{"id":"south-australian-museum-act-1976","name":"South Australian Museum Act 1976","slug":"south-australian-museum-act-1976","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110081,"registerId":"sa-south-australian-museum-act-1976-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Museum Act 1976","content":"South Australia\nSouth Australian Museum Act 1976\nAn Act to provide for the administration of the South Australian Museum; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tInterpretation\nPart 2—Museum Board\nDivision 1—Continuation of Museum Board\n3\tContinuation of Museum Board\nDivision 2—Membership, proceedings etc\n4\tComposition of Board\n5\tConditions of membership\n6\tProceedings\n7\tValidity of acts\n8\tMinisterial control\nDivision 3—Committees and delegation\n9\tCommittees\n10\tDelegation\nDivision 4—Common seal and execution of documents\n11\tCommon seal and execution of documents\nDivision 5—Functions and powers\n12\tFunctions\n13\tPowers\nDivision 6—Staff\n14\tStaff\nDivision 7—Financial matters and annual reports\n15\tAnnual budget\n16\tAccounts and audit\n17\tAnnual report\nPart 3—Authorised officers\n18\tAppointment of authorised officers\n19\tPowers of authorised officers\n20\tHindering etc authorised officers\nPart 4—Meteorites\n21\tApplication of Part\n22\tProperty in meteorites vests in Board\n23\tDuty to notify Board of newly found meteorites\n24\tPowers of authorised officers in relation to meteorites\nPart 5—Official insignia\n25\tInterpretation\n26\tOfficial titles and logos\n27\tUnlawful use of official insignia\n28\tSeizure etc of goods marked with official insignia\nPart 6—Miscellaneous\n29\tGifts etc\n30\tMinisterial delegation\n31\tApprovals by Treasurer\n32\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Museum Act 1976.\n2—Interpretation\nIn this Act, unless the contrary intention appears—\nauthorised officer—see Part 3;\nBoard means the Museum Board continued under this Act;\nmember means member of the Board;\nMuseum means the South Australian Museum (formerly known under the repealed Act as the State Museum);\noccupy, in relation to premises, means have, or be entitled to, possession or control of the premises;\nofficial insignia—see Part 5;\npremises of the Board means premises owned or occupied by the Board;\npromote, in relation to an event or activity, includes organise, commission, fund, support, market, advertise or act as project manager;\nrepealed Act means the Museum Act 1939 repealed by this Act;\nState collection means all property of scientific or historical interest vested in the Board.\nPart 2—Museum Board\nDivision 1—Continuation of Museum Board\n3—Continuation of Museum Board\n\t(1)\tThe Museum Board established under the repealed Act continues in existence.\n\t(2)\tThe Board—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\tis an instrumentality of the Crown and holds property on behalf of the Crown; and\n\t(e)\thas the functions and powers assigned or conferred under this Act.\n\t(3)\tThe rights and obligations vested in, and enforceable against, the Museum Board under the repealed Act are vested in, or enforceable against, the Board under this Act.\nDivision 2—Membership, proceedings etc\n4—Composition of Board\n\t(1)\tThe Board will consist of not more than 8 members appointed by the Governor.\n\t(2)\tAt least 1 member must be a person with expertise in a scientific field relating to the State collection.\n\t(3)\tAt least 2 members must be women and at least 2 must be men.\n\t(4)\tThe Governor will appoint 1 of the members to be the presiding member.\n\t(5)\tThe Governor may appoint a suitable person to be a deputy of a member and the deputy may perform or exercise the functions and powers of the member in the member's absence.\n5—Conditions of membership\n\t(1)\tA member will be appointed for a term not exceeding 3 years and on conditions determined by the Governor and specified in the instrument of appointment.\n\t(2)\tA member will, at the expiration of a term of appointment, be eligible for reappointment (subject to the qualification that a person cannot serve as a member for more than 9 consecutive years).\n\t(3)\tThe Governor may remove a member from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor failure or incapacity to carry out the duties of his or her office satisfactorily; or\n\t(c)\tfor contravention of a condition of his or her appointment; or\n\t(d)\tif serious irregularities have occurred in the conduct of the Board's affairs or the Board has failed to carry out its functions satisfactorily and its membership should, in the opinion of the Governor, be reconstituted for that reason.\n\t(4)\tThe office of a member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or\n\t(f)\tis absent without leave of the presiding member of the Board from 3 consecutive meetings of the Board; or\n\t(g)\tis removed from office under subsection (3).\n\t(5)\tOn the office of a member becoming vacant, a person may be appointed in accordance with this Division to the vacant office.\n\t(6)\tA member is entitled to fees, allowances and expenses determined by the Governor.\n6—Proceedings\n\t(1)\tA quorum of the Board consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tIn the absence of the presiding member at a meeting of the Board, a member chosen by the members present at the meeting will preside.\n\t(3)\tA decision carried by a majority of the votes cast by members at a meeting is a decision of the Board.\n\t(4)\tEach member present at a meeting of the Board has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(5)\tA conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members expresses concurrence in the proposed resolution by letter, fax or other written communication setting out the terms of the resolution.\n\t(7)\tThe Board must meet at least 6 times in each year.\n\t(8)\tThe Board must have accurate minutes kept of its proceedings.\n\t(9)\tSubject to this Act, the Board may determine its own procedures.\n\t(10)\tSubject to the directions of the Board and section 9, this section applies to a committee of the Board in the same way as to the Board.\n7—Validity of acts\nAn act or proceeding of the Board or a committee of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n8—Ministerial control\n\t(1)\tSubject to subsection (2), the Board is subject to the general control and direction of the Minister.\n\t(2)\tNo Ministerial direction can be given—\n\t(a)\tas to the nature or content of—\n\t(i)\tthe State collection; or\n\t(ii)\tevents or activities conducted or promoted by the Board; or\n\t(b)\tas to the manner in which the Board is to deal with a testamentary or other gift; or\n\t(c)\tas to any advice or recommendation that the Board makes or is required to make to the Minister.\nDivision 3—Committees and delegation\n9—Committees\n\t(1)\tThe Board may establish such committees (including advisory committees or subcommittees) as the Board thinks fit.\n\t(2)\tThe membership and conditions of membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board.\n\t(3)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Board; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n10—Delegation\n\t(1)\tThe Board may delegate a function or power of the Board under this Act (other than this power of delegation) to any person or committee or other body (including a person for the time being performing particular duties or holding or acting in a specified position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA delegate must not act pursuant to the delegation in any matter in which the delegate has a direct or indirect pecuniary or personal interest.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) to prove that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter.\n\t(6)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the Board containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\nDivision 4—Common seal and execution of documents\n11—Common seal and execution of documents\n\t(1)\tThe common seal of the Board must not be affixed to a document except in pursuance of a decision of the Board and the fixing of the seal must be attested by the signatures of 2 members of the Board.\n\t(2)\tThe Board may, by instrument under the common seal of the Board, authorise a person or persons (whether nominated by name or by office or title) to execute documents on behalf of the Board subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), the Board may authorise 2 or more persons to execute documents jointly on behalf of the Board.\n\t(4)\tA document is duly executed by the Board if—\n\t(a)\tthe common seal of the Board is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Board by a person or persons in accordance with authority conferred under this section.\n\t(5)\tIf an apparently genuine document purports to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document.\nDivision 5—Functions and powers\n12—Functions\nThe functions of the Board are—\n\t(a)\tto undertake the care and management of the Museum; and\n\t(b)\tto manage the premises of the Board; and\n\t(c)\tto carry out, or promote, research into matters of scientific and historical interest; and\n\t(d)\tto accumulate and care for objects and specimens of scientific or historical interest; and\n\t(e)\tto accumulate and classify data in regard to any such matters; and\n\t(f)\tto disseminate information of scientific or historical interest; and\n\t(g)\tto advise the Minister on matters relating to scientific or historical research or collections; and\n\t(h)\tto carry out any other functions assigned to the Board by this or any other Act or the Minister.\n13—Powers\n\t(1)\tThe Board has, in addition to any other powers conferred on it under this or any other Act, all the powers of a natural person.\n\t(2)\tThe Board may, for example, do any 1 or more of the following (subject to this Act):\n\t(a)\tengage agents, consultants or other contractors;\n\t(b)\tenter into other contracts, agreements or arrangements;\n\t(c)\tacquire, hold, take on hire, lend, exchange or dispose of objects, works or collections of scientific or historical interest;\n\t(d)\tacquire, hold, deal with or dispose of—\n\t(i)\tlicences; or\n\t(ii)\tintellectual property (including patents and copyright); or\n\t(iii)\tany other property (whether real or personal); or\n\t(iv)\tany interest in such property;\n\t(e)\trefuse, or dispose of, material that does not, in the opinion of the Board, justify collection and classification;\n\t(f)\toffer rewards for information—\n\t(i)\tof scientific or historical interest; or\n\t(ii)\tleading to the conviction of a person for an offence against any property of the Board or under the care or control of the Board;\n\t(g)\taccept grants or obtain financial sponsorship from any person or body;\n\t(h)\tcarry on advertising and promotional activities;\n\t(i)\tconduct events and establish, operate, manage or make available venues and other facilities (including facilities for food and liquor) at the Museum or other premises of the Board;\n\t(j)\tregulate and control admission to any venue for any events or activities conducted or promoted by the Board;\n\t(k)\tcharge and collect fees for admission to exhibitions, events or activities conducted on special occasions or for special purposes;\n\t(l)\tgrant for fee or other consideration advertising or sponsorship rights or other rights, licences or concessions in connection with events or activities conducted or promoted by the Board;\n\t(m)\tpublish or produce books, programs, brochures, films, souvenirs and other information or things relating to events or activities conducted or promoted by the Board;\n\t(n)\tsell or supply food and drink (including liquor), books, programs, brochures, films, souvenirs and other things in connection with events or activities conducted or promoted by the Board;\n\t(o)\tgrant or dispose of rights to televise, broadcast or record any events or activities conducted or promoted by the Board;\n\t(p)\trestrict, control and make charges for the use of official insignia;\n\t(q)\ttake out policies of insurance in its own right or on behalf of the State;\n\t(r)\tparticipate (whether as a member or otherwise) in, or otherwise be involved in the activities of, national or international organisations or associations involved in matters of scientific, educational or historical significance;\n\t(s)\tgive or contribute towards prizes in competitions designed to encourage activities of a scientific, cultural, historical or educational nature within the State or make grants and give other assistance for such purposes;\n\t(t)\tenter into any partnership or joint venture arrangement;\n\t(u)\tform, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside of the State;\n\t(v)\tborrow money and obtain other forms of financial accommodation;\n\t(w)\tact as trustee on behalf of another person in connection with the performance of its functions under this Act.\n\t(3)\tHowever, the Board must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(u) or (v).\n\t(4)\tThe Board is not obliged to accept or keep material that is not, in its opinion, of sufficient scientific, historical, cultural, educational or other interest to justify its collection or preservation under this Act.\n\t(5)\tThe Board may exercise its powers within or outside of the State.\nDivision 6—Staff\n14—Staff\n\t(1)\tThe Board's staff consists of Public Service employees assigned to assist the Board.\n\t(2)\tThe Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.\nDivision 7—Financial matters and annual reports\n15—Annual budget\n\t(1)\tThe Board must, from time to time, prepare and submit to the Minister a budget for the next financial year or for some other period determined by the Minister.\n\t(2)\tThe budget must set out estimates of the Board's receipts and expenditures for the period to which the budget relates.\n\t(3)\tThe budget must conform with any requirements of the Minister as to its form and the matters to be addressed by the budget.\n\t(4)\tThe Minister may approve a budget submitted under this section with or without modification.\n\t(5)\tSubject to subsection (6), the Board must not, without the consent of the Minister, make an expenditure that is not provided for by a budget that has been approved by the Minister under this section.\n\t(6)\tThe Board is not required to have the approval of the Minister with respect to the expenditure of money received by the Board by way of a testamentary or other gift.\n16—Accounts and audit\n\t(1)\tThe Board must cause proper accounting records to be kept in relation to the financial affairs of the Board, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe accounting records and the statements of account must comply with—\n\t(a)\tany instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987; and\n\t(b)\tany further requirements imposed by the Auditor‑General.\n\t(3)\tThe Auditor‑General may at any time audit the accounts of the Board and must audit the annual statements of account.\n17—Annual report\n\t(1)\tThe Board must, on or before 30 September in every year, forward to the Minister a report on the work and operations of the Museum for the preceding financial year.\n\t(2)\tThe report must contain the audited statements of account of the Board for the preceding financial year.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\nPart 3—Authorised officers\n18—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tEach police officer is an authorised officer for the purposes of this Act.\n\t(3)\tAn appointment under subsection (1) may be made subject to conditions or limitations specified in the instrument of appointment (and the exercise by an authorised officer of powers conferred under this Act is subject to the conditions and limitations (if any) specified in his or her instrument of appointment).\n\t(4)\tAn authorised officer other than a police officer must be issued with an identity card—\n\t(a)\tcontaining the person’s name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act; and\n\t(c)\tstating any conditions or limitations on the authorised officer’s authority.\n\t(5)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for inspection by the person—\n\t(a)\tin the case of an authorised officer appointed under subsection (1)—his or her identity card; and\n\t(b)\tin the case of an authorised officer who is a police officer and is not in uniform—his or her certificate of authority.\n\t(6)\tIf a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must immediately return the identity card to the Minister.\nMaximum penalty: $250.\n19—Powers of authorised officers\n\t(1)\tIf an authorised officer reasonably suspects that a person, while at the Museum or other premises of the Board, has committed, is committing or is about to commit an offence against this or any other Act, the authorised officer may do any 1 or more of the following:\n\t(a)\trequire the person to state his or her full name and usual place of residence;\n\t(b)\tif the authorised officer suspects on reasonable grounds that the name or place of residence stated is false—require the person to produce evidence of his or her full name or usual place of residence;\n\t(c)\trequire the person to leave the Museum or those premises immediately and not to return for a stated period (not exceeding 24 hours) or not to enter the Museum or those premises;\n\t(d)\tif the person refuses or fails to comply with a requirement under paragraph (c)—use such force as is reasonably necessary for the purpose of removing or excluding the person from the Museum or those premises;\n\t(e)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(2)\tAn authorised officer may also—\n\t(a)\trequire a person to surrender any object, substance or thing that the authorised officer reasonably suspects has been, is being, or is about to be, used at the Museum or other premises of the Board in contravention of this Act; and\n\t(b)\tgive such directions to persons at the Museum or other premises of the Board that the authorised officer considers necessary for—\n\t(i)\tthe maintenance of good order, the prevention of interference with events or other activities, or the safe and efficient regulation of vehicular or pedestrian traffic, at the Museum or those premises; or\n\t(ii)\tthe protection of property under the care or control of the Board; and\n\t(c)\tuse such force as may reasonably be required—\n\t(i)\tfor the purpose of removing or excluding from the Museum or other premises of the Board a person who refuses or fails to comply with a requirement or direction under this section; or\n\t(ii)\tfor the purposes of seizing goods under section 28; and\n\t(d)\texercise any other prescribed power.\n\t(3)\tAn authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances.\n\t(4)\tFor the purposes of this section, a reference to the Museum or other premises of the Board includes a reference to a part of the Museum or those premises.\n20—Hindering etc authorised officers\n\t(1)\tA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tproduces a document that he or she knows, or ought to know, is false or misleading in a material particular; or\n\t(d)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or\n\t(e)\tuses abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or\n\t(f)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $2 500.\n\t(2)\tA person is not obliged to answer a question or to produce a document as required under this Act if to do so might tend to incriminate the person or make the person liable to a penalty.\nPart 4—Meteorites\n21—Application of Part\nThis Part applies to a meteorite, being any naturally occurring object other than a tektite, that has fallen from beyond the atmosphere to earth in this State (whether before or after the commencement of this Part).\n22—Property in meteorites vests in Board\n\t(1)\tThe property in all meteorites to which this Part applies (other than those submitted for registration by the Board before 14 August 1981 and duly registered) is vested in the Board.\n\t(2)\tA person who acquires or disposes of a meteorite to which this Part applies must, not later than 1 month after the acquisition or disposal, notify the Board in writing of that fact.\nMaximum penalty: $2 500.\n\t(3)\tA court may, after convicting a person of an offence under subsection (2) in relation to a meteorite, order that the meteorite be forfeited to the Board.\n\t(4)\tA person must not, without the authority of the Board—\n\t(a)\tpurport to sell a meteorite that is the property of the Board; or\n\t(b)\thave, in his or her possession, a meteorite that is the property of the Board.\nMaximum penalty: $2 500.\n\t(5)\tIt is a defence to a charge of an offence under subsection (4)(b) for the defendant to prove that he or she was in possession of the meteorite for the purpose of delivering it to the Board.\n\t(6)\tThis section does not derogate from any criminal liability to which a person may otherwise be subject.\n\t(7)\tIn proceedings for an offence against this section, an allegation in a complaint that a meteorite to which the proceedings relate was, on a date specified in the complaint, the property of the Board will be taken to be proved in the absence of proof to the contrary.\n23—Duty to notify Board of newly found meteorites\nA person must, as soon as practicable after finding a meteorite to which this Part applies, notify the Board of that fact and furnish the Board with any other information that the Board may require.\nMaximum penalty: $2 500.\n24—Powers of authorised officers in relation to meteorites\n\t(1)\tAn authorised officer—\n\t(a)\tmay enter any land for the purpose of searching for or examining a meteorite; and\n\t(b)\tmay take such steps as are reasonable in the circumstances for recovery of the meteorite.\n\t(2)\tIf an authorised officer intends to exercise powers under subsection (1) in relation to private land, the authorised officer must give reasonable notice of that intention to the owner or occupier of the land.\nPart 5—Official insignia\n25—Interpretation\n\t(1)\tIn this Part—\nofficial insignia means—\n\t(a)\tan official title (declared under section 26); or\n\t(b)\ta logo (declared under section 26); or\n\t(c)\ta combination of the above.\n\t(2)\tFor the purposes of this Part, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with—\n\t(a)\tthe goods; or\n\t(b)\tany covering or container in which the goods are wholly or partly enclosed; or\n\t(c)\tanything placed in or attached to any such covering or container; or\n\t(d)\tanything that is attached to the goods or around which the goods are wrapped or wound.\n26—Official titles and logos\n\t(1)\tSouth Australian Museum is declared to be an official title.\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare some other name under which the Board may conduct its operations or part of its operations to be an official title; or\n\t(b)\tdeclare a name or a title of an event or activity conducted or promoted by the Board to be an official title; or\n\t(c)\tdeclare a logo (being a design, the copyright of which is vested in the Crown in right of the State) to be a logo in respect of the Board or a particular event or activity conducted or promoted by the Board.\n\t(3)\tHowever, the Minister must not make a declaration under subsection (2) in relation to a name or title that is registered or otherwise protected under another Act unless the Minister is acting with the consent or agreement of the person who has the benefit of the registration or protection.\n\t(4)\tAn official title declared under this section is not required to be registered or otherwise protected under any other Act.\n\t(5)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n27—Unlawful use of official insignia\n\t(1)\tThe Board has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the Board, in the course of a trade or business—\n\t(a)\tuse a name in which the Board has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or\n\t(b)\tsell goods marked with official insignia; or\n\t(c)\tuse official insignia for the purpose of promoting the sale of goods or services.\nMaximum penalty: $20 000.\n\t(3)\tA person must not, without the consent of the Board, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $20 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the Board); and\n\t(b)\tmay be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and\n\t(c)\tmay be revoked by the Board for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the Board, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the Board, order the convicted person to pay compensation of an amount fixed by the court to the Board.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Board apart from those subsections.\n28—Seizure etc of goods marked with official insignia\n\t(1)\tIf—\n\t(a)\tgoods apparently intended for a commercial purpose are marked with official insignia; and\n\t(b)\tan authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Board,\nthe authorised officer may seize those goods.\n\t(2)\tIf goods have been seized under this section and—\n\t(a)\tproceedings are not instituted for an offence against section 27(2) in relation to the goods within 3 months of their seizure; or\n\t(b)\tafter proceedings have been instituted and completed, the defendant is not convicted,\nthe person from whom they were seized is entitled to recover—\n\t(c)\tthe goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and\n\t(d)\tcompensation for any loss suffered by reason of the seizure of the goods.\n\t(3)\tAn action for the payment of compensation under subsection (2) may be brought against the Board in any court of competent jurisdiction.\n\t(4)\tThe court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.\n\t(5)\tAny goods forfeited to the Crown must be disposed of in such manner as the Minister may direct and, if sold, the proceeds of the sale paid into the Consolidated Account.\nPart 6—Miscellaneous\n29—Gifts etc\n\t(1)\tThe Board may accept—\n\t(a)\tgrants, conveyances, transfers and leases of land from the Crown, an instrumentality of the Crown or any other person or body; and\n\t(b)\trights to the use, control, management or occupation of any land; and\n\t(c)\tgifts of personal property of any kind to be used or applied by it for the purposes of this Act.\n\t(2)\tDespite the Stamp Duties Act 1923, no stamp duty is payable on any instrument by which land or any interest in or right over land is granted or assured to or vested in the Board or on any contract or instrument executed by the Board for the purpose of disposing of any property.\n30—Ministerial delegation\n\t(1)\tThe Minister may delegate a function or power of the Minister under this Act (other than this power of delegation) to any person (including a person for the time being performing particular duties or holding or acting in a specified position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the Minister containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n31—Approvals by Treasurer\n\t(1)\tAn approval given by the Treasurer under this Act may be—\n\t(a)\tspecific or general; and\n\t(b)\tconditional or unconditional.\n\t(2)\tAn approval given by the Treasurer may be varied or revoked by the Treasurer at any time.\n32—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for the use, care and protection of the State collection and other objects, works, collections or property under the care or control of the Board; and\n\t(b)\tprovide for the admission, exclusion or expulsion of members of the public to or from the Museum or other premises of the Board or a part of the Museum or those premises; and\n\t(c)\tprohibit disorderly or offensive behaviour at the Museum or other premises of the Board; and\n\t(d)\tprohibit or regulate eating, drinking (including liquor), smoking or the consumption of unlawful substances at the Museum or other premises of the Board or a part of the Museum or those premises; and\n\t(e)\tprohibit or regulate any other conduct or activities for the purposes of—\n\t(i)\tmaintaining good order, and preventing interference with events or activities conducted, at the Museum or other premises of the Board; and\n\t(ii)\tprotecting property under the care or control of the Board; and\n\t(f)\tprohibit or regulate the driving, parking or standing of vehicles on premises of the Board; and\n\t(g)\tprescribe fees for the parking of vehicles on premises of the Board and provide for their payment and recovery; and\n\t(h)\tprovide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offence; and\n\t(i)\tprovide for the management (including disposal) by, and vesting in, the Board of unclaimed property; and\n\t(j)\tprovide for the approval by the Board or an authorised officer of any act or activity that would otherwise be prohibited under the regulations; and\n\t(k)\tprescribe penalties not exceeding $1 250 for breach of any regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Board or another prescribed person or authority.\n\t(4)\tIn proceedings for an offence against a regulation dealing with the driving, parking or standing of vehicles—\n\t(a)\tan allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and\n\t(b)\tif it is proved that a vehicle was parked in contravention of a regulation, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe South Australian Museum Act 1976 repealed the following:\nMuseum Act 1939\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1976\n21\nSouth Australian Museum Act 1976\n4.3.1976\n11.3.1976 (Gazette 11.3.1976 p1132)\n1978\n78\nSouth Australian Museum Act Amendment Act 1978\n16.11.1978\n16.11.1978\n1980\n48\nSouth Australian Museum Act Amendment Act 1980\n3.7.1980\n14.8.1980 (Gazette 14.8.1980 p528)\n1985\n35\nSouth Australian Museum Act Amendment Act 1985\n11.4.1985\n12.9.1985 (Gazette 12.9.1985 p796)\n1996\n34\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 33)—3.2.1997 (Gazette 19.12.1996 p1923)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 142 (ss 325 & 326)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n19\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010\n28.10.2010\nPt 10 (ss 83 & 84) & Sch 1 (Pt 9 cll 10 & 19)—12.5.2011 (Gazette 12.5.2011 p1460)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 2\ninserted by 19/2010 s 83\n12.5.2011\ns 3\namended by 48/1980 s 3\n14.8.1980\n\nomitted under Legislation Revision and Publication Act 2002\n\ns 4\nomitted under Legislation Revision and Publication Act 2002\n\ns 5 before deletion by 19/2010\n\n\nmeteorite\ninserted by 48/1980 s 4(a)\n14.8.1980\nprivate land\ninserted by 48/1980 s 4(b)\n14.8.1980\nthe State collection\namended by 48/1980 s 4(c)\n14.8.1980\ns 5\ndeleted by 19/2010 s 83\n12.5.2011\nPt 2 before substitution by 19/2010\n\n\ns 7\n\n\ns 7(1)\namended by 35/1985 s 3\n12.9.1985\ns 8\n\n\ns 8(1)\namended by 35/1985 s 4(a)\n12.9.1985\ns 8(3)\namended by 35/1985 s 4(b)\n12.9.1985\ns 8(5)\namended by 35/1985 s 4(c)\n12.9.1985\ns 9\n\n\ns 9(2)\ndeleted by 84/2009 s 325\n1.2.2010\ns 10\n\n\ns 10(2)\ndeleted by 35/1985 s 5\n12.9.1985\ns 13\n\n\ns 13(1)\namended by 48/1980 s 5\n14.8.1980\ns 14\nsubstituted by 84/2009 s 326\n1.2.2010\nPt 2\nsubstituted by 19/2010 s 84\n12.5.2011\nPt 2A\ninserted by 48/1980 s 6\n14.8.1980\n\ndeleted by 19/2010 s 84\n12.5.2011\nPt 3 before substitution by 19/2010 s 84\n\n\ns 17\n\n\ns 17(1a) and (1b)\ninserted by 48/1980 s 7(a)\n14.8.1980\ns 17(2)\nsubstituted by 48/1980 s 7(b)\n14.8.1980\nss 18 and 19\nsubstituted by 48/1980 s 8\n14.8.1980\ns 20\n\n\ns 20(2)\namended by 78/1978 s 2(a)\n16.11.1978\n\namended by 48/1980 s 9\n14.8.1980\n\namended by 34/1996 s 4 (Sch cl 33)\n3.2.1997\ns 20(3)\ninserted by 78/1978 s 2(b)\n16.11.1978\ns 20(4)\ninserted by 78/1978 s 2(b)\n16.11.1978\n\ndeleted by 34/1996 s 4 (Sch cl 33)\n3.2.1997\nPt 3\nsubstituted by 19/2010 s 84\n12.5.2011\nPts 4—6\ninserted by 19/2010 s 84\n12.5.2011\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions\n10—Membership of Museum Board\n\t(1)\tIn this clause—\nprincipal Act means the South Australian Museum Act 1976.\n\t(2)\tA member of the Museum Board (within the meaning of the principal Act) holding office immediately before the commencement of this clause, will, on that commencement, continue in office—\n\t(a)\tfor the balance of that term of office; and\n\t(b)\ton such other conditions as if the principal Act as amended by Part 10 of this Act had been in force when he or she was appointed or last re‑appointed a member of the Board and that appointment had been made under the principal Act as so amended.\n\t(3)\tA member continues in office by virtue of subclause (2) despite the fact that, for some or all of the duration of the balance of that term of office—\n\t(a)\t1 or more of the provisions of section 4 of the principal Act as amended by Part 10 of this Act (relating to the composition of the Board) may not be complied with; and\n\t(b)\tsection 5(2) of the principal Act as amended by Part 10 of this Act (prohibiting a person from serving as a member for more than 9 consecutive years) may not be complied with,\nand, in that case, those provisions will not apply for that duration.\n19—Authorised officers under South Australian Museum Regulations 2004\nA person appointed and holding office as an authorised officer under the South Australian Museum Regulations 2004 immediately before the commencement of this Division will be taken to be an authorised officer appointed under Part 3 of the South Australian Museum Act 1976 as inserted by Part 10 of this Act and subject to the same conditions and limitations (if any).\nHistorical versions\nReprint No 1—15.1.1992\n\nReprint No 2—3.2.1997\n\n1.2.2010\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1976 Act was a straightforward museum governance statute. However, the 1980 amendments added the unique meteorite property regime (Part 4), and the 2010 amendments significantly expanded the scope by adding: (1) detailed authorised officer powers with criminal enforcement (Part 3), (2) comprehensive brand protection and anti-counterfeiting provisions (Part 5), and (3) extensive commercial powers for the Board including joint ventures, share acquisitions, and broadcasting rights. The Act has evolved from simple administrative governance to a hybrid cultural heritage/commercial enforcement statute."},"complexity_factors":["Moderate length (32 sections plus legislative history) but well-organised into 6 clear Parts","14 defined terms in the interpretation section (section 2), with additional Part-specific definitions in sections 25 (official insignia) and 21 (meteorites)","Standard governance provisions (quorum calculations, casting votes, electronic meetings) that follow typical South Australian statutory corporation templates","Some conditional logic: Board powers in sections 13(2)(u) and (v) require Treasurer approval; authorised officer powers vary depending on whether they're police officers; meteorite offences have specific defences","Cross-references to other Acts (Public Finance and Audit Act 1987, Stamp Duties Act 1923) but these are standard administrative references","Nested exceptions in Part 4 (meteorites): general vesting of property, exception for pre-1981 registered meteorites, defences to possession offences, and evidentiary presumptions","Part 5 (official insignia) creates a self-contained intellectual property protection scheme with criminal penalties, civil injunctions, and compensation orders"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the legal framework for running the South Australian Museum. It establishes the **Museum Board** as a government body corporate (meaning it can act like a legal person—own property, sign contracts, sue and be sued) and gives it broad powers to manage the museum, its collections, and its staff.\n\n**Who it affects:**\n\n- **The Museum Board** – the governing body that runs the museum\n- **Museum staff** – public servants assigned to work there\n- **Visitors** – anyone entering museum premises (subject to rules about behaviour and authorised officers)\n- **Meteorite finders** – people who find space rocks in South Australia (the Board owns most meteorites found in the state)\n- **Businesses** – anyone wanting to use the museum's name, logos, or branding for commercial purposes\n- **Authorised officers** – appointed officials (including police) who can enforce rules at the museum\n\n**Key things the law covers:**\n\n- **Governance:** The Board has up to 8 members appointed by the Governor, with gender quotas (at least 2 women and 2 men) and at least one scientific expert. Members serve up to 3-year terms with a 9-year cap.\n- **Powers:** The Board can do almost anything a natural person can do—buy and sell property, borrow money, run events, sell food and alcohol, grant broadcasting rights, and even form companies or joint ventures (though some financial powers need Treasurer approval).\n- **Meteorites:** Uniquely, all meteorites found in South Australia automatically become property of the Board (with some grandfathering for pre-1981 finds). Finders must report discoveries, and unauthorised possession or sale is an offence.\n- **Branding protection:** The Board owns its official names and logos. Using them commercially without permission can result in fines up to $20,000, and goods can be seized.\n- **Enforcement:** Authorised officers can ask for your name and address, remove troublemakers, seize suspected counterfeit goods, and detain people for police. It's an offence to obstruct them or give false information.\n- **Financial oversight:** The Board must submit annual budgets to the Minister, keep proper accounts audited by the Auditor-General, and table annual reports in Parliament.\n\n**Why it matters:**\n\nThis law protects South Australia's scientific and cultural heritage—particularly its unique meteorite collection—while allowing the museum to operate commercially (cafes, events, sponsorships) to fund its work. It balances museum independence (the Minister can't dictate what's in the collection) with government accountability (budget oversight, annual reports)."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended several times, materially altering scope since 1976. Notable changes include insertion of meteorite provisions (1980) and a substantive reworking of governance, authorised officers, official insignia and miscellaneous Parts by amendments cited in the legislative history (notably 1980 and the 2010/2011 amendments). These changes expanded enforcement powers, clarified commercial and intellectual property rights, and added financial and administrative controls requiring Minister/Treasurer oversight."},"complexity_factors":["Governance and appointment rules with fixed member quotas and reappointment limits (affects continuity and composition).","Multiple delegation pathways (Board may delegate many powers; Minister may delegate Ministerial powers) requiring written instruments and allowing revocation.","Financial controls: Board must submit budgets to Minister, cannot spend outside approved budgets without consent, and needs Treasurer approval to hold shares or borrow (adds layered approvals).","Authorised officers have stop/remove/detention and seizure powers plus related offence provisions (creates compliance and enforcement risk).","Vesting and forfeiture regime for meteorites plus mandatory notification and limited defences (creates property rule and criminal penalties).","Broad regulation-making power enabling detailed rules (conduct, fees, parking, penalties) and presumptions in enforcement proceedings.","Cross‑agency obligations: accounting/audit directions from Treasurer and Auditor‑General and reliance on Public Service staffing arrangements."],"plain_english_summary":"This Act establishes the South Australian Museum Board as a corporate body of the State, sets how members are appointed and removed, and gives the Board powers to manage the Museum, its collections, staff, budget and commercial activities (admissions, sponsorship, trading and contracts). It also creates authorised officers with enforcement powers, vests meteorites found in the State in the Board, and protects official Museum titles and logos.\n\nWho pays and decides: the Board raises and spends money (may charge fees and accept gifts) but some financial steps need Minister or Treasurer approval; individuals must report found meteorites and may not use official insignia commercially without Board consent."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as no legislative text was provided. The submission contained only a 404 error page from the South Australian legislation website, with no substantive legal content to evaluate."},"complexity_factors":["No legislative text was retrievable — only a website error page was provided","Cannot assess complexity without access to the actual Act","The score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe link provided for the *South Australian Museum Act 1976* returned a **Page Not Found** error from the South Australian legislation website. This means the actual text of the law was not available for analysis — only a website error page was returned.\n\n**What this means for you:** No reliable analysis of the Act's content, effect, or scope can be provided based on this submission. To find the actual legislation, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for \"South Australian Museum Act 1976\"\n- Contacting the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Checking if the Act has been repealed, renamed, or consolidated into another piece of legislation"}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-museum-act-1976","history":"/api/acts/south-australian-museum-act-1976/history","analysis":"/api/acts/south-australian-museum-act-1976/analysis","conflicts":"/api/acts/south-australian-museum-act-1976/conflicts","importantCases":"/api/acts/south-australian-museum-act-1976/important-cases","documents":"/api/acts/south-australian-museum-act-1976/documents"}}