{"id":"qld:act-1970-008","name":"Queensland Museum Act 1970","slug":"queensland-museum-act-1970","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"8 of 1970","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105578,"registerId":"qld-act-1970-008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Museum Act 1970 .\ns 1 amd 1995 No. 58 s 4 sch 1","sortOrder":1},{"sectionNumber":"sec.1A","sectionType":"section","heading":"Object of Act","content":"### sec.1A Object of Act\n\nThe object of this Act is to contribute to the cultural, social and intellectual development of all Queenslanders.\ns 1A ins 2003 No. 66 s 16","sortOrder":2},{"sectionNumber":"sec.1B","sectionType":"section","heading":"Guiding principles for achieving the object","content":"### sec.1B Guiding principles for achieving the object\n\nThe principles intended to guide the achievement of the object of the Act are the following—\nleadership and excellence should be provided in the preservation, research and communication of Queensland’s cultural and natural heritage;\nthere should be responsiveness to the needs of communities in regional and outer metropolitan areas;\nrespect for Aboriginal and Torres Strait Islander cultures should be affirmed;\nchildren and young people should be supported in their appreciation of Queensland’s cultural and natural heritage;\ndiverse audiences should be developed;\ncapabilities for life-long learning about Queensland’s cultural and natural heritage should be developed;\nopportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;\ncontent relevant to Queensland should be promoted and presented.\ns 1B ins 2003 No. 66 s 16\n- (a) leadership and excellence should be provided in the preservation, research and communication of Queensland’s cultural and natural heritage;\n- (b) there should be responsiveness to the needs of communities in regional and outer metropolitan areas;\n- (c) respect for Aboriginal and Torres Strait Islander cultures should be affirmed;\n- (d) children and young people should be supported in their appreciation of Queensland’s cultural and natural heritage;\n- (e) diverse audiences should be developed;\n- (f) capabilities for life-long learning about Queensland’s cultural and natural heritage should be developed;\n- (g) opportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;\n- (h) content relevant to Queensland should be promoted and presented.","sortOrder":3},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\nappropriately qualified , for a person to whom a power under this Act may be delegated or who is asked by the Minister to investigate and report on a matter relating to the board, includes having the qualifications, experience or standing appropriate to exercise the power or comply with the request.\na person’s seniority in an entity\ns 2 def appropriately qualified ins 1997 No. 79 s 42 (2)\nboard means the Board of the Queensland Museum.\ns 2 def board sub 1997 No. 79 s 42\nchairperson means the chairperson of the board.\ncommencement —\nfor part 7 , division 1 , see section 70 ; or\nfor part 7 , division 3 —see section 77 .\ns 2 def commencement ins 2007 No. 20 s 61\nsub 2007 No. 53 s 15\ncurrent appointment , for part 7 , division 3 , see section 77 .\ns 2 def current appointment ins 2007 No. 53 s 15 (2)\ncurrent conditions , for part 7 , division 3 , see section 77 .\ns 2 def current conditions ins 2007 No. 53 s 15 (2)\nDepartment ...\ns 2 def Department ins 1979 No. 29 s 9 (a)\nom 1 July 1991 RA s 39\ndeputy chairperson means the deputy chairperson of the board.\ns 2 def deputy chairperson ins 1997 No. 79 s 42 (2)\ndirector means the director of the museum.\ns 2 def director ins 1997 No. 79 s 42 (2)\ngovernment entity see the Public Sector Act 2022 , section 276 .\ns 2 def government entity ins 2007 No. 20 s 61\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\nmember means a member of the board.\ns 2 def member sub 1997 No. 79 s 42\nMinister ...\ns 2 def Minister sub 1979 No. 29 s 9 (b) ; 1985 No. 65 s 14 (a)\nom 1 July 1991 RA s 39\nmuseum means the Queensland Museum established at Brisbane and any branch of that museum established, maintained or controlled, or deemed to have been established, by the board.\ns 2 def museum amd 1985 No. 65 s 14 (b)\noperational plan , of the board, means the board’s operational plan developed under part 3 of this Act and the standard.\ns 2 def operational plan ins 1997 No. 79 s 42 (2)\namd 2009 No. 9 s 136 sch 1\npre-amended Act , for part 7 , division 3 , see section 77 .\ns 2 def pre-amended Act ins 2007 No. 53 s 15 (2)\npresent director , for part 7 , division 3 , see section 77 .\ns 2 def present director ins 2007 No. 53 s 15 (2)\nstandard means a financial and performance management standard under the Financial Accountability Act 2009 .\ns 2 def standard ins 1997 No. 79 s 42 (2)\nsub 2009 No. 9 s 136 sch 1\nstrategic plan , of the board, means the board’s strategic plan developed under part 3 of this Act and the standard.\ns 2 def strategic plan ins 1997 No. 79 s 42 (2)\namd 2009 No. 9 s 136 sch 1\nwork performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.\ns 2 def work performance arrangement ins 2007 No. 20 s 61\ns 2 prev s 2 amd 1985 No. 65 s 13\nom 1 July 1991 RA s 36\npres s 2 amd 1995 No. 58 s 4 sch 1\n- (a) for part 7 , division 1 , see section 70 ; or\n- (b) for part 7 , division 3 —see section 77 .","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Board of the Queensland Museum","content":"# Board of the Queensland Museum","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Constitution and membership","content":"## Constitution and membership","sortOrder":6},{"sectionNumber":"sec.3","sectionType":"section","heading":"Establishment of board","content":"### sec.3 Establishment of board\n\nThe entity previously established as the Queensland Museum Board of Trustees is continued in existence under the name Board of the Queensland Museum.\ns 3 amd 1979 No. 29 s 10 ; 1985 No. 65 s 15 ; 1 July 1991 RA s 38 ; 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 43","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Legal status of board","content":"### sec.4 Legal status of board\n\nThe board—\nis a body corporate; and\nhas perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\ns 4 sub 1979 No. 29 s 11\namd 1985 No. 65 s 16\nsub 1997 No. 79 s 43\n- (a) is a body corporate; and\n- (b) has perpetual succession; and\n- (c) has a common seal; and\n- (d) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Board’s relationship with State","content":"### sec.5 Board’s relationship with State\n\nThe board represents the State.\ns 5 prev s 5 om 1 July 1991 RA s 38\npres s 5 ins 1997 No. 79 s 43","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Composition of board","content":"### sec.6 Composition of board\n\nThe board is to consist of the number of members appointed by the Governor in Council.\nIn appointing a member, regard must be had to the person’s ability to contribute to the board’s performance and the implementation of its strategic and operational plans.\nA member must be appointed under this Act and not the Public Sector Act 2022 .\ns 6 amd 1979 No. 29 s 12 ; 1985 No. 65 s 17\nsub 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 43\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.6-ssec.1) The board is to consist of the number of members appointed by the Governor in Council.\n(sec.6-ssec.2) In appointing a member, regard must be had to the person’s ability to contribute to the board’s performance and the implementation of its strategic and operational plans.\n(sec.6-ssec.3) A member must be appointed under this Act and not the Public Sector Act 2022 .","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Role of members","content":"### sec.7 Role of members\n\nThe role of the members includes the following—\nbeing responsible for the board’s management;\nensuring, as far as possible, the board achieves, and acts in accordance with, its strategic and operational plans;\naccounting to the Minister for the board’s performance;\nensuring the board otherwise performs its functions in a proper, effective and efficient way.\ns 7 prev s 7 amd 1979 No. 29 s 13 ; 1985 No. 65 s 18 ; 1 July 1991 RA s 38\nom 1995 No. 58 s 4 sch 1\npres s 7 ins 1997 No. 79 s 43\n- (a) being responsible for the board’s management;\n- (b) ensuring, as far as possible, the board achieves, and acts in accordance with, its strategic and operational plans;\n- (c) accounting to the Minister for the board’s performance;\n- (d) ensuring the board otherwise performs its functions in a proper, effective and efficient way.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.8 Eligibility for appointment\n\nA person is not eligible for appointment as a member if the person is not able to manage a corporation because of the Corporations Act , Part 2D .6.\ns 8 prev s 8 om 1995 No. 58 s 4 sch 1\npres s 8 ins 1997 No. 79 s 43\namd 2001 No. 45 s 29 sch 3","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Chairperson and deputy chairperson of board","content":"### sec.9 Chairperson and deputy chairperson of board\n\nThe Governor in Council must appoint a member as chairperson of the board.\nThe appointment may be made by the instrument appointing the person concerned as a member of the board.\nThe members must elect one of them as deputy chairperson of the board.\nThe members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\nThe chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\nThe chairperson or deputy chairperson may act under subsection (5) and remain a member.\ns 9 amd 1985 No. 65 s 20 ; 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 43\n(sec.9-ssec.1) The Governor in Council must appoint a member as chairperson of the board.\n(sec.9-ssec.2) The appointment may be made by the instrument appointing the person concerned as a member of the board.\n(sec.9-ssec.3) The members must elect one of them as deputy chairperson of the board.\n(sec.9-ssec.4) The members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\n(sec.9-ssec.5) The chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\n(sec.9-ssec.6) The chairperson or deputy chairperson may act under subsection (5) and remain a member.","sortOrder":13},{"sectionNumber":"sec.9A","sectionType":"section","heading":null,"content":"### Section sec.9A\n\ns 9A ins 1985 No. 65 s 19\nom 1997 No. 79 s 43","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Duration of appointment","content":"### sec.10 Duration of appointment\n\nA member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\nThe office of a member becomes vacant if—\nthe member resigns by signed notice given to the Minister; or\nthe person is not eligible to be appointed as a member; or\nthe member’s appointment is ended under subsection (3) .\nThe Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\ns 10 sub 1997 No. 79 s 43\namd 2003 No. 66 s 17\n(sec.10-ssec.1) A member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\n(sec.10-ssec.2) The office of a member becomes vacant if— the member resigns by signed notice given to the Minister; or the person is not eligible to be appointed as a member; or the member’s appointment is ended under subsection (3) .\n(sec.10-ssec.3) The Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\n- (a) the member resigns by signed notice given to the Minister; or\n- (b) the person is not eligible to be appointed as a member; or\n- (c) the member’s appointment is ended under subsection (3) .","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions of appointment","content":"### sec.11 Conditions of appointment\n\nA member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\nExcept as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit—\nby way of remuneration as a member; or\nin connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\ns 11 ins 1997 No. 79 s 43\n(sec.11-ssec.1) A member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\n(sec.11-ssec.2) Except as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit— by way of remuneration as a member; or in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\n- (a) by way of remuneration as a member; or\n- (b) in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions of board","content":"### sec.12 Functions of board\n\nThe functions of the board shall be—\nthe control and management of the museum and of all natural history, historical and technological collections, and other chattels and property contained therein; and\nthe maintenance and administration of the museum in such manner as will effectively minister to the needs and demands of the community in any or all branches of the natural sciences, applied sciences, technology and history, associated with the development of the museum as a museum for science, the environment and human achievement, and to this end shall undertake—\nthe storage of suitable items pertaining to the study of natural sciences, applied sciences, technology and history, and exhibits and other personal property; and\ncarrying out or promoting scientific and historical research; and\nthe provision of educational facilities through the display of selected items, lectures, films, broadcasts, telecasts, publications and other means; and\nthe operation of workshops for the maintenance and repair of exhibits and other things; and\nany other action which in the opinion of the board is necessary or desirable; and\nthe control and management of all lands and premises vested in or placed under the control of the board; and\nto perform the functions given to the board under another Act; and\nto perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (d) ; and\nto perform functions of the type to which paragraph (e) applies and which are given to the board in writing by the Minister.\nIn performing the functions mentioned in subsection (1) (b) (i) or (ii) , the board must have regard to the desirability of storing items, or carrying out or promoting research, relevant to Queensland.\nBefore giving a function for subsection (1) (f) , the Minister must consult with the board about the function.\nIn performing its functions the board must have regard to the object of, and guiding principles for, this Act.\ns 12 amd 1985 No. 65 s 21 ; 1989 No. 103 s 3 sch ; 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 44 ; 2003 No. 66 s 18\n(sec.12-ssec.1) The functions of the board shall be— the control and management of the museum and of all natural history, historical and technological collections, and other chattels and property contained therein; and the maintenance and administration of the museum in such manner as will effectively minister to the needs and demands of the community in any or all branches of the natural sciences, applied sciences, technology and history, associated with the development of the museum as a museum for science, the environment and human achievement, and to this end shall undertake— the storage of suitable items pertaining to the study of natural sciences, applied sciences, technology and history, and exhibits and other personal property; and carrying out or promoting scientific and historical research; and the provision of educational facilities through the display of selected items, lectures, films, broadcasts, telecasts, publications and other means; and the operation of workshops for the maintenance and repair of exhibits and other things; and any other action which in the opinion of the board is necessary or desirable; and the control and management of all lands and premises vested in or placed under the control of the board; and to perform the functions given to the board under another Act; and to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (d) ; and to perform functions of the type to which paragraph (e) applies and which are given to the board in writing by the Minister.\n(sec.12-ssec.2) In performing the functions mentioned in subsection (1) (b) (i) or (ii) , the board must have regard to the desirability of storing items, or carrying out or promoting research, relevant to Queensland.\n(sec.12-ssec.3) Before giving a function for subsection (1) (f) , the Minister must consult with the board about the function.\n(sec.12-ssec.4) In performing its functions the board must have regard to the object of, and guiding principles for, this Act.\n- (a) the control and management of the museum and of all natural history, historical and technological collections, and other chattels and property contained therein; and\n- (b) the maintenance and administration of the museum in such manner as will effectively minister to the needs and demands of the community in any or all branches of the natural sciences, applied sciences, technology and history, associated with the development of the museum as a museum for science, the environment and human achievement, and to this end shall undertake— (i) the storage of suitable items pertaining to the study of natural sciences, applied sciences, technology and history, and exhibits and other personal property; and (ii) carrying out or promoting scientific and historical research; and (iii) the provision of educational facilities through the display of selected items, lectures, films, broadcasts, telecasts, publications and other means; and (iv) the operation of workshops for the maintenance and repair of exhibits and other things; and (v) any other action which in the opinion of the board is necessary or desirable; and\n- (i) the storage of suitable items pertaining to the study of natural sciences, applied sciences, technology and history, and exhibits and other personal property; and\n- (ii) carrying out or promoting scientific and historical research; and\n- (iii) the provision of educational facilities through the display of selected items, lectures, films, broadcasts, telecasts, publications and other means; and\n- (iv) the operation of workshops for the maintenance and repair of exhibits and other things; and\n- (v) any other action which in the opinion of the board is necessary or desirable; and\n- (c) the control and management of all lands and premises vested in or placed under the control of the board; and\n- (d) to perform the functions given to the board under another Act; and\n- (e) to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (d) ; and\n- (f) to perform functions of the type to which paragraph (e) applies and which are given to the board in writing by the Minister.\n- (i) the storage of suitable items pertaining to the study of natural sciences, applied sciences, technology and history, and exhibits and other personal property; and\n- (ii) carrying out or promoting scientific and historical research; and\n- (iii) the provision of educational facilities through the display of selected items, lectures, films, broadcasts, telecasts, publications and other means; and\n- (iv) the operation of workshops for the maintenance and repair of exhibits and other things; and\n- (v) any other action which in the opinion of the board is necessary or desirable; and","sortOrder":18},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Legal capacity and powers","content":"## Legal capacity and powers","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Objects of division","content":"### sec.13 Objects of division\n\nThe objects of this division include—\nabolishing any application of the doctrine of ultra vires to the board; and\nensuring the board gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.\ns 13 sub 1997 No. 79 s 45\n- (a) abolishing any application of the doctrine of ultra vires to the board; and\n- (b) ensuring the board gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"General powers","content":"### sec.14 General powers\n\nFor performing its functions, the board has all the powers of an individual and may for example—\nenter into arrangements, agreements, contracts and deeds; and\nacquire, hold, deal with and dispose of property; and\nengage consultants; and\nappoint agents and attorneys; and\ncharge, and fix terms, for goods, services, facilities and information supplied by it; and\ndo anything else necessary or desirable to be done in performing its functions.\nWithout limiting subsection (1) , the board has the powers given to it under this or another Act.\nThe board may exercise its powers inside and outside Queensland, including outside Australia.\nIn this section—\npower includes legal capacity.\ns 14 ins 1985 No. 65 s 22\nsub 1997 No. 79 s 45\n(sec.14-ssec.1) For performing its functions, the board has all the powers of an individual and may for example— enter into arrangements, agreements, contracts and deeds; and acquire, hold, deal with and dispose of property; and engage consultants; and appoint agents and attorneys; and charge, and fix terms, for goods, services, facilities and information supplied by it; and do anything else necessary or desirable to be done in performing its functions.\n(sec.14-ssec.2) Without limiting subsection (1) , the board has the powers given to it under this or another Act.\n(sec.14-ssec.3) The board may exercise its powers inside and outside Queensland, including outside Australia.\n(sec.14-ssec.4) In this section— power includes legal capacity.\n- (a) enter into arrangements, agreements, contracts and deeds; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) engage consultants; and\n- (d) appoint agents and attorneys; and\n- (e) charge, and fix terms, for goods, services, facilities and information supplied by it; and\n- (f) do anything else necessary or desirable to be done in performing its functions.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Directions by Minister","content":"### sec.15 Directions by Minister\n\nThe board is subject to written directions of the Minister in exercising its powers.\ns 15 ins 1997 No. 79 s 45","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Restrictions on powers of board","content":"### sec.16 Restrictions on powers of board\n\nSection 14 has effect in relation to the board subject to any restrictions expressly imposed under this or another Act.\nSection 14 also has effect in relation to the board subject to any restrictions expressly imposed by—\nany relevant strategic or operational plan of the board; and\nany relevant directions given to the board under section 15 by the Minister.\nThe board contravenes this section if it—\nexercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\ndoes an act otherwise than in pursuance of its functions.\nThe exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\nAn officer of the board who is involved in the contravention contravenes this subsection.\nAn act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\nThe board or officer of the board is not guilty of an offence merely because of the relevant contravention.\nIn this section—\nofficer , of the board, means—\na member; or\nthe director; or\nan employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan employee of the board.\nrestriction includes prohibition.\ns 16 ins 1997 No. 79 s 45\namd 2007 No. 20 s 62\n(sec.16-ssec.1) Section 14 has effect in relation to the board subject to any restrictions expressly imposed under this or another Act.\n(sec.16-ssec.2) Section 14 also has effect in relation to the board subject to any restrictions expressly imposed by— any relevant strategic or operational plan of the board; and any relevant directions given to the board under section 15 by the Minister.\n(sec.16-ssec.3) The board contravenes this section if it— exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or does an act otherwise than in pursuance of its functions.\n(sec.16-ssec.4) The exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\n(sec.16-ssec.5) An officer of the board who is involved in the contravention contravenes this subsection.\n(sec.16-ssec.6) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\n(sec.16-ssec.7) The board or officer of the board is not guilty of an offence merely because of the relevant contravention.\n(sec.16-ssec.8) In this section— officer , of the board, means— a member; or the director; or an employee of a department or another government entity performing work for the board under a work performance arrangement; or an employee of the board. restriction includes prohibition.\n- (a) any relevant strategic or operational plan of the board; and\n- (b) any relevant directions given to the board under section 15 by the Minister.\n- (a) exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\n- (b) does an act otherwise than in pursuance of its functions.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (d) an employee of the board.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Persons having dealings with board etc.","content":"### sec.17 Persons having dealings with board etc.\n\nA person having dealings with the board is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board that the matters that the person is entitled to assume were not correct must be disregarded.\nA person having dealings with a person who has acquired, or purports to have acquired, title to property from the board (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\nThe assumptions that a person is, because of subsection (1) or (2) , entitled to make are—\nthat, at all relevant times, this Act has been complied with; and\nthat a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\nthat an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and\nthat a document has been properly sealed by the board if—\nit bears what appears to be an imprint of the board’s seal; and\nthe sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\nthat the officers and agents of the board have properly performed their duties to the board.\nHowever, a person is not entitled to assume a matter mentioned in subsection (3) if—\nthe person has actual knowledge that the assumption would be incorrect; or\nbecause of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.\nIf, because of subsection (4) , a person is not entitled to make a particular assumption—\nif the assumption is in relation to dealings with the board— subsection (1) does not apply to any assertion by the board in relation to the assumption; or\nif the assumption is in relation to an acquisition or purported acquisition from the board of title to property— subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.\nIn this section—\nofficer , of the board, means—\na member; or\nthe director; or\nan employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan employee of the board.\ns 17 ins 1997 No. 79 s 45\namd 2007 No. 20 s 63\n(sec.17-ssec.1) A person having dealings with the board is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board that the matters that the person is entitled to assume were not correct must be disregarded.\n(sec.17-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from the board (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\n(sec.17-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act has been complied with; and that a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the board if— it bears what appears to be an imprint of the board’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and that the officers and agents of the board have properly performed their duties to the board.\n(sec.17-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.\n(sec.17-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is in relation to dealings with the board— subsection (1) does not apply to any assertion by the board in relation to the assumption; or if the assumption is in relation to an acquisition or purported acquisition from the board of title to property— subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.\n(sec.17-ssec.6) In this section— officer , of the board, means— a member; or the director; or an employee of a department or another government entity performing work for the board under a work performance arrangement; or an employee of the board.\n- (a) that, at all relevant times, this Act has been complied with; and\n- (b) that a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (c) that an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and\n- (d) that a document has been properly sealed by the board if— (i) it bears what appears to be an imprint of the board’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\n- (i) it bears what appears to be an imprint of the board’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\n- (e) that the officers and agents of the board have properly performed their duties to the board.\n- (i) it bears what appears to be an imprint of the board’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\n- (a) the person has actual knowledge that the assumption would be incorrect; or\n- (b) because of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.\n- (a) if the assumption is in relation to dealings with the board— subsection (1) does not apply to any assertion by the board in relation to the assumption; or\n- (b) if the assumption is in relation to an acquisition or purported acquisition from the board of title to property— subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (d) an employee of the board.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Branches","content":"### sec.18 Branches\n\nThe board may establish branches of the museum.\nHowever, the board may not contract with someone else to establish a branch without the approval of the Governor in Council.\ns 18 ins 1997 No. 79 s 45\n(sec.18-ssec.1) The board may establish branches of the museum.\n(sec.18-ssec.2) However, the board may not contract with someone else to establish a branch without the approval of the Governor in Council.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disposal of specimens accepted by the board","content":"### sec.19 Disposal of specimens accepted by the board\n\nThis section applies if—\na specimen of flora or fauna or a thing that is not flora or fauna (the specimen ) is accepted by the board for identification, investigation or another purpose; and\nthe specimen is not collected by the person who gave it within 1 month after acceptance or, if the board has agreed to hold the specimen for a certain period, 1 month after the period ends.\nSubject to any arrangement about the specimen between the board and the person, the board may—\nsell the specimen by public auction; or\nexchange the specimen for another specimen; or\nif the board considers on reasonable grounds that, because of the specimen’s value, it is not viable to sell or exchange it—dispose of the specimen in another way.\nHowever, if the board intends to sell, exchange or otherwise dispose of the specimen, it must give the person at least a month’s written notice of its intention.\nIf the person’s address is not known to the board, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State.\nSubsections (3) and (4) do not apply if the specimen is perishable and is disposed of under subsection (2) (c) .\nA notice under subsection (4) may form part of a notice under section 22 .\nIf the board sells the specimen, the proceeds of sale must be applied in the following order—\nin payment of the reasonable expenses incurred in storing and selling the specimen;\nif there is an amount owing to an entity under a security interest registered for the specimen under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance—\nmust be held by the board for the person for at least 1 year after the sale; and\nif the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\ns 19 ins 1997 No. 79 s 45\namd 2010 No. 44 s 206\n(sec.19-ssec.1) This section applies if— a specimen of flora or fauna or a thing that is not flora or fauna (the specimen ) is accepted by the board for identification, investigation or another purpose; and the specimen is not collected by the person who gave it within 1 month after acceptance or, if the board has agreed to hold the specimen for a certain period, 1 month after the period ends.\n(sec.19-ssec.2) Subject to any arrangement about the specimen between the board and the person, the board may— sell the specimen by public auction; or exchange the specimen for another specimen; or if the board considers on reasonable grounds that, because of the specimen’s value, it is not viable to sell or exchange it—dispose of the specimen in another way.\n(sec.19-ssec.3) However, if the board intends to sell, exchange or otherwise dispose of the specimen, it must give the person at least a month’s written notice of its intention.\n(sec.19-ssec.4) If the person’s address is not known to the board, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State.\n(sec.19-ssec.5) Subsections (3) and (4) do not apply if the specimen is perishable and is disposed of under subsection (2) (c) .\n(sec.19-ssec.6) A notice under subsection (4) may form part of a notice under section 22 .\n(sec.19-ssec.7) If the board sells the specimen, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the specimen; if there is an amount owing to an entity under a security interest registered for the specimen under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance— must be held by the board for the person for at least 1 year after the sale; and if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\n- (a) a specimen of flora or fauna or a thing that is not flora or fauna (the specimen ) is accepted by the board for identification, investigation or another purpose; and\n- (b) the specimen is not collected by the person who gave it within 1 month after acceptance or, if the board has agreed to hold the specimen for a certain period, 1 month after the period ends.\n- (a) sell the specimen by public auction; or\n- (b) exchange the specimen for another specimen; or\n- (c) if the board considers on reasonable grounds that, because of the specimen’s value, it is not viable to sell or exchange it—dispose of the specimen in another way.\n- (a) in payment of the reasonable expenses incurred in storing and selling the specimen;\n- (b) if there is an amount owing to an entity under a security interest registered for the specimen under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance— (i) must be held by the board for the person for at least 1 year after the sale; and (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\n- (i) must be held by the board for the person for at least 1 year after the sale; and\n- (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\n- (i) must be held by the board for the person for at least 1 year after the sale; and\n- (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Use of proceeds from sale of specimens","content":"### sec.20 Use of proceeds from sale of specimens\n\nThe proceeds of the sale by the board of any specimen other than under section 19 must, after deduction of the costs of and incidental to the sale, be used by the board for its functions.\ns 20 ins 1997 No. 79 s 45","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Disposal of certain abandoned property","content":"### sec.21 Disposal of certain abandoned property\n\nThis section applies if any property, other than a specimen to which section 19 applies—\nis found in any building or other place consisting of the museum or a branch of the museum; and\nthere are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\nthe property is unclaimed after 4 months.\nThe board may sell the property by public auction.\nIf the board sells the property, the proceeds of sale must be applied in the following order—\nin payment of the reasonable expenses incurred in storing and selling the property;\nif there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to be used by the board in performing its functions.\nDespite subsection (2) , if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way.\nDespite subsection (2) , if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed.\ns 21 ins 1997 No. 79 s 45\namd 2010 No. 44 s 207\n(sec.21-ssec.1) This section applies if any property, other than a specimen to which section 19 applies— is found in any building or other place consisting of the museum or a branch of the museum; and there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and the property is unclaimed after 4 months.\n(sec.21-ssec.2) The board may sell the property by public auction.\n(sec.21-ssec.2A) If the board sells the property, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to be used by the board in performing its functions.\n(sec.21-ssec.3) Despite subsection (2) , if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way.\n(sec.21-ssec.4) Despite subsection (2) , if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed.\n- (a) is found in any building or other place consisting of the museum or a branch of the museum; and\n- (b) there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\n- (c) the property is unclaimed after 4 months.\n- (a) in payment of the reasonable expenses incurred in storing and selling the property;\n- (b) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance to be used by the board in performing its functions.","sortOrder":28},{"sectionNumber":"sec.21A","sectionType":"section","heading":null,"content":"### Section sec.21A\n\ns 21A ins 1979 No. 29 s 15\nsub 1985 No. 65 s 25\namd 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 46","sortOrder":29},{"sectionNumber":"sec.21B","sectionType":"section","heading":null,"content":"### Section sec.21B\n\ns 21B ins 1985 No. 65 s 26\namd 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 46","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Board must give notice of public auction","content":"### sec.22 Board must give notice of public auction\n\nBefore the board sells any property under section 19 or 21 , it must first publish a notice in a daily newspaper circulating generally in the State.\nThe notice must—\nidentify the property; and\nstate the property is to be sold by auction; and\nstate how the person entitled to the property may recover it before the auction; and\nstate the time and place of the auction.\ns 22 ins 1997 No. 79 s 45\n(sec.22-ssec.1) Before the board sells any property under section 19 or 21 , it must first publish a notice in a daily newspaper circulating generally in the State.\n(sec.22-ssec.2) The notice must— identify the property; and state the property is to be sold by auction; and state how the person entitled to the property may recover it before the auction; and state the time and place of the auction.\n- (a) identify the property; and\n- (b) state the property is to be sold by auction; and\n- (c) state how the person entitled to the property may recover it before the auction; and\n- (d) state the time and place of the auction.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Effect of sale or other disposal of specimens or other property","content":"### sec.23 Effect of sale or other disposal of specimens or other property\n\nThis section applies to the sale or other disposal of any property under section 19 or 21 .\nThe sale or other disposal is valid against all persons.\nA secured party can not enforce any security interest in the property or the proceeds of sale against—\nthe board; or\nan entity to whom an amount is paid or payable under section 19 (7) (a) or 21 (2A) (a) ; or\nan entity to whom the property is sold.\nCompensation is not recoverable against the board for the sale or other disposal.\nIn this section—\nsecured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\nsecurity interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\ns 23 ins 1997 No. 79 s 45\namd 2001 No. 71 s 551 sch 1\namd 2010 No. 44 s 208\n(sec.23-ssec.1) This section applies to the sale or other disposal of any property under section 19 or 21 .\n(sec.23-ssec.2) The sale or other disposal is valid against all persons.\n(sec.23-ssec.3) A secured party can not enforce any security interest in the property or the proceeds of sale against— the board; or an entity to whom an amount is paid or payable under section 19 (7) (a) or 21 (2A) (a) ; or an entity to whom the property is sold.\n(sec.23-ssec.4) Compensation is not recoverable against the board for the sale or other disposal.\n(sec.23-ssec.5) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\n- (a) the board; or\n- (b) an entity to whom an amount is paid or payable under section 19 (7) (a) or 21 (2A) (a) ; or\n- (c) an entity to whom the property is sold.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Committees","content":"### sec.24 Committees\n\nThe board may establish committees of the board.\nA committee may exercise the powers delegated to it by the board under section 34 .\nA committee is subject to the directions of the board in exercising the powers.\nA person may be appointed to a committee whether or not the person is a member of the board.\nIn appointing a person to a committee, regard must be had to the person’s ability to take part in the exercise of the powers delegated to the committee.\ns 24 ins 1997 No. 79 s 45\n(sec.24-ssec.1) The board may establish committees of the board.\n(sec.24-ssec.2) A committee may exercise the powers delegated to it by the board under section 34 .\n(sec.24-ssec.3) A committee is subject to the directions of the board in exercising the powers.\n(sec.24-ssec.4) A person may be appointed to a committee whether or not the person is a member of the board.\n(sec.24-ssec.5) In appointing a person to a committee, regard must be had to the person’s ability to take part in the exercise of the powers delegated to the committee.","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Proceedings and business of board","content":"## Proceedings and business of board","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conduct of business","content":"### sec.25 Conduct of business\n\nSubject to this Act, the board may conduct its business and proceedings at meetings in the way it decides.\ns 25 orig s 25 om 1997 No. 79 s 41 sch 3\nprev s 25 (s 14) amd 1985 No. 65 s 23\nom 1995 No. 58 s 4 sch 1\npres s 25 ins 1997 No. 79 s 46","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Presiding at meetings","content":"### sec.26 Presiding at meetings\n\nThe chairperson is to preside at all meetings at which the chairperson is present.\nIf the chairperson is not present at a meeting, the deputy chairperson is to preside.\nIf both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.\ns 26 orig s 26 sub 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 41 sch 3\nprev s 26 (s 15) om 1996 No. 37 s 147 sch 2\npres s 26 ins 1997 No. 79 s 46\n(sec.26-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.\n(sec.26-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.\n(sec.26-ssec.3) If both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Quorum","content":"### sec.27 Quorum\n\nA quorum of the board consists of a majority of members for the time being holding office.\nA meeting of the board at which a quorum is present may perform the functions and exercise the powers of the board.\ns 27 sub 1997 No. 79 s 46\n(sec.27-ssec.1) A quorum of the board consists of a majority of members for the time being holding office.\n(sec.27-ssec.2) A meeting of the board at which a quorum is present may perform the functions and exercise the powers of the board.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Meetings","content":"### sec.28 Meetings\n\nThe board may hold its meetings where and when it decides.\nThe board may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\nA member who takes part in a meeting under subsection (2) is taken to be present at the meeting.\ns 28 sub 1997 No. 79 s 46\n(sec.28-ssec.1) The board may hold its meetings where and when it decides.\n(sec.28-ssec.2) The board may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\n(sec.28-ssec.3) A member who takes part in a meeting under subsection (2) is taken to be present at the meeting.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Resolutions without meetings","content":"### sec.29 Resolutions without meetings\n\nIf at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\nIf a resolution is, under subsection (1) , taken to have been passed at a meeting of the board, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\nFor subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.\ns 29 sub 1997 No. 79 s 46\n(sec.29-ssec.1) If at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\n(sec.29-ssec.2) If a resolution is, under subsection (1) , taken to have been passed at a meeting of the board, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\n(sec.29-ssec.3) For subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Minutes","content":"### sec.30 Minutes\n\nThe board must keep minutes of its proceedings.\ns 30 amd 1979 No. 29 s 14 ; 1985 No. 65 s 24\nsub 1997 No. 79 s 46","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Conduct of meetings","content":"### sec.31 Conduct of meetings\n\nA decision of the board may be made by a majority of members present at a meeting of the board.\nIf a member abstains from voting, the member is taken to have voted against the matter being decided.\nIf the votes are equal, the person presiding has a casting vote.\ns 31 sub 1997 No. 79 s 46\n(sec.31-ssec.1) A decision of the board may be made by a majority of members present at a meeting of the board.\n(sec.31-ssec.2) If a member abstains from voting, the member is taken to have voted against the matter being decided.\n(sec.31-ssec.3) If the votes are equal, the person presiding has a casting vote.","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Disclosure of interests by members","content":"### sec.32 Disclosure of interests by members\n\nIf a member has a direct or indirect interest in a matter being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge.\nMaximum penalty—100 penalty units.\nThe disclosure must be recorded in the board’s minutes.\ns 32 sub 1997 No. 79 s 46\n(sec.32-ssec.1) If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge. Maximum penalty—100 penalty units.\n(sec.32-ssec.2) The disclosure must be recorded in the board’s minutes.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Voting by interested member","content":"### sec.33 Voting by interested member\n\nA member who has a material personal interest in a matter that is being considered by the board must not—\nvote on the matter; or\nvote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\nbe present while the matter, or a related resolution, is being considered by the board; or\notherwise take part in any decision of the board in relation to the matter or a related resolution.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the matter if the board has at any time passed a resolution that—\nspecifies the member, the interest and the matter; and\nstates that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\nIf, because of this section, a member is not present at a meeting of the board for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\ns 33 sub 1985 No. 65 s 27 ; 1997 No. 79 s 46\n(sec.33-ssec.1) A member who has a material personal interest in a matter that is being considered by the board must not— vote on the matter; or vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or be present while the matter, or a related resolution, is being considered by the board; or otherwise take part in any decision of the board in relation to the matter or a related resolution. Maximum penalty—100 penalty units.\n(sec.33-ssec.2) Subsection (1) does not apply to the matter if the board has at any time passed a resolution that— specifies the member, the interest and the matter; and states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\n(sec.33-ssec.3) If, because of this section, a member is not present at a meeting of the board for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\n- (a) vote on the matter; or\n- (b) vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\n- (c) be present while the matter, or a related resolution, is being considered by the board; or\n- (d) otherwise take part in any decision of the board in relation to the matter or a related resolution.\n- (a) specifies the member, the interest and the matter; and\n- (b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Delegation by board","content":"### sec.34 Delegation by board\n\nThe board may, by resolution, delegate its powers to—\na member; or\na committee of members; or\nthe director; or\na committee established under section 24 ; or\nan appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan appropriately qualified employee of the board.\ns 34 sub 1997 No. 79 s 46\namd 2007 No. 20 s 64\n- (a) a member; or\n- (b) a committee of members; or\n- (c) the director; or\n- (d) a committee established under section 24 ; or\n- (e) an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (f) an appropriately qualified employee of the board.","sortOrder":44},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Director","content":"## Director","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Appointment of director","content":"### sec.35 Appointment of director\n\nThere is to be a director of the museum.\nThe director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\nThe stated term must not be longer than 5 years.\ns 35 ins 1995 No. 58 s 4 sch 1\nsub 1996 No. 37 s 147 sch 2 ; 1997 No. 79 s 46\namd 2007 No. 20 s 66\nsub 2007 No. 53 s 16\n(sec.35-ssec.1) There is to be a director of the museum.\n(sec.35-ssec.2) The director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\n(sec.35-ssec.3) The stated term must not be longer than 5 years.","sortOrder":46},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Minister to obtain board’s approval","content":"### sec.35A Minister to obtain board’s approval\n\nThe Minister must not recommend the Governor in Council act under section 35 (2) unless the recommendation has been approved by the board.\ns 35A prev s 35A ins 1985 No. 65 s 30\nom 1997 No. 79 s 48\npres s 35A ins 2007 No. 53 s 16","sortOrder":47},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Director is employee of the board","content":"### sec.35B Director is employee of the board\n\nDespite section 35 —\nthe director is an employee of the board and not of the State; and\nsubject to the conditions of the director’s appointment, the board may enter into a contract of employment with the director.\ns 35B ins 2007 No. 53 s 16\n- (a) the director is an employee of the board and not of the State; and\n- (b) subject to the conditions of the director’s appointment, the board may enter into a contract of employment with the director.","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Duties of director","content":"### sec.36 Duties of director\n\nThe director is, under the members, to manage the board.\ns 36 ins 1996 No. 37 s 147 sch 2\nsub 1997 No. 79 s 46","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Director to attend board meetings","content":"### sec.37 Director to attend board meetings\n\nThis section applies if the director is not a member.\nThe director must attend all meetings of the board unless excused or precluded by the board.\ns 37 ins 1997 No. 79 s 46\n(sec.37-ssec.1) This section applies if the director is not a member.\n(sec.37-ssec.2) The director must attend all meetings of the board unless excused or precluded by the board.","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Things done by director","content":"### sec.38 Things done by director\n\nAnything done in the name of, or for, the board by the director is taken to have been done by the board.\ns 38 ins 1997 No. 79 s 46","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Delegation by director","content":"### sec.39 Delegation by director\n\nThe director may delegate the director’s powers (including a power delegated to the director by the board) to—\nan appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan appropriately qualified employee of the board.\nSubsection (1) has effect subject to any directions by the board.\ns 39 ins 1997 No. 79 s 46\namd 2007 No. 20 s 67\n(sec.39-ssec.1) The director may delegate the director’s powers (including a power delegated to the director by the board) to— an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or an appropriately qualified employee of the board.\n(sec.39-ssec.2) Subsection (1) has effect subject to any directions by the board.\n- (a) an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (b) an appropriately qualified employee of the board.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 prev s 40 ins 1985 No. 65 s 33\nom 1995 No. 58 s 4 sch 1","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 amd 1985 No. 65 s 28 ; 1988 No. 52 s 44 sch 3\nsub 1995 No. 58 s 4 sch 1\namd 1996 No. 37 s 147 sch 2\nom 2007 No. 20 s 69","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 prev s 42 ins 1985 No. 65 s 33\nom 1997 No. 79 s 41 sch 3","sortOrder":55},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":56},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Board may enter into work performance arrangements","content":"### sec.42A Board may enter into work performance arrangements\n\nThe board may enter into, and give effect to, a work performance arrangement with—\nthe chief executive of a department; or\nthe appropriate authority of another government entity.\nA work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\nFor example, a work performance arrangement may provide for—\nthe appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\nthe authorising of a person to exercise powers for the arrangement; and\nwhether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\nA person performing work for the board under a work performance arrangement entered into under subsection (1) —\nis not employed by the board; and\nremains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.\nTo remove any doubt, it is declared that the board does not have power to employ a person performing work for the board under a work performance arrangement entered into under subsection (1) .\ns 42A ins 2007 No. 20 s 71\n(sec.42A-ssec.1) The board may enter into, and give effect to, a work performance arrangement with— the chief executive of a department; or the appropriate authority of another government entity.\n(sec.42A-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\n(sec.42A-ssec.3) For example, a work performance arrangement may provide for— the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and the authorising of a person to exercise powers for the arrangement; and whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n(sec.42A-ssec.4) A person performing work for the board under a work performance arrangement entered into under subsection (1) — is not employed by the board; and remains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.\n(sec.42A-ssec.5) To remove any doubt, it is declared that the board does not have power to employ a person performing work for the board under a work performance arrangement entered into under subsection (1) .\n- (a) the chief executive of a department; or\n- (b) the appropriate authority of another government entity.\n- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\n- (b) the authorising of a person to exercise powers for the arrangement; and\n- (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n- (a) is not employed by the board; and\n- (b) remains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.","sortOrder":57},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Superannuation schemes","content":"### sec.42B Superannuation schemes\n\nThe board may—\nestablish and maintain, or amend, superannuation schemes; or\njoin in establishing and maintaining, or amending, superannuation schemes; or\ntake part in superannuation schemes.\ns 42B (prev s 40) ins 1997 No. 79 s 46\nrenum and reloc 2007 No. 20 s 68\n- (a) establish and maintain, or amend, superannuation schemes; or\n- (b) join in establishing and maintaining, or amending, superannuation schemes; or\n- (c) take part in superannuation schemes.","sortOrder":58},{"sectionNumber":"sec.42C","sectionType":"section","heading":"Honorary assistants","content":"### sec.42C Honorary assistants\n\nThe director may, with the approval of the board, from time to time appoint for the effectual administration of this Act such persons, being members of the Queensland Museum Association Incorporated, or other suitable persons, who are engaged in or signify a willingness to become engaged in honorary activities in and for the museum to act as honorary assistants.\nHonorary assistants shall hold office at the pleasure of the board, and shall have the functions decided by the board.\ns 42C (prev s 42) ins 1985 No. 65 s 29\namd 1997 No. 79 s 41 sch 3\nrenum and reloc 2007 No. 20 s 70\n(sec.42C-ssec.1) The director may, with the approval of the board, from time to time appoint for the effectual administration of this Act such persons, being members of the Queensland Museum Association Incorporated, or other suitable persons, who are engaged in or signify a willingness to become engaged in honorary activities in and for the museum to act as honorary assistants.\n(sec.42C-ssec.2) Honorary assistants shall hold office at the pleasure of the board, and shall have the functions decided by the board.","sortOrder":59},{"sectionNumber":"pt.3","sectionType":"part","heading":"Planning","content":"# Planning","sortOrder":60},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":"How pt 3 applies if offices of Minister and Treasurer are held by the 1 person","content":"### sec.43 How pt 3 applies if offices of Minister and Treasurer are held by the 1 person\n\nThis section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\nThe provision is satisfied if the thing is done by or in relation to the Minister.\ns 43 prev s 43 ins 1985 No. 65 s 33\nom 1997 No. 79 s 41 sch 3\npres s 43 amd 1997 No. 17 s 74 sch\nsub 1997 No. 79 s 47\n(sec.43-ssec.1) This section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\n(sec.43-ssec.2) The provision is satisfied if the thing is done by or in relation to the Minister.","sortOrder":62},{"sectionNumber":"sec.44","sectionType":"section","heading":"Part additional to standard","content":"### sec.44 Part additional to standard\n\nThis part is additional to and does not derogate from the standard.\nHowever, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\nAlso, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.\ns 44 sub 1997 No. 79 s 47\n(sec.44-ssec.1) This part is additional to and does not derogate from the standard.\n(sec.44-ssec.2) However, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\n(sec.44-ssec.3) Also, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.","sortOrder":63},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Strategic and operational plans for board","content":"## Strategic and operational plans for board","sortOrder":64},{"sectionNumber":"sec.45","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.45 Draft strategic and operational plans\n\nThe board must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the board not later than 2 months before the start of each financial year.\nIn preparing the draft plans the board must consult with the Minister.\nThe board must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\nThe draft plans must—\nbe in the form approved by the Minister; and\nprovide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and\nbe accompanied by—\na statement of resource implications, and major policy changes, resulting from the proposed plan; and\nany budget documents the board has prepared for the State’s funding of the board.\nThe board and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\ns 45 sub 1997 No. 79 s 47\namd 2003 No. 66 s 19\n(sec.45-ssec.1) The board must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the board not later than 2 months before the start of each financial year.\n(sec.45-ssec.2) In preparing the draft plans the board must consult with the Minister.\n(sec.45-ssec.3) The board must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\n(sec.45-ssec.4) The draft plans must— be in the form approved by the Minister; and provide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and be accompanied by— a statement of resource implications, and major policy changes, resulting from the proposed plan; and any budget documents the board has prepared for the State’s funding of the board.\n(sec.45-ssec.5) The board and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\n- (a) be in the form approved by the Minister; and\n- (b) provide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and\n- (c) be accompanied by— (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and (ii) any budget documents the board has prepared for the State’s funding of the board.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the board has prepared for the State’s funding of the board.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the board has prepared for the State’s funding of the board.","sortOrder":65},{"sectionNumber":"sec.46","sectionType":"section","heading":"Special procedures for draft strategic and operational plans","content":"### sec.46 Special procedures for draft strategic and operational plans\n\nThe Minister may return the draft strategic and operational plans to the board and ask it—\nto consider, or further consider, anything and deal with the thing in the draft plans; and\nto revise the draft plans in the light of its consideration or further consideration.\nThe board must comply with the request as a matter of urgency but subsection (1) does not require the board to amend the draft plans.\nIf the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board—\nto take specified steps in relation to the draft plans or either of them; or\nto make specified modifications of the draft plans or either of them.\nThe board must immediately comply with the direction and include a copy of the direction in the plans, or plan concerned.\nThe Minister may act under subsection (1) or (3) for a thing having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\ns 46 prev s 46 om 1996 No. 54 s 9 sch\npres s 46 ins 1997 No. 79 s 47\n(sec.46-ssec.1) The Minister may return the draft strategic and operational plans to the board and ask it— to consider, or further consider, anything and deal with the thing in the draft plans; and to revise the draft plans in the light of its consideration or further consideration.\n(sec.46-ssec.2) The board must comply with the request as a matter of urgency but subsection (1) does not require the board to amend the draft plans.\n(sec.46-ssec.3) If the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board— to take specified steps in relation to the draft plans or either of them; or to make specified modifications of the draft plans or either of them.\n(sec.46-ssec.4) The board must immediately comply with the direction and include a copy of the direction in the plans, or plan concerned.\n(sec.46-ssec.5) The Minister may act under subsection (1) or (3) for a thing having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\n- (a) to consider, or further consider, anything and deal with the thing in the draft plans; and\n- (b) to revise the draft plans in the light of its consideration or further consideration.\n- (a) to take specified steps in relation to the draft plans or either of them; or\n- (b) to make specified modifications of the draft plans or either of them.","sortOrder":66},{"sectionNumber":"sec.47","sectionType":"section","heading":"Strategic and operational plans on agreement","content":"### sec.47 Strategic and operational plans on agreement\n\nWhen the draft strategic and operational plans have been agreed to in writing by the Minister, they become the board’s strategic and operational plans for the relevant financial year.\nHowever, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.\ns 47 amd 1979 No. 29 s 16\nsub 1997 No. 79 s 47\n(sec.47-ssec.1) When the draft strategic and operational plans have been agreed to in writing by the Minister, they become the board’s strategic and operational plans for the relevant financial year.\n(sec.47-ssec.2) However, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.","sortOrder":67},{"sectionNumber":"sec.48","sectionType":"section","heading":"Strategic and operational plans pending agreement","content":"### sec.48 Strategic and operational plans pending agreement\n\nThis section applies if the Minister and the board have not agreed to draft strategic and operational plans before the start of the relevant financial year.\nThe draft plans submitted, or last submitted, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, are taken to be the board’s strategic and operational plans.\nSubsection (2) applies until draft strategic and operational plans become the board’s strategic and operational plans under section 47 .\ns 48 sub 1995 No. 58 s 4 sch 1\namd 1996 No. 54 s 9 sch\nsub 1997 No. 79 s 47\n(sec.48-ssec.1) This section applies if the Minister and the board have not agreed to draft strategic and operational plans before the start of the relevant financial year.\n(sec.48-ssec.2) The draft plans submitted, or last submitted, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, are taken to be the board’s strategic and operational plans.\n(sec.48-ssec.3) Subsection (2) applies until draft strategic and operational plans become the board’s strategic and operational plans under section 47 .","sortOrder":68},{"sectionNumber":"sec.49","sectionType":"section","heading":"Modifications of strategic and operational plans","content":"### sec.49 Modifications of strategic and operational plans\n\nThe board may modify its strategic or operational plan only with the written agreement of the Minister.\nThe Minister may, by written notice, direct the board to modify its strategic or operational plan.\nThe Minister may act under subsection (1) or (2) for a modification having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.\ns 49 prev s 49 om 1995 No. 58 s 4 sch 1\npres s 49 ins 1997 No. 79 s 47\n(sec.49-ssec.1) The board may modify its strategic or operational plan only with the written agreement of the Minister.\n(sec.49-ssec.2) The Minister may, by written notice, direct the board to modify its strategic or operational plan.\n(sec.49-ssec.3) The Minister may act under subsection (1) or (2) for a modification having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.","sortOrder":69},{"sectionNumber":"sec.50","sectionType":"section","heading":"State’s agreed triennial funding","content":"### sec.50 State’s agreed triennial funding\n\nThe board’s strategic plan must include the State’s agreed funding proposals for the board for the period covered by the plan or, if the period is more than 3 years, the first 3 years.\ns 50 sub 1974 No. 11 s 2\namd 1979 No. 29 s 17\nsub 1997 No. 79 s 47","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Elements of operational plans","content":"### sec.51 Elements of operational plans\n\nThe board’s operational plan must include the following—\ntargets for, and ways of measuring, outputs the board intends to supply;\nidentification of the outputs that are not in the board’s commercial interests to supply;\nidentification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the board;\nidentification of any outputs intended to be funded from the board’s commercial and fundraising activities;\nan outline of the nature and scope of activities, including commercial and fundraising activities, the board proposes to undertake;\nan outline of the major investments and borrowings the board intends to make;\nan outline of the board’s risk management policies and procedures;\nan outline of the main undertakings proposed by the board.\ns 51 ins 1997 No. 79 s 47\n- (a) targets for, and ways of measuring, outputs the board intends to supply;\n- (b) identification of the outputs that are not in the board’s commercial interests to supply;\n- (c) identification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the board;\n- (d) identification of any outputs intended to be funded from the board’s commercial and fundraising activities;\n- (e) an outline of the nature and scope of activities, including commercial and fundraising activities, the board proposes to undertake;\n- (f) an outline of the major investments and borrowings the board intends to make;\n- (g) an outline of the board’s risk management policies and procedures;\n- (h) an outline of the main undertakings proposed by the board.","sortOrder":71},{"sectionNumber":"sec.52","sectionType":"section","heading":"Information systems and physical assets strategic plans","content":"### sec.52 Information systems and physical assets strategic plans\n\nThe board’s information systems and physical assets strategic plan under the standard must be included in the board’s strategic plan.\ns 52 prev s 52 ins 1997 No. 79 s 50\nom 17 November 2000 RA s 37\npres s 52 ins 1997 No. 79 s 47","sortOrder":72},{"sectionNumber":"pt.4","sectionType":"part","heading":"Accountability matters","content":"# Accountability matters","sortOrder":73},{"sectionNumber":"sec.53","sectionType":"section","heading":"Board to keep Minister informed","content":"### sec.53 Board to keep Minister informed\n\nThe board must—\nkeep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and\ngive to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\nif matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\nSubsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.\ns 53 ins 1997 No. 79 s 47\n(sec.53-ssec.1) The board must— keep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\n(sec.53-ssec.2) Subsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.\n- (a) keep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and\n- (b) give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\n- (c) if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.","sortOrder":74},{"sectionNumber":"sec.54","sectionType":"section","heading":"Monitoring and assessment of board","content":"### sec.54 Monitoring and assessment of board\n\nThe Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the board.\nThe person may give written directions to the board for the investigation.\nWithout limiting subsection (2) , the person may direct the board—\nto give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and\nto permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and\nto take steps the person considers necessary or desirable for the investigation.\nThe board must ensure that any direction given to it under this section is complied with.\nBefore reporting on the investigation to the Minister, the person must consult with the board about the report.\ns 54 ins 1997 No. 79 s 47\n(sec.54-ssec.1) The Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the board.\n(sec.54-ssec.2) The person may give written directions to the board for the investigation.\n(sec.54-ssec.3) Without limiting subsection (2) , the person may direct the board— to give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and to permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and to take steps the person considers necessary or desirable for the investigation.\n(sec.54-ssec.4) The board must ensure that any direction given to it under this section is complied with.\n(sec.54-ssec.5) Before reporting on the investigation to the Minister, the person must consult with the board about the report.\n- (a) to give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and\n- (b) to permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and\n- (c) to take steps the person considers necessary or desirable for the investigation.","sortOrder":75},{"sectionNumber":"pt.5","sectionType":"part","heading":"Reporting","content":"# Reporting","sortOrder":76},{"sectionNumber":"sec.55","sectionType":"section","heading":"Annual report","content":"### sec.55 Annual report\n\nThe board’s annual report under the Financial Accountability Act 2009 must include—\na summary of the operational plan for the relevant financial year; and\na summary of any modifications of the operational plan during the relevant financial year; and\nparticulars of any directions given to the board by the Minister that relate to the relevant financial year; and\nparticulars of the impact on the financial position of the board of any modifications of the operational plan, and any directions given to the board by the Minister, that relate to the relevant financial year.\ns 55 sub 1974 No. 11 s 3\namd 1979 No. 29 s 18\nsub 1997 No. 79 s 47\namd 2009 No. 9 s 136 sch 1\n- (a) a summary of the operational plan for the relevant financial year; and\n- (b) a summary of any modifications of the operational plan during the relevant financial year; and\n- (c) particulars of any directions given to the board by the Minister that relate to the relevant financial year; and\n- (d) particulars of the impact on the financial position of the board of any modifications of the operational plan, and any directions given to the board by the Minister, that relate to the relevant financial year.","sortOrder":77},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":78},{"sectionNumber":"sec.56","sectionType":"section","heading":"Delegation by Minister","content":"### sec.56 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\nHowever, the Minister may not delegate any of the following powers—\nthe power to give the board a function for section 12 (1) (f) ;\nthe power to direct the board under sections 15 , 46 (3) and 49 (2) ;\nthe power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans;\nthe power to ask a person to investigate and report under section 54 (1) .\ns 56 sub 1997 No. 79 s 48\namd 2003 No. 66 s 20\n(sec.56-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\n(sec.56-ssec.2) However, the Minister may not delegate any of the following powers— the power to give the board a function for section 12 (1) (f) ; the power to direct the board under sections 15 , 46 (3) and 49 (2) ; the power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans; the power to ask a person to investigate and report under section 54 (1) .\n- (a) the power to give the board a function for section 12 (1) (f) ;\n- (b) the power to direct the board under sections 15 , 46 (3) and 49 (2) ;\n- (c) the power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans;\n- (d) the power to ask a person to investigate and report under section 54 (1) .","sortOrder":79},{"sectionNumber":"sec.57","sectionType":"section","heading":"Protection from liability of persons acting under the Act","content":"### sec.57 Protection from liability of persons acting under the Act\n\nThe following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act—\na member;\na person appointed to a committee established under section 24 ;\nan honorary assistant appointed under section 42C .\nIf subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the board.\nThis section is subject to section 58 .\ns 57 amd 1985 No. 65 s 31\nsub 1997 No. 79 s 48\namd 2007 No. 20 s 72\n(sec.57-ssec.1) The following persons are not civilly liable for an act done, or omission made, honestly and without negligence under this Act— a member; a person appointed to a committee established under section 24 ; an honorary assistant appointed under section 42C .\n(sec.57-ssec.2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the board.\n(sec.57-ssec.3) This section is subject to section 58 .\n- (a) a member;\n- (b) a person appointed to a committee established under section 24 ;\n- (c) an honorary assistant appointed under section 42C .","sortOrder":80},{"sectionNumber":"sec.58","sectionType":"section","heading":"Illegal borrowing","content":"### sec.58 Illegal borrowing\n\nSubsection (2) applies if the board borrows an amount that it is not authorised to borrow under an Act.\nThe members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nSubsection (4) applies if an amount is appropriated from the board’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.\nThe members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nIf the Treasurer brings an action under subsection (4) —\nthe Treasurer is entitled to costs as between solicitor and client; and\nany amount recovered must be paid to the board.\nSubsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the board was authorised under an Act to borrow the amount.\nSubsection (4) does not apply to a member if—\nsubsection (2) does not apply to the member because of subsection (6) ; or\nthe member did not consent to the borrowing.\ns 58 sub 1997 No. 79 s 48\n(sec.58-ssec.1) Subsection (2) applies if the board borrows an amount that it is not authorised to borrow under an Act.\n(sec.58-ssec.2) The members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.58-ssec.3) Subsection (4) applies if an amount is appropriated from the board’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.\n(sec.58-ssec.4) The members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.58-ssec.5) If the Treasurer brings an action under subsection (4) — the Treasurer is entitled to costs as between solicitor and client; and any amount recovered must be paid to the board.\n(sec.58-ssec.6) Subsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the board was authorised under an Act to borrow the amount.\n(sec.58-ssec.7) Subsection (4) does not apply to a member if— subsection (2) does not apply to the member because of subsection (6) ; or the member did not consent to the borrowing.\n- (a) the Treasurer is entitled to costs as between solicitor and client; and\n- (b) any amount recovered must be paid to the board.\n- (a) subsection (2) does not apply to the member because of subsection (6) ; or\n- (b) the member did not consent to the borrowing.","sortOrder":81},{"sectionNumber":"sec.59","sectionType":"section","heading":"Application of certain Acts","content":"### sec.59 Application of certain Acts\n\nThe board is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 59 ins 1997 No. 79 s 48\namd 2009 No. 9 s 136 sch 1\n(sec.59-ssec.1) The board is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.59-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":82},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application of rule against perpetuities","content":"### sec.60 Application of rule against perpetuities\n\nFor the application of the rule against perpetuities to gifts to the board, the board’s purposes are taken to be charitable.\ns 60 ins 1997 No. 79 s 48","sortOrder":83},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 ins 1997 No. 79 s 48\nom 2001 No. 71 s 551 sch 1","sortOrder":84},{"sectionNumber":"sec.62","sectionType":"section","heading":"Museum etc. taken to be public place","content":"### sec.62 Museum etc. taken to be public place\n\nThis section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\nA building or another place consisting of the museum or a branch of the museum is taken to be a public place.\nSubsection (2) must not be construed to prevent or limit the imposition by the board of conditions of entry for the building or other place.\ns 62 ins 1997 No. 79 s 48\n(sec.62-ssec.1) This section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\n(sec.62-ssec.2) A building or another place consisting of the museum or a branch of the museum is taken to be a public place.\n(sec.62-ssec.3) Subsection (2) must not be construed to prevent or limit the imposition by the board of conditions of entry for the building or other place.","sortOrder":85},{"sectionNumber":"sec.63","sectionType":"section","heading":"Board’s seal","content":"### sec.63 Board’s seal\n\nThe board’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.\nThe attaching of the seal to a document must be witnessed by—\n2 or more members; or\nat least 1 member and the director; or\na member or the director, and 1 or more other persons authorised by the board.\ns 63 ins 1997 No. 79 s 48\n(sec.63-ssec.1) The board’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.\n(sec.63-ssec.2) The attaching of the seal to a document must be witnessed by— 2 or more members; or at least 1 member and the director; or a member or the director, and 1 or more other persons authorised by the board.\n- (a) 2 or more members; or\n- (b) at least 1 member and the director; or\n- (c) a member or the director, and 1 or more other persons authorised by the board.","sortOrder":86},{"sectionNumber":"sec.64","sectionType":"section","heading":"Authentication of documents","content":"### sec.64 Authentication of documents\n\nA document made by the board (other than a document that is required by law to be sealed) is sufficiently authenticated if it is signed by—\nthe chairperson; or\nthe director; or\na person authorised to sign the document by—\nresolution of the board; or\ndirection of the director.\ns 64 ins 1997 No. 79 s 48\n- (a) the chairperson; or\n- (b) the director; or\n- (c) a person authorised to sign the document by— (i) resolution of the board; or (ii) direction of the director.\n- (i) resolution of the board; or\n- (ii) direction of the director.\n- (i) resolution of the board; or\n- (ii) direction of the director.","sortOrder":87},{"sectionNumber":"sec.65","sectionType":"section","heading":"Reward for information","content":"### sec.65 Reward for information\n\nThe board may offer and pay a reward to a person who gives the board information about an offence it believes or suspects is committed in relation to its property or property in its possession.\nIf a court finds a person guilty of the offence and the board has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the board the amount of the reward.\nThe amount is a debt owing by the person to the board.\nSubsection (2) —\napplies whether or not a conviction is recorded; and\ndoes not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\ns 65 ins 1997 No. 79 s 48\n(sec.65-ssec.1) The board may offer and pay a reward to a person who gives the board information about an offence it believes or suspects is committed in relation to its property or property in its possession.\n(sec.65-ssec.2) If a court finds a person guilty of the offence and the board has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the board the amount of the reward.\n(sec.65-ssec.3) The amount is a debt owing by the person to the board.\n(sec.65-ssec.4) Subsection (2) — applies whether or not a conviction is recorded; and does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\n- (a) applies whether or not a conviction is recorded; and\n- (b) does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.","sortOrder":88},{"sectionNumber":"sec.66","sectionType":"section","heading":"Proceedings for offences","content":"### sec.66 Proceedings for offences\n\nA proceeding for an offence under this Act may be instituted summarily under the Justices Act 1886 .\ns 66 ins 1997 No. 79 s 48","sortOrder":89},{"sectionNumber":"sec.67","sectionType":"section","heading":"Description of property in proceeding","content":"### sec.67 Description of property in proceeding\n\nIn any proceeding taken for an offence committed in relation to property, or property in the possession, of the board and in which it is material to prove ownership of the property, it is enough to allege the board owns the property.\ns 67 ins 1997 No. 79 s 48","sortOrder":90},{"sectionNumber":"sec.68","sectionType":"section","heading":"Savings as to Commonwealth powers","content":"### sec.68 Savings as to Commonwealth powers\n\nNothing in this Act affects the powers of the Commonwealth in respect of the matter of air transport referred to the Parliament of the Commonwealth by the Commonwealth Powers (Air Transport) Act 1950 , and, without limiting the generality of the foregoing, nothing in this Act shall be construed as authorising the board to—\noperate an air transport business or an air service for the carriage of passengers or cargo; or\nown, lease, or operate aircraft (other than for the purposes of this Act); or\ncontrol the taking off, landing or flight of aircraft.\ns 68 prev s 68 amd 1985 No. 65 s 32 ; 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 49\npres s 68 ins 1985 No. 65 s 33\n- (a) operate an air transport business or an air service for the carriage of passengers or cargo; or\n- (b) own, lease, or operate aircraft (other than for the purposes of this Act); or\n- (c) control the taking off, landing or flight of aircraft.","sortOrder":91},{"sectionNumber":"sec.69","sectionType":"section","heading":"Regulation-making power","content":"### sec.69 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 69 ins 1995 No. 58 s 4 sch 1","sortOrder":92},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":93},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provisions for Arts Legislation Amendment Act 2003","content":"## Transitional provisions for Arts Legislation Amendment Act 2003","sortOrder":94},{"sectionNumber":"sec.70","sectionType":"section","heading":"Definition for div 1","content":"### sec.70 Definition for div 1\n\nIn this division—\ncommencement means commencement of this section.\ns 70 prev s 70 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 70 ins 2003 No. 66 s 21\namd 2007 No. 20 s 74","sortOrder":95},{"sectionNumber":"sec.71","sectionType":"section","heading":"Duration of certain appointments","content":"### sec.71 Duration of certain appointments\n\nThis section applies to a person who was a member of the board immediately before the commencement.\nDespite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section 10(3).\ns 71 prev s 71 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 71 ins 2003 No. 66 s 21\n(sec.71-ssec.1) This section applies to a person who was a member of the board immediately before the commencement.\n(sec.71-ssec.2) Despite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section 10(3).","sortOrder":96},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions for Statutory Bodies Legislation Amendment Act 2007","content":"## Transitional provisions for Statutory Bodies Legislation Amendment Act 2007","sortOrder":97},{"sectionNumber":"sec.72","sectionType":"section","heading":"Rights and entitlements of particular employees","content":"### sec.72 Rights and entitlements of particular employees\n\nThis section applies to a person who—\nbecomes a public service employee; and\nwas an employee of the board—\nimmediately before the commencement of this section; and\nimmediately before becoming a public service employee.\nOn becoming a public service employee—\nthe person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—\nhave accrued or were accruing to the person as an employee of the board; and\nwould have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\nif the person is a member of a superannuation scheme—\nthe person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\nthe person’s membership of the scheme is not affected.\nWithout limiting subsection (2), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person as a public service employee is a continuation of employment of the person by the board.\ns 72 prev s 72 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 72 ins 2007 No. 20 s 75\n(sec.72-ssec.1) This section applies to a person who— becomes a public service employee; and was an employee of the board— immediately before the commencement of this section; and immediately before becoming a public service employee.\n(sec.72-ssec.2) On becoming a public service employee— the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— have accrued or were accruing to the person as an employee of the board; and would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth); and if the person is a member of a superannuation scheme— the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected.\n(sec.72-ssec.3) Without limiting subsection (2), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person as a public service employee is a continuation of employment of the person by the board.\n- (a) becomes a public service employee; and\n- (b) was an employee of the board— (i) immediately before the commencement of this section; and (ii) immediately before becoming a public service employee.\n- (i) immediately before the commencement of this section; and\n- (ii) immediately before becoming a public service employee.\n- (i) immediately before the commencement of this section; and\n- (ii) immediately before becoming a public service employee.\n- (a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— (i) have accrued or were accruing to the person as an employee of the board; and (ii) would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\n- (i) have accrued or were accruing to the person as an employee of the board; and\n- (ii) would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\n- (b) if the person is a member of a superannuation scheme— (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and (ii) the person’s membership of the scheme is not affected.\n- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\n- (ii) the person’s membership of the scheme is not affected.\n- (i) have accrued or were accruing to the person as an employee of the board; and\n- (ii) would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth); and\n- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\n- (ii) the person’s membership of the scheme is not affected.","sortOrder":98},{"sectionNumber":"sec.73","sectionType":"section","heading":"Non-application of Industrial Relations Act 1999, s 167","content":"### sec.73 Non-application of Industrial Relations Act 1999, s 167\n\nFor the purpose of the Industrial Relations Act 1999 , section 167, a department or public service office does not become the successor of any part of the business of the board only because the department or public service office becomes the employer of persons previously employed by the board.\ns 73 prev s 73 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 73 ins 2007 No. 20 s 75","sortOrder":99},{"sectionNumber":"sec.74","sectionType":"section","heading":"Amending Act does not affect particular powers of board","content":"### sec.74 Amending Act does not affect particular powers of board\n\nNothing in the Statutory Bodies Legislation Amendment Act 2007 , part 7, affects the powers of the board under section 14.\ns 74 prev s 74 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 74 ins 2007 No. 20 s 75","sortOrder":100},{"sectionNumber":"sec.75","sectionType":"section","heading":"Continued application of repealed s 41","content":"### sec.75 Continued application of repealed s 41\n\nSection 41, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the board under the section immediately before the commencement while that employment continues.\nThis section does not limit section 74.\ns 75 prev s 75 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 75 ins 2007 No. 20 s 75\n(sec.75-ssec.1) Section 41, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the board under the section immediately before the commencement while that employment continues.\n(sec.75-ssec.2) This section does not limit section 74.","sortOrder":101},{"sectionNumber":"sec.76","sectionType":"section","heading":"Application of Act to particular officers","content":"### sec.76 Application of Act to particular officers\n\nThis section applies to a person who—\nimmediately before the commencement of this section, was an officer mentioned in section 35(3) as in force immediately before that commencement; and\non the commencement, continues to perform work for the board.\nFor sections 16, 17, 34 and 39, until the chief executive of the department enters into a work performance arrangement with the board the person is taken to be an employee of a department or other government entity performing work for the board under a work performance arrangement.\nIf, immediately before the commencement of this section, a delegation of a power to the person was in force under section 34 or 39, as the section was in force immediately before the commencement, the delegation continues in force until it is revoked.\ns 76 prev s 76 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 76 ins 2007 No. 20 s 75\n(sec.76-ssec.1) This section applies to a person who— immediately before the commencement of this section, was an officer mentioned in section 35(3) as in force immediately before that commencement; and on the commencement, continues to perform work for the board.\n(sec.76-ssec.2) For sections 16, 17, 34 and 39, until the chief executive of the department enters into a work performance arrangement with the board the person is taken to be an employee of a department or other government entity performing work for the board under a work performance arrangement.\n(sec.76-ssec.3) If, immediately before the commencement of this section, a delegation of a power to the person was in force under section 34 or 39, as the section was in force immediately before the commencement, the delegation continues in force until it is revoked.\n- (a) immediately before the commencement of this section, was an officer mentioned in section 35(3) as in force immediately before that commencement; and\n- (b) on the commencement, continues to perform work for the board.","sortOrder":102},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","content":"## Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","sortOrder":103},{"sectionNumber":"sec.77","sectionType":"section","heading":"Definitions for div 3","content":"### sec.77 Definitions for div 3\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\ncurrent appointment , of the present director, means the director’s appointment by the Governor in Council under the pre-amended Act, section 35(1), on 10 May 2005.\ncurrent conditions see section 78(1).\npre-amended Act means this Act as in force before the commencement.\npresent director means the person holding office as the director at the commencement.\ns 77 prev s 77 ins 1997 No. 79 s 50\nexp 19 December 2002 (see s 77)\npres s 77 ins 2007 No. 53 s 17","sortOrder":104},{"sectionNumber":"sec.78","sectionType":"section","heading":"Conditions on which present director holds office","content":"### sec.78 Conditions on which present director holds office\n\nSubject to this division, the present director continues to hold office on the conditions (the current conditions ) applying under the pre-amended Act, section 35(2), immediately before the commencement.\nThe present director’s current appointment ends and the director ceases holding the office at the end of 9 May 2010.\nSubsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\nIf the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.\ns 78 ins 2007 No. 53 s 17\n(sec.78-ssec.1) Subject to this division, the present director continues to hold office on the conditions (the current conditions ) applying under the pre-amended Act, section 35(2), immediately before the commencement.\n(sec.78-ssec.2) The present director’s current appointment ends and the director ceases holding the office at the end of 9 May 2010.\n(sec.78-ssec.3) Subsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\n(sec.78-ssec.4) If the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.","sortOrder":105},{"sectionNumber":"sec.79","sectionType":"section","heading":"Current conditions may be amended","content":"### sec.79 Current conditions may be amended\n\nThe board may, with the Governor in Council’s approval, amend the current conditions.\nHowever, subject to section 78(3), the conditions can not be amended in a way that would interfere with the operation of section 78(2).\ns 79 ins 2007 No. 53 s 17\n(sec.79-ssec.1) The board may, with the Governor in Council’s approval, amend the current conditions.\n(sec.79-ssec.2) However, subject to section 78(3), the conditions can not be amended in a way that would interfere with the operation of section 78(2).","sortOrder":106},{"sectionNumber":"sec.80","sectionType":"section","heading":"No compensation payable","content":"### sec.80 No compensation payable\n\nCompensation may not be claimed by, and is not payable to, the present director, whether under the current conditions, those conditions as amended or otherwise, because of the operation of section 78(2).\ns 80 ins 2007 No. 53 s 17","sortOrder":107}],"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1970 Act was a straightforward administrative law establishing a museum board of trustees with basic management functions. Over subsequent decades — particularly through major amendments in 1985, 1995, 1997, 2003, and 2007 — the scope expanded significantly to include: detailed corporate governance structures modelled on company law principles; formal strategic and operational planning frameworks tied to government budget cycles; ministerial oversight and accountability mechanisms; provisions abolishing the doctrine of ultra vires; work performance arrangements reflecting public sector restructuring; explicit guiding principles including respect for Indigenous cultures and regional responsiveness; and international collaboration mandates. The museum's mandate also evolved from a general natural history and historical collection to a broader institution for 'science, the environment and human achievement' contributing to Queensland's 'cultural, social and intellectual development'."},"complexity_factors":["Multiple layers of governance (Governor in Council, Minister, Treasurer, Board, Director, committees) with interacting powers","Detailed annual planning and budget approval process involving multiple government actors with specific timelines","Legal corporate structure provisions adapted from Corporations Act concepts (ultra vires abolition, good faith dealing protections)","Personal liability provisions for board members in relation to unauthorised borrowing","Work performance arrangements creating unusual employment-like relationships without formal employment","Interaction with multiple other Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Public Sector Act 2022, Personal Property Securities Act 2009 (Cwlth))","Transitional provisions in Part 7 (referenced in definitions but not reproduced in full) adding complexity","Delegation chains (Minister to officers, Board to director, Director to employees) with limits on non-delegable powers","Property disposal rules with specific priority waterfall for proceeds of sale","Extensive amendment history requiring careful reading to understand current state of the law"],"plain_english_summary":"## Queensland Museum Act 1970 — What It Does and Who It Affects\n\n### The Big Picture\nThis law establishes and governs the **Queensland Museum** — the State's main public museum covering natural history, science, technology, and human history. It creates the legal framework for how the museum is run, who runs it, and what it can do.\n\n### Who Runs the Museum?\nA government-appointed board called the **Board of the Queensland Museum** is in charge. Board members are appointed by the Governor in Council (effectively Cabinet) for up to 3 years at a time. A chairperson is also appointed by the Governor in Council, while a deputy chairperson is elected by the board members themselves.\n\nThe board is a **body corporate** — meaning it's treated like a company in legal terms. It can own property, sign contracts, sue and be sued, and operate both inside and outside Queensland, including internationally.\n\nA **Director** (like a CEO) is appointed by the Governor in Council for up to 5 years to manage day-to-day operations, but the board must approve the appointment first.\n\n### What Does the Museum Do?\nThe board's job includes:\n- Managing museum collections (natural history, science, technology, history)\n- Conducting scientific and historical research\n- Running educational programs and displays\n- Managing museum buildings and land\n- Establishing branches of the museum around Queensland\n\nThe guiding values include: excellence in preserving Queensland's heritage, serving regional communities, respecting Aboriginal and Torres Strait Islander cultures, supporting children's learning, and fostering international collaboration.\n\n### Ministerial Oversight\nThe relevant Minister has significant control — they can give written directions to the board, must agree to the museum's annual strategic and operational plans (budgets and priorities), and can order investigations into the board's operations.\n\n### Planning and Budgets\nEach year, the board must prepare **strategic plans** (long-term goals) and **operational plans** (what they'll actually do that year), submit them to the Minister for approval, and copy the Treasurer in. If they can't agree, the Minister can direct changes.\n\n### Unclaimed Property\nIf someone brings a specimen (e.g., a plant or animal sample) to the museum for identification and never collects it, the museum can sell it at public auction after giving notice. Similarly, property left abandoned at the museum can be sold or disposed of after 4 months.\n\n### Financial Rules\nThe board operates under Queensland's financial accountability laws. Importantly, if board members **illegally approve borrowing** money the museum isn't authorised to borrow, those members can be **personally liable** to repay it — this is a significant personal risk for board members.\n\n### Liability Protection\nBoard members and committee members are generally **protected from personal legal liability** for honest, non-negligent actions taken under the Act. If they're protected, liability falls back on the board itself.\n\n### Museum as a Public Place\nMuseum buildings are legally treated as **public places**, which means police have the same powers there as in any public space. However, the board can still set its own conditions of entry.\n\n### Who Does This Affect?\n- **The general public** — as users and beneficiaries of the museum\n- **Board members** — who have governance responsibilities and potential personal financial liability\n- **Museum staff** — employed under specific arrangements\n- **Researchers and scientists** — who use or collaborate with the museum\n- **People who bring specimens** to the museum for identification\n- **Queensland Government** — which funds and oversees the museum"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.6(1)","severity":"medium","reasoning":"A board with zero members cannot function - it cannot achieve quorum under s.27, cannot elect a deputy chairperson under s.9(3), and cannot perform its statutory functions. Yet s.6(1) sets no minimum. Similarly, the absence of a maximum creates no upper bound. While in practice GiC would appoint a sensible number, the statute itself provides no constraint.","confidence":0.72,"description":"The board is to consist of 'the number of members appointed by the Governor in Council' - this provides no minimum or maximum number, meaning the board could theoretically consist of zero members or an unlimited number."},{"type":"other","section":"sec.9(3)-(4)","severity":"low","reasoning":"The obligation to elect is perpetual and self-referential - the moment the office becomes vacant, the duty to fill it arises again. There is no time limit, no penalty for non-compliance, and no mechanism to resolve a deadlock. Combined with the s.31(2) rule that abstention counts as a vote against, a board could be permanently deadlocked in filling the position.","confidence":0.65,"description":"Section 9(3) requires members to elect one of them as deputy chairperson. Section 9(4) requires members to act under s.9(3) 'whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.' This creates a logical loop: the members must always be in the process of filling the office whenever it is unfilled, but there is no deadline or mechanism to enforce this obligation or consequence for failure."},{"type":"self_contradicting","section":"sec.16(3)-(7)","severity":"high","reasoning":"The section formally declares a contravention occurs (s.16(3)) yet strips that contravention of any legal effect - the act is not invalid (s.16(4)), the officer's act is not invalid (s.16(6)), and no offence is committed (s.16(7)). The only conceivable consequence is a ministerial direction under s.15 or political accountability, but the section itself renders the 'contravention' legally meaningless. This is internally self-defeating.","confidence":0.85,"description":"Section 16 creates a regulatory regime without any teeth: the board and its officers can contravene restrictions on powers (s.16(3)), the exercise of those powers remains legally valid (s.16(4) and s.16(6)), and neither the board nor any officer commits an offence (s.16(7)). The section thus prohibits conduct while simultaneously providing that breach has no legal consequence whatsoever."},{"type":"other","section":"sec.19(2)(c)","severity":"low","reasoning":"The provision is meant to allow disposal of worthless items but creates an asymmetry: low-value items can be disposed of quietly while high-value items must go to public auction. The owner of a low-value sentimental item (with no market value) has fewer procedural protections than the owner of a valuable item. This is arguably contrary to the notice protections in s.19(3).","confidence":0.6,"description":"The board may dispose of a specimen other than by sale or exchange if 'it is not viable to sell or exchange it' because of the specimen's value. This means a specimen with very low value (making sale unviable) can be disposed of without public auction and without notice, potentially defeating the owner's right to recover it."},{"type":"other","section":"sec.29(1)","severity":"low","reasoning":"While such legal fictions are common in corporate law, s.30 requires the board to 'keep minutes of its proceedings' - it is unclear how minutes are to be kept of a meeting that is merely deemed to have occurred. The section does not require any formal record beyond the signed document.","confidence":0.55,"description":"A circular resolution mechanism: resolutions without meetings are valid if signed by 'at least a majority of members'. However, s.27(1) defines quorum as a majority of members 'for the time being holding office', and s.31(1) requires a majority of members 'present at a meeting'. Section 29 deems a circular resolution to be passed 'at a meeting of the board', yet no meeting occurs. This creates a legal fiction of a meeting that never happened."},{"type":"self_contradicting","section":"sec.31(2)","severity":"medium","reasoning":"Section 33 prohibits a member with a material personal interest from voting on or taking part in a matter. However, s.31(2) deems abstention as a vote against. If a conflicted member is present and abstains, they are deemed to have voted against - which may itself breach s.33(1)(a). The member faces a choice between two forms of prohibited conduct. Section 33(3) addresses the quorum problem but not this voting paradox.","confidence":0.75,"description":"A member who abstains from voting is taken to have voted against the matter. This means a member who has a conflict of interest and wishes to abstain to avoid improperly influencing the vote will instead be counted as actively opposing the matter - which may itself constitute participation in the decision contrary to the spirit of s.33."},{"type":"other","section":"sec.42C(1)","severity":"low","reasoning":"Embedding the name of a specific private incorporated association in legislation creates a legislative dependency on the continued existence and identity of that private body. If the QMA Inc. were to dissolve or restructure, the first category in s.42C(1) becomes a dead letter. The 'other suitable persons' fallback mitigates this but the drafting is fragile.","confidence":0.6,"description":"Honorary assistants can only be appointed from members of 'the Queensland Museum Association Incorporated' or 'other suitable persons'. The first category refers to a specific incorporated association that may cease to exist, change its name, or merge - leaving the first pathway for appointment permanently unavailable without legislative amendment."},{"type":"impossible_compliance","section":"sec.47(2)","severity":"high","reasoning":"Queensland's budget cycle means parliamentary appropriation for a financial year is rarely completed more than one month before that financial year commences. The requirement in s.45(5) that agreement be reached by 1 month before financial year start, combined with s.47(2)'s condition that agreement cannot occur until appropriation, makes timely agreement structurally impossible in most years. Section 48 provides a fallback, but the impossibility of compliance with s.47(2) read with s.45(5) is a genuine structural flaw.","confidence":0.8,"description":"The Minister must not agree to strategic and operational plans until Parliament appropriates amounts for the department for the relevant financial year. However, s.45(5) requires agreement not later than 1 month before the start of the financial year, and Parliamentary appropriation typically does not occur until at or after the start of the financial year. This creates a timing impossibility."},{"type":"self_contradicting","section":"sec.58(3)-(4)","severity":"medium","reasoning":"The provision creates a Catch-22: if the board makes an illegal borrowing, members who then vote to repay it from board funds become personally liable under s.58(4). Members are thus incentivised to NOT repay the debt to avoid personal liability, which is contrary to the purpose of the provision. A member could argue it is safer to leave the illegal debt outstanding than to vote to repay it.","confidence":0.7,"description":"Section 58(3)-(4) imposes personal liability on members who consent to using board funds to repay an unauthorised borrowing. This means that members who attempt to remedy an illegal act (repaying the unauthorised debt) are themselves made personally liable - potentially deterring corrective action."},{"type":"other","section":"sec.62(2)-(3)","severity":"low","reasoning":"While this tension exists in many legislated public place definitions (e.g., shopping centres), the Act does not specify what happens when a person is refused entry or ejected pursuant to entry conditions - do police powers still apply in the vestibule? The interaction between the deemed public place status and contractual/statutory entry conditions is not resolved.","confidence":0.5,"description":"The museum is deemed a 'public place' for police powers purposes (s.62(2)) but the board may impose 'conditions of entry' (s.62(3)). A public place with conditions of entry that can exclude the public is a conceptual tension - if entry can be denied or conditioned, in what meaningful sense is it a public place for all relevant purposes?"}],"contradictions":[{"severity":"high","section_a":"sec.45(5)","section_b":"sec.47(2)","confidence":0.82,"description":"Section 45(5) requires the board and Minister to reach agreement on draft plans no later than 1 month before the start of the financial year. Section 47(2) prohibits the Minister from agreeing until Parliament appropriates amounts for the department for the relevant financial year. Parliamentary appropriation for a financial year almost never occurs more than one month before that year begins, making simultaneous compliance with both provisions structurally impossible in ordinary circumstances."},{"severity":"medium","section_a":"sec.31(2)","section_b":"sec.33(1)","confidence":0.78,"description":"Section 31(2) deems an abstaining member to have voted against a matter. Section 33(1) prohibits a member with a material personal interest from voting on a matter or otherwise taking part in any decision. If a conflicted member attends a meeting and attempts to abstain, s.31(2) deems them to have cast a vote against, which is itself participation in the decision and potentially a breach of s.33(1)(a). The two provisions are irreconcilable for a present but abstaining conflicted member."},{"severity":"medium","section_a":"sec.13(a)","section_b":"sec.16(1)-(3)","confidence":0.65,"description":"Section 13(a) declares the object of Division 3 is to abolish the application of the doctrine of ultra vires to the board. Section 16(1)-(3) then imposes restrictions on the board's powers and declares the board 'contravenes this section' if it acts beyond its functions. While s.16(4) saves the validity of external dealings, the internal contravention mechanism in s.16(3) partially reintroduces a form of ultra vires liability (albeit with no legal consequence under s.16(7)). The objects of the division and the operative provisions are in tension."},{"severity":"medium","section_a":"sec.35(2)","section_b":"sec.35B(a)","confidence":0.7,"description":"Section 35(2) provides that the director is appointed by the Governor in Council. Section 35B(a) states that despite s.35, the director is an employee of the board and not of the State. The Governor in Council acts on behalf of the State. A person simultaneously appointed by the State (GiC) but declared not to be an employee of the State, while also being an employee of the board by statutory declaration, creates an ambiguous employment relationship that may have unresolved implications for workers compensation, public sector conduct standards, and termination rights."},{"severity":"low","section_a":"sec.36","section_b":"sec.35B(b)","confidence":0.58,"description":"Section 36 provides that the director is, 'under the members', to manage the board - implying the director manages the board subject to member oversight. Section 35B(b) provides that the board 'may enter into a contract of employment with the director'. A person who manages the body that is also their employer, and whose appointment requires board approval (s.35A), has a structurally conflicted relationship: the director manages the board, and the board employs and can contractually bind the director."},{"severity":"low","section_a":"sec.19(3)","section_b":"sec.19(5)","confidence":0.55,"description":"Section 19(3) requires the board to give the owner at least one month's written notice before selling, exchanging or otherwise disposing of a specimen. Section 19(5) exempts perishable specimens disposed of under s.19(2)(c) from this notice requirement. However, s.19(2)(c) applies when it is 'not viable to sell or exchange' the specimen because of its value - not because of perishability. A perishable specimen of low value could simultaneously trigger s.19(2)(c) (low value) and s.19(5) (perishable), but s.19(5) only exempts from notice requirements if the disposal is 'under subsection (2)(c)' - creating ambiguity about whether the perishability or the value test is the operative one."},{"severity":"low","section_a":"sec.1B(b)","section_b":"sec.1B(h)","confidence":0.45,"description":"Guiding principle (b) requires responsiveness to 'communities in regional and outer metropolitan areas', while guiding principle (h) requires promoting and presenting 'content relevant to Queensland'. These principles can conflict: content relevant to Queensland broadly may not be relevant to specific regional communities, and regional-specific content may not be the most relevant to Queensland as a whole. The Act provides no mechanism for resolving this tension in the board's operational decision-making."}]},"kimi_summary":{"_metrics":{"completionTokens":645},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1970 focus on establishing a museum board. Major additions include: comprehensive corporate governance and planning frameworks (Part 3, 1997); detailed accountability and reporting requirements to the Minister; work performance arrangements with the public sector (2007); superannuation and employment provisions; and extensive transitional provisions for multiple restructures. The 2003 amendments added explicit guiding principles including international collaboration and cultural exports, broadening the Museum's scope beyond traditional collection management."},"complexity_factors":["Multiple amendment layers with extensive renumbering and relocation of sections (e.g., sections 40-42 renumbered to 42A-C)","Cross-references to external legislation including Financial Accountability Act 2009, Public Sector Act 2022, and Personal Property Securities Act 2009 (Cwlth)","Conditional logic in transitional provisions with multiple commencement dates and pre-amended Act references","Nested definitions with forward references (e.g., 'appropriately qualified' defined by reference to delegation powers)","Detailed procedural requirements for board meetings, resolutions, and delegations with multiple exceptions","Complex property disposal provisions with layered conditions (sections 19-23) including security interests, notice requirements, and proceeds distribution","Transitional provisions spanning three separate amending Acts with overlapping but distinct temporal scopes"],"plain_english_summary":"This Act establishes and governs the **Queensland Museum** and its governing body, the **Board of the Queensland Museum**.\n\n**What it does:**\n- **Establishes the Board** as a corporate body with legal powers (can own property, enter contracts, sue and be sued)\n- **Sets the Board's purpose**: to preserve, research and communicate Queensland's cultural and natural heritage, with specific principles including respect for Aboriginal and Torres Strait Islander cultures, regional responsiveness, and international collaboration\n- **Gives the Board broad functions**: managing museum collections, conducting scientific and historical research, providing educational programs, and operating branches\n- **Creates governance structures**: a board of appointed members (up to 3-year terms), a chairperson and deputy chairperson, and a director who manages day-to-day operations\n- **Requires planning**: the Board must develop strategic and operational plans subject to Ministerial approval\n- **Provides accountability mechanisms**: the Board must report to the Minister, who can investigate and direct the Board\n- **Protects third parties**: people dealing with the Board are generally protected if they assume the Board has acted properly\n\n**Who it affects:**\n- Visitors to the Queensland Museum and its branches\n- Staff and researchers\n- People who donate or lend specimens to the museum\n- Board members and the director (who have specific duties and potential liabilities)\n- The Queensland Government (which provides funding and oversight)\n\n**Why it matters:**\nThe Act ensures the Museum operates as an independent statutory body while remaining accountable to the public through government oversight. It balances the Board's operational independence with Ministerial direction, and protects public heritage while allowing commercial activities to support the Museum's work."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-museum-act-1970","history":"/api/acts/queensland-museum-act-1970/history","analysis":"/api/acts/queensland-museum-act-1970/analysis","conflicts":"/api/acts/queensland-museum-act-1970/conflicts","importantCases":"/api/acts/queensland-museum-act-1970/important-cases","documents":"/api/acts/queensland-museum-act-1970/documents"}}