.\n\n  (2) A person commits an offence if:\n    (a) the person is on or in Museum premises; and\n    (b) the person engages in conduct; and\n    (c) the conduct damages Museum 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, structure, wall or fence; or\n    (ii) writes on a building, structure, fixture, fitting, wall or fence; and\n    (b) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the wall, fence, fixture or fitting is on land that is Museum premises.\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, structure, fixture, fitting, wall, fence, plant or garden; and\n    (c) either:\n    (i) the building or structure is Museum premises; or\n    (ii) the fixture, fitting, wall, fence, plant or garden is on land that is Museum premises.\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 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).\n\n#### 23 Selling articles\n\n  A person commits an offence if the person:\n    (a) is on or in Museum premises; 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#### 24 Photographing, copying etc. material in national historical collection\n\n  (1) A person commits an offence if:\n    (a) the person makes, uses, prints, publishes, exhibits, sells or offers for sale a replica, photograph, representation or copy of any material; and\n    (b) the person knows that the material is historical material forming part of the national historical collection.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to making, using, printing, publishing or exhibiting a replica, photograph, representation or copy for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 25 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 Museum 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; or\n    (c) the animal is under the control of the Museum.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: 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 Museum 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#### 26 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 Museum building.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply:\n    (a) if the food or liquid is for medical purposes; or\n    (b) to bringing water into, or drinking water in, a Museum building if the water is in a sealed container; or\n    (c) to bringing food or liquid into a Museum building for the purpose of feeding an infant if the food or liquid is in a sealed container; or\n    (d) to breastfeeding an infant; or\n    (e) to bringing food or liquid into, or consuming food or liquid in, an area in a Museum building designated for consuming food or liquid.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n#### 27 Smoking\n\n  (1) A person commits an offence if the person:\n    (a) is on or in Museum premises; and\n    (b) smokes.\n\nPenalty: 5 penalty units.\n\n  (2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour\n  (3) In this instrument:\n\n> e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.\n\n> Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.\n\n> non‑tobacco smoking product means:\n\n    (a) any product (other than a tobacco product) that is intended to be smoked; or\n    (b) any product known or described as herbal cigarettes.\n\n> tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.\n\n#### 28 Prohibited articles\n\n  Bringing prohibited articles onto or into Museum premises\n  (1) A person commits an offence if:\n    (a) the person:\n    (i) brings a prohibited article onto or into any premises; or\n    (ii) uses a prohibited article on or in any premises; and\n    (b) the premises are Museum premises.\n\nPenalty: 5 penalty units.\n\n  (2) Subsection (1) does not apply to:\n    (a) bringing a prohibited article onto or into Museum premises if the person deposits the item, as soon as practicable, at the place on or in the Museum premises designated for that purpose; or\n    (b) bringing a camera or camera bag onto or into Museum premises, or using a camera, for non‑commercial purposes.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n### Division 5—Defences\n\n#### 29 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 Director 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#### 30 Entry charges\n\n  (1) This section is made for the purposes of paragraph 44(b) of the Act.\n  Director may fix entry charges\n  (2) The Director may, in writing, fix charges for entry onto or into Museum premises.\n  (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Director may, under subsection (2) of this section, fix:\n    (a) different charges for different types of persons (including groups of persons); or\n    (b) charges for entry to an exhibition, program or other event held on or in Museum premises; or\n    (c) a single charge for entry:\n    (i) onto or into Museum premises; and\n    (ii) to an exhibition, program or other event.\n  Director may waive entry charges\n  (4) The Director may, for the purposes of:\n    (a) encouraging people to visit the Museum; or\n    (b) promoting access to the Museum for educational or disadvantaged groups;\n  waive all or part of a charge that is payable under this section by a person or group of persons.\n\n## Part 6—Delegations\n\n#### 31 Delegation by Director\n\n  (1) The Director may, in writing, delegate the Director’s powers and functions under this instrument to an APS employee who is:\n    (a) either:\n    (i) a member of the staff of the Museum mentioned in section 30 of the Act; or\n    (ii) a person whose services are made available to the Museum under subsection 31(1) of the Act; and\n    (b) any of the following:\n    (i) an SES employee;\n    (ii) an acting SES employee;\n    (iii) classified as Executive Level 2;\n    (iv) acting in a position usually occupied by an APS employee who is classified as Executive Level 2.\n  (2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.\n\n## Part 7—Review of decisions\n\n#### 32 Review by Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit entry onto or into Museum premises.\n\n## Part 8—Transitional provisions\n\n### Division 1—Provisions of this instrument as originally made\n\n#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.\n\n#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.\n\n#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.\n\n#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.\n\n#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.\n\n#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.\n\n#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Definitions","content":"#### 33 Definitions\n\n  In this Part:\n\n> old regulations means the National Museum of Australia Regulations 2000, as in force immediately before the commencement of this section.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Authorisation to supply liquor","content":"#### 34 Authorisation to supply liquor\n\n  An authority:\n    (a) given under subregulation 8(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":45},{"sectionNumber":"35","sectionType":"section","heading":"Authorised officers","content":"#### 35 Authorised officers\n\n  (1) This section applies in relation to a person if:\n    (a) the person was appointed to be an authorised officer under subregulation 10(1) of the old regulations; and\n    (b) the appointment was in force immediately before the commencement of this section; and\n    (c) paragraph 12(1)(a), (b) or (c) of this instrument applies to the person at that commencement.\n  (2) The appointment has effect, from that commencement, as if it had been made under subsection 12(1) of this instrument.\n  (3) A certificate:\n    (a) issued to the person under subregulation 10(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 it were an identity card issued under subsection 12(2) of this instrument.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Directions","content":"#### 36 Directions\n\n  (1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under regulation 11 of the old regulations, been directed to leave Museum land, a Museum building, or a Museum building and Museum land, is taken to have, under section 14 of this instrument, been directed to leave Museum premises.\n  (2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under paragraph 12(3)(a) of the old regulations, been removed from Museum land, a Museum building, or both, is taken to have, under section 15 of this instrument, been removed from Museum premises.\n  (3) A direction:\n    (a) given under regulation 13 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 given under section 16 of this instrument.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Director’s notices","content":"#### 37 Director’s notices\n\n  For the purposes of this instrument, a notice that:\n    (a) immediately before the commencement of this section, was displayed on Museum land or in a Museum building under regulation 9 or 19 of the old regulations; and\n    (b) specifies a prohibition, condition or restriction relating to Museum premises or Museum material; and\n    (c) at that commencement, is displayed in accordance with subsection 21(4) of this instrument;\n  is taken to be a Director’s notice.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Consent of Director","content":"#### 38 Consent of Director\n\n  For the purposes of subsection 29(1), it does not matter whether consent was given before, on or after the commencement of this section.","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Entry charges","content":"#### 39 Entry charges\n\n  (1) This section applies if:\n    (a) the Director determined a charge under regulation 7 of the old regulations; and\n    (b) the determination is in force immediately before the commencement of this section.\n  (2) The Director is taken to fix the charge under subsection 30(2) of this instrument at that commencement.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Delegations","content":"#### 40 Delegations\n\n  (1) This section applies to a delegation to a person of a power of the Director under the old regulations if:\n    (a) the delegation was made under regulation 27 of the old regulations; and\n    (b) the delegation was in force immediately before the commencement of this section; and\n    (c) at that commencement, paragraphs 31(1)(a) and (b) of this instrument apply to the person.\n  (2) The delegation has effect from that commencement as if it were:\n    (a) a delegation of the equivalent power under this instrument; and\n    (b) made under section 31 of this instrument.","sortOrder":51}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument largely modernises and re‑states rules previously contained in the National Museum of Australia Regulations 2000 while preserving existing authorisations, appointments, notices and delegations via extensive transitional provisions (Part 8). The core scope — protection of collection material, control of conduct on Museum premises, Director control over liquor authorisations and entry charges, and appointment of authorised officers — remains the same. The most notable updates are modernising definitions (explicit inclusion of e‑cigarettes and non‑tobacco smoking products, clearer examples of prohibited camera equipment and a specific bag size), and formalising Director’s notices as legislative instruments. Those are targeted modernisations rather than a substantial expansion of the Museum’s regulatory remit."},"complexity_factors":["Approximately 21 defined terms in reg 5 (cross‑references to the Act and Disability Discrimination Act).","Multiple cross‑references to other statutes: National Museum of Australia Act 1980, Criminal Code (evidential burden), Disability Discrimination Act 1992 and the Acts Interpretation Act 1901.","Around 20 separate offence provisions with largely uniform penalties (most 5 penalty units) but differing fault elements (strict liability in some instances; recklessness or negligence for damage offences).","Discretionary powers concentrated in the Director: authorisations (s8), Director’s notices (s21), entry charges (s30), delegations (s31) — each with associated conditions and procedural requirements.","Operational complexity from authorised officers’ powers: appointment conditions, identity card rules, multiple enforcement powers (prohibit entry, direct to leave, apprehend, inspect, require deletion) with 'reasonable grounds' tests (regs 12–20).","Transitional provisions preserve and map prior regulatory instruments (Div.1, Part 8) — requires checking old regulations for effect, increasing interpretative work.","Evidential burdens and procedural safeguards referenced (Criminal Code subsection 13.3(3)), creating legal nuance for prosecutions and defences (not self‑contained).","Nested exceptions and limited defences (e.g. assistance animals, medical/infant food exceptions, non‑commercial photography exception) across multiple provisions increase conditional logic (regs 24–26, 25)."],"plain_english_summary":"**What this regulation does (mechanics first)**\n\n- **Defines key terms used around the Museum** (for example: “Museum premises”, “Museum material”, “authorised officer”, “prohibited article”, “e‑cigarette”) so the rest of the rules apply to clearly described people, places and objects (reg 5).\n- **Prescribes a financial threshold** for certain Museum financial transactions: $2,000,000 (reg 6).\n- **Gives the Director powers over liquor** on Museum land in the ACT: the Director can authorise people or classes to sell or supply liquor and must record which parts of the premises and what hours are permitted; unauthorised sale or supply of liquor on liquor‑controlled premises is an offence (regs 7–10).\n- **Creates a set of public‑order and collection‑protection rules that apply on Museum premises**, enforced by authorised officers the Director may appoint. These include powers to:\n  - refuse or prohibit entry and direct people to leave (regs 12–14);\n  - apprehend and hold a person until police arrive where there are reasonable grounds (reg 15);\n  - control vehicle parking on Museum premises (reg 16);\n  - inspect, require deposit of, or forbid use of suspected “prohibited articles” (reg 17);\n  - prohibit photography or photographs of specified material, and require deletion of photographs taken in breach of directions or Director’s notices (regs 18–19);\n  - issue directions generally on the Museum floor and enforce them as offences (reg 20).\n- **Allows the Director to issue Director’s notices (by legislative instrument)** that create location‑specific prohibitions, conditions or restrictions (for example: no photography, closed areas). Notices must be clearly displayed and are enforceable as offences (reg 21).\n- **Sets criminal offences (usually 5 penalty units)** for common breaches on Museum premises: touching or damaging collection material, damaging buildings/grounds, unauthorised sale of goods, commercial copying/selling of material from the national historical collection, bringing in prohibited animals, bringing or consuming food/liquid in Museum buildings (with limited exceptions), smoking (including e‑cigarettes and certain herbal products), bringing or using prohibited articles (regs 22–28).\n- **Provides limited defences**: written Director consent and actions by Council members, the Director or staff acting in the course of their duties (reg 29).\n- **Authorises the Director to set and waive entry charges** (including different charges for different groups or for specific exhibitions) (reg 30).\n- **Permits the Director to delegate** powers in writing to senior APS staff who meet specified classifications; delegations must follow any directions of the Director (reg 31).\n- **Allows limited administrative review**: decisions by authorised officers to prohibit entry may be reviewed by the Administrative Review Tribunal (reg 32).\n- **Contains transitional provisions** to preserve existing authorisations, appointments, notices and delegations made under the old 2000 Regulations when the 2019 instrument commenced (Div. 1, Part 8).\n\n**Who is directly affected**\n\n- **Visitors and the general public**: rules on entry, behaviour (no touching, no food in galleries except in designated areas, no smoking), photography restrictions and possible removal from premises (regs 11, 22–28, 18–20).\n- **Children and parents**: buying or obtaining alcohol under 18 is an offence on liquor‑controlled premises; sending under‑18s to obtain liquor from those premises is also an offence (regs 9–10).\n- **Event organisers, caterers and liquor suppliers**: must hold written authorisation from the Director and comply with any conditions (reg 8–9).\n- **Contractors, staff and volunteers**: can be appointed as authorised officers (reg 12) and may exercise search, direction and apprehension powers when properly appointed and trained.\n- **Commercial photographers, publishers and sellers**: commercial reproduction or sale of replicas/photographs of national historical collection items is prohibited unless non‑commercial (reg 24); camera use may also be restricted by Director’s notices or authorised officers (regs 18, 21).\n- **Businesses or individuals wanting to sell goods on Museum grounds**: unauthorised selling for public consumption or hire is an offence (reg 23).\n\n**Why it matters (practical consequences, incentives and trade‑offs)**\n\n- **Who pays / who bears costs**: visitors pay any Director‑fixed entry charges (reg 30); event organisers and on‑site liquor suppliers incur compliance costs to obtain and meet authorisation conditions (regs 8–9); individuals who breach rules pay penalties (mostly 5 penalty units) and risk removal or arrest by authorised officers (regs 9, 20, 15).\n- **Who decides**: the Director holds substantial discretionary power — to authorise liquor supply, issue Director’s notices, set entry charges and delegate powers (regs 8, 21, 30, 31). Authorised officers (appointed by the Director) exercise on‑the‑ground judgement about entry, removal, inspection and deletion of photographs (regs 12–20).\n- **Incentives and compliance burden**: the instrument centralises operational control with the Director and authorised officers. This rewards compliance with Director directions (for example, authorised suppliers will seek written authorisation and tailor service to specified hours/areas). It imposes administrative burdens on suppliers and event organisers (need written authorisation and to observe conditions) and on visitors (obligations to comply with signage and staff directions).\n- **Discretion and implementation risk**: many rules depend on authorised officers’ reasonable grounds (entry prohibition, removal, inspection, photograph deletion). That produces implementation risk where training, clear signage, and documented policies are needed to avoid arbitrary enforcement—although the regulations require the Director to be reasonably satisfied before appointment and require displayed notices for Director’s notices (regs 12, 21).\n- **Effects on commerce and speech**: commercial copying and commercial sale of images/replicas of material in the national historical collection is expressly prohibited (reg 24). That restricts some commercial uses of Museum content; non‑commercial uses remain allowed. The rules on selling articles (reg 23) and camera use (regs 17–19, 28) limit on‑site retail and some photography commerce unless authorised.\n- **Public safety and property protection trade‑offs**: the instrument creates clear, enforceable powers to protect collections and safety (damage, interference, objects that could conceal or harm items are prohibited). Those powers prioritise protection and order but require procedural safeguards (clear display of Director’s notices, evidential burden notes and tribunal review path for some decisions) (regs 21, notes referencing Criminal Code evidential burdens, reg 32).\n- **Interaction with other laws**: the instrument imports definitions and interacts with other Commonwealth laws (the Act, the Criminal Code and the Disability Discrimination Act for assistance animals). It preserves that statutory layering — for example, assistance animals are exempted where the Disability Discrimination Act applies (reg 25).\n\n**Concrete behaviour changes the regulation causes**\n\n- Visitors must not touch collection items, smoke, bring food into galleries, use prohibited articles (notably large bags, tripods, selfie sticks) or engage in unauthorised commercial activity on Museum premises (regs 22, 26–28, 23).\n- Event organisers who want to sell alcohol must obtain a written Director authorisation and follow the stated conditions (reg 8–9).\n- Photographers must obey area‑specific photography prohibitions and may be required to delete photos taken contrary to directions or notices (regs 18–19, 21).\n- Authorised officers (Museum staff/contractors with training) may require people to leave, inspect items, deposit items, photograph or take personal details and, where necessary, apprehend and hand people to police (regs 12–15, 17–19).\n\n(Selected section references: definitions reg 5; financial threshold reg 6; liquor regs 7–10; authorised officers and powers regs 12–20; Director’s notices reg 21; collection/building offences regs 22–28; defences reg 29; entry charges reg 30; delegations reg 31; review reg 32; transitional provisions Part 8.)"},"kimi_summary":{"_metrics":{"completionTokens":611},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear to be a straightforward consolidation and update of the 2000 regulations, with transitional provisions ensuring continuity. No significant expansion beyond the original scope of governing Museum operations, visitor conduct, and administrative matters."},"complexity_factors":["Multiple defined terms (around 20) including nested definitions like 'Museum material' with three sub-paragraphs","Cross-references to the National Museum of Australia Act 1980 and Criminal Code","Conditional exceptions throughout (e.g., photography allowed for non-commercial purposes, food allowed in designated areas)","Evidential burden provisions requiring defendants to prove exceptions apply","Transitional provisions preserving old authorisations and appointments","Multiple overlapping powers for authorised officers with different thresholds (e.g., 'reasonable grounds' vs 'reasonable grounds for believing')","Strict liability offence for failing to return identity card"],"plain_english_summary":"These regulations set how the National Museum of Australia operates to protect visitors, staff, and the national collection. They govern visitor conduct (including smoking, food, animals, and bag rules), photography and commercial use of images, authorised sales of alcohol, security powers of authorised officers, entry charges and waivers, and a $2 million financial threshold for certain transactions.\n\nThey create offences for damaging or interfering with museum property and affect visitors, staff, contractors, volunteers, and onsite vendors."}},"importantCases":[],"_links":{"self":"/api/acts/national-museum-of-australia-regulations-2019","history":"/api/acts/national-museum-of-australia-regulations-2019/history","analysis":"/api/acts/national-museum-of-australia-regulations-2019/analysis","conflicts":"/api/acts/national-museum-of-australia-regulations-2019/conflicts","importantCases":"/api/acts/national-museum-of-australia-regulations-2019/important-cases","documents":"/api/acts/national-museum-of-australia-regulations-2019/documents"}}