{"id":"victorian-arts-centre-act-1979","name":"Victorian Arts Centre Act 1979","slug":"victorian-arts-centre-act-1979","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174049,"registerId":"vic-victorian-arts-centre-act-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victorian Arts Centre Act 1979","content":"Version No. 037\n\n**Victorian Arts Centre Act 1979**\n\n**No. 9354 of 1979**\n\nVersion incorporating amendments as at  \n15 December 2017\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Short title and commencement 1\n\n2 Transitional provisions 1\n\n3 Definitions 3\n\n3A State collection 5\n\n3B Public art collection 5\n\n3C Filming Approval Act 2014 6\n\nPart 2—Victorian Arts Centre Trust 7\n\n4 Victorian Arts Centre Trust 7\n\n5 Functions of the Trust 7\n\n6 Powers of Trust 9\n\n7 Borrowing powers of the Trust 12\n\n8 Composition of Trust 14\n\n9 Vacancies 15\n\n10 President 16\n\n11 Quorum 17\n\n11A Resolutions without meetings 17\n\n11B Conflicts of interest 18\n\n12 Travelling expenses 19\n\n12A Membership of Trust not office of profit 19\n\n13 Trust first constituted 19\n\n13A Delegation 20\n\n14 Trust employees 21\n\n16 Victorian Arts Centre Fund 23\n\n17 Audits 23\n\nPart 3—Management of land 25\n\n17A Application 25\n\n17B Power to enter into leases 25\n\n17C Power to grant licences over land 26\n\nPart 4—General 27\n\n18 Sale, disposal or exchange of object in the State collection or the public art collection 27\n\n18A Trust may make by-laws 29\n\n19 Regulations 29\n\nPart 5—Changes to management of Arts Centre land 30\n\n20 Definitions 30\n\n21 Revocation of Crown grant 30\n\n22 Operation of this Part does not affect certain matters 31\n\n23 Divesting not to affect lease to Citipower 31\n\n24 Land to be managed by Trust and Council of Trustees of the National Gallery 32\n\n25 Registrar of Titles to make necessary amendments 32\n\nEndnotes 34\n\n1 General information 34\n\n2 Table of Amendments 36\n\n3 Amendments Not in Operation 39\n\n4 Explanatory details 40\n\n**Version No.** **037**\n\n**Victorian Arts Centre Act 1979**\n\n**No. 9354 of 1979**\n\nVersion incorporating amendments as at  \n15 December 2017\n\nAn Act to constitute the Victorian Arts Centre Trust, to make provision with respect to the Management and Operation of the Victorian Arts Centre and for the Use and Promotion of the Theatre Complex in the Centre and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nPt 1 (Heading) inserted by No. 34/2000 s. 3(a).\n\nPart 1—Preliminary\n\n\t1 Short title and commencement\n\n(1) This Act may be cited as the **Victorian Arts Centre Act 1979**.\n\n(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Transitional provisions\n\nOn the day upon which this Act comes into operation—\n\n(a) the Victorian Arts Centre Building Committee shall go out of office;\n\n(b) the Trust shall become and be the successor in law of the Victorian Arts Centre Building Committee;\n\n(c) the Trust shall have all the rights powers and duties conferred or imposed upon the Victorian Arts Centre Building Committee and shall be subject to all the liabilities responsibilities and obligations imposed upon or conferred by the said Committee before that day;\n\n(d) all property vested in the Victorian Arts Centre Building Committee shall be vested in the Trust;\n\n(e) every donation gift disposition and trust of property including money lawfully made or declared or deemed to have been made or declared whether before or after the commencement of this Act by deed will or otherwise to or in favour of the Victorian Arts Centre Building Committee or for the use or purposes thereof shall take effect as if the same had in respect of each particular item of property comprised in such donation gift disposition or trust been made or declared to or in favour of or for the use or purposes of the Trust;\n\n(f) any reference to the Victorian Arts Centre Building Committee in any other Act or any proclamation Order in Council regulation by‑law order legal or other proceeding instrument or document shall be deemed and taken to refer to the Trust;\n\n(g) all acts matters and things of a continuing nature made done or commenced by or on behalf of the Victorian Arts Centre Building Committee before that day which are of any force or effect or capable of acquiring any force or effect shall be deemed or taken to be made done or commenced by or in relation to or on behalf of the Trust and shall have effect and may be continued and completed by or on behalf of or in relation to the Trust accordingly;\n\nS. 2(h) amended by No. 5/1998  \ns. 3(Sch.  \nitem 3).\n\n(h) any amounts standing to the credit of the Victorian Arts Centre Building Committee Trust Fund shall be transferred to an account to be called the Victorian Arts Centre Trust Account.\n\nS. 2(i)  \nrepealed by No. 4/1995 s. 6(1).\n\n* * * * *\n\n\t3 Definitions\n\nIn this Act, unless inconsistent with the context or subject-matter—\n\nS. 3 def. of *Centre* substituted by No. 34/2000 s. 4(a), amended by No. 53/2017 s. 93(1).\n\n***Centre*** means—\n\n(a) the land shown as Parcel A on the plan numbered LEGL./00–04 lodged in the Central Plan Office; and\n\n(b) the land contained in Crown grant Volume 9205 Folio 760; and\n\n(c) the buildings and improvements erected on that land;\n\nS. 3 def. of *Chairman* inserted by No. 29/1994 s. 16, repealed by No. 34/2000 s. 4(c).\n\n* * * * *\n\nS. 3 def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 21.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3 def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 21.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3 def. of *National Gallery trustees* repealed by No. 34/2000 s. 4(c).\n\n* * * * *\n\nS. 3 def. of *performing arts material* inserted by No. 34/2000 s. 4(b).\n\n***performing arts material*** means any object having a connection with or containing information about the performing arts of music, opera, dance, theatre and circus and includes costumes and accessories, musical instruments, personal effects, stage properties, puppets, set and costume designs, set models, technical equipment, film, video, photographs, posters, programs, scrapbooks, sheet music and sound recordings;\n\n***the Trust*** means the Victorian Arts Centre Trust constituted by this Act;\n\n***Treasurer*** means the Treasurer of Victoria;\n\nS. 3 def. of *trustee* repealed by No. 34/2000 s. 4(c).\n\n* * * * *\n\nS. 3A  \ninserted by No. 34/2000 s. 5.\n\n\t3A State collection\n\nThe State collection comprises—\n\n(a) all performing arts material in the public performing arts museum vested in the Trust and accepted for the State collection by the Trust; and\n\n(b) all performing arts material acquired and accepted for the State collection by the Trust; and\n\n(c) all donations, gifts, dispositions and trusts of property, real or personal, other than money, lawfully made or declared whether before or after the commencement of the **Arts Legislation (Amendment) Act 2000** by deed, will or otherwise to or in favour of the Trust or for the uses or purposes of the Trust and accepted for the State collection by the Trust.\n\nS. 3B inserted by No. 66/2001 s. 4.\n\n\t3B Public art collection\n\nThe public art collection comprises all artworks, including paintings, works on paper, sculptures and textiles, of cultural, social or historical significance that are—\n\n(a) vested in the Trust and accepted for the public art collection by the Trust; or\n\n(b) acquired and accepted for the public art collection by the Trust; or\n\n(c) given or bequeathed to the Trust or held on trust by the Trust, whether before or after the commencement of the **Victorian Arts Centre (Amendment) Act 2001**, by deed, will or otherwise to or in favour of the Trust or for the uses or purposes of the Trust, and accepted for the public art collection by the Trust.\n\nS. 3C inserted by No. 51/2014 s. 9(Sch. 2 item 21.2).\n\n\t3C Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\nPt 2  \n(Heading) inserted by No. 34/2000 s. 3(b).\n\nPart 2—Victorian Arts Centre Trust\n\n\t4 Victorian Arts Centre Trust\n\n(1) There shall be established a body corporate by the name of the Victorian Arts Centre Trust which shall have perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing holding demising selling transferring conveying mortgaging or otherwise disposing of real and personal property for the purposes of and subject to this Act and of being and suffering all acts matters and things which bodies corporate may by law do and suffer.\n\n(2) Subject to the general direction and control of the Minister the Trust shall be responsible for the management of the Centre.\n\nS. 5  \namended by Nos 29/1994 s. 17(a)(b), 4/1995 s. 4, substituted by No. 34/2000 s. 6.\n\n\t5 Functions of the Trust\n\n(1) The functions of the Trust are—\n\n(a) to control, manage, operate, promote, develop and maintain the Centre; and\n\n(b) to present and produce theatrical performances, operas, plays, dramas, ballets and musical and other performances and entertainment of any kind at any place; and\n\n(c) to promote the use of the theatres, concert hall and other places of assembly by suitable persons and bodies; and\n\n(d) to provide leadership in the promotion and development of the performing arts; and\n\n(e) to ensure the maintenance, conservation, development and promotion of the State collection of performing arts material; and\n\n(f) to oversee the exhibition of performing arts material from the State collection and make any performing arts material from the State collection available on loan to persons or institutions; and\n\nS. 5(1)(fa) inserted by No. 66/2001 s. 5.\n\n(fa) to establish, maintain, conserve, develop, promote and exhibit the public art collection; and\n\nS. 5(1)(fb) inserted by No. 66/2001 s. 5.\n\n(fb) to make any object from the public art collection available for study or loan to persons or institutions, subject to any conditions that the Trust determines; and\n\n(g) to carry on, whether within or outside Victoria, whether alone or in association with any other person or persons and whether or not in relation to the Centre, a business of providing ticketing, inventory management of admissions, marketing and related services; and\n\n(h) to perform any other functions appropriate to the Centre as the Minister may approve; and\n\n(i) to carry out any other function conferred on the Trust under this Act.\n\n(2) In carrying out its functions, the Trust must endeavour to contribute to the enrichment of the cultural, educational, social and economic life of the people of Victoria.\n\n\t6 Powers of Trust\n\n(1) The Trust has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.\n\n(2) Without limiting the generality of subsection (1) the powers of the Trust include power—\n\n(a) to purchase or take or hire or to accept on deposit or loan any personal property for use in or in connexion with the Centre;\n\nS. 6(2)(b) substituted by No. 34/2000 s. 7(1)(a).\n\n(b) subject to Part 3, to grant leases of or licences to use any part of the Centre;\n\nS. 6(2)(ba) inserted by No. 34/2000 s. 7(1)(a).\n\n(ba) to grant leases of or licences to use any other land of the Trust;\n\n(c) to carry on in the Centre or to enter into contracts or arrangements with any person to carry on any business which in the opinion of the Trust will improve the facilities and amenities of the Centre.\n\nS. 6(2)(ca) inserted by No. 77/1988 s. 3, substituted by No. 4/1995 s. 5,  \namended by No. 34/2000 s. 7(1)(b).\n\n(ca) to be a member of a body corporate, association, partnership, trust or other body;\n\nS. 6(2)(cb) inserted by No. 4/1995 s. 5,  \namended by No. 34/2000 s. 7(1)(b).\n\n(cb) to form, or participate in the formation of, a body corporate, association, partnership, trust or other body;\n\nS. 6(2)(cc) inserted by No. 4/1995 s. 5,  \namended by No. 34/2000 s. 7(1)(b).\n\n(cc) to enter into a joint venture with another person or other persons;\n\nS. 6(2)(cd) inserted by No. 4/1995 s. 5.\n\n(cd) to do all things necessary or convenient to be done for, or in connection with, a joint venture in the performance of the functions of the Trust;\n\n(d) to acquire and install any equipment or apparatus which in the opinion of the Trust improves the facilities of the Centre;\n\nS. 6(2)(e) amended by Nos 97/1987 s. 181(17), 34/2000 s. 7(1)(c).\n\n(e) to apply for and hold any licence or permit under the **Liquor Control Reform Act 1998** or any other Act;\n\n(f) to register, purchase or apply for or otherwise acquire either wholly or in part any invention, copyright, trade-mark or other mark or design, patent, patent rights and privileges, licences, concessions or other like rights which in the opinion of the Trust will be of assistance to the Trust in carrying out its functions and to sell, dispose of, use, exercise and develop such rights or inventions or to grant licences or privileges in respect thereof;\n\nS. 6(2)(g) substituted by No. 34/2000 s. 7(1)(d).\n\n(g) to enter into any contracts, agreements or arrangements with—\n\n(i) the Council of Trustees of the National Gallery of Victoria constituted under the **National Gallery of Victoria Act 1966**; or\n\n(ii) any other person or body, whether corporate or unincorporate—\n\nfor the purpose of carrying out its functions under this Act, including the provision of services by the Trust or the hire of any plant or equipment of the Trust;\n\n(h) to install, use, work and maintain film cameras and projectors and broadcasting and television apparatus, and to grant the right of installing, using, working and maintaining the same within the areas under its control upon such terms and conditions and subject to the payment of such charges as may be determined by the Trust;\n\n(i) to print or reproduce in any manner or form and to publish or to arrange for the printing or reproduction or publishing of plays, music, programmes, posters and advertisements and such other material as the Trust may deem expedient and to acquire the copyright therein;\n\n(j) to commission plays, compositions, musicals, ballets, operas or other works;\n\n(k) to purchase and operate or let on hire theatre, cinema or other equipment;\n\nS. 6(2)(l) amended by No. 34/2000 s. 7(1)(e).\n\n(l) to establish and operate a public performing arts museum;\n\nS. 6(2)(la) inserted by No. 66/2001 s. 6.\n\n(la) to establish and operate a public art gallery;\n\n(m) to take on lease any land which in the opinion of the Trust is required to facilitate the carrying out of its functions under this Act;\n\n(n) to accept appointment as a committee of management of Crown lands;\n\n(o) to solicit and accept and to hold and administer gifts, bequests or devises of money, securities or other property of whatsoever character for the purposes of carrying out its functions, and with the approval of the Treasurer to sell or exchange or invest or re-invest such moneys, securities or other property in such investments as the Treasurer may from time to time determine; and\n\n(p) to do all things necessary or convenient to be done in connexion with, or as incidental to, the performance of its objects.\n\nS. 6(3) repealed by No. 34/2000 s. 7(2).\n\n* * * * *\n\n\t7 Borrowing powers of the Trust\n\n(1) The Trust may with the approval of the Treasurer and subject to such terms, conditions and limits as the Treasurer imposes—\n\nS. 7(1)(a) amended by No. 11/2001 s. 3(Sch. item 87.1).\n\n(a) borrow moneys from any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth by way of overdraft; and\n\n(b) obtain temporary financial accommodation secured or arranged in such manner and for such period as the Treasurer in each particular case approves.\n\n(2) The Trust may borrow money from any institution person or body approved by the Treasurer on such terms and conditions as are approved by the Treasurer from time to time and give to any such institution person or body security for money so borrowed in such form as the Treasurer approves in each particular case.\n\n(3) The Treasurer with the approval of the Governor in Council may execute in favour of any institution person or body lending money to the Trust a guarantee for the repayment thereof and may in addition guarantee the payment of any interest charges and expenses chargeable by the creditor against the Trust and the expenses of enforcing or obtaining or endeavouring to enforce or obtain payment of the debt guaranteed and those interest charges and expenses.\n\nS. 7(3A) inserted by No. 9741 s. 2.\n\n(3A) Where the Trust obtains temporary financial accommodation under this section without a guarantee being executed under subsection (3) in favour of the institution person or body lending the money the due repayment or satisfaction of the moneys borrowed and the due payment of any interest or other charges payable thereon is hereby guaranteed by the Government of Victoria.\n\n(4) Any sums required by the Treasurer of Victoria in fulfilling any guarantee given by this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the said Treasurer from the Trust or otherwise in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund.\n\n(5) Before a guarantee is given by the Treasurer under this section the Trust shall give to the Treasurer such securities as the Treasurer requires and shall execute all such instruments as are necessary for that purpose.\n\n(6) The Trust shall apply and use all moneys borrowed under the power conferred by this section for the purposes of carrying this Act into effect.\n\n\t8 Composition of Trust\n\n(1) The Trust shall consist of nine members appointed by the Governor in Council, of whom—\n\nS. 8(1)(a) substituted by No. 29/1994 s. 18(1)(a).\n\n(a) one shall be a person representing the interests of the arts training industry;\n\nS. 8(1)(b) repealed by No. 29/1994 s. 18(1)(a).\n\n* * * * *\n\n(c) one shall be a person resident more than 40 kilometres from the Melbourne General Post Office who is actively associated with the promotion of the arts outside the metropolitan area; and\n\nS. 8(1)(d) amended by No. 29/1994 s. 18(1)(b).\n\n(d) 7 shall be appointed to represent the interests of the public generally in the carrying out of the functions of the Trust.\n\nS. 8(2) substituted by No. 9600 s. 3(1), amended by Nos 29/1994 s. 18(2), 34/2000 s. 8(1).\n\n(2) Subject to this Act, a member of the Trust shall hold office for such term (not exceeding three years) as is specified in the instrument by which he or she is appointed and shall, subject to subsections (2A) and (3), be eligible for re‑appointment.\n\nS. 8(2A) inserted by No. 29/1994 s. 18(3).\n\n(2A) A person who has been a member of the Trust for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—\n\nS. 8(2A)(a) amended by No. 34/2000 s. 8(2).\n\n(a) the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or\n\n(b) a period of 3 years or more has elapsed since the person last was a member of the Trust.\n\nS. 8(3) repealed by No. 42/1995  \ns. 224(Sch. 2 item 44).\n\n* * * * *\n\nS. 8(4) repealed by No. 34/2000 s. 8(3).\n\n* * * * *\n\n\t9 Vacancies\n\n(1) The office of any member of the Trust shall become vacant—\n\nS. 9(1)(a) amended by No. 34/2000 s. 9(1)(a).\n\n(a) at the expiration of his or her term of office;\n\nS. 9(1)(b) amended by No. 34/2000 s. 9(1)(b).\n\n(b) if the member dies;\n\nS. 9(1)(c) amended by No. 34/2000 s. 9(1)(c).\n\n(c) if he or she is incapable of continuing as a member;\n\nS. 9(1)(d) amended by No. 34/2000 s. 9(1)(d)(i)(ii).\n\n(d) if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her estate for the benefit of his or her creditors;\n\nS. 9(1)(e) amended by No. 34/2000 s. 9(1)(e)(i)(ii).\n\n(e) if the member resigns by writing under his or her hand addressed to the Governor in Council;\n\nS. 9(1)(f) amended by No. 34/2000 s. 9(1)(f)(i)(ii).\n\n(f) if without leave granted by the President the member fails to attend four successive meetings of the Trust;\n\nS. 9(1)(g) amended by No. 34/2000 s. 9(1)(g).\n\n(g) if the member is removed from office by the Governor in Council.\n\nS. 9(2) amended by No. 34/2000 s. 9(2).\n\n(2) Where any leave granted to a member by the President exceeds three consecutive meetings the Trust shall notify the Minister of the granting of the leave.\n\nS. 9(3)(4) repealed by No. 29/1994 s. 19.\n\n* * * * *\n\n\t10 President\n\nS. 10(1) amended by No. 34/2000 s. 10(1).\n\n(1) When appointing the members of the Trust the Governor in Council shall appoint one of the members to be the President of the Trust and may fill any vacancy in the office of President.\n\nS. 10(2) amended by No. 34/2000 s. 10(2)(a)(b).\n\n(2) The President shall hold office as such for the term of his or her appointment as a member and shall be eligible for re-appointment as President.\n\nS. 10(3) amended by No. 34/2000 s. 10(3)(a)(b).\n\n(3) If the member of the Trust holding the office of President ceases to be a member of the Trust he or she shall cease also to be President of the Trust.\n\nS. 10(4) repealed by No. 34/2000 s. 10(4).\n\n* * * * *\n\nS. 10(5) amended by No. 34/2000 s. 10(5)(a)–(c).\n\n(5) The President shall preside at all meetings of the Trust at which he or she is present.\n\nS. 10(6) substituted by No. 34/2000 s. 10(6).\n\n(6) In the absence of the President, a member of the Trust who is chosen by the members present to be chairperson of the meeting shall preside.\n\nS. 10(7) amended by No. 34/2000 s. 10(7).\n\n(7) In the case of an equality of votes at any meeting of the Trust the person presiding at the meeting shall have a second or casting vote.\n\n(8) Subject to this Act and the regulations the Trust may regulate its own procedure.\n\n\t11 Quorum\n\nA quorum of the Trust shall consist of a majority in number of the members of the Trust for the time being and at any meeting of the Trust at which a quorum is present the members present shall have full power to act.\n\nS. 11A inserted by No. 34/2000 s. 11.\n\n\t11A Resolutions without meetings\n\n(1) If—\n\n(a) the Trust has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and\n\n(b) a majority of the members for the time being sign and date a document containing a statement that they are in favour of the resolution in the terms set out in the document—\n\na resolution in those terms is deemed to have been passed at a meeting of the Trust held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.\n\n(2) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed and dated by one or more members, are deemed to constitute one document.\n\n(3) If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Trust, each member must as soon as practicable be advised of the matter and given a copy of the resolution.\n\n(4) The majority of members referred to in subsection (1)(b) must not include a member who, because of section 11B, is not entitled to vote on the resolution.\n\nS. 11B inserted by No. 34/2000 s. 11.\n\n\t11B Conflicts of interest\n\n(1) If—\n\n(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Trust; and\n\n(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—\n\nthe member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Trust or, in the case of a proposed resolution notice of which is given under section 11A(1)(a), to the President.\n\n(2) The Trust or the President must cause the declaration to be tabled at the next meeting of the Trust and the person presiding at that meeting must cause the declaration to be recorded in the minutes of the meeting.\n\n(3) A member who has a conflict of interest in a matter—\n\n(a) must not be present during any deliberations on the matter, unless the Trust directs otherwise; and\n\n(b) is not entitled to vote on the matter.\n\n(4) If a member votes on a matter in contravention of subsection (3)(b), the vote must be disallowed.\n\n(5) A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction, under subsection (3)(a).\n\nS. 12 amended by Nos 29/1994 s. 20, 34/2000 s. 12.\n\n\t12 Travelling expenses\n\nEach member of the Trust shall be entitled to receive such travelling expenses and fees that are fixed for that member from time to time by the Governor in Council.\n\nS. 12A inserted by No. 29/1994 s. 21.\n\n\t12A Membership of Trust not office of profit\n\nA member of the Trust shall not be taken by reason of being a member to hold an office or place of profit under the Crown which would—\n\n(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or\n\n(b) make void the member's election to the Legislative Council or Legislative Assembly; or\n\n(c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or\n\n(d) subject the member to liability to a penalty under the **Constitution Act 1975**.\n\n\t13 Trust first constituted\n\n(1) The first meeting of the Trust shall be held at such time and place as is fixed by the Chairman.\n\n(2) The Trust shall be deemed to have been duly constituted on the day on which this Act comes into operation.\n\n(3) For the purposes of this Act the Trust may from time to time—\n\nS. 13(3)(aa) inserted by No. 34/2000 s. 13(a).\n\n(aa) establish any sub-committees it considers necessary and define the constitution and functions of each sub-committee so established;\n\nS. 13(3)(a) amended by No. 29/1994 s. 22.\n\n(a) appoint any two or more of its members and any other person or persons with specialist expertise to be a sub-committee of the Trust;\n\nS. 13(3)(b) substituted by No. 34/2000 s. 13(b).\n\n(b) determine the procedure of each sub-committee;\n\nS. 13(3)(ba) inserted by No. 34/2000 s. 13(b).\n\n(ba) change the constitution or functions of a sub-committee;\n\n(c) impose any limitations or restrictions it thinks fit upon any such sub-committee;\n\nS. 13(3)(d) inserted by No. 34/2000 s. 13(c).\n\n(d) dissolve a sub-committee.\n\n(4) The Trust shall meet at least four times in each calendar year.\n\nS. 13A inserted by No. 34/2000 s. 14.\n\n\t13A Delegation\n\n(1) The Trust may, by instrument under its common seal, delegate any of its functions or powers (except this power of delegation or the power to make by-laws) to—\n\n(a) the members constituting a sub-committee of the Trust; or\n\n(b) a member of the Trust; or\n\n(c) the chief executive officer of the Trust; or\n\n(d) an employee of the Trust.\n\n(2) A delegation under subsection (1) may be made to a specified person or class of persons referred to in that subsection.\n\n\t14 Trust employees\n\nS. 14(1) substituted by No. 29/1994 s. 23(1).\n\n(1) The Trust may employ—\n\nS. 14(1)(a) amended by No. 34/2000 s. 15(1)(a).\n\n(a) with the approval of the Minister, a chief executive officer; and\n\nS. 14(1)(b) repealed by No. 34/2000 s. 15(1)(b).\n\n* * * * *\n\n(c) any other persons that are necessary for the purposes of this Act.\n\nS. 14(1A) inserted by No. 29/1994 s. 23(1), substituted by No. 34/2000 s. 15(2).\n\n(1A) Subject to the general direction and control of the Trust, the chief executive officer shall have the control and management of the day to day affairs of the Trust.\n\nS. 14(1B) inserted by No. 34/2000 s. 15(2).\n\n(1B) The chief executive officer shall be appointed by the Trust, with the approval of the Minister, for the term, not exceeding 5 years, that is specified in the instrument of appointment but is eligible for re-appointment.\n\nS. 14(1C) inserted by No. 34/2000 s. 15(2).\n\n(1C) The chief executive officer holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.\n\nS. 14(1D) inserted by No. 34/2000 s. 15(2).\n\n(1D) The Trust must not remove the chief executive officer from office except with the approval of the Minister.\n\nS. 14(2) amended by No. 29/1994 s. 23(2).\n\n(2) The Trust may from time to time enter into contracts for the services of any person with special qualifications on a part-time basis or for a limited period.\n\nS. 14(3) amended by No. 29/1994 s. 23(3).\n\n(3) Persons employed by the Trust shall be employed on such conditions as the Trust from time to time determines and shall be paid—\n\nS. 14(3)(a) amended by No. 29/1994 s. 23(3).\n\n(a) such remuneration as is fixed from time to time by the Trust; and\n\nS. 14(3)(b) amended by No. 29/1994 s. 23(3).\n\n(b) such travelling and other allowances as are fixed from time to time by the Trust.\n\nS. 14(4) amended by Nos 46/1998  \ns. 7(Sch. 1), 34/2000 s. 15(3), 108/2004 s. 117(1) (Sch. 3 item 218).\n\n(4) A person employed by the Trust is not, in respect of his or her employment as such an employee, subject to the provisions of the **Public Administration Act 2004**.\n\nS. 14(5) inserted by No. 34/2000 s. 15(4).\n\n(5) The person holding office as general manager immediately before the commencement of section 15 of the **Arts Legislation (Amendment) Act 2000** continues to hold office as the chief executive officer for the remainder of the term for which the person was appointed as general manager.\n\nS. 15 amended by No. 50/1988 s. 93(2)(Sch. 2 Pt 2 item 66), repealed by No. 29/1994 s. 24.\n\n* * * * *\n\n\t16 Victorian Arts Centre Fund\n\nS. 16(1) substituted by No. 47/1987 s. 3(a), amended by No. 29/1994 s. 25.\n\n(1) The Trust must establish and keep a fund to be known as the Victorian Arts Centre Fund.\n\nS. 16(2) amended by No. 47/1987 s. 3(b).\n\n(2) All moneys received by the Trust shall be paid into the Fund.\n\nS. 16(2A) inserted by No. 47/1987 s. 3(c), amended by No. 11/2001 s. 3(Sch. item 87.2).\n\n(2A) The Trust must cause the money in the Fund to be paid into an account or accounts in any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth approved for the purpose by the Treasurer.\n\nS. 16(3) amended by Nos 47/1987 s. 3(d), 104/1995  \ns. 6(Sch. 1 item 28(a)(b)).\n\n(3) All moneys standing to the credit of the Trust in the Fund which are not for the time being required for the purposes of this Act may be invested in such manner as the Treasurer approves.\n\nS. 16(4) amended by No. 47/1987 s. 3(e).\n\n(4) All income from the investments of the Trust shall be paid into the Fund.\n\nS. 16(5) amended by No. 47/1987 s. 3(e).\n\n(5) Moneys standing to the credit of the Trust in the Fund shall be applied by the Trust for or towards the costs and expenses of or incidental to the performance of its functions and the exercise of its powers under this Act.\n\n\t17 Audits\n\nS. 17(1)–(5) repealed by No. 31/1994 s. 4(Sch. 2 item 99).\n\n* * * * *\n\n(6) The Trust may engage public auditors to carry out intermediate inspections or audits as may be required.\n\nPt 3  \n(Heading and ss 17A–17C)  \ninserted by No. 34/2000 s. 16.\n\nPart 3—Management of land\n\nS. 17A  \ninserted by No. 34/2000 s. 16.\n\n\t17A Application\n\nThis Part has effect despite anything to the contrary in the **Land Act 1958** and the **Crown Land (Reserves) Act 1978**.\n\nS. 17B  \ninserted by No. 34/2000 s. 16.\n\n\t17B Power to enter into leases\n\n(1) The Trust may grant a lease of the Centre or any part of the Centre for any purpose not inconsistent with the reservation of that land.\n\n(2) A lease granted under this section may be for a term not exceeding 30 years.\n\n(3) A lease granted under this section—\n\n(a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 30 years; and\n\n(b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and\n\n(c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Trust.\n\nS. 17C  \ninserted by No. 34/2000 s. 16.\n\n\t17C Power to grant licences over land\n\n(1) The Trust may grant a licence to enter and use any part of the Centre for any purpose not inconsistent with the reservation of that land.\n\n(2) A licence granted under this section—\n\n(a) may be for a period not exceeding 7 years; and\n\n(b) is subject to the terms and conditions determined by the Trust.\n\nS. 18  \nrepealed by No. 31/1994 s. 4(Sch. 2 item 99).\n\n* * * * *\n\nPt 4  \n(Heading) inserted by No. 34/2000 s. 3(c).\n\nPart 4—General\n\nNew s. 18  \ninserted by No. 34/2000 s. 17.\n\n\t18 Sale, disposal or exchange of object in the State collection or the public art collection\n\nS. 18(1) amended by No. 66/2001 s. 7(a).\n\n(1) The Trust must not sell or dispose of an object that is part of the State collection or the public art collection unless—\n\n(a) the Trust has resolved that retention of that object, or objects of that class, is unnecessary and inappropriate to the activities of the Trust; and\n\n(b) the Trust has caused to be published and displayed in accordance with subsection (2) a notice containing—\n\n(i) a description of the object or class of objects; and\n\n(ii) a statement that the Trust intends to sell or dispose of that object or an object or objects in that class of objects; and\n\n(iii) a statement that any person may object in writing to the proposed sale or disposal within 6 months after the date of publication or display; and\n\n(c) either—\n\n(i) no objection was received within that period; or\n\n(ii) if an objection was so received, the Minister, or a delegate of the Minister, has decided in accordance with this section that the sale or disposal should proceed.\n\n(2) A notice under subsection (1)(b)—\n\n(a) must be published not less than 6 months before the proposed sale or disposal in a newspaper circulating generally in Victoria; and\n\nS. 18(2)(b) amended by No. 66/2001 s. 7(b).\n\n(b) must be displayed on the premises where the State collection or the public art collection, as the case may be, is exhibited in a prominent position accessible to the public for a period of not less than 6 months before the proposed sale or disposal.\n\n(3) A person may object to the proposed sale or disposal of an object or class of objects under this section by notice in writing given to the Trust within 6 months after—\n\n(a) the date of publication of a notice under subsection (2)(a); or\n\n(b) the date of first display of a notice under subsection (2)(b).\n\n(4) If the Trust receives an objection under subsection (3) and wishes to proceed with the sale or disposal despite the objection, the Trust must refer the objection to the Minister.\n\n(5) The Minister must—\n\n(a) decide whether or not the object or class of objects should be sold or disposed of; and\n\n(b) cause the Trust and every objector to be notified of the Minister's decision.\n\n(6) The Minister may, by instrument, delegate to a panel of persons selected by the Minister the power of the Minister under subsection (5)(a).\n\nS. 18(7) amended by No. 66/2001 s. 7(c).\n\n(7) The Trust may exchange with a body which has objects or functions similar to those of the Trust any duplicate material that is part of the State collection or the public art collection, as the case may be.\n\nS. 18A inserted by No. 29/1994 s. 26.\n\n\t18A Trust may make by-laws\n\nThe Trust may make by-laws not inconsistent with the regulations for or with respect to—\n\nS. 18A(a) amended by No. 34/2000 s. 18.\n\n(a) regulating or prohibiting admission to or removal of persons from the Centre; and\n\n(b) the care, protection and management of the Centre; and\n\n(c) the preservation of good order and decency in the Centre.\n\nS. 19 amended by No. 51/2014 s. 9(Sch. 2 item 21.3)  \n(ILA s. 39B(1)).\n\n\t19 Regulations\n\n(1) The Governor in Council may make regulations not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed for carrying out or giving effect to this Act.\n\nS. 19(2) inserted by No. 51/2014 s. 9(Sch. 2 item 21.3).\n\n(2) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nPt 5  \n(Heading and ss 20–25) inserted by No. 34/2000 s. 19.\n\nPart 5—Changes to management of Arts Centre land\n\nS. 20  \ninserted by No. 34/2000 s. 19.\n\n\t20 Definitions\n\nIn this Part—\n\n***Arts Centre land*** means the land in the City of Melbourne, Parish of Melbourne South, County of Bourke, being an area of 8 acres, 0 roods, 2 perches permanently reserved as a site for a National Art Gallery and Cultural Centre by Order in Council dated 7 May 1957 and published in the Government Gazette dated 15 May 1957 at page 1593, less—\n\n(a) the excision authorised by the **Melbourne (St. Kilda Road Underpass) Lands Act 1969**; and\n\n(b) any other authorised excisions;\n\nS. 20 def. of *lodged plan* amended by No. 53/2017 s. 93(2).\n\n***lodged plan*** means the plan numbered  \nLEGL./00–04 lodged in the Central Plan Office.\n\nS. 21  \ninserted by No. 34/2000 s. 19.\n\n\t21 Revocation of Crown grant\n\n(1) On the commencement of section 19 of the **Arts Legislation (Amendment) Act 2000**—\n\n(a) Crown grant Volume 8141 Folio 100 is revoked;\n\n(b) subject to sections 22, 23 and 24, the Arts Centre land—\n\n(i) is divested from the Trust; and\n\n(ii) reverts to the Crown; and\n\n(iii) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.\n\n(2) This section has effect despite anything to the contrary in any Act, law or instrument.\n\nS. 22  \ninserted by No. 34/2000 s. 19.\n\n\t22 Operation of this Part does not affect certain matters\n\nNothing in this Part affects the status or continuity of—\n\n(a) the permanent reservation of the Arts Centre land by the Order in Council dated 7 May 1957 and published in the Government Gazette dated 15 May 1957 at page 1593;\n\n(b) the perpetual licence dated 12 February 1985 (as amended from time to time) granted to the Trust under section 6(1) of the **Melbourne (Snowden Gardens) Land Act 1975**;\n\n(c) the proclamation dated 3 February 1987 made under section 5 of the **Melbourne (St. Kilda Road Underpass) Lands Act 1969** and published in the Government Gazette dated 11 February 1987 at page 291 and the maintenance and use, in accordance with that proclamation, of the land shown hatched on the plan in that proclamation.\n\nS. 23  \ninserted by No. 34/2000 s. 19.\n\n\t23 Divesting not to affect lease to Citipower\n\n(1) Nothing in this Part—\n\n(a) affects the status or continuity of any lease relating to the Arts Centre land or any part (including a stratum) of that land between the Trust and Citipower Pty (ACN 064 651 056) existing immediately before the commencement of this Part; or\n\n(b) prevents the entry into a new lease for a further term in accordance with the lease referred to in paragraph (a); or\n\n(c) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of the lease referred to in paragraph (a), including any provision regulating the termination of the lease.\n\n(2) In this section, ***lease*** includes an interest in the nature of a lease.\n\nS. 24  \ninserted by No. 34/2000 s. 19.\n\n\t24 Land to be managed by Trust and Council of Trustees of the National Gallery\n\nOn the commencement of  section 19 of the **Arts Legislation (Amendment) Act 2000**—\n\n(a) the control and management of the land shown as Parcel A on the lodged plan is vested in the Trust; and\n\n(b) the control and management of the land shown as Parcel B on the lodged plan is vested in the Council of Trustees of the National Gallery of Victoria constituted under the **National Gallery of Victoria Act 1966**.\n\nS. 25  \ninserted by No. 34/2000 s. 19.\n\n\t25 Registrar of Titles to make necessary amendments\n\nThe Registrar of Titles must make any recordings in or amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nSch. (Pt 1) repealed by No. 4/1995 s. 6(2).\n\n* * * * *\n\nSch. (Pt 2) repealed by No. 9863 s. 2.\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Victorian Arts Centre Act 1979** was assented to on 20 December 1979 and came into operation on 13 March 1980: Government Gazette 5 March 1980 page 707.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Victorian Arts Centre Act 1979** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**National Gallery of Victoria and the Victorian Arts Centre (Terms of Appointment of Members) Act 1981, No. 9600/1981**\n\n| Assent Date: | 24.11.81 |\n| --- | --- |\n| Commencement Date: | 24.11.81 |\n| Current State: | All of Act in operation |\n\n\n**Victorian Arts Centre (Guarantees) Act 1982, No. 9741/1982**\n\n| Assent Date: | 6.7.82 |\n| --- | --- |\n| Commencement Date: | 6.7.82 |\n| Current State: | All of Act in operation |\n\n\n**Statute Law Revision (Repeals) Act 1982, No. 9863/1982**\n\n| Assent Date: | 5.1.83 |\n| --- | --- |\n| Commencement Date: | 5.1.83 |\n| Current State: | All of Act in operation |\n\n\n**Victorian Arts Centre (Amendment) Act 1987, No. 47/1987**\n\n| Assent Date: | 25.8.87 |\n| --- | --- |\n| Commencement Date: | 22.9.87: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Liquor Control Act 1987, No. 97/1987**\n\n| Assent Date: | 1.12.87 |\n| --- | --- |\n| Commencement Date: | S. 181(17) on 3.5.88: Government Gazette 27.4.88<br>p. 1044 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Arts Centre Act 1979** |\n\n\n**State Superannuation Act 1988, No. 50/1988**\n\n| Assent Date: | 24.5.88 |\n| --- | --- |\n| Commencement Date: | S. 93(2)(Sch. 2 Pt 2 item 66) on 1.7.88: Government Gazette 1.6.88 p. 1487 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Arts Centre Act 1979** |\n\n\n**Victorian Arts Centre (Amendment) Act 1988, No. 77/1988**\n\n| Assent Date: | 15.12.88 |\n| --- | --- |\n| Commencement Date: | 15.12.88 |\n| Current State: | All of Act in operation |\n\n\n**Arts Institutions (Amendment) Act 1994, No. 29/1994**\n\n| Assent Date: | 31.5.94 |\n| --- | --- |\n| Commencement Date: | 31.5.94 |\n| Current State: | All of Act in operation |\n\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| --- | --- |\n| Commencement Date: | S. 4(Sch. 2 item 99) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Arts Centre Act 1979** |\n\n\n**Victorian Arts Centre (Amendment) Act 1995, No. 4/1995**\n\n| Assent Date: | 15.3.95 |\n| --- | --- |\n| Commencement Date: | 15.3.95 |\n| Current State: | All of Act in operation |\n\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| --- | --- |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 44 on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Arts Centre Act 1979** |\n\n\n**Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995**\n\n| Assent Date: | 5.12.95 |\n| --- | --- |\n| Commencement Date: | 1.1.96: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Arts Acts (Statute Law Revision) Act 1998, No. 5/1998**\n\n| Assent Date: | 21.4.98 |\n| --- | --- |\n| Commencement Date: | 21.4.98 |\n| Current State: | All of Act in operation |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Victorian Arts Centre Act 1979** |\n\n\n**Arts Legislation (Amendment) Act 2000, No. 34/2000**\n\n| Assent Date: | 6.6.00 |\n| --- | --- |\n| Commencement Date: | 1.7.00: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 87) on 1.6.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Victorian Arts Centre Act 1979** |\n\n\n**Victorian Arts Centre (Amendment) Act 2001, No. 66/2001**\n\n| Assent Date: | 23.10.01 |\n| --- | --- |\n| Commencement Date: | Ss 4–7 on 24.10.01: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 218) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Arts Centre Act 1979** |\n\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| *Assent Date:* | 12.8.14 |\n| --- | --- |\n| *Commencement Date:* | S. 9(Sch. 2 item 21) on 1.3.15: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Victorian Acts Centre Act 1979** |\n\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| *Assent Date:* | 24.10.17 |\n| --- | --- |\n| *Commencement Date:* | S. 93 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Victorian Acts Centre Act 1979** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as printed incorporates numerous amendments that expanded and revised the Trust's remit and powers beyond the original 1979 Act. Notable scope changes reflected in the current text include: formal recognition and definition of a State collection and a public art collection with associated custody and disposal rules (ss.3A–3B, s.18); explicit power to grant leases and licences over Centre land and other Trust land, with specified maximum terms (ss.17A–17C); Part 5 changes that revoke an historical Crown grant and reallocate management of specified Arts Centre land between the Trust and the National Gallery trustees (ss.20–25); inclusion of film‑approval status and a requirement that film‑related regulations conform to film friendly principles (s.3C, s.19(2)); expanded corporate and commercial powers including ticketing and joint ventures (s.5(1)(g), s.6(2)(ca)–(cd)); and governance/employment adjustments such as the Trust’s appointment and removal mechanics for the CEO and exclusion of Trust employees from the Public Administration Act (s.14). These provisions show a materially different operational and legal scope compared with the Act’s original institutional establishment."},"complexity_factors":["Multiple institutional actors with distinct powers and checks: the Trust, the Minister, the Treasurer and the Governor in Council (s.4(2), s.7, s.12, s.18(5)).","Financial mechanics combining a Trust fund, Treasurer-approved investments, borrowing subject to Treasurer approval, and State guarantees backed by the Consolidated Fund (ss.16, 7(1)–(6), 7(3)–(4), (3A)).","Intersection with other statutes and external regimes (Filming Approval Act 2014, Liquor Control Reform Act 1998, Transfer of Land Act 1958, National Gallery of Victoria Act 1966, Land Act 1958 and Crown Land (Reserves) Act 1978) creating cross‑statutory dependencies (s.3C, s.6(2)(e), Pt 5 notes, s.17A).","Detailed governance rules: appointments, terms, maximum service limits, quorum, conflicts of interest, delegation and staff appointment and removal with Ministerial approval (ss.8–14, 11A–11B, 13A).","Land management rules that permit long leases (up to 30 years) and licences (up to 7 years) plus a statutory reallocation of specific parcels (ss.17B–17C, ss.20–25).","Collection‑management regime with procedural public-notice and objection stages and Ministerial decision-making on contested disposals (s.18(1)–(6)).","Operational flexibility for the Trust to conduct commercial enterprises, form or join corporate entities and enter joint ventures, which raises regulatory and market‑competition implications (s.5(1)(g), s.6(2)(ca)–(cd))."],"plain_english_summary":"### What this law does (mechanics)\n\n- Creates the Victorian Arts Centre Trust (the Trust) as a body corporate to manage the Victorian Arts Centre and related functions (s.4). The Trust operates under the general direction and control of the Minister (s.4(2)).\n- Lists the Trust's functions: manage, operate, promote and develop the Centre; present and produce performances; promote use of venues; lead performing-arts development; manage the State collection of performing arts material and a public art collection; run ticketing and related commercial services; and any other Minister‑approved or Act‑conferred functions (s.5, ss.3A–3B).\n- Gives the Trust broad powers to carry out its functions, including buying equipment and property, forming or joining corporate entities and joint ventures, entering contracts, holding licences (including liquor licences), establishing a museum and public art gallery, and granting leases and licences (s.6, ss.6(2), 17B–17C).\n- Authorises the Trust to borrow subject to Treasurer approval and to obtain temporary finance guaranteed by the Government of Victoria; sums paid under guarantees come from the Consolidated Fund (s.7(1)–(4), (3A)). The Treasurer may require securities before guarantees are given (s.7(5)).\n- Requires the Trust to keep a designated fund for its moneys, to bank and invest under Treasurer approval, and to apply funds to Trust functions (s.16(1)–(5)).\n- Establishes governance and administrative rules: nine appointed members (one regional representative and others representing the public interest), a President, quorum rules, conflict-of-interest requirements for members, ability to delegate functions (including to sub‑committees and the CEO), and meeting rules including resolutions without meetings (ss.8–13A, 11A–11B).\n- Sets staff arrangements: the Trust appoints a chief executive officer with Ministerial approval and controls employment conditions; Trust employees are not subject to the Public Administration Act (s.14(1)–(5)).\n- Regulates management of land: the Trust may grant leases of Centre land up to 30 years and licences up to 7 years (ss.17A–17C). Part 5 modifies the legal status of specified Arts Centre land, revoking an historical Crown grant and reallocating control of two parcels (Parcel A to the Trust; Parcel B to the National Gallery trustees) and requiring Registrar of Titles amendments (ss.20–25).\n- Protects State and public art collections: the Trust cannot sell, dispose of or exchange collection objects except after a Trust resolution and a six‑month public notice and objection process; if objections arise the Minister decides (s.18).\n- Allows the Trust to make by‑laws for admission, care and order in the Centre (s.18A) and enables regulations; regulations concerning film permits must comply with film friendly principles (ss.18A, 19(2), 3C).\n\n### Who is affected\n\n- The Victorian Arts Centre Trust and its members: appointment, governance, duties, and financial powers are set by the Act (ss.4, 8–14).\n- The Minister and Treasurer: the Minister has general direction of the Trust and decides on disposals of collection items (s.4(2), s.18(5)); the Treasurer approves borrowing and investments and may require securities and give guarantees backed by the Consolidated Fund (s.7, s.16(3)).\n- Donors and owners of collection items: objects given to or held by the Trust for the State or public art collections are subject to retention and disposal rules, including public notice and Ministerial oversight (ss.3A–3B, s.18).\n- Commercial counterparties and users: prospective lessees, licensees, joint-venture partners, ticketing clients, and businesses that might compete with Trust‑run services (s.6(2)(c), s.5(1)(g), ss.17B–17C).\n- The public: has a right to be notified and to object to proposed disposals of collection items (s.18(1)–(4)).\n- Other land interests and bodies: National Gallery trustees gain control of Parcel B under Part 5; existing leases (for example Citipower) are preserved (ss.23–24).\n\n### Why it matters (claimed purpose and the practical implications)\n\n- The Act is presented as establishing a specialist corporate Trust to manage the Centre, collections and related cultural activity (s.4–5). Mechanically, it centralises operational, commercial and custodial powers in one statutory body that can enter commercial arrangements, borrow, and hold collections.\n\n- Costs and who pays: borrowing can be guaranteed by the State, which exposes the Consolidated Fund to repayment obligations if the Trust cannot meet debts (s.7(3)–(4), (3A)). The Trust funds operations from receipts paid into the Victorian Arts Centre Fund (s.16); investments of excess funds require Treasurer approval (s.16(2A)–(3)). Members may receive fees and travel expenses fixed by the Governor in Council (s.12).\n\n- Incentives and trade-offs: the Trust may run commercial services (ticketing, marketing, inventory) and form joint ventures or corporate entities (s.5(1)(g), s.6(2)(ca)–(cd)). That creates incentives for the Trust to compete for revenue-generating activities, which may substitute for private sector suppliers of the same services. The Act mechanically permits that competition but does not set market‑conduct rules beyond general corporate powers.\n\n- Bureaucratic discretion and decision points: the Minister has broad direction over the Trust (s.4(2)) and final decision power over sale/disposal of collection items (s.18(5)), while the Treasurer controls borrowing, investment and guarantees (s.7, s.16(3)). Those actors have substantial discretion to permit or restrict Trust activity.\n\n- Compliance burdens and public rights: disposal of collection objects requires public notice for at least 6 months, publicly displayed notices, and an objection process; contested disposals require referral to the Minister (s.18(1)–(6)). Lease and licence transactions must comply with terms set by the Trust (s.17B–17C). Members must declare and manage conflicts of interest and may be excluded from deliberation and voting (s.11B).\n\n- Effects on private choice and enterprise: by enabling the Trust to provide ticketing, marketing and related services, and to lease or licence Centre spaces for up to 30 years (s.17B) or 7 years (s.17C), the Act changes the range of commercial opportunities tied to the Centre and may affect market participants who supply similar services. The Trust’s ability to enter joint ventures and form corporate entities (s.6) creates flexibility to partner with or displace private providers.\n\n- Implementation and operational risk: the Trust’s borrowing and commercial activity are constrained by the Treasurer’s approvals and any guarantees given by the State, which imports public financial‑management steps (s.7). The Act also alters land tenure and control over specific parcels, requiring Registrar of Titles amendments (ss.21, 24–25), which are technical but consequential to property rights and management.\n\nOverall, the Act sets up a statutory Trust with operational, custodial and commercial powers over the Victorian Arts Centre, prescribes governance and financial controls involving the Minister and Treasurer, creates public procedures for collection disposals, and modifies legal control over particular parcels of Arts Centre land (notably in Part 5)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1979 purpose of establishing the Trust and managing the theatre complex. Major scope expansions include: (1) addition of two distinct cultural collection management regimes (State collection in 2000, public art collection in 2001); (2) commercial business powers including joint ventures, corporate memberships, and ticketing services (1995, 2000); (3) complex land tenure restructuring to split management with the National Gallery (2000); (4) integration with filming permit regimes (2014); and (5) enhanced governance rules (conflicts of interest, resolutions without meetings, CEO employment terms). The Act now functions as both a venue management statute and a cultural heritage protection law."},"complexity_factors":["Multiple amendment layers (17 amending Acts since 1979) creating fragmented text with extensive historical sidenotes","Complex land management provisions in Part 5 involving Crown grant revocation, reversion to Crown, and immediate re-vesting in different bodies","Nested conditions for selling collection items (section 18): resolution requirement → public notice → 6-month objection period → ministerial decision → potential delegation to panel","Cross-references to external legislation: National Gallery of Victoria Act 1966, Filming Approval Act 2014, Land Act 1958, Crown Land (Reserves) Act 1978, Transfer of Land Act 1958, Banking Act 1959 (Cth), Liquor Control Reform Act 1998, Public Administration Act 2004","Dual collection regimes (State collection vs public art collection) with similar but distinct definitions and management rules added at different times (2000 and 2001)","Borrowing powers subject to Treasurer approval with government guarantee mechanisms (section 7) involving Consolidated Fund appropriations","Transitional provisions in section 2 that effectively transferred all rights/liabilities from a predecessor body (Victorian Arts Centre Building Committee) — now largely historical but adds textual bulk","Specific lease preservation clause for Citipower (section 23) protecting existing commercial arrangements during the 2000 land restructuring"],"plain_english_summary":"This Act creates the **Victorian Arts Centre Trust** — a government body that runs Melbourne's Arts Centre (the big spire building on St Kilda Road with the theatres and concert halls).\n\n**What the Trust does:**\n- **Manages the Arts Centre** — controls the buildings, hires them out, and runs performances (opera, ballet, theatre, circus, etc.)\n- **Looks after collections** — maintains the \"State collection\" of performing arts memorabilia (costumes, instruments, posters, recordings) and the \"public art collection\" (paintings, sculptures)\n- **Can do business** — runs ticketing services, hires out equipment, enters joint ventures, and can even serve alcohol (with a liquor licence)\n- **Handles money** — borrows money (with government approval), accepts donations, invests funds, and runs a dedicated bank account called the Victorian Arts Centre Fund\n\n**Who's in charge:**\n- A **board of 9 members** appointed by the government, including someone from arts training and someone from regional Victoria\n- A **President** (chosen from the board members) who chairs meetings\n- A **chief executive officer** who runs day-to-day operations\n\n**Key rules:**\n- Members can serve up to 3-year terms, but can't stay longer than 9 consecutive years unless they're President\n- Members must declare conflicts of interest and can't vote on matters where they stand to profit\n- The Trust can make by-laws about behaviour in the Centre and can grant leases (up to 30 years) and licences (up to 7 years) for parts of the building\n- **Selling collection items is hard** — requires public notice, a 6-month waiting period, and ministerial approval if anyone objects\n- **Government guarantees loans** — if the Trust borrows money, the Victorian Government effectively backs it (meaning taxpayers are on the hook if things go wrong)\n\n**Land ownership twist:**\nIn 2000, the Act was changed to split the land. The Arts Centre land was technically handed back to the Crown (the government), then immediately re-assigned — with the Trust keeping control of Parcel A (the theatres) while the National Gallery took control of Parcel B (the gallery space). This was a legal tidy-up to clarify who manages what.\n\n**Why it matters:**\nThis Act is the legal foundation for one of Australia's biggest performing arts venues. It gives the Trust the powers to operate like a business while remaining publicly accountable, protects valuable cultural collections from being flogged off without oversight, and ensures the government ultimately controls what happens to the land and major decisions."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained focused on its original purpose: establishing and governing the Victorian Arts Centre as a public institution. While it has been amended and consolidated over time, there is no evidence the legislation has significantly expanded or contracted beyond its original intent of creating a legal framework for this specific cultural venue."},"complexity_factors":["Establishes a statutory authority (a government-created legal body), which involves layers of governance rules","Involves interaction between public funding, government oversight, and operational independence","Has been amended multiple times since 1979, meaning readers must navigate version history to understand current obligations","Limited information provided in the excerpt makes full assessment difficult — the actual operative provisions are not visible","Relatively narrow subject matter (a single cultural institution) keeps complexity moderate compared to broader regulatory legislation"],"plain_english_summary":"## Victorian Arts Centre Act 1979\n\nThis is the foundational law that established the **Victorian Arts Centre** (now known as Arts Centre Melbourne) as a formal legal entity in Victoria.\n\n**What it does:**\n- Creates the legal framework for the Victorian Arts Centre to operate as an organisation\n- Sets out how the Centre is governed, managed, and funded\n- Defines the powers and responsibilities of the trust or board that runs the Centre\n- Establishes rules around the use and management of the venue and its assets\n\n**Who it affects:**\n- The Arts Centre Melbourne organisation and its board/trustees\n- Staff employed at the venue\n- Artists and performing arts companies who use the facilities\n- Members of the Victorian public who attend performances or events there\n- Victorian taxpayers, as the Centre receives government support\n\n**Why it matters:**\nThis Act gives the Arts Centre its legal standing — without it, the organisation couldn't enter contracts, own property, employ people, or operate as a public institution. It's been in force since 1979 and has been updated over time through consolidated amendments."}},"importantCases":[],"_links":{"self":"/api/acts/victorian-arts-centre-act-1979","history":"/api/acts/victorian-arts-centre-act-1979/history","analysis":"/api/acts/victorian-arts-centre-act-1979/analysis","conflicts":"/api/acts/victorian-arts-centre-act-1979/conflicts","importantCases":"/api/acts/victorian-arts-centre-act-1979/important-cases","documents":"/api/acts/victorian-arts-centre-act-1979/documents"}}